Explanation
1. BACKGROUND: This legislation authorizes the Director of Public Utilities to enter into a construction contract with Nickolas Savko & Sons, Inc., in the amount of $3,733,005.24; to encumber funds with the Transportation Division for inspection, testing, and prevailing wage coordination services in the amount of $601,000.00; to authorize the City Auditor to transfer a total of $3,934,005.24 within the Storm Sewer Bond Fund; and to amend the 2009 Capital Improvements Budget; all in connection with the Southard/Fornoff Area Stormwater System Improvements Project.
This project also includes $400,000.00 for Water Line Improvements and for services by the Transportation Division, as directed by the Project Engineer, which will be paid from the Water Works Enlargement Voted Bonds Fund. This legislation also authorizes the City Auditor to transfer $400,000.00 from the Water System Reserve Fund to the Water Works Enlargement Voted Bonds Fund for this expenditure; and to amend the 2009 Capital Improvements Budget.
2. CONSTRUCTION CONTRACT AWARD: The Director of Public Utilities publicly opened two (2) bids on September 30, 2009. These bids were received from: Nickolas Savko & Sons, Inc., $3,733,005.24 and Complete General Construction Co., $4,828,472.88.
The lowest and best bid was from Nickolas Savko & Sons, Inc, for $3,733,005.24. Additional information regarding each bidder, description of work, contract timeframe, detailed amounts and sub-contractors can be found on the attached Legislation Information Form.
Contract Compliance Information: 31-0907362, expires 03/10/11, Majority
3. FISCAL IMPACT: This legislation includes a transfer of funds within the Storm Sewer Bonds Fund for Stormwater's portion; transfer from the Water System Reserve Fund to the Water Works Enlargement Voted Bonds Fund for Water's portion; and an amendment to the 2009 Capital Improvements budget to allow sufficient cash and authority in the proper account for this project.
This legislation includes a transfer of funds from the Water System Reserve Fund to the Water Works Enlargement Voted Bonds Fund as a temporary measure until such time as the proceeds from a bond sale can be made available. Monies for this contract from the Water System Reserve Fund will be provided from an upcoming Bond Sale via the transfer detailed in this Ordinance.
4. EMERGENCY DESIGNATION: The Department of Public Utilities is requesting City Council to consider this legislation an emergency measure, in order to execute a contract for this project no later than January 1, 2010 and to provide work for available Construction Administration/Inspection personnel in the Transportation Division.
Title
To authorize the Director of Public Utilities to execute a construction contract with Nickolas Savko & Sons, Inc.; to provide for payment of inspection, material testing and related services to the Transportation Division for the Southard/Fornoff Area Stormwater System Improvements Project; for the Divisions of Sewerage and Drainage & Power and Water; to authorize the transfer of $3,934,005.24 within the Storm Sewer Bond Fund; to authorize the expenditure of $3,934,005.24 from the Storm Sewer Bond Fund; to authorize the appropriation and transfer of $400,000.00 from the Water System Reserve Fund to the Water Works Enlargement Voted Bonds Fund; to authorize the expenditure of $400,000.00 from the Water Works Enlargement Voted Bonds Fund; to authorize an amendment to the 2009 Capital Improvements Budget; and to declare an emergency. ($4,334,005.24)
Body
WHEREAS, two (2) bid proposals were received and publicly opened in the offices of the Director of Public Utilities on September 30, 2009 for the construction of the Southard/Fornoff Area Stormwater System Improvements Project; and
WHEREAS, it is necessary to authorize the Director of the Department of Public Utilities to award and execute a construction contract and to encumber and expend funds to provide for payment of inspection, testing and prevailing wage coordination services costs associated with the Southard/Fornoff Area Stormwater System Improvements Project; and
WHEREAS, it is necessary for this Council to authorize the City Auditor to transfer funds within the Storm Sewer Bond Fund; and
WHEREAS, it is necessary to authorize the transfer and appropriation of funds from the Water System Reserve Fund to the Water Works Enlargement Voted Bonds Fund for purposes of providing sufficient funding for this project expenditure; 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, the City will sell notes or bonds to fund this project and will reimburse the Water Reserve Fund the amount transferred; and
WHEREAS, the aggregate principal amount which the City will issue to finance this phase of the project is presently expected not to exceed $400,000.00; and
WHEREAS, it is necessary to authorize an amendment to the 2009 Capital Improvements Budget for purposes of providing sufficient funding and spending authority for the aforementioned project expenditure; and
WHEREAS, this project will mitigate street and yard flooding within the area located north of Loxley Drive, east of High Street, south of Fornoff and west of Parsons Avenue; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Utilities, Divisions of Sewerage and Drainage & Power and Water in that it is immediately necessary to enter into a construction contract with Nickolas Savko & Sons, Inc. for the Southard/Fornoff Area Stormwater System Improvements Project in order to execute a contract for this project no later than January 1, 2010 and to provide work for available Construction Administration/Inspection personnel in the Transportation Division; 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 award and execute a contract for construction of the Southard/Fornoff Area Stormwater System Improvements Project with the lowest and best bidder, Nickolas Savko & Sons, Inc., 4636 Shuster Rd.; Columbus, Ohio 43214; in the amount of $3,733,005.24 in accordance with the terms and conditions of the contract on file in the Office of the Division of Sewerage and Drainage; and to obtain the necessary inspection, testing and prevailing wage coordination services from the Transportation Division; and to pay up to a maximum amount of $601,000.00.
SECTION 2. That the City Auditor is hereby authorized to transfer $3,934,005.24 within the Storm Sewer Bonds Fund, Fund 685, Division of Sewerage and Drainage, Division 60-15, Object. Level 3 - 6621 as follows:
Proj. No. | Proj. Name | OCA | Change
610683-100000 | Orchard/Milton Area Sanitary Sewer | 685683 | -$9,754.50
610702-100000 | Olde Sawmill Areawide Storm System | 685702 | -$21,450.53
610704-100000 | Linden Areawide Storm System | 685704 | -$41,891.41
610706-100000 | Marsdale Avenue SSI | 685706 | -$80,641.12
610712-100000 | Pump Station ST-24 | 685712 | -$614,219.36
610714-100000 | Mock Road SSI | 685714 | -$11,647.03
610715-100000 | Shady Lane Road SSI | 685714 | -$59,947.37
610722-100000 | Iuka Ravine Park SSI | 685722 | -$4,760.40
610735-100000 | Richards Road SSI | 685735 | -$22,448.50
610736-100000 | Glendower/Llewellyn SSI | 685736 | -$67,662.49
610737-100000 | Noe-Bixby Road SSI | 685737 | -$38,497.50
610740-100000 | Olive/Westgate SSI | 685740 | -$5,368.84
610741-100000 | Wicklow Road SSI | 685741 | -$7,050.85
610744-100000 | Parkside Road SSI | 685744 | -$66,514.38
610747-100000 | Southgate/Landers SSI | 685747 | -$18,249.85
610748-100000 | Oakland Park Avenue SSI | 685748 | -$70,091.76
610750-100000 | Clintonville Area SSI | 685750 | -$164,859.07
610751-100000 | Olentangy & E. 5th Avenue | 685751 | -$76.72
610755-100000 | Neighborhood Phase 9 (Parklane Ave) | 685755 | -$151,558.65
610775-100000 | Evergreen & Dewberry SSI | 685775 | -$3,400.00
610787-100000 | Westside SSI Phase I | 685787 | -$7,779.75
610790-100000 | Manchester/Hiawatha/Cooke | 685790 | -$16,371.96
610815-100000 | Rundell Ditch | 685815 | -$41,258.40
610824-100000 | Dry Run Flood Routing | 685824 | -$295,791.05
610833-100000 | Willow Spring Subdivision | 685833 | -$18,707.63
610840-100000 | Parklawn/Piedmont | 685840 | -$138,391.61
610850-100000 | Maize Road Area | 685850 | -$154,014.97
610860-100000 | Valleyview Heights SSI | 685860 | -$459.50
610863-100000 | Leland Avenue Ditch SSI | 685863 | -$187,036.98
610872-100000 | Napoleon/Broad SSI | 685872 | -$53,243.50
610874-100000 | Cassady Avenue | 685874 | -$11,304.09
610931-100000 | Olde Orchard Area | 685931 | -$43,324.29
610940-100000 | Wilson Road Drainage | 685940 | -$2,500.00
610941-100000 | Jasonway Avenue Drainage | 685941 | -$551,969.65
610943-100000 | Hilliard Rome Road | 685943 | -$3,124.20
610944-100000 | Olentangy River Road | 685944 | -$99,837.94
610946-100000 | Trentwood/Shadyhill SSI | 685946 | -$145,366.67
610963-100000 | Hague Avenue Drainage | 685963 | -$53,504.12
610974-100000 | Woodland & Fifth Avenue | 685974 | -$633,792.02
610988-100000 | Francisco Road | 685988 | -$3,587.69
610996-100000 | Briarmeadow Drive Culvert Repl. | 685966 | -$12,548.89
610746-100000 | Southard/Fornoff Area SSI | 685746 | +$3,934,005.24
SECTION 3. That from the unappropriated monies in the Water System Reserve 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, the sum of $400,000.00, is hereby appropriated to the Division of Power and Water, Division 60-09, Object level One 10, Object level Three 5502, OCA 695056.
SECTION 4. That the City Auditor is hereby authorized and directed to transfer $400,000.00 from the Water System Reserve Fund to the Water Works Enlargement Voted Bonds Fund, Fund No. 606, into the appropriate project account as specified within Section 5 herein, at such time as deemed necessary by him, and to expend said funds, or so much thereof as may be necessary.
SECTION 5. That the appropriation and expenditure of $400,000.00 is hereby authorized for the Southard/Fornoff Area Water Line Improvements Project within the Water Works Enlargement Voted Bonds Fund, Fund No. 606, Division 60-09, Project No. 690236-100031, Object Level Three 6629, OCA Code 642900.
SECTION 6. That for the purpose of paying the cost of the construction contract, the cost of inspection, testing and prevailing wage coordination services, the following expenditure, or as much thereof as may be needed is hereby authorized as follows: Division 60-15, Storm Sewer Bond Fund No. 685, Project 610746-100000, Object Level Three 6621, OCA Code 685746, Amount $3,934,005.24.
SECTION 7. 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 4 above, and said funds are hereby deemed appropriated for such purpose.
SECTION 8. 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 $400,000.00 (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 9. That the said construction company shall conduct the work to the satisfaction of the Director of Public Utilities and the Administrators of the Division of Sewerage and Drainage & Power and Water.
SECTION 10. 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 11. That the City Auditor is authorized to establish proper project accounting numbers as appropriate.
SECTION 12. 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 13. That the 2009 Capital Improvements Budget is hereby amended as follows, to provide sufficient budget authority for the execution of the construction contract stated in Section 1 herein.
Proj. No. | Proj. Name | Current Authority | Revised Authority | Change
610683-100000 | Orchard/Milton Area Sanitary Sewer | $9,755 | $0 | -$9,755
610706-100000 | Marsdale Avenue SSI | $80,641 | $0 | -$80,641
610714-100000 | Mock Road SSI | $11,648 | $0 | -$11,648
610715-100000 | Shady Lane Road SSI | $59,948 | $0 | -$59,948
610736-100000 | Glendower/Llewellyn SSI | $67,663 | $0 | -$67,663
610740-100000 | Olive/Westgate SSI | $5,369 | $0 | -$5,369
610741-100000 | Wicklow Road SSI | $7,051 $0 | -$7,051
610744-100000 | Parkside Road SSI | $66,515 | $0 | -$66,515
610747-100000 | Southgate/Landers SSI | $18,250 | $0 | -$18,250
610748-100000 | Oakland Park Avenue SSI | $15,315 | $0 | -$15,315
610750-100000 | Clintonville Area SSI | $164,860 | $0 | -$164,860
610787-100000 | Westside SSI Phase I | $7,780 | $0 | -$7,780
610815-100000 | Rundell Ditch | $41,259 | $0 | -$41,259
610833-100000 | Willow Spring Subdivision | $18,708 | $0 | -$18,708
610840-100000 | Parklawn/Piedmont | $5,303 | $0 | -$5,303
610850-100000 | Maize Road Area | $120,527 | $0 | -$120,527
610863-100000 | Leland Avenue Ditch SSI | $185,468 | $0 | -$185,468
610872-100000 | Napoleon/Broad SSI | $53,244 | $0 | -$53,244
610874-100000 | Cassady Avenue | $11,305 | $0 | -$11,305
610940-100000 | Wilson Road Drainage | $2,500 | $0 | -$2,500
610943-100000 | Hilliard Rome Road | $3,125 | $0 | -$3,125
610944-100000 | Olentangy River Road | $99,838 | $0 | -$99,838
610946-100000 | Trentwood/Shadyhill SSI | $145,367 | $0 | -$145,367
610963-100000 | Hague Avenue Drainage | $53,505 | $0 | -$53,505
610988-100000 | Francisco Road | $3,588 | $0 | -$3,588
610996-100000 | Briarmeadow Drive Culvert Repl. | $12,549 | $0 | -$12,549
610746-100000 | Southard/Fornoff Area SSI | $0 | $3,934,006 | +$3,934,006
690449-100000 | Dublin Rd. 36" W.M. | $8,000,000 | $7,416,835 | -$583,165 ($95,318 from correction on Ord# 0982-2009, $87,847 from correction on Ord# 1123-2009, and $400,000 to 690236-100031)
690236-100031 | Southard/Fornoff Area W.L. Imp's | $0 |$400,000 | +$400,000
SECTION 14. That for 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.