Explanation
1. BACKGROUND
The Columbus College of Art and Design (CCAD) has invested millions of dollars in expanding its downtown campus and improving the streetscapes within. The City of Columbus, as part of its Downtown Streetscape program, has contributed funds to streetscape projects along Gay Street and Cleveland Avenue. Now, with the purchase of the old Byers showroom at Cleveland Avenue and Broad Street, CCAD proposed streetscape improvements on Cleveland Avenue from Broad Street to Long Street to function as a "gateway" to the campus. The Department of Public Service has managed the design and bidding of the improvements and will manage the construction. The Department of Development is funding the project.
The estimated Notice to Proceed date is August 16, 2010. The project was let by the Office of Support Services through vendor services. 1 bid was received on June 24, 2010 (1 majority, 0 minority) and tabulated on June 4, 2010 as follows:
Company Name Bid Amt City/State Majority/MBE/FBE
G&G Cement Contractors, LLC $206,339.87 Columbus, OH Majority
Award is to be made to G&G Cement Contractors, LLC, 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 G&G Cement Contractors, LLC.
2. CONTRACT COMPLIANCE
G&G Cement Contractors, LLC Contract compliance number 262560462 and expires 06/11/2012.
3. FISCAL IMPACT
$226,974.00 is available in the 2010 Capital Improvement Budget under the Downtown Streetscape project 530801-100003 in Fund 704 Streets & Highways G.O. Bonds.
This expense can be accommodated within the Streets and Highways G.O. Bonds Fund, Downtown Streetscape - Cleveland Avenue project, by appropriating and transferring $226,974.00 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.
4. EMERGENCY DESIGNATION
Emergency action is requested so that sidewalk improvements can be completed during the summer months when school is not in session.
Title
To authorize the Director of Public Service to enter into a contract with G&G Cement Contractors, LLC, for construction of the Downtown Streetscape - Cleveland Avenue project for the Division of Planning and Operations; to appropriate and authorize the City Auditor to transfer $226,974.00 from the Special Income Tax Fund to the Streets and Highways G.O. Bonds Fund; to authorize the appropriation and expenditure of $226,974.00 from the Streets and Highways GO Bonds Fund; and to declare an emergency. ($226,974.00)
Body
WHEREAS, The Columbus College of Art and Design has invested over $12 million in expanding and improving its downtown campus; and
WHEREAS, Streetscape improvements on Cleveland Avenue from Broad Street to Long Street will function as a "gateway" to the campus; and
WHEREAS, The Department of Public Service has managed the design and bidding of the project and will manage its construction; and
WHEREAS, The Department of Development will fund the improvements from the Downtown Streetscape program
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 the Streets and Highways G.O. Bonds Fund for 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 $226,974.00; 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"); and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Service, Division of Planning and Operations, in that this legislation should go forth immediately to proceed with this project in summer months while school is not in session; 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 G&G Cement Contractors, LLC, 2849 Switzer Avenue, Columbus, Ohio 43219 for the construction of the Downtown Streetscape - Cleveland Avenue project in the amount of $206,339.87 or so much thereof as may be needed, for the Division of Planning and Operations 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 $20,634.13.
Section 2. The sum of $226,974.00 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 $226,974.00 is hereby appropriated within Fund 704, the Streets and Highways G.O. Bonds Fund, Dept-Div. 59-11, Planning and Operations, Object Level One Code 06, Object Level Three Code 6631, OCA Code 748013 and Project 530801-100003 for the Downtown Streetscape - Cleveland Avenue project for the Division of Planning and Operations.
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 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 $226,974.00 (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 $226,974.00 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 Planning and Operations, Dept.-Div. 59-11, OCA Code 748013, O.L. 01-03 06-6631 and project 530801-100003, Downtown Streetscape - Cleveland Avenue project.
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 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.