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File #: 0367-2004    Version: 1
Type: Ordinance Status: Passed
File created: 2/11/2004 In control: Utilities Committee
On agenda: 3/29/2004 Final action: 4/1/2004
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 the Intrust Land Development Company, in connection with the Big Walnut-Parsons Avenue Sanitary Subtrunk, Vicinity of Rathmell Road Project; to authorize the transfer, appropriation and expenditure of $2,069,278.25 from the Sanitary Sewer Reserve Fund to the 1991 Voted Sanitary Bond Fund; and to amend the 2003 Capital Improvements Budget; for the Division of Sewerage and Drainage. ($2,069,278.25)
Attachments: 1. 0367-2004MAP.PDF
Date Ver.Action ByActionResultAction DetailsMeeting Details
4/1/20041 CITY CLERK Attest  Action details Meeting details
3/31/20041 MAYOR Signed  Action details Meeting details
3/29/20041 Columbus City Council ApprovedPass Action details Meeting details
3/29/20041 COUNCIL PRESIDENT Signed  Action details Meeting details
3/15/20041 Columbus City Council Read for the First Time  Action details Meeting details
3/2/20041 Auditor Reviewer Contingent Within  Action details Meeting details
3/2/20041 CITY AUDITOR Reviewed and Approved  Action details Meeting details
3/2/20041 Utilities Drafter Sent for Approval  Action details Meeting details
3/2/20041 CITY ATTORNEY Reviewed and Approved  Action details Meeting details
3/2/20041 Utilities Drafter Sent to Clerk's Office for Council  Action details Meeting details
2/26/20041 ODI DIRECTOR Reviewed and Approved  Action details Meeting details
2/26/20041 Utilities Drafter Sent for Approval  Action details Meeting details
2/25/20041 EBOCO Reviewer Reviewed and Approved  Action details Meeting details
2/23/20041 Utilities Drafter Sent for Approval  Action details Meeting details
2/20/20041 FINANCE DIRECTOR Reviewed and Approved  Action details Meeting details
2/19/20041 Finance Reviewer Reviewed and Approved  Action details Meeting details
2/17/20041 Utilities Reviewer Sent for Approval  Action details Meeting details
2/12/20041 Utilities Drafter Sent for Approval  Action details Meeting details
2/12/20041 Utilities Reviewer Reviewed and Approved  Action details Meeting details
2/12/20041 UTILITIES DIRECTOR Reviewed and Approved  Action details Meeting details
2/12/20041 UTILITIES DIRECTOR Reviewed and Approved  Action details Meeting details
Explanation
1.  NEED:  This legislation authorizes the Director of Public Utilities to enter into a capital improvements agreement with Intrust Land Development, Inc., for the construction of the Big Walnut-Parsons Avenue Sanitary Subtrunk, Vicinity of Rathmell Road Project.  (See attachment for Project Location Map)
 
The Intrust Land Development Company, hereinafter referred to as the developer, has plans of constructing single family residential developments to be known as Hartman Ponds and Wyndham Ridge, located along the east side of State Route 23, in the vicinity of Rathmell Road and Parsons Avenue, on land that they own or control.  The City has intentions of installing sanitary sewer service to an eventual tributary service area of approximately 774 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 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 $2,069,278.25
 
2.  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.
 
3.  FISCAL IMPACT:  The Division of Sewerage and Drainage is requesting Council to amend the 2003 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 the Intrust Land Development Company, in connection with the Big Walnut-Parsons Avenue Sanitary Subtrunk, Vicinity of Rathmell Road Project; to authorize the transfer, appropriation and expenditure of $2,069,278.25 from the Sanitary Sewer Reserve Fund to the 1991 Voted Sanitary Bond Fund; and to amend the 2003 Capital Improvements Budget; for the Division of Sewerage and Drainage. ($2,069,278.25)
 
Body
WHEREAS, the Intrust Land Development Company, 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 Walnut-Parsons Avenue Sanitary Subtrunk, Vicinity of Rathmell Road Project; and
 
WHEREAS, the developer is the owner of or has the right to control approximately 110 acres of land located west of State Route 23, in the vicinity of Rathmell Road and Parsons Avenue, located in the southwest planning area of Columbus, and intends to construct new single family residential developments to be known as Hartman Ponds and Wyndham 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 Walnut-Parsons Avenue Sanitary Subtrunk, Vicinity of Rathmell Road 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, the Division of Sewerage and Drainage, Department of Public Utilities hereby requests this City Council to to authorize the City Auditor to appropriate and transfer funds from the Sewer System Reserve Fund to the 1991 Voted Sanitary Bond Fund; and to amend the 2003 Capital Improvements Budget; in order to allow the Director to execute the aforementioned agreement which will allow the Division to avoid considerable expense in the design and procurement of easements for the extension of the Big Walnut-Parsons Avenue Sanitary Subtrunk, Vicinity of Rathmell Road Project, and in return the developer shall be authorized to construct this vital sanitary infrastructure in a growing community within the City of Columbus, at the earliest practicable date, 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, 2004, the sum of $2,069,278.25 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 $2,069,278.25, 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 $2,069,278.25 is hereby appropriated for Big Walnut-Parsons Avenue Sanitary Subtrunk, Vicinity of Rathmell Road Project within the 1991 Voted Sanitary Bond Fund No. 664| Division 60-05| Object Level Three No. 6630| Project No. 650178| OCA Code 650178.
 
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 the Intrust Land Development Company, 39 East Whittier Street, Columbus, Ohio 43206, for the costs associated with the construction of the Big Walnut-Parsons Avenue Sanitary Subtrunk, North of Rathmell Road Project, as shown on the detailed engineering Construction Drawing Nos. 13473 on file with the Division of Sewerage and Drainage.
 
Section 7.  That said capital improvements project reimbursement agreement shall stipulate that the Intrust Land Development Company, 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 $2,069,278.25, or as much thereof as may be needed, be and the same hereby is authorized from the 1991 Voted Sanitary Bond Fund No. 664| Division 60-05| Project No. 650178| Big Walnut Parsons Avenue Subtrunk Project| OCA Code 650178.
 
Section 9.  That the 2003 Capital Improvements Budget Ordinance No. 1943-03 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:
Project 650489-Big Walnut Parsons Ave. San. Subt.-$1,030,884.00
Project 650491-Big Walnut Augment./Rickenbacker Int. $115,720,815.00
 
AMENDED TO:
Project 650489-Big Walnut Parsons Ave. San. Subt.-$2,069,279.00
Project 650491-Big Walnut Augment./Rickenbacker Int.-$114,682,420.00
 
Section 10.  That this ordinance shall take effect and be in force from and after the earliest period allowed by law.