Explanation
1. BACKGROUND
This legislation authorizes the Director of the Department of Public Service to expend up to $144,501.00 for utility relocation expenses in connection with the Parsons/Livingston Avenue improvement project.
Utility relocations performed by private utility companies were a necessary part of the work for this project and the relocation expenses incurred by XO Communications and Time Warner Cable must now be paid. This legislation authorizes payment for completed utility relocation work based on invoices received from XO Communications and Time Warner Cable in the amount of $144,501.00.
The Department of Public Service, Division of Design and Construction is in the process of administering the subject project that will assist the private development initiative currently being undertaken by Nationwide Children's Hospital. The hospital's growth plans will retain and add significant job opportunities for the City of Columbus. The City's roadway improvement project will be constructed with American Recovery and Revitalization Act of 2009 funding.
The purpose of this public improvement project is to widen and improve Livingston Avenue from Ninth Street east to Ohio Avenue and to widen and improve Parsons Avenue from Jackson Street north to a point approximately 200 feet north of Kennedy Drive. This project includes full depth pavement replacement, installation of traffic medians and installation of upgraded tree lawns, street lighting, sidewalks and ADA compliant ramps.
Searches in the Excluded Party List System (Federal) and the Findings for Recovery list (State) produced no findings against XO Communications and Time Warner Cable.
2. CONTRACT COMPLIANCE
XO Communications' contract compliance number is 912019476 and expires 2/13/11
Time Warner Cable's contract compliance number is 133666692 and expires 10/14/10
3. FISCAL IMPACT
Funding for these utility relocations is available due to cancellations of encumbrances from completed projects.
4. EMERGENCY DESIGNATION
Emergency action is requested to pay these utilities for invoices received at the earliest possible time to maintain proper accounting practices.
Title
To authorize the appropriation and expenditure of $144,501.00 or so much thereof as may be necessary for the payment of Utility Relocation expenses to XO Communications and Time Warner Cable for the Parsons/Livingston Avenue Improvements project from the Fed-State Highway Engineering Fund; to amend the 2009 C.I.B.; to authorize the transfer of funds within and from the Streets and Highways G.O. Bonds Fund to the Fed-State Highway Engineering Fund; and to declare an emergency. ($144,501.00)
Body
WHEREAS, the City of Columbus, Department of Public Service, Division of Design and Construction, is engaged in the Parsons/Livingston Avenue Roadway Improvements project; and
WHEREAS, the purpose of this project is to widen and improve Livingston Avenue from Ninth Street east to Ohio Avenue and to widen and improve Parsons Avenue from Jackson Street north to a point approximately 200 feet north of Kennedy Drive; and
WHEREAS, improvements contemplated by this project include full depth pavement replacement, installation of traffic medians and installation of upgraded tree lawns, street lighting, sidewalks and ADA compliant ramps; and
WHEREAS, invoices have been received from XO Communications and Time Warner Cable for utility relocation expenses and it is necessary to provide payment at this time for these expenses; and
WHEREAS, this legislation authorizes the Director of Public Service to make payment to these utilities for the above described expenses; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Service, Division of Design and Construction in that it is immediately necessary to authorize the expenditure of these funds to provide payment to these utilities at the earliest possible time for invoices received and to maintain proper accounting 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 Director of the Department of Public Service, be and is hereby authorized to expend $144,501.00, or so much thereof as may be necessary from the Fed-State Highway Engineering Fund to pay XO Communications ($91,982.00), 8851 Sandy Parkway, Sandy, UT, 84070 and Time Warner Cable ($52,519.00), 1015 Olentanby River Road, Columbus, OH 43212 in the amount of $144,501.00 for utility relocation work performed in connection with the Parsons/Livingston Avenue Improvements Project as follows.
Division of Design and Construction, Dept-Div 59-12
Fund / Project No. / Project / O.L. 03 Codes / OCA Code / Amount
765 / 598091-200000 / Parsons/Livingston / 06-6631 / 598091 / $144,501.00
Section 2. That the 2009 CIB authorized within ordinance 0806-2009 be amended due to encumbrance cancellations of completed projects as follows:
Project Number / Project / Current CIB Amount / amendment amount / CIB amount as amended
530052-100000 / Morse Road Improvements (Carryover) / $0.00 (Carryover) / $19,494.00 (Carryover) / $19,494.00 (Carryover)
530086-100000 / Misc. Intersection Improve.(Carryover) / $25,000.00 (Carryover) / $13,670.00 (Carryover) / $38,670.00
530103-100000 / Arterial Street Rehabilitation (Carryover) / $11,000.00 (Carryover) / $67,004.00 (Carryover) / $78,004.00 (Carryover)
530161-100000 / Roadway Improvements (Carryover) / $1,276,358.00 (Carryover) / $11,053.00 (Carryover) / $1,287,411.00 (Carryover)
Section 3. That the 2009 CIB authorized within ordinance 0806-2009 be amended as follows:
Project Number / Project / Current CIB Amount / amendment amount / CIB amount as amended
530052-100000 / Morse Road Improvements (Carryover) / $19,494.00 (Carryover) / ($19,494.00) (Carryover) / $0.00 (Carryover)
530086-100000 / Misc. Intersection Improve.(Carryover) / $38,670.00 (Carryover) / ($13,670.00) (Carryover) / $25,000.00
530103-100000 / Arterial Street Rehabilitation (Carryover) / $78,004.00 (Carryover) / ($67,004.00) (Carryover) / $11,000.00 (Carryover)
530161-100000 / Roadway Improvements (Carryover) / $1,287,411.00 (Carryover) / ($44,334.00) (Carryover) / $1,243,077.00 (Carryover)
530103-100035 / Arterial Street Rehabilitation - Parsons/Livingston (Carryover) / $0.00 (Carryover) / $144,501.00 (Carryover) / $144,501.00 (Carryover)
Section 4. That the Transfer of cash and appropriation within and between the following funds be authorized as follows:
Transfer from:
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / Amount
704 / 530052-100000 / Morse Road Improvements / 06-6600 / 591250 / $19,493.69
704 / 530086-100000 / Misc. Intersection Improvements / 06-6600 / 590040 / $13,670.00
704 / 530103-100000 / Arterial Street Rehab. / 06-6600 / 590041 / $67,003.18
704 / 530161-100000 / Roadway Improvements / 06-6600 / 590046 / $44,334.13
Total Transfer From: $144,501.00
Transfer to:
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / Amount
704 / 530103-100035 / Arterial Street Rehabilitation - Parsons/Livingston / 10-5501 / 740335 / $144,501.00
Section 5. That the Transfer of monies between the following funds be authorized as follows:
Transfer from:
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / Amount
704 / 530103-100035 / Arterial Street Rehabilitation - Parsons/Livingston / 10-5501 / 740335 / $144,501.00
Transfer To:
Fund / Grant / Grant Name / O.L. 01-03 Codes / OCA / Amount
765 / 598091-200000 / Parsons/Livingston / 80-0886 / 598091 / $144,501.00
Section 6. That the sum of $144,501.00 be and hereby is appropriated from the unappropriated balance of Fund 765, the Federal-State Highway Engineering Fund, and from all monies estimated to come into said funds from any and all sources and unappropriated for any other purpose during the fiscal year ending December 31, 2010 as follows:
Fund / Grant / Grant Name / O.L. 01-03 Codes / OCA / Amount
765 / 598091-200000 / Parsons/Livingston / 06-6600 / 598091 / $144,501.00
Section 7. That the monies appropriated in the foregoing Section 6 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 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.