Explanation
1. BACKGROUND
This legislation authorizes the Director of Public Service to modify and increase the construction contract with Double Z Construction for the Bridge Rehabilitation - Major Bridge Rehabilitation project in an amount up to $1,768,257.33 and to provide additional construction inspection for this project in the amount of $185,426.28.
Company Name City/State Majority/MBE/FBE
Double Z Construction Columbus, OH Majority
Ordinance 1820-2010 authorized the Department of Public Service to enter into contract for the Bridge Rehabilitation - Major Bridge Rehabilitation Project which consisted of the rehabilitation of 2 bridges, the Calumet Street Over Glen Echo Ravine structure and Fisher Road Over CSX and Norfolk Southern Railroad West of I-270 structure.
The original intent of the current construction contract for the Calumet Street over Glen Echo Ravine structure was to extend the life of the structure until a full rehabilitation or replacement could occur. The proposed work included rehabilitation of 7 of the 9 piers, fiber wrap 2 of the piers to increase their strength, rehabilitating box beams, rehabilitation on the abutments, rehabilitation on the arch, waterproofing the deck, and a new asphalt overlay.
After the concrete chipping began, it was determined by the project that a further structural analysis was needed to be performed on this structure due to the poor condition of the existing piers and arch. This analysis was performed by R. W. Armstrong and they made an initial recommendation.
Their recommendation was that 5 of the piers would need to be encased/retrofitted, additional rehabilitation on the box beams needed to be performed, the expansion joints needed to be moved from piers 3 and 8 to the abutments to make them semi-integral, additional rehabilitation on the arch needed to be made, and a new concrete deck needed to be installed.
After a cost analysis was performed on this proposed work, it was determined by the City that it would be more fiscally responsible to remove the existing structure, leaving the pier footing for piers 3 and 8, as well as the existing abutments. This structure will be replaced with a new 3 span structure utilizing the pier footings for existing piers 3 and 8 and modifying the existing abutments to make them semi-integral.
In an effort to save time and reopen the structure in the fall of 2011, it was determined that the new structure construction would be performed by a design/build team composed of R.W. Armstrong and Double Z Construction.
A cost estimate was provided by R.W. Armstrong for the work to be performed. Exact material quantities will need to be calculated and a more accurate cost will be provided as the design is performed. This estimated cost of $1,953,683.61 (Construction - $1,545,219.00, Design - $223,038.33, Inspection - $185,426.28) includes the estimated construction/demolition cost, contingency for unknowns/overruns, construction inspection, design engineering, and R.W. Armstrong's Inspection and Structural analysis report dated June 7, 2011. As the individual quantities are calculated, unit prices will be established and the contractor will be paid accordingly.
The purpose of this modification is to change the scope of work from the initial rehabilitation that was to be performed to the complete redesign and reconstruction of this structure utilizing the design/build team of R.W. Armstrong and Double Z Construction as outlined. This change order amount of $1,768,257.33 is an estimated cost change order to perform this work that will not be exceeded. This ordinance will also modify the amount for construction inspection in the amount of $185,426.28.
As part of the project 422 feet of 6 foot wide sidewalk will be added or reconstructed in this project.
Original contract amount: $567,706.37 (Ordinance 1820-2010, City Auditor Contract number EL011404)
Modification #1: $1,768,257.33
Total contract amount: $2,335,963.70
This legislation also authorizes additional funding for inspection:
Original Inspection authorized by ordinance: $69,718.32
Additional Inspection authorized by this ordinance: $185,426.28
Total Inspection authorized $255,144.61
The City of Columbus, Division of Design and Construction will negotiate cost with the contractor and compare these cost to state unit price bids for similar work as individual quantities are calculated.
Searches in the Excluded Party List System (Federal) and the Findings for Recovery list (State) produced no findings against Double Z Construction.
2. CONTRACT COMPLIANCE
Double Z's contract compliance number is 311788042 and expires 12/2/12.
3. FISCAL IMPACT
Funds are available for this modification within the 2011 Capital Improvement Budget. A C.I.B. Amendment is necessary to establish authority within the correct project. This ordinance authorizes the expenditure of $1,953,683.61 for design, construction, and inspection. This expense can be accommodated by appropriating and transferring funds needed in the amount of $1,953,683.61 from the Special Income Tax Fund. Bonds have yet to be sold for the whole project, necessitating a certification of $1,953,683.61 against the Special Income Tax Fund. Upon sale of bonds, this will be reimbursed. Those funds will then be expended from that fund.
4. EMERGENCY DESIGNATION
The Department of Public Service is requesting City Council to enact this legislation as an emergency measure in order to allow the Calumet Over Glen Echo Ravine to be reconstructed as expeditiously as possible to ensure the safety of the travelling public.
Title
To authorize the Director of Public Service to modify and increase the contract for the Bridge Rehabilitation - Major Bridge Rehabilitation with Double Z Construction for the Division of Design and Construction; to amend the 2011 Capital Improvement Budget; to authorize and direct the City Auditor to appropriate and transfer $1,953,683.61 from the Special Income Tax Fund to the Streets and Highways G.O. Bonds Fund; to authorize the City Auditor to appropriate $1,953,683.61 within the Streets and Highways G.O. Bonds Fund; to authorize the expenditure of $1,953,683.61 from the Streets and Highways G.O. Bonds Fund for design, construction and inspection of the Calumet over Glen Echo Ravine structure; and to declare an emergency. ($1,953,683.61)
Body
WHEREAS, contract no. EL011404 was authorized by ordinance no. 1820-2010, passed by City Council January 31, 2010, executed March 14, 2011 and approved by the City Attorney on March 15, 2011; and
WHEREAS, the Department of Public Service has determined it to be in the City's best interest to modify the subject contract for purposes of adding additional bridge work to the contract for additional work on the Calumet Bridge over Glen Echo Ravine consisting of design and construction; and
WHEREAS, it is necessary to provide funding for additional inspection; and
WHEREAS, this ordinance authorizes the first modification to the Bridge Rehabilitation - Major Bridge Rehabilitation Project contract in the amount of $1,768,257.33; and
WHEREAS, it is necessary to amend the 2011 Capital Improvement Budget; and
WHEREAS, it is necessary to transfer funds from the Special Income Tax Fund to this project; and
WHEREAS, the City will sell notes or bonds to fund this project and will reimburse the Special Income Tax Fund; and
WHEREAS, this transfer should be considered as a temporary funding method; and
WHEREAS, the aggregate principal amount of obligations which the city will issue to finance this project is presently expected not to exceed $1,953,683.61; 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 project described in this ordinance (the "Project").
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Service, Division of Planning and Operations, in that the contract should be modified and increased immediately so that the project may be proceed and construction can occur during the 2011 construction season to ensure the safety of these bridges, 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 modify and increase contract no. EL011404, with Double Z Construction, 1080 Ridge Street, Columbus, OH 43215 for the Bridge Rehabilitation - Major Bridge Rehabilitation Contract, by $1,768,257.33 for additional work in accordance with the terms as shown on the modification on file in the Office of Support Services, which are hereby approved and the sum of
$185,426.28 is authorized to be expended for construction administration and inspection by City Staff.
SECTION 2. That the 2011 Capital Improvement Budget be amended to provide sufficient authority for this project as follows:
Fund/Project / Project Name /OCA/ Current / Change / Amended
704 / 530301-100015 / Bridge Rehabilitation - Major Bridge Rehabilitation (Voted 2008) / $4,705,692.00 / ($1,953,684.00) / $2,752,008.00
704 / 530301-161883 / Bridge Rehabilitation - Calumet Street Over Glen Echo Ravine (Voted 2008) / $0.00 / $1,953,684.00 / $1,953,684.00
SECTION 3. The sum of $1,953,683.61 be and is hereby appropriated from the unappropriated balance of the Special Income Tax Fund, Fund 430, 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, 2011 to the City Auditor, Department 22-01, Object Level One 10, OCA Code 902023, Object Level Three 5502.
SECTION 4. That the City Auditor is hereby authorized to transfer said funds to the Streets and Highways G.O. Bonds Fund, No. 704, at such time as it is deemed necessary by the City Auditor and to expend said funds or so much thereof as may be necessary.
SECTION 5. That $1,953,683.61 is hereby appropriated within Fund 704, the Streets and Highways G.O. Bonds Fund, Dept-Div. 59-12, Division of Design and Construction as follows:
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / Amount
704 / 530301-161883 / Bridge Rehabilitation - Calumet Street Over Glen Echo Ravine / 06-6600 / 741883 / $1,953,683.61
SECTION 6. That the monies appropriated in the foregoing Section 5 shall be paid upon 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 7. That upon obtaining other funds for this capital improvement, the City Auditor is hereby authorized and directed to repay the Special Income Tax Fund the amount transferred under Section 4 above.
SECTION 8. That the City Auditor is authorized to establish proper accounting project numbers and to make any accounting changes to revise the funding source for any contract or contract modification associated with the expenditure of funds transferred in Section 4, above.
SECTION 9. 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 $1,953,683.61. (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 fund from which the advance for costs of the Project will be made.
SECTION 10. All funds necessary to carry out the purpose of this ordinance are hereby deemed appropriated.
SECTION 11. That for the purpose of paying the cost of this contract and inspection, the sum of $1,953,683.61 or so much thereof as may be needed, is hereby authorized to be expended from Fund 704, the Streets and Highways G.O. Bonds Fund, 59-12, Division of Design and Construction as follows:
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / Amount
704 / 530301-161883 / Bridge Rehabilitation - Calumet Street Over Glen Echo Ravine / 06-6631 / 741883 / $1,545,219.00
704 / 530301-161883 / Bridge Rehabilitation - Calumet Street Over Glen Echo Ravine / 06-6682 / 741883 / $223,038.33
704 / 530301-161883 / Bridge Rehabilitation - Calumet Street Over Glen Echo Ravine / 06-6687 / 741883 / $185,426.28
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 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.