Explanation
This legislation authorizes the City to enter into a contract in an amount up to $3,374,470.10 for the Resurfacing 2004 Project 1 (OPWC) project and to pay construction inspection costs up to $299,621.00. This improvement details the planing and resurfacing of various streets and the construction of Americans with Disabilities Act (ADA)-conforming wheelchair ramps. The Notice to Proceed will be issued on or about July 9, 2004. This project has been given 150 calendar days for completion. The project was advertised in the Columbus City Bulletin and Dodge Reports and by the Builders Exchange and was let by the Transportation Division. Fourteen bidders/suppliers were solicited (11 majority, 3 minority) and seven bids were received (7 majority, 0 minority) and tabulated on April 22, 2004 as follows:
Contractor / Bid Amount
Shelly and Sands, Incorporated / $3,374,470.10
Miller Pavement Maintenance / $3,486,389.65
Decker Construction Company / $3,757,251.28
The Shelly Company / $3,765,659.06
Kokosing Construction Company, Incorporated / $3,785,233.66
Columbus Asphalt Pavement / $3,824,450.75
Strawser Paving Company, Incorporated / $3,838,605.01
The division recommends that the contract be awarded to Shelly and Sands, Incorporated, Contract Compliance No. 31-4351261 (expiring January 28, 2005), as being the lowest, best, most responsive and most responsible bid.
Fiscal Impact: The total cost of this contract including construction inspection is $3,674,091.10. Ohio Public Works Commission funding is available in the amount of $1,283,940.52 for wheelchair ramp construction associated with this project. The balance of $2,390,150.58 is financed using all remaining unencumbered cash available to the Transportation Division within the 1995, 1999 Voted Streets and Highways Fund ($849,892.56) and a certification against the Special Income Tax Fund in the amount of $1,540,258.02. The Special Income Tax Fund certification is a temporary measure until the City sells notes or bonds to fund this capital improvement. This ordinance transfers cash between projects within the 1995, 1999 Voted Streets and Highways Fund, provides for the Special Income Tax Fund transfer and appropriation, transfers the city match money to the Local Transportation Improvement Program Fund, appropriates the city match and OPWC money within that Fund and authorizes the contract and expenditure of funds. Presently $309,621.87 resides in the resurfacing project in the 1995, 1999 Voted Streets and Highways Fund.
Emergency action is requested so that resurfacing can begin and be completed within the 2004 construction season.
Title
To authorize the City Auditor to transfer $540,270.69 between projects within the 1995, 1999 Voted Streets and Highways Fund; to appropriate and authorize the City Auditor to transfer $1,540,258.02 from the Special Income Tax Fund to the 1995, 1999 Voted Streets and Highways Fund; to authorize the City Auditor to transfer $2,390,150.58 from the 1995, 1999 Voted Streets and Highways Fund to the Local Transportation Improvement Program Fund; to appropriate $3,674,091.10 within the Local Transportation Improvement Program Fund; to authorize the Public Service Director to enter into contract with Shelly and Sands, Incorporated, for the Resurfacing 2004 Project 1 (OPWC) project for the Transportation Division; to authorize the expenditure of $3,674,091.10 from the Local Transportation Improvement Program Fund, and to declare an emergency. ($3,674,091.10)
Body
WHEREAS, bids were received and tabulated on April 22, 2004, for the Resurfacing 2004 Project 1 (OPWC) project, and
WHEREAS, the Transportation Division recommends acceptance of the lowest, best, most responsive and most responsible bid submitted by Shelly and Sands, Incorporated, and
WHEREAS, it is necessary to provide for construction inspection costs, and
WHEREAS, it is necessary to both appropriate funds from the Special Income Tax Fund and transfer said funds into the 1995, 1999 Voted Streets and Highways Fund, and
WHEREAS, the City will sell notes or bonds for the aforementioned project and will reimburse the Special Income Tax Fund, 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 project is presently expected not to exceed $1,540,258.02, and
WHEREAS, an emergency exists in the usual daily operation of the Transportation Division, Public Service Department, in that the contract should be awarded immediately so that resurfacing can begin and be completed within the 2004 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 City Auditor be and hereby is authorized to transfer $540,270.69 between projects within Fund 704, the 1995, 1999 Voted Streets and Highways Fund, Department No. 59-09, Transportation Division, as follows:
TRANSFER FROM
Project # / Project / O.L. One /O.L. Three Codes / OCA Code / Amount
440104 / Miscellaneous Economic Development / 06 / 6600 / 644385 / $35,108.45
530021 / Urban Infrastructure / 06 / 6600 / 644385 / $10.00
530058 / Neighborhood Commercial Revitalization / 06 / 6600 / 644385 / $10,000.00
530086 / Miscellaneous Intersection Improvements / 06 / 6600 / 644385 / $200.00
530161 / Roadway Improvements / 06 / 6600 / 644385 / $449,864.22
530801 / Downtown Streetscapes / 06 / 6600 / 644385 / $44,647.68
540003 / Computerized Signals / 06 / 6600 / 644385 / $440.34
TOTAL TRANSFER FROM: $540,270.69
TRANSFER TO
Project # / Project / O.L. One / O.L. Three Codes / OCA Code
530282 / Resurfacing / 10 / 5501 / 644385 / $540,270.69
TOTAL TRANSFER TO: $540,270.69
SECTION 2. That the sum of $1,540,258.02 be and hereby is appropriated from the unappropriated balance of Fund 430, the Special Income Tax 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, 2004, to the City Auditor, Department No. 22-01, Object Level One Code 10, Object Level Three Code 5502 and OCA Code 902023.
SECTION 3. That the City Auditor is hereby authorized to transfer and to appropriate said funds to Fund 704, the 1995, 1999 Voted Streets and Highways Fund, Department No. 59-09, Transportation Division, Object Level One Code 10, Object Level Three Code 5501, OCA Code 644385, Project 530282 ($1,290,258.02) and Project 530210 ($250,000.00) 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 City Auditor is authorized to establish proper project accounting numbers as appropriate.
SECTION 5. That upon obtaining other funds for the Resurfacing 2004 Project 1 (OPWC) project, the City Auditor is hereby authorized to repay the Special Income Tax Fund the amount transferred under Section 3 above, and said funds are hereby deemed appropriated for such purpose.
SECTION 6. That the City Auditor is authorized to make any accounting changes to revise the funding source for any contract or contract modification associated with expenditure of the funds transferred in 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 promulgated pursuant to the Internal Revenue Code of 1986, as amended.
SECTION 8. That monies be transferred between Funds as follows:
TRANSFER FROM:
Fund / Project # / Project / O.L. 01 /O.L. 03 Codes / OCA Code / Amount
704 / 530282 / Transfer / 10 / 5501 / 644385 / $2,140,150.58
704 / 530210 / Transfer / 10 / 5501 / 644385 / $250,000.00
Total transfer from: $2,390,150.58
TRANSFER TO:
Fund/ Grant # / Grant / O.L. 01 / O.L. 03 Codes / OCA Code / Amount
763 / 563001 / Resurfacing / 80 / 0886 / 563001 / $2,390,150.58
Total transfer to: $2,390,150.58
SECTION 9. That the sum of $3,674,091.10 be and hereby is hereby appropriated from the unappropriated balance of the Local Transportation Improvement Program Fund, Fund 763, 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, 2004, to Department No. 59-09, Transportation Division, Object Level One Code 06, Object Level Three Code 6631, OCA Code 563001 and Grant 563001.
SECTION 10. That the monies appropriated within the foregoing Section 9 shall be paid upon order of the Public Service Director 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 11. That the Public Service Director be and hereby is authorized to enter into a contract with Shelly and Sands, Incorporated, 1515 Harmon Avenue, Columbus, Ohio 43223-3309, for the construction of the Resurfacing 2004 Project #1 - OPWC project in the amount of $3,374,470.10 for the Transportation Division in accordance with the specifications and plans on file in the office of the Public Service Director, which are hereby approved, and to obtain and pay for the necessary inspection costs associated with the project up to a maximum of $299,621.00 therefore.
SECTION 12. That for the purpose of paying the cost of the contract and inspection, the sum of $3,674,091.10, or so much thereof as may be needed, is hereby authorized to be expended from the Local Transportation Improvement Project Fund, Fund 763, Transportation Division, Department No. 59-09, Object Level One Code 06, Object Level Three Code 6631, OCA Code 563001 and Grant 563001.
SECTION 13. 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.