Explanation
1. BACKGROUND:
A. Need. This legislation authorizes the Director of Public Utilities to modify the construction contract with C.J. Mahan Construction Company for construction of the Southerly Wastewater Treatment Plant, New Headworks, Raw Sewage Pump Building, Construction Contract S65, EL004202, Division of Sewerage and Drainage Capital Improvements Project No. 650652, to reflect a change in company name and Federal Identification number, due to the reorganization of the company. This Ordinance authorizes the assignment of past, present, and future business done on this contract by the City of Columbus with C. J. Mahan Construction Company, a Corporation, to C. J. Mahan Construction Company, LLC, a Limited Liability Company.
B. Contract Compliance No.: 721576467(MAJ) (formerly 310924535).
C. Emergency Designation: The Division of Sewerage and Drainage hereby requests City Council to concur in the declaration of this ordinance as an emergency measure, in order to assure that these important construction services continue without interruption and to allow continued payment of contract invoices in a timely manner.
2. FISCAL IMPACT: None.
A. Amount of additional funds. No additional funds are necessary; this is a no-cost change.
B. Reason the need for modification was not foreseen. The current contractor reorganized; no change in character of services is expected.
C. Reason other procurement processes were not used. This change involves no change in services.
D. How costs were determined. Terms and conditions remain in accordance with the original contract.
3. PROJECT LOCATION: This project involves only the Southerly Wastewater Treatment Plant.
Title
To authorize the Director of Public Utilities to modify the contract with C. J. Mahan Construction Company for the Southerly Wastewater Treatment Plant, New Headworks, Raw Sewage Pump Building project, for the Division of Sewerage and Drainage, in order to implement a novation agreement and to acknowledge the reorganization of this contractor under a new name and Federal Identification number; and to declare an emergency ($0.00).
Body
WHEREAS, Ordinance No. 0271-2004, passed by Columbus City Council on March 29, 2004, authorized the Director of Public Utilities to enter into contract with C. J. Mahan Construction Company, a corporation, for the construction of the Southerly Wastewater Treatment Plant, New Headworks, Raw Sewage Pump Building project, Construction Contract S65, subsequently certified by the City Auditor as EL004002 in the City's financial and accounting records; and
WHEREAS, Ordinance No. 2299-2006, passed by Columbus City Council on February 5, 2007,authorized the Director of Public Utilities to modify Construction Contract S65 with C. J. Mahan Construction Company, a corporation, pursuant to authorizing monies to correct for unanticipated site flooding: and
WHEREAS, C. J. Mahan Construction Company has notified the City that they have recently reorganized their business and changed the form of the business, from C. J. Mahan Construction Company, an Ohio corporation, to C. J. Mahan Construction Company LLC, a limited liability company, and that all contracts, assets, liabilities, etc. of the previous company have been transferred to the new company; and
WHEREAS, an emergency exists in the usual daily operation of the Division of Sewerage and Drainage, Department of Public Utilities, in that it is immediately necessary to authorize the Director of Public Utilities to modify the contract and extant contract modification for construction of the Southerly Wastewater Treatment Plant, New Headworks, Raw Sewage Pump Building, Construction Contract S65 project, for the preservation of the public health, peace, property, and safety; 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 modify contract EL004202 with C.J. Mahan Construction Company, a corporation, 3400 Southwest Boulevard, Grove City OH 43123, for construction of the Southerly Wastewater Treatment Plant, New Headworks, Raw Sewage Pump Building, Construction Contract S65, in order to provide for a novation agreement whereby the City acknowledges the reorganization of the contract holder as C. J. Mahan Construction Company, LLC, a limited liability company, and assigns the contract and any modifications thereto to the reorganized company, in accordance with the terms and conditions of the modification on file in the offices of the Division of Sewerage and Drainage.
Section 2. That the City Auditor be, and hereby is, authorized to change the City's accounting records, instruments, accounting codes, vendor identifications, etc., as may be necessary to consummate the changes in name and organization of the vendor who was named in Ordinances No. 0217-2004 (EL004202) and 2299-2006 (EL006799).
Section 3. 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 which 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.