Explanation
1. BACKGROUND
This ordinance authorizes: 1) the Director of Public Service to accept deposits from NP Limited to be used for construction inspection and administration for the Intersection - E. Powell Road and Lyra Drive project; 2) the establishment of an Auditor Certificate Direct Invoice (ACDI) for the payment of construction inspection and administration services for the project; and 3) the expenditure of funds for the aforementioned purpose. It also authorizes the refund of any unused funds deposited by NP Limited for construction inspection and administration for this project upon the completion of final accounting for the Intersection - E. Powell Road and Lyra Drive project or when the Department of Public Service determines remaining funds are no longer needed for construction inspection and administration for the project.
The aforementioned effort will culminate in the construction of the connection of east Powell Road and Lyra Drive with a roundabout. Other improvements will include lighting, drainage, waterline, sanitary, sidewalk, shared use path and landscaping improvements. NP Limited will oversee the construction of the project, and the Department of Public Service will perform the requisite construction administration and inspection services relative to that effort.
NP Limited recently deposited $101,620.00 with the City Treasurer to support the performance of those services. Ordinance 2631-2018 authorized the execution of a Construction Guaranteed Maximum Reimbursement Agreement for this project, which is currently being finalized.
2. FISCAL IMPACT
The City has received funding in the amount of $101,620.00 from NP Limited for the inspection expenses and deposited said funds in Fund 7766, the Street and Highway Non-Bond Fund, Project P530086-100047 (Intersection - E. Powell Road and Lyra Drive). It is necessary to amend the 2021 Capital Improvement Budget to establish sufficient budget authority for this project. The funds need to be appropriated.
3. EMERGENCY DESIGNATION
Emergency action is requested so as to prevent unnecessary delays in the completion of the aforementioned project.
Title
To amend the 2021 Capital Improvement Budget; to appropriate funds received from NP Limited for construction inspection and administration services in connection to the Intersection - E. Powell Road and Lyra Drive; to authorize the expenditure of $101,620.00 from the Street and Highway Improvement Non-Bond Fund for the project; to accept additional funding from NP limited for construction inspection if needed, to authorize the City Auditor’s Office to appropriate those funds and assign auditor certificates as needed, and to authorize the expenditure of those funds; to refund unused construction inspection and administration funds upon final acceptance of work; and to declare an emergency. ($101,620.00)
Body
WHEREAS, NP Limited is administering the construction of the Intersection - E. Powell Road and Lyra Drive project, which encompasses the construction of the connection of east Powell Road and Lyra Drive with a roundabout and various other infrastructure improvements; and
WHEREAS, the Department of Public Service will be performing construction administration and inspection services relative to that effort; and
WHEREAS, NP Limited recently deposited funds with the City Treasurer to support the performance of construction administration and inspection services; and
WHEREAS, it is necessary to accept and appropriate funds received from NP Limited for construction inspection and administration expenditures relative to the project; and
WHEREAS, it is necessary to amend the 2021 Capital Improvement Budget to establish sufficient budget authority; and
WHEREAS, an ACDI needs to be established to pay for construction inspection and administration expenses relative to the project; and
WHEREAS, this legislation also authorizes, if necessary, the return of the unexpended balance of the inspection funds deposited with the City Treasurer by NP Limited or the acceptance of additional funding from NP Limited should the aforementioned sum prove insufficient to pay the actual costs of construction administration and inspection services; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Service in that it is immediately necessary to authorize the appropriation and expenditure of requisite funds to support the performance of construction administration and inspection services so as to prevent unnecessary delays in the completion of the aforementioned project, 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 2021 Capital Improvement Budget authorized by Ordinance 2707-2021 be amended as follows to establish sufficient authority for this project:
Fund / Project / Project Name / Current / Change / Amended
7766 / P530086-100047 / Intersection - E. Powell Road and Lyra Drive (Street & Highway Imp Carryover) / $400,000.00 / $101,620.00 / $501,620.00 (to match cash)
SECTION 2. That from the unappropriated monies 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, 2022, the sum of $101,620.00 is appropriated in Fund 7766 (Street and Highway Improvement Non-Bond Fund), Dept-Div 5912 (Design and Construction), Project P530086-100047 (Intersection - E. Powell Road and Lyra Drive), in Object Class 06 (Capital Outlay) per the account codes in the attachment to this ordinance.
SECTION 3. That the Director of Public Service be and hereby is authorized to accept funds from NP Limited, 8800 Lyra Drive, Suite 680, Columbus, Ohio 43240, for the Intersection - E. Powell Road and Lyra Drive project to be used for construction inspection and administration expenses in the amount of $101,620.00. The amount deposited by NP Limited is an estimate of said expenses based on the apparent low bid for the project, and additional funds may be needed from NP Limited for that purpose.
SECTION 4. That the expenditure of $101,620.00, or so much thereof as may be needed, is hereby authorized in Fund 7766 (Street and Highway Improvement Non-Bond Fund), Dept-Div 5912 (Design and Construction), P530086-100047 (Intersection - E. Powell Road and Lyra Drive), in Object Class 06 (Capital Outlay) per the account codes in the attachment to this ordinance.
SECTION 5. That the funds necessary to carry out the purpose of this ordinance are hereby deemed appropriated, and the City Auditor shall establish such accounting codes as necessary.
SECTION 6. 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 7. That the City Auditor is hereby authorized to transfer the unencumbered 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.
SECTION 8. That the Director of Public Service be and is hereby authorized to, as necessary, 1) refund the unexpended balance of funds deposited with the City Treasurer by NP Limited to support the performance of construction administration and inspection services necessary to the successful completion of the Intersection - E. Powell Road and Lyra Drive project after final accounting for the project is complete or upon certification from the Department of Public Service that any funds remaining on deposit are not needed and can be returned to NP Limited, or 2) accept additional funds from NP Limited to support the aforementioned services should the actual cost thereof exceed the sum referenced in preceding sections.
SECTION 9. That the City Auditor is hereby authorized to appropriate any additional funds that the City may receive from NP Limited for construction administration and inspection services relative to the Intersection - E. Powell Road and Lyra Drive project and to establish an Auditor’s Certificate (or multiple Auditor’s Certificates if multiple future deposits should be received) for the expenditure of those funds without additional legislation. The Director of Public Service also is hereby authorized to expend the funds established on any of these Auditor Certificates for construction administration and inspection costs for this project without additional legislation.
SECTION 10. 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.