Explanation
1. BACKGROUND
This ordinance authorizes the Director of Public Service to enter into contract with Complete General Construction Company for the Arterial Street Rehabilitation - Hudson Street-I71 to Cleveland Avenue project and to provide payment for construction, construction administration and inspection services.
This contract includes reconstructing Hudson Street from I-71 to Cleveland Avenue. The reconstruction will include installing new curb, full pavement reconstruction, reconstruction and modification to the existing median on the east leg of the I-71 at the Hudson Street intersection, sidewalk on the north side, a shared used path on the south side, street trees, new traffic signals, storm sewers, a new 24” water main, new ADA curb ramps at intersections, and other work as may be necessary to complete the contract in accordance with the plans and specifications set forth in the Bid Submittal Documents.
The estimated Notice to Proceed date is March 14, 2022. The project was let by the Office of Support Services through Vendor Services and Bid Express. Two bids were received on January 27, 2022, (all majority) and tabulated as follows:
Company Name Bid Amount City/State Majority/MBE/FBE
Complete General Construction $17,631,863.27 Columbus, OH MAJ
Trucco Construction Co., Inc. $22,180,252.38 Delaware, OH MAJ
Award is to be made to Complete General Construction Company as the lowest responsive and responsible and best bidder for their bid of $17,631,863.27. The amount of construction administration and inspection services will be $1,763,186.33. The total legislated amount is $19,395,049.60.
Searches in the System for Award Management (Federal) and the Findings for Recovery list (State) produced no findings against US Utility Contractor Company.
2. CONTRACT COMPLIANCE INFORMATION
The contract compliance number for Complete General Construction Company is CC006056 and expires 6/8/2023.
3. PRE-QUALIFICATION STATUS
Complete General Construction Company and all proposed subcontractors have met code requirements with respect to pre-qualification, pursuant to relevant sections of Columbus City Code Chapter 329.
4. FISCAL IMPACT
A portion of this project is reimbursable through the Ohio Public Works Commission in the amount of $1,894,154.88. This amount will need to be appropriated within the Transportation Grants Fund, Fund 7763, Grant G592004 (Hudson St - I71 to Cleveland Ave CC10X-CC11X).
A portion of the remaining balance is reimbursable through a grant from the Ohio Department of Natural Resources (ODNR) of $734,622.30. This amount will need to be appropriated within the General Government Grants Fund, Fund 2220, Grant G592201 (Hudson St - I71 to Cleveland Ave ODNR). This grant with ODNR is contingent upon the receipt of a final executed agreement. The grant agreement is scheduled to appear before the State Controlling Board for final approval March 7, 2022.
A portion of the balance will be funded with Division of Water funding in an amount of up to $3,662,351.54. A transfer of funds within the Water G.O. Bonds Fund, Fund 6006 will be necessary as well as an amendment to the 2021 Capital Improvements Budget. Funds are appropriated.
A portion of the balance will be funded with Department of Public Service funding. $1,642,404.00 is budgeted, appropriated, and available within the Streets and Highways Bond Fund, Fund 7704, Project P530103-100068 (Arterial Street Rehabilitation - Hudson Street-I71 to Cleveland Avenue).
The remaining balance of the Public Service funding for this project is budgeted within the 2021 Capital Improvements Budget, which has been approved by Council under Ordinance 2707-2021. The funds will not be available to Public Service until the proceeds of the bond sale are available later this year. Therefore, it is necessary to certify the Public Service funds in the amount of $11,461,516.88 against the Special Income Tax Fund. Funds will need to be appropriated within the Special Income Tax fund and then transferred to the Streets and Highways Bond Fund where they will also need to be appropriated.
5. EMERGENCY DESIGNATION
Emergency action is requested in order to complete needed improvements at the earliest possible time to ensure the safety of the traveling public.
Title
To amend the 2021 Capital Improvement budget; to authorize the transfer of funds within the Water G.O. Bonds Fund; to authorize and direct the City Auditor to appropriate and transfer funds from the Special Income Tax Fund to the Streets and Highways Bond Fund; to appropriate funds within the Streets and Highways Bond Fund, the Transportation Grants Fund and the General Government Grants Fund; to authorize the Director of Public Service to enter into contract with Complete General Construction Company for the Arterial Street Rehabilitation - Hudson Street-I71 to Cleveland Avenue project; to authorize the expenditure of up to $19,395,049.60 from the Transportation Grants Fund, General Government Grants Fund, Water G.O. Bond Fund and Streets and Highways Bond Fund for the project; to repay any unused grant funds at the end of the grant period; and to declare an emergency. ($19,395,049.60)
Body
WHEREAS, the Department of Public Service is engaged in the Arterial Street Rehabilitation - Hudson Street-I71 to Cleveland Avenue project; and
WHEREAS, the work for this project consists of reconstructing Hudson Street from I-71 to Cleveland Avenue. The reconstruction will include installing new curb, full pavement reconstruction, reconstruction and modification to the existing median on the east leg of the I-71 at the Hudson Street intersection, sidewalk on the north side, a shared used path on the south side, street trees, new traffic signals, storm sewers, a new 24” water main, new ADA curb ramps at intersections, and other work as may be necessary to complete the contract in accordance with the plans and specifications set forth in the Bid Submittal Documents; and
WHEREAS, Complete General Construction Company will be awarded the contract for the Arterial Street Rehabilitation - Hudson Street-I71 to Cleveland Avenue project; and
WHEREAS, the Department of Public Service requires funding to be available for the Arterial Street Rehabilitation - Hudson Street-I71 to Cleveland Avenue project for construction expense along with construction administration and inspection services; and
WHEREAS, it is necessary to amend the 2021 Capital Improvement Budget to establish authority within the correct project; and
WHEREAS, it is necessary to authorize a transfer and expenditure of funds within the Water G.O. Bonds Fund, Fund 6006, to establish sufficient cash to pay for the project; and
WHEREAS, funds must be appropriated within the Transportation Grants Fund, Fund 7763, the Streets and Highways Bond Fund, Fund 7704, the Special Income Tax Fund, Fund 4430, and the General Government Grants Fund, Fund 2220; and
WHEREAS, the Director of Public Service must be authorized to enter into contract with Complete General Construction Company for the project; and
WHEREAS, funds will be expended from the Transportation Grants Fund, General Government Grants Fund, Water G.O. Bonds Fund, and the Streets and Highways Bond Fund, to pay for the project; and
WHEREAS, it is necessary to transfer funds from the Special Income Tax Fund to fund this project; and
WHEREAS, the City 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 $11,461,516.88; 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 Department of Public Service in that it is immediately necessary to authorize the Director to enter into contract with Complete General Construction Company to ensure the safety of the traveling public, 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 2021 Capital Improvements Budget authorized by ordinance 2707-2021 be amended as follows to establish sufficient authority for this project:
Fund / Project / Project Name / Current / Change / C.I.B. as Amended
6006 / P690587-100001 / PCM-2020 (Voted Carryover) / $6,608,900.00 / ($3,662,352.00) / $2,946,548.00
6006 / P690597-100000 / Hudson St. 24” WL Imp’s (Voted Carryover) / $0.00 / ($3,662,352.00) / $3,662,352.00
SECTION 2. That the transfer of $3,662,351.54, or so much thereof as may be needed, is hereby authorized within Fund 6006 (Water G.O. Bonds Fund), from Dept-Div 6009 (Water Treatment and Distribution), Project P690587-100001 (PCM-2020), Object Class 06 (Capital Outlay) to Dept-Div 6009 (Water Treatment and Distribution), Project P690597-100000 (Hudson St. 24” WL Imp’s), Object Class 06 (Capital Outlay) per the account codes in the attachment to this ordinance.
SECTION 3. That from the unappropriated monies 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 ended December 31, 2022, the sum of $1,894,154.88 is appropriated in Fund 7763 (Transportation Grant Funds), Div 5912 (Design and Construction), Grant G592004 (Hudson St - I71 to Cleveland Ave CC10X-CC11X), Object Class 06 (Capital Outlay) per the account codes in the attachment to this ordinance.
SECTION 4. That from the unappropriated monies 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 ended December 31, 2022, the sum of $734,622.30 is appropriated in Fund 2220 (General Government Grants Fund), Div 5912 (Design and Construction), Grant G592201 (Hudson St - I71 to Cleveland Ave ODNR), Object Class 06 (Capital Outlay) per the account codes in the attachment to this ordinance. This grant with ODNR is contingent upon the receipt of a final executed agreement. The grant agreement is scheduled to appear before the State Controlling Board for final approval March 7, 2022.
SECTION 5. That from the unappropriated monies 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 ended December 31, 2022, the sum of $11,461,516.88 is appropriated in Fund 4430 (Special Income Tax), Dept-Div 2201 (City Auditor), in Object Class 10 (Transfer Out) per the account codes in the attachment to this ordinance.
SECTION 6. That the transfer of $11,461,516.88, or so much thereof as may be needed, is hereby authorized from Fund 4430 (Special Income Tax), Dept-Div 2201 (City Auditor), to Fund 7704 (Streets and Highways Bond Fund), Dept-Div 5912 (Design and Construction) per the account codes in the attachment to this ordinance.
SECTION 7. That from the unappropriated monies 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 ended December 31, 2022, the sum of $11,461,516.88 is appropriated in Fund 7704 (Streets and Highways Bond Fund), Dept-Div 5912 (Design and Construction), Project P530103-100068 (ASR-Hudson St-I-71 to Cleveland Ave), in Object Class 06 (Capital Outlay) per the account codes in the attachment to this ordinance.
SECTION 8. That the Director of Public Service be and is hereby authorized to enter into a construction services contract with Complete General Construction Company, 1221 East Fifth Avenue, Columbus, Ohio 43219, for the Arterial Street Rehabilitation - Hudson Street-I71 to Cleveland Avenue project in the amount of up to $17,631,863.27 in accordance with the specifications and plans on file in the Office of Support Services, which are hereby approved; and to pay for necessary construction administration and inspection costs associated with the project up to a maximum of $1,763,186.33.
SECTION 9. That the expenditure of $1,894,154.88, or so much thereof as may be needed, is hereby authorized in Fund 7763 (Transportation Grant Funds), Div 5912 (Design and Construction), Grant G592004 (Hudson St - I71 to Cleveland Ave CC10X-CC11X), in Object Class 06 (Capital Outlay) per the accounting codes in the attachment to this ordinance.
SECTION 10. That the expenditure of $734,622.30, or so much thereof as may be needed, is hereby authorized in Fund 2220 (General Government Grants Fund), Div 5912 (Design and Construction), Grant G592201 (Hudson St - I71 to Cleveland Ave ODNR), in Object Class 06 (Capital Outlay) per the accounting codes in the attachment to this ordinance.
SECTION 11. That the expenditure of $3,662,351.54, or so much thereof as may be needed, is hereby authorized in Fund 6006 (Water G.O. Bonds Fund), Div 6009 (Water Treatment and Distribution), Project P690597-100000 (Hudson St. 24" WL Imp's), in Object Class 06 (Capital Outlay) per the accounting codes in the attachment to this ordinance.
SECTION 12. That the expenditure of $13,103,920.88, or so much thereof as may be needed, is hereby authorized in Fund 7704 (Streets and Highways Bond Fund), Dept-Div 5912 (Design and Construction), Project P530103-100068 (Arterial Street Rehabilitation - Hudson Street-I71 to Cleveland Avenue), in Object Class 06 (Capital Outlay) per the accounting codes in the attachment to this ordinance.
SECTION 13. That the monies appropriated in the foregoing Section5 and Section 7 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 14. 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 Section6.
SECTION 15. 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 $11,461,516.88 (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 16. Funds are hereby deemed appropriated and expenditures and transfers authorized to carry out the purposes of this ordinance and the City Auditor shall establish such accounting codes as necessary.
SECTION 17. 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 18. That the City Auditor is hereby authorized to transfer the unencumbered balance in a project account to the unallocated balance account within the same fund upon receipt of certification by the Director of the Department administering said project that the project has been completed and the monies are no longer required for said project.
SECTION 19. That, at the end of the grant period, any repayment of unencumbered balances required by the grantor is hereby authorized and any unused City match monies may be transferred back to the City fund from which they originated in accordance with all applicable grant agreements.
SECTION 20. 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.