Explanation
1. BACKGROUND
This legislation authorizes the City of Columbus to enter into a contract in an amount up to $2,239,121.43 for the Williams Roadway and Stormwater Pump Station Replacement Project and to pay construction inspection costs up to $180,962.15.
The City of Columbus, Department of Public Service, Division of Design and Construction, and the Department of Public Utilities, Division of Sewerage and Drainage, are engaged in the Williams Roadway and Stormwater Pump Station Replacement Project. This project will increase the vertical clearance from 13'-2" to 14'-6" on Williams Road at the railroad bridge located between Lockbourne Road and Groveport Road and will install a new storm system and pump station to relieve long standing flooding occurrences at this underpass.
The area is comprised of a mixture of commercial, industrial and older residential properties. The project plans were approved by the City in April, 2007 following a multi-year design effort. In 2008, the City established new requirements for bikeway facilities and sidewalks on its capital improvement projects through the adoption of the Complete Streets ordinance in December, 2008 and the subsequent promulgation of Rules and Regulations in March this year. Prior to the adoption of the Complete Streets ordinance, sidewalks and bikeway facilities were not routinely required on capital improvement projects, but were considered on a case by case basis. Sidewalks and bikeway facilities are not being installed as a part of this project due to the area being sparsely populated, and the embankment on the north side east of the railroad bridge is very steep down to the edge of pavement, and to install sidewalks involves considerable purchase of property in order to provide sufficient right-of-way for the installation of sidewalks. Much time has already been devoted to the design of this project, funds are not presently available for redesign or right-of-way acquisition, and the Ohio Public Works Commission has awarded significant funding to the City for this project. To change the scope of the project to include sidewalk and bikeway facilities will result in a loss of the OPWC funding.
This project has been awarded a grant in an amount up to $502,000.00 and 20 year - 0% interest loan in an amount up to $1,498,000.00 by the Ohio Public Works Commission.
The estimated Notice to Proceed date is estimated to be August 5, 2009. This project has been given 400 days to complete construction from the notice to proceed date. The project was let by the Office of Support Services and was advertised in the City Bulletin, Dodge Reports, and by the Builders Exchange. 4 bids were received on April 30, 2009 (4 majority, 0 minority) and tabulated on May 1, 2009 as follows:
Company Name Bid Amt City/State Majority/MBE/FBE
Complete General Construction $2,239,121.43 Columbus, OH Majority
George J. Igel $2,551,657.85 Columbus, OH Majority
The Righter Company $2,556,647.10 Columbus, OH Majority
Shelly and Sands $2,795,004.24 Columbus, OH Majority
Award is to be made to Complete General Construction Company, as the lowest, best, most responsive and most responsible bidder.
2. CONTRACT COMPLIANCE
Complete General Construction Company's contract compliance number is 314366382 and expires 1/30/10.
3. EMERGENCY DESIGNATION
Emergency action is requested to allow immediate expenditure of the necessary funds so that construction may begin and relieve severe flooding issues on this roadway.
4. FISCAL IMPACT
There are two sources of funding for this project which has a construction cost of $2,442,989.08. The Division of Design and Construction has been awarded a grant of up to $502,000.00 and a 20 year - 0% interest loan in an amount up to $1,498,000.00 by Ohio Public Works Commission that it will share with Department of Public Utilities. The Division of Sewerage and Drainage share of the construction for this project is $1,409,603.96 less their share of the grant and loan. The Division of Design and Construction share of this project is $1,033,385.12 less it's share of the OPWC loan and grant. This amount includes $22,905.50 of utility relocation work performed by the City of Columbus Division of Electricity that will be reimbursed to the Division of Electricity. The Division of Design and Construction share of this project will be funded by the OPWC grant. The Division of Sewerage and Drainage Funding is available within the Storm Sewer Bonds Fund. These monies will be transferred to the Williams Road grant in the State Issue II Street Projects Fund. The entire amount of the project, $2,442,989.08, will be appropriated within that grant and be expended from the grant. This ordinance also declares the official intent of the City to accept a 20-year, 0% interest loan in the amount of $1,498,000.00 from the Ohio Public Works Commission.
Title
To authorize the Director of Public Service to enter into contract with the Complete General Construction Company for construction of the Williams Roadway and Stormwater Pump Station Replacement Project for the Division of Design and Construction; to authorize the transfer of $758,939.15 within and from the Storm Sewer Bonds Fund for the Division of Sewerage and Drainage to the State Issue II Street Projects Fund; to amend the 2009 Capital Improvements Budget; to authorize the expenditure of $2,442,989.08 from the State Issue Two Street Projects Fund; and to declare an emergency. ($2,442,989.08)
Body
WHEREAS, bids were received on April 30, 2009, and tabulated on May 1, 2009, for the Williams Roadway and Stormwater Pump Station Replacement Project and a satisfactory bid has been received; and
WHEREAS, it is necessary to provide for construction inspection costs; and
WHEREAS, it is necessary to authorize the appropriation and transfer of funds for the project to proceed; and
WHEREAS, the Department of Public Service, Division of Design and Construction has been awarded a grant in the amount of up to $502,000.00 and also has been offered the opportunity to borrow a total of up to $1,498,000.00 for its Williams Roadway and Stormwater Pump Station Replacement Project from Lockbourne Parkway to Groveport Road by means of a 20 year, 0% interest loan; and
WHEREAS, it has been determined that it is in the best interests of the City to borrow said funds, and
WHEREAS, it is necessary to declare the official intent to borrow these funds to comply with the Internal Revenue Service, and
WHEREAS, it is necessary for this Council to authorize the City Auditor to transfer funds from the Storm Sewer Bonds Fund to the State Issue Two Street Projects Fund; and
WHEREAS, it is necessary to authorize an amendment to the 2009 Capital Improvements Budget for purposes of providing sufficient funding and spending authority for the aforementioned project expenditure; and
WHEREAS, an emergency exists in the usual daily operation of the Division of Design and Construction in that the contract should be awarded immediately so that the work can begin on August 5, 2009 without delay in order to relieve flooding issues on this roadway, 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 enter into a contract with the Complete General Construction Company, for the construction of the Williams Roadway and Stormwater Pump Station Replacement Project in the amount of $2,239,121.43, for the Division of Design and Construction in accordance with the specifications and plans on file in the office of the Director of Public Service, which are hereby approved; to reimburse the City of Columbus Division of Electricity up to $22,905.50 for utility relocation work provided; and to obtain and pay for the necessary inspection costs associated with this project up to a maximum of $180,962.15.
SECTION 2. That the Transfer of monies within the following funds be authorized as follows:
Sewerage and Drainage Division (Stormwater), Dept-Div 60-15:
Transfer from:
Fund / Project / Project Name / O.L. 01/03 Codes / OCA / Amount
685 / 610542 / 6th, 7th, Rarig Avenue / 06 / 6621 / 685001 / $300,103.60
685 / 610960 / Bexvie / 06 / 6621 / 685960 / $242,605.69
685 / 610988 / Francisco Road / 06 / 6621 / 685988 / $216,229.86
Transfer to:
Fund / Project / Project Name / O.L. 01/03 Codes / OCA / Amount
685 / 610711 / ST-28 Williams Road PS / 10 / 5501 / 685711 / $758,939.15
Section 3. That the said firm shall perform the work to the satisfaction of the Director of Public Utilities and the Administrator of the Division of Sewerage and Drainage.
Section 4. That the Transfer of monies between the following funds be authorized as follows:
Sewerage and Drainage Division (Stormwater), Dept-Div 60-15:
Transfer from:
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / Amount
685 / 610711 / ST-28 Williams Road PS / 10-5501 / 685711 / $758,939.15
Transfer to:
Fund / Grant / Grant Name / O.L. 01-03 Codes / OCA / Amount
764 / 598080 / Williams Road / 80/0886 / 608080 / $758,939.15
SECTION 5. That the 2009 Capital Improvements Budget established within ordinance 0806-2009 be and hereby is amended as follows:
Fund /Project Number / Project / Current CIB Amount / Amendment Amount / CIB Amount
685 / 610542-100000 / 6th, 7th, Rarig Avenue / $300,104 / - ($300,104) / $0
685 / 610960-100000 / Bexvie / $242,606 / - ($242,606) / $0
685 / 610988-100000 / Francisco Road / $219,818 / - ($216,230) / $3,588
685 / 610711-100000 / ST-28 Williams Road PS / $125,000 / + ($758,940) / $883,940
Section 6. That the sum of $2,442,989.08 be and hereby is appropriated from the unappropriated balance of Fund 764, the State Issue Two Street Projects Fund, 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 to the Williams Road Grant, number 598080 as follows:
Division of Design and Construction, Dept-Div 59-12:
Fund / Grant / Grant Name / O.L. 01-03 Codes / OCA / Amount
764 / 598080 / Williams Road / 06-6600 / 598080 / $1,033,385.12
Division of Sewerage and Drainage, Dept-Div 60-15:
Fund / Grant / Grant Name / O.L. 01-03 Codes / OCA / Amount
764 / 598080 / Williams Road / 06-6600 / 608080 / $1,409,603.96
Section 7. That the funds appropriated in Section 6 shall be paid upon the 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 8. That for the purpose of paying the cost of the contract, reimbursement to the Division of Electricity, and inspection, the sum of $2,442,989.08 or so much thereof as may be needed, is hereby authorized to be expended from the State Issue Two Street Projects Fund, No. 764, as follows:
Division of Design and Construction, Dept-Div 59-12:
Fund / Grant / Grant Name / O.L. 01-03 Codes / OCA / Amount
764 /598080 / Williams Road / 06-6621 / 598080 / $22,905.50
764 / 598080 / Williams Road / 06-6631 / 598080 / $933,932.58
764 / 598080 / Williams Road / 06-6687 / 598080 / $76,547.04
Division of Sewerage and Drainage, Dept-Div 60-15:
Fund / Grant / Grant Name / O.L. 01-03 Codes / OCA / Amount
764 / 598080 / Williams Road / 06-6621 / 608080 / $1,305,188.85
764 / 598080 / Williams Road / 06-6687 / 608080 / $104,415.11
Section 9. That this ordinance declares the official intent and reasonable expectation of the City of Columbus on behalf of the State of Ohio(the borrower) to reimburse its State Issue Two Street Projects Fund for the Williams Roadway and Stormwater Pump Station Replacement Project(OPWC project number CC14L) with the proceeds of tax exempt debt of the State of Ohio.
Section 10. That on behalf of the State of Ohio, the City of Columbus reasonably expects to reimburse fund 764, the State Issue Two Street Projects Fund, for the Williams Roadway and Stormwater Pump Station Replacement Project from Lockbourne Parkway to Groveport Road Road in Appendix A of the project agreements with the proceeds of bonds to be issued by the State of Ohio.
Section 11. The maximum aggregate principal amount of bonds, other than for costs of issuance, expected to be issued by the State of Ohio for reimbursement to the local subdivision is $1,498,000.00.
Section 12. That the City Clerk of the City of Columbus is hereby directed to make a copy of this ordinance available for the inspection and examination of all persons interested therein and to deliver a copy of this ordinance to the Ohio Public Works Commission.
Section 13. That the City of Columbus finds and determines that all formal actions of this City concerning and relating to the passage of this ordinance were taken in an open meeting of the City of Columbus and that all deliberations of this City and any of its committees that resulted in those formal actions were in meetings open to the public, in compliance with all legal requirements.
Section 14. 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 15. 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 16. That the City Auditor is authorized to establish proper project accounting numbers as appropriate.
Section 17. That Searches in the Excluded Party List System (Federal) and the Findings for Recovery list (State) produced no findings against Complete General Construction Company.
Section 18. 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.