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File #: 0080-2013    Version: 1
Type: Ordinance Status: Passed
File created: 1/7/2013 In control: Public Service & Transportation Committee
On agenda: 1/28/2013 Final action: 1/31/2013
Title: To authorize the Director of Public Service to pay for design services contracted between Ohio Health Corporation and Woolpert, Inc. and agreed to between Ohio Health Corporation and the Director of Public Service in a design reimbursement agreement and construction reimbursement agreement; to authorize the expenditure of $144,892.81 from the Local Transportation Improvement Grant Fund; and to declare an emergency. ($144,892.81)
Explanation
 
1. BACKGROUND
This legislation authorizes the Director of Public Service to pay Ohio Health Corporation for design of the Intersection Improvements - Thomas Lane at Olentangy River Road project and return the balance of monies deposited for construction.
 
Ordinance 1067-2009 authorized the Director of Public Service to apply for Ohio Public Works Commission (OPWC) funding in 2009.  The grant was executed in July 2010 and allows for reimbursement of up to 72% of design and construction costs.
 
Ordinance 1689-2009 authorized the Director of Public Service to enter into design and construction reimbursement agreements with Ohio Health Corporation for the Intersection Improvements - Thomas Lane at Olentangy River Road project.
 
Ordinance 0824-2011authorized the Director of Public Service to enter into contract with Nickolas Savko and Sons for the Intersection Improvement - Thomas Lane at Olentangy River Road project for the Division of Design and Construction.  
 
Ohio Health contracted with Woolpert, Inc. for the design of this project.  Eligible design costs are $198,319.65, 72% of which shall be reimbursed by OPWC.  In order to seek reimbursement from OPWC for the design, the City must pay Ohio Health 72% of the eligible costs, $142,790.15.  After payment to Ohio Health from available grant funds, the City shall be reimbursed by OPWC the amount of $142,790.15.
 
Ohio Health and OPWC provided funding for construction.  Ohio Health Corporation deposited $449,273.03 with the City to cover the local share of construction costs.  Final accounting upon construction completion reveals that Ohio Health's actual costs are $447,170.37, and therefore, a balance of $2,102.66 shall be returned to Ohio Health.
 
The City shall pay Ohio Health Corporation for the cost of design ($142,790.15) and refund the balance of their construction deposit ($2,102.66), for a total of $144,892.81.
 
2. EMERGENCY DESIGNATION
Emergency action is requested to allow for a prompt payment to Ohio Health Corporation as the project was completed in late 2012.
 
3. FISCAL IMPACT
The funding for this expense is from the Local Transportation Improvement Grant Fund, and will be reimbursed by Ohio Public Works Commission.
 
4.  CONTRACT COMPLIANCE
Ohio Health Corporation contract compliance number is 314394942 and expires 11/15/14.
 
Title
 
To authorize the Director of Public Service to pay for design services contracted between Ohio Health Corporation and Woolpert, Inc. and agreed to between Ohio Health Corporation and the Director of Public Service in a design reimbursement agreement and construction reimbursement agreement; to authorize the expenditure of $144,892.81 from the Local Transportation Improvement Grant Fund; and to declare an emergency. ($144,892.81)
 
Body
 
WHEREAS, ordinance 1067-2009 authorized the Director of Public Service to apply for Ohio Public Works Commission (OPWC) funding in 2009; and
 
WHEREAS, ordinance 1689-2009 authorized the Director of Public Service to enter into design and construction reimbursement agreements with Ohio Health Corporation; and
 
WHEREAS, Ohio Health paid for the design services for the Intersection Improvements - Thomas Lane at Olentangy River Road project as agreed to in the design reimbursement agreement; and
 
WHEREAS, the City must reimburse Ohio Health for 72% of eligible design services per the design reimbursement agreement; and
 
WHEREAS, the City must reimburse Ohio Health the balance remaining from the initial deposit for construction per the construction reimbursement agreement; and
 
WHEREAS, the City shall be reimbursed by the Ohio Public Works Commission for the eligible design services costs per the OPWC grant; and
 
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Service, in that this legislation should go forth immediately to provide payment to Ohio Health for these design services and return of construction deposit balance to Ohio Health Corporation as the project was completed in late 2012; now, therefore
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
 
SECTION 1. That the Director of Public Service be and hereby is authorized to reimburse Ohio Health Corporation for design services and the balance of their deposit for construction.
 
SECTION 2. That the expenditure of $144,892.81 be and hereby is authorized from the Local Transportation Improvement Grant Fund, Fund 763, Department No. 59-12, Division of Design and Construction as follows:
 
Fund / Grant / Grant Name / O.L. 01/03 Codes / OCA Code / amount
763 /591176-100000 / Thomas Lane Improvements CCV07 / 06-6682 / 591176 / $144,892.91
 
SECTION 3.  That the funds necessary to carry out the purpose of this ordinance are hereby deemed appropriated, and the City Auditor shall establish such accounting codes as necessary
 
SECTION 4.  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 5.  That the City Auditor is hereby authorized to transfer the unencumbered balance in a project account to the unallocated balance account 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 are no longer required for said project.
 
SECTION 6.  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.