Resolution 52-23RECORD OF RESOLUTIONS
GOVERNMENT FORMS & SUPPLIES 844-224-3338 FORM NO. 30045
52-23
Resolution No. Passed , 20
AUTHORIZING THE CITY MANAGER TO ENTER INTO A PIPELINE
RELOCATION AGREEMENT AND RELATED EASEMENTS WITH
COLUMBIA GAS OF OHIO, INC. TO RELOCATE GAS PIPELINE FOR
THE CONSTRUCTION OF THE AVERY ROAD AND RINGS
ROAD/CARA ROAD INTERIM INTERSECTION IMPROVEMENT
PROJECT
WHEREAS, the City of Dublin (“City”) is preparing to construct the Avery Road and
Rings Road/Cara Road Interim Intersection Improvement Project, 20-019-CIP
(“Project”); and
WHEREAS, as part of the Project, the City will be requiring certain existing Columbia
Gas of Ohio, Inc. (‘Columbia Gas”) gas pipelines to be relocated; and
WHEREAS, the City and Columbia Gas participated in good faith discussions and have
come to mutually agreeable terms for the reimbursement costs associated with the
relocation of the existing gas pipelines; and
WHEREAS, the City desires to execute the Pipeline Relocation Agreement and the
related easements to ensure the Project remains on schedule; and
WHEREAS, the City has agreed to assume responsibility for sixty-five percent (65%)
of the total costs associated with the pipeline relocation as a portion of the Columbia
Gas of Ohio, Inc. pipeline facilities are currently located in an existing private
easement, wholly owned by Columbia Gas; and
WHEREAS, the City has agreed to assume one hundred percent (100%) of the costs
of Columbia Gas land rights forfeited by them vacating their existing private
easements.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, Delaware,
Franklin, and Union Counties, State of Ohio, __ “7 _ of the elected members concurring
that:
Section 1. The City Manager is hereby authorized to enter into a Pipeline Relocation
Agreement with Columbia Gas of Ohio, Inc. for the Avery Road and Rings Road/Cara
Road Interim Intersection Improvement Project, in substantially the same form as
attached to this Resolution.
Section 2. The City Manager is hereby authorized to execute any necessary
easement agreements on City-owned property to grant Columbia Gas of Ohio, Inc.
easement rights as part of the Project.
Section 3. This Council further hereby authorizes and directs the City Manager, the
Director of Law, the Director of Finance, the Clerk of Council, or other appropriate officers
of the City to take any other actions as may be appropriate to implement this Resolution
without further legislation being required.
Section 4. This Resolution shall take effect upon passage in accordance with Section
4.04(a) of the Dublin Revised Charter.
Passed this 26" day of June, 2023.
Yeu 7 Be
Mayor - Presiding Officer 7”
CHa bho
Cleyfor Coufcil
To: Members of Dublin City Council
From: Megan D. O’Callaghan, P.E., City Manager
Date: June 20, 2023
Initiated By: Robert E. Ranc, Jr., Deputy City Manager
Paul A. Hammersmith, P.E., Director of Engineering/City Engineer
Brian D. Gable, P.E., Deputy Director of Engineering – Design & Construction
Kenneth B. Richardson, P.E., P.S., Senior Civil Engineer
Re: Resolution 52-23 – Authorizing the City Manager to Enter into a Pipeline
Relocation Agreement with Columbia Gas of Ohio, Inc. as part of the Avery
Road and Rings Road/Cara Road Interim Intersection Improvement Project,
20-019-CIP
Background
The Avery Road and Rings Road/Cara Road Interim Intersection Improvement Project (Project)
provides for an interim intersection improvement at the intersection of Avery Road and Rings
Road/Cara Road. The Project will construct a roundabout at the intersection, curb and gutter for Cara
Road and Cara Court, water and sanitary sewer line extensions for Rings Road, Cara Road and Cara
Court and pedestrian facilities for Rings Road, Cara Road, Avery Road and Cara Court. An exhibit
showing an illustration of the Project is attached to this memo for reference. Council approved this
Project as part of the 2023-2027 Capital Improvements Program (CIP).
Summary
Staff has worked closely with Columbia Gas of Ohio, Inc. (Columbia Gas) on a Pipeline Relocation
Agreement (Agreement), as attached for Council’s reference and information, to design and relocate
Columbia Gas facilities along Avery Road and Rings Road in order to construct the Project. The gas
pipeline relocation is necessary due to conflicts with the Project’s proposed storm sewer and water
line.
As part of this Project, Columbia Gas must relocate 838 feet of 4-inch and 6–inch gas pipelines that
are located along Rings Road, west of Avery Road. Of the pipelines to be relocated, 65 percent are
located within existing private easements, wholly owned by Columbia Gas. Columbia Gas will relocate
their gas pipelines into newly acquired right-of-way, permanent utility easements to be granted by
the City on City-owned property or into a new permanent utility easement on private property being
acquired by the City.
The City of Dublin is responsible to reimburse Columbia Gas for relocating their facilities presently
located within private easements and reimburse Columbia Gas for the real estate value of their
existing private utility easements. A portion of the relocated gas pipeline is within existing right-of-
way and is the responsibility of Columbia Gas to relocate.
The City of Dublin is responsible for 65 percent of pipeline relocation costs and 100 percent of the
costs of the land rights being forfeited (private utility easements). The estimated cost to perform this
relocation work is $217,183 ($172,183 for pipeline relocation and $45,000 for land rights forfeited).
Columbia Gas requires advance deposit of these funds prior to performing their work.
Once the relocation is complete, Columbia Gas will verify and review the actual construction cost with
Office of the City Manager
5555 Perimeter Drive • Dublin, OH 43017-1090
Phone: 614.410.4400 • Fax: 614-410-4490 Memo
Resolution 52-23 – Authorizing the City Manager to Enter into a Pipeline Relocation Agreement with Columbia
Gas of Ohio, Inc., 20-019-CIP
June 20, 2023
Page 2 of 2
the City and send final billing to the City. If the actual cost of the relocation is more than the amount
deposited, the City will be billed for the excess. If the actual cost of the relocation is less than the
amount deposited, Columbia Gas will refund the difference to the City.
Columbia Gas will not schedule their relocation work until after the Agreement is authorized and
executed, and the necessary right-of-way and utility easements are acquired. The proposed
Agreement has been reviewed and approved by the City’s legal staff and agreed to by Columbia Gas.
Recommendation
Staff recommends approval of Resolution 52-23, authorizing the City Manager to enter into a Pipeline
Relocation Agreement with Columbia Gas of Ohio, Inc. to advance and complete the necessary utility
relocation for the Project in order to allow the Project to remain on schedule and proceed to
construction.
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Job Order No. ____________
Pipeline Relocation Agreement
This Pipe Relocation Agreement (“Agreement”) is made as of the 26th of April 2023, by
and between Columbia Gas of Ohio, Inc., an Ohio corporation with offices at 3550 Johnny
Appleseed Court, Columbus OH, 43231 (“Columbia”) and the City of Dublin, with offices at
6555 Shier Rings Rd, Dublin, OH 43016 (“Requestor”). Columbia and Requestor are each a
“Party” and collectively referred to as “the Parties.”
RECITALS
A Columbia owns and operates a 4” and 6” inch pipeline, located north of Rings Rd and west
of Avery Rd, in Dublin, Franklin County, OH; and
B Requestor wishes to have a portion of the pipeline and any related pipeline facilities relocated
in order to permit certain construction or other activity in the vicinity of said pipeline, and
Columbia is willing to relocate a portion of the pipeline subject to the conditions set forth
below.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained
herein, and intending to be legally bound, the Parties hereby agree as follows:
1.Requestor requests relocation of Columbia’s pipeline and any related pipeline facilities as
follows: Retirement of 838’ of 4” & 6” coated steel & plastic MP main, replaced with
879’ of 4” & 6” coated steel & plastic MP main. Requestor shall pay sixty-five percent (65%)
of any and all direct and indirect costs associated with the pipeline relocation, as well as one
hundred percent (100%) of the costs of land rights forfeited.
2.Upon execution of this Agreement, Requestor shall deposit the sum of $217,183 (65% of total
installation costs ($172,183 of $264,897), plus 100% of land rights forfeited ($45,000)) (the
“Deposit”) with Columbia, which sum is an estimated cost of relocating Columbia’s pipeline.
Said cost of relocation includes any and all direct and indirect costs including, but not limited
to, cost of right-of-way acquisition, internal costs and overhead, permit fees, materials,
contractor mobilization, and labor. Requestor acknowledges and agrees that the Deposit is
based upon both the information available and circumstances known to Columbia as of the
date of the execution of this Agreement. Requestor further agrees and acknowledges that the
Deposit may be increased, pursuant to this Section 2 and Section 3 below. If Requestor cancels
or postpones its contemplated construction project or other activity, Requestor shall reimburse
Columbia for all costs (direct and indirect) expended or obligated at the time of cancellation
or postponement, including costs which may have to be expended to restore the Requestor’s,
Columbia’s or any third party’s premises to their original condition, all such amounts to be
deducted from the Deposit. Any such costs which exceed the Deposit shall be payable by
Requestor immediately upon notice from Columbia. Notwithstanding any other provision of
this Agreement, if the pipeline relocation is not completed within 12 months of the execution
of this Agreement but to no fault of Columbia, Columbia reserves the right to increase the
Exhibit A
June
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Deposit. Upon notice from Columbia, Requestor shall promptly pay such additional sum to
Columbia. Columbia may retain the Deposit until the completion of the work contemplated
under this Agreement. Unless otherwise required by law or order of any governmental body
having jurisdiction over Columbia, Columbia shall not be required to pay interest, carrying
charges, or any other amounts related to the Deposit. Columbia is not responsible for any
Requestor losses of any kind resulting from events beyond Columbia’s reasonable control,
work delays or cancellation, or delay or refusal by any third party to issue any necessary permit
or approval. The Deposit shall be sent to Columbia, attention of Kaitlin Keene, at 3550
Johnny Appleseed Court, Columbus, OH, 43231.
3. Upon execution of this Agreement by both Parties and the receipt of the Deposit from
Requestor, Columbia agrees to begin plans for said pipeline relocation. Columbia will
physically relocate said pipeline and any related pipeline facilities as mutually agreed only
when all necessary rights-of-way, permits, and approvals have been secured and all material,
labor and other resources are available. Columbia will not commence the relocation project
until such time as such pipeline relocation work will not impair the operation of Columbia’s
gas distribution system or its service to its customers. This Agreement may be suspended, the
Deposit amount may be increased by Columbia, or the terms of this Agreement renegotiated
by Columbia, due to adverse digging or soil conditions (e.g., rock, hazardous materials, etc.),
or delay or denial of any necessary permit or approval.
4. Upon Columbia’s request, Requestor agrees to enter into a Right of Way Agreement with
Columbia, on Columbia’s standard form agreement, in which Requestor shall grant to
Columbia all necessary easements or rights of way on property owned by Requestor at no cost
to Columbia. Requestor shall also cooperate with and compensate Columbia for acquiring any
necessary easements or rights of way on property owned by third parties that are not in a public
street or way. Columbia shall not be obligated to undertake the pipeline relocation and this
Agreement shall be terminated at the sole discretion of Columbia if: (i) Requestor fails to
timely enter into the Right of Way Agreement with Columbia, referenced above; or (ii)
Columbia is not able to obtain necessary third-party easements or rights of way upon terms
and conditions (including cost) agreeable to Columbia. In the event of such termination,
Requestor shall be responsible for all costs expended by Columbia and/or which Columbia is
obligated to expend in connection with the relocation project and the termination of such
project. Any such costs which exceed the Deposit shall be payable by Requestor immediately
upon notice from Columbia.
5. To the extent any portion of the pipeline relocation occurs on Requestor’s property or property
it or an affiliate controls, the Requestor at its own expense, shall (i) respond to reasonable
requests of Columbia, its representatives and any governmental authorities or administrative
agencies to provide all necessary information describing the physical characteristics of the
property, including surveys, site elevations, legal and other required investigations and the like
which it may have now or in the future; (ii) mark and identify for Columbia, the correct
locations of all underground facilities (e.g., septic systems, sprinkler systems, water lines
electric lines, propane tanks and lines, etc.) owned by the Requestor and/or others at or about
the property; (iii) notify Columbia of any condition on or about the property which could affect
the work contemplated hereunder; (iv) cooperate with Columbia to obtain all necessary
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approvals, site plan reviews, permits, required for Columbia to carry out its work and
obligations hereunder; (v) not erect or allow any dwellings, garages, out-buildings, pools,
decks, man-made bodies of water, pavement and other hard surfaces, trees, shrubbery, leach
beds, septic tanks, unapproved utility installations, or any other obstruction of any kind
(“Encroachment”) over or within 5 feet on either side of said pipeline or otherwise reduce or
inhibit Columbia’s access to the pipeline unless agreed to in writing by Columbia; (vi) not
place or permit to be placed any Encroachment within a temporary construction easement 10
feet in width and adjoining the north/west side of the permanent right of way area for the
relocated pipeline until completion of the relocation and all restoration work by Columbia; and
(vii) not to reduce the ground cover over the pipeline unless agreed to in writing by Columbia.
Columbia shall not be obligated to undertake the pipeline relocation and this Agreement shall
be terminated at the discretion of Columbia if Requestor fails to satisfy its obligations as set
forth in this Section 5. In the event of such termination, Requestor shall be responsible for all
costs expended by Columbia and/or which Columbia is obligated to expend in connection with
the relocation project and the termination of such project. Any such costs which exceed the
Deposit shall be payable by Requestor immediately upon notice from Columbia.
6. Upon completion of said pipeline relocation, Columbia shall, within a reasonable time, submit
to Requestor a statement showing the actual cost thereof. If the actual (direct and indirect) cost
of said pipeline relocation is a commercially reasonable and calculable amount more than the
amount of the Deposit, Requestor shall promptly pay the difference between the actual costs
and the Deposit, to Columbia. Requestor will make such reimbursement payment to Columbia
within thirty (30) days of receipt of the invoice. Late payments will bear interest at a rate of
1.0% a month, which equals an annual percentage rate of 12%. If the actual cost is less than
the amount of the Deposit, Columbia shall promptly return to Requestor the difference between
the Deposit and the actual costs.
7. Intentionally deleted.
8. All questions with respect to the interpretation and construction of this Agreement and the
rights and liabilities of the Parties hereunder shall be determined in accordance with the
applicable laws of Ohio without regard to the law of conflicts or any choice of law provisions
that would direct the application of the laws of another jurisdiction. Any legal action or in any
way related to or arising from this Agreement shall be brought and heard only in a court of
competent jurisdiction located in Franklin County, OH. This Agreement contains the entire
agreement between the Parties concerning the relocation work, and no modification of this
Agreement will be binding unless approved in writing by both Parties. Requestor may not
assign this Agreement without prior, express written consent from Columbia. Such consent
may be withheld by Columbia in its sole discretion. If any provision of this Agreement is found
by a court of competent jurisdiction to be invalid such provision shall be deemed modified so
as to be no longer invalid and, all of the remaining provisions of this Agreement shall remain
in full force and effect. The recitals set forth in this Agreement are an integral part hereof and
shall have the same contractual significance as any other language contained in this
Agreement. No provision of this Agreement shall be interpreted more or less favorably towards
either Party because its counsel drafted all or a portion hereof. This Agreement is entered into
solely for the benefit of the Parties and is not intended to confer third-party beneficiary status
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on any other entity or person. Nothing in this Agreement shall be deemed to constitute a joint
venture, partnership, or any similar arrangement between the Parties.
9. Requestor represents and warrants that it has requisite authority to enter into this Agreement
and that its representative signing this Agreement is authorized to bind and obligate the
Requestor to the terms of this Agreement. This Agreement may be executed in one or more
counterparts, each of which when so executed and delivered shall be deemed an original, but
all of which together shall constitute one instrument. Facsimile, electronic and pdf signatures
to this Agreement shall be legally binding and considered in all manner and respects as original
signatures.
10. The terms of this Agreement shall be kept confidential by the Requestor, except to the extent
that any information must be disclosed to a third party to comply with the valid order or
subpoena of any court, legislative or executive body or regulatory agency having valid
jurisdiction.
11. All notices, demands and other communications required or permitted to be given under this
Agreement shall be in writing and shall be effective upon receipt when: personally delivered;
mailed by registered or certified United States mail, postage prepaid, return receipt requested;
or sent by Federal Express or other nationally recognized courier, postage prepaid, to the
parties at the addresses set out in the open paragraph of this Agreement, or at such other address
as a respective party may designate from time to time pursuant to a notice duly given hereunder
to the other party.
12. Unless otherwise terminated earlier in accordance with the terms of this Agreement, this
Agreement shall remain in full force and effect until full and complete payment of all amounts
due under this Agreement have been paid by Requestor. Notwithstanding the foregoing,
Sections 2, 4, 5, and 8-12 shall survive the termination or expiration of this Agreement.
[Remainder of Page Intentionally Blank. Signature Pages to Follow.]
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IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly
authorized representatives as of the date first written above.
REQUESTOR – CITY OF DUBLIN, OHIO
________________________________
Authorized Signature
________________________________
Print Name
________________________________
Title
COLUMBIA GAS OF OHIO, INC.
________________________________
Authorized Signature
________________________________
Print Name
________________________________
Title
[Remainder of Page Intentionally Blank. End of Agreement.]
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