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File #: 2043-2014    Version: 1
Type: Ordinance Status: Passed
File created: 9/3/2014 In control: Public Service & Transportation Committee
On agenda: 9/22/2014 Final action: 9/25/2014
Title: To amend the 2014 Capital Improvement Budget; to authorize the City Auditor to transfer cash and appropriation between projects within the Streets and Highways Bonds Fund; to authorize the Director of Public Service to modify and increase the contract for the design of the Short North Streetscape Improvement contract with Korda Nemeth Engineering, Inc.; to authorize the expenditure of $250,000.00 within the Streets and Highways Bonds Fund; and to declare an emergency. ($250,000.00)
Explanation
 
1.  BACKGROUND
This legislation authorizes the Director of Public Service to modify and increase an existing contract with Korda Nemeth Engineering, Inc. for the Short North Streetscape Improvement contract in an amount up to $250,000.00.  
 
Ordinance 0157-2012 authorized the preparation of a preliminary engineering document to recommend streetscape improvements to High Street from Convention Center Drive to King Ave./E. 7th Ave.
 
Ordinance 1231-2012 authorized an extension of the project boundaries from King Ave./E. 7th Ave. to 9th Ave. with the same scope as the original contract.
 
Work performed to date for this project includes the preliminary engineering study and meetings with primary stakeholders of the project.  The preliminary engineering study is nearly complete and the next step of the project is detailed design for Phase 1.
 
This modification consists of detailed design and construction plan preparation services for Phase 1 of the project, High Street from Convention Center Drive to Goodale Street.  Improvements to be designed are primarily focused on updating and enhancing the pedestrian environment including lighting, curb extensions, sidewalk, ADA compliance, and streetscape/landscaping components.  Additionally, design of improvements to features within the corridor such as traffic signals, utilities, storm water infrastructure, pavement, and bikeway facilities will be performed.
      
The original contract amount:                             $500,000.00           (EL012458, Ord. 0157-2012)                          
The total of Modification No. 1:                          $ 63,726.04       (EL013026, Ord. 1231-2012)
The total of Modification No. 2:                  $250,000.00
The contract amount including all modifications:   $813,726.04   
 
Searches in the Excluded Party List System (Federal) and the Findings for Recovery list (State) produced no findings against Korda Nemeth Engineering, Inc.  
 
3. PLANNED MODIFICATION
This is a planned modification.  The original ordinance, 0157-2012, stated that after the preliminary engineering was complete, the project may involve final engineering and construction plan preparation of "one phase".  Since the original ordinance in 2012, the department has decided to split the detailed design from "one phase" into multiple phases.  This ordinance seeks approval to fund Phase 1 detailed design.  If funds remain after the Phase 1 detailed design is substantially complete and the department pursues additional phases, some of these funds may be repurposed for additional phases up to the amount of funds available from the original and all contract modifications.
 
If additional phases are pursued and additional funds are needed to complete detailed design, the Director shall seek City Council approval to modify this contract and expend additional funds.
 
3.  CONTRACT COMPLIANCE
The contract compliance number for Korda Nemeth Engineering, Inc. is 310922991 and expires 7/17/15.
 
4.  FISCAL IMPACT
Funds in the amount of $250,000.00 are available for this project in the Streets and Highways G.O. Bonds Fund within the Department of Public Service.  An amendment to the 2014 Capital Improvements Budget is necessary for the purpose of providing sufficient spending authority for the aforementioned project expenditure.
 
5.  EMERGENCY DESIGNATION
Emergency action is requested to provide necessary design funding and prevent unnecessary delays in the Department of Public Service's Capital Improvement Program.
 
 
Title
 
To amend the 2014 Capital Improvement Budget; to authorize the City Auditor to transfer cash and appropriation between projects within the Streets and Highways Bonds Fund; to authorize the Director of Public Service to modify and increase the contract for the design of the Short North Streetscape Improvement contract with Korda Nemeth Engineering, Inc.; to authorize the expenditure of $250,000.00 within the Streets and Highways Bonds Fund; and to declare an emergency. ($250,000.00)
 
 
Body
 
WHEREAS, contract no. EL012458, in the amount of $500,000.00, was authorized by ordinance no. 0157-2012; and
 
WHEREAS, contract no. EL013026, in the amount of $63,726.04, was authorized by ordinance no. 1231-2012; and
 
WHEREAS, the Department of Public Service has determined it to be in the city's best interest to modify the subject contract for the purpose of performing detailed design for Short North Streetscape Improvement Phase 1 and using any remaining funds from the original contract and all modifications for future phases, up to the amount of funds available from the original and all contract modifications ($813,726.04), if the Department pursues future phases and funds are available; and
 
WHEREAS, this is a planned modification and the Director of Public Service may request additional, future planned modifications for additional phases; and
 
WHEREAS, this ordinance authorizes the Director of the Department of Public Service to enter into a second modification to the Short North Streetscape Improvement contract in an amount up to $250,000.00 with Korda Nemeth Engineering, Inc.; and
 
WHEREAS, the total contract amount, including this modification, is $813,726.04; and
 
WHEREAS, it is necessary to amend the 2014 Capital Improvement Budget to establish sufficient authority for this modification; and
 
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Service in that it is immediately necessary to modify this contract so as to prevent unnecessary delays in the Department's Capital Improvement Program, 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 2014 Capital Improvements Budget authorized by ordinance 0683-2014 be and is hereby amended to provide sufficient budget authority for the appropriate projects authorized within this ordinance as follows:
 
Fund / Project / Project Name / C.I.B. / Change / C.I.B. as Amended
704 / 530801-100001 / Downtown Streetscape - Short North (carryover)/ $650,000 / ($250,000) /$400,000
704 / 530053-100001 / Short North - High Street Improvements Ph 1 (carryover) / $0 / $250,000 /$250,000
 
SECTION 2.  That the City Auditor be and is hereby authorized to transfer cash and appropriation within the Streets and Highways Bonds Fund, No. 704, as follows:
 
Transfer from:
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / Amount
704 / 530801-100001 / Downtown Streetscape - Short North / 06-6600 / 780101 / $250,000.00
 
Transfer to:
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / Amount
704 / 530053-100001 / Short North - High Street Improvements Ph 1 / 06-6600 / 745301 / $250,000.00
 
SECTION 3.  That the Director of Public Service be and is hereby authorized to modify and increase contract no. EL012458, with Korda Nemeth Engineering, Inc., 1650 Watermark Drive, Suite 200, Columbus, OH 43215, by up to $250,000.00 for additional work in accordance with the terms as shown on the modification on file in the Office of Support Services and to use any remaining funds from the original contract and all modifications for future phases, up to the amount of funds available from the original and all contract modifications to date ($813,726.04).
      
SECTION 4.  That for the purpose of paying the cost of this contract the sum of up to $250,000.00 or so much thereof as may be needed, is hereby authorized to be expended from the Streets and Highways Bond Fund as follows:
 
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / Amount
704 / 530053-100001 / Short North - High Street Improvements Ph 1 / 06-6682 / 745301 / $250,000.00
 
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 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.