Explanation
1. BACKGROUND:
This legislation will authorize the Director of Public Utilities to modify the construction contract with the Kokosing Construction Company for the Bulen Avenue/Sycamore Street Sewer Replacement Project
This modification is necessary to allow the City to pay the contractor for pavement replacement items that are ineligible under the the terms of the loan that the city received from the Ohio Water Development Authority because the Ohio EPA considers pavement replacement outside of normal trench limits to be the responsibility of the City. This work was necessitated by the existence of predominantly granular soils that were unable to support the trench walls.
2. CONSTRUCTION CONTRACT MODIFICATION:
a. Name, Location and Status of Companies Submitting a Bid for the Original Ct.:
The following companies responded to the advertised Request for Bids for this Contract:
Kokosing Construction Co.| Columbus, Ohio| Active Contract Compliance-Majority
Complete General Const. Co.| Columbus, Ohio| Active Contract Compliance- Majority
b. Firm Awarded the Contract; Contract Number:
Kokosing Construction Company| EL003746
c. Contract History; Proposed Modification; Future Needs
Original Contract: $1,188,703.33| EL003746| Ord. No. 2017-2003
The original contract provided for the construction of approximately 1,050 lineal feet of eight to 18-inch diameter sanitary sewer that replaced existing deteriorated sewer lines in project vicinity. Modification No. 1 provides funding for the additional excavation and pavement items that were necessitated by unstable soil along a portion of the project. These items were not eligible under the terms of the loan from the Ohio Water Development Authority.
d. Updated Timeline for Contract Completion:
This modification is establishing funding for additional excavation and pavement replacement items that were ruled ineligible by the Ohio Water Development Authority. All work has been completed, and payment of these items will allow for the closure of this contract work.
e. Why the Work Was Not Anticipated:
The additional excavation and pavement replacement items provided for within this Modification No. 1 were due to poor soils in the project area that did not allow the Contractor to maintain planned, trench widths during the construction operations.
f. Why the Work of this Modification Cannot Be Bid:
It was not deemed either feasible or reasonable to suspend the work with Kokosing Construction, for purposes of undertaking a new procurement for this work. The process for initiating a new procurement would likely have caused a lengthy delay to the existing contractor and associated delay claims.
g. Contract Cost Summary:
Original Contract $1,188,703.33
Modification No. 1 $ 48,638.00
CONTRACT TOTAL $1,237,341.33
3. FISCAL IMPACT:
This contract modification is required to provide separate funding for pavement replacement items that have been deemed ineligible during the construction of the project improvements. This ordinance will authorize the transfer and expenditure of residual bond funds for purposes of providing funding for this request. This ordinance further requests and amendment to the 2004 Capital Improvements Budget to authorize the utilization of Sewer System Permanent Improvements Fund No. 671 carryover funds.
4. EMERGENCY LEGISLATION:
The Division of Sewerage and Drainage is requesting City Council to consider this legislation an emergency measure in order to allow the financial transaction to be posted in the City's accounting system as soon as possible. Up to date financial posting promotes accurate accounting and financial management.
Title
To authorize the Director of Public Utilities to modify a contract with the Kokosing Construction Company for the Bulen Avenue/Sycamore St. Sewer Replacement Project; to authorize the transfer and expenditure of $48,638.00 from within the Sewer System Permanent Improvements Fund; to amend the 2004 Capital Improvements Budget; for the Division of Sewerage and Drainage, and to declare an emergency. ($48,638.00)
Body
WHEREAS, the Ohio Water Development Authority approved a loan to the City of Columbus on July 31, 2003, in the amount of $1,497,368.69, identified as OWDA Loan No. 3916; and
WHEREAS, Ordinance No. 2017-2003, as passed October 6, 2003, authorized the Director of Public Utilities to enter into agreement with the Kokosing Construction Company for purposes of constructing the Bulen Avenue/Sycamore St. Sewer Replacement Project; and
WHEREAS, in order to successfully complete the construction of the subject improvements it was necessary for the contractor to excavate pavement in excess of the planned quantities due to unstable subsurface conditions; and it is the decision of the Ohio Environmental Protection Agency that the additional costs associated with said quantities are ineligible for payment under the terms of the loan agreement; and it is therefore necessary for the Division of Sewerage and Drainage to utilize other funds to pay the contractor as required; and
WHEREAS, an emergency exists in the usual daily operation of the Division of Sewerage and Drainage, in that it is necessary for this City Council to authorize the City Auditor to transfer funds within the Sewer System Permanent Improvements Fund; to authorize the Director of Public Utilities to execute a construction contract modification for the aforementioned project; and to amend the 2004 Capital Improvements Budget; all of which is necessary to allow for the immediate payment and contract closure which is necessary for rehabilitation of this aging and structurally deficient sanitary sewer infrastructure, 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 and directed to transfer $48,638.00 from within the Sewer System Permanent Improvements Fund as follows:
FROM:
Proj. 650474| Rose Run North Subt.| Div. 60-05| Fund 671| OCA Code 642033| $48,638.00
TO:
Proj. 650632| Bulen Ave./Sycamore St. Sewer| OCA Code 671632| $48,638.00
Section 2. That the City Auditor is hereby authorized to make any accounting changes necessary to reflect the funding changes authorized herein.
Section 3. That the Director of Public Utilities be, and hereby is, authorized to execute a construction contract modification in the amount of $$48,638.00 with the Kokosing Construction Company, 886 McKinley Avenue, Columbus, Ohio 43222 for construction of Bulen Avenue/Sycamore St. Sewer Replacement Project, in order to provide for additional work delineated within the modification in the offices of the Sewer System Engineering Section of the Division of Sewerage and Drainage.
Section 4. That for the purpose of paying the cost of the construction contract modification, the expenditure of $48,638.00, or as much thereof as may be needed, is hereby authorized as follows from the Sewer System Permanent Improvements Fund No. 671| Division 60-05|Bulen Ave./Sycamore St. Sewer Repl.| Project No. 650632| OCA Code 671632| Object Level Three 6630| $48,638.00.
Section 5. That the 2004 Capital Improvements Budget Ordinance No. 1059-2004 is hereby amended as follows, in order to provide sufficient budget authority for the execution of the modification of the construction contract stated in the preamble hereto.
CURRENT:
650632-Bulen Ave./Sycamore St. Sewer Repl. - $0 (Fund 671 Carryover)
AMENDED TO:
650632-Bulen Ave./Sycamore St. Sewer Repl. - $48,638.00 (Fund 671 Carryover)
Section 6. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is declare 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.