Explanation
1. BACKGROUND
This legislation authorizes the Director of Public Service to enter into a contract for the construction of the Resurfacing - Resurfacing 2014 Project 2 project and to provide payment for construction administration and inspection services.
This contract consists of repairing and resurfacing 122 88 city streets and constructing 509 636 ADA curb ramps along those streets, milling the existing pavement, overlaying with new asphalt concrete, minor curb replacement, and replacing curb and sidewalk associated with installing ADA wheelchair ramps. Where warranted the plans also call for areas of full depth pavement repair and other such work as may be necessary to complete the contract in accordance with the plans and specifications set forth in the Bid Submittal Documents.
The estimated Notice to Proceed date is April 23, 2014. The project was let by the Office of Support Services through Vendor Services and Bid Express. Four bids were received on March 4, 2014 (four majority) and tabulated on March 5, 2014 as follows:
Company Name Bid Amt City/State Majority/MBE/FBE
The Shelly Company $8,894,430.33 Columbus, OH Majority
Strawser Paving Company, Inc. $9,050,261.80 Columbus, OH Majority
Kokosing Construction Company $9,100,438.83 Columbus, OH Majority
Shelly and Sands, Inc. $9,415,239.88 Columbus, OH Majority
Award is to be made to The Shelly Company as the lowest responsive and responsible and best bidder. The contract amount will be $8,894,430.33. The amount for construction administration and inspection services will be $800,500.00. The total legislated amount is $9,694,930.33.
Searches in the System for Award Management (Federal) and the Findings for Recovery list (State) produced no findings against The Shelly Company.
2. CONTRACT COMPLIANCE
The Shelly Company's contract compliance number is 311279704 and expires 3/13/15.
3. FISCAL IMPACT
Funding for this project is budgeted within the 2014 Capital Improvements Budget, which currently is pending approval by Council; therefore it is necessary to certify funds needed in the amount of $9,694,930.33 against the Special Income Tax Fund.
4. EMERGENCY DESIGNATION
Emergency action is requested in order for the 2014 Resurfacing Program to begin as early as possible and perform necessary reconstruction to City streets in need of rehabilitation.
Title
To authorize the Director of Public Service to enter into contract with The Shelly Company to provide for the payment of the contract and construction administration and inspection services, in connection with the Resurfacing Program; to authorize and direct the City Auditor to appropriate and transfer $9,694,930.33 from the Special Income Tax Fund to the Streets and Highways Bonds Fund; to authorize the City Auditor to appropriate $9,694,930.33 within the Streets and Highways Bonds Fund; to authorize the expenditure of $9,694,930.33 from the Streets and Highways Bonds Fund; and to declare an emergency. ($9,694,930.33)
Body
WHEREAS, the City of Columbus Department of Public Service is engaged in the Resurfacing - Resurfacing 2014 Project 2 project; and
WHEREAS, work on this contract consists of repairing and resurfacing 12288 city streets and constructing 509636 ADA curb ramps along those streets, milling the existing pavement, overlaying with new asphalt concrete, minor curb replacement, and replacing curb and sidewalk associated with installing ADA wheelchair ramps. Where warranted the plans also call for areas of full depth pavement repair and other such work as may be necessary to complete the contract in accordance with the plans and specifications set forth in the Bid Submittal Documents; and
WHEREAS, The Shelly Company will be awarded the contract for the Resurfacing - Resurfacing 2014 Project 2 project; and
WHEREAS, it is necessary to enter into contract with The Shelly Company; 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 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 $9,694,930.33; 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. That the Director of Public Service be and is hereby authorized to enter into contract with The Shelly Company, 1771 Harmon Avenue, Columbus, Ohio, 43223, for the construction of the Resurfacing - Resurfacing 2014 Project 2 project in an amount up to $8,894,430.33 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 $800,500.00.
SECTION 2. The sum of $9,694,930.33 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, 2014 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 and appropriate said funds in SECTION 2 to the Streets and Highways G.O. Bonds Fund, Fund 704 as follows:
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / Amount
704 / 540002-100026 / Bikeway Development - Pavement Marking and Signage Contract / 06-6600 / 740226 / $88,812.11
704 / 590105-100000 / Pedestrian Safety Improvements / 06-6600 / 591089 / $44,510.15
704 / 530282-100075 / Resurfacing - Far Northwest / 06-6600 / 748275 / $513,787.59
704 / 530282-100076 / Resurfacing - Far North / 06-6600 / 748276 / $36,554.40
704 / 530282-100078 / Resurfacing - Northwest / 06-6600 / 748278 / $242,724.70
704 / 530282-100079 / Resurfacing - Northland / 06-6600 / 748279 / $1,309,855.74
704 / 530282-100083 / Resurfacing - Clintonville / 06-6600 / 748283 / $743,954.32
704 / 530282-100084 / Resurfacing - North Linden / 06-6600 / 748284 / $3,135,330.64
704 / 530282 100086 / Resurfacing - Near North/University / 06-6600 / 748286 / $278,942.56
704 / 530282-100088 / Resurfacing - Hilltop / 06-6600 / 748288 / $1,658,103.48
704 / 530282-100093 / Resurfacing - Eastmoor/Walnut Ridge / 06-6600 / 748293 / $505,604.09
704 / 530282 100096 / Resurfacing - Far South / 06-6600 / 748296 / $627,491.96
704 / 530282-100101 / Resurfacing - Citywide / 06-6600 / 704101 / $509,258.59
SECTION 4. That the monies appropriated in the foregoing Section 3 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 3.
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 3 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 $9,694,930.33 (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. All funds necessary to carry out the purpose of this ordinance are hereby deemed appropriated.
SECTION 9. That for the purpose of paying the cost of the contract and inspection, the sum of $9,694,930.33 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, for the Division of Design and Construction, Dept.-Div. 59-12
Contract ($8,894,430.33)
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / Amount
704 / 540002-100026 / Bikeway Development - Pavement Marking and Signage Contract / 06-6631 / 740226 / $81,479.00
704 / 590105-100000 / Pedestrian Safety Improvements / 06-6631 / 591089 / $40,835.00
704 / 530282-100075 / Resurfacing - Far Northwest / 06-6631 / 748275 / $468,760.24
704 / 530282-100076 / Resurfacing - Far North / 06-6631 / 748276 / $33,368.40
704 / 530282-100078 / Resurfacing - Northwest / 06-6631 / 748278 / $221,571.70
704 / 530282-100079 / Resurfacing - Northland / 06-6631 / 748279 / $1,195,527.98
704 / 530282-100083 / Resurfacing - Clintonville / 06-6631 / 748283 / $679,121.32
704 / 530282-100084 / Resurfacing - North Linden / 06-6631 / 748284 / $2,861,919.01
704 / 530282-100086 / Resurfacing - Near North/University / 06-6631 / 748286 / $254,633.56
704 / 530282-100088 / Resurfacing - Hilltop / 06-6631 / 748288 / $1,513,605.48
704 / 530282-100093 / Resurfacing - Eastmoor/Walnut Ridge / 06-6631 / 748293 / $461,542.09
704 / 530282-100096 / Resurfacing - Far South / 06-6631 / 748296 / $572,807.96
704 / 530282-100101 / Resurfacing - Citywide / 06-6631 / 704101 / $509,258.59
Inspection ($800,500.00)
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / Amount
704 / 540002-100026 / Bikeway Development - Pavement Marking and Signage Contract / 06-6687 / 740226 / $7,333.11
704 / 590105-100000 / Pedestrian Safety Improvements / 06-6687 / 591089 / $3,675.15
704 / 530282-100075 / Resurfacing - Far Northwest / 06-6687 / 748275 / $45,027.35
704 / 530282-100076 / Resurfacing - Far North / 06-6687 / 748276 /$3,186.00
704 / 530282-100078 / Resurfacing - Northwest / 06-6687 / 748278 / $21,153.00
704 / 530282-100079 / Resurfacing - Northland / 06-6687 / 748279 / $114,327.76
704 / 530282-100083 / Resurfacing - Clintonville / 06-6687 / 748283 / $64,833.00
704 / 530282-100084 / Resurfacing - North Linden / 06-6687 / 748284 / $273,411.63
704 / 530282 100086 / Resurfacing - Near North/University / 06-6687 / 748286 / $24,309.00
704 / 530282-100088 / Resurfacing - Hilltop / 06-6687 / 748288 / $144,498.00
704 / 530282-100093 / Resurfacing - Eastmoor/Walnut Ridge / 06-6687 / 748293 / $44,062.00
704 / 530282 100096 / Resurfacing - Far South / 06-6687 / 748296 / $54,684.00
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.