Explanation
1. BACKGROUND
This ordinance seeks authorization for the Director of Public Service to modify the Construction Guaranteed Maximum Reimbursement Agreement (the “CGMRA”) with Elford, Inc. (the “Developer”) relative to the NCR Weinland Park (7th to 9th) project (the “Project”).
Pursuant to Ordinance 1843-2017, the City and the Developer entered into the CGMRA, effective August 15, 2017, whereby the City agreed to reimburse the Developer up to $1,240,410.41 for eligible construction costs incurred during the completion of the Project.
This is an unplanned contract modification. During the course of construction additional work needed to complete the project has been identified relative to the duct bank installation, the relocation of Division of Power electric facilities, and other aspects of the Project, making it necessary to modify the existing CGMRA and authorize the expenditure of additional monies to pay for those costs. These costs could not have been foreseen prior to construction starting.
This ordinance authorizes the Department of Public Service to modify the CGMRA with the Developer in the amount of up to $80,000.00, for a total expenditure of $1,320,410.41 to facilitate the completion of the Project.
Original CGMRA: $1,240,410.41
Modification No. 1 $80,000.00
Total CGMRA Amount, including all modifications: $1,320,410.41
2. CONTRACT COMPLIANCE INFORMATION
Elford's contract compliance number is CC006059 and expires 10/25/19.
3. FISCAL IMPACT
Funds in the amount of $80,000.00 are available for this project in the Streets and Highways Bond Fund within the Department of Public Service. An amendment to the 2017 Capital Improvements Budget is necessary for the purpose of providing sufficient spending authority for the aforementioned project expenditure.
4. EMERGENCY DESIGNATION
The Department of Public Service is requesting emergency action to be taken in order to allow construction of the project to be completed, thereby allowing the City and the Developer to maintain the current project schedule and to meet community commitments.
Title
To amend the 2017 Capital Improvements Budget; to authorize the City Auditor to transfer cash and appropriation between projects within the Streets and Highways Bond Fund; to authorize the Director of Public Service to modify an existing Construction Guaranteed Maximum Reimbursement Agreement with Elford, Inc. for the NCR Weinland Park (7th to 9th) project; to authorize the expenditure of $80,000.00 from the Streets and Highways Bond Fund; and to declare an emergency. ($80,000.00).
Body
WHEREAS, pursuant to Ordinance 1843-2017, the City and Elford, Inc. (the “Developer”) entered into a Construction Guaranteed Maximum Reimbursement Agreement (the “CGMRA”), effective August 15, 2017, whereby the City agreed to reimburse the Developer up to $1,240,410.41 relative to the completion of the NCR Weinland (7th to 9th) project (the “Project”); and
WHEREAS, during the course of construction, additional work required to complete construction has been identified and incurred relative to the duct bank installation, the relocation of Division of Power electric facilities, and other aspects of the Project necessary to the completion thereof; and
WHEREAS, the City has committed to funding these additional costs in an amount of up to $80,000.00; and
WHEREAS, this ordinance authorizes the Director of Public Service to modify the CGMRA with the Developer in connection with the NCR Weinland Park (7th to 9th) project, for a total expenditure of $1,320,410.41 to facilitate the completion of the Project; and
WHEREAS, an emergency exists in the usual operation of the Department of Public Service in that it is immediately necessary to authorize the Director to modify the aforementioned CGMRA in order to maintain the current construction schedule, thereby immediately 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 2017 Capital Improvements Budget authorized by Ordinance 1124-2017 be and is hereby amended to provide sufficient budget authority for the appropriate projects authorized within this ordinance as follows:
Fund / Project / Project Name / C.I.B. / Change / C.I.B. as Amended
7704 / P530058-100000 / 59-03 NCR (Voted Carryover) / $979,938.00 / ($80,000.00) / $899,938.00
7704 / P530058-100002 / NCR - Weinland Park 7th to 9th (Voted Carryover) / $0.00 / $80,000.00 / $80,000.00
SECTION 2. That the transfer of $80,000.00, or so much thereof as may be needed, is hereby authorized within Fund 7704 Streets and Highways Bond Fund, from Dept-Div 5912 (Division of Design and Construction), Project P530058-100000 (59-03 NCR), Object Class 06 (Capital Outlay) to Dept-Div 5912 (Division of Design and Construction), Project P530058-100002 (NCR - Weinland Park 7th to 9th), Object Class 06 (Capital Outlay) per the account codes in the attachment to this ordinance.
SECTION 3. That the Director of Public Service be and hereby is authorized to modify a Construction Guaranteed Maximum Reimbursement Agreement with Elford, Inc., to facilitate the completion of the NCR Weinland Park (7th to 9th) project.
SECTION 4. That the expenditure of $80,000.00, or so much thereof as may be needed, is hereby authorized in Fund 7704 Streets and Highways Bond Fund, Dept-Div 5912 (Division of Design and Construction), Project P530058-100002 (NCR - Weinland Park 7th to 9th), in Object Class 06 (Capital Outlay) per the accounting codes in the attachment to this ordinance.
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.