Explanation
1. BACKGROUND: This legislation authorizes the Director of Public Utilities to execute an agreement between the City of Columbus and the City of Dublin, Ohio in connection with resolving change orders in connection with the construction of Part 3 of the Upper Scioto West Interceptor Sewer Project. This agreement also sets for the mutual release of all claims between the parties.
2. FISCAL IMPACT: The funding for the resolution of the change orders contained within this agreement has been completed as part of the individual loan agreements between the Ohio Water Development Authority and the cities of Columbus and Dublin. Once this agreement has been executed the OWDA will adjust the loan balances to reflect the approved change orders.
Title
To authorize the Director of Public Utilities to execute a change order agreement and mutual release of claims with the City of Dublin, Ohio in connection with the construction of Part 3 of the Upper Scioto West Interceptor Sewer, for the Division of Sewerage and Drainage. ($0.00)
Body
WHEREAS, in 1993, the City of Columbus and the City of Dublin, Ohio 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 Upper Scioto West Interceptor Sewer (the West Branch of the sewer); and
WHEREAS, this Agreement limited the City of Columbus's 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 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, Columbs and Dublin entered into the the Upper Scioto West Sanitary Interceptor Sewer (USWIS) Construction and Maintenance Agreement; and
WHEREAS, the USWIS Agreement reiterates Columbus' $3 million cap and also states the parties will neogtiate the amount of Dublin's contribution to disputed change orders after the project is completed; and
WHEREAS, the original construction schedule as described int he 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 order that were a result of the delay in the construction completion; and
WHEREAS, in order to complete the settlement of the outstanding change orders and mutual release of claims it is necessary for the Council to authorize the Director of Public Utilities to execute the subject agreement, for the Division of Sewerage and Drainage, at the earliest practicable date allowed by law; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the Director of Public Utilities, be and hereby is authorized to execute the Upper Scioto West Interceptor Sewer Change Order Agreement and Mutual Release of Claims between the City of Columbus, and the City of Dublin, Ohio.
Section 2. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.