Explanation
Background: The Public Service Department, Transportation Division, oversaw the design of roadway improvements in the Arena District. This design work was performed by a consultant under contract to the division. The division entered into a reimbursement agreement with Nationwide Limited Realty for the latter to undertake the roadway construction for the sake of expediency and to coordinate the construction with the Arena opening. Nationwide bid the construction and selected Complete General Construction Company to construct the Vine Street Project. The Public Utilities Department, Sewerage and Drainage Division had a sewer separation project in the same area with a similar construction schedule. The decision was made to incorporate that work into the roadway improvement project.
Design plans did not indicate the location of an existing lateral sewer line that serviced 147 Vine Street. The plans showed the main sanitary sewer line was considerably deeper than the storm sewer line that was to be installed as part of the sewer separation project. In June 2000 Complete General installed a 36-inch storm sewer line in the street in front of 147 Vine Street, which was vacant at the time.
The Sewerage and Drainage Division received a complaint from Roman Czech, the owner of an entertainment venue at 147 Vine Street, on May 3, 2003, that a sewer back up had occurred during the opening of his club. An in-line television camera inspection of the building's sanitary sewer service subsequently revealed three collapsed sections of lateral sanitary sewer in the area where the 36-inch storm sewer had been installed. The Sewerage and Drainage Division rejected the complaint on the grounds that the lateral line had not appeared on the plans. The Transportation Division contended that the storm sewer was installed as part of the sewer separation project and was the Sewerage and Drainage Division's responsibility. The issue was debated without resolution until the City Attorney's Office was requested to adjudicate the issue. The City Attorney's Office determined that the City should compensate the property owner for his loss and the cost of replacing the damaged lateral sewer line. The divisions determined that the most cost effective solution would be achieved by having the property owner's contractor install a replacement lateral sewer. The property owner presented an invoice to the City in the amount of $48,155.49 for problem diagnosis and resolution on August 7, 2003. The two divisions have agreed to split the cost of this expense.
Although the Transportation Division's design consultant was deficient in omitting the location of the lateral sewer line, the City Attorney's Office felt too much time has passed to take legal action against the consultant. Both divisions believe that notifying the consultant and documenting the City's concerns over the thoroughness of their work serves a useful purpose vis-à-vis future City work and this is being pursued.
This ordinance reimburses the damaged property owner $48,155.49.
Fiscal Impact: Both divisions will contribute toward this reimbursement. The Transportation Division budgeted $2.13 million in the 2004 Capital Improvements Budget for Roadway Improvements. Nearly $1.82 million has been encumbered or expended to date for Roadway Improvements. This ordinance authorizes a total expenditure of $48,155.49 of which $24,077.74 will be expended from the 1995, 1999 Voted Streets and Highways Fund. The Sewage and Drainage Division will fund the remaining $24,077.75 from the Sanitary Bond Fund, Sanitary System Rehabilitation project. Their payment requires that the current Capital Improvements Budget be amended.
Emergency action is requested to resolve this issue and provide for the property owner's reimbursement as soon as possible.
Title
To amend the 2004 Capital Improvements Budget; to authorize the Public Service Director and the Public Utilities Director to reimburse Roman Czech a total of $48,155.49 for the cost of replacing a lateral storm sewer line inadvertently damaged by roadway and sewer separation improvements undertaken by the Transportation Division and Sewerage and Drainage Divisions, respectively; to authorize the expenditure of $24,077.74 from the 1995, 1999 Voted Streets and Highways Fund and $24,077.75 from the Sanitary Bond Fund, and to declare an emergency. ($48,155.49)
Body
WHEREAS, roadway and sewer improvement projects inadvertently damaged a lateral sewer line servicing the property at 147 Vine Street; and
WHEREAS, the City Attorney's Office determined that the City should compensate the property owner for his loss and the cost of replacing this damaged lateral sewer line; and
WHEREAS, the Transportation and Sewerage and Drainage Divisions have agreed to split the cost of this expense; and
WHEREAS, an emergency exists in the usual daily operation of the Transportation Division, Public Service Department, and the Sewerage & Drainage Division, Public Utilities Department, in that it is immediately necessary to resolve this issue and provide for the property owner's reimbursement as soon as possible, 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 City Auditor is hereby authorized and directed to transfer $24,077.75 from within the Sanitary Bond Fund No. 663; Obj. Level 3 No. 6630, as follows:
FROM:
Proj. 650315| Compost Facility/Active Solar| OCA Code 642876| $24,077.75
TO:
Proj. 650404| Sanitary Sys. Rehab.| OCA Code 663404| $24,077.75
SECTION 2. That the 2004 Capital Improvements Budget Ordinance 1059-2004 be and hereby is amended as follows:
PUBLIC UTILITIES / SEWERAGE AND DRAINAGE
Current CIB
Project No. / Project / Amount
650404 / Sanitary System Rehabilitation / $-0- (Sanitary Bond Fund 663 carryover)
CIB as Amended
Project No. / Project / Amount
650404 / Sanitary System Rehabilitation / $24,077.75 (Sanitary Bond Fund 663 carryover)
SECTION 3. That the Public Service Director and the Public Utilities Director be and hereby are authorized to compensate Roman Czech $48,155.49 for the cost of his replacing a lateral storm sewer line at 147 Vine Street inadvertently damaged by roadway and sewer separation improvements undertaken in the vicinity by the Transportation and Sewerage and Drainage Divisions.
SECTION 4. That the expenditure of $48,155.49, or so much thereof as may be necessary, be and hereby is authorized from Fund 704, the 1995, 1999 Streets and Highways Fund, Department 59-09, Transportation Division, Object Level Code One 06, Object Level Three Code 6630, OCA Code 644385 and Project 530161 ($24,077.74) and from Fund 663, the Sanitary Bond Fund, Department No. 60-05, Sewerage and Drainage Division, Object Level One Code 06, Object Level Three Code 6630, OCA Code 663404 and Project 650404 ($24,077.75).
SECTION 5. 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.