Explanation
BACKGROUND: This legislation authorizes the Finance and Management Director to enter into a contract on behalf of the Office of Construction Management with Miles McClellan Construction Company for project management professional services. This will serve as a blanket contract for City buildings. The requested consulting services are for contract administration and other project management tasks necessary to perform work associated with the renovation and repair of City buildings. The work will be executed on behalf of the Office of Construction Management, in order to meet the operational needs of various departments of the City of Columbus.
The Office of Construction Management solicited Requests for Proposals, due on May 21, 2010. The City received eight responses from the following firms (0 FBE, 1 ^MBE): ^Miles McClellan Construction Company, ACM, Thomas Marker, Barton-Malow Company, Louis Perry, Gutknecht Construction, The Quandel Group, Inc., and HR Gray and Associates. A five-person committee evaluated the proposals, consisting of four members from the Office of Construction Management and one from the Facilities Management Division. Miles McClellan Construction Company and ACM compiled the highest score of the candidates. Miles McClellan has prepared accurate cost estimates for the West Side Health project as a sub-consultant.
Emergency action is requested to ensure that needed services are not delayed and to ensure uninterrupted staff augmentation services from the vendor to meet the Office of Construction Management critical schedule and time lines.
Miles McClellan Construction Company Contract Compliance No. 31-0987415, expiration date March 9, 2011.
Fiscal Impact: This project is funded in the 2010 Capital Improvements Budget. However, bonds have yet to be sold for the whole project, necessitating a certification of $250,000.00 against the Special Income Tax Fund. Upon sale of the bonds, this will be reimbursed. This legislation authorizes the expenditure of $250,000.00 or so much thereof, as may be necessary for this purpose.
Title
To authorize the Finance and Management Director to enter into a contract on behalf of the Office of Construction Management with Miles McClellan Construction Company for project management professional services; to authorize and direct the City Auditor to transfer $250,000.00 from the Special Income Tax Fund to the Construction Management Capital Improvement Fund; to authorize the appropriation of said funds to the Construction Management Capital Improvement Fund; to authorize the expenditure of $250,000.00 from the Construction Management Capital Improvement Fund; and to declare an emergency. ($250,000.00)
Body
WHEREAS, it is necessary to establish a contract on behalf of the Office of Construction Management with Miles McClellan Construction Company for project management professional services; 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 the City will issue to finance this contract is presently not to exceed $250,000.00; and
WHEREAS, the City anticipates incurring certain Original Expenditures (as define 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"); and
WHEREAS, an emergency exists in the usual daily operation of the Finance and Management Department, Office of Construction Management, in that it is necessary to authorize the Finance and Management Director to enter into a into a contract on behalf of the Office of Construction Management with Miles McClellan Construction Company for project management professional services to ensure that needed services are not delayed and to ensure uninterrupted staff augmentation services from the vendor to meet the Office of Construction Management critical schedule and time lines; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the Finance and Management Director is authorized to enter into a contract on behalf of the Office of Construction Management with Miles McClellan Construction Company for project management professional services.
SECTION 2. The sum of $250,000.00 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, 2010 to the City Auditor, Department 22-01, Object Level One 10, OCA Code 902023, Object Level Three 5502.
SECTION 3. That the City Auditor is hereby authorized to transfer said funds to the Construction Management Capital Improvement Fund 733, 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 $250,000.00, is hereby transferred and appropriated to the Construction Management Construction Management Improvement Fund 733, project 570030-100203, Object Level One 06, OCA Code 733203 , Object Level Three 6681.
SECTION 5. That upon obtaining other funds for a contract on behalf of the Office of Construction Management for project management professional services, the City Auditor is hereby authorized and directed to repay the Special Income Tax Fund the amount transferred in SECTION 3.
SECTION 6. 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 3 above.
SECTION 7. That the City intends 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 $250,000.00 the "Obligations").
The City intends to make a reimbursement allocation on its books for the Original Expenditures not later than eighteen (18) months following the latter 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 the 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 8. All funds necessary to carry out the purpose of this ordinance are hereby deemed appropriated.
SECTION 9. That the expenditure of $250,000.00 or so much thereof as my be necessary in regard to the
action authorized in SECTION 1, be and is hereby authorized and approved as follows:
Division: 45-27
Fund: 733
Project: 570030-100203
OCA Code: 733203
Object Level: 06
Object Level 3: 6681
Amount $250,000.00
SECTION 10. That the City Auditor is authorized to make any accounting changes to revise the funding source for all contract or contract modifications associated with this ordinance.
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.