Explanation
Background: This legislation authorizes a modification to the agreement with Columbus Urban Growth Corporation for the Mound and Souder Roadway Improvements. This project was designed to improve Mound Street at Souder Avenue in conjunction with the West Edge Business Center. (See the attached map.)
A contract modification is desirable to produce construction drawings for improvements to public roads internal to the West Edge Business Center site including Buchanan Drive, Van Buren Drive and Pierce Drive from Mt. Calvary Avenue to Harmon Avenue.
This modification is an addition to the original scope of services but is a continuation of the existing work and would be more expensive to contract this design work separately. Columbus Urban Growth has contracted a design firm (Moody-Nolan) to complete the design plans on their behalf.
The amount of this modification was determined by negotiation with Columbus Urban Growth and their consultant.
The original contract amount was for $103,000.00. This first modification was for $20,000.00. This modification is for $70,000.00. The contract amount including all modifications is $193,000.00.
Emergency action is requested so that the design work can continue without interruption.
Fiscal Impact: This ordinance certifies against the Special Income Tax Fund in the amount of $70,000.00. The Special Income Tax Fund certification is a temporary measure until the City sells notes or bonds to fund this capital improvement and is necessary because the Transportation Division has exhausted all cash in its 1995, 1999 Voted Streets and Highways Fund. CC #31-1464683.
Title
To appropriate and authorize the City Auditor to transfer $70,000.00 from the Special Income Tax Fund to the 1995, 1999 Voted Streets and Highways Fund; to authorize the Director of Public Service to modify and increase the contract with Columbus Urban Growth Corporation for the preparation of construction plans for the Mound & Souder (West Edge) project for the Transportation Division; to authorize the expenditure of $70,000.00 from the Voted 1995, Voted 1999 Streets and Highways Fund; and to declare an emergency. ($70,000.00)
Body
WHEREAS, contract EA-031280 was authorized by ordinance no. 1650-01, passed October 22, 2001, executed April 11, 2002 and approved by the City Attorney on April 17,2002; and
WHEREAS, it is necessary to modify this contract to increase the scope of services for the Mound And Souder (West Edge) project; and
WHEREAS, it is necessary to authorize the appropriation and transfer of funds for the project to proceed; and
WHEREAS, the City will sell notes or bonds for the aforementioned project and will reimburse the Special Income Tax Fund, 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 additional design for West Edge project is presently expected not to exceed $70,000.00; and
WHEREAS, it is immediately necessary to both appropriate said funds from the Special Income Tax Fund and transfer said funds into the 1995, 1999 Voted Streets and Highways Fund; and
WHEREAS, an emergency exists in the usual daily operation of the Public Service Department, Transportation Division, in that it is immediately necessary to transfer and appropriate funds for the project so that payment can be made on design work that has already commenced, thereby preserving 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 Public Service be and is hereby authorized to modify and increase contract no. EA-031280, with Columbus Urban Growth, 415 East Main Street, Columbus, OH 43215, to design for the Mound and Souder project in accordance with the plans on file in the office of the Public Service Director.
SECTION 2. That the sum of $70,000.00 be and hereby is appropriated from the un-appropriated 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 un-appropriated for any other purpose during the fiscal year ending December 31, 2004, to the City Auditor, Department No. 22-01, Object Level One Code 10, Object Level Three Code 5502 and OCA Code 902023.
SECTION 3. That the City Auditor is hereby authorized to transfer said funds to Fund 704, the 1995, 1999 Voted Streets and Highways Fund, Transportation Division Department No. 59-09, Object Level One Code 06, Object Level Three Code 6631, OCA Code 644385 and Project 590109 at such time as is deemed necessary by the City Auditor and to expend said funds or so much thereof as may be necessary.
SECTION 4. That the City Auditor is authorized to establish proper project accounting numbers as appropriate.
SECTION 5. That upon obtaining other funds for the additional Mound & Souder (West Edge) design, the City Auditor is hereby authorized to repay the Special Income Tax Fund the amount transferred under Section 2 above, and said funds are hereby deemed appropriated for such purpose.
SECTION 6. That the City Auditor is authorized to make any accounting changes to revise the funding source for any contract or contract modification associated with expenditure of the funds transferred in Section 3, above.
SECTION 7. That the City intends that this ordinance constitute an "official intent" for purposes of Section 1.150-2(e) of the Treasury Regulations promulgated pursuant to the Internal Revenue Code of 1986, as amended.
SECTION 8. That for the purpose of paying the cost of the contract, the sum of $70,000.00 or so much thereof as may be necessary, is hereby authorized to be expended from the Voted 1995, Voted 1999 Streets and Highways Fund no. 704, Dept/Div 59-09, OCA code 644385, Object Level Three 6682 and project no. 590109.
SECTION 9. That for the reasons stated in the preamble hereto, which is hereby made 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.