Explanation
1. BACKGROUND
This legislation authorizes the Director of Public Service to execute a contract modification with Burgess and Niple, Inc., for design of the Rich Street Bridge over the Scioto River in the amount of $100,000.00.
This purpose of this contract was to design the replacement of the existing Town Street bridge on a new alignment that connects Rich Street on the east side of the Scioto River to Town Street on the west side of the Scioto River. Other components of the project include the redesign of West Bank Park between Town Street and Rich Street, including Washington Blvd., and Second Street from Rich Street to Mound Street.
As part of this project approximately 0.25 miles of new bikeway will be added which will allow for a continuous bike path at the rivers edge along the west side of the river. Approximately 0.75 miles of sidewalk will be retained in compliance with the walkability and pedestrian quality of service in the downtown area. Also, 30 curb ramps will be added or retained. This project connects to the Scioto Mile project, and supports downtown festival activities, Bicentennial park, and COSI. Bioretention planters will also be installed along with street trees, and West Bank Park will be rebuilt.
This modification will be used to provide ongoing construction related services for the Rich Street Bridge project through construction finalization.
The amount of money set up in modification #4 was originally intended to carry the consultant through the construction phase. Since the beginning of construction several changes occurred that required the consultant to perform services above the original fee. These changes included attending partnering meetings required by ODOT, design of additional LED lighting for the bridge, preparing as-built drawings at the end of construction and making changes to a bridge roadway east of the new bridge.
Burgess and Niple is the engineer of record and needs to be available to continue to answer any request for information from the contractor, or address plan clarifications, and to prepare the as-built drawings.
A fee proposal was used to determine the amount of this modification. Burgess and Niple was selected in April, 2001 in accordance with Chapter 329 for professional service contracts.
The amount of the original contract was $2,125,727.00 (City Auditor's Contract No. EA029459, authorized by Ordinance No. 0563-01)
Modification No. 1 in the amount of $153,000.00 (City Auditor's Contract No. EA029459-003, authorized by Ordinance No. 1337-02). This modification was to include plans for the West Riverbank.
Modification No. 2, in the amount of $875,788.00 (City Auditor's Contract No. EL004644, authorized by Ordinance No. 1265-2004. This modification was for preparation of right-of-way plans to the Ohio Department of Transportation specifications, Scioto West Bank Park construction contract documents, 404/401 and FEMA permit for West Bank Park, East Bank Park construction contract documents and a Historic American Engineering Record (HAER) document.
Modification No. 3, in the amount of $3,613,000.00 (City Auditor's Contract No. EL005560, authorized by Ordinance No. 0675-2005. This modification was for the change in alignment to connect Rich Street on the east side and Town Street on the west side of the Scioto River.
Modification No. 4 in the amount of $1,100,000.00 (City Auditor's Contract No. EL009196, authorized by ordinance No. 0083-2009). This modification was to include Second Street/Scioto Mile as a part of the bridge project and to increase the environmental document due to the addition of Second Street.
This is contract modification number 5 in the amount of $100,000.00.
The total of all Modifications, including this modification: $5,841,788.00
The total contract amount including all modifications: $7,967,515.00
2. CONTRACT COMPLIANCE
Burgess and Niple's Contract Compliance number is 31-0885550 and expires 11/26/2012.
3. EMERGENCY DESIGNATION
Emergency action is requested to ensure sufficient funding is available for this professional services contract through the end of the construction of this project.
4. FISCAL IMPACT
Funds in the amount of $100,000.00 are bugdgeted within the 2011 Capital Improvement budget for this design contract modification. This expense can be accommodated by appropriating and transferring funds needed in the amount of $100,000.00 from the Special Income Tax Fund. Bonds have yet to be sold for the whole project, necessitating a certification of $100,000.00 against the Special Income Tax Fund. Upon sale of bonds, this will be reimbursed.
Title
To authorize the Director of Public Service to modify and increase a professional engineering services contract with Burgess and Niple, Inc.; to authorize and direct the City Auditor to appropriate and transfer $100,000.00 from the Special Income Tax Fund to the Streets and Highways G.O. Bonds Fund; to authorize the City Auditor to appropriate $100,000.00 within the Streets and Highways G.O. Bonds Fund; to authorize the transfer of funds between the Streets and Highways G.O. Bonds Fund and the Fed-State Highway Engineering Fund; to authorize the expenditure of $100,000.00 from the Fed-State Highway Engineering Fund; and to declare an emergency ($100,000.00).
Body
WHEREAS, the Department of Public Service currently maintains a Professional Services Contract with Burgess and Niple for the Design of the Rich Street Bridge; and
WHEREAS, This contract in the amount of $2,125,727.00, City Auditor's Contract No. EA029459-002 and -004 was authorized by Ordinance No. 0563-01, passed April 2, 2001, executed April 13, 2001 and approved by the City Attorney on April 18, 2001; and
WHEREAS, Ordinance No. 1337-02 authorized contract modification No. 1, identified as City Auditor's Contract No. EA029459-003, in the amount of $153,000.00; and
WHEREAS, Ordinance No. 1265-2004 authorized contract modification No. 2, identified as City Auditor's Contract No. EL004644, in the amount of $875,788.00; and
WHEREAS, Ordinance No. 0675-2005 authorized contract modification No. 3, identified as City Auditor's Contract No. EL005560, in the amount of $3,613,000.00; and
WHEREAS, Ordinance No. 0083-2009 authorized contract modification No. 4, identified as City Auditor's Contract No. EL009196, in the amount of $1,100,000.00; and
WHEREAS, the Director of Public Service has identified the need to modify and increase this professional service contract in the amount of $100,000.00 to to provide ongoing construction related services for the Rich Street Bridge project through construction finalization; and
WHEREAS, a satisfactory proposal has been submitted by Burgess and Niple Inc.; and
WHEREAS, it is necessary to transfer funds from the Special Income Tax Fund for 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 $100,000.00; 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 Design and Construction, in that the contract should be modified and increased immediately so that the work may proceed without delay, 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 modify City Auditor's Contract No. EA029459 with Burgess & Niple, Inc., 5085 Reed Road, Columbus, Ohio 43220, for purposes of providing professional engineering services in connection with the Rich Street Bridge Project, in accordance with the terms and conditions as shown in the contract modification agreement on file in the Office of Support Services.
SECTION 2. The sum of $100,000.00 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 $100,000.00 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 / 530301-100004 / Bridge Rehabilitation - Rich Street Bridge / 10-5501 / 740104 / $100,000.00
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 $100,000.00 (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 the transfer of monies between the Streets and Highways G.O. Bonds Fund and the Fed-State Highway Engineering Fund be authorized as follows
From
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / Amount
704 / 530301-100004 / Bridge Rehabilitation - Rich Street Bridge / 10-5501 / 740104 / $100,000.00
To
Fund / Grant# / Grant /Grant Name/ OL01-03 / OCA Code/Amount
765 / 565186 / Rich Street Bridge / 80-0886 / 591291 / / $100,000.00
SECTION 11. The sum of $100,000.00 be and is hereby appropriated from the unappropriated balance of the Fed-State Highway Eng. Fund, Fund 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. 59-12, grant 565186, O.L. 01-03 Codes 06-6682, OCA Code 591291.
SECTION 12. That for the purpose of paying the cost thereof, the sum of $100,000.00 or so much thereof as may be needed, is hereby authorized to be expended from Fund 765, the Fed-State Highway Engineering Fund, Dept-Div. 59-12, OCA code 591291, O.L. 01-03 Codes 06-6682, and grant 565186.
SECTION 13. 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 14. 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.