Explanation
1. BACKGROUND:
This legislation authorizes the Director of Public Service to enter into a contract for the construction of the Resurfacing - Resurfacing 2010 Project 4 resurfacing project.
This project resurfaces 7 city streets and constructs 260 ADA curb ramps along those streets. The work consists of milling the existing pavement, overlaying with new asphalt concrete, replacing curb and sidewalk associated with installing ADA wheelchair ramps. Where warranted, the plans also call for areas of partial depth pavement reconstruction.
The estimated Notice to Proceed date is August 16, 2010. The contract length is 90 days from the Notice to Proceed date. The project was let by the Office of Support Services through vendor services. 5 bids were received on June 10, 2010 (5 majority) and tabulated on June 11, 2010 as follows:
Company Name Bid Amt City/State Majority/MBE/FBE
Kokosing Construction Company, Inc. $4,410,060.96 Columbus, OH Majority
Decker Construction. $4,458,501.15 Columbus, OH Majority
Strawser Paving Company, Inc. $4,530,387.00 Columbus, OH Majority
Shelly and Sands, Inc. $4,569,290.36 Columbus, OH Majority
The Shelly Company $5,014,650.00 Columbus, OH Majority
Award is to be made to Kokosing Construction Company, Inc., as the lowest, best, most responsive and most responsible bidder.
Searches in the Excluded Party List System (Federal) and the Findings for Recovery list (State) produced no findings against Kokosing Construction Company, Inc.
2. CONTRACT COMPLIANCE
Kokosing Construction Company, Inc.'s contract compliance number is 311023518 and expires 3/3/12.
3. FISCAL IMPACT
This project is budgeted within the 2010 Capital Improvement Budget. This expense can be accommodated within the Streets and Highways G.O. Bonds Fund, Resurfacing - Resurfacing 2010 Project 4 project, by appropriating and transferring $4,851,067.00 within the Special Income Tax 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 the Division of Design and Construction Capital Improvement Projects.
Bonds have yet to be sold for the whole project, necessitating a certification of $4,851,067.00 against the Special Income Tax Fund. Upon sale of bonds, this will be reimbursed.
4. EMERGENCY DESIGNATION
Emergency action is requested for this project in order to to maintain an accelerated project schedule.
Title
To authorize the Director of Public Service to enter into a contract with Kokosing Construction Company, Inc.; and to provide for the payment of inspection services, in connection with the Resurfacing 2010 Project 4 Project; to authorize and direct the City Auditor to transfer $4,851,067.00 from the Special Income Tax Fund to the Streets and Highways G.O. Bonds Fund; to authorize the City Auditor to appropriate $4,851,067.00 within the Streets and Highways G.O. Bonds Fund; and to authorize the expenditure of $4,851,067.00 from the Streets and Highways G.O. Bonds Fund; and to declare an emergency. ($4,851,067.00)
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 2010 Project 4 project; and
WHEREAS, bids were received on June 10, 2010, and tabulated on June 11, 2010, for the Resurfacing 2010 - Project 4 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 transfer funds from the Special Income Tax Fund to 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 aggregate principal amount which the city will issue to finance this project is presently expected not to exceed $4,851,067.00; 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").
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 contract with Kokosing Construction Company, Inc., 886 McKinley Avenue, Columbus, Ohio, 43222 for the construction of the Resurfacing 2010 Project 4 project in the amount of $4,410,060.96 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; to obtain and pay for the necessary inspection costs associated with the project up to a maximum of $441,006.04.
Section 2. The sum of $4,851,067.00 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, 2010 to the City Auditor, Department 22-01, Object Level One 10, OCA Code 902023, Object Level Three 5502.
Section 3. That the City Auditor is hereby authorized to transfer said funds to the Streets and Highways G.O. Bonds Fund, 704, 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 4. That $4,851,067.00 is hereby appropriated within Fund 704, the Streets and Highways G.O. Bonds Fund, Dept-Div. 59-12, Division of Design and Construction, Object Level One Code 06, Object Level Three Code 6631, OCA Code 742855 and Project 530282-100055 for the Resurfacing 2010 - Project 4 for the Division of Design and Construction.
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 capital improvement, the City Auditor is hereby authorized and directed to repay the Special Income Tax Fund the amount to repay the Special Income Tax Fund the amount transferred under Section 3 above.
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 $4,851,067.00 (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 $4,851,067.00 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, OCA Code 742855, O.L. 01-03 06-6631 and project 530282-100055.
Section 11. 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 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.