Explanation
1. BACKGROUND
The City of Columbus, Department of Public Service, Division of Design and Construction, is engaged in the Arterial Street Rehabilitation - Alum Creek Drive Phase B/SR104 - Williams Road Project. This legislation authorizes the Director of Public Service to modify and increase the professional engineering services contract for the Arterial Street Rehabilitation - Alum Creek Drive Phase B/SR104 - Williams Road Project with Stantec Consulting Services Inc, in the amount of $96,116.00.
Alum Creek Drive serves as a major connector route between Rickenbacker International Airport, I-270, State Route 104 and I-70 and the proposed improvement will serve several commercial truck terminals and warehouse/distribution facilities located within the project corridor.
This project consists of the widening and reconstruction of approximately 2.07 miles of Alum Creek Drive from Williams Road northward to Performance Way/Refugee Road South. The project has been designed to include the addition of curb and gutter, a closed drainage system and street lighting, as well as 2,275 feet of widening and reconstruction on Williams Road and 850 feet of widening and reconstruction on Watkins Road.
Pedestrian generators and destinations impacting this project include older established residential neighborhoods, newer subdivisions, apartment homes, senior residential facilities, churches, schools, day care facilities, and neighborhood oriented retail shops including fast food establishments and gas stations within the project corridor. Also as part of this project 4 miles of 8 foot wide shared use paths will be added or reconstructed on both sides of Alum Creek Drive within the project limits; installation of 6 foot wide sidewalks on those portions of each side street within the project limits; and the construction or reconstruction of 88 ADA ramps at appropriate locations including intersections, service drives and driveways.
Work performed to date includes the design to widen Alum Creek Drive to five lanes, add sidewalks, storm sewers, street lights, curbs, and a shared use trail on both sides of the street.
This contract modification is necessary to provide additional design services to update plans to incorporate additional comments received on roadway construction plan documents, additional maintenance of traffic detours, update traffic signal details and notes due to change in traffic standards, update plans to show electric facility labels, and provide design and plan preparation for a proposed noise wall not in the original scope.
Stantec Consulting Services Inc. has been the design consultant for this project and has a familiarity with all aspects of the project. It would not be practical to contract with a different consultant for tasks necessary to be completed because of their familiarity. A satisfactory modification proposal was submitted by Stantec for modification number 4.
The original contract amount was $464,200.00 (Contract No. EL003781 was authorized by Ordinance No. 2661-98)
Modification Number 1: $139,385.03 (Ordinance 1791-2003 City Auditor Contract number EL003781)
This modification was to update the plans for changes in field conditions, eliminate an 8 foot shoulder, add signal warrants, add soil borings and include new city standards for wheelchair ramps.
Modification Number 2: $202,855.00 (Ordinance 1403-2006)
This modification was to incorporate revised city and state standards and guidelines, provide additional surveying and plan design changes for new developments that have occurred along Alum Creek, a new traffic signal at New World Drive, a 24" waterline (per the Power and Water Division's request) and additional design changes to provide accommodations for Americans with Disabilities Act (ADA) features and bikeway facilities and to modify the plans to reflect changes in lighting and drainage standards.
Modification Number 3: $200,000.00 (Ordinance 0996-2008)
This contract modification was necessary for additional topographic survey and plan changes due to development in the project area, for construction engineering, upgrade of a waterline from a 24 inch line to a 30 inch line.
The total of this modification, No. 4 is $96,116.00
The total of all modifications including modification #4 is $638,356.03.
The proposed contract amount, including all modifications is $1,102,556.03
Searches in the Excluded Party List System (Federal) and the Findings for Recovery list (State) produced no findings against Stantec Consulting Services Inc.
2. CONTRACT COMPLIANCE
Stantec Consulting Services Inc., Contract Compliance Number: 112167170, Expiration Date: 12/17/11)
3. FISCAL IMPACT
Funds in the amount of $96,116.00 are budgeted in the 2011 Capital Improvement Budget. This expense can be accommodated by appropriating and transferring funds needed in the amount of $96,116.00 from the Special Income Tax Fund. Bonds have yet to be sold for the whole project, necessitating a certification of $96,116.00 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 Arterial Street Rehabilitation - Alum Creek Drive Phase B/SR104 - Williams Road Project.
Title
To authorize the Director of Public Service to execute a professional engineering services contract modification with Stantec Consulting Services Inc. in connection with the Arterial Street Rehabilitation - Alum Creek Drive Phase B/SR104 - Williams Road Project; to authorize and direct the City Auditor to transfer $96,116.00 from the Special Income Tax Fund to the Streets and Highways G.O. Bonds Fund; to authorize the City Auditor to appropriate $96,116.00 within the Streets and Highways G.O. Bonds Fund; to authorize the City Auditor to transfer $96,116.00 from the Streets and Highways G.O. Bonds Fund to the Fed-State Highway Engineering Fund; to appropriate and authorize the expenditure of $96,116.00 from the Fed-State Highway Engineering Fund for this purpose; and to declare an emergency. ($96,116.00)
Body
WHEREAS, the Department of Public Service currently maintains a professional services contract for the Arterial Street Rehabilitation - Alum Creek Drive Phase B/SR104 - Williams Road Project with Stantec Consulting Services Inc.; and
WHEREAS, Contract No. EL003781 was authorized by Ordinance No. 2661-98, passed by Council on October 19, 1998, executed December 23, 1998, and approved by the City Attorney January 4, 1999, and
WHEREAS, ordinance 1791-2003 authorized contract modification #1 (City Auditor number EL003781)in the amount of $139,385.03 to update the plans for changes in field conditions, eliminate an 8 foot shoulder, add signal warrants, add soil borings and include new city standards for wheelchair ramps; and
WHEREAS, ordinance 1403-2006 authorized contract modification #2 in the amount of $202,855.00 to incorporate revised city and state standards and guidelines, provide additional surveying and plan design changes for new developments that have occurred along Alum Creek, a new traffic signal at New World Drive, a 24" waterline and additional design changes to provide accommodations for Americans with Disabilities Act (ADA) features and bikeway facilities and to modify the plans to reflect changes in lighting and drainage standards; and
WHEREAS, ordinance 0996-2008 authorized contract modification #3 in the amount of $200,000.00 for additional topographic survey and plan changes due to development in the project area, for construction engineering, and upgrade of a waterline from a 24 inch line to a 30 inch line ; and
WHEREAS, the Director of Public Service has identified the need to further modify and increase this professional service contract in the amount of $96,116.00 to provide additional design services to update plans to incorporate additional comments received on roadway construction plan documents, additional maintenance of traffic detours, update traffic signal details and notes due to change in traffic standards, update plans to show electric facility labels, and provide design and plan preparation for a proposed noise wall not in the original scope; and
WHEREAS, a satisfactory proposal has been submitted by Stantec Consulting Services 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 $96,116.00; 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. EL003781 with Stantec Consulting Services Inc. at 1500 Lake Shore Drive, Suite 100, Columbus, OH 43204 in an amount not to exceed $96,116.00, for additional professional services related to the Arterial Street Rehabilitation - Alum Creek Drive Phase B/SR104 - Williams Road Project.
SECTION 2. The sum of $96,116.00 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 3. 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 4. That $96,116.00 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 / 530103-100026 / Alum Creek Drive Phase B/SR104 - Williams Road Project / 10-5501 / 531326 / $96,116.00.
SECTION 5. That the monies appropriated in the foregoing Section 4 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 6. 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 3 above.
SECTION 7. 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 8. 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 $96,116.00 (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 9. All funds necessary to carry out the purpose of this ordinance are hereby deemed appropriated.
SECTION 10. That the transfer of funds between the Streets and Highways G.O. Bonds Fund, number 704, and the Fed-State Highway Engineering Fund, number 765, be authorized as follows
From
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / Amount
704 / 530103-100026 / Alum Creek Drive Phase B/SR104 - Williams Road Project / 10-5501 / 531326 / $96,116.00.
To
Fund / Grant / Grant Name / O.L. 01-03 Codes / OCA / Amount
765 / 597015-100000 / Alum Creek Drive / 80-0886 / 597015 / $96,116.00
SECTION 11. That $96,116.00 is hereby appropriated within Fund 765, the Fed-State Highway Engineering Fund, Dept-Div. 59-12, Division of Design and Construction as follows:
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / Amount
765 / 597015-100000 / Alum Creek Drive / 06-6600 / 591294 / $96,116.00
SECTION 12. That for the purpose of paying the cost of this design modification, the sum of $96,116.00 or so much thereof as may be needed, is hereby authorized to be expended from the the Fed-State Highway Engineering Fund, No. 765, for the Division of Design and Construction, Dept.-Div. 59-12
Fund / Grant / Grant Name / O.L. 01-03 Codes / OCA / Amount
765 / 597015-100000 / Alum Creek Drive / 06-6600 / 591294 $96,116.00
SECTION 13. 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 14. 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.