Explanation
1. BACKGROUND
This legislation authorizes the Director of Public Service to enter into a contract with Complete General Construction Company for the construction of the Grandview Yard - Third Avenue Railroad Bridge (OPWC Number: DCT02) project and to provide payment for construction, construction administration and inspection services. This legislation also authorizes the Department of Public Service to expend public and privates monies from various sources to support this project.
The aforementioned effort is a Public-Private Partnership (3P) between the Department of Public Service and NRI Equity Land Investments, LLC (NRI), pursuant to the Tax Increment Financing Agreement dated July 12, 2012, for the construction and reimbursement of public infrastructure improvements that support private development activities in and around the Third Avenue and Olentangy River Road area of Columbus, also known as Grandview Yard.
The Grandview Yard - Third Avenue Railroad Bridge project consists of: widening and reconstructing Third Avenue from a point 375' west of the CSX railroad bridge to a point 400' east of the bridge. Approximately 300 feet of a new 3 lane roadway, Rail Street, will also be constructed to the south of Third Avenue. A shared use path and a sidewalk will be installed. The CSX railroad overpass will be replaced. Rail track improvements will also be made at the new overpass structure. The traffic signal at Fifth Avenue and Edgehill Road Intersection will be replaced, and other such work as may be necessary to complete the contract.
The project was let by the Office of Support Services through Bid Express. Two bids were received on May 26, 2016, (both majority) and tabulated as follows:
Company Name Bid Amount City/State Majority/MBE/FBE
Complete General Construction Co. $12,538,340.01 Columbus, OH Majority
The Ruhlin Company $13,519,127.30 Columbus, OH Majority
Award is to be made to Complete General Construction Company as the lowest, responsive, responsible and best bidder for their bid of $12,538,340.01. The amount of construction administration and inspection services will be $1,253,834.00. The total legislated amount is $13,792,174.01, with the Department of Public Service, NRI, the Ohio Public Works Commission, and the City of Grandview Heights each appropriating monies to advance the Grandview Yard - Third Avenue Railroad Bridge project.
Searches in the System for Award Management (Federal) and the Findings for Recovery list (State) produced no findings against Complete General Construction Company.
PRE-QUALIFICATION STATUS
Complete General Construction Company and all proposed subcontractors have met code requirements with respect to pre-qualification, pursuant to relevant sections of Columbus City Code Chapter 329.
2. CONTRACT COMPLIANCE
The contract compliance number for Complete General Construction Company is 31-4366382, Vendor Number 006056, and expires 9/4/17.
3. FISCAL IMPACT
Funding for this project will be derived from multiple sources as follows:
$4,996,195.84 Ohio Public Works Commission (Transportation Grants Fund)
$292,740.61 Department of Public Service (Streets and Highways Bond Fund)
$8,353,449.16 NRI Equity Land Investments, LLC (Streets & Highway Improvements Fund)
$149,788.40 City of Grandview Heights (Streets & Highway Improvements Fund)
$13,792,174.01 Total Project Cost
4. EMERGENCY DESIGNATION
Emergency action is requested in order to provide requisite funding for this project so as to allow necessary infrastructure improvements to commence as soon as possible, thereby preventing additional delays in the completion thereof and ensuring the safety of the traveling public.
Title
To amend the 2016 Capital Improvements Budget; to authorize the City Auditor to transfer funds within the Streets and Highways Bond Fund; to authorize the City Auditor to appropriate monies in the Transportation Grants Fund and the Street & Highway Improvement Fund; to authorize the Director of Public Service to enter into contract with Complete General Construction Company and to provide for the payment of construction, construction administration, and inspection services in connection with the Grandview Yard - Third Avenue Railroad Bridge project; to authorize the expenditure of grant funds; to authorize expenditures up to $13,792,174.01 relative to this project; and to declare an emergency. ($13,792,174.01)
Body
WHEREAS, the Department of Public Service and NRI Equity Land Investments, LLC are engaged in the Grandview Yard - Third Avenue Railroad Bridge (OPWC Number: DCT02) project; and
WHEREAS, work on this project consists of widening and reconstructing Third Avenue from a point 375' west of the CSX railroad bridge to a point 400' east of the bridge and various other improvements within the project limits, including the construction of a new 3 lane roadway, Rail Street, to the south of Third Avenue and the installation of sidewalk and a shared use path; and
WHEREAS, Complete General Construction Company will be awarded the contract for the Grandview Yard - Third Avenue Railroad Bridge (OPWC Number: DCT02) project; and
WHEREAS, it is necessary to enter into contract with Complete General Construction Company; and
WHEREAS, it is necessary to provide funds for construction, construction administration, and inspection services, the estimated cost of which is $13,792,174.01; and
WHEREAS, the Department of Public Service has entered into multiple agreements with public and private entities to fund those costs; and
WHEREAS, Ordinance 1604-2015 authorized the Director of Public Service to accept a grant award from the Ohio Public Works Commission for this project; and
WHEREAS, under the terms of the Guaranteed Maximum Reimbursement and Construction Contribution Agreement, authorized pursuant to Ordinances 1195-2016 and 2415-2016, NRI has agreed to deposit $8,353,449.16 with the City Treasurer toward construction and inspection costs, with the understanding that NRI is eligible to seek reimbursement of eligible costs from the Third and Olentangy TIF as proceeds become available; and
WHEREAS, Ordinance 1485-2016 authorized the Director of Public Service to execute a contribution agreement with the City of Grandview, effective September 13, 2016, and to accept a contribution in the amount of up to $149,797.00 toward the construction of certain improvements within the City of Grandview Heights; and
WHEREAS, this legislation authorizes the Department of Public Service to expend public and private monies from OPWC, the City of Grandview Heights, and NRI to support this project; and
WHEREAS, the Department of Public Service has agreed to bear the costs associated with the installation of a new traffic signal at the intersection of Fifth Avenue and Edgehill Road, which is projected to cost $292,740.61; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Service in that it is immediately necessary to authorize the Director to enter into this contract so as to allow necessary infrastructure improvements to commence as soon as possible, thereby preventing additional delays in the completion thereof and ensuring the safety of the traveling public, 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 2016 Capital Improvements Budget authorized by Ordinance 0960-2016 be amended as follows to establish sufficient authority for this project:
Fund / Project / Project Name / Current / Change /Amended
7704 / P530103-100022 / Arterial Street Rehabilitation - Stelzer Road Phase 1 (Voted Carryover) / $200,984.00 / ($200,984.00) / $0.00
7704 / P530208-100000 / Federal/State Match (Voted Carryover) / $98,429.00 / ($91,757.00) / $6,672.00
7704 / P530161- 100182 / Roadway Improvements - Third Avenue Railroad Bridge (Voted Carryover) / $0.00 / $292,741.00 / $292,741.00
7766 / P530164-100000 / Third Avenue Railroad Bridge (Street & Highway Imp Carryover) / $0.00 / $8,503,238.00 / $8,503,238.00
SECTION 2. That from the unappropriated monies and from all monies estimated to come into said funds from any and all sources and unappropriated for any other purpose during the fiscal year ended December 31, 2016, the sum of $4,996,195.84 is appropriated in Fund 7763 Transportation Grants Fund in Object Class 06 Capital Outlay per the account codes in the attachment to this Ordinance.
SECTION 3. That from the unappropriated monies and from all monies estimated to come into said funds from any and all sources and unappropriated for any other purpose during the fiscal year ended December 31, 2016, the sum of $8,503,237.56 is appropriated in Fund 7766 Streets & Highway Improvements Fund in Object Class 06 Capital Outlay per the account codes in the attachment to this Ordinance.
SECTION 4. That the transfer of $292,740.61, or so much thereof as may be needed, is hereby authorized between projects within Fund 7704 Streets and Highways G.O. Bond Fund per the account codes in the attachment to this Ordinance.
SECTION 5. That the Director of Public Service be and is hereby authorized to enter into contract with Complete General Construction Company, 1221 E. Fifth Avenue, Columbus, Ohio 43219, for the construction of the Grandview Yard - Third Avenue Railroad Bridge (OPWC Number: DCT02) project in the amount of $12,538,340.01, or so much thereof as may be needed in accordance with the specifications and plans on file in the Office of Support Services, which are hereby approved; and to obtain and pay for the necessary inspection costs associated with the project up to a maximum of $1,253,834.00.
SECTION 6. That the expenditure of $4,996,195.84, or so much as may be needed, is hereby authorized in Fund 7763 Transportation Grants Fund in Object Class 06 Capital Outlay per the account codes in the attachment to this Ordinance.
SECTION 7. That the expenditure of $8,503,237.56, or so much thereof as may be needed, is hereby authorized in Fund 7766 Streets & Highway Improvements Fund in Object Class 06 Capital Outlay per the account codes in the attachment to this Ordinance.
SECTION 8. That the expenditure of the sum of $292,740.61, or so much thereof as may be needed, is hereby authorized in Fund 7704 Streets and Highways G.O. Bond Fund in Object Class 06 Capital Outlay per the account codes in the attachment to this Ordinance.
SECTION 9. 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 10. 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 11. 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 12. 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.