Explanation
1. BACKGROUND:
This legislation authorizes the Director of Public Service to enter into a contract for the construction of the Pedestrian Safety Improvements - Hague Avenue from Briggs to Mound Street Project.
The principal purpose of the project is to add five foot sidewalks on both the east and west side of Hague Avenue from Briggs Road to Mound Street. This project will provide new sidewalks, curb ramps, and drive replacement.
A total of 0.5 miles of 5-foot wide concrete sidewalk will be added in this project on the east side of Hague Avenue. A total of 0.5 miles of 5-foot wide concrete sidewalk will be added in this project on the west side of Hague Avenue.
27 ADA ramps will be added or reconstructed in this project.
This project complies with the recommendation of the Pedestrian Thoroughfare Plan because the Division of Mobility Options reviewed walk widths for anticipated future activity, and found the widths to be adequate.
Pedestrian generators and destinations impacting the proposed project include Binns Elementary School, Crossroads United Methodist Church and COTA Route #3 Bus stop. Pedestrian Quality of Service analyses show a marked improvement in that sidewalks are being constructed where there are presently no pedestrian facilities. The 5foot sidewalk is within the recommended range for the anticipated pedestrian demand.
The estimated Notice to Proceed date is June 13, 2011. 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. 6 bids were received on April 28, 2011 (6 majority) and tabulated on April 29, 2011 as follows:
Company Name Bid Amt City/State Majority/MBE/FBE
Newcomer Concrete Services, Inc. $389,623.63 Norwalk, OH Majority
Shelly and Sands, Inc. $396,936.21 Columbus, OH Majority
G&G Cement Contractors, LLC $398,154.63 Columbus, OH Majority
Columbus Asphalt Paving, Inc. $437,640.80 Gahanna, OH Majority
Decker Construction Company $448,742.34 Columbus, OH Majority
B & C Blacktop Sealing $503,180.99 Norwalk, OH Majority
Columbus City Code Section 329.31(b) (Environmentally Preferable Purchasing)states: "In evaluating bids or offers for materials, supplies, equipment, construction and services, preference will be given to an environmentally preferable bidder who offers a product or service equal to or superior to that of a non-environmentally preferable bidder or offeror where the environmentally preferable bid or offer does not exceed by more than five (5) percent (up to a maximum of twenty thousand dollars ($20,000)) the lowest responsive and responsible and best bid from any non-environmentally preferable bid or offer. The environmentally preferable bidder will be required to demonstrate to the city agency procuring the product or service how their bid is equal to or superior to that of a non-environmentally preferable bidder. Where the bidder or offeror is local, the applicable credit for a local bidder or offeror shall be calculated first."
Shelly and Sands, Inc. claimed environmental preference while the apparent low bidder, Newcomer Concrete Services, Inc. did not claim environmental preference. The difference between their bids is $7,312.58 or 1.84%, within the $20,000.00 or 5% allowable by Columbus City Code Section 329.31(b).
Award is to be made to Shelly and Sands, 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 Shelly and Sands, Inc.
2. CONTRACT COMPLIANCE
Shelly and Sands, Inc. contract compliance number is 314351261 and expires 2/26/12.
3. BID WAIVER
The Department of Public Service is requesting that City Council declare this construction procurement effort a Non-Emergency Waiver of Regulations in accordance with Section 329.27 of the Columbus City Codes. A question was received late in the day the day before the bid opening. The Office of Support Services received the response to the question from the section manager the morning of the bid opening.
The answer to the question was in the bid documents and an addendum was created to identify the section of the bid documents where the answer could be found. The addendum was e-mailed the morning of the bid opening to all plan holders and contractors who submitted questions, but it was not posted on vendor services before the bid opening because of an email issue. Because of the email issue, Purchasing was not aware of the need to approve the addendum in order to post it on Vendor Services.
Since the addendum was not officially published on Vendor Services, a bid waiver is needed. The project was competitively bid, plan holders were sent the addendum, and the answer to the question was included in the bid documents.
4. FISCAL IMPACT
Funding authority for this project is budgeted within the 2011 Capital Improvement Budget. This expense can be accommodated by appropriating and transferring funds needed in the amount of $476,323.45 from the Special Income Tax Fund. Bonds have yet to be sold for the whole project, necessitating a certification of $476,323.45 against the Special Income Tax Fund. Upon sale of bonds, this will be reimbursed.
5. EMERGENCY DESIGNATION.
Emergency action is requested in order to allow this project to begin at the earliest possible time this construction season to allow these sidewalks to be available to the public for the highest provision of pedestrian safety.
Title
To authorize the Director of Public Service to enter into contract with Shelly and Sands, Inc. and to provide for the payment of construction administration and inspection services, in connection with the Pedestrian Safety Improvements - Hague Avenue/Briggs Road to Mound Street Project; to waive the competitive bidding requirements of the Columbus City Code, 1959; to authorize and direct the City Auditor to transfer $476,323.45 from the Special Income Tax Fund to the Streets and Highways G.O. Bonds Fund; to authorize the City Auditor to appropriate $476,323.45 within the Streets and Highways G.O. Bonds Fund; to authorize the expenditure of $476,323.45 from the Streets and Highways G.O. Bonds Fund; and to declare an emergency. ($476,323.45)
Body
WHEREAS, it is necessary to enter into contract for the Pedestrian Safety Improvements - Hague Avenue/Briggs Road to Mound Street Project; and
WHEREAS, bids were received on April 28, 2011 and tabulated on April 29, 2011, for the Pedestrian Safety Improvements - Hague Avenue/Briggs Road to Mound Street Project and a satisfactory bid has been received; and
WHEREAS, it is necessary to provide for construction inspection costs; and
WHEREAS, it is in the best interest of the City for this City Council to waive the competitive sealed bidding requirements of the Columbus City Code, 1959, pursuant to the immediate award and construction of this project; 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 $476,323.45; 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 the 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 Shelly and Sands, Inc, 1515 Harmon Avenue, Columbus, Ohio 43223 for the construction of the Pedestrian Safety Improvements - Hague Avenue/Briggs Road to Mound Street Project in the amount of $396,936.21 or so much thereof as may be needed, for the Division of Mobility Options in accordance with the specifications and plans on file in the Office of Support Services, which are hereby approved; and to obtain and pay for the necessary inspection costs associated with the project up to a maximum of $79,387.24.
SECTION 2. The sum of $476,323.45 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 $476,323.45 is hereby appropriated within Fund 704, the Streets and Highways G.O. Bonds Fund, Dept-Div. 59-10, Division of Mobility Options as follows:
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / Amount
704 / 590105-100037 / Pedestrian Safety Improvements - Hague Avenue/Briggs Road to Mound Street / 06-6600 / 740137 / $476,323.45
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 $476,323.45 (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 $476,323.45 or so much thereof as may be needed, is hereby authorized to be expended from the Streets & Highways G.O. Bonds Fund, No. 704, for the Division of Design and Construction, Dept.-Div. 59-12
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / Amount
704 / 590105-100037 / Pedestrian Safety Improvements - Hague Avenue/Briggs Road to Mound Street / 06-6621 / 740137 / $476,323.45
SECTION 11. That in accordance with Section 329.27 of the Columbus City Code, City Council has determined that it is in the best interest of the City of Columbus that the formal competitive bidding requirements of Chapter 329 be and are hereby waived for the procurement of construction services for this project.
SECTION 12. 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 13. 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.