Explanation
1. BACKGROUND
This ordinance authorizes the Director of Public Service to enter into contract with Lake Erie Construction Co. for the Roadway Improvements - Guardrail project.
The Division of Planning and Operations is responsible for maintaining the City's roadway system in a safe manner. Guardrail and fence reconstruction projects are needed to restore accident damage locations, replace deteriorating structures and install new structures. This contract will provide for these services.
This project was bid in compliance with the Columbus City Code and advertised through vendor services. Bids were received on June 30, 2011 and tabulated July 1, 2011, by the Office of Support Services. Two (2 Majority, 0 Minority) bid proposals were received as follows:
Vendor / City,State / Bid Amount / Vendor Status
Lake Erie Construction Company / Norwalk, OH / $348,555.00 / Majority
M. P. Dory Company / Columbus, OH / $385,000.00 / Majority
Award of the contract is made to Lake Erie Construction Co. as the lowest responsive, responsible and best bidder. The Notice to Proceed date is estimated to be on or about August 10 or October 5 dependent on when this ordinance is legislated.
Searches in the Excluded Party List System (Federal) and the Findings for Recovery list (State) produced no findings against Lake Erie Construction Company.
2. CONTRACT COMPLIANCE
Lake Erie Construction Company's contract compliance number is 341262474 and expires on February 10, 2013.
3. FISCAL IMPACT:
The contract amount will be for $350,000.00 based on the bid documents allowing the City to award a contract for an amount more than the amount bid using the bid prices. Funds for this contract are budgeted within the 2011 Capital Improvement Budget. This expense can be accommodated by appropriating and transferring funds needed in the amount of $350,000.00 from the Special Income Tax Fund. Bonds have yet to be sold for this expense, necessitating a certification of $350,000.00 against the Special Income Tax Fund. Upon sale of bonds, this will be reimbursed.
4. EMERGENCY DESIGNATION
Emergency action is requested to allow this work to get underway to eliminate possible safety issues thereby promoting motorist and pedestrian safety.
Title
To authorize the Director of Public Service to enter into contract with Lake Erie Construction Company for the Roadway Improvements - Guardrail project for the Division of Planning and Operations; to authorize and direct the City Auditor to transfer $350,000.00 from the Special Income Tax Fund to the Streets and Highways G.O. Bonds Fund; to authorize the City Auditor to appropriate $350,000.00 within the Streets and Highways G.O. Bonds Fund; to authorize the expenditure of $350,000.00 from the Streets and Highways G.O. Bonds Fund; and to declare an emergency. ($350,000.00)
Body
WHEREAS, the Division of Planning and Operations is responsible for maintaining the City's roadway system in a safe manner; and
WHEREAS, guardrail and fence rehabilitation work is needed to restore accident damage, replace deteriorating structures and install new structures; and
WHEREAS, bids were received on June 30, 2011 and tabulated July 1, 2011, by the Office of Support Services for the Roadway Improvements - Guardrail project and a satisfactory low bid was received; and
WHEREAS, funds are budgeted in the 2011 Capital Improvement Budget for this expense, 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 of obligations which the city will issue to finance this project is presently expected not to exceed $350,000.00; 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 Department of Public Service, Division of Planning and Operations, in that the contract should be awarded so that the work may proceed without delay in order to eliminate existing dangerous conditions thereby promoting motorist and pedestrian safety, 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 hereby is authorized to enter into contract with Lake Erie Construction Company, 25 South Norwalk Road, Norwalk, Ohio 44857 for the Roadway Improvements - Guardrail project in an amount not to exceed $350,000.00 in accordance with the applicable specifications and plans on file in the office of the Division of Planning and Operations Administrator, which are hereby approved.
SECTION 2. The sum of $350,000.00 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, 2011 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, No. 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 $350,000.00 is hereby appropriated within Fund 704, the Streets and Highways G.O. Bonds Fund, Dept-Div. 59-11, Division of Planning and Operations as follows:
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / Amount
704 / 530161-100092 / Roadway Improvements - Guardrail / 06-6600 / 746192 / $350,000.00
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 establish proper accounting project numbers and to make any accounting changes to revise the funding source for any contract or contract modification associated with the expenditure of funds transferred in 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 $350,000.00 (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 the sum of $350,000.00 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, Dept./Div. 59-11, OCA Code 746192, O.L. 01-03 Codes 06-6631, Project Number 530161-100092.
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.