Explanation
Background:
The purpose of this legislation is to authorize the appropriation and transfer of $768,248.63.00 from the Special Income Tax Fund No. 430 to the Voted 1995 and 1999 Parks and Recreation Bond Fund No. 702; and, to authorize the Director of Recreation and Parks to enter into a contract with RWS Building Company for the North Bank Park - Issue C1 Project.
Bids were received by the Recreation and Parks Department on December 19, 2003 for the North Bank Park - Issue C1 Project as follows:
Status Amount
RWS Building Company Majority $1,424,000.00
Greater Columbus Majority $1,471,139.00
Apex M & P FBE $1,553,875.00
Hopewell Construction FBE $1,649,000.00
***Central Ohio Building Majority Withdrew Bid
***Contractor had an incomplete bid and requested it be withdrawn.
Project includes general construction trades for work to be performed at North Bank Park.
The Contract Compliance Number for RWS Building Company is #31-0836188.
A contingency amount of $142,000.00 is being included in this project.
The approximate cost of Recreation and Parks staff time on this project is $5,000.00 (03-028).
This ordinance is submitted as an emergency to allow the financial transaction to be posted in the City's accounting system as soon as possible. Up-to-date financial posting promotes accurate accounting and financial management. Additionally, legislation should be emergency to allow project to be kept on schedule with existing and future construction projects in this riverfront area.
Fiscal Impact:
The transfer of $768,248.63 from the Special Income Tax Tund to the Voted 1995 and 1999 Parks and Recreation Bond Fund is a temporary measure until the City sells notes or bonds to fund these improvements.
The balance of $802,751.37 to meet the financial obligations of this contract is budgeted within the Recreation and Parks Grant Fund: Spring & Long Park Development/ODNR - Grant Funds.
Title
To authorize the appropriation and transfer of $768,248.63 from the Special Income Tax Fund to the Voted 1995 and 1999 Parks and Recreation Bond Fund, to authorize the Director of Recreation and Parks to enter into contract with RWS Building Company for the North Bank Park - Issue C1 Project, to authorize the expenditure of said funds as well as $802,751.37 from the Recreation and Parks Grant Fund, and to declare an emergency. ($1,571,000.00)
Body
WHEREAS, bids were received by the Recreation and Parks Department on December 19, 2003, and the contract for the North Bank Park - Issue C1 Project will be awarded on the basis of the lowest and best responsive and responsible bidder; and
WHEREAS, the City will sell notes or bonds to fund this project and will reimburse the Special Income Tax Fund, and 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 $768,248.63; and
WHEREAS, an emergency exists in the usual daily operation of the Recreation and Parks Department in that it is immediately necessary to appropriate said funds from the Special Income Tax Fund and transfer said funds into the Voted 1995 and 1999 Parks and Recreation Bond Fund to allow project to be kept on schedule with existing and future construction projects in this riverfront area; now, therefore
BE IT ORDAINED BY THE COUNDIL OF THE CITY OF COLUMBUS:
SECTION 1. That the Director of Recreation and Parks be and he is hereby authorized and directed to enter into contract with RWS Building Company, for the North Bank Park - Issue C1 Project, in accordance with plans and specifications on file in the Recreation and Parks Department.
SECTION 2. That from the unappropriated monies in the Special Income Tax Fund No. 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, 2004, the sum of $768,248.63 is appropriated to the City Auditor, Department No. 22-01, Object Level 3 - 5502, OCA Code 902023.
SECTION 3. That the City Auditor is hereby authorized to transfer said funds to the Voted 1995 and 1999 Parks and Recreation Bond Fund 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 $768,248.63 is hereby appropriated to the Voted 1995 and 1999 Parks and Recreation Bond Fund, as follows:
Project Project Object OCA
Fund Type Division Fund No. Title Level 3 Code Amount
Capital Proj. 51-01 702 510017 Park & 6621 644526 $763,248.63
Playground Development
Capital Proj. 51-01 702 510017 Park & 6680 644526 5,000.00
SECTION 5. That the expenditure of $1,571,000.00, or so much thereof as may be necessary, be and is hereby authorized from the Voted 1995 and 1999 Parks and Recreation Bond Fund and the Recreation and Parks Grant Fund, Dept. 51-01, as follows, to pay the cost thereof.
Fund Grant or Object OCA
Fund Type No. Proj. No. Proj. Title Level 3 Code Amount
Capital Proj. 286 510206 Spring & Long 6621 510206 $802,751.37
Park Development/ODNR
Capital Proj. 702 510017 Park and 6621 644526 $763,248.63
Playground
Capital Proj. 702 510017 Park and 6680 644526 $ 5,000.00
Playground
SECTION 5. That for the purpose of paying for any contingencies which may occur during this project, the amount of $5,000.000 has been included in Section 5, above. This amount will be expended only after approval by the Director of the Recreation and Parks Department, certification by the City Auditor, and approval of
the City Attorney.
SECTION 6. That the City Auditor is hereby authorized to transfer the unemcumbered balance in a project account to the unallocated balance account within the same fund upon receipt of certification by the Director of the Department administering said project that the project has been completed and the monies are no longer required for said project; except that no transfer shall be so made from a project account funded by monies from more than one source.
SECTION 7. That upon obtaining other funds for this project the City Auditor is hereby authorized to repay the Special Income Tax Fund the amount transferred under Section 3, above; and said funds are hereby deemed appropriated for such purpose.
SECTION 8. That the City Auditor is authorized to make any accounting changes to revise the funding source for any contract or contract modification associated with the expenditure of the funds transferred in Section 3, above.
SECTION 9. That the City intends that this ordinance constitutes an "official intent" for purposes of Section 1.150-2(e) of the Treasury Regulations promulgated pursuant to the Internal Revenue Code of 1986, as amended.
SECTION 10. That for the reasons stated in the preamble hereto, which is herebymade a part hereof, this ordinance is hereby declared to be an emergency measusre 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.