HomeMy WebLinkAboutResolution 72-14RECORD OF RESOLUTIONS
D ay- L M Mc .. Fw No. 30045
- — Resolution No. r
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO TWO CONSTRUCTION AGREEMENTS WITH
COLUMBIA GAS FOR THE RELOCATION OF TWO GAS LINES
WITHIN THE CITY OF DUBLIN FOR THE SAWMILL
ROAD /HARD ROAD INTERSECTION IMPROVEMENT PROJECT
(ET060S)
i
WHEREAS, the City of Dublin has identified the need to construct improvements at
the intersection of Sawmill Road and Hard Road; and
WHEREAS, the Sawmill Road /Hard Road Intersection Improvement Project includes
the addition of right and left -turn lanes and modifies the traffic signal; and
WHEREAS, the City of Dublin's adopted 2014 -2018 Capital Improvements Program
includes this project, which is identified as Project #ET0605; and
WHEREAS, the City of Dublin has worked closely with Columbia Gas to develop
relocation plans for a six -inch plastic medium pressure pipe and a ten -inch steel high
pressure pipe; and
WHEREAS, the City of Dublin will assume forty-six percent (46 %) of the cost of
relocation of the six -inch plastic medium pressure pipe, and
WHEREAS, the City of Dublin will assume one hundred percent (100 %) of the cost
of relocation of the ten -inch steel high pressure pipe.
NOW, THE EFORE, BE IT RESOLVED by the Council of the City of Dublin, State
of Ohio, of the elected members concurring that:
Section 1. The City Manager is hereby authorized to enter into two Construction
Agreements with Columbia Gas for the relocation of two gas lines adjacent to Sawmill
Road, a six -inch plastic medium pressure pipe and a ten -inch steel high pressure
pipe, which are located within the City of Dublin, in substantially the same form as
attached, with changes not inconsistent with this Resolution and not substantially
adverse to this City and which shall be approved by the City Manager and Director of
Finance. The approval of changes thereto by those officials, and their character as
not being substantially adverse to the City, shall be evidenced conclusively by their
execution thereof.
Section 2 . The City Manager, the Clerk of Council, the Director of Law, the Director
of Finance, or other appropriate officers of the Cary are hereby authorized to prepare
and sign all agreements and instruments and to take any other actions as may be
appropriate to implement this Resolution. The City Manager and the Director of
Finance are also authorized, for and in the name of the City, to execute any
amendments to the Construction Agreements, which amendments are not
inconsistent with this Resolution and not substantially adverse to this City.
Section 3. This Resolution shall take effect upon adoption in accordance with
Section 4.04(a) of the Revised Charter.
assed ism da of 2014.
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yor - Presiding Officer
Attest
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lc 4 ityof Dublin
Office of the City Manager
5200 Emerald Parkway • Dublin, OH 43017 -1090
Phone: 614-410-4400 • Fax: 614-410-4490
To: Members of Dublin City Council
From: Marsha I. Grigsby, City Manager
AV-
Date: August 7, 2014
Initiated By: Paul A. Hammersmith, PE, Director of Engineering /City Engineer
Jean -Ellen M. Willis, PE, Engineering Manager — Transportation
Memo
Re: Resolution 72 -14 - Authorizing the City Manager to enter into Two
Construction Agreements with Columbia Gas to Relocate Two Gas Lines for
the Sawmill Road /Hard Road Intersection Improvement Project
Summary
The adopted Dublin 2014 — 2018 Capital Improvements Program includes the Sawmill Road /Hard
Road intersection improvement project (Project #ET0605), which provides for the addition of right -
and left -turn lanes and modifies the traffic signal. Dublin staff has been working on the
improvements to the Sawmill Road and Hard Road intersection for the past several years as
development adjacent to the intersection has occurred. The project will be funded by service
payments from the Lifetime Fitness Tax Increment Financing District.
As part of this project, Columbia Gas must relocate two gas lines, a six -inch plastic medium
pressure pipe and a ten -inch steel high pressure pipe, that are located within an existing private
easement. Figure 1 below shows the approximate location of the relocated gas lines. Because
both are located in a private easement, the City of Dublin must pay to have those lines relocated
as part of the project. The City of Dublin is responsible to pay forty-six percent (46 %) of the
relocation cost for the six -inch plastic medium pressure pipe and one hundred percent (100 %) of
the relocation cost for the ten -inch steel high pressure pipe. The cost to relocate the six -inch
medium pressure line is shared with the City of Columbus, because it must be relocated in the
Hard Road Widening project as well. If the lines were located within public right -of -way, then the
cost of the relocation would be the responsibility of Columbia Gas.
Proposed 10" v
steel high
pressure pipe P
7 _
r a Sawmill
proposed 6"
plastic medium
pressure pipe
proposed 6"
plastic medium
pressure pipe
Ell
Figure 1: Proposed Gas Line Approximate Locations
Memo re. Resolution 72 -14 - Construction Agreements for Sawmill Road /Hard Road
August 7, 2014
Page 2of2
Each gas line that must be relocated has a separate construction agreement. The cost included in
the first agreement to relocate the six -inch plastic medium pressure pipe is $60,000, or forty-six
percent of $130,450, which is the total cost to relocate this line. As mentioned above, the cost to
relocate this gas line is shared with the City of Columbus, due to the Hard Road Widening project.
The cost included in the second agreement to relocate the ten -inch steel high pressure pipe is
$450,650. These payments will be made to Columbia Gas in advance of the construction activity.
Once the relocations are complete, Columbia Gas will verify the actual construction cost for each,
and the final billing will be provided to Dublin. If the actual cost of the relocation is more than the
amount deposited, Dublin will be billed for the excess. If the actual cost of the relocation is less
than the amount deposited, Columbia Gas will refund the excess to Dublin.
Recommendation
Staff recommends approval of Resolution 72 -14 authorizing the City Manager to enter into a
Construction Agreement with Columbia Gas for the relocation of two gas lines for the Sawmill
Road /Hard Road Intersection Improvement Project.
July 14, 2014
Attn: Ms. Jeannie Willis
City of Dublin
5800 Shier Rings Road
Dublin, OH 43016
RE: Sawmill/Hard Road Gas Relocation
Ms. Willis,
Columbia Gas of Ohio, Inc. has been asked to relocate a section of its facilities to avoid conflicts with
the Sawmill Road and Hard Road intersection project. Approximately 1,700 feet of 6 -inch plastic,
medium pressure main and 1,080 feet of 10 -inch steel, high pressure main will need to be relocated to
avoid any conflicts with the proposed roadwork.
Included are two reimbursable agreements: one agreement for the medium pressure gas relocation and
one agreement for the high pressure gas relocation, which will allow the actual costs of the two separate
gas main relocations to be tracked appropriately.
The estimated total cost of relocation of the medium pressure gas main is $130,450, which is considered
to be 46% reimbursable. As such, the City of Dublin will be responsible for $60,000 of these costs.
The estimated total cost of relocation of the high pressure gas main is $450,350, which is considered to
be 100% reimbursable.
As mentioned above, I have included reimbursable agreements for both relocations. Please have two
copies of these agreements signed, dated, witnessed, and returned to my attention at 1600 Dublin Road,
Columbus, Ohio, 43215. 1 will then do the same and return a copy to you.
If you have any questions or concerns about this matter, please feel free to contact me at
(614) 481 -1057.
Sincerely,
Rob Caldwell
Field Engineer
Columbia Gas of Ohio, Inc.
Enclosures
Contract No:
AGREEMENT
THIS AGREEMENT, made this day of August 2014 by and between Columbia Gas of
Ohio, Inc. having an office and place of business at 200 Civic Center Drive, Columbus, Ohio
43215, hereinafter referred to as "COLUMBIA ".
f_ Z, FIE
The City of Dublin 5800 Shier Rings Road
Dublin, OH 43016
(Company Name) (Address)
hereinafter referred to as "REQUESTOR."
W ITN ESSETH:
WHEREAS, Columbia owns and operates 10 -inch steel high pressure main in easement
along Sawmill Road near the intersection with Hard Road, in the City of Dublin, State of Ohio,
Franklin County; and
WHEREAS, Requestor wishes to have approximately 1,080 feet of this pipeline relocated
in order to permit certain construction in the vicinity of the pipeline, and Columbia is willing to
relocate said pipeline subject to the conditions set forth below.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained
herein, and the parties hereby intending to be legally bound, they do hereby promise and agree as
follows:
1. Requestor agrees to pay 100% of the actual cost of the relocation.
2. Requester agrees to deposit the sum of $450,350 to Columbia. If Requestor
decides to cancel or postpone indefinitely the contemplated construction project,
Columbia shall return the deposited sum to Requestor less all costs expended or
obligated at the time of cancellation or indefinite postponement, including costs,
which may have to be expended to restore the premises to their original condition.
3. Upon written execution of this agreement and receipt of said sum of $450,350 from
Requester, Columbia agrees to begin plans to relocate said pipeline. Columbia will
physically relocate said pipeline as mutually agreed to when all material is
available, all necessary permits are received, and a construction crew is available.
4. Upon completion of said relocation, Columbia shall, within a reasonable time,
submit to Requestor a statement showing the actual cost thereof. If 100% of the
actual cost of said relocation is more than the amount of deposit, Requestor shall
promptly pay the excess over the amount deposited to Columbia. If 100% of the
actual cost is less than the amount of the deposit, Columbia shall promptly return
to the Requestor the excess of the deposit.
5. It is understood and agreed between the Parties hereto that this project will not be
commenced until such time as such relocation will not impair the operations of
Columbia in its service of gas to its customers.
6. The Requestor hereby agrees to defend, indemnify and hold harmless Columbia,
its contractors, employees and agents from and against all liability, loss, damage,
and injury claimed to have arisen or that result from the relocation of Columbia's
facilities contemplated hereunder to the extent allowable by law. Requestor's
indemnification and hold harmless obligation shall not, however, apply to such
liability, loss, damage, and injury proximately caused by Columbia's, its
contractors', employees' or agents' gross negligence or willful misconduct in
relocating Columbia's facilities as contemplated hereunder.
WITNESS the due execution of this Agreement the day and year aforesaid.
WITNESS:
REQUESTOR:
THE CITY OF DUBLIN
Print Name:
WITNESS:
Robert Caldwell
4835-1421 -98M, v. 1
Print Name:
COLUMBIA GAS OF OHIO, INC.
Michael Sucharski
Contract No:
AGREEMENT
THIS AGREEMENT, made this day of August 2014 by and between Columbia Gas of
Ohio, Inc. having an office and place of business at 200 Civic Center Drive, Columbus, Ohio
43215, hereinafter referred to as "COLUMBIA ".
I_ r b
The City of Dublin 5800 Shier Rings Road
Dublin, OH 43016
(Company Name) (Address)
hereinafter referred to as "REQUESTOR."
W ITNESSETH:
WHEREAS, Columbia owns and operates 6 -inch plastic medium pressure main in
easement along Sawmill Road near the intersection with Hard Road, in the City of Dublin, State of
Ohio, Franklin County; and
WHEREAS, Requestor wishes to have approximately 1,700 feet of this pipeline relocated
in order to permit certain construction in the vicinity of the pipeline, and Columbia is willing to
relocate said pipeline subject to the conditions set forth below.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained
herein, and the parties hereby intending to be legally bound, they do hereby promise and agree as
follows:
1. Requestor agrees to pay 46% of the actual cost of the relocation.
2. Requester agrees to deposit the sum of $60,000 to Columbia. If Requestor
decides to cancel or postpone indefinitely the contemplated construction project,
Columbia shall return the deposited sum to Requestor less all costs expended or
obligated at the time of cancellation or indefinite postponement, including costs,
which may have to be expended to restore the premises to their original condition.
3. Upon written execution of this agreement and receipt of said sum of $60,000 from
Requester, Columbia agrees to begin plans to relocate said pipeline. Columbia will
physically relocate said pipeline as mutually agreed to when all material is
available, all necessary permits are received, and a construction crew is available.
4. Upon completion of said relocation, Columbia shall, within a reasonable time,
submit to Requestor a statement showing the actual cost thereof. If 46% of the
actual cost of said relocation is more than the amount of deposit, Requestor shall
promptly pay the excess over the amount deposited to Columbia. If 46% of the
actual cost is less than the amount of the deposit, Columbia shall promptly return
to the Requestor the excess of the deposit.
5. It is understood and agreed between the Parties hereto that this project will not be
commenced until such time as such relocation will not impair the operations of
Columbia in its service of gas to its customers.
6. The Requestor hereby agrees to defend, indemnify and hold harmless Columbia,
its contractors, employees and agents from and against all liability, loss, damage,
and injury claimed to have arisen or that result from the relocation of Columbia's
facilities contemplated hereunder to the extent allowable by law. Requestor's
indemnification and hold harmless obligation shall not, however, apply to such
liability, loss, damage, and injury proximately caused by Columbia's, its
contractors', employees' or agents' gross negligence or willful misconduct in
relocating Columbia's facilities as contemplated hereunder.
WITNESS the due execution of this Agreement the day and year aforesaid.
WITNESS: REQUESTOR:
THE CITY OF DUBLIN
Print Name: Print Name:
WITNESS: COLUMBIA GAS OF OHIO, INC.
Robert Caldwell Michael Sucharski
4816 - 18459932, v. 1