Explanation
1. BACKGROUND
This legislation authorizes the Director of Public Service to enter into contract with Complete General Construction for the Pedestrian Safety Improvements - Lane Avenue Sidewalks project.
The project will construct sidewalk and ADA curb ramps on the south side of West Lane Avenue from Kenny Road to Fyffe Road; mill and resurface West Lane Avenue from Kenny Road to east of Fyffe Road; and will add a left turn lane eastbound at Kenny Road and westbound at SR 315.
In addition, this project has included improvements by ODOT that will widen US 315 north and south exit ramps at West Lane Avenue and US 315 and upgrading the traffic lights within the limits of the project.
10 ADA ramps will be added or reconstructed in this project. Pedestrians would be mostly students residing in the Fisher Commons and occasionally people using the sports facilities west of Kenny Road.
The anticipated project schedule for construction begins on 6/13/11 and ends on 8/19/11.
(FRA-West Lane Avenue-Parts 1 and 2 PID 89146)
The estimated Notice to Proceed date is June 6, 2011. The contract has a completion date of August 19, 2011. The project was let by the Office of Support Services through vendor services. 1 bid was received on April 25, 2011 (1 majority) and tabulated on April 26, 2011 as follows:
Company Name Bid Amt City/State Majority/MBE/FBE
Complete General Construction $1,783,507.07 Columbus, OH Majority
Award is to be made to Complete General Construction, 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 Complete General Construction.
2. CONTRACT COMPLIANCE
Complete General Construction's contract compliance number is 314366382 and expires 12/15/11.
2. FISCAL IMPACT
The contract amount for this project is $1,783,507.07. This project will be funded from 4 sources. The City of Columbus share of this project is $211,409.72. Funding also consists of Federal Highway Administration Funds in the amount of $1,614,607.44, an ODOT grant in the amount of $63,700.82, and a contribution from Edwards Communities, in the amount of $25,822.93to be used for sidewalks and other project expenses.
This expense can be accommodated by appropriating and transferring funds needed in the amount of $211,409.72 from the Special Income Tax Fund. Bonds have yet to be sold for the whole project, necessitating a certification of $211,409.72 against the Special Income Tax Fund. Upon sale of bonds, this will be reimbursed.
3. EMERGENCY DESIGNATION
The Department of Public Service is requesting City Council to pass this ordinance as an emergency measure in order to allow the project to be completed in during the summer construction season, so that it will minimize its impacts upon the Ohio State University activities in the surrounding area.
Title
To authorize the Director of Public Service to enter into contract with Complete General Construction for the Pedestrian Safety Improvements - Lane Avenue Sidewalks Project; to provide for the payment of inspection services in connection with the project; to authorize the City Auditor to appropriate and transfer $211,409.72 from the Special Income Tax Fund to the Streets and Highways G.O. Bonds Fund; to authorize the City Auditor to appropriate $211,409.72 within the Streets and Highways G.O. Bonds Fund and $25,822.93 within the Special Purpose Fund; to authorize the transfer of funds from the Streets and Highways G.O. Bonds Fund and the Special Purpose Fund to the Fed-State Highway Engineering Fund; to appropriate $1,968,296.07 from the Fed-State Highway Engineering Fund and $71,456.34 in the Local Government Grant Fund; to authorize the expenditure of $1,918,940.73 from the Fed-State Highway Engineering Fund and $71,456.34 in the Local Government Grant Fund; and to declare an emergency. ($1,990,397.07)
Body
WHEREAS, the City has identified the need for, and proposes the improvement of the Pedestrian Safety Improvements - Lane Avenue Sidewalks Project; and
WHEREAS, the Ohio Department of Transportation has requested that the City include additional work to widen SR 315 north and southbound exit ramps at West Lane Avenue and US 315; and
WHEREAS, work to be included in this project is described as follows:
This project includes constructing sidewalk and ADA curb ramps on the south side of West Lane Avenue from Kenny Road to Fyffe Road, mill and resurface West Lane Avenue from Kenny Road to east of Fyffe Road, addition of left turn lanes eastbound at Kenny Road and westbound at SR 315. In addition, this project includes ODOT's widening of the US 315 north and south exit ramps at West Lane Avenue and US 315 and upgrading the traffic lights within the limits of the project.
WHEREAS, the City has received grants from the Federal Highway Adminstration and the Ohio Department of Transportation for the construction of this project; and
WHEREAS, the Department of Public Service received and opened one competitive bid on April 25, 201 for the Pedestrian Safety Improvement - Lane Avenue Sidewalks Project; and
WHEREAS, the Complete General Construction Company, Inc., was deemed to be the lowest, best, responsive and responsible bidder for the aforementioned project; 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 of obligations which the city will issue to finance this project is presently expected not to exceed $211,409.72; 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 City of Columbus, Department of Public Service in that it is immediately necessary to grant consent for this project so it can proceed according to the established time lines to keep this project on schedule and budget, 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 Complete General Construction, 1221 East Fifth Avenue, Columbus, Ohio, 43219 for the construction of the Pedestrian Safety Improvements - Lane Avenue Sidewalks project in the amount of $1,783,507.07 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 $206,890.00.
SECTION 2. That the 2011 Capital Improvement Budget authorized by ordinance 0266-2011 be and is hereby amended to provide sufficient authority for this project as follows:
Fund/Project / Project Name /OCA/ Current / Change / Amended
704 / 530161-100000 / Roadway Improvements (Voted 2008) / $425,484.00 / ($66,410.00) / $359,074.00
704 / 590105-100011 / Pedestrian Safety Improvements - Lane Avenue Sidewalks (Voted 2008) / $145,000 / $66,410.00 / $211,410.00
SECTION 3. The sum of $211,409.72 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 4. 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 5. That $211,409.72 is hereby appropriated within Fund 704, the Streets and Highways G.O. Bonds Fund, Dept-Div. 59-12, Division of Design and Construction as follows:
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / Amount
704 / 590105-100011 / Pedestrian Safety Improvements - Lane Avenue Sidewalks / 10-5501 / 740511 / $211,409.72
SECTION 6. That the monies appropriated in the foregoing Section 5 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 7. 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 4 above.
SECTION 8. 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 4, above.
SECTION 9. 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 $211,409.72 (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 10. All funds necessary to carry out the purpose of this ordinance are hereby deemed appropriated.
SECTION 11. That from the unappropriated monies in Fund 223, The Special Purpose Fund, and from all monies estimated to come into said fund from and any and all sources and unappropriated for any other purpose, the sum of $25,822.93 is appropriated as follows
Fund / Subfund / Dept - Div / OCA / O.L. 01-03 / Amount
223 / 305 / 59-10 / 223305 / 10-5501 / $25,822.93
SECTION 12. That the City Auditor be directed to transfer monies between Funds as follows:
From:
Fund / Subfund / Dept - Div / OCA / O.L. 01-03 / Amount
223 / 305 / 59-10 / 223305 / 10-5501 / $25,822.93
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / Amount
704 / 590105-100011 / Pedestrian Safety Improvements - Lane Avenue Sidewalks / 10-5501 / 740511 / $211,409.72
To:
Fund / Grant / Grant Name / Dept-Div / O.L. 01-03 Codes / OCA / Amount
765 / 591181 / Lane Avenue Sidewalks / 59-12 / 80-0886 / 591181 / $237,232.65
SECTION 13. The sum of $1,918,940.73 be and is hereby appropriated from the unappropriated balance of the Fed-State Highway Engineering Fund, No. 765, 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 Division of Design and Construction, Dept-Div 59-12, Grant and OCA to be determined by the City Auditor.
Dept-Div / Fund / Grant / Grant Name / O.L. 01-03 Codes / OCA / Amount
59-12 / 765 / 591181 / Lane Avenue Sidewalks / 06-6600 / 591181 / $1,918,940.73
SECTION 14. The sum of $71,456.34 be and is hereby appropriated from the unappropriated balance of the General Government Grant Fund, No. 220, 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 Division of Design and Construction, Dept-Div 59-12, Grant and OCA to be determined by the City Auditor.
Dept-Div / Fund / Grant / Grant Name / O.L. 01-03 Codes / OCA / Amount
220 / 591180 / Lane Avenue Sidewalks / 06-6600 / 591180 / $71,456.34
SECTION 15. That for the purpose of paying the cost of this contract and inspection, the sum of $1,990,397.07 or so much thereof as may be needed, is hereby authorized to be expended from the Fed-State Highway Engineering Fund, No. 765 and the General Government Grant Fund, No. 220 as follows:
Part 1
Dept-Div / Fund / Grant / Grant Name / O.L. 01-03 Codes / OCA / Amount
59-12 / 765 / 591181 / Lane Avenue Sidewalks / 06-6621 / 591181 / $197,252.72 (Des & Con Contract)
59-12 / 765 / 591181 / Lane Avenue Sidewalks / 06-6687 / 591181 / $14,157.00 (Des & Con Inspection)
59-12 / 765 / 591181 / Lane Avenue Sidewalks / 06-6621 / 591181 / $25,822.93 (Developer Funds Contract)
59-12 / 765 / 591181 / Lane Avenue Sidewalks / 06-6621 / 591181 / $911,188.02 (FHWA Funds Contract)
59-12 / 765 / 591181 / Lane Avenue Sidewalks / 06-6687 / 591181 / $127,416.00 (FHWA Funds Inspection)
Part 2
Dept-Div / Fund / Grant / Grant Name / O.L. 01-03 Codes / OCA / Amount
59-12 / 765 / 591181 / Lane Avenue Sidewalks / 06-6621 / 591181 / $584,319.06 (FHWA Funds Contract)
59-12 / 765 / 591181 / Lane Avenue Sidewalks / 06-6687 / 591181 / $58,785.00 (FHWA Funds Inspection)
59-12 / 220 / 591180 / Lane Avenue Sidewalks / 06-6621 / 591180 / $64,924.34 (ODOT Funds Contract)
59-12 / 220 / 591180 / Lane Avenue Sidewalks / 06-6687 / 591180 / $6,532.00 (ODOT Funds Inspection)
SECTION 16. 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.