Explanation
1. BACKGROUND
This ordinance authorizes the Director of Public Service to execute a contract modification with Kimley-Horn and Associates (Kimley-Horn) relative to the Roadway - Mobility Study - NW Corridor project.
The aforementioned project encompasses establishing a Vision and Implementation Strategy for the stretch of Olentangy River Road from Bethel Road to West Broad Street, which will result in the development of a multi-modal transportation system supportive of mixed-use, transit-oriented, pedestrian, and bicycle friendly development patterns.
This is a planned contract modification. Ordinance 2639-2019 authorized the Director of Public Service to execute a professional services contract with Kimley-Horn for the provision of design services for the project, including but not limited to transportation analysis, reporting, and forecasting services necessary to the completion of the project. That legislation also noted that a future planned contract modification would be funded by contributions from other organizations including, but not limited to, the Central Ohio Transportation Authority (COTA), the Mid-Ohio Regional Planning Commission (MORPC), and Ohio State University. Some of that funding has been received and will be added to the contract. Future contract modifications are anticipated as additional contributions to the project are received.
Searches in the System for Award Management (Federal) and the Findings for Recovery list (State) produced no findings against Kimley-Horn.
Original contract amount: $500,000.00 (Ordinance 2639-2019, PO205703)
Modification 1 amount: $510,000.00
Total contract amount, including this modification: $1,010,000.00
2. CONTRACT COMPLIANCE INFORMATION
The contract compliance number for Kimley-Horn and Associates is CC024725, which expires August 13, 2020.
3. FISCAL IMPACT
Funding in the amount of $400,000.00 is available within the Street and Highway Improvements Non-Bond Fund, Fund 7766, to support this expenditure due to a contribution of $400,000.00 received from COTA (ALE068628). These funds will need to be appropriated.
Pursuant to Ordinance No. 2639-2019, a contribution agreement was executed with MORPC on 7/2/20 with MORPC pledging to contribute an additional $410,000.00 to the project upon execution of the agreement. That funding is to be received 7/14/20. The Department of Public Service is requesting to be able to use the executed agreement with MORPC to be able to appropriate $110,000.00 of that commitment, with an ACPO to be contingent upon receipt of the MORPC funding.
4. EMERGENCY DESIGNATION
Emergency action is requested to authorize the execution of the contract modification as soon as reasonably possible so as to prevent unnecessary delays in the completion of the project.
Title
To amend the 2019 Capital Improvement Budget; to authorize the appropriation of $510,000.00 in the Street and Highway Improvements Non-Bond Fund; to authorize the Director of Public Service to execute a planned contract modification with Kimley-Horn and Associates for the Roadway - Mobility Study - NW Corridor project; to make an Auditor’s Certificate authorizing the expenditure of funds for this contract modification contingent upon receipt of funding from MORPC; to authorize the expenditure of $510,000.00 in the Street and Highway Improvements Non-Bond Fund for this contract modification; and to declare an emergency. ($510,000.00)
Body
WHEREAS, the City is administering the Roadway - Mobility Study - NW Corridor project, which consists of establishing a Vision and Implementation Strategy for the stretch of Olentangy River Road from Bethel Road to West Broad Street that will result in the development of a multi-modal transportation system supportive of mixed-use, transit-oriented, pedestrian, and bicycle friendly development patterns; and
WHEREAS, Ordinance 2639-2019 authorized the Director of Public Service to execute a professional services contract with Kimley-Horn for design services including the provision of transportation analysis, reporting, and forecasting services relative to that effort; and
WHEREAS, that legislation noted that a future planned contract modification would be funded by contributions from COTA and MORPC; and
WHEREAS, the Director of Public Service needs to be authorized to execute said contract modification; and
WHEREAS, an amendment to the 2019 Capital Improvement Budget is needed for the purpose of providing sufficient budget authority for the aforementioned project expenditure; and
WHEREAS, it is necessary to authorize the appropriation of funds within the Street and Highway Improvements Non-Bond Fund; and
WHEREAS, the contribution from MORPC has not yet been received, so the Auditor’s Certificate (ACPO) will be contingent upon receipt of the MORPC contribution; and
WHEREAS, Kimley-Horn will need to be paid for work performed under the contract modification; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Service in that it is immediately necessary to authorize the execution of the contract modification as soon as reasonably possible so as to prevent unnecessary delays in the completion of the project, 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 2019 Capital Improvements Budget, authorized by Ordinance 1326-2019, be amended as follows to establish sufficient budget authority for this project:
Fund / Project / Project Name / C.I.B. / Change / C.I.B. as Amended
7766 / P531024-100000 / Roadway - Mobility Study - NW Corridor (Street and Highway Improvement Carryover) / $0.00 / $510,000.00 / $510,000.00 (to match cash)
SECTION 2. That from the unappropriated monies 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, 2020, the sum of $510,000.00 is appropriated in Fund 7766 (Street and Highway Improvements Non-Bond Fund), Dept-Div 5912 (Division of Design and Construction), Project Number P531024-100000 (Roadway - Mobility Study - NW Corridor), 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 execute a contract modification with Kimley-Horn and Associates to facilitate the completion of the Roadway - Mobility Study - NW Corridor project.
SECTION 4. That an Auditor’s Certificate for this expenditure will be contingent upon receipt of at least $110,000.00 from MORPC per the contribution agreement executed between the City and MORPC for the Roadway - Mobility Study - NW Corridor project on 7/2/20.
SECTION 5. That the expenditure of $510,000.00 or so much thereof as may be needed, be and hereby is authorized in Fund 7766 (Street and Highway Improvements Non-Bond Fund), Dept-Div 5912 (Division of Design and Construction), Project P531024-100000 (Roadway - Mobility Study - NW Corridor), Object Class 06 (Capital Outlay) per the account codes in the attachment to this ordinance.
SECTION 6. 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 7. 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 8. 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 9. 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.