Explanation
BACKGROUND: This ordinance authorizes the Finance and Management Director to enter into a contract on behalf of the Office of Construction Management with Thomas & Marker Construction Company for the construction of a new impound lot, administration building, and forensic processing and storage building for the Columbus Division of Police and the Parking Violations Bureau to be located at 2700 Impound Lot Road.
The current impound facility is located on the Whittier Peninsula, is over 23 years old, inadequately sized, has a number of building deficiencies, and is not particularly customer friendly. As well, The Columbus and Franklin County Metropolitan Park District has been developing a metro park and the nature center in conjunction with Audubon Ohio on a nearby portion of the Whittier Peninsula. To operate a more efficient and customer friendly facility as well as to allow redevelopment of the Whittier Peninsula necessitates that the City operations of the Parking Violations Bureau and the Police Division impound lot be relocated to a new site. A new facility enables the City to operate a more efficient and customer friendly operation on a site specifically purchased and developed for these purposes.
Under this contract a 16,858 square foot administration building and a 7,800 square foot forensic processing and storage building will be constructed and operated by the Division of Police and the Parking Violations Bureau. In addition, a new impound lot will be constructed with the capacity to secure up to 3,600 cars. These buildings will be LEED (Leadership in Energy and Environmental Design) Certified in compliance with the Mayor's Get Green Columbus initiative. Attached to this ordinance is a Fact Sheet.
Formal bids were solicited and twelve companies submitted bids on April 7, 2009 as follows (1 MBE^, 0 FBE):
Thomas & Marker Construction Company $4,633,700.00
The Quandel Group $4,714,000.00
Gutknecht $4,792,300.00
Elford Incorporated $4,797,107.00
2k General Company $4,857,043.00
The Daimler Group $4,919,950.00
Altman General $4,923,173.00
Chantel Hill Construction $4,946,933.00
Setterlin $4,969,700.00
Dunlop and Johnston $5,000,250.00
^ Miles McClellan Construction Company $5,064,240.00
Robertson Construction $5,096,270.00
The Office of Construction Management recommends the bid be awarded to the most responsive and responsible and best bidder, Thomas & Marker Construction Company.
This ordinance also authorizes the transfer of $4,633,700.00 from the Special Income Tax Fund to the Construction Management Capital Improvement Fund - Impound Lot Relocation and amends the Capital Improvements Budget, Ordinance No. 0806-2009.
EMERGENCY ACTION is requested for the construction of a new impound lot for the Division of Police and the Parking Violations Bureau located at 2700 Impound Lot, thereby, providing the City of Columbus citizens needed safety services.
Fiscal Impact: This project is not funded in the original 2009 Capital Improvement Budget. However, additional capacity has been identified and this project will be amended into the CIB through another ordinance. Bonds have yet to be sold for the whole project, necessitating a certification of $4,633,700.00 against the Special Income Tax Fund. Upon sale of bonds, this will be reimbursed.
Thomas & Marker Construction Company Contract Compliance Number 34-4476858, Expiration date 01/18/2010.
Title
To authorize the Finance and Management Director to enter into a contract on behalf of the Office of Construction Management with Thomas & Marker Construction Company for the construction of a new impound lot for the Division of Police and the Parking Violations Bureau located at 2700 Impound Lot Road; to authorize and direct the City Auditor to transfer $4,633,700.00 from the Special Income Tax Fund to the Construction Management Capital Improvement Fund; to authorize the City Auditor to appropriate $4,633,700.00 within the Construction Management Improvement Fund; and to authorize the expenditure of $4,633,700.00 from the Construction Management Capital Improvement Fund; and to declare an emergency. ($4,633,700.00)
Body
WHEREAS, the City of Columbus desires to construct a new impound lot; and
WHEREAS, formal bids were solicited for the construction of a new impound lot; and
WHEREAS, the Office of Construction Management recommends Thomas & Marker Construction Company, as the most responsive and responsible bidder; and
WHEREAS, it is necessary to transfer funds from the Special Income Tax Fund to this project; and
WHEREAS, the City will sell notes or bonds to fund this project and will reimburse the Special Income Tax Fund; and
WHEREAS, this transfer should be considered as a temporary funding method; and
WHEREAS, the aggregate principal amount of obligations which the City will issue to finance this renovation is presently expected not to exceed $4,633,700.00; and
WHEREAS, the City anticipates incurring certain Original Expenditures (as defined in Section 1.150-2(c) of the Treasury Regulations (the "Treasury Regulations") promulgated pursuant to the Internal Revenue Code of 1986, as amended) with respect to the project described in this ordinance (the "Project");
WHEREAS, an emergency exists in the usual daily operation of the Finance and Management Department, Office of Construction Management, in that it is immediately necessary to authorize the Director of Finance and Management to enter into a contract with Thomas & Marker Construction Company the construction of a new impound lot for the Division of Police and the Parking Violations Bureau located at 2700 Impound Lot, thereby, providing the City of Columbus citizens needed safety services, thereby preserving the public health, property, safety, and welfare; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the Finance and Management Director is hereby authorized to enter into contract on behalf of the Office of Construction Management with Thomas & Marker Construction Company for the construction of a new impound lot for the Division of Police and the Parking Violations Bureau, to be located at 2700 Impound Lot Road.
SECTION 2. The sum of $4,633,700.00 be and is hereby appropriated from the unappropriated balance of the Special Income Tax Fund, Fund 430, 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 City Auditor, Department 22-01, Object Level One 10, OCA Code 902023, Object Level Three 5502.
SECTION 3. That the City Auditor is hereby authorized to transfer said funds to the Construction Management Capital Improvement Fund 733, at such time as is deemed necessary by the City Auditor, and to expend said funds, or so much thereof as may be necessary.
SECTION 4. That the amount of $4,633,700.00 is hereby transferred and appropriated to the Office of Construction Management, 45-07, Construction Management Capital Improvement Fund, Fund 733, Impound Lot Relocation - 570034, Object Level One 06, Object Level Three Code 6620, OCA 733000.
SECTION 5. That upon obtaining other funds for the construction of a new impound lot administration building and storage building for the Division of Police and the Parking Violations Bureau located at 2700 Impound Lot Road, the City Auditor is hereby authorized and directed to repay the Special Income Tax Fund the amount transferred under Section 2.
SECTION 6. That the City Auditor is authorized to establish proper accounting project numbers, and to make any accounting changes to revise the funding source for any contract or contract modification associated with the expenditure of funds transferred in Section 2, above.
SECTION 7. That the City intends that this ordinance constitute an "official intent" for purposes of Section 1.150-2(e) of the Treasury Regulations, and that the City reasonably expects to reimburse itself for certain Original Expenditures incurred with respect to the Project from the proceeds of obligations to be issued by the City in a principal amount currently estimated to be $4,633,700.00 (the "Obligations").
The City intends to make a reimbursement allocation on its books for the Original Expenditures not later than eighteen months following the later to occur of the date of the Original Expenditure to be reimbursed or the date the Project for which such Original Expenditures were made is "placed in service" within the meaning of the Treasury Regulations Section 1.150-2(c). Upon the issuance of the Obligations, the proceeds of such Obligations shall be used to reimburse the fund from which the advance for costs of the Project will be made.
SECTION 8. All funds necessary to carry out the purpose of this ordinance are hereby deemed appropriated.
SECTION 9. That the expenditure of $4,633,700.00, or so much thereof as may be necessary in regard to the action authorized in SECTION 1, be and is hereby authorized and approved as follows:
Division: 45-51
Fund: 733
OCA Code: 733000
Object Level: 06
Object Level 3: 6620
Project: 570034-100001
Amount $4,633,700.00
SECTION 10. That the City Auditor is authorized to make any accounting changes to revise the funding source for all contract or contract modifications associated with this ordinance.
SECTION 11. 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.