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Home My WebLink About55-99 Ordinance RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance No.----- 55-99-------- Passed------- - -------19-------- AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH AMERICAN ELECTRIC POWER (a/k/a COLUMBUS SOUTHERN POWER) TO PROVIDE ASSISTANCE AND PAYMENT FOR THE SUBSTATION i RELOCATION IN CONNECTION WITH THE EMERALD PARKWAY EXTENSION WHEREAS, the City of Dublin is in the process of extending Emerald Parkway ~ in the vicinity of Columbus Southern Power's property and electrical facilities on Shier i Rings Road, Dublin, Ohio; and WHEREAS, the Emerald Parkway extension will require the demolition, relocation and reconstruction of various electrical facilities owned by Columbus Southern Power; and WHEREAS, Columbus Southern Power desires to allow Dublin to help in the i demolition, relocation and reconstruction of its facilities; and WHEREAS, the demolition, relocation and reconstruction of Columbus Southern Power's electrical facilities shall be completed at Dublin's expense; and WHEREAS; Dublin intends to coordinate with Columbus Southern Power to ensure the demolition, relocation and reconstruction is completed in accordance with specifications based upon the current American Electric Power Standards for such facilities and shall be subject to inspection; and WHEREAS, Dublin intends to coordinate with Columbus Southern Power the construction of the replacement facilities to ensure all applicable codes and regulations are adhered to or any necessary waivers are properly issued; and WHEREAS, the aforementioned objectives require Dublin to purchase certain land currently owned by Columbus Southern Power; and WHEREAS, Dublin and Columbus Southern Power has agreed to a price of $70,000 per acre for fee simple and $35,000 per acre fore utility and bikepath easement; NOW, THEREFORE, BE TT RESOLVED by the Council, of the City of Dublin, ~ state of Ohio, of the elected members concurring that: i Section 1. The City Manager is hereby authorized to execute an Agreement with Columbus Southern Power Company for the relocation of electric facilities located on Rings Road, Dublin, Ohio. i Section 2. This Ordinance is declared to be an emergency measure for the immediate preservation of the public peace, health, safety or welfare, in that the execution of this agreement will enable the City to continue to address traffic issues by promptly moving forward with construction of Emerald Parkway between Innovation Drive and Perimeter Drive; therefore, this Ordinance shall take effect and be in force immediately upon its passage. i i F:\szd\Stevenss~35505aep.832\ORDINANCE.doc RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 ler o ounce Ordinance No.---- Passed------ ---------19-------- Passed this / ~7yi day of , 1999. /~.G~~IG Mayor -Presiding Officer ATTEST: Clerk of Council 1 hereby certify that copies of this Ord'nance/Resotution were posted in t$d qty of Dublin in accordance with Section 731.25 of the Ohio Revised Code. CI of Ceuncil, Duhlin, Ohio a~ ~ I i I I I i F:\szd\Stevenss\35505aep.832\ORDINANCE.doc AGREEMENT BETWEEN THE CITY OF DUBLIN AND COLUMBUS SOUTHERN POWER COMPANY FOR THE RELOCATION OF ELECTRIC FACILITIES IN CONFLICT WITH EMERALD PARKWAY -PHASE 7 ~„..,R This Agreement entered into this day of 1999, by and between Columbus Southern Power Company (CSP) and the City of Dublin (City). Whereas, the City is in the process of extending Emerald Parkway between Perimeter Drive and Innovation Drive in the vicinity of CSP's property and electrical facilities on Shier Rings Road, Dublin, Ohio; Whereas, the Emerald Parkway extension will require the demolition, relocation and reconstruction of various electrical facilities owned by CSP; and Whereas, CSP desires to cooperate for the timely construction of Emerald Parkway and allow the City to help in the demolition, relocation and reconstruction of its facilities as provided hereafter, the parties hereby agree as follows: Section I. General Guidelines: The demolition, relocation and reconstruction of CSP's electrical facilities made necessary by the extension of Emerald Parkway -Phase 7 (the "Project) shall be completed at the expense of the City. The City agrees to reimburse CSP on the basis of "cost plus". The amount of reimbursement shall be calculated using actual costs (less the salvage value of any equipment salvaged from the Project) plus CSP's standard loading charges as described in Exhibit A, which is hereby incorporated into and made a part of this Agreement. The Parties agree CSP ` shall be the owner of all such facilities constructed on its behalf, except for public roadway and related conveyances. Payments will be made by the City based upon invoices rendered by CSP at its option on either a calendar year quarterly basis or at the conclusion of major phases of the Project. Payment will be due 45-days from receipt of invoice. CSP will make available upon request any documentation reasonably necessary to substantiate the charges billed to the City. The City will provide CSP with all necessary permits for the Project in a timely manner, at no cost. As part of the Project, the City will have the opportunity or option, as provided for hereafter, to complete portions of the Project itself or through the use of subcontractors. In the event the City does perform such work, it shall do so in accordance with specifications provided by CSP. CSP's specifications shall be based upon the then current American Electric Power Standards for such facilities. All work on CSP's facilities shall be subject to inspection by CSP and strict adherence to the specifications provided. CSP shall not be responsible for any delays caused by the City s performance of any portions of the Project. The City shall also, as provided for hereafter, have the option of purchasing part of the materials and equipment required by the Project directly from the manufacturers, provided that they meet CSP's specifications and requirements and have been previously agreed to by CSP. CSP shall have .the right to designate specific manufacturers and equipment. The City agrees, in the event it chooses to purchase such materials and equipment, to use its best efforts to coordinate the purchase and delivery of such items with CSP's construction schedule. CSP will not be responsible for any' delays caused by the City's election to purchase such equipment and materials. As part of the Project, the City will remove certain existing parking facilities owned by CSP and construct replacement facilities, as provided for hereafter. The City agrees that the replacement facilities shall be constructed in accordance with this agreement and the exhibits attached hereto. To the extent the replacement facility does not comply with the City Code any such noncompliance shall be considered a legal pre-existing nonconforming use. An estimated timeline has been agreed upon by the parties for completing the various portions of the Project. Said timelines are set forth in Exhibit C which is hereby incorporated into and made a part of this Agreement. The parties recognize and agree that the estimated completion dates are subject to revision by the parties from time-to-time as the project proceeds. The parties hereby pledge to work together cooperatively to facilitate the timely completion of the project. Section II. Substation Work: As part of the Project, CSP's existing substation control building must be demolished and reconstructed in a new location. The parties intend to demolish the existing structure and construct a new building in a new expansion area of the substation, in accordance with the site drawing as set forth in Exhibit B, which is hereby incorporated into and made a part of this Agreement. The substation work includes, but is not necessarily limited to, the removal of the existing building, the design and layout of the new building and the purchase and construction of the new control building, relays and panel board, control panels, grounding system and related electrical facilities. In addition, grading, both inside and outside of the substation fence and expansion area must be performed. Responsibility for the purchase of equipment and the performance 2 of vazious tasks included in the substation work is set forth in Exhibit C which is hereby incorporated into and made a part of this Agreement. Section III. New Duct/Manhole System for Overhead Primary Feeders Placed Underground: As part of the Project, certain overhead electrical distribution facilities will be relocated underground in a newly constructed Duct/Manhole System (Duct System) to be constructed for the Project, as set forth in Exhibit D which is hereby incorporated into and made a part of this Agreement. The Duct System work includes, but is not necessarily limited to, design and layout, and the purchase and installation of manholes, ducts and concrete for encasement, padmount switches and foundations, manhole risers, rings and covers and related electrical equipment. Responsibility for the purchase of equipment and performance of vazious tasks included in the Duct System work is set forth in Exhibit C. Section IV. Overhead Distribution Line Work: As part of the Project, overhead distribution line work will be required, as set forth in Exhibit E which is hereby incorporated into and made a part of this Agreement. The overhead distribution line work includes, but is not necessazily limited to, design and layout, the installation, removal and/or modification of electrical facilities and the purchase of materials and equipment. Responsibility for the purchase of equipment and performance of various tasks included in such work is set forth in Exhibit C. Section V. Pole and Transmission Line work: Except as provided in subsection (B) below, it is not currently anticipated by the pazties that any relocation of the existing overhead transmission line or poles in the vicinity of the Project is necessary. ff relocation of the existing overhead transmission line or poles becomes necessary, CSP agrees to do so, at the City's expense. All such work will be done by CSP and billed for in accordance with the terms of this Agreement. Presently, a pole carrying an overhead transmission line is located on or near the northwest corner of Emerald Parkway and Shier Rings Road. It is anticipated that the aforementioned transmission pole must be relocated to the north. CSP agrees to do so, at the City's expense. All such work will be done by CSP and billed for in accordance with the terms of this Agreement. 3 Section VI. Parking Lot and Access Drive: As part of the project, part of CSP's existing parking facilities will be eliminated and the City will provide a substitute parking facility as set forth in Exhibit F which is hereby incorporated into and made a part of this Agreement. The parking lot and access drive work includes, but is not necessarily limited to, the removal of the existing lot and construction of the substitute facility. '"ter Responsibility for the performance of such work is set forth in Exhibit C. Section VII. Land Acquisition: As part of the Emerald Parkway extension, the City desires to purchase certain land currently owned by CSP. The parties hereby agree to payment based on the fair market appraised value of seventy thousand dollars ($7Q,040) per acre. and thirty-five thousand dollazs ($35,000) per acre for any permanent easement interest. The land acquisition portion of this agreement and any real estate purchase contract prepared as part of this agreement shall be subject to CSP's Board of Directors approval, said approval shall not be unreasonably withheld. Any real estate purchase by the City based on the foregoing shall be closed on or before September 3Q, 1999, unless otherwise agreed to by the parties. The parties further agree that, as a result of the construction of the new access drive under Section V. of the Agreement and other physical changes required by the project, the marketability, value and use of the property owned by CSP west of the new access drive could be negatively impacted. Therefore, with the exception of the City Code building setback requirements from Emerald Parkway, the City agrees that all other City zoning requirements be calculated based upon the area of the real property as it existed prior to the transfer of real property to the City, as part of this agreement. Section VIII. Mutual Right of Entry and Right to Work on Real Property: A. Subject to the terms and conditions set forth in this Agreement, CSP and the City each hereby grant and convey to each other and the other's respective contractors anon-exclusive temporary Right of Entry and Right to Work, to the extent needed in accordance with good construction practices, but only during the period of construction of the Pazking Lot and Road Improvements, on, over, across and through the CSP and City Property, as follows: (i) over, across and through various portions of each party's respective Property to perform the Parking Lot and Road Improvements and any other improvements agreed upon by the parties hereto in accordance with the Site Plan or other written instruments signed by all parties hereto. All construction activities undertaken by the parties pursuant to or as authorized by this Agreement shall be conducted so as to minimize interference with the use of the Property subject hereto. Upon 4 completion of construction of the Parking Lot and Road Improvements, which shall be completed no later than , _ ,all temporary Right of Entry and Right to Work agreements between the parties shall cease and terminate and be of no further force and effect. City further agrees to restore the land to its original condition except as otherwise contemplated by this agreement and the construction plans for the same. 'y.. Wherefore, the parties hereby set their hands this day of , 1999. CITY OF DUBLIN COLUMBUS SOUTHERN POWER COMPANY BY BY (TITLE/DATE) (TITLE/DATE) 5 C1AR-26-1999 10 52 t;MERICAN ELECTRIC POWER 614 8837077 P.02i03 EXIT A EXPLANATION OF OVERRFAnS ..W _ LABOR FRINGE Labor fringe rates include such costs as FICA, FUT, SUT, 'Workers' Compensation, group insurance, retirement annuity, savings plan, post-retirement~benefits, nonproductive and vacation costs. Labor fringes are allocated to total bare labor costs. STORES RATE Stores rate includes material• handling expenses, purchasing labor, stores administrative labor, stores material transportation costs, inventory adjustments, etc. Stores charge is calculated by multiplying total material by stores rate. CONSTRUCTION OVERHEAD Construction overhead costs include those costs which are related to construction but not directly applied to construction work orders. The costs consist of labor, transportation, building service expense, etc. They are allocated to construction based on the total charges to the work order before construction overhead is applied. Rev. 3/26/99 r-----• 85'0 ~A(NllNK FENCE EXIST(N~ CHAIN~(NK FENCE EXISTING Ct+A1N`(NK ftNCe 70 BEE Ac-YOVEO W O S yW., W ~ ' m 1 O u ' Z ~ 4 BUfLD[NG aL I ?7 Z W Z W U ~ W C9 O ~ ~ CSP DUBLIN ~ ~ SU6ST^TION W LL z Q z ~ _z ^ ~ W 4 ~ x u ~X W Z O 2 Z N C U W W 2 C.r1A ~yK FENCE EXIS7(NG CrAINL lNK f-, tVCc CHA I Nl lNKI NG `C_ i0 Be aE.y0vE0` c.:.;- - I EXI ~IBIT "B" AGREEMENT BETWEEN THE CITY OF DUBLIN AND COLUMBUS SOUTHERN POWER RELOCATION OF AMERICAN ELECTRIC POWER FACILITIES IN CONFLICT WITH EMERALD PARKWAY - PHASE 7 r EXHIBIT C Agreement Between the City of Dublin and Columbus Southern Power Relocation of American Electric Power Facilities in Conflict with Emerald Parkway -Phase 7 Estimated Work Items B CSP B Dublin Com letion 1. Substation Work A. Control Building ~ i 6/1/99 ~ (1) Design and Layout X ~ I (2) Building Structures - Purchase X 5/1/99 - Install X 8/1/99 I (3) Relays & Panel Board - Purchase X 5/1/99 install X 8/15/99 (4) Control Cables - Purchase X 6/1/99 _ 12/1/99 (5) Remove Existing Control Bldg. X 3/00 (B) New Fence 8t Grounding System X 1/1/00 (C) Grading Outside relocated substation fence and in substation ~ expansion area -Design X 5/1/99 ~ - Construction X 7/1/99 2. Parkin Lot and Access Drive ~ A. Paridng Lot to the west -Design X 9/1/99 - Construction X 6/30/00 ~ B. Access Drive (if needed) -Design X 9/1/99 -Construction X 6/30/00* *To coincide with removal of old parking facilities. 3. New Duct/14anhote Svstem for Overhead Primary Feeders Placed Underground on this Project A. Design and Layout X 8/99 B. Manholes -Purchase X 3/00 -Install X ~l/UO C. Ducts & Concrete for Encasement -Purchase X 3/00 - Install X ~/00 D. Padmount Switches ~ -Purchase X 3/00 - Install X 5/00 E. Switch Foundation - Install X ~/OU F. Manhole risers, rings & covers - Purchase X 3/00 - Install X 5/00 4. Poles & Overhead Power Line Work A Design and Layout X 6/99 B. Labor to install, remove or modify X 7/00 C. Purchase Materials & E ment X 1/00 5. Transmission Line Work -Purchase X 10/99 -Install X 12/99 Revised 4/22/99 9:29:18 AM RISER POLES _ _ _ I - SHIER RINGS ROAD UTILITY AND BIKEPATH EASEMENT z I z _ _ _ - w w Q Q I 20 a a I I I w 3 I w ~ ~ ~ IQ I Y I ~ I NOTE: NOT TO SCALE. LOCATIONS I ARE APPROXIMATE. ~ I~ W I w I 20' o I I~ O ~ X X X X I I DUBLIN SUBSTATION x 15' EXHIBIT "D" AEP UNDERGROUND FACILITIES EMERALD PARKWAY/DUBLIN SUBSTATION PREPARED BY BURGESS & NIPLE, LTD. MAY 13, 1999 2 0 ? - St¢tl¢n Exlt O Ealstkig Pde Sto St¢tlon Exit xlt ~ Pde e¦ Pde Sub ironsnlssiml wl Andnr i ~ ~ w-.r ~ o .w SHIER RINGS ROAD ~ Reno ' Renove crossar~ns and conductor I Renove Both Circuits 863' (Both) and 8 Potes ~ STORAGE YARD O I I Renove crasL rns and conduct Splice underground' L I SUBSTATION I Reno.,ve/crossarns and conductor r Q 3 •Y Q Q Ct_ A J Q Ct: W W INN° Vq DRI V~ IpN Renove crossnrns / and Conductor Exihibit E Install pole and nnchor May 13, 1999 ~ ~ a T r sue. ~ P ~s.'~ ~ ~ ~ r - - Y ~ r ~ F o-, ~ ~ ,.fir ~ , ~~'~'"",g ~ i. max..- ?4.a ~ ~ ~ s ~ ~ ~ ~ ~ ~ ~ ~ t ~ ~ ~ ~ ~ u. ~ ~ ~ ~ ~ P691MEt'~ DRVE ~ w i ~ ~ _ JlJ3TiCE CCfVT'~ ~ - ; ~ s h ~ ~ 3 a ~ t r - E ~ ~ws ~ ~ ~ 5 ~ e. ~ 4 ~s3;. 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