Explanation
BACKGROUND: This ordinance authorizes the Finance and Management Director to modify a professional services contract with Mull & Weithman Architects, Inc. for architectural and engineering services for the new Police Division property room project located at 724 Woodrow Avenue. Requests for Proposals (RFPs) were available on August 21, 2007, and four firms submitted proposals on or before September 17, 2007. The original contract was authorized by Ordinance No. 2059-2007, passed December 10, 2007.
The initial design work focused on protecting the asset by replacing the roof, securing the building envelope, and designing and replacing the building HVAC system. Now that these tasks have been completed, the remaining design work must be modified and updated. Mull & Weithman Architects, Inc. has institutional knowledge of the project and produced the original design plans. It is practical and cost effective for the coordination and continuity of the project to use Mull & Weithman Architects, Inc. on the design modifications. Selecting another architect at his 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 professional services.
The architectural and engineering services shall include surveying, architectural design, and administrative services, mechanical, electrical, fire protection, plumbing, technology, security systems, and furniture, fixtures and equipment. The architectural and engineering services shall also include limited Master planning to incorporate Phase III, the crime lab. The overall project design will be designed with Green Building Principles.
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 $679,515.00 against the Special Income Tax Fund. Upon sale of the bond, this will be reimbursed. This legislation authorizes the expenditure of $679,515.00 or so much thereof, as may be necessary for this purpose. The cost of the original contract was $400,000.00. The cost of this modification is $679,515.00 for a total of $1,079,515.00.
Mull & Weithman Architects, Inc. Contract Compliance No. 31-1635306, expiration date January 4, 2012.
Title
To authorize the Finance and Management Director to modify a professional services contract on behalf of the Office of Construction Management with Mull & Weithman Architects, Inc. for architectural and engineering services for the new Police Division property room project located at 724 Woodrow Avenue; to authorize and direct the City Auditor to appropriate and transfer $679,515.00 from the Special Income Tax Fund to the Public Safety Voted Bond Fund; to authorize the City Auditor to appropriate $679,515.00 within the Public Safety Voted Bond Fund; and to authorize the expenditure of $679,515.00 from the Public Safety Voted Bond Fund; and to declare an emergency. ($679,515.00)
Body
WHEREAS, Ordinance No. 2059-2007, passed, December 10, 2007, authorized the Finance and Management Director to contract with Mull & Weithman Architects, Inc. for architectural and engineering services for the new Police Division property room project at 724Woodrow Avenue; 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 $679,515.00; 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 Mull & Weithman Architects, Inc. for additional architectural and engineering services and now, therefore:
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Service and Transportation in that it is immediately necessary to permit the Property Room design contract modification to move forward in an expeditious manner which will save approximately thirty days in the design process and permit an earlier bidding process for the facility renovation; for the preparation of 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 hereby authorized to modify a contract with Mull & Weithman Architects, Inc. for architectural and engineering services for the new Police Division property room project located at 724 Woodrow Avenue.
SECTION 2. The sum of $679,515.00 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 Public Safety Voted Bond Fund 701, 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 $679,515.00 is hereby transferred and appropriated to the Division of Police, 30-03, Public Safety Capital Improvement Fund, Fund 701, Police Property Room/Crime Lab, Project 330033-100000, Object Level One 06, Object Level Three Code 6620, OCA Code 644476.
SECTION 5. That upon obtaining other funds for the modification a professional services contract on behalf of the Office of Construction Management with Mull & Weithman Architects, Inc. for architectural and engineering services for the new Police Division property room project located at 724 Woodrow Avenue, 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 $679,515.00 (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 $679,515.00, 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: 30-03
Fund: 701
Project: 330033-100000
OCA: 644476
Object Level 1: 06
Object Level 3: 6620
Amount: $679,515.00
SECTION 10. That this ordinance shall take effect and be in force from and after the earliest period allowed by law. 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 passaage and approvals by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.