Explanation
1. BACKGROUND
This legislation authorizes the Director of Public Service to enter into a contract for the Arterial Street Rehabilitation - Karl Road SR 161 to Schrock Road project and to provide payment for construction administration and inspection services.
The work for this project consists of the roadway rehabilitation from an access road north of SR 161 to Schrock Road, with additional work at the southwest corner of SR 161 and Karl Road. The roadway will be replaced to the subgrade, new curb & gutter will be constructed. New sidewalks will also be constructed with curb ramps, as well as lighting, storm sewer, and some water line. Some new signalization elements will be constructed at Karl and Schrock. The intersection at Karl and Alpine will be widened to add left-turn lanes from Karl into Alpine. There will also be construction of curb ramps at the southwest corner of SR 161 and Karl Road, and other such work as may be necessary to complete the contract in accordance with the plans and specifications.
The estimated Notice to Proceed date is May 14, 2013. The project was let by the Office of Support Services through Vendor Services and Bid Express. Seven bids were received on March 28, 2013, (seven majority) and tabulated as follows:
Company Name Bid Amount City/State Majority/MBE/FBE
Shelly and Sands, Inc. $4,303,892.06 Columbus, Ohio Majority
Kenmore Const. Co., Inc. $4,683,049.25 Akron, Ohio Majority
GEORGE J. IGEL & CO., INC. $4,857,935.55 Columbus, Ohio Majority
Double Z Const. Co. $4,867,584.50 Columbus, Ohio Majority
Trucco Construction Co. $4,962,038.20 Delaware, Ohio Majority
Complete General Const. Co. $5,116,486.93 Columbus, Ohio Majority
Nickolas Savko & Sons, Inc. $5,724,150.08 Columbus, Ohio Majority
Award is to be made to Shelly and Sands, Inc., as the lowest responsive and responsible and best bidder. The contract amount will be $4,303,892.06. The amount for construction administration and inspection services will be $430,389.21.
Searches in the System for Award Management (Federal) and the Findings for Recovery list (State) produced no findings against Shelly and Sands, Inc.
2. CONTRACT COMPLIANCE
The contract compliance number for Shelly and Sands, Inc. is 314351261 and expires on 1/23/14.
3. FISCAL IMPACT
This project is funded in the 2013 Capital Improvements Budget. Bonds have not yet to be sold for this project; therefore it is necessary to certify funds needed in the amount of $4,734,281.27 against the Special Income Tax Fund. Upon sale of the bonds, this will be reimbursed.
4. EMERGENCY DESIGNATION
Emergency action is requested in order to provide for necessary road rehabilitation work at the earliest possible time to ensure the safety of the travelling public.
Title
To authorize and direct the City Auditor to appropriate and transfer $4,734,281.27 from the Special Income Tax Fund to the Streets and Highways Bonds Fund; to authorize the City Auditor to appropriate $4,734,281.27 within the Streets and Highways Bonds Fund; to authorize the Director of Public Service to enter into contract with Shelly and Sands, Inc. for the Arterial Street Rehabilitation - Karl Road SR 161 to Schrock Road project; to provide for the payment of construction administration and inspection services in connection with the project; to authorize the expenditure of up to $4,734,281.27 from the Streets and Highways Bond Fund; and to declare an emergency. ($4,734,281.27)
Body
WHEREAS, the City of Columbus Department of Public Service is engaged in the Arterial Street Rehabilitation - Karl Road SR 161 to Schrock Road project; and
WHEREAS, work on this project consists of the roadway rehabilitation from an access road north of SR 161 to Schrock Road, with additional work at the southwest corner of SR 161 and Karl Road.; and
WHEREAS, Shelly and Sands, Inc. will be awarded the contract for the Arterial Street Rehabilitation - Karl Road SR 161 to Schrock Road project; and
WHEREAS, it is necessary to enter into contract with Shelly and Sands, Inc.; and
WHEREAS, it is necessary to provide for construction administration and inspection services; and
WHEREAS, it is necessary to transfer funds from the Special Income Tax Fund to fund 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 aggregated principal amount of obligations which the City will issue to finance this project is presently expected not to exceed $4,734,281.27; 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 Division of Design and Construction in that this project should proceed immediately for the rehabilitation of this road to ensure the safety of the travelling 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. The sum of $4,734,281.27 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, 2013 to the City Auditor, Department 22-01, Object Level One 10, OCA code 902023, Object Level Three 5502.
SECTION 2. That the City Auditor is hereby authorized to transfer and appropriate said funds in SECTION 1 to the Streets and Highways G.O. Bonds Fund, Fund 704 as follows:
Fund / Project Number / Project Name / O.L. 01-03 Codes / OCA / Amount
704 / 530103-100015 / Arterial Street Rehabilitation - Karl Road/SR161 - Schrock Road / 06-6600 / 740315 / $4,734,281.27
SECTION 3. That the Director of Public Service be and is hereby authorized to enter into contract with Shelly and Sands, Inc., 1515 Harmon Avenue, Columbus, Ohio, 43223, for the construction of the Arterial Street Rehabilitation - Karl Road SR 161 to Schrock Road project in an amount up to $4,303,892.06 or so much thereof as may be needed, for the Division of Design and Construction in accordance with the specifications and plans on file in the Office of Support Services, which are hereby approved; and to pay for the necessary inspection costs associated with the project up to a maximum of $430,389.21.
SECTION 4. That the monies appropriated in the foregoing Section 2 shall be paid upon order of the Director of Public Service and that no order shall be drawn or money paid except by voucher, the form of which shall be approved by the City Auditor.
SECTION 5. That upon obtaining other funds for this project for the Department of Public Service, 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 make any accounting changes to revise the funding source for any contract(s) or contract modification(s) associated with the expenditure of the funds transferred under 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 $4,734,281.27 (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 8. That for the purpose of paying the cost of this contract and inspection, the sum of $4,734,281.27 or so much thereof as may be needed, is hereby authorized to be expended from the Streets and Highways G.O. Bonds Fund, No. 704, as follows:
Fund / Project / Project Name / O.L. 01-03 Codes / OCA Code / Amount
704 / 530103-100015 / Arterial Street Rehabilitation - Karl Road/SR161 - Schrock Road / 06-6631 / 740315 / $4,303,892.06
704 / 530103-100015 / Arterial Street Rehabilitation - Karl Road/SR161 - Schrock Road / 06-6687 / 740315 / $430,389.21
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 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 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.