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File #: 0566-2013    Version: 1
Type: Ordinance Status: Passed
File created: 2/25/2013 In control: Public Service & Transportation Committee
On agenda: 4/22/2013 Final action: 4/24/2013
Title: To amend the 2013 Capital Improvement Budget; to authorize the City Auditor to transfer cash and appropriation within the Streets and Highways Bond Fund; to authorize the Director of Public Service to enter into a contribution agreement with AT&T for the purpose of the City providing AT&T with funding for City work to be included in AT&T’s fiber optic project (City Excavation Permit No. 62071 SE, Dayton Oh to Columbus Oh Neil Avenue FT “A” Cable Route); to authorize the expenditure of up to $100,000.00 from the Streets and Highways Bonds Fund ; and to declare an emergency. ($100,000.00)
Explanation
 
1.  BACKGROUND
This ordinance authorizes the Director of Public Service to enter into a contribution agreement with AT&T Corp. (AT&T) for the purpose of the City providing AT&T with funding for necessary work to be included in AT&T's fiber optic project (City Excavation Permit No. 62071 SE, Dayton, OH to Columbus, OH Neil Avenue FT "A" Cable Route) on the eastside of Neil Avenue from Goodale Street to Fifth Avenue.
 
The AT&T project will install the following for the City of Columbus Department of Public Service:  4,900 linear feet of (1)-3" SDR-11 HDPE conduit with pull tape and 12 - Columbus CMS Item 625 Pull Box, Concrete Round, 32".
 
The purpose of the agreement is to have the AT&T fiber optic project on Neil Avenue install an interconnect conduit for the City's Intersection Improvement - Neil Ave Signals project (CIP project 540007-100029).  Entering into this agreement will benefit the Intersection Improvement - Neil Ave Signals project in the following ways:
1)  The existing street light poles will not have to be replaced to accommodate the clearance requirement of attaching the aerial interconnect cable to them.
2)  Having AT&T's project install the conduit is a less expensive alternative than replacing the street light poles.
3)  It will no longer be necessary to cut trees in this area of Victorian Village (Buttles Ave. to 5th Ave.) for street light pole replacement and interconnect cable attachment.
4)  There will be less of a chance to potentially damage to the trees during construction since a large portion of the cable will be going underground instead of overhead.
5)  The interconnect cable will be protected from the natural elements by being in an underground conduit.
6)  It will no longer be necessary have to go through the process of obtaining a joint use application from AEP, which usually add additional time to the design schedule.
 
AT&T's consultant (TGC Engineering, LLC) is working on completing the final review comments for permitting.  The project received the excavation permit in early February and TGC Engineering will be sending the plans out for contractor bid by the middle of March.
 
Searches in the System for Award Management (Federal) and the Findings for Recovery list (State) produced no findings against AT&T Corp.
 
2.  FISCAL IMPACT:
As part of the agreement authorized by this ordinance the City will reimburse AT&T for expenses incurred for, but not limited to, installing conduit and pull boxes, up to $100,000.00.  Should the bid amount come in higher or the final accounting indicate additional funds are needed, the Director shall submit legislation seeking approval for an agreement modification. Funding for this contract is available within the 2012 CIB.  A transfer of cash and appropriation is necessary to align funding in the proper project for this contract.  These funds will be reimbursed with the 2013 Bond Sale.
 
3.  CONTRACT COMPLIANCE
The contract compliance number for AT&T is 134924710 and expires 4/3/15.
 
 
4.  Emergency Justification
Emergency action is requested in order to meet AT&T's schedule and to take advantage of the cost savings and lesser environmental impact for upgrading the signals.
 
Title
 
To amend the 2013 Capital Improvement Budget; to authorize the City Auditor to transfer cash and appropriation within the Streets and Highways Bond Fund; to authorize the Director of Public Service to enter into a contribution agreement with AT&T for the purpose of the City providing AT&T with funding for City work to be included in AT&T's fiber optic project (City Excavation Permit No. 62071 SE, Dayton Oh to Columbus Oh Neil Avenue FT "A" Cable Route); to authorize the expenditure of up to $100,000.00  from the Streets and Highways Bonds Fund ; and to declare an emergency.  ($100,000.00)
 
Body
 
WHEREAS, AT&T is engaged in their fiber optic project (City Excavation Permit No. 62071 SE, Dayton, OH to Columbus, OH Neil Avenue FT "A" Cable Route) on the eastside of Neil Avenue from Goodale Street to Fifth Avenue; and
 
WHEREAS, as part of AT&T's project the City shall partner with AT&T by providing funding for City work related to Intersection Improvement - Neil Ave Signals project to be included in AT&T's fiber optic project on the eastside of Neil Avenue from Goodale Street to Fifth Avenue; and
 
WHEREAS, this ordinance authorizes the Director of Public Service to enter into a contribution agreement with AT&T for their fiber optic project (City Excavation Permit No. 62071 SE, Dayton Oh to Columbus Oh Neil Avenue FT "A" Cable Route) on the eastside of Neil Avenue from Goodale Street to Fifth Avenue; and
 
WHEREAS, it is necessary to authorize transfer and appropriation of funds within the Streets and Highway Bond Fund for the purpose of providing sufficient spending authority for the aforementioned project expenditure; and
 
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Service, in order to maintain the project schedule and to take advantage of the cost savings and lesser environmental impact for upgrading the signals, 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 2013 Capital Improvement Budget established within ordinance 0645-2013 be and hereby is amended as follows to establish sufficient authority for this project:
 
Fund / Project / Project Name / CIB / Change / CIB as Amended
704 / 530060-100000 / Neil Avenue Area Improvements / $460,000 / ($100,000) / $360,000
704 / 540007-100029 / Traffic Signal Installation - Neil Avenue Signals / $100,000 / $100,000 / $200,000
 
SECTION 2.  That the City Auditor be and is hereby authorized to transfer cash and appropriation within the Streets and Highways G.O. Bonds Fund, No. 704,  as follows:
 
Transfer from:
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / Amount
704 / 530060-100000 / Neil Avenue Area Improvements / 06-6600 / 591260 / $100,000.00
 
Transfer to:
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / Amount
704 / 540007-100029 / Traffic Signal Installation - Neil Avenue Signals / 06-6600 / 740729 / $100,000.00
 
SECTION 3.  That the Director of Public Service is hereby authorized to enter into a contribution agreement with AT&T Corp., 3450 Riverwood Parkway SE, Atlanta, Georgia, 30339, for the purpose of the City providing AT&T with funding for necessary work to be included in AT&T's fiber optic project (City Excavation Permit No. 62071 SE, Dayton Oh to Columbus Oh Neil Avenue FT "A" Cable Route) on the eastside of Neil Avenue from Goodale Street to Fifth Avenue.
 
SECTION 4.  That for the purpose of paying the cost of this contribution agreement the sum of up to $100,000.00 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 Detail / Project Name / O.L. 01-03 Codes / OCA / Amount
704 / 540007-100029 / Traffic Signal Installation - Neil Avenue Signals / 06-6622 / 740729 / $100,000.00
 
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.