Explanation
1. BACKGROUND:
This legislation authorizes the Director of Public Service to enter into a contract for the construction of the Federal Aid Routes 2009 Resurfacing Project. This project will be funded entirely with American Recovery and Reinvestment Act (ARRA) of 2009 funds through a Local Public Agency agreement between the City and the Ohio Department of Transportation.
This project involves the reconstruction and resurfacing of eight city streets and associated ADA curb ramps along those streets. The eight streets to be improved under this contract include:
a. Hudson St. from East Ave. to Indianola Ave.
b. Indianola ave. from Morse Rd. to Lincoln
c. Miller Ave. from Cole to Livingston Ave.
d. Mooberry St. from 18th Street to Fairwood Ave.
e. Mt. Vernon from Champion Ave. to Taylor Ave.
f. Taylor Ave. from Mt. Vernon to Leonard Ave.
g. Tussing Road from Brice Rd. to Highland Park Drive (Corp. Limit)
h. Woodcrest Rd. from Noe-Bixby Rd. to Livingston Ave.
This bid proposal has been configured to increase the amount of work through alternate bid items that may allow the contract to include Front Street, from Sycamore to just south of Liberty Street, depending on bid results.
2. WAIVER OF REGULATIONS:
The Department of Public Service is requesting that City Council declare this construction procurement effort a Non-Emergency Waiver of Regulations in accordance with Section 329.27 of the Columbus City Codes. This legislation and waiver are necessary to provide the Department with the ability to bid and award the construction contract prior to the return of City Council from their August recess. Due to the fact that roadway resurfacing work is limited to the spring through fall seasons and dependent upon the seasonal availability of asphalt, the Department needs to expedite this procurement activity to give the contractor as much opportunity to perform the work as is possible under the tight schedule and project review requirements associated with the ARRA 2009 Act.
3. EMERGENCY DESIGNATION:
The Department of Public Service is requesting City Council to designate this legislation as an emergency measure in order to allow the Director of Public Service to proceed with an expedited procurement schedule in conformance with the scheduling commitments contained in the City's agreement with ODOT.
4. FISCAL IMPACT
The anticipated project costs and funding for this project is limited to the $3,000,000.00 of ARRA Funds which have been committed within the Local Public Agency Agreement between ODOT and the City of Columbus.
Title
To authorize the Director of Public Service to enter into contract for an amount not to exceed $3,000,000.00 for the cost of construction and construction inspection services in connection with the Federal Aid Routes 2009 Resurfacing Project; to authorize the appropriation and expenditure of $3,000,000.00 from the Federal State Highway Engineering Fund; to waive the competitive bidding requirements of the Columbus City Code, 1959 for purposes of waiving final council approval of the contract award; and to declare an emergency.
Body
WHEREAS, the City of Columbus, Department of Public Service in coordination with the Office of the Mayor, has aggressively pursued funding for the Federal Aid Routes 2009 Resurfacing Project from the American Recovery and Revitalization Act of 2009 (ARRA); and
WHEREAS, the use of these ARRA funds will require the city to comply with all federal and state requirements by following the Ohio Department of Transportation's (ODOT Project Development Process as delineated within the Local Public Agency Agreement between ODOT and the City of Columbus; and
WHEREAS, Ordinance No. 0755-2009, as passed by Columbus City Council on June 8, 2009 authorized the Director of Public Service, on behalf of the City to accept federal funding in connection with the ARRA of 2009, for the River South Phase 2 Improvements Project - PID 86314, the Parsons/Livingston Improvements Project - PID 86311; and the Federal Air Routes 2009 Resurfacing Project - PID 86578; and
WHEREAS, this contract will be awarded according to provisions of the city code regarding competitive bidding, however, due to the seasonal nature of resurfacing work, and to allow the City and its contractor to pursue their best efforts to maintain an accelerated schedule it is necessary to authorize the funding and award of this contract faster than the normal bidding process; and
WHEREAS, it is necessary to authorize the appropriation of these ARRA funds and to amend the 2009 Capital Improvements Budget; and
WHEREAS, it is in the best interest of the City for this City Council to declare a non-emergency waiver of the competitive sealed bidding requirements of the Columbus City Code, 1959, pursuant to the immediate award and construction of this project; and
WHEREAS, an emergency exists in the usual daily operation of the Division of Design and Construction in that the funding should be authorized immediately to maintain an accelerated project schedule, 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 a contract in an amount not to exceed $3,000,000.00 for the Construction of the Federal Aid Routes 2009 Resurfacing Project; and the cost of construction administration and inspection services.
Section 2. That the sum of $3,000,000.00 be and hereby is appropriated from the unappropriated balance of Fund 765, the Federal State Highway Engineering 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, 2009 to Dept-Div. 59-12, the Division of Design and Construction as follows:
Fund / Grant / OCA / Grant Name / O.L. 01-03 Codes / Amount
765 / 598092 / 598092 / Federal Aid Routes 2009 / 06-6600 / $3,000,000.00
Section 3. That for the purpose of paying the cost of the contract, and inspection the sum of $3,000,000.00 or so much thereof as may be needed, is hereby authorized to be expended from the Federal State Highway Engineering Fund, No. 765 for the Division of Design and Construction, Dept.-Div. 59-12 as follows:
Fund / Grant / OCA / Grant Name / O.L. 01-03 Codes / Amount
765 / 598092 / 598092 / Federal Aid Routes 2009 / 06-6631 / $3,000,000.00
Section 4. That in accordance with Section 329.27 of the Columbus City Code, City Council has determined that it is in the best interest of the City of Columbus that the formal competitive bidding requirements of Chapter 329 be and are hereby waived for the procurement construction services for this ARRA project.
Section 5. That this City Council recognizes this ordinance does not identify the contractor to whom the contract will be awarded and understands that its passage will give the Director of Public Service the final decision in the determination of the lowest, best, and most responsive bidder for such contract, and that this City Council is satisfied it is in the best interests of the City to delegate this contracting decision.
Section 6. 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 7. 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.