Explanation
This legislation authorizes the Director of Public Utilities to enter into a capital improvements agreement with Dominion Homes, Inc., for the construction of the Big Run Subtrunk, Big Run South Road Area Part 3 and Part 4 Project.
Dominion Homes, hereinafter referred to as the developer, has plans of constructing a single family, residential development to be known as Big Run Ridge that will be located along Big Run South Road from I-270 to the vicinity of Demorest Road, on land that they own or control. The City has intentions of installing sanitary sewer service to an eventual tributary service area of approximately 2,212 acres, of which the subject development is a part, however, the design and construction schedules projected by the City were not fast enough for the proposed construction schedule of the developer's plans. In order to avoid delaying the subject development and to avoid having the City disturb new and expensive land improvements, thereby incurring much higher construction costs, the developer has agreed to incorporate minor design changes and the construction of the subject capital improvements project into its development plans. The developer has further agreed to provide the construction plans and specifications; permanent and temporary easements for Part 4; and the remaining unacquired easements for Part 3; at no further cost to the City. In exchange for this, the City shall agree to reimburse the developer for documented construction and related costs that are associated with the subject capital improvements project, up to a maximum of $3,712,342.10.
B. Bid Information: In accordance with Section 186 of the Columbus City Charter, this contract shall contain a guaranteed maximum cost and stipulate that the city shall pay within such maximum the cost of labor and materials to be paid to the developer. As a condition of the agreement the developer is required to comply with the competitive bidding procedures of Section 329 of the Columbus City Codes, "Procurement of Goods and Services:, and with the Prevailing Wage Requirements of Chapter 4115 of the Ohio Revised Code.
2. FISCAL IMPACT
A. Budgeted Amount: The Division is requesting Council to amend the 2002 Capital Improvements Budget in order to provide the required budget authority for this expenditure. The transfer from the Sewer System Reserve Fund to the 1991 Voted Sanitary Bond Fund is a temporary measure until such time as long term funding can be acquired. Due to the expedited schedule of the proposed development, and the project review requirements of the Ohio EPA, this project expenditure will not be submitted to the Ohio Water Development Authority for financial assistance consideration.
Title
To authorize the Director of Public Utilities to enter into a guaranteed maximum cost agreement in accordance with Section 186 of the City Charter, with Dominion Homes, Inc., for the construction of the Big Run Subtrunk, Big Run South Road Area Part 3 and Part 4 Project; to authorize the transfer, appropriation and expenditure of $3,712,342.10 from the Sanitary Sewer Reserve Fund to the 1991 Voted Sanitary Bond Fund; to amend the 2002 Capital Improvements Budget; for the Division of Sewerage and Drainage; and to declare an emergency. ($3,712,342.10)
Body
WHEREAS, Dominion Homes, Inc., hereinafter called the developer, and the Division of Sewerage and Drainage, Department of Public Utilities, hereinafter referred to as the City are desirous of entering into a capital improvement project reimbursement agreement for the construction of the Big Run Subtrunk, Big Run South Road Area Part 3 and Part 4 Project; and
WHEREAS, the developer is the owner of or has the right to control approximately 70 acres of land located Big Run South Road from Deer Path Lane to Demorest Rd, located in the southwest planning area of Columbus, and intends to construct a new single family residential development to be known as Big Run Ridge; and
WHEREAS, the Division of Sewerage and Drainage engineering staff have determined that it is in the City's best interest to enter into the subject agreement with Dominion Homes, Inc., for purposes of constructing the Big Run Subtrunk, Big Run South Road Area Part 3 and Part 4 Project; and
WHEREAS, the Developer shall provide all professional engineering services and grant all necessary utility easements to the City, at no cost, across lands and improvements controlled by the Developer, in exchange for accelerating the construction schedule for the aforesaid capital improvements project; 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 to execute the subject agreement which will allow the Division to avoid considerable expense in the design and procurement of easements for the extension of the Big Run Subtrunk, Big Run South Road Area Part 3 and Part 4 Project, and in return the developer shall be authorized to immediately commence the construction of this vital sanitary infrastructure in a growing community within the City of Columbus, for the preservation of the public health, peace, property, safety, and welfare, now therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That from the unappropriated monies in the Sewerage System Reserve Fund No. 654, 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, 2003, the sum of $3,712,342.10 is hereby appropriated to the Division of Sewerage and Drainage, Division 60-05, Object Level One 10; Object Level Three 5502, OCA Code 901553.
Section 2. That the City Auditor is hereby authorized and directed to transfer $3,712,342.10, to the 1991 Voted Sanitary Bond Fund No. 664, into the appropriate project account as specified within Section 3 herein, at such time as deemed necessary by him, and to expend said funds, or so much thereof as may be necessary.
Section 3. That the expenditure of $3,712,342.10 is hereby appropriated for Big Run Subtrunk, Big Run South Road Area Part 3 and Part 4 Project within the 1991 Voted Sanitary Bond Fund No. 664; Division 60-05; Object Level Three No. 6630; Project No. 650489; OCA Code 651489.
Section 4. That upon obtaining other funds for the purpose of funding the aforementioned sanitary sewer system capital improvement work, the City Auditor is hereby authorized to repay the Sewerage System Reserve Fund the amount transferred under Section 2., above, and said funds are hereby deemed appropriated for such purpose.
Section 5. That the City Auditor is authorized to make any accounting changes to revise the funding source for any contract associated with the expenditure of the funds transferred under Section 2., above.
Section 6. That the Director of Public Utilities be, and hereby is, authorized to enter into a contract, in accordance with the provisions of Columbus City Charter Section 186, to reimburse Dominion Homes, Inc., 5501 Frantz Road, Dublin, Ohio 43017, for the costs associated with the construction of the Big Run Subtrunk, Big Run South Road Area Part 3 and Part 4 Project, as shown on the detailed engineering Construction Drawing Nos. 12955/13259 on file with the Division of Sewerage and Drainage.
Section 7. That said capital improvements project reimbursement agreement shall stipulate that Dominion Homes, Inc., agrees to comply with the competitive bidding procedures of Section 329 of the Columbus City Codes, "Procurement of Goods and Services", and with the Prevailing Wage Requirements of Chapter 4115 of the Ohio Revised Code.
Section 8. That the expenditure of $3,712,342.10, or as much thereof as may be needed, be and the same hereby is authorized from the 1991 Voted Sanitary Bond No. 664; Division 60-05; Project No. 650489; Big Run Subtrunk, Big Run South Road Area Part 3 and 4 Project; OCA Code 651489.
Section 9. That the 2002 Capital Improvements Budget Ordinance No. 1674-02 is hereby amended as follows, in order to provide sufficient budget authority for the execution of a capital improvements project reimbursement agreement as referenced in the preamble hereto:
CURRENT:
650489-Big Run Subtrunk-Big Run South Road-$66,000.00
AMENDED TO:
650489-Big Run Subtrunk-Big Run South Road-$3,778,342.00
Section 10. 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.