006-94 Ordinance
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. .. RECORD OF ORDINANCES
Dayton Legal Blank Co, Form No, 3C043
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. 06-94 Passed mm19n I
Ordmance No. nnn mn__n_
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A
WATERLINE CONSTRUCTION AGREEMENT FOR A PORTION OF TIlE RINGS
ROAD WATERLINE WITH M-H DEVELOPMENT ASSOCIATES, AND DECLARING
AN EMERGENCY.
,.- WHEREAS, the City is currently constructing a new water tower
to maintain and enhance water service to the southern portion of the City
of Dublin; and
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WHEREAS, this water tower will require the construction and
extension of new and existing waterline facilities; and
WHEREAS, the City has committed to construct a 20 inch
waterline known as the Rings Road waterline in conjunction with the
construction of the aforementioned water tower; and
WHEREAS, M-H Development Associates has an immediate need to
utilize the Rings Road waterline in order to serve its Trinity Park
subdivision which would be under construction in the immediate future; and
WHEREAS, M-H Development Associates has agreed to undertake
construction of a portion of the Rings Road waterline on an expedited
schedule; and
WHEREAS, this portion of the Rings Road waterline is necessary
to enhance and maintain water services to the southern portion of the City
of Dublin generally as well as the Trinity Park subdivision.
NOW THEREFORE BE IT ORDAINED by Council for the City of
Dublin, ~ members concurring that:
Section 1. The City Manager is hereby authorized to execute
a contract with M-H Development Associates for the construction of
approximately 1,000 feet of a 20 inch waterline which will be located
,... parallel to Wilcox Road and will proceed west to a point east of the
Trinity Park subdivision, pursuant to the agreement attached hereto as
< Exhibit A.
- Section 2. The form of said reimbursement agreement may be
subject to minor modification subject to approval by the Law Director.
Section 3. This Ordinance is hereby declared to be an
emergency for the preservation of the public health, safety and welfare
for the reasons set forth above in both the whereas clauses and the body
of this Ordinance.
Passed this J 7-th day
Officer
Attest:
LhVhA..., (2 ~~
Clerk of Council
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RINGS ROAD WATERLINE AGREEMENT
This Agreement made and entered into this _ day of
, 1994 by and among the City of DUblin, an Ohio municipal
corporation (hereinafter referred to as "Dublin"), and M-H
Development Associates, an Ohio , (hereinafter referred
to as "Developer").
WITNESSETH:
WHEREAS, the Developer owns and intends to develop a
certain tract of land totalling approximately acres, situated
in the City of Dublin, Franklin County, Ohio, collectively known as
the Trinity Park subdivision located generally in the northeast
quadrant of Rings and wilcox roads; and
WHEREAS, Dublin is in the process of constructing a water
tower to serve the southern area of the City of Dublin which will
require the construction and extension of the new and existing
waterlines in order to preserve and enhance domestic and fire
~' safety water supply and pressure within this area; and
WHEREAS, Dublin has caused engineering plans to be
prepared for the construction of a 20 inch waterline known as the
Rings Road waterline which will include the portion of the
waterline along the south side of Rings Road extending from an
existing waterline running parallel to wilcox Road, westerly to a
point just east to the entrance of the Brighton Park subdivision
(hereinafter referred to as the "New Waterline Facility"); and
MHB/KAA/BJG/90809
35505.01 1
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WHEREAS, the Developer is willing to initiate
construction of the New Waterline Facility in the immediate future
and is able to complete said project in a much more timely manner
than would Dublin; and
WHEREAS, if Dublin will agree as hereinafter provided to
reimburse Developer for its costs incurred in the construction of
this portion of the New Waterline Facility, the Developer is
willing, at its cost, to construct the aforementioned waterline
which will be connected to and become part of the water
distribution system of the City of Dublin in order to provide water
service to the Trinity Park subdivision and other areas located
within the southern quadrant of the City of Dublin.
NOW, THEREFORE, a consideration of the foregoing and the
agreements herein set forth, Dublin and the Developer agree as
follows:
1. Developer shall arrange, contract for, and cause to
be done such construction work as shall be necessary in order to
construct the portion of a 20 inch New Waterline Facility on the
south side of Rings Road extending from an existing waterline
running parallel to wilcox Road, westerly to a point just east of
the entrance to the Brighton Park subdivision.
2. Developer or its agents shall construct this project
pursuant to plans prepared on behalf of the City of Dublin by
, for construction of New Waterline Facility,
which plans are entitled " " dated
,
, which have been approved by the Dublin City
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Engineer. As of the date hereof, Developer has solicited bids from
four responsible contractors for construction work to be done by
the Developer in accordance with the provisions of this paragraph
and has awarded or will shortly award contracts for construction
work to the lowest and best bidder as determined by the developer
with Dublin's approval.
3. Developer will utilize its best efforts to initiate
construction of the New Waterline Facility within ____ days of the
date of execution of this Agreement by Dublin and the Developer,
and shall there after cause such construction to be diligently
prosecuted to completion in accordance with said plans.
4. The Developer shall be entitled to reimbursement of
its actual construction costs (as defined in paragraph 5 herein) in
three approximately equal draws, established by dividing the total
estimated construction costs by three. At such time as Developer's
cost reach these 1/3 increments as documented by the Developer to
the city, the City Engineer shall have 15 days to review and
approve or reject such documentation, progress reports and related
documents. Upon approval by the City Engineer, Dublin shall
promptly process payment of that portion of the construction costs.
Additionally, reimbursement as to the third and final draw shall be
made within 15 days of the certification and acceptance of the New
Waterline Facility by the Dublin City Engineer. Pursuant thereto,
the City Engineer shall first certify that the New Waterline
Facility has been constructed in accordance with the plans,
specifications and cost estimates. This certification shall also
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constitute the acceptance thereof by DUblin, vesting title to the
New Waterline Facility to Dublin and the same shall thereupon
become part of Dublin's water facilities. After acceptance of the
New Waterline Facility by Dublin, Developer shall have no liability
or responsibility whatsoever in connection therewith, except the
Developer shall cause repair to be made to the same which may be
necessitated by defects in the original construction which appear
within a period of one (1) year following the date of such
acceptance. Developer's obligation to make repairs shall be
secured by a performance bond furnished by a surety acceptable to
Dublin, said bond or letter of credit to be in an amount equal to
ten percent (10%) of the total cost of construction of the New
Waterline Facility.
5. In consideration of the foregoing, Dublin shall
reimburse the Developer for the direct cost of construction of the
New Waterline Facility, which direct cost, (hereinafter referred to
as "construction costs" ) shall include without limitation
construction costs, change orders approved in advance by Dublin,
on-sight supervision, permits, and inspection fees assessed by
Dublin, the cost of performance bonds, letter of credit, management
fees, and shall exclude the cost of materials for construction
damaged or destroyed for which the Developer receives reimbursement
from an insurer for such damages or destruction and items which
would normally be considered the Developer's general overhead
expense in accordance with a generally accepted accounting
principles. Unless specifically agreed in writing by the parties,
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the maximum amount of such reimbursement shall not exceed the sum
of $ .
6. Dublin hereby grants the Developer and such agents
and contractors as Developer may engage in the construction of the
New Waterline Facilities, the right to enter upon the right-of-way
and easements controlled by the city of Dublin, so long as said
entry is for the purpose of constructing the New Waterline Facility
and so long as construction is done in accordance with any special
terms or provisions of easements previously obtained by Dublin. At
any time during the period of construction of the New Waterline
Facility, Dublin may, during normal business hours and through its
duly authorized agents, attorneys or accountants, examine the books
and records of the Developer pertaining to the cost incurred by the
Developer in causing the New Waterline Facility to be constructed.
7. Developer shall cause its agents, the contractors
and subcontractors engaged in the New Waterline Facility
construction to comply with Ohio Worker's Compensation Law and
shall indemnify and hold harmless Dublin from any and all claims,
demands, actions or liabilities arising out of personal injury,
death or property damage resulting from the construction work
performed or caused to be performed by the Developer pursuant to
this Agreement.
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IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by their duly authorized officials or
agents as of the day and year first written herein.
CITY OF DUBLIN, an Ohio municipal
corporation
By:
Timothy C. Hansley,
Dublin city Manager
M-H DEVELOPMENT ASSOCIATES, an Ohio
By:
APPROVED AS TO FORM:
City Law Director
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