55-99 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 $35,000 per acre fore utility and bikepath easement;
NOW, THEREFORE, BE TT RESOLVED by the Council, of the City of Dublin, ~
state of Ohio, of the elected members concurring that:
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Section 1. The City Manager is hereby authorized to execute an Agreement
with Columbus Southern Power Company for the relocation of electric facilities located
on Rings Road, Dublin, Ohio.
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Section 2. This Ordinance is declared to be an emergency measure for the
immediate preservation of the public peace, health, safety or welfare, in that the
execution of this agreement will enable the City to continue to address traffic issues by
promptly moving forward with construction of Emerald Parkway between Innovation
Drive and Perimeter Drive; therefore, this Ordinance shall take effect and be in force
immediately upon its passage.
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F:\szd\Stevenss~35505aep.832\ORDINANCE.doc
RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
ler o ounce
Ordinance No.---- Passed------ ---------19--------
Passed this / ~7yi day of , 1999.
/~.G~~IG
Mayor -Presiding Officer
ATTEST:
Clerk of Council
1 hereby certify that copies of this Ord'nance/Resotution were posted in t$d
qty of Dublin in accordance with Section 731.25 of the Ohio Revised Code.
CI of Ceuncil, Duhlin, Ohio
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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
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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.
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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
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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
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_ 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
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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
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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 ~
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6/1/99 ~
(1) Design and Layout X ~
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(2) Building Structures - Purchase X 5/1/99
- Install X 8/1/99
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(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 -
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EXHIBIT "D"
AEP UNDERGROUND FACILITIES
EMERALD PARKWAY/DUBLIN SUBSTATION
PREPARED BY
BURGESS & NIPLE, LTD.
MAY 13, 1999
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Exihibit E
Install pole and nnchor May 13, 1999
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