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File #: 1082-2012    Version: 1
Type: Ordinance Status: Passed
File created: 5/14/2012 In control: Public Service & Transportation Committee
On agenda: 6/4/2012 Final action: 6/6/2012
Title: To authorize the Director of Public Service to modify and increase an existing contract with Shelly and Sands, Inc. in connection with the Resurfacing 2011 Zone 1 contract; to amend the 2012 C.I.B; to authorize the transfer of funds within the Streets and Highways G.O. Bonds Fund; to authorize the expenditure of $277,867.14 from the Streets and Highways G.O. Bonds Fund; and to declare an emergency. ($277,867.14)
Explanation
 
1.  BACKGROUND:
This legislation authorizes the Director of Public Service to execute a construction contract modification with Shelly and Sands, Inc. for the Resurfacing - Resurfacing 2011 Zone 1 project.  
 
Work performed under this contract consisted of rehabilitating and resurfacing thirty-four (34) city streets, constructing 434 ADA curb ramps along those streets, milling the existing pavement, overlaying with new asphalt concrete, minor curb replacement, and replacing curb and sidewalk associated with installation of ADA wheelchair ramps.  Where warranted, the plans also call for areas of full depth pavement rehabilitation, and such other work as may be necessary to complete the contract in accordance with the plans and specifications set forth in the bid submittal documents.  
 
This contract modification will allow the Department of Public Service to increase this existing contract, for purposes of adding funds for the resurfacing of additional streets. Cost of this modification was determined through negotiations with Shelly and Sands.   Funds for this modification are available due to previous resurfacing projects being completed under budget.  
 
Work to be included as part of this modification consists of the resurfacing of the following streets:
Atwood Terrace from Hudson Street to South terminus
Agler Road from Cassady Avenue to 462 feet west of Ashpoint Street
South Old State Road from Lazelle Road to 482 feet South of Cricket Run Road and 100 feet South of Wynstone Drive to Polaris Parkway
Pickforde Drive from Bethel Road to Resler Drive
Resler Drive from Sawmill Road to Pickforde Drive
The original contract amount authorized by ordinance 0305-2011 and executed March 14, 2011 is $4,948,208.13 (EL011437)
The amount of this, the first, modification is $277,867.14
The total contract amount including this modification is $5,226,075.27
Searches in the Excluded Party List System (Federal) and the Findings for Recovery list (State) produced no findings against Shelly and Sands, Inc.  
 
2.  CONTRACT COMPLIANCE
Shelly and Sands, Inc. contract compliance number is 314351261 and expires 1/23/14.
3.  FISCAL IMPACT
Funding for this project is available within the 2012 Capital Improvement Budget in the Streets and Highways G.O. Bonds Fund.  Funding for this project is available due to cancellation of encumbrances from completed resurfacing projects.
4. EMERGENCY DESIGNATION.
Emergency action is requested in order provide funding for the resurfacing of the described streets in need of rehabilitation to ensure the safety of the travelling public.
Title
To authorize the Director of Public Service to modify and increase an existing contract with Shelly and Sands, Inc.  in connection with the Resurfacing 2011 Zone 1 contract; to amend the 2012 C.I.B; to authorize the transfer of funds within the Streets and Highways G.O. Bonds Fund; to authorize the expenditure of $277,867.14 from the Streets and Highways G.O. Bonds Fund; and to declare an emergency. ($277,867.14)
Body
 
WHEREAS, contract no. EL011437 was authorized by ordinance no. 0305-2011, passed by City Council February 28, 2011, executed March 14, 2011 and approved by the City Attorney on March 16, 2011; and
WHEREAS, the Department of Public Service has determined it to be in the City's best interest to modify the subject contract for purposes of adding additional streets to be resurfaced under this contract; and
WHEREAS, this ordinance authorizes the first modification to the Resurfacing 2011 Zone 1 contract in the amount of $277,867.14; 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 modify and increase contract no. EL011437 with Shelly and Sands, Inc., 1515 Harmon Avenue, Columbus, Ohio, 43223 for the construction of  the Resurfacing - Resurfacing 2011 Zone 1 project  in the amount of $277,867.14 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.
SECTION 2.  That the 2012 Capital Improvement Budget authorized by ordinance 0368-2012 be and is hereby amended due to cancellations of encumbrances from completed projects as follows:
Fund/Project / Project Name /OCA/ Current / Change / Amended
746 / 530282-100040 / Resurfacing - 2010 Project 1  (Carryover) / 45,689.00 / $1,715.00 / $47,404.00
746 / 530282-100041 / Resurfacing - 2010 Project 2 (Carryover)   / $1,322.00 / $115,244.00 / $116,566.00
 
SECTION 3.  That the 2012 Capital Improvement Budget authorized by ordinance 0368-2010 be and is hereby amended to provide sufficient authority for this project as follows:
Fund/Project / Project Name /OCA/ Current / Change / Amended
746 / 530282-100040 / Resurfacing - 2010 Project 1   (Carryover) / $47,404.00 / ($24,443.00) / $22,961.00
746 / 530282-100041 / Resurfacing - 2010 Project 2 (Carryover)   / $116,566.00 / ( $116,566.00) / $0.00
746 / 530282-100049 / Resurfacing - Preventive Surface Treatments (Carryover)   / $136,860.00 / ($136,860.00) / $0.00
746 / 530282-100060 / Resurfacing - Zone 1  (Carryover)  / $0.00  / $277,868.00 / $277,868.00
 
SECTION 4.  That the Transfer of cash and appropriation within the Streets and Highways G.O. Bonds Fund be authorized as follows:
Division of Design and Construction, Dept-Div 59-12:
Transfer from:
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / Amount
746 / 530282-100040 / Resurfacing - 2010 Project 1  / 06-6631 / 528240 / $24,442.23
746 / 530282-100041 / Resurfacing - 2010 Project 2 / 06-6631 / 768241 / $116,565.87
746 / 530282-100049 / Resurfacing - Preventive Surface Treatments / 06-6631 / 768249 / $136,859.04
Transfer to:
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / Amount
746 / 530282-100060 / Resurfacing - Zone 1  / 06-6631 / 528260 / $277,867.14
 
SECTION 5.  That for the purpose of paying the cost thereof, the sum of $277,867.14 or so much thereof as may be needed, is hereby authorized to be expended from the Streets and Highways G.O. Bonds Fund, Fund 704,  for the Division of Design and Construction, Dept-Div. 59-12, as follows
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / Amount
746 / 530282-100060 / Resurfacing - Zone 1  / 06-6631 / 528260 / $277,867.14
 
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.