Explanation
1. BACKGROUND
The Division of Planning and Operations is engaged in the Alley Rehabilitation - Miscellaneous project for the rehabilitation of City Alleys. As part of this project, Division of Planning and Operations Crews will perform work such as clearing, surface grading and leveling, drainage improvements and selective repaving.
The cost incurred by the Street Construction Maintenance and Repair Fund for City staff and equipment associated with these alley improvements will be tracked. The Street Construction Maintenance and Repair Fund will then be reimbursed from Capital Funds. This legislation authorizes reimbursement to the Street Construction Maintenance and Repair Fund, for capital improvement labor and equipment associated with this alley rehabilitation project. It is necessary to establish funding in the amount of $800,000.00 for this purpose.
The rehabilitation of these alleys requires several commodities. These commodities include asphalt emulsion, various asphalt concrete, and limestone and gravel aggregates. The Purchasing Office has solicited formal competitive bids for the purchase of these commodities and has established universal term contracts (UTC). It is necessary to obtain the authorization from the Director of Finance and Management to establish purchase orders in the amount of $550,000.00 for this purpose.
As part of the rehabilitation of these alleys a variety of construction debris will be collected and will require disposal. Debris gathered will be dumped at the landfill operated by the Solid Waste Authority of Central Ohio. It is necessary to establish funding in the amount of $150,000.00 for this activity.
This legislation also waives the formal competitive bidding requirements of the Columbus City Code. Even though refuse disposal services are available in the market place other than those offered by SWACO, competitive bidding must be waived because of the City's contractual relationship with SWACO.
This legislation authorizes the expenditure of $1,500,000.00 from the Streets and Highways G.O. Bond Fund for the purchase for the above mentioned materials, tipping fees and reimbursement to the Street Construction Maintenance and Repair Fund for personnel and equipment expenditures associated with the 2014 alley rehabilitation project.
3. CONTRACT COMPLIANCE
Shelly Materials, Inc. contract compliance number is 311574851 and expires 12/16/2016.
Kokosing Materials' contract compliance number is 310980603 and it expires 11/18/2015.
The Solid Waste Authority of Central Ohio's contract compliance number is 311338559 and SWACO is a Non-profit organization.
4. FISCAL IMPACT
Funding for this expenditure totals $1,500,000.00 and is available within the 2013 Streets and Highway G.O. Bond fund No. 704. Capital Improvement Budget amendments and funds transfers are necessary to move monies and authority to the appropriate projects by borrowing money until the 2014 capital budget passes and subsequent bond sale proceeds are deposited.
5. EMERGENCY DESIGNATION
Emergency legislation is requested to have funding available for this project so materials purchases can be made at the earliest possible time to maintain project schedule.
Title
To amend the 2013 Capital Improvements Budget; to authorize and direct the City Auditor to transfer cash and appropriation within the Streets & Highways Bond Fund; to authorize the Director of Finance and Management to establish purchase orders for the purchase of Asphalt Emulsion, Asphalt Concrete and Limestone and Gravel Aggregates per the terms and conditions of current universal term contracts; to waive the formal competitive bidding requirements of the Columbus City Code for tipping at the SWACO landfill; to authorize the Director of Public Service to expend $1,500,000.00 or so much thereof as may be necessary to reimburse the Street Construction, Maintenance and Repair Fund for personnel and equipment associated with the Alley Rehabilitation Project, to buy required commodities and pay tipping fees; and to declare an emergency. ($1,500,000.00)
Body
WHEREAS, the Division of Planning and Operations is engaged in a project to rehabilitate City Alleys; and
WHEREAS, it is necessary to reimburse the Street Construction, Maintenance and Repair Fund for the cost of labor and equipment utilized for this project; and
WHEREAS, it is necessary to amend the 2013 Capital Improvement Budget and transfer funds to the appropriate projects within the Streets and Highways G.O. Bonds Fund; and
WHEREAS, it is necessary to borrow money until the 2014 capital budget passes and subsequent bond sale proceeds are deposited; and
WHEREAS, it is necessary to purchase several commodities to be used for this project; and
WHEREAS, this ordinance authorizes the Director of Finance and Management to establish purchase
orders per the terms and conditions of existing UTCs for Asphalt Emulsion, Limestone and Gravel Aggregates, and Various Asphalt Concrete; and
WHEREAS, it is necessary to dispose of debris collected during this project; 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"); and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Service, Division of Planning and Operations, in that it is immediately necessary to establish funding for the purchase of these materials to make them available for this project this construction season, 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 2013 Capital Improvement Budget authorized by Ordinance 0645-2013 be amended as follows to properly align budget authority with anticipated expenditures as follows:
Proj. No. | Proj. Name | Current | Change | Amended
530104-100004 / Alley Rehab Misc. / $1,142,000 / + $374,355 / $1,516,355 (cancellations)
440005-100000/UIRF - Urban Infrastructure Recovery (voted 2008) $1,585,857 / -$366,845 / $1,219,012
530104-100004 / Alley Rehab Misc. / $1,516,355 / +$366,845 / $1,883,200
SECTION 2. That the City Auditor be and is hereby authorized to transfer cash and appropriation within the Streets and Highways G.O. Bonds Fund, No. 704, as follows:
TRANSFER FROM:
Fund | Project | Project Name |OL1-3 |OCA |Amount
704 / 440005-100000/UIRF-Urban Infrastructure Recovery/06-6600/590050/ -$366,845.37
TRANSFER TO:
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / Amount
704 / 530104-100004/ Alley Rehab Misc. / 06-6600 / 740404 / +$366,845.37
SECTION 3. That the Director of Finance and Management be and hereby is authorized to establish
purchase orders totaling $550,000.00 per the terms and conditions of existing UTCs for Asphalt Emulsion, Various Asphalt Concretes and Limestone and Gravel Aggregates for the Alley Rehabilitation Project for the Division of Planning and Operations.
1. Asphalt Emulsions $345,000.00
Phillips Oil Company of Central Ohio Inc.
1877 McKinley Ave.
Columbus, OH 43222
FL005448 (expires 4/30/2015) (SA004724)
Contract Compliance number: 20-8200717 (expires 9/11/2015)
2. Various Asphalt Concretes $50,000.00
Kokosing Materials
P.O. Box 334
Fredricktown, OH 43019
FL005454 (expires 4/30/2015) (SA004716)
Contract Compliance number: 31-0980603 (expires 11/18/2015)
Shelly Materials, Inc.
1771 Harmon Avenue
Columbus, OH 43223
FL005453 (expires 4/30/2015) (SA004716)
Contract compliance number: 31-1574851 (expires 1/16/2016)
3. Crushed Limestone and Gravel Aggregates $155.000.00
Shelly Materials, Inc.
1771 Harmon Avenue
Columbus, OH 43223
FL005553 (expires 4/30/2015)
Contract compliance number: 311574851 (expires 1/16/2016)
SECTION 4. That the Director of Public Service be and hereby is authorized to establish a contract with the Solid Waste Authority of Central Ohio, Department 1833, Columbus, Ohio 43271, in an amount not to exceed $150,000.00 for payment of refuse tipping fees.
SECTION 5. That for the purpose of reimbursing the Street Construction Maintenance and Repair fund, purchasing various commodities from established universal term contracts and paying for the disposal of construction debris for said alley rehabilitation work, the sum of $1,500,000.00 is hereby authorized to be expended from the Streets and Highways G.O. Bonds Fund, Fund 704, Dept.-Div. 59-11, Division of Planning and Operations, to pay the cost thereof.
Fund / Project / Project Name / O.L. 01-03 Codes / OCA Code / Amount
704 / 530104-100004 / Alley Rehabilitation - Miscellaneous / 06-6621 / 740404 / $1,500,000.00.
SECTION 6. 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 $366,845.37 (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 fund from which the advance for costs of the Project will be made.
SECTION 7. 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 8. 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 9. 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 10. 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.