Explanation
BACKGROUND: This ordinance authorizes the Finance and Management Director to modify a professional services contract on behalf of the Office of Construction Management with Bird Houk Collaborative for architectural and engineering services for the main electrical service and distribution upgrade at the Municipal Court Building, 375 South High Street.
Requests for Statements of Qualifications were available on February 16, 2007, and five firms submitted proposals on or before February 26, 2007. The original contract was authorized by Ordinance No. 1115-2007, passed July 9, 2007, for the production of detailed plans identified for Construction Management projects, the hosting of design meetings, preliminary construction and final cost estimates, master and operational plans, ensuring code compliance, bidding documents/plans, obtaining proper permit documents, and construction administration. This modification authorizes a contract modificaiton in order to create the documents documents to rework the existing space around the existing switchgear room to facilitate the new equipment needed for the electrical service and distribution system.
This modification is necessary due to unforeseen circumstances surrounding the electrical feed. It is practical and cost effective for coordination and continuity of the project to use Bird Houk Collaborative for this modification. Selecting another architect at this point would lead to duplicated work and possibly mistakes. Therefore, it would not be in the best interests of the City to request qualifications for these ongoing professional services.
Emergency action is requested so that the necessary architectural and engineering services can be completed as soon a possible, thereby ensuring important electrical upgrades are not delayed.
Bird Houk Collaborative Contract Compliance No. 31-1366142; Expiration date November 11, 2011.
Fiscal Impact: This project is funded in the 2010 Capital Improvements Budget. However, bonds have yet to be sold for the whole project, necessitating a certification of $48,500.00 against the Special Income Tax Fund. Upon sale of bonds, this will be reimbursed. This legislation authorizes the expenditure of $48,500.00 or so much thereof, as may be necessary for this purpose. The original contract amount was $500,000.00. The cost of this modification is $48,500.00. The total cost of this contract is $548,500.00.
Title
To authorize the Finance and Management Director to modify a professional services contract on behalf of the Office of Construction Management with Bird Houk Collaborative for architectural and engineering services for the main electrical service and distribution upgrade at the Municipal Court Building, 375 South High Street; to authorize and direct the City Auditor to transfer $48,500.00 from the Special Income Tax Fund to the Construction Management Capital Improvement Fund; to authorize the City Auditor to appropriate said funds within the Construction Management Capital Improvement Fund; to authorize the expenditure of $48,500.00 from the Construction Management Capital Improvement Fund; and to declare an emergency. ($48,500.00)
Body
WHEREAS, Ordinance No. 1115-2007, passed July 9, 2007, authorized the Finance and Management Director to enter into a contract with Bird Houk Collaborative for architectural and engineering consulting services at the Municipal Court Building, 375 South High Street; 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 a temporary funding method; and
WHEREAS, the aggregate principal amount of obligations the City will issue to finance this contract is presently expected not to exceed $48,500.00; and
WHEREAS, the City anticipates incurring certain Original Expenditures (as define 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, it is necessary to modify the contract with Bird Houk Collaborative for architectural and engineering services for the main electrical service and distribution upgrade at the Municipal Court Building, 375 South High Street; and;
WHEREAS, an emergency exists in the usual daily operation of the Finance and Management Department, Office of Construction Management, in that it is immediately necessary to authorize the Finance and Management Director to modify a professional services contract on behalf of the Office of Construction Management with Bird Houk Collaborative for architectural and engineering services for the main electrical service and distribution upgrade at the Municipal Court Building, 375 South High Street, so that the necessary architectural and engineering services can be completed as soon a possible, thereby ensuring important electrical upgrades are not delayed, 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 Finance and Management Director is authorized to modify a professional services contract on behalf of the Office of Construction Management with Bird Houk Collaborative for architectural and engineering services for the main electrical service and distribution upgrade at the Municipal Court Building, 375 South High Street.
SECTION 2. The sum of $48,500.00 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 Construction Management Capital Improvement Fund 733, at such time is deemed necessary by the City Auditor, and to expend said funds, or so much thereof as may be necessary.
SECTION 4. That the amount of $48,500.00 is hereby transferred and appropriated to the Office of Construction Management, 45-07, Construction Management Capital Improvement Fund, Fund 733, Municipal Court Professional Services 570043-100008, Object Level One 06, Object Level Three Code 6620, OCA Code 733000.
SECTION 5. That upon obtaining other funds for the modification of a professional services contract for architectural and engineering services for the main electrical service and distribution upgrade, the City Auditor is hereby authorized and directed to repay the Special Income Tax Fund the amount transferred under Section 2.
SECTION 6. That the City Auditor is authorized to establish the proper accounting project number and to make any accounting changes to review the funding any contract or contract modification associated with the expenditure of funds transferred.
SECTION 7. That the City intends 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 $33,400.00 (the "Obligations").
The City intends to make a reimbursement allocation on its books for the Original Expenditures not later than eighteen (18) 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 the 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 8. All funds necessary to carry out the purpose of this ordinance are hereby deemed appropriated.
SECTION 9. That the expenditure of $48,500.00, or so much thereof as my be necessary in regard to the action authorized in SECTION 1, be and is hereby authorized and approved as follows:
Division: 45-27
Fund: 733
Project: 570043-100008
OCA Code: 733000
Object Level: 06
Object Level 3: 6620
Amount $48,500.00
SECTION 10. 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 or vetoes the same.