Explanation
This legislation is to modify and increase the construction contract with Complete General Construction Company for the Sancus Boulevard Improvement - Phase I project in an amount up to $340,226.34. The project limits are Sancus Boulevard from Lazelle Road to Polaris Parkway. The construction included widening the pavement to five lanes, signalization work and new curbs, sidewalks, and street lighting. This contract is to be modified to account for increases in the cost of construction of curb ramps since the contractor bid the project before more stringent ramp construction standards began to be enforced by the City. Other elements of the modification are due to delays caused by coordination with private utilities within the project limits and new commercial construction that required revision of the plans even as the design was underway. Prices were obtained by negotiations with Complete General Construction Company using past project prices for new items and established unit prices for overruns of existing quantities. Modifications on this project total 10.7 percent of the original contract amount. The original contract amount was $3,179,198.55. The total of this and all modifications is $340,226.34. The contract amount including all modifications is $3,519,424.89. Complete General Construction Company's contract compliance number is 31-4366382; expiring April 5, 2005.
Fiscal Impact: This ordinance appropriates $340,226.34 within the Special Income Tax Fund and then transfers this amount to the 1995, 1999 Voted Streets and Highways Fund. This Special Income Tax Fund certification is a temporary measure until the City sells notes or bonds to fund this capital improvement and is necessary because the Transportation Division has exhausted all cash in its Voted Fund.
Emergency action is requested to provide for expeditious project completion and closeout.
Title
To appropriate and authorize the City Auditor to transfer $340,226.34 from the Special Income Tax Fund to the 1995, 1999 Voted Streets and Highways Fund; to authorize the Public Service Director to modify and increase the contract with Complete General Construction Company for the Sancus Boulevard Improvement - Phase I project for the Transportation Division; to authorize the expenditure of $340,226.34 from the 1995, 1999 Voted Streets and Highways Fund, and to declare an emergency. ($340,226.34)
Body
WHEREAS, Contract EA 026051 was authorized by Ordinance 1933-2000 passed on July 31, 2000, executed on August 9, 2000, and approved by the City Attorney on August 10, 2000; and
WHEREAS, it necessary to modify this contract to provide for additional work for the Sancus Boulevard Improvement - Phase I project; and
WHEREAS, the City will sell notes or bonds for the aforementioned project and will reimburse the Special Income Tax Fund, 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 the project is presently expected not to exceed $340,226.34; and
WHEREAS, it is immediately necessary to both appropriate said funds from the Special Income Tax Fund and transfer said funds into the 1995, 1999 Voted Streets and Highways Fund; and
WHEREAS, an emergency exists in the usual daily operation of the Public Service Department, Transportation Division, in that the contract with Complete General Construction Company should be modified and increased immediately for expeditious project completion and closeout, 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 sum of $340,226.34 be and hereby is 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, 2004, to the City Auditor, Department No. 22-01, Object Level One Code 10, Object Level Three Code 5502 and OCA Code 902023.
SECTION 2. That the City Auditor is hereby authorized to transfer said funds to the 1995, 1999 Voted Streets and Highways 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 3. That the amount of $340,226.34 be and hereby is appropriated to the 1995, 1999 Voted Streets and Highways Fund, Fund 704, for the Transportation Division, Department No. 59-09, Object Level One Code 06, Object Level Three Code 6631 and Project 530011.
SECTION 4. That the City Auditor is authorized to establish proper project accounting numbers as appropriate.
SECTION 5. That upon obtaining other funds for the Sancus Boulevard Improvement - Phase I 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 6. That the City Auditor is authorized to make any accounting changes to revise the funding source for any contract or contract modification associated with expenditure of the funds transferred in Section 3, above.
SECTION 7. That the City intends that this ordinance constitute 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 8. That the Public Service Director be and hereby authorized to modify and increase contract EA 026051 with Complete General Construction Company, 1221 East Fifth Avenue, Columbus, Ohio 43219 by $340,226.34 for additional work in accordance with the terms as shown on the modification on file in the office of the City Engineer, which are hereby approved.
SECTION 10. That the sum of $340,226.34, or so much thereof as may be needed, is hereby authorized to be expended from Fund 704, the 1995, 1999 Voted Streets and Highways Fund, Department No. 59-09, Object Level Code One 06, Object Level Three Code 6631, OCA Code 644385 and Project 530011.
SECTION 11. 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.