22-04 Resolution
RECORD OF RESOLUTIONS
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Resolution No. Passed .20 -
AUTHORIZING THE CITY MANAGER TO ENTER INTO
A COST SHARING AGREEMENT WITH THE CITY OF
COLUMBUS FOR CHANGE ORDERS ISSUED IN THE
CONSTRUCTION OF THE WEST BRANCH OF THE
UPPER SCIOTO WEST INTERCEPTOR SEWER.
WHEREAS, the City of Dublin ("Dubl in") and the City of Columbus
("Columbus") entered into several agreements regarding the construction of the
Upper Scioto West Interceptor Sewer ("USWI S"); and
WHEREAS, Change Orders 10, 11 and 12 were issued with regard to Part 3 of the
USWIS (also known as the West Branch of the Sewer); and
WHEREAS, Columbus has proposed a cost sharing plan for these change orders;
and
WHEREAS, the proposal is a fair and reasonable compromise for sharing the
change orders costs,
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin,
Ohio, 7 of the elected members concurring that:
Section 1, The City Manager is authorized to negotiate and execute the attached
agreement for the sharing of costs of Change Orders 10, 11 and 12 related to the
construction of Part 3 of the USWIS;
Section 2, This Resolution shall take effect and be in force from and after the
earliest date provided by law,
Passed this:3 r k day of ~ ,2004,
~
ATTEST:
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Clerk of Council
I hereby certify that copies of this
Ordinance/Resolution were posted in the
City of Dublin in accordance with Section
731.25 of the Ohio Revised Code.
City Manager
5200 Emerald Parkway · Dublin, OH 43017
Phone: 614-410-4400 · Fax: 614-410-4490 Memo
CITY OF DUBLIN
To: Members of Dublin City Council
From: Jane S. Brautigam, City ManagU~5 .~
Date: April 27, 2004
Initiated By: Marsha I. Grigsby, Deputy City Manager/Director of Finance ":,,~
Re: Resolution No. 22-04, Authorizing the City Manager to Execute a Cost Sharing Agreement
with the City of Columbus Relating to the Upper Scioto West Branch Interceptor (USWBI)
SUMMARY:
As City Council is aware, staff has been working with the City of Columbus with regard to a cost sharing plan
for three (3) change orders that were processed during the construction of the USWBI. The change orders were
primarily for delay changes that we incurred as a result of Columbus' delay in finishing its part of the USWBI.
The delay in Columbus' construction of the sewer was due to unanticipated soil conditions, which caused
numerous problems with the tunneling activities.
An agreement has been reached that will result in Columbus paying one-half of the portions of the change orders
that were a result of the delay in Columbus' construction completion, Representatives from Columbus have
stated that they believe the contracts that have been executed between Columbus and Dublin related to this project
would support them denying any liability on their part for the delay changes, In recognition of Dublin's historical
role as a good partner and the desire to finalize this longstanding project, Columbus has agreed to pay one-half of
the delay charges.
Columbus and Dublin will evenly split the costs of change orders IO and II and Columbus will pay the
landscaping costs included in change order 11. As a result, Dublin's Ohio Water Development Authority loan
will be reduced by $642,389. This loan reduction will also result in additional savings of $306,844 in interest
costs over the remaining 14 years of our loan.
Columbus has recently passed legislation authorizing the execution of the cost sharing agreement. A copy of the
Upper Scioto West Interceptor Sewer Change Order Agreement and Mutual Release of Claims document is
attached.
RECOMMENDA TION:
Staff is recommending that Resolution No. 22-04 be adopted at the May 3 City Council meeting.
T:\2004\034-RES-22-04 MEMO,doc
UPPER SCIOTO WEST INTERCEPTOR SEWER CHANGE ORDER AGREEMENT
AND MUTUAL RELEASE OF CLAIMS
This Agreement, made and entered into this _ day of , 2004, by and
between the City of Columbus, Ohio ("Columbus") and the City of Dublin, Ohio ("Dublin"), for
the division of costs related to Change Orders 10, 11 and 12 issued in conjunction with the
construction of Part 3 of the Upper Scioto West Interceptor Sewer ("USWIS"),
WHEREAS, in 1993, Columbus and Dublin entered into a Sewer Service Agreement that
set forth the responsibilities of Columbus and Dublin with regard to sewer construction,
including that portion of the sewer known as Part 3 of the USWIS (the West Branch of the
sewer); and
WHEREAS, this Agreement limits Columbus' contribution on the construction of the
West Branch to $3 million; and
WHEREAS, the Agreement further provides that if Columbus is unable to complete its
portion of the sewer on the construction schedule set forth in Section 3 of the Agreement, then
the parties agree to modify the $3 million limitation as appropriate; and
WHEREAS, the Agreement also states that "no increase in the amount of the Columbus
contribution shall be required for any delay resulting from causes beyond the control of the City
of Columbus;" and
WHEREAS, in 1995, Columbus and Dublin entered into the Upper Scioto West Sanitary
Interceptor Sewer Construction and Maintenance Agreement; and
WHEREAS, the USWIS Agreement reiterates Columbus' $3 million cap and also states
the parties will negotiate the amount of Dublin's contribution to disputed change orders after the
project is completed; and
WHEREAS, the original construction schedule as described in the 1993 Sewer Service
Agreement was not met; and
WHEREAS, pursuant to the Agreement, Columbus and Dublin have negotiated the
amount each will contribute to the change order costs; and
WHEREAS, Columbus has offered to pay one-half of the portions of the change orders
that were a result of the delay in the construction completion;
NOW, THEREFORE, in consideration of the foregoing, of the mutual promises herein,
and for other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Parties mutually agree as follows:
1. Columbus and Dublin will evenly split the costs of Change Orders 10 and 12, Each Party
will pay $249,097,50 for Change Order 10 and $367,976.00 for Change Order 12, as
delineated in Exhibit A (Cost Sharing Proposal),
:H0399228I }
2. Columbus will pay $25,315.50 for the landscaping in Change Order 11 and Dublin will
pay the remaining $277,797,50, as delineated in Exhibit A.
3. FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of
which is hereby acknowledged, Columbus and Dublin, from and after the date of
execution of this Agreement and Release, hereby mutually release and forever discharge
each other and their elected officials, officers, directors, employees, agents, affiliates,
successors and assigns, from all claims, liabilities, obligations, debts, controversies,
demands, damages and causes of action in law or in equity known or unknown which
they may have on the date of execution hereof against one another regarding the USWIS,
Part 3, Change Orders 10, 11 and 12, except for the rights and obligations created by this
Agreement.
4. All notices, reports, or other documents pursuant to this Agreement shall be sent to the
Parties by facsimile and regular mail at the following addresses:
City of Dublin: Jane Brautigam, City Manager
5200 Emerald Parkway
Dublin, Ohio 43017
Fax: (614) 410-4490
City of Columbus: Cheryl Roberto
Director of Public Utilities
910 Dublin Road
Columbus, Ohio 43215
Fax: (614) 645-6141
5, This Agreement contains the entire Agreement of the parties unless otherwise stated and
supersedes all prior Agreements, This Agreement shall be binding upon the parties
hereto and their respective heirs, legal representatives successors, and assigns,
6, If any provisions ofthis Agreement or any application thereof shall be invalid or
unenforceable, the remainder of this Agreement and any other application of such
provision shall not be affected,
7, No failure by either party to insist upon the strict performance by the other of any term or
condition of this Agreement or to exercise any right to remedy contingent upon a breach
thereof shall constitute a waiver of any such breach or of such term or condition of this
Agreement and the term or condition shall continue in full force and effect with respect to
any then existing or subsequent breach.
8, This Agreement shall be interpreted according to the laws of the State of Ohio, regardless
of its place of execution, Any actions, suits or claims that may arise pursuant to this
Agreement shall be brought in a court of competent jurisdiction in the State of Ohio
: H0399228, 1 i
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by
their duly authorized representatives on the date hereinbefore indicated,
THE CITY OF DUBLIN
By: Date
Jane Brautigam
City Manager
Approved as to Form:
By:
Stephen J, Smith, City Attorney
THE CITY OF COLUMBUS
By: Date
Cheryl Roberto
Public Utilities Director
Approved as to Form:
By:
City Attorney
{H0399228,1 }
EXHIBIT A
Upper Scioto West Interceptor Sewer
Part 3
City of Dublin RFPs
Cost Sharing Proposal
Shaft 11 Shaft 12
Change Total Landscaping Landscaping Columbus' Dublin's
RFP Order Amount Amount Amount Portion Portion
28 10 $498,195,00 - - $249,097,50 $249,097.50
29 11 $303,113.00 $18,317,00 $13,997,00 $25,315,50 $277,797.50
30 12 $735,952.00 - - $367,976.00 $367,976,00
Totals $642,389.00 $894,871,00
Remarks: Columbus and Dublin evenly split RFPs 28 and 30,
For RFP 29, Columbus pays all of Shaft 11 Landscaping Amount and evenly splits Shaft 12
Landscaping Amount with Dublin, The remainder of RFP amount is Dublin's responsibility,
RFPs Shared Portions
WKG
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