Explanation
1. BACKGROUND: This legislation authorizes the Director of Public Utilities to enter into a guaranteed maximum cost reimbursement agreement with the Gowdy Partners III, Inc. for the Olentangy River Road (Gowdy Field) Improvements Project. This project is for the rehabilitation of approximately 600 lineal feet of 24" sewers and associated manholes. The redevelopment of this site and alteration of land use dictate this rehabilitation due to the poor structural condition of these sewers.
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 Gowdy Partners III, Inc. As a condition of the agreement, the Gowdy Partners III, Inc. is required to comply with the competitive bidding procedures of Section 329 of the Columbus City Codes, and with the Prevailing Wage Requirements of Chapter 4115 of the Ohio Revised Code.
In exchange for this, the City of Columbus agrees to reimburse the Gowdy Partners III, Inc. for documented construction and all related costs that are associated with the subject capital improvements project, for a guaranteed maximum cost of $193,815.02.
Reimbursement of the Guaranteed Maximum Cost of $193,815.02 shall occur upon successful completion and acceptance of all construction items. It is anticipated that construction bids for this work shall be solicited in the Fall of 2009.
3. CONTRACT COMPLIANCE NO.: 26-3118042 | Maj | 07/10/2011
4. EMERGENCY DESIGNATION: No emergency designation is requested for this legislation
5. FISCAL IMPACT:
This ordinance authorizes the transfer and appropriate funds from the Sanitary Sewer Reserve Fund to the Voted Sanitary Sewer Bond Fund; to authorize the expenditure of $193,815.02 from the Voted Sanitary Sewer Bond Fund; and amend the 2009 Capital Improvements Budget to establish sufficient budget authority for this ordinance.
Title
To authorize the Director of Public Utilities to enter into a guaranteed maximum cost reimbursement agreement in accordance with Section 186 of the City Charter, with the Gowdy Partners III, Inc., for the rehabilitation project located at 1145 Olentangy River Road (Gowdy Field) for the Division of Sewerage and Drainage; to authorize the transfer and appropriation of $193,815.02 from the Sanitary Sewer Reserve Fund to the Voted Sanitary Sewer Bond Fund; to authorize the expenditure of $193,815.02 from the Voted Sanitary Sewer Bond Fund; and to amend the 2009 Capital Improvements Budget, for the Division of Sewerage and Drainage.
( $193,815.02)
Body
WHEREAS, this legislation authorizes the Director of Public Utilities to enter into a guaranteed maximum cost reimbursement agreement with Gowdy Partners III, Inc. for the rehabilitation project located at 1145 Olentangy River Road (Gowdy Field) in accordance with Section 186 of the Columbus City Charter and to comply with the competitive bidding procedures of Section 329 of the Columbus City Codes; and
WHEREAS, the rehabilitation project provides approximately 600 lineal feet of 24" sewers and associated manholes; and
WHEREAS, it is necessary to authorize the transfer and appropriation of funds from the Sanitary Sewer Reserve Bond to the Voted Sanitary Sewer Bond Fund to provide sufficient funding for the aforementioned project expenditure; and
WHEREAS, it is necessary to authorize an amendment to the 2009 Capital Improvements Budget to provide sufficient budget authority for this expenditure; and
WHEREAS, it is necessary for City Council to authorize the expenditure of funds from the Voted Sanitary Sewer Bonds Fund of $ 193,815.02; and
WHEREAS, the Division of Sewerage and Drainage, Department of Public Utilities is requesting that this Council authorize the Director of Public Utilities to enter into an agreement to reimburse Gowdy Partners III, Inc. for the rehabilitation project located at 1145 Olentangy River Road (Gowdy Field) for a guaranteed maximum; Now, Therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the Director of Public Utilities be and hereby is authorized to enter into a guaranteed maximum cost reimbursement agreement Gowdy Partners III, Inc. for the rehabilitation project located at 1145 Olentangy River Road (Gowdy Field); in the amount of $193,815.02; in accordance with Section 186 of the Columbus City Charter and to comply with the competitive bidding procedures of Section 329 of the Columbus City Codes, and
Section 2. That from the unappropriated monies in the Sanitary Sewer 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, 2009, the sum of $193,815.02 is hereby appropriated to the Division of Sewerage and Drainage: Division 60-05| OCA Code 901654 | Object Level One 10 | Object Level Three 5502.
Section 3. That the City Auditor is hereby authorized to transfer $193,815.02 from the Sanitary Sewer Reserve Fund to the Voted Sanitary Sewer Bond Fund, Fund 664, into Olentangy River (Gowdy Field), Project 650758, at such time as deemed necessary by the Auditor, and to expend said funds, or so much thereof as may be necessary.
Section 4. That the $193,815.02 is hereby appropriated for the Olentangy River Road (Gowdy Field), within the Voted Sanitary Sewer Bond Fund | Fund 664 | Division 60-05 | Project 650758 | OCA Code 664758 | Object Level Three 6621.
Section 5. That the 2009 Capital Improvements Budget Ordinance No. 0806-2009 is hereby amended as follows, to create and provide sufficient budget authority for the award of the agreement stated herein, and to supply necessary budget authority in the proper projects.
Project No. | Project Name | Current Authority | Revised Authority | (Change)
650758-100000 | Olentangy River Road (Gowdy Field) Project | $ -0- | $193,816 | (+$193,816)
Section 6. The for the purpose of reimbursing Gowdy Partners III, Inc. herein, the expenditure of $193,815.02 is hereby authorized from within the Voted Sanitary Sewer Bond Fund | Fund No. 664| Div.: 60-05| Olentangy River (Gowdy Field) | Project No. 650758 | OCA Code 664758 | Object Level Three: 6621.
Section 7. 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 8. 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 9. That the City Auditor is authorized to establish proper project accounting numbers as appropriate.
Section 10. That upon obtaining other funds for the purpose of funding sanitary sewer system capital improvement work, the City Auditor is hereby authorized to repay the Sanitary Sewer Reserve Fund the amount transferred above, and said funds are hereby deemed appropriated for such purposes.
Section 11. 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 the obligations to be issued by the City in a principal amount currently estimated to be $193,815.02 (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 Sanitary/Sewer Reserve Fund 654, which is the fund from which the advance for costs of the Project will be made.
Section 12. That this Council finds to be in the best interests of the City of Columbus that the formal competitive bidding provisions of the City Code be waived and hereby waives Section 329.07 with respect to this guaranteed maximum cost reimbursement agreement and public infrastructure improvements contemplated therein.
Section 13. That this Ordinance shall take effect and be in force from and after the earliest period allowed by law.