Explanation
1. BACKGROUND
This legislation authorizes the Director of Public Service to modify and increase the professional engineering services contract for the Pedestrian Safety Improvements - Sidewalk General Engineering 2007 Contract with American Structurepoint, Inc., in the amount of $105,000.00.
Work performed to date as part of the contract includes the design of various sidewalk projects. The balance of $55,000 has been allocated to start the design of the Pedestrian Safety Improvements - Hague Valleyview Safe Routes to Schools (SRTS) project.
The contract mod is intended for the continuing design of the Pedestrian Safety Improvements - Hague Valleyview Safe Routes to Schools (SRTS) project that has obtained $500,000 in federal funds for construction to build a shared use path on Valleyview and Hague Avenue.
This contract has been used for various projects that spent down the total value. Once it was determined to use American Structurepoint for the Pedestrian Safety Improvements - Hague Valleyview Safe Routes to Schools (SRTS) project, it was deemed advisable to modify this contract rather than a separate procurement effort due to the grant funding schedule.
0.40 miles of 10 foot wide shared use path will be added or reconstructed as part of this project on the south side of Valleyview and the west side of Hague Avenue. 2 ADA ramps will be added or reconstructed in this project. There are 2 bus stops and transit routes within the limits of this project.
This project complies with the recommendation of the Pedestrian Thoroughfare Plan because shared use path is being added to provide access to transit and pedestrian generators.
Pedestrian generators and destinations impacting the proposed project include the YMCA and Westmore Middle School.
The original contract amount was $200,000.00 Contract number EL007865. Established by ordinance 0084-2008
This is the first modification to this contract in the amount of $105,000.00
The total contract amount including this modification is $305,000.00
2. EMERGENCY DESIGNATION
Emergency action is requested so that the design work for this project can proceed as soon as possible to perform necessary design work for sidewalks on this project to maintain the established schedule and keep commitments made to the local community.
3. FISCAL IMPACT
The amount of this modification is $105,000.00. The Division of Mobility Options will provide the entire share of this modification and then be reimbursed by The Franklin County Engineer's Office for $39,082.00, which is 80% of the cost to design a culvert included in the project. Funding in the amount of $39,082.00 is available within the Street and Highway Improvement Fund. The remainder, in the amount of $65,918.00 can be accommodated by appropriating and transferring funds needed in the amount of $65,918.00 from the Special Income Tax Fund. Bonds have yet to be sold for the whole project, necessitating a certification of $65,918.00 against the Special Income Tax Fund. Upon sale of bonds, this will be reimbursed.
Title
To authorize the Director of Public Service to execute a professional service contract modification with American Structurepoint, Inc. for the engineering of the Pedestrian Safety Improvements - Sidewalk General Engineering 2007 contract; to amend the 2011 C.I.B.; to authorize the appropriation, transfer and expenditure of $39,082.00 from the Street and Highway Improvement Fund; to authorize and direct the City Auditor to transfer $65,918.00 from the Special Income Tax Fund to the Streets and Highways G.O. Bonds Fund; to authorize the City Auditor to appropriate $65,918.00 within the Streets and Highways G.O. Bonds Fund; to authorize the expenditure of $65,918.00 from the Streets and Highways G.O. Bonds Fund; and to declare an emergency. ($105,000.00)
Body
WHEREAS, ordinance 0084-2008 authorized the Director of Public Service to enter into contract for the Pedestrian Safety Improvements - Sidewalk General Engineering 2007 contract; and
WHEREAS, the Director of Public Service has identified the need to modify the Pedestrian Safety Improvements - Sidewalk General Engineering 2007 contract with American Structurepoint, Inc. for the design of the Pedestrian Safety Improvements - Hague Valleyview Safe Routes to Schools (SRTS) project; and
WHEREAS, a satisfactory proposal has been received by American Structurepoint for this modification; and
WHEREAS, the Division of Mobility Options will provide funding for this modification and will then be reimbursed by the Franklin County Engineer for 80% of the design cost of a culvert which is included in the project; and
WHEREAS, it is necessary to amend the 2011 Capital Improvement Budget; 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 as a temporary funding method; and
WHEREAS, the aggregate principal amount of obligations which the city will issue to finance this project is presently expected not to exceed $65,918.00; and
WHEREAS, the City anticipates incurring certain Original Expenditures (as defined 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").
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Service, Division of Mobility Options, in that the design services contract should be modified immediately in order to maintain the established project schedule, thereby preserving the public health, peace, prosperity, and welfare; now, therefore
BE IT ORDAINED BY THE CONCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the Director of Public Service be and is hereby execute a professional services contract modification for the Division of Mobility Options with American Structurepoint, Inc., 2550 Corporate Exchange Drive, Suite 300, Columbus, Ohio 43231, in an amount not to exceed $105,000.00 for engineering services associated with the Pedestrian Safety Improvements - Sidewalk General Engineering 2007 contract.
SECTION 2. That the 2011 Capital Improvement Budget authorized by ordinance 0266-2011 be and is hereby amended to provide sufficient authority for this project as follows:
Fund/Project / Project Name /OCA/ Current / Change / Amended
704 / 530161-100000 / Roadway Improvements (Voted 2008) / $359,074.00 / ($65,918.00) / $293,156.00
766 / 590014 - 100000 / Henderson Road / $119,929.00 (Carryover) / ($39,082.00) (Carryover) / $80,847.00 (Carryover)
704 / 590105-100000 / Pedestrian Safety Improvements (Voted 2008) / $0.00 / $65,918.00 / $65,918.00
766 / 590105-100000 / Pedestrian Safety Improvements / $0.00 (Carryover) / $39,082.00 (Carryover) / $39,082.00 (Carryover)
SECTION 3. The sum of $39,082.00 be and is hereby appropriated from the unappropriated balance of the Street and Highway Improvement Fund, Fund 766, 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, 2011, Project Number 590014-100000, O.L. 01-03 Codes 06-6600, OCA Code 766014.
SECTION 4. That the transfer of cash and appropriation within the Street and Highway Improvement Fund, No. 766, be authorized as follows
Transfer From
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / Amount
766 / 590014-100000 / Henderson road / 06-6600 / 766014 / $39,082.00
Transfer To:
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / Amount
766 / 590105-100000 / Pedestrian Safety Improvements / 06-6682 / 766105 / $39,082.00
SECTION 5. The sum of $65,918.00 be and is hereby appropriated from the unappropriated 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, 2011 to the City Auditor, Department 22-01, Object Level One 10, OCA Code 902023, Object Level Three 5502.
SECTION 6. That the City Auditor is hereby authorized to transfer said funds to the Streets and Highways G.O. Bonds Fund, No. 704, at such time as it is deemed necessary by the City Auditor and to expend said funds or so much thereof as may be necessary.
SECTION 7. That $65,918.00 is hereby appropriated within Fund 704, the Streets and Highways G.O. Bonds Fund, Dept-Div. 59-10, Division of Mobility Options as follows:
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / Amount
704 / 590105-100000 / Pedestrian Safety Improvements / 06-6682 / 591089 / $65,918.00
SECTION 8. That the monies appropriated in the foregoing Section 7 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 9. That upon obtaining other funds for this capital improvement, the City Auditor is hereby authorized and directed to repay the Special Income Tax Fund the amount transferred under Section 6 above.
SECTION 10. That the City Auditor is authorized to establish proper accounting project numbers and to make any accounting changes to revise the funding source for any contract or contract modification associated with the expenditure of funds transferred in Section 6, above.
SECTION 11. That the City intends that 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 $65,918.00 (the "Obligations").
The City intends to make a reimbursement allocation on its books for the Original Expenditures not later than eighteen 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 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 12. All funds necessary to carry out the purpose of this ordinance are hereby deemed appropriated.
SECTION 13. That for the purpose of paying the cost of this contract modification, the sum of $105,000.00 or so much thereof as may be needed, is hereby authorized to be expended from the Streets and Highways G.O. Bonds Fund, No. 704 and the Street and Highway Improvement Fund, No 766 as follows:
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / Amount
704 / 590105-100000 / Pedestrian Safety Improvements / 06-6682 / 591089 / $65,918.00
766 / 590105-100000 / Pedestrian Safety Improvements / 06-6682 / 766105 / $39,082.00
SECTION 14. 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 15. 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.