Explanation
BACKGROUND: This legislation authorizes the Finance and Management Director to enter into a contract on behalf of the Office of Construction Management with Design Group for professional services for space programming and master planning for the Municipal Court building, 375 South High Street.
These services are necessary to adequately plan and perform the renovation of the Municipal Court Building. The subject professional service contract includes comprehensive space planning and programming as well as a Level 1 master schedule to guide the implementation of the significant phases of the renovation of the building through to completion, which will take several (five to ten) years. The Department of Finance and Management does not possess the staffing level, expertise, or licensure necessary to complete these building programming and infrastructure renovation projects. Therefore, it is necessary to contract with a professional consultant for this project to produce the complex plans necessary for the successful renovation of this building to increase building efficiencies to more adequately support the work of the Municipal Court and to reduce energy costs. The City of Columbus has an agreement with Franklin County that requires the City to spend $30 million in capital improvements before purchasing the building.
The Office of Construction Management solicited Requests for Proposals, due on May 12, 2010. The City received eleven proposals from the following firms (0 FBE, 1 *MBE): Design Group, NBBJ, LLC., *Harris Design Services, MS Consultants, Moody-Nolan, Ltd., Pizzuti , Braun Steidl, PSA-Dewberry Design PC, Bird Houk, MA, and Hardlines Design Company. A three-person committee evaluated the proposals, consisting of one member each from the Office of Construction Management, Real Estate Management Office and Finance and Management Director's Office. Design Group obtained the highest compiled score of the candidates.
Emergency action is requested so that the necessary professional services may be accomplished without delay, thereby ensuring that needed renovations at the Municipal Court Building are not delayed.
Design Group Contract Compliance No. 31-0810142, expiration date June 30, 2012
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 Design Group for professional services for space programming and master planning for the Municipal Court, 375 South High Street; 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 City Auditor to appropriate said funds within the Construction Management Capital Improvement Fund; and 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 for the Finance and Management Department to conduct a space needs study and to produce the complex plans necessary for the successful renovation of the Municipal Court Building, 375 South High Street to increase building efficiencies to more adequately support the work of the Municipal Court and to reduce energy costs; and
WHEREAS, Design Group received the highest score from the three-person evaluation committee for its submitted proposal; 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 a temporary funding method; and
WHEREAS, the aggregate principal amount of obligations the City will issue to finance this contract is presently expected 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 immediately necessary to authorize the Finance and Management Director to enter into a contract with Design Group on behalf of the Office of Construction Management for professional services for space programming and master planning for the Municipal Court, 375 South High Street, so that the necessary professional services may be accomplished without delay, thereby ensuring that needed renovations at the Municipal Court Building are not delayed, thereby, preserving the public health, property, safety, and welfare; 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 with Design Group on behalf of the Office of Construction Management for professional services for space programming and master planning for the Municipal Court, 375 South High Street.
SECTION 2. The sum of $250,000.00 be and is hereby appropriated from the unappropirated 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 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 Office of Construction Management, 45-07, Construction Management Capital Improvement Fund, Fund 733, Municipal Court Professional Services 570043-100008, Object Level One 06, Object Level Three Code 6620, OCA Code 734308.
SECTION 5. That upon obtaining other funds for the modification of a professional services contract for space programming and master planning for the Municipal Court building, 375 South High Street, the City Auditor is hereby authorized and directed to repay the Special Income Tax Fund the amount transferred under Section 2.
SECTION 6. That the City Auditor is authorized to establish the proper accounting project number and to make any accounting changes to review the funding any contract or contract modification associated with the expenditure of funds transferred.
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 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 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: 570043-100008
OCA Code: 734308
Object Level: 06
Object Level 3: 6681
Amount $250,000.00
SECTION 10. 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.