Explanation
1. BACKGROUND:
This legislation authorizes the Director of Public Service to enter into a contract for the construction of the Resurfacing - 2012 Package1 project.
This contract consists of the rehabilitation and resurfacing of fifty eight (58) city streets and constructs 613 ADA curb ramps along those streets. The work consists of milling the existing pavement, overlaying with new asphalt concrete, curb replacement, and replacement of curb and sidewalk associated with the installation of ADA wheelchair ramps. Where warranted, the plans also call for areas of full depth pavement rehabilitation. As part of this project 95,755 square feet of sidewalk will be added or reconstructed.
The estimated Notice to Proceed date is May 16, 2012. The project was let by the Office of Support Services through Vendor Services and Bid Express. 3 bids were received on March 22, 2012 (3 majority) and tabulated on March 23, 2012 as follows:
Company Name Bid Amt City/State Majority/MBE/FBE
The Shelly Company $7,517,336.71 Columbus, OH Majority
Kokosing Construction Company $7,575,959.73 Columbus, OH Majority
Shelly and Sands, Inc. $7,792,252.44 Columbus, OH Majority
Award is to be made to The Shelly Company, which was the lowest responsive and responsible and best bidder.
Searches in the Excluded Party List System (Federal) and the Findings for Recovery list (State) produced no findings against The Shelly Company.
2. CONTRACT COMPLIANCE
The Shelly Company contract compliance number is 311279704 and expires 4/5/13.
3. BID WAIVER
This ordinance authorizes competitive bidding requirements of the Columbus City Code be waived. The bid procedure according to Section 329.09 was followed; however, a legal dispute arose concerning the proper application of the local bidder credit in this section. Waiver of the requirements of this section will avoid the potential delay or interruption of this project, and is necessary to ensure that the City does not needlessly pay an additional $58,623.02 on this contract.
4. FISCAL IMPACT
This project is programmed in the 2012 C.I.B. Bonds have not yet to be sold for this project, therefore it is necessary to certify funds needed in the amount of $8,193,897.01 against the Special Income Tax Fund. Upon sale of the bonds, this will be reimbursed.
5. EMERGENCY DESIGNATION.
Emergency action is requested in order for the 2012 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 - 2012 Package 1 contract; to waive the competitive bidding requirements of Section 329.09 of the Columbus City Code, 1959; to amend the 2012 C.I.B.; to authorize and direct the City Auditor to transfer $8,193,897.01 from the Special Income Tax Fund to the Streets and Highways G.O. Bonds Fund; to authorize the City Auditor to appropriate $8,193,897.01 within the Streets and Highways G.O. Bonds Fund; to authorize the expenditure of $8,193,897.01 from the Streets and Highways G.O. Bonds Fund; and to declare an emergency. ($8,193,897.01)
Body
WHEREAS, the Division of Design and Construction is responsible for the construction and rehabilitation of roadways within the City of Columbus; and
WHEREAS, it is necessary to enter into contract to provide for the rehabilitation of these City streets as part of the Resurfacing - 2012 Package 1 project; and
WHEREAS, bids were received on March 22, 2012, and tabulated on March 23, 2012, for the Resurfacing - Resurfacing - 2012 Package 1 project and a satisfactory bid has been received; and
WHEREAS, it is necessary to provide for construction administration and inspection costs; and
WHEREAS, it is in the best interest of the City for this City Council to waive the competitive bidding requirements of Section 329.09 of the Columbus City Code, 1959, in order to avoid the potential delay or interruption of this important local improvement project and to ensure that the City does not needlessly pay an additional $58,623.02 on this contract; and
WHEREAS, it is necessary to transfer funds from the Special Income Tax Fund to fund 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 aggregated principal amount of obligations which the City will issue to finance this project is presently expected not to exceed $8,193,897.01; 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 the funding should be authorized immediately to perform necessary reconstruction to City streets in need of rehabilitation and to maintain the 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 contract with The Shelly Company, 1771 Harmon Avenue, Columbus, Ohio, 43223 for the construction of the Resurfacing - 2012 Package 1 project in the amount of $7,517,336.71 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 obtain and pay for the necessary inspection costs associated with the project up to a maximum of $676,560.30.
SECTION 2. That the 2012 Capital Improvement Budget authorized by ordinance 0368-2012 be and is hereby amended to provide sufficient authority for this project as follows:
Fund/Project / Project Name /OCA/ Current / Change / Amended
704 / 530282-100051 / Resurfacing - Resurfacing Contracts (Voted 2008) / $26,582,000.00 / ($8,193,902.00) / $18,388,098.00
704 / 530282-100076 / Resurfacing - Far North (Voted 2008) / $0.00 / $438,374.00 / $438,374.00
704 / 530282-100078 / Resurfacing - Northwest (Voted 2008) / $0.00 / $771,046.00 / $771,046.00
704 / 530282-100079 / Resurfacing - Northland (Voted 2008) / $0.00 / $1,424,100.00 / $1,424,100.00
704 / 530282-100082 / Resurfacing - West Olentangy (Voted 2008) / $0.00 / $1,488,832.00 / $1,488,832.00
704 / 530282-100083 / Resurfacing - Clintonville (Voted 2008) / $0.00 / $1,058,652.00 / $1,058,652.00
704 / 530282-100084 / Resurfacing - North Linden (Voted 2008) / $0.00 / $1,418,364.00 / $1,418,364.00
704 / 530282-100085 / Resurfacing - Northeast (Voted 2008) / $0.00 / $35,234.00 / $35,234.00
704 / 530282-100086 / Resurfacing - Near North - University (Voted 2008) / $0.00 / $614,543.00 / $614,543.00
704 / 530282-100087 / Resurfacing - South Linden (Voted 2008) / $0.00 / $468,691.00 / $468,691.00
704 / 530282-100101 / Resurfacing - Citywide (Voted 2008) / $0.00 / $676,560.30 / $476,066.00
SECTION 3. The sum of $8,193,897.01 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, 2012 to the City Auditor, Department 22-01, Object Level One 10, OCA code 902023, Object Level Three 5502.
SECTION 4. That the City Auditor is hereby authorized to transfer and appropriate said funds in SECTION 3 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 / 530282-100076 / Resurfacing - Far North / 06-6600 / 748276 / $438,373.49
704 / 530282-100078 / Resurfacing - Northwest / 06-6600 / 748278 / $771,045.70
704 / 530282-100079 / Resurfacing - Northland / 06-6600 / 748279 / $1,424,099.30
704 / 530282-100082 / Resurfacing - West Olentangy / 06-6600 / 748282 / $1,488,831.09
704 / 530282-100083 / Resurfacing - Clintonville / 06-6600 / 748283 / $1,058,651.49
704 / 530282-100084 / Resurfacing - North Linden / 06-6600 / 748284 / $1,418,363.58
704 / 530282-100085 / Resurfacing - Northeast / 06-6600 / 748285 / $35,233.76
704 / 530282-100086 / Resurfacing - Near North/University / 06-6600 / 748286 / $614,542.27
704 / 530282-100087 / Resurfacing - South Linden / 06-6600 / 748287 / $468,690.91
704 / 530282-100101 / Resurfacing - Citywide / 06-6600 / 704101 / $476,065.42
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 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 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 $8,193,897.01 (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 the contract and inspection, the sum of $8,193,897.01 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 ($7,517,336.71)
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / Amount / Percent of Contract
704 / 530282-100076 / Resurfacing - Far North / 06-6631 / 748276 / $402,177.51 / 5.35%
704 / 530282-100078 / Resurfacing - Northwest / 06-6631 / 748278 / $707,381.38 / 9.41%
704 / 530282-100079 / Resurfacing - Northland / 06-6631 / 748279 / $1,306,513.12 / 17.38%
704 / 530282-100082 / Resurfacing - West Olentangy / 06-6631 / 748282 / $1,365,900.08 / 18.17%
704 / 530282-100083 / Resurfacing - Clintonville / 06-6631 / 748283 / $971,239.90 / 12.92%
704 / 530282-100084 / Resurfacing - North Linden / 06-6631 / 748284 / $1,301,250.99 / 17.31%
704 / 530282-100085 / Resurfacing - Northeast / 06-6631 / 748285 / $32,324.55 / 0.43%
704 / 530282-100086 / Resurfacing - Near North/University / 06-6631 / 748286 / $563,800.25 / 7.50%
704 / 530282-100087 / Resurfacing - South Linden / 06-6631 / 748287 / $429,991.66 / 5.72%
704 / 530282-100101 / Resurfacing - Citywide / 06-6631 / 704101 / $436,757.27 / 5.81%
Inspection($676,560.30)
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / Amount / Percent of Inspection
704 / 530282-100076 / Resurfacing - Far North / 06-6687 / 748276 / $36,195.98 / 5.35%
704 / 530282-100078 / Resurfacing - Northwest / 06-6687 / 748278 / $63,664.32 / 9.41%
704 / 530282-100079 / Resurfacing - Northland / 06-6687 / 748279 / $117,586.18 / 17.38%
704 / 530282-100082 / Resurfacing - West Olentangy / 06-6687 / 748282 / $122,931.01 / 18.17%
704 / 530282-100083 / Resurfacing - Clintonville / 06-6687 / 748283 / $87,411.59 / 12.92%
704 / 530282-100084 / Resurfacing - North Linden / 06-6687 / 748284 / $117,112.59 / 17.31%
704 / 530282-100085 / Resurfacing - Northeast / 06-6687 / 748285 / $2,909.21 / 0.43%
704 / 530282-100086 / Resurfacing - Near North/University / 06-6687 / 748286 / $50,742.02 / 7.50%
704 / 530282-100087 / Resurfacing - South Linden / 06-6687 / 748287 / $38,699.25 / 5.72%
704 / 530282-100101 / Resurfacing - Citywide / 06-6631 / 704101 / $39,308.15 / 5.81%
SECTION 11. 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 Section 329.09 be and are hereby waived for the procurement of construction services for this project.
SECTION 12. 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 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.