Explanation
This legislation authorizes the Public Service Director to enter into a contract on behalf of the Transportation Division in an amount up to $5,189,810.05 for the Rarig Avenue, Sixth Avenue and Seventh Avenue Improvement project, to pay construction inspection costs up to $585,000.00, to pay the Electricity Division for utility relocation force account work up to $20,000.00, to pay the Transportation Division for signal and sign force account work up to $20,000.00 and to extend the sub-lease agreement with the East Columbus Civic Association in the amount of $12,000.00 for rental of office space for the inspection personnel.
This improvement details the construction of Rarig Avenue from Fifth Avenue to Tenth Avenue, Sixth Avenue from Cassady Avenue to Sterling Avenue, and Seventh Avenue from Cassady Avenue to Gould Road and includes waterline work, a new storm drain system, new pavement, street lighting, sidewalks and other infrastructure improvements. A map is attached. The contract provides for construction to be completed by November 18, 2005 and has provisions that limit the duration of any individual block closure to 75 days. This project was advertised by the Transportation Division in The City Bulletin, Dodge Reports and by the Builders Exchange. The Transportation Division solicited fourteen bidders/suppliers (12 majority, 2 minority) and four bids were received (all majority) on March 11, 2004 as follows:
Bidder Amount Bid
Shelly & Sands, Incorporated $5,189,810.05
Complete General Construction Company $5,194,626.10
Trucco Construction Company, Inc. $5,268,840.53
Columbus Asphalt Paving, Incorporated $5,573,492.00
Shelly & Sands, Incorporated, contract compliance #31-4351261 (expiring 1/28/05) meets the quality contractor criteria. The Transportation Division recommends the bid award to Shelly & Sands, Inc., as the lowest, best, most responsive and most responsible bidder. East Columbus Civic Association is a not-for-profit organization, contract compliance #31-1318185.
Emergency action is requested so that the improvement may be completed by the end of the 2005 construction season.
This project is being jointly funded by the Transportation and Sewerage and Drainage Divisions. This ordinance authorizes the transfer of $1,547,160.40 between projects within the 1995, 1999 Voted Streets and Highways Fund and certifies against the Special Income Tax Fund in the amount of $3,340,413.26 for the Transportation Division's share of costs that total $4,887,573.66. The Special Income Tax Fund certification is a temporary measure until the City sells notes or bonds to fund this capital improvement and is necessary because the Transportation Division has exhausted all cash in its Voted Fund. The Sewerage and Drainage Division will fund $939,236.39 for stormwater infrastructure improvements. These funds are being provided through the transfer of funds from the Storm Sewer System Reserve Fund to the Storm Sewer Bond Fund as requested within companion Ordinance 0588-2004. The total amount authorized for expenditure within this ordinance is $5,826,810.05.
Title
To authorize the transfer of $1,547,160.40 between projects within the 1995, 1999 Voted Streets and Highways Fund; to appropriate and authorize the City Auditor to transfer $3,340,413.26 from the Special Income Tax Fund to the 1995, 1999 Voted Streets and Highways Fund; to authorize the Public Service Director to enter into a contract with Shelly and Sands, Incorporated, for construction of the Rarig Avenue, Sixth Avenue and Seventh Avenue Improvement project (Krumm Park) for the Transportation Division; to authorize the expenditure of $4,887,573.66 and $939,236.39 from the 1995, 1999 Voted Streets and Highways Fund and the Storm Sewer Bond Fund, respectively, and to declare an emergency. ($5,826,810.05)
Body
WHEREAS, bids were received and tabulated on March 11, 2004, for the Rarig Avenue, Sixth Avenue and Seventh Avenue Improvement project; and
WHEREAS, a satisfactory bid has been received; and
WHEREAS, it is necessary to provide for construction inspection, Transportation and Electricity Division force account work and the project-related rental of local office space from the East Columbus Civic Association; and
WHEREAS, it is necessary to authorize the appropriation and transfer of funds for the project to proceed; 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 the project is presently expected not to exceed $3,213,251.20; and
WHEREAS, it is immediately necessary to both appropriate said funds from the Special Income Tax Fund and transfer said funds into the 1995, 1999 Voted Streets and Highways Fund; and
WHEREAS, an emergency exists in the usual daily operation of the Public Service Department, Transportation Division, in that it is necessary to transfer and appropriate funds for the project and award the contract immediately so that the work may proceed without delay, thereby allowing the roadway to reopen to traffic by the end of the 2005 construction season; now, therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the transfer of funds be and hereby is authorized within the 1995, 1999 Voted Streets and Highways Fund, Fund 704, for the Transportation Division, Department No. 59-09, as follows:
TRANSFER FROM:
Project#/ Project / Object Level 01/03 Codes/ OCA Code/ Amount
440104/ Miscellaneous Economic Development / 06/6631/ 643031 / $175,013.43
530303/ Columbus Housing Initiative/ 06/6631/ 530801 /$40,600.00
530801/ Downtown Streetscape Improvement/ 06/6631/ 530801/ $289,200.00
590108/ Land Assemblage/ 06/6631 /590108/ $1,042,346.97
Total Transfer From: $1,547,160.40
TRANSFER TO:
Project#/ Project / Object Level 01/03 Codes/ OCA Code/ Amount
530010/ Krumm Park/ 06/6631/ 644385/ $1,547,160.40
Total Transfer To: $1.547,160.40
SECTION 2. That the sum of $3,340,413.26 be and hereby is 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, 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 said funds to the 1995, 1999 Voted Streets and Highways Fund 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 amount of $3,340,413.26 be and hereby is appropriated to the 1995, 1999 Voted Streets and Highways Fund, Fund 704, for the Transportation Division, Department No. 59-09, Object Level One Code 06, Object Level Three Code 6631 and Project 530010.
SECTION 5. That the City Auditor is authorized to establish proper project accounting numbers as appropriate.
SECTION 6. That upon obtaining other funds for the Rarig Avenue, Sixth Avenue and Seventh Avenue 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 7. 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 8. 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 9. That the Public Service Director be and hereby is authorized to enter into a contract with Shelly and Sands, Incorporated, P.O. Box 2469, 1515 Harmon Avenue, Columbus, Ohio 43216, for the construction of the Rarig Avenue, Sixth Avenue and Seventh Avenue Improvement project in the amount of $5,189,810.05 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; to obtain and pay for the necessary inspection costs associated with the project up to a maximum of $585,000.00; to pay for required utility relocation work by the Electricity Division up to a maximum of $20,000.00 and to pay for signal and signing work by the Transportation Division up to a maximum of $20,000.00; therefore.
SECTION 10. That the Public Service Director be and hereby is authorized to extend a sub-lease (EA-031290-002) with the East Columbus Civic Association, 2743 East Fifth Avenue, Columbus, Ohio 43219, for use of project-related office space in the amount of $1,000.00 per month up to a maximum of $12,000.00 (additional to any existing balance on EA-031290-002) for the Transportation Division in accordance with the sub-lease agreement on file in the office of the Public Service Director.
SECTION 11. That for the purpose of paying the cost of the construction contract, inspection, force account electric relocation work, force account signal and signing work and office space rental, the sum of $5,826,810.05, or so much thereof as may be necessary is hereby authorized to be expended from the 1995, 1999 Voted Streets and Highways Fund and the Voted 1999 Voted Flood and Storm Sewer Fund as follows:
Fund/ Department No./ Project No./ Project/ Object Level 01/03 Codes/ OCA Code/ Amount
704/ 59-09/ 530010/ Krumm Park/ 06/6631/ 644385/ $4,887,573.66
685/ 60-15/ 610542/ 6th, 7th & Rarig/ 6621/ 685542/ $939,236.39
Total: $5,826,810.05
SECTION 12. 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.