Explanation
1. BACKGROUND
The City of Columbus, Department of Public Service, Division of Design and Construction currently holds a contract with MP Dory Company for Guardrail and Fence Rehabilitation. This legislation authorizes the Director of Public Service to modify and increase this contract with MP Dory Company in the amount of $250,000.00.
Work performed to date on this contract includes reconstruction of accident damaged guardrail and fence locations and replacement of deteriorating structures.
Work to be performed as part of the modification includes replacement/reconstruction of deteriorating guardrail and fence associated with bridges and bridge approach embankments.
The intent of this contract is to reconstruct damaged guardrail as a result of accidents. This legislation authorizes the use of Capital Funds designated for the bridge program to restore deteriorating guardrail and fences, largely at bridge locations throughout the city.
The Department of Public Service is responsible for maintaining the City's roadway system in a safe manner. Modification of the existing contract will allow for these necessary restorations to occur the in the most expeditious manner.
The original contract amount was $350,000.00. This is modification #1. It is desired to increase the contract amount by $250,000.00 for the described project.
The total contract amount including this modification is $600,000.00.
Searches in the Excluded Party List System (Federal) and the Findings for Recovery list (State) produced no findings against MP Dory Company.
2. CONTRACT COMPLIANCE
MP Dory Company's contract compliance number is 31-1115885 and expires 12/18/11.
3. FISCAL IMPACT
This expense can be accommodated within the Streets and Highways G.O. Bonds Fund, Bridge Rehabilitation - Annual Citywide Contract - Project 1 project, by appropriating and transferring $250,000 within the Special Income Tax Fund. This funding method is a temporary measure and this amount will be restored to the Special Income Tax Fund subsequent to the next note/bond sale for the Division of Design and Construction Capital Improvement Projects.
Title
To authorize the Director of Public Service to execute a contract modification with MP Dory Company in connection with the Bridge Rehabilitation - Guardrail and Fence Rehabilitation project; to authorize and direct the City Auditor to transfer $250,000.00 from the Special Income Tax Fund to the Streets and Highways G.O. Bonds Fund; to authorize the City Auditor to appropriate $250,000.00 within the Streets and Highways G.O. Bonds Fund to authorize the expenditure of $250,000.00 from the Streets and Highways G.O. Bonds Fund for this contract modification. ($250,000.00)
Body
WHEREAS, the Department of Public Service currently holds a contract with MP Dory Company for Guardrail and Fence Rehabilitation; and
WHEREAS, City Auditor's Contract No. EL010048 for the Guardrail and Fence Rehabilitation Project was executed February 10, 2010 and approved by the City Attorney on February 17, 2010; and
WHEREAS, the Director of Public Service has identified the need to modify and increase this contract to provide for additional guardrail and fence rehabilitation by MP Dory Company; and
WHEREAS, this legislation authorizes the first modification to this contract in the amount of $250,000.00; and
WHEREAS, a satisfactory proposal has been submitted by MP Dory Company; and
WHEREAS, it is necessary to transfer funds from the Special Income Tax Fund to 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 aggregate principal amount which the city will issue to finance this project is presently expected not to exceed $250,000.00; 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"); 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 modify and increase a contract with MP Dory Company, 2001 Integrity Drive South, Columbus, Ohio, 43209 for the Guardrail and Fence Rehabilitation project in the amount of $250,000.00, for the Division of Planning and Operations.
Section 2. The sum of $250,000.00 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, 2010 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 said funds to the Streets and Highways G.O. Bonds Fund, 704, at such time as it is deemed necessary by the City Auditor and to expend said funds or so much thereof as may be necessary.
Section 4. That $250,000.00 is hereby appropriated within Fund 704, the Streets and Highways G.O. Bonds Fund, Dept-Div. 59-11, Division of Planning and Operations, Object Level One Code 06, Object Level Three Code 6621, OCA Code 743010 and Project 530301-100010, Bridge Rehabilitation - Annual Citywide Contract Project 1, for the Division of Planning and Operations.
Section 5. That the monies appropriated in the foregoing Section 4 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 6. That upon obtaining other funds for this capital improvement, the City Auditor is hereby authorized and directed to repay the Special Income Tax Fund the amount to repay the Special Income Tax Fund the amount transferred under Section 3 above.
Section 7. 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 8. 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 $250,000.00 (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 9. All funds necessary to carry out the purpose of this ordinance are hereby deemed appropriated.
Section 10. That for the purpose of paying the cost of this contract mod, the sum of $250,000.00 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 / Amount
704 / 530301-100010 / Bridge Rehabilitation - Annual Citywide Contract Project 1 / 06-6621 / 743010 / $250,000.00
Section 11. 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 12. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.