Explanation
BACKGROUND: This legislation authorizes the Director of Public Utilities to increase the cost agreement with Graceland Shoppers Limited Partnership in connection with the Leland Avenue Ditch Storm Sewer Project; to authorize the City Auditor to transfer a total of $158,000.00 within the Storm Sewer Bond Fund; and to amend the 2004 Capital Improvements Budget. Approximately 1200 feet of existing city-owned water line that runs parallel to a portion of the proposed storm sewer for this project had to be relocated. The water line was located closer to the proposed storm sewer than indicated on the plans and was in conflict. The alignment of the proposed storm sewer could not be relocated away from the existing water line due to space constraints.
Contract Compliance No.: 31-1193027
Emergency Designation: Emergency designation is requested for this ordinance so that funds will become available for payment to the developer at the earliest possible date. It was agreed to pay the developer for this change in construction because it was an oversight when the original agreement was established and the city does not feel it is the responsibility of the developer to pay the extra cost. This change was necessitated by actual field conditions.
FISCAL IMPACT: The Division is requesting an amendment to the 2004 Capital Improvements Budget for purposes of establishing sufficient budget authority for this expenditure. In addition, this legislation includes a transfer of funds within the Storm Sewer Bonds Fund.
Contract Modification Information Pursuant to Section 329.13 C.C.C.:
Amount of Additional Funds - This Modification: $158,000.00.
Why the Need for Additional Work Could Not Be Foreseen: This modification will adjust the construction quantities to those actually used in the construction of the subject project.
Why Other Procurement Processes Would Not Be In the City's Best Interests: Based upon actual construction and field conditions, new items were necessary for the completion of the subject project. The additional work is a direct, logical extension of the work included in the contract and it is not deemed either feasible or reasonable to suspend work with the entity currently under contract and undertake continuation of the work under a new procurement.
How the Cost of the Modification Was Determined: Actual contract item quantities have been determined by the developer, and have subsequently been agreed to by the Contractor.
Contract Amount: The contract amount including this modification is $767,327.00, and is delineated as follows:
Original Contract $609,327.00
Modification No. 1 $158,000.00
Total $767,327.00
Title
To authorize the Director of Public Utilities to execute a cost agreement modification with Graceland Shoppers Limited Partnership for the Leland Avenue Ditch Storm Sewer Project for the Division of Sewerage and Drainage; to authorize the transfer of $158,000.00 within the Storm Sewer Bond Fund; to authorize an amendment to the 2004 Capital Improvements Budget; to authorize the expenditure of $158,000.00 within the Storm Sewer Bond Fund, and to declare an emergency. ($158,000.00)
Body
WHEREAS, Contract No. EL004554 was authorized by Ordinance No. 0441-2004, as passed April 19, 2004, executed August 9, 2004, and approved by the City Attorney on August 12, 2004, for purposes of executing a cost agreement for the subject project; and
WHEREAS, the work performed under the aforementioned cost agreement has been accepted by the City of Columbus and contract item quantities have been agreed upon by the Developer, Graceland Shoppers Limited Partnership, 191 West Nationwide Boulevard, Suite 200, Columbus, Ohio 43215; and the City; and
WHEREAS, it is necessary for this Council to authorize the City Auditor to transfer funds within the Storm Sewer Bond Fund; and
WHEREAS, it is necessary to authorize an amendment to the 2004 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 Sewerage and Drainage, Department of Public Utilities, in that it is necessary to authorize the Director of Public Utilities to modify Contract No. EL004554 in order to pay the Developer for the additional construction items necessary to complete this phase of construction of the Leland Avenue Ditch Storm Sewer Project, for the preservation of the public health, peace, property and safety; now, therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the City Auditor is hereby authorized to transfer $158,000.00 within the Storm Sewer Bonds Fund, Fund 685, Division of Sewerage and Drainage, Division 60-15, as follows:
TRANSFER FROM: 610824; 685824; Dry Run Flood Routing at Valleyview
TRANSFER TO: 610863; 685863; Leland Avenue Ditch Storm Sewer
Section 2. 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 by monies from more than one source.
Section 3. That the City Auditor is authorized to establish proper project accounting numbers as appropriate.
Section 4. That the Director of Public Utilities be, and hereby is, authorized to modify Contract No. EL004554 with Graceland Shoppers Limited Partnership, 191 West Nationwide Boulevard, Suite 200, Columbus, Ohio 43215; for this phase of construction of the Leland Avenue Ditch Storm Sewer Project in accordance with the terms and conditions shown on the contract on file in the office of the Division of Sewerage and Drainage.
Section 5. That the said Developer shall conduct the work to the satisfaction of the Director of Public Utilities and the Administrator of the Division of Sewerage and Drainage.
Section 6. That for the purpose of paying the cost of the said cost agreement increase, the following expenditure, or as much thereof as may be needed, be and the same is hereby authorized as follows: Division No. 60-15, Storm Sewer Bond Fund, Fund 685, Project No 610863, OCA Code 685863, Object Level Three 6621, Amount $158,000.00.
Section 7. That the 2004 Capital Improvements Budget Ordinance No. 1059-2004 is hereby amended as follows, to provide sufficient budget authority for the execution of the cost agreement increase sated in Section 6 herein:
CURRENT:
610824: Dry Run at Valleyview - $3,091,821.00
610863: Leland Avenue Ditch Storm Sewer - $702,327.00
AMENDED:
610824: Dry Run at Valleyview - $2,933,821.00 (-$158,000.00)
610863: Leland Avenue Ditch Storm Sewer - $860,327.00 (+$158,000.00)
Section 8. 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.