Explanation
1. BACKGROUND
This legislation authorizes the City of Columbus to enter into a contract in an amount up to $4,237,055.83 for the Henderson Road Improvement project and to pay construction inspection costs up to $338,964.47.
This improvement will rehabilitate the pavement at full depth between North High Street and the Olentangy River bridge, replace existing curbs and sidewalks, resurface the bridge deck, replace the existing bridge bikepath/walkway with a wider path, install new storm sewers, water lines and lighting, and install a new traffic signal at the intersections of Henderson Road and Olentangy River Road and Henderson Road at High Street. Work on this project will begin on the south side of the street then will move to the north side.
As part of this project 1.1 miles of 5 foot wide sidewalk will be added or reconstructed on the North and South sides of the road and 41 ADA ramps will be added or reconstructed. There are 5 bus stops and transit routes within the limits of this project. This project complies with the recommendation of the Pedestrian Thoroughfare Plan(PTP), because while the planned 5 foot sidewalks do not meet the 7 foot recommended width of the PTP, the PTP recommendations can be difficult to meet when retrofitting to existing conditions and a narrow right-of-way. Henderson Road in this area has a transit dependency which indicates that the pedestrian demand is low and that a 5 foot sidewalk should be adequate. Higher curbs than those existing will provide improved vertical separation from automobile traffic. Pedestrian generators and destinations impacting the proposed project include Whetstone High School, the Olentangy River banks and the Maple Grove Methodist Church.
Environmental "Green" materials or processes associated with this project include Best Management Practices approved by the OEPA for storm water runoff, erosion control measures, retention of existing trees and shrubs, and the planting of new trees.
This project has been awarded a grant in the amount of $711,550.00 and 20 year - 0% interest loan in the amount of $239,000.00 by the Ohio Public Works Commission.
The estimated Notice to Proceed date is April 14, 2009. This project has been given 200 days to complete construction from the notice to proceed date. The project was let by the Office of Support Services and was advertised in the City Bulletin, Dodge Reports, and by the Builders Exchange. 2 bids were received on March 12, 2009 (2 majority, 0 minority) and tabulated on March 13, 2009 as follows:
Company Name Bid Amt City/State Majority/MBE/FBE
Nickolas Savko & Sons $4,237,055.83 Columbus, OH Majority
Complete General Construction $4,354,537.81 Hilliard, OH Majority
Award is to be made to Nickolas Savko & Sons, Inc., as the lowest, best, most responsive and most responsible bidder.
2. CONTRACT COMPLIANCE
Nickolas Savko & Sons' contract compliance number is 310907362 and expires 4/16/09.
3. EMERGENCY DESIGNATION
Emergency action is requested to allow immediate expenditure of the necessary funds so that construction may begin on or around April 14, 2009.
4. FISCAL IMPACT
There are several sources of funding for this project which has a construction cost of $4,576,020.31. The Division of Design and Construction has been awarded a grant in the amount of $711,550.00 and a 20 year - 0% interest loan in the amount of $239,000.00 by Ohio Public Works Commission that it will share with Franklin County. The Division of Sewerage and Drainage share of this project is $89,070.22. The Division of Power and Water (Water) Share of this project is $543,224.70. The Department of Recreation and Parks share of this project is $264,115.50. The Department of Recreation and Parks will provide partial funding now in the amount of $175,000.00. The Division of Design and Construction will provide the remainder of the Department of Recreation Parks share in the amount of $89,115.50 and be reimbursed at the end of the project. Franklin County's share of this project is $598,998.06 less their share of the OPWC grant and loan in the amount of $134,312.72, leaving $464,685.34. This amount will be provided by the Division of Design and Construction and reimbursed by Franklin County at a later date. The Division of Design and Construction share of this project is $3,080,611.83 less their share of the OPWC loan and grant in the amount of $816,237.29 leaving $2,264,374.54. They will also provide the funding for the Department of Recreation and Parks in the amount of $89,115.50 and Franklin County in the amount of $464,685.34 and be reimbursed at a later date for these amounts. These funds are available within the individual funding sources of each Division and Department and will be transferred to the Henderson Road grant in the State Issue II Street Projects Fund. The entire amount of the project, $4,576,020.31, will be appropriated within that grant and be expended from the grant. This ordinance also declares the official intent of the City to accept a 20-year, 0% interest loan in the amount of $239,000.00 from the Ohio Public Works Commission.
Title
To authorize the Director of Public Service to enter into a contract with Nickolas Savko & Sons, Inc. for construction of the Henderson Road project for the Division of Design and Construction; to authorize the expenditure of $4,576,020.31 from the State Issue Two Street Projects Fund; and to declare an emergency. ($4,576,020.31)
Body
WHEREAS, bids were received on March 12, 2009, and tabulated on March 12, 2009, for the Henderson Road Improvement project and a satisfactory bid has been received; and
WHEREAS, it is necessary to provide for construction inspection costs; and
WHEREAS, it is necessary to authorize the appropriation and transfer of funds for the project to proceed; and
WHEREAS, the Department of Public Service, Division of Design and Construction has been awarded a grant in the amount of $711,550.00 and also has been offered the opportunity to borrow a total of $239,000.00 for its Henderson Road project from North High Street to the Olentangy River Road by means of a 20 year, 0% interest loan; and
WHEREAS, it has been determined that it is in the best interests of the City to borrow said funds, and
WHEREAS, it is necessary to declare the official intent to borrow these funds to comply with the Internal Revenue Service, and
WHEREAS, it is necessary for this Council to authorize the City Auditor to transfer funds from the Water System Reserve Fund to State Issue Two Street Projects Fund; and
WHEREAS, it is necessary for this Council to authorize the City Auditor to transfer funds from the Storm Sewer Reserve Fund to the State Issue Two Street Projects Fund; and
WHEREAS, the City anticipates incurring certain Original Expenditures (as defined in Section 1.150-2(c) of the Treasury Regulations (the "Treasury Regulations") promulgated pursuant to the Internal Revenue Code of 1986, as amended) with respect to the construction of the Project described in this Ordinance (collectively, the "Project"); and
WHEREAS, an emergency exists in the usual daily operation of the Division of Design and Construction in that the contract should be awarded immediately so that the work can begin on April 14, 2009 without delay, thereby preserving the public health, peace, property, safety and welfare; now, therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the Director of Public Service be and is hereby authorized to enter into a contract with Nickolas Savko & Sons, Inc., for the construction of the Henderson Road project in the amount of $4,237,055.84, for the Division of Design and Construction in accordance with the specifications and plans on file in the office of the Director of Public Service, which are hereby approved; and to obtain and pay for the necessary inspection costs associated with this project up to a maximum of $338,964.47.
Section 2. That the Appropriation and Transfer of monies within the following funds be authorized as follows:
Division of Design and Construction, Dept-Div 59-12:
Appropriate:
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / Amount
704 / 530208 / Federal/State Match / 10-5501 / 590047 / $2,818,175.39
Department of Parks and Recreation Department, Dept-Div 51-01:
Transfer from:
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / Amount
702 / 510229 / Bikeway Improvements / 06-6600 / 644526 / $175,000.00
Transfer to:
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / Amount
702 / 510229 / Bikeway Improvements / 10-5501 / 644526 / $175,000.00
Section 3. That from the unappropriated monies in the Water system Reserve Fund No. 603, and from all monies estimated to come into said fund from any and all sources, and unappropriated for any other purpose during the fiscal year ending December 31, 2009, the sum of $543,224.70 is hereby appropriated to the Division of Power and Water: Division 60-09 | OCA Code 695056 | Object Level One 10 | Object Level Three 5502.
Section 4. That upon obtaining other funds for the purpose of funding water system capital improvement work, the City Auditor is hereby authorized to repay the Water System Reserve Fund the amount transferred under Section 3 above, and said funds are hereby deemed appropriated for such purposes.
Section 5. That from the unappropriated monies in the Storm Sewer Reserve Fund No. 690, and from all monies estimated to come into said fund from any and all sources, and unappropriated for any other purpose during the fiscal year ending December 31, 2009, the sum of $89,070.22 is hereby appropriated to the Division of Sewerage and Drainage: Division 60-15| OCA Code 690001 | Object Level One 10 | Object Level Three 5502.
Section 6. That upon obtaining other funds for the purpose of funding storm sewer system capital improvement work, the City Auditor is hereby authorized to repay the Storm Sewer System Reserve Fund the amount transferred under Section 5 above, and said funds are hereby deemed appropriated for such purposes.
Section 7. That the said firm shall perform the work to the satisfaction of the Director of Public Utilities and the Administrators of the Division of Sewerage and Drainage and Power and Water.
Section 8. That the Transfer of monies between the following funds be authorized as follows:
Transfer from:
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / Amount
704 / 530208 / Federal/State Match / 10-5501 / 590047 / $2,818,175.39 (59-12 Division of Design and Construction)
702 / 510229 / Bikeway Improvements / 10-5501 / 644526 / $175,000.00 (51-01 Department of Recreation and Parks)
603 / (no project) / (no project name) / 10-5502 / 695056 / $543,224.70 (60-09 Division of Power & Water)
690 / (no project) / (no project name) / 10-5502 / 690001 / $89,070.22 (60-15 Division of Sewerage and Drainage)
Transfer to:
Fund / Grant / Grant Name / O.L. 01-03 Codes / OCA / Amount
764 / 598014 / Henderson Road / 80/0886 / 598014 / $2,818,175.39 (59-12 Division of Design and Construction)
764 / 598014 / Henderson Road / 80/0886 / 519014 / $175,000.00 (51-01 Department of Recreation and Parks)
764 / 598014 / Henderson Road / 80/0886 / 608014 / $543,224.70 (60-09 Division of Power & Water)
764 / 598014 / Henderson Road / 80/0886 / 615014 / $89,070.22 (60-15 Division of Sewerage and Drainage)
Section 9. That the sum of $4,576,020.31 be and hereby is appropriated from the unappropriated balance of Fund 764, the State Issue Two Street Projects Fund, and from all monies estimated to come into said fund from any and all sources and unappropriated for any other purpose during the fiscal year ending December 31, 2009 to the Henderson Road Grant, number 598014 as follows:
Division of Design and Construction, Dept-Div 59-12:
Fund / Grant / Grant Name / O.L. 01-03 Codes / OCA / Amount
764 / 598014 / Henderson Road / 06-6631 / 598014 / $2,818,049.95
764 / 598014 / Henderson Road / 06-6621 / 598014 / $688,113.56
764 / 598014 / Henderson Road / 06-6687 / 598014 / $262,561.88
Division of Power and Water, Dept-Div 60-09:
Fund / Grant / Grant Name / O.L. 01-03 Codes / OCA / Amount
764 / 598014 / Henderson Road / 06-6629 / 608014 / $496,922.15
764 / 598014 / Henderson Road / 06-6687 / 608014 / $46,302.55
Division of Sewerage and Drainage, Dept-Div 60-15:
Fund / Grant / Grant Name / O.L. 01-03 Codes / OCA / Amount
764 / 598014 / Henderson Road / 06-6621 / 615014 / $81,477.42
764 / 598014 / Henderson Road / 06-6687 / 615014 / $7,592.80
Department Parks and Recreation Department, Dept-Div 51-01:
Fund / Grant / Grant Name / O.L. 01-03 Codes / OCA / Amount
764 / 598014 / Henderson Road / 06-6621 / 519014 / $152,492.76
764 / 598014 / Henderson Road / 06-6687 / 519014 / $22,507.24
Section 10. That the funds appropriated in Section 9 shall be paid upon the order of the Director of Public Service and that no order shall be drawn or money paid except by voucher, the form of which shall be approved by the City Auditor.
Section 11 That for the purpose of paying the cost of the contract and inspection, the sum of $4,576,020.31 or so much thereof as may be needed, is hereby authorized to be expended from the State Issue Two Street Projects Fund, No. 764, as follows:
Division of Design and Construction, Dept-Div 59-12:
Fund / Grant / Grant Name / O.L. 01-03 Codes / OCA / Amount
764 / 598014 / Henderson Road / 06-6631 / 598014 / $2,818,049.95
764 / 598014 / Henderson Road / 06-6621 / 598014 / $688,113.56
764 / 598014 / Henderson Road / 06-6687 / 598014 / $262,561.88
Division of Power and Water, Dept-Div 60-09:
Fund / Grant / Grant Name / O.L. 01-03 Codes / OCA / Amount
764 / 598014 / Henderson Road / 06-6629 / 608014 / $496,922.15
764 / 598014 / Henderson Road / 06-6687 / 608014 / $46,302.55
Division of Sewerage and Drainage, Dept-Div 60-15:
Fund / Grant / Grant Name / O.L. 01-03 Codes / OCA / Amount
764 / 598014 / Henderson Road / 06-6621 / 615014 / $81,477.42
764 / 598014 / Henderson Road / 06-6687 / 615014 / $7,592.80
Department Parks and Recreation Department, Dept-Div 51-01:
Fund / Grant / Grant Name / O.L. 01-03 Codes / OCA / Amount
764 / 598014 / Henderson Road / 06/6621 / 519014 / $152,492.76
764 / 598014 / Henderson Road / 06/6687 / 519014 / $22,507.24
Section 12. That on behalf of the State of Ohio, the City of Columbus reasonably expects to reimburse fund 764, the State Issue Two Street Projects Fund, for the Henderson Road project from North High Street to the Olentangy River Road in Appendix A of the project agreements with the proceeds of bonds to be issued by the State of Ohio.
Section 13. The maximum aggregate principal amount of bonds, other than for costs of issuance, expected to be issued by the State of Ohio for reimbursement to the local subdivision is $239,000.00.
Section 14. That the City Clerk of the City of Columbus is hereby directed to make a copy of this ordinance available for the inspection and examination of all persons interested therein and to deliver a copy of this ordinance to the Ohio Public Works Commission.
Section 15. That the City of Columbus finds and determines that all formal actions of this City concerning and relating to the passage of this ordinance were taken in an open meeting of the City of Columbus and that all deliberations of this City and any of its committees that resulted in those formal actions were in meetings open to the public, in compliance with all legal requirements.
Section 16. That the City Auditor is authorized to make any accounting changes to revise the funding source for all contracts or contract modifications associated with this ordinance.
Section 17. That the City Auditor is hereby authorized and directed to transfer any unencumbered balance in the project account to the unallocated balance within the same fund upon receipt of certification by the Director of the Department administering said project that the project has been completed and the monies no longer required for said project; except that no transfer shall be made from a project account by monies from more than one source.
Section 18. That the City Auditor is authorized to establish proper project accounting numbers as appropriate.
Section 19. That the City intends that this Ordinance constitute an "official intent" for purposes of Section 1.150-2(e) of the Treasury Regulations, and that the City reasonably expects to reimburse itself for certain Original Expenditures incurred with respect to the Project from the proceeds of obligations to be issued by the City in a principal amount currently estimated to be $543,224.70 (the "Obligations").
The City intends to make a reimbursement allocation on its books for the Original Expenditures not later than eighteen months following the later to occur of the date of the Original Expenditure to be reimbursed or the date the Project for which such Original Expenditures were made is "placed in service" within the meaning of Treasury Regulations Section 1.150-2(c). Upon the issuance of the Obligations, the proceeds of such Obligations shall be used to reimburse the Water System Reserve Fund 603, which is the fund from which the advance for costs of the Project will be made.
Section 20. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or ten days after passage if the Mayor neither approves nor vetoes the same.