Explanation
1. BACKGROUND:
This legislation authorizes the Director of Public Service to modify and increase an existing professional engineering services contract with H.R. Gray & Associates, Inc. for purposes of providing engineering services required to coordinate the City's roadway and underground utility infrastructure capital improvement projects that are scheduled for the RiverSouth District, that is generally bounded along the east side of the Scioto River, Broad Street to the north, High Street to the east, and Mound Street to the south.
These contract services are necessary to combine and coordinate a comprehensive schedule of private development, roadway improvement, and vitally important and aging underground utility infrastructure projects. This contract will ensure that the proposed construction plans are properly planned, scheduled, and implemented in a manner to save time and money, and to minimize the disruption and inconvenience to the businesses, pedestrian and vehicular traffic in this busy downtown area.
2. CONTRACT COMPLIANCE
The H.R. Gray & Associates Contract Compliance number is CC 311050479 which expires 1/17/2010.
3. FISCAL IMPACT:
This contract will incorporate the requisite preliminary engineering services necessary to coordinate the planned and proposed roadway improvements for the Department of Public Service, Division of Design and Construction and the sanitary sewer and waterline rehabilitation/replacement improvements for the Department of Public Utilities.
Funding for this contract modification is being allocated equally between the Division of Design and Construction, Division of Sewerage and Drainage and Division of Power and Water. This legislation also authorizes the required fund transfer and budget authority amendments necessary to fund this modification.
This ordinance authorizes the Director of Public Utilities to transfer and appropriate $59,669.25 in funds from the Sanitary Sewer Reserve Fund to the Voted Sanitary Sewer Bond Fund.
4. MULTI-YEAR RENEWABLE CONTRACT:
This contract was procured with the intent that the Division of Design and Construction may request annual planned contract modifications. This is the first modification to this contract needed to complete the engineering services required to ensure the successful completion of these planned infrastructure improvements. If coordination services continue through 2011, it is estimated that an additional mod may be needed.
5. EMERGENCY DESIGNATION
Emergency action is requested to continue to provide necessary coordination services provided for vital underground utility rehabilitation/replacement services into the planned roadway improvements projects in the RiverSouth District, in order to ensure the continued operation of this vital infrastructure.
Title
To authorize the Director of Public Service to modify and increase the professional engineering services contract with H.R. Gray & Associates, Inc., in connection with various downtown roadway and underground utility infrastructure projects; to amend the 2009 Capital Improvements Budget; to authorize the appropriation and transfer of $59,669.25 from the Sanitary Sewer Reserve Fund to the Voted Sanitary Sewer Bond Fund, to authorize the expenditure of $179,007.75 from the Street and Highway Improvement Fund, the Voted Sanitary Sewer Bond Fund, and Waterworks Enlargement Voted Bond Fund; and to declare an emergency. ($179,007.75)
Body
WHEREAS, Ordinance 1836-2007 authorized contract EL007665 in the amount of $386,742.00 for coordination of various downtown roadway and underground utility infrastructure projects; and
WHEREAS, a planned modification to that contract in the amount of $179,007.75 is necessary in order to continue these services with H.R. Gray & Associates, Inc.; and
WHEREAS, the Division of Design and Construction, Department of Public Service have identified numerous proposed roadway capital improvement projects in the RiverSouth District that is generally bounded along the east side of the Scioto River, Broad Street to the North, High Street to the east, and Mound Street to the South; and
WHEREAS, in coordination with the Department of Public Utilities, city engineering personnel have determined that is critically important to incorporate the rehabilitation and/or replacement of the aging underground utility infrastructure that is located within the Transportation Design and Construction's RiverSouth District roadway improvement project areas; and
WHEREAS, due to the complexity and age of the infrastructure located within the RiverSouth District, together with the proposed private development initiatives that are being undertaken, the Department of Public Service has identified the need to contract for preliminary engineering services to assist the City in coordinating said improvements for purposes of saving time, money and to minimize the disruption and inconvenience to the businesses, pedestrian and vehicular traffic in this busy downtown
WHEREAS, the procurement of the required professional engineering services was conducted in accordance with the Request For Proposals (RFP) Section 329.14, Columbus City Codes, 1959, and a joint Public Service Department and Public Utilities Evaluation Committee reviewed and evaluated four firms who submitted qualified proposals; and
WHEREAS, it is necessary to authorize an amendment to the 2009 Capital Improvements budget for the purpose of creating and providing sufficient budget authority for the aforementioned project expenditure; and
WHEREAS, it is necessary to authorize the transfer and appropriation of funds from the Sanitary Sewer Reserve Fund to the Sanitary Sewer Bond Fund to provide sufficient funding for the RiverSouth District project expenditure; and
WHEREAS, it is necessary for City Council to authorize the expenditure of funds from the Voted Sanitary Sewer Bond Fund; 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 construction of the Project described in this Ordinance (collectively, the "Project"); and
WHEREAS, an emergency exists in the usual daily operation of the Public Service Department, Division of Design and Construction, in that it is immediately necessary to authorize the budget amendment, fund transfer, award of the subject contract services and expenditure, pursuant to the successful incorporation of vital underground utility rehabilitation/replacement services into the planned roadway improvements projects in the RiverSouth District, in order to ensure the continued operation of this vital infrastructure for the preservation 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 Director of Public Service be and is hereby authorized to modify and increase the contract with H.R. Gray and Associates, Inc., 3770 Ridge Mill Drive, Columbus, Ohio 43026, in the amount not to exceed $179,007.75 for preliminary engineering services required for various downtown roadway and underground utility infrastructure projects.
Section 2. That for the purpose of funding a portion of the contract modification cost authorized in Section 1 herein, the appropriation and expenditure of $59,669.25, or so much thereof as may be needed, be and hereby is authorized from the Street and Highway Improvement Fund No. 766, Department/Division 59-12, Object Level 3 No. 6631, as follows:
Project No. 530161| Roadway Improvements| OCA 590010| $59,669.25
Section 3. That the 2009 Capital Improvements Budget Ordinance No. 0806-2009 is hereby amended as follows, to create and provide sufficient budget authority for:
Transfer of Authority for Water:
Proj. No. | Proj. Name | Current Authority | Revised Authority | (Change)
690236-100000 | Water Main Rehab. (carryover) | $10,822 | $477,838 | +$467,016
Section 4. That for the purpose of funding a portion of the contract modification cost authorized in Section 1 herein, the expenditure of $59,669.25, or as much thereof as may be needed, be and hereby is authorized from the Water Works Enlargement Voted Bond Fund No. 606, Department Division 60-09, Object Level Three 6686, as follows:
Project No. 690236 | Water Main Rehabilitation | OCA 642900 | $59,669.25
Section 5. That from the unappropriated monies in the Sanitary Sewer Reserve Fund No. 654, 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, 2009, the sum of $59,669.25 is hereby appropriated to the Division of Sewerage and Drainage as follows:
Division 60-05| OCA Code 901654 | Object Level One 10 | Object Level Three 5502.
Section 6. That the City Auditor be and hereby is authorized and directed to transfer a total of $59,669.25 from the Sanitary Sewer Reserve Fund
Division 60-05| OCA Code 901654 | Object Level One 10 | Object Level Three 5502
to the Voted Sanitary Sewer Bond Fund, Fund 664, into the following projects; the RiverSouth Phase I, Project No. 650404-100038, OCA Code 664404, Object Level Three 6686, in the amount of $29,834.63 and the RiverSouth Phase II, Project No. 650404-100039, OCA Code 664404, Object Level Three 6686, in the amount of $29,834.62 at such time as deemed necessary by the Auditor, and to expend said funds, or so much thereof as may be necessary.
Section 7. That the $59,669.25 is hereby appropriated for the (1) RiverSouth Phase I and (2) RiverSouth Phase II, within the Voted Sanitary Sewer Bond Fund as follows:
Fund 664 | Div. 60-05| Project 650404-100038 | OCA Code 664404 | Object Level Three 6686 | $29,834.63
Fund 664 | Div. 60-05| Project 650404-100039 | OCA Code 664404 | Object Level Three 6686 | $29,834.62
Section 8. That the 2009 Capital Improvements Budget Ordinance No. 0806-2009 is hereby amended as follows, to create and provide sufficient budget authority for
Transfer of Authority for Sanitary:
Proj. No. | Proj. Name | Current Authority | Revised Authority | (Change)
650100-100000| Sanitary Sewer Contingency | $651,493| $591,823 | (- $59,670)
650404.100038 | RiverSouth Phase I | $0.00 | $29,835 | (+ $29,835)
650404.100039 | RiverSouth Phase II | $450,000 | $479,835 | (+ $29,835)
Section 9. That the expenditure of $59,669.25, or as much thereof as may be needed, is hereby authorized from the Voted Sanitary Sewer Bond Fund:
Fund 664 | Div. 60-05| Project 650404-100038 | OCA Code 664404 | Object Level Three 6686 | $29,834.63
Fund 664 | Div. 60-05| Project 650404-100039 | OCA Code 664404 | Object Level Three 6686 | $29,834.62
Section 10. That upon obtaining other funds for the purpose of funding sanitary sewer system capital improvement work, the City Auditor is hereby authorized to repay the Sanitary Sewer Reserve Fund the amount transferred above, and said funds are hereby deemed appropriated for such purposes.
Section 11. 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 $59,665.25 (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 Sanitary/Sewer Reserve Fund 654, which is the fund from which the advance for costs of the Project will be made.
Section 12. That the City Auditor is hereby authorized and directed to transfer any unencumbered balance in the project account to the unallocated balance 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 no longer required for said project; except that no transfer shall be made from a project account by monies from more than one source.
Section 13. That the City Auditor is authorized to establish proper project accounting numbers as appropriate.
Section 14. 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 15. That Searches in the Excluded Party List System (Federal) and the Findings for Recovery list (State) produced no findings against H.R. Gray and Associates, Inc.
Section 16. 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.