Explanation
1. BACKGROUND: This legislation authorizes the Director of Finance and Management to enter into a contract with FYDA Freightliner Columbus, Inc. for the purchase of one (1) 45' Derrick/Digger Truck in the amount of $182,915.00 and to transfer $182,915.00 from the Electricity Reserve Fund to the Voted Street Lighting and Electricity Distribution Improvement Fund.
2. CONTRACT AWARD: The Department of Finance and Management publicly opened three (3) formal bids on November 20, 2008. Bids were received from: Lift-All Division of Hydra-Tech, Inc. - $198,456.00; Center City International - $184,454.00; and FYDA Freightliner Columbus, Inc. - $182,915.00.
The lowest and best bid was from FYDA Freightliner Columbus, Inc. in the amount of $182,915.00. Their Contract Compliance Number is 31-0789102 (expires 10/16/2010, Majority). Additional information regarding all bidders, description of work, contract time frame and detailed amounts can be found on the attached Legislation Information Form.
3. FISCAL IMPACT: This legislation includes a transfer of funds from the Electricity Reserve Fund to the Voted Street Lighting and Electricity Distribution Improvement Fund as a temporary measure until such time as the proceeds from a bond sale can be made available.
Title
To authorize the Director of Finance and Management to execute a contract with FYDA Freightliner Columbus, Inc. for the purchase of one (1) 45' Derrick/Digger Truck with a Utility Body in the amount of $182,915.00; to authorize the appropriation and transfer of $182,915.00 from the Electricity Reserve Fund to the Voted Street Lighting and Electricity Distribution Improvement Fund; and to authorize the expenditure of $182,915.00 from the Voted Street Lighting and Electricity Distribution Improvement Fund for the Division of Power and Water. ($182,915.00)
Body
WHEREAS, the Division of Power and Water requires a 45' Derrick/Digger Truck to complete capital improvement street lighting projects throughout the City of Columbus; and
WHEREAS, three bids for one (1) 45' Derrick/Digger Truck, equipped with a Utility Body were received and publicly opened in the offices of the Director of Finance and Management on November 20, 2008; and
WHEREAS, said bids have been tabulated and evaluated and an award is recommended to FYDA Freightliner Columbus, Inc. as the lowest responsive and responsible bidder in the amount of 182,915.00; and
WHEREAS, it is necessary for this Council to authorize the City Auditor to transfer funds from the Electricity Reserve Fund to the Voted Street Lighting and Electricity Distribution Improvement Fund; 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 construction of the Project described in this Ordinance (collectively, the "Project"), and
WHEREAS, it has become necessary in the usual daily operation of the Division of Power and Water, Department of Public Utilities, to authorize the Director of Finance and Management to enter into a contract for a 45' Derrick/Digger Truck, to authorize the appropriation and transfer of funds from the Electricity Reserve Fund to the Voted Street Lighting and Electricity Distribution Improvement Fund; 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 from the unappropriated monies in the Electricity Reserve 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, 2008, the sum of $182,915.00, is hereby appropriated to the Division of Power and Water, Division 60-07, Object level One 10, Object level Three 5502, OCA 551001.
SECTION 2. That the City Auditor is hereby authorized and directed to transfer $182,915.00, from the Electricity Reserve Fund to the Voted Street Lighting and Electricity Distribution Improvement Fund, Fund No. 553, into the appropriate project account as specified within Section 3 herein, at such time as deemed necessary by him, and to expend said funds, or so much thereof as may be necessary.
SECTION 3. That the appropriation and expenditure of $182,915.00 is hereby authorized for Solicitation SA003108 for a 45' Derrick/Digger Truck with Utility Body and options within the Voted Street Lighting and Electricity Distribution Improvement Fund, Fund No. 553, Project 670637, OCA Code 670637, Object Level One 06, Object Level Three 6652.
SECTION 4. That upon obtaining other funds for the purpose of funding street lighting capital improvement work, the City Auditor is hereby authorized to repay the Electricity Reserve Fund the amount transferred under Section 2 above, and said funds are hereby deemed appropriated for such purpose.
SECTION 5. That the Director of Finance and Management be and is hereby authorized to award and execute a contract for a 45' Derrick/Digger Truck with Utility Body and options to include one (1) Dimensions Model DUI-12/2500 Quasi Sine Wave Inverter; one (1) 48755 Fairmont Impact Wrench with Ten Tool Hose Kit and Couplers; and Derrick/Digger Service Training School with the lowest and best bidder, FYDA Freightliner Columbus, Inc., 1250 Walcutt Rd., Columbus, Ohio 43228; in the amount of $182,915.00 in accordance with the terms and conditions of the contract on file in the Office of the Division of Power and Water.
SECTION 6. 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 7. That said company shall conduct the work to the satisfaction of the Director of Public Utilities and the Administrator of the Division of Power and Water.
SECTION 8. 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 $182,915.00 (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 Treasury Regulations Section 1.150-2(c). Upon the issuance of the Obligations, the proceeds of such Obligations shall be used to reimburse the Electricity Reserve Fund 551, which is the fund from which the advance for costs of the Project will be made.
SECTION 9. That this Ordinance shall take effect and be in force from and after the earliest period allowed by law.