Explanation
Ordinance 0785-2010, passed June 9, 2010, authorized the Director of Finance and Management to execute those documents necessary for the purchase of a parking garage located at 98-102 N. Front Street for the relocation and consolidation of various City parking functions. As part of the City's due diligence activities prior to purchase of the property, the City solicited informal bids for a structural condition assessment of the building including a slab and structural deterioration survey, concrete coring and lab testing of the soluble chloride ion content, compressive strength analysis, and petrographic examination. Desman Inc., dba as Desman Associates (Desman), was hired to conduct this assessment of the condition of the garage structure and to provide the City with a report including a description of renovation items of an immediate and high priority and estimated cost for such renovations.
Desman Associates is a leading national parking facility design and restoration specialist. They were chosen to provide the garage condition assessment because of their extensive knowledge, ability to meet the City's timeline, and prior work as the managing structural engineer for a variety of assessment and restoration projects for a number of parking garages around the city, such as Nationwide Insurance, Grant Hospital, Mt. Carmel Hospital, The Ohio State University, and the Huntington Plaza. As stated, there is now a need to modify the existing contract to allow Desman to: develop construction drawings of the garage; prepare a bid document package with technical specifications describing the renovation work to be completed to enable the City to solicit bids from qualified contractors; assist the City with a pre-bid conference and selection of a contractor, and provide construction observation and administration. The formal competitive bidding requirements of Chapter 329 of the City Code are being waived for the procurement of professional services for this modification.
The original Desman Inc. contract amount was $15,500.00. The amount of this modification is $88,600.00, for a total contracted amount of $104,100.00.
Emergency action is requested as it is immediately necessary to begin renovation work upon the City's acquisition of the property in order to complete weather sensitive work before the winter season, thereby allowing for full occupancy of the garage in compliance with the City's timeline for consolidation and relocation of other City parking functions.
Desman Inc. has a Contract Compliance number of # 11270-9775, expiring 6/07/12.
Fiscal Impact: This project is funded in the 2010 Capital Improvement Budget. However, bonds have yet to be sold for the whole project, necessitating a certification of $88,600.00 against the Special Income Tax Fund. Upon sale of bonds, this will be reimbursed.
Title
To authorize the Director of Finance and Management to modify and increase a contract with Desman Inc. for a professional services to develop construction bid specifications for the garage at 98-102 N. Front Street; to authorize and direct the City Auditor to transfer $88,600.00 from the Special Income Tax Fund to the Construction Management Capital Improvement Fund; to authorize the appropriation of said funds to the Construction Management Capital Improvement Fund; to authorize the expenditure of $88,600.00 from the Construction Management Capital Improvement Fund; to waive the competitive bidding provisions of the Columbus City Codes; and to declare an emergency. ($88,600.00)
Body
WHEREAS, upon completion of the acquisition transaction for the parking garage located at 98-102 N. Front Street, the City needs to immediately address renovation items of an immediate and high priority in the parking garage; and
WHEREAS, the Department of Finance and Management does not currently possess the required levels of expertise to develop construction drawings and technical specifications for the required renovation work and provide construction observation and administration; and
WHEREAS, it is important that professional services be acquired now so that this project can immediately move forward to bid solicitation and project award to a qualified contractor to immediately begin construction to avoid delays from winter weather and meet the City's timeline for consolidation and relocation of other City parking functions; and
WHEREAS, the expenditure of $88,600.00 or so much thereof as may be needed for professional services to prepare construction drawings and technical specifications for bid documents and to provide professional oversight of the required construction renovation and improvements to the parking garage; and
WHEREAS, it is necessary to waive the competitive bidding provisions of the Columbus City Codes, 1959, with respect to professional services due to the consultant's unparalleled knowledge and understanding of downtown traffic issues related to the proposed projects; and
WHEREAS, it is necessary to transfer funds from the Special Income Tax Fund to the 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 the City will issue to finance this contract is presently not to exceed $88,600.00; 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, an emergency exists in the usual daily operation of the Department of Finance and Management, in that it is immediately necessary to begin renovation work upon the City's acquisition of the property in order to complete weather sensitive work before the winter season, thereby allowing for full occupancy of the garage in compliance with the City's timeline for consolidation and relocation of other City parking functions; 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 Finance and Management be authorized to modify and increase agreement EL010503 with Desman Inc., dba Desman Associates, for a professional services contract to develop construction bid specifications for the garage at 98-102 N. Front Street .
SECTION 2. The sum of $88,600.00 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 as 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 $88,600.00 is hereby transferred and appropriated to the Office of Construction Management, 45-27, Construction Management Capital Improvement Fund, Fund 733, Downtown Campus Implementation Plan Improvement -Downtown Parking Garage 450006-100001, Object Level One 06, Object Level Three Code 6681, OCA Code 733006.
SECTION 5. That upon obtaining other funds for professional services at 98-102 N. Front Street, 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 $88,600.00 (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 $88,600.00 or so much thereof as may be needed be and is hereby authorized as follows:
Dept/Div.: 45-27
Fund: 733
Project: 450006-100001
OCA: 733006
OL1: 06
OL3: 6681
SECTION 10. That 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 engineering services for this design modification.
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.