Explanation
1. BACKGROUND: This legislation authorizes the Director of Public Utilities to enter into a construction contract with Storts Excavation, Inc., in the amount of $554,187.00; to encumber funds with the Transportation Division for inspection, testing and prevailing wage coordination services in the amount of $85,000.00; to authorize the City Auditor to transfer a total of $639,187.00 from the Storm Sewer System Reserve Fund to the Storm Sewer Bond Fund; and to amend the 2005 Capital Improvements Budget; all in connection with the Parkside Road Stormwater System Improvements Project.
2. CONSTRUCTION CONTRACT AWARD: The Director of Public Utilities publicly opened seven bids on August 31, 2005. These bids were received from Storts Excavation, Inc., $554,187.00; Double Z Construction Co., $671,967.00; Complete General Construction Co., $677,561.40; Nickolas Savko & Sons Inc., $869,980.56; Trucco Construction Co. Inc., $883,207.20; McDaniels Construction Corp. Inc., $895,533.47 and George J. Igel & Sons, $902,988.60. The lowest and best bid was from Storts Excavation, Inc. Additional information regarding each bidder, description of work, contract timeframe and detailed amounts can be found on the attached Legislation Information Form.
3. EMERGENCY DESIGNATION: The Division of Sewerage and Drainage is requesting City Council to designate this ordinance an emergency measure in order to allow for the immediate commencement of this urgently needed stormwater infrastructure improvements at the beginning of next years construction season.
4. FISCAL IMPACT: This legislation includes a transfer of funds from the Storm Sewer System Reserve Fund to the Bond Fund as a temporary measure until such time as the proceeds from a bond sale can be made available. In addition, this legislation includes an amendment to the 2005 Capital Improvements budget to allow sufficient authority for this project.
Title
To authorize the Director of Public Utilities to execute a construction contract with Storts Excavation, Inc.; to provide for payment of inspection, material testing and related services to the Transportation Division for the Parkside Road Stormwater System Improvements Project; to authorize the transfer, appropriation, and expenditure of $639,187.00 from the Storm Sewer System Reserve Fund to the Storm Sewer Bond Fund; to authorize an amendment to the 2005 Capital Improvements Budget; to authorize the expenditure of $639,187.00 within the Storm Sewer Bond Fund; for the Division of Sewerage and Drainage; and to declare an emergency. ($639,187.00)
Body
WHEREAS, seven bid proposals were received and publicly opened in the offices of the Director of Public Utilities on August 31 2005 for the construction of the Parkside Road 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 Parkside Road Stormwater System Improvements Project; and
WHEREAS, it is necessary for this Council to authorize the City Auditor to transfer funds from the Storm Sewer System Reserve Fund to the Storm Sewer Bond Fund; and
WHEREAS, it is necessary to authorize an amendment to the 2005 Capital Improvements Budget for purposes of providing sufficient funding and spending authority for the aforementioned project expenditure; and
WHEREAS, significant flooding and other stormwater problems have been identified through customer complaints for the area covered by this project; and
WHEREAS, an emergency exists in the usual daily operations of the Division of Sewerage and Drainage, Department of Public Utilities, and Department of Development, in that it is immediately necessary to authorize the Director of Public Utilities to enter into a contract for construction services for the Parkside Road Stormwater System Improvements Project to mitigate the significant flooding and other stormwater problems; in an emergency manner in order to allow for the immediate commencement of this urgently needed stormwater infrastructure improvements; for the immediate 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 from the unappropriated monies in the Storm Sewer 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, 2005, the Sum of $639,187.00, is hereby appropriated to the Division of Sewerage and Drainage, Division 60-15, Object Level 10, Object Level Three 5502, OCA Code 690001.
SECTION 2. That the City Auditor is hereby authorized and directed to transfer $639,187.00, from the Storm Sewer System Reserve Fund to the Storm Sewer Bond Fund No. 685, 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 $639,187.00 is hereby appropriated for the Parkside Road Stormwater System Improvements Project within the Storm Sewer Bond Fund No. 685, Division 60-15, Object Level Three No. 6621, Project No. 610744, OCA Code 685744.
SECTION 4. That upon obtaining other funds for the purpose of funding the aforementioned stormwater system improvements project work, the City Auditor is hereby authorized to repay the Storm Sewer 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 associate the expenditure of the funds transferred under Sections 2, above.
SECTION 6. That the City intends that this ordinance constitute an official intent for purposes of Section 1.150-2(e) of the Treasury Regulations promulgated pursuant to the Internal Revenue Code of 1986, as amended.
SECTION 7. 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 8. That the City Auditor is authorized to establish proper project accounting numbers as appropriate.
SECTION 9. That the Director of Public Utilities be, and hereby is, authorized to award and execute a contract for construction of the Parkside Road Stormwater System Improvements Project with the lowest and best bidder, Storts Excavation, Inc., 1167 McCarley Drive West; Columbus, Ohio 43228; in the amount of $554,187.00 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 $85,000.00.
SECTION 10. That the said construction company shall conduct the work to the satisfaction of the Director of Public Utilities and the Administrator of the Division of Sewerage and Drainage and Director of Development.
SECTION 11. 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 610744, Object Level Three 6621, OCA Code 685744, Amount $639,187.00.
SECTION 12. That the 2005 Capital Improvements Budget Ordinance No. 1070-2005 is hereby amended as follows, to provide sufficient budget authority for the execution of the engineering agreement stated in Section 5 herein.
CURRENT:
610744: Parkside Road Stormwater System Improvements - $0.00
610945: Cleveland Avenue-Morse Road Drainage - $700,000.00
AMENDED TO:
610744: Parkside Road Stormwater System Improvements; $639,187.00 (+ $639,187.00)
610945: Cleveland Avenue-Morse Road Drainage; $60,813.00 (-$639,187.00)
SECTION 13. 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.