Explanation
The Public Service Department, Transportation Division, is responsible for maintaining arterial streets in a serviceable condition in order to promote the expeditious and safe flow of vehicular traffic. As part of its annual street resurfacing program, formal competitive bids for this purpose were solicited and opened on June 30, 2005. This legislation authorizes the Public Service Director to enter into a contract in an amount up to $6,007,607.50 for this the Arterial Resurfacing - 2005 project and to pay construction inspection costs up to $600,761.50. The estimated Notice to Proceed date is August 12, 2005. The contractor has been given ninety (90) days to complete the work. The project was let by the Transportation Division and was advertised in the City Bulletin, Dodge Reports and by the Builders Exchange. Fifteen bidders/suppliers were solicited (thirteen majority, two minority) and three bids (three majority, zero minority) were received and tabulated on June 30, 2005 as follows:
Contractor / Amount Bid
Miller Pavement Maintenance, Incorporated / $6,007,607.50
The Shelly Company / $6,164,834.69
Kokosing Construction Company, Incorporated / $6,500,274.78
Award is to be made to Miller Pavement and Maintenance, Incorporated, contract compliance #31-0831781 (expires August 27, 2007) as the lowest, best, most responsive and most responsible bidder.
Fiscal Impact: This ordinance requires $6,608,369.00 for the contract and construction inspection. Funds totaling $203,902.59 are available within the Transportation Division's 2004 Capital Improvement Budget in the 1995, 1999 Voted Streets and Highways Fund in several different projects. This ordinance transfers these funds from these projects to the Resurfacing project. The balance of this expense can be accommodated by appropriating and transferring $6,404,466.41 within the Special Income Tax Fund to the 1995, 1999 Voted Streets and Highways 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 transportation infrastructure purposes.
This ordinance also amends the 2004 Capital Improvement Budget to reflect this and other resurfacing expenditures. The 2004 CIB as passed allocated $15,715,654 for resurfacing. This amount was amended down to $14,862,116 per Ordinance 1092-2004 passed by City Council July 19, 2004. Including this pending contract for Arterial Resurfacing, actual resurfacing expenditures subsequent to July 19, 2004 total $27,510,524. The 2004 CIB for resurfacing is being increased by the difference, $12,648,409.
Emergency action is requested to allow construction to commence August 12, 2005 in order to provide for substantial completion of the work this calendar year.
Title
To amend the 2004 Capital Improvement Budget; to authorize the City Auditor to transfer $203,902.59 between projects within the 1995, 1999 Voted Streets and Highways Fund; to appropriate and authorize the City Auditor to transfer $6,404,466.41 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 for with Miller Pavement Maintenance, Incorporated, for the Arterial Resurfacing - 2005 project for the Transportation Division; to authorize the expenditure of $6,608,369.00 from the 1995, 1999 Voted Streets and Highways Fund and to declare an emergency. ($6,608,369.00)
Body
WHEREAS, bids were received and tabulated on June 30, 2005 for the Arterial Resurfacing - 2005 project and a satisfactory bid has been received; and
WHEREAS, it is necessary to provide for construction inspection costs; and
WHEREAS, it is necessary to authorize the appropriation and transfer of funds for the project to proceed; and
WHEREAS, an emergency exists in the usual daily operation of the Public Service Department, Transportation Division, in that the contract should be awarded immediately to allow construction to commence August 12, 2005 in order to provide for substantial completion of the work this calendar year, 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 2004 Capital Improvement Budget be and hereby is amended as follows:
Public Service / Transportation 59-09
Project / Current CIB Amount / Amendment Amount / CIB Amount as Amended
resurfacing / $14,862,115 / $12,648,409 / $27,510,524
SECTION 2. That the City Auditor be and hereby is authorized to transfer $203,902.59 between projects within Fund 704, the 1995, 1999 Voted Streets and Highways Fund, Department No. 59-09, Transportation Division, as follows:
TRANSFER FROM:
Project Number / Project / Object Level 01/03 Codes / OCA Code / Amount
440005 / Urban Infrastructure / 06/6600 / 644385 / $132,630.24
530021 / Urban Infrastructure / 06/6600 / 644385 / $8,445.85
590127 / Spring Sandusky Interchange - OTMP / 06/6600 / 644385 / $27,807.00
590130 / Facilities / 06/6600 / 644385 / $2,206.30
590131 / Miscellaneous Developments / 06/6600 / $9,855.20
590415 / Economic and Community Development / 06/6600 / 644385 / $22,958.00
Total Transfer From: $203,902.59
TRANSFER TO:
Project Number / Project / Object Level 01/03 Codes / OCA Code / Amount
530282 / Resurfacing / 06/6631 / 644385 / $203,902.59
Total Transfer To: $203,902.59
SECTION 3. That from the unappropriated monies in Fund 430, the Special Income Tax Fund, and from the 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, 2005, the sum of $6,404,466.41 be and hereby is appropriated to the City Auditor, Department No. 22-01, Object Level One Code 10, Object Level Three Code 5500 and OCA Code 920023.
SECTION 4. That the City Auditor is hereby authorized to transfer said funds to Fund 704, the 1995, 1999 Voted Streets and Highways Fund, 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 5. That $6,404,466.41 is hereby appropriated within Fund 704, the 1995, 1999 Voted Streets and Highways Fund, Department No. 59-09, Transportation Division, Object Level One Code 06, Object Level Three Code 6631, OCA Code 644385 and Project 530282 to contract for the Arterial Resurfacing - 2005 project for the Transportation Division.
SECTION 6. That the monies appropriated in the foregoing Section 5 shall be paid upon order of the Public Service Director 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 7. That upon obtaining other funds for this capital improvement, the City Auditor is hereby authorized to repay the Special Income Tax Fund the amount transferred under Section 4 above and said funds are hereby deemed appropriated for such purpose.
SECTION 8. 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 4 above.
SECTION 9. 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 10. That the Public Service Director be and hereby is authorized to enter into a contract with Miller Pavement Maintenance, Incorporated, 1771 Harmon Avenue, Columbus, Ohio 43223 for $6,007,607.50 for construction of the Arterial Resurfacing - 2005 project 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, and to obtain and pay up to $600,761.50 for the necessary inspection costs associated with the project.
SECTION 11. That the expenditure of $6,608,369.00, or so much thereof as may be necessary, be and hereby is authorized from Fund 704, the 1995, 1999 Voted Streets and Highways Fund, Department No. 59-09, Transportation Division, Object Level One Code 06, Object Level Three Code 6631, OCA Code 644385 and Project 530282 for the contract and inspection costs associated with the project.
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.