Explanation
1. BACKGROUND
This legislation authorizes the Director of Public Service to modify and increase the professional engineering services contract for the Resurfacing - General Engineering Contracts 2008 #4 with Prime Engineering and Architecture, in the amount of $125,000.00.
This contract has been used for various projects that spent down the total value. Once it was determined to use Prime Engineering for the Roadway Improvements -Riverview Drive from Olentangy River Road -West Terminus project, it was necessary to modify the contract rather than a start a separate procurement effort due to the planned construction funding schedule.
The contract will be needed during the construction of the Roadway Improvements - Riverview Drive from Olentangy River Road -West Terminus project.
The construction plans for the Roadway Improvements -Riverview Drive from Olentangy River Road -West Terminus project were completed in 2004 then placed on the shelf as construction funding was not available. The project has been programmed in the Capital Improvement plan for construction in 2013.
In order to construct this project, the plans must be revised to today's specifications and account for any changes in the field conditions. The original consultant went out of business which requires the City to use a different consultant to perform these updates. Prime Engineering was selected as the City already has a contract with them which will allow the completion of the plan updates to meet the 2013 construction requirement.
The original contract was $250,000 authorized by ordinance 0563-2008(EL008483).
Ordinance 0293-2010 authorized modification #1 to remove the 2 year timeframe for the contract.
Modification #2 in the amount of $50,000.00 authorized by ordinance 0046-2011 for design of curb ramps constructed in association 2011 resurfacing projects.
The Amount of this Modification #3 is $125,000.00.
The total contract amount including this modification is $425,000.00.
Searches in the Excluded Party List System (Federal) and the Findings for Recovery list (State) produced no findings against Prime Engineering and Architecture, Inc.
2. CONTRACT COMPLIANCE
Prime Engineering (FBE, CC#: 31-1373357, Expiration Date: 11/30/12)
3. FISCAL IMPACT
Funds in the amount of $125,000.00 are budgeted in the 2011 Capital Improvement Budget. This expense can be accommodated by appropriating and transferring funds needed in the amount of $125,000.00 from the Special Income Tax Fund. Bonds have yet to be sold for the whole project, necessitating a certification of $125,000.00 against the Special Income Tax Fund. Upon sale of bonds, this will be reimbursed.
4. EMERGENCY DESIGNATION
Emergency action is requested to maintain the project schedule for this project to update the design of the Roadway Improvements - Riverview Drive Project.
Title
To authorize the Director of Public Service to execute a professional engineering services contract modification with Prime Engineering and Architecture, Inc. in connection with the Resurfacing - General Engineering Contracts 2008 #4 Project; to amend the 2011 C.I.B.; to authorize and direct the City Auditor to transfer $125,000.00 from the Special Income Tax Fund to the Streets and Highways G.O. Bonds Fund; to authorize the City Auditor to appropriate $125,000.00 within the Streets and Highways G.O. Bonds Fund; and authorize the expenditure of $125,000.00 from the Streets and Highways G.O. Bonds Fund for this purpose; and to declare an emergency. ($125,000.00)
Body
WHEREAS, the Department of Public Service currently maintains Resurfacing - General Engineering Contract 2008 #4 with Prime Engineering and Architecture, Inc.; and
WHEREAS, ordinance 0563-2008 authorized the Director of Public Service to enter into contract with Prime Engineering for the Resurfacing - General Engineering Contracts 2008 #4 contract(EL008483); and
WHEREAS, this contract was executed July 30, 2008 and approved by the City Attorney on July 30, 2008; and
WHEREAS, ordinance 0293-2010 authorized the Director of Public Service to modify the contract to remove the 2 year timeframe so that the remaining tasks issued within the contract may continue and to allow for the remaining contract funds be utilized; and
WHEREAS, ordinance 0046-2011 authorized the Director of Public Service to modify the contract for the design of curb ramps constructed in association with 2011 resurfacing projects, and other engineering analysis and reports; and
WHEREAS, the Director of Public Service has identified the need to modify and increase this professional service contract in the amount of $125,000.00 to update plans for the Roadway Improvements - Riverview Drive from Olentangy River Road -West Terminus project; and
WHEREAS, a satisfactory proposal has been submitted by Prime Engineering and Architecture, Inc.; 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 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 $125,000.00; 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 Division of Design and Construction in that this contract should be modified immediately so that funding can be made available to update plans for this project and maintain the current project schedule; now, therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the Director of the Department of Public Service be and is hereby authorized to modify and increase Contract No. EL008483 with Prime Engineering and Architecture, Inc. at 3000 Corporate Exchange Drive, Suite 600, Columbus, OH, 43231 in an amount not to exceed $125,000.00, for the update of plans for the design of the Roadway Improvements - Riverview Drive from Olentangy River Road - West Terminus project, and other engineering analysis and reports.
SECTION 2. That the 2011 Capital Improvement Budget authorized by ordinance 0266-2011 be and is hereby amended to provide sufficient authority for this project as follows:
Fund/Project / Project Name /OCA/ Current / Change / Amended
704 / 530161-100000 / Roadway Improvements (Voted 2008) / $259,013.00 / ($125,000.00) / $134,013.00
704 / 530161-100079 / Roadway Improvements - Riverview Drive from Olentangy River Rd - West Terminus (Voted 2008) / $0.00 / $125,000.00 / $125,000.00
SECTION 3. The sum of $125,000.00 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 4. 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 5. That $125,000.00 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 / 530161-100079 / Roadway Improvements - Riverview Drive from Olentangy River Rd - West Terminus / 06-6600 / 746179 / $125,000.00
SECTION 6. That the monies appropriated in the foregoing Section 5 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 7. 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 4 above.
SECTION 8. 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 4, above.
SECTION 9. 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 $125,000.00 (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 10. All funds necessary to carry out the purpose of this ordinance are hereby deemed appropriated.
SECTION 11. That for the purpose of paying the cost of this design modification, the sum of $125,000.00 or so much thereof as may be needed, is hereby authorized to be expended from the Streets & Highways G.O. Bonds Fund, No. 704, for the Division of Design and Construction, Dept.-Div. 59-12
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / Amount
704 / 530161-100079 / Roadway Improvements - Riverview Drive from Olentangy River Rd - West Terminus / 06-6682 / 746179 / $125,000.00
SECTION 12. 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 13. 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.