Explanation
1. BACKGROUND
The City of Columbus, Department of Public Service, Division of Design and Construction, and the Department of Public Utilities Division of Sewerage and Drainage and Division of Power and Water, are engaged in the Lockbourne Road Improvement project. This legislation authorizes the City of Columbus to enter into a contract in an amount up to $4,660,867.50 for the Lockbourne Road Improvement project; to pay construction inspection costs up to $498,198.82 and to pay interest expense of $13,177.45 for the Lockbourne Road Sanitary Sewer Assessment Project notes sold.
To declare the necessity to approve the plans, specifications, and to declare the necessity to construct a sanitary sewer improvement known as the Lockbourne Road Sewer Assessment Project via Resolution 0039X-2008 was passed on March 6, 2008.
Public Notice PN0309-2008 was passed by City Council on December 23, 2008, and was published in the City Bulletin notifying the Public of the creation of a Board of Revision.
Ordinance 0027-2009 passed February 9, 2009 authorized the City to proceed with the construction of the sanitary sewer improvement project, known as Lockbourne Road Sanitary Sewer Assessment Project.
Ordinance 0484-2009 passed April 2009 authorized the issuance and sale of special assessment notes in the amount of $286,000.00 and includes interest at 2.91% ($13,177.45) for the Lockbourne Road Sanitary Sewer Assessment Project.
The project will widen Lockbourne Road from two to three lanes, and install sidewalks, curbs, storm sewerage, water lines, and lighting. The project limits are Lockbourne Road from Groveport Road to S.R. 104; Koebel Road from Lockbourne Road to Fairwood Avenue; and approximately 1000 feet on Evergreen Road east of Lockbourne Road. The project will also construct a sanitary sewer system. At the present time there is no sanitary system in the immediate area, and the project will address Health Department and EPA mandates. There are no existing sidewalks. The project will add these, as well as a bicycle path in the widened roadway section.
As part of this project, 2.16 miles of 5 foot wide sidewalk will be constructed on the east and west sides of Lockbourne Road, and also on the north and south sides of Koebel Road; 47 ADA ramps will be added or reconstructed. There are 3 bus stops and transit routes within the limits of this project. The project complies with the recommendation of the Pedestrian Thoroughfare Plan (PTP) because it complies with the recommended 5 foot sidewalk width for a roadway with these characteristics. The installation of curb provides additional protection for pedestrians. Lockbourne 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. There are no existing curbs or sidewalks, so new curbs will provide improved vertical separation from automobile traffic. Pedestrian generators and destinations impacting the proposed project include Marion-Franklin High School, Beery Middle School, Marion-Franklin Recreation Center, the Temple of Compassion Church, and the Southfield Congregation of Jehovah's Witnesses.
Green materials or processes associated with this project include stormwater Best Management Practices (BMPs) approved by the Ohio Environmental Protection Agency for storm water runoff and erosion control measures.
This project has been awarded a grant in an amount up to $1,498,000.00 and 20 year - 0% interest loan in an amount up to $502,000.00 by the Ohio Public Works Commission.
The estimated Notice to Proceed date is December 29, 2009. This project has been given 519 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. 6 bids were received on October 29, 2009 (6 majority, 0 minority) and tabulated on October 30, 2009 as follows:
Company Name Bid Amt City/State Majority/MBE/FBE
Complete General Construction $4,660,867.50 Columbus, OH Majority
Shelly and Sands $4,792,539.75 Columbus, OH Majority
Nickolas Savko & Sons $4,858,427.38 Columbus, OH Majority
Kenmore Construction $5,235,184.25 Akron, OH Majority
George Igel & Co. $5,289,667.95 Columbus, OH Majority
Kokosing Construction $5,343,468.31 Columbus, OH Majority
Award is to be made to Complete General Construction, Inc., as the lowest, best, most responsive and most responsible bidder.
2. CONTRACT COMPLIANCE
Complete General Construction's contract compliance number is 314366382 and expires 1/30/10.
3. EMERGENCY DESIGNATION
Emergency action is requested to allow this project to proceed on schedule and alleviate localized roadway and flooding issues.
4. FISCAL IMPACT
There are several sources of funding for this project which has an estimated construction cost of $5,172,243.77. The Division of Design and Construction has been awarded a grant in an amount up to $1,498,000.00 and a 20 year - 0% interest loan in an amount of up to $502,000.00 by the Ohio Public Works Commission which will reimburse right of way and construction costs for this project. This project will utilize special assessment provisions of the City of Columbus Codes. Portions of the funding for this project are being provided by a note from the City of Columbus's Treasury Investment Board. Upon completion of the project, property owners will be notified of their final assessment for the improvements.
The Division of Sewerage and Drainage estimated share of the project is $1,716,253.39 ($969,269.86 Stormwater and $746,983.53 Sanitary). Included in the Sanitary Lockbourne Road Sanitary Sewer Assessment project are proceeds from a note sale in the amount of $286,000.00 deposited directly into the Sanitary Assessment Fund 662, Subfund 583.
The Division of Power and Water's estimated share of this project is $95,200.00 and will be funded via transfer of funds within the Water Works Enlargement Voted Bonds Fund. An amendment to the 2009 Capital Improvements Budget is also necessary.
The Division of Design and Construction estimated share of this project is $3,360,790.38 less OPWC loan and grant funds expected to be reimbursed through the OPWC grant in the amount of $1,612,654.97 leaving $1,748,135.42. These funds are available within the individual funding sources of each Division and will be transferred to the Lockbourne Road grant in the State Issue II Street Projects Fund and the Lockbourne Sanitary Sewer Assessment Project in the Sanitary Sewer Assessment Fund. The entire amount of the project, $5,172,243.77, will be appropriated and expended from the grant and the Sanitary Sewer Assessment Fund. This ordinance also declares the official intent of the City to accept a 20-year, 0% interest loan in the amount of $502,000.00 from the Ohio Public Works Commission.
Title
To authorize the Director of Public Service to enter into a contract with Complete General Construction Company for construction of the Lockbourne Road improvement project for the Division of Design and Construction; to authorize the expenditure of $5,172,243.77 from the State Issue Two Street Projects Fund and the Sanitary Sewer Assessment Fund for the contract, inspection and interest expenses associated with assessment notes; to authorize an amendment to the 2009 Capital Improvements Budget; and to declare an emergency. ($5,172,243.77)
Body
WHEREAS, bids were received on October 29, 2009, and tabulated on October 30, 2009, for the Lockbourne Road Improvement project and a satisfactory bid has been received; and
WHEREAS, it is necessary to provide for construction inspection costs and interest expense costs for assessment notes sold; 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 up to $1,498,000.00 and also has been offered the opportunity to borrow a total of $502,000.00 for its Lockbourne Road project 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 Works Enlargement Voted Bonds Fund to the State Issue Two Street Projects Fund; and
WHEREAS, it is necessary to authorize an amendment to the 2009 Capital Improvements Budget for purposes of providing sufficient funding and expenditure authority for the aforementioned project expenditure; 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 December 29, 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 Complete General Construction Company, 1221 East Fifth Avenue, Columbus, OH, 43219 for the construction of the Lockbourne Road improvement project in the amount of $4,660,867.50, 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 $498,198.82, and to encumber funds to pay for interest expenses associated with assessment notes sold for the Sanitary Sewer Lockbourne Road Sanitary Sewer Assessment project in the amount of $13,177.45.
Section 2. That the City Auditor is hereby authorized to transfer $95,200.00 within the Division of Power and Water, Dept/Div. No. 60-09, Water Works Enlargement Voted Bonds Fund, Fund No. 606, Object Level One 06, Object Level Three 6629, as follows:
Project No. | Project Name | OCA Code | change
690451-100000 (carryover) | W. Broad St. W.M. | 690451 | -$95,200.00
690236-100000 (carryover) | Water Main Rehab. | 642900 | +$95,200.00
Section 3. That the City Auditor is hereby authorized to transfer $969,269.86 within the Division of Sewerage and Drainage, Dept/Div. No. 60-15, Storm B.A.B.s Fund, Fund No. 676, Object Level One 06, Object Level Three 6621, as follows:
Project No. | Project Name | OCA Code | change
610855-100000 | Storm Sewer Contingency | 676855 | -$969,269.86
610937-100000 | Lockbourne Road Drainage | 676937 | +$969,269.86
Section 4. That the Transfer of monies within the following funds be authorized as follows:
Power and Water Division, Dept-Div 60-09:
Sewerage and Drainage Division - Sanitary, Dept-Div 60-05:
Sewerage and Drainage Division - Storm, Dept-Div 60-15:
Transfer from:
Fund / Project / Project Name / O.L. 01/03 Codes / OCA / Amount
606 / 690236-100000 (carryover) / Water Main Rehab. / 06 / 6629 / 642900 / $95,200.00
668 / 650620-100000 / Lockbourne Road Sanitary Sewer Assessment Project / 06 / 6630 / 668620 / $460,983.53
676 / 610937-100000 / Lockbourne Road Drainage / 06 / 6621 / 676937 / $969,269.86
Transfer to:
Fund / Project / Project Name / O.L. 01/03 Codes / OCA / Amount
606 / 690236-100000 / Water Main Rehab. / 10 / 5501 / 642900 / $95,200.00
668 / 650620-100000 / Lockbourne Road Sanitary Sewer Assessment Project / 10 / 5501 / 668620 / $460,983.53
676 / 610937-100000 / Lockbourne Road Drainage / 10 / 5501 / 676937 / $969,269.86
Section 5. That 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 6. That the Transfer of appropriation within the following fund be authorized as follows:
Division of Design and Construction, Dept-Div 59-12:
Transfer appropriation from:
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / Amount
746 / 530103-100017 / Arterial Street Rehabilitation - Lockbourne Road / 06-6600 / 531317 / $1,748,135.42 (59-12 Division of Design and Construction)
Division of Design and Construction, Dept-Div 59-12:
Transfer appropriation to:
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / Amount
746 / 530103-100017 / Arterial Street Rehabilitation - Lockbourne Road / 10-5501 / 531317 / $1,748,135.42 (59-12 Division of Design and Construction)
Section 7. 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
746 / 530103-100017 / Arterial Street Rehabilitation - Lockbourne Road / 10-5501 / 531317 / $1,748,135.42 (59-12 Division of Design and Construction)
606 / 690236-100000 / Water Main Rehab. / 10-5501 / 642900 / $95,200.00 (60-09 Division of Power & Water - Water)
668 / 650620-100000 / Lockbourne Road Sanitary Sewer Assessment Project / 10-5501 / 668620 / $460,983.53 (60-05) Division of Sewerage and Drainage - Sanitary)
676 / 610937-100000 /Lockbourne Road Drainage / 10-5501 / 676937 / $969,269.86 (60-15 Division of Sewerage and Drainage - Storm)
Transfer to:
Fund / Grant / Grant Name / O.L. 01-03 Codes / OCA / Amount
764 / 598079 / Lockbourne Road / 80/0886 / 598179 / $1,748,135.42 (59-12 Division of Design and Construction)
764 / 598079 / Lockbourne Road / 80/0886 / 600979 / $95,200.00 (60-09 Division of Power & Water - Water)
764 / 598079 / Lockbourne Road / 80/0886 / 601579 / $969,269.86 (60-15 Division of Sewerage and Drainage - Storm)
Fund / Assessment Subfund / Project Name / O.L. 01-03 Codes / OCA / Amount
662 / 583 / Lockbourne Road Sanitary Sewer Assessment Project/ 03/0086 / 662583 / $460,983.53 (60-05) Division of Sewerage and Drainage - Sanitary)
Section 8. That the sum of $5,172,243.77 be and hereby is appropriated from the unappropriated balance of Fund 764, the State Issue Two Street Projects Fund and Fund 662, Sanitary Sewer Assessment Fund, and from all monies estimated to come into said funds from any and all sources and unappropriated for any other purpose during the fiscal year ending December 31, 2009 to the Lockbourne Road Grant, number 598079 and to the Sanitary Sewer Assessment Fund for the Lockbourne Road Area Sanitary Sewer Assessment Project as follows:
Division of Design and Construction, Dept-Div 59-12:
Fund / Grant / Grant Name / O.L. 01-03 Codes / OCA / Amount
764 / 598079-100000 / Lockbourne Road / 06-6600 / 598179 / $3,360,790.38
Division of Power and Water (Water), Dept-Div 60-09:
Fund / Grant / Grant Name / O.L. 01-03 Codes / OCA / Amount
764 / 598079-100000 / Lockbourne Road / 06-6600 / 600979 / $95,200.00
Division of Sewerage and Drainage (Storm), Dept-Div 60-15:
Fund / Grant / Grant Name / O.L. 01-03 Codes / OCA / Amount
764 / 598079 / Lockbourne Road / 06-6600 / 601579 / $969,269.86
Division of Sewerage and Drainage (Sanitary), Dept-Div 60-05:
Fund / Assessment Subfund / Project Name / O.L. 01-03 Codes / OCA / Amount
662 / 583 / Lockbourne Road Sanitary Sewer Assessment Project/ 06-6600 / 662583 / $746,983.53
Section 9. That the funds appropriated in Section 10 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 10. That the 2009 Capital Improvements Budget is hereby amended as follows:
Fund No. | Project No. | Project Name | Current Authority | Revised Authority | change
606 | 690451-100000 (carryover) | W. Broad St. W.M. | $102,017 | $6,817 | -$95,200
606 | 690236-100000 (carryover) | Water Main Rehab. | $904,738 | $999,938 | +$95,200
676 | 610855-100000 | Storm Sewer Contingency | $1,138,806 | $169,536 | -$969,270
676 | 610937-100000 | Lockbourne Road Drainage | $0 | $969,270 | +$969,270
Section 11. That for the purpose of paying the cost of the contract, inspection, and interest expense of $13,177.45 for the Lockbourne Road Sanitary Sewer Assessment Project notes sold, the sum of $5,172,243.77 or so much thereof as may be needed, is hereby authorized to be expended from the State Issue Two Street Projects Fund, No. 764 and the Sanitary Sewer Assessment Fund , No. 662 as follows:
Division of Design and Construction, Dept-Div 59-12:
Fund / Grant / Grant Name / O.L. 01-03 Codes / OCA / Amount
764 / 598079-100000 / Lockbourne Road / 06-6631 / 598179 / $3,055,263.98
764 / 598079-100000 / Lockbourne Road / 06-6687 / 598179 / $305,526.40
Division of Power and Water (Water), Dept-Div 60-09:
Fund / Grant / Grant Name / O.L. 01-03 Codes / OCA / Amount
764 / 598079-100000 / Lockbourne Road/ 06-6629 / 600979 / $85,000.00
764 / 598079-100000 / Lockbourne Road / 06-6687 / 600979 / $10,200.00
Division of Sewerage and Drainage (Stormwater), Dept-Div 60-15:
Fund / Grant / Grant Name / O.L. 01-03 Codes / OCA / Amount
764 / 598079 / Lockbourne Road / 06-6621 / 601579 / $865,419.52
764 / 598079 / Lockbourne Road / 06-6687 / 601579 / $103,850.34
Division of Sewerage and Drainage (Sanitary), Dept-Div 60-05:
Fund / Assessment Subfund / Project Name / O.L. 01-03 Codes / OCA / Amount
662 / 583 / Lockbourne Road Sanitary Sewer Assessment Project / 06-6630 / 662583 / $668,361.45
662 / 583 / Lockbourne Road Sanitary Sewer Assessment Project / 06-6687 / 662583 / $78,622.08
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 Lockbourne Road project in Appendix A of the project agreement 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 $502,000.00.
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 Searches in the Excluded Party List System (Federal) and the Findings for Recovery list (State) produced no findings against Complete General Construction Company.
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.