Explanation
1. BACKGROUND
This ordinance authorizes the Director of Public Service to re-establish funding for modification number 2 for a professional services contract with CTL Engineering for the Roadway Improvements - Materials Testing and Inspection 2018 contract in the amount of $72,687.46.
Ordinance 1227-2018 authorized the Director of Public Service to enter into professional services contracts with CTL Engineering and Prime Construction Management & Survey for the Roadway Improvements - Materials Testing and Inspection 2018 project. The purpose of these contracts is to provide the City of Columbus, Department of Public Service, with additional resources for continuing, contractual access to construction inspection services and materials testing for City of Columbus construction projects and for other projects for which the City is providing construction inspection services and materials testing. Ordinance 0630-2019 authorized the Director of Public Service to do a planned modification for both contracts in the amount of $500,000.00 to extend services for a second contract year. Ordinance 3156-2019 authorized the Director of Public Service to do a second planned modification to modify the contract for CTL Engineering in the amount of $75,000.00.
The original contract amount CTL: $500,000.00 (PO121234, Ord. 1227-2018)
The total of Modification No. 1: $500,000.00 (PO165539, Ord. 0630-2019)
The total of Modification No. 2: $75,000.00 (PO205805, Ord. 3156-2019)
The contract amount including all modifications CTL: $1,075,000.00
PO205805 was established to pay for contract modification number 2. A system error occurred in the City’s financial system (DAX) while attempting to pay an invoice for contract modification number 2. This error cancelled the remaining funds encumbered by the purchase order and closed the purchase order, making it unusable for paying invoices. It is necessary to re-encumber funds in the amount of $72,687.46, the balance that should still be available on the cancelled purchase order, and issue a new purchase order for this amount so work performed on the contract modification can be paid.
Searches in the System for Award Management (Federal) and the Findings for Recovery list (State) produced no findings against CTL Engineering, Inc.
2. CONTRACT COMPLIANCE
The contract compliance number for CTL Engineering is CC004209 and expires 6/4/22.
3. FISCAL IMPACT
Funding for this expenditure is available within Fund 7704, the Streets and Highways Bond Fund, in Project P530161-100000 (Roadway - Improvements). An amendment to the 2019 Capital Improvement Budget is necessary to match cash and then to align spending with the proper project. It will also be necessary to appropriate funds within Fund 7704.
4. EMERGENCY DESIGNATION
Emergency action is requested to allow invoices that have been put on-hold due to the financial system error to be paid as soon as possible.
Title
To amend the 2019 Capital Improvement Budget; to appropriate funds within the Streets and Highways Bond Fund; to authorize the Director of Public Service to re-establish funding for contract modification 2 with CTL Engineering for the Roadway Improvements - Construction Inspection & Materials Testing 2018 project; to authorize the expenditure of up to $72,687.46 from the Streets and Highways Bond Fund to pay for this contract modification; and to declare an emergency. ($72,687.46)
Body
WHEREAS, the Department of Public Service is engaged in the Roadway Improvements - Materials Testing and Inspection 2018 project; and
WHEREAS, contract modification number 2 with CTL Engineering in the amount of $75,000.00 was authorized by Ordinance 3156-2019, and PO205805 was issued to pay for the work; and
WHEREAS, a financial system error caused the cancellation of PO205805; and
WHEREAS, it is necessary to re-establish funding and issue a new purchase order to pay for contract modification number 2; and
WHEREAS, the 2019 Capital Improvement Budget must be amended to establish budget authority for the correct project; and
WHEREAS, funds will need to be appropriated within Fund 7704, the Streets and Highways Bond Fund, and
WHEREAS, it is necessary to expend funds to pay for work performed as part of contract modification number 2; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Service in that it is immediately necessary to allow invoices that have been put on-hold due to the financial system error to be paid as soon as possible, thereby preserving the public health, peace, 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 authority for this project:
Fund / Project / Project Name / Current / Change / C.I.B. as Amended
7704 / P530161-100000 / Roadway Improvements (Voted Carryover) / $18,672.00 / $310,354.00 / $329,026.00 (to match cash)
7704 / P530161-100000 / Roadway Improvements (Voted Carryover) / $329,026.00 / ($72,687.00) / $256,339.00
7704 / P530161-100210 / Roadway Improvements - Material Testing and Inspection 2018 (Voted Carryover) / $0.00 / $72,687.00 / $72,687.00
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 ended December 31, 2020, the sum of $308,278.00 is appropriated in Fund 7704 (Streets and Highways Bond Fund), Dept-Div 5911 (Infrastructure Management), Project P530161-100210 (Roadway Improvements - Material Testing and Inspection 2018), in 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 re-establish funding for modification number 2 to the Roadway Improvements - Materials Testing and Inspection 2018 contract with CTL Engineering at 2860 Fisher Road, Columbus, Ohio, 43204, in an amount up to $72,687.46.
SECTION 4. That the expenditure of $72,687.46, or so much thereof as may be needed, is hereby authorized in Fund 7704 (Streets and Highways Bond Fund), Dept-Div 5911 (Infrastructure Management), Project P530161-100210 (Roadway Improvements - Material Testing and Inspection 2018), in Object Class 06 (Capital Outlay) per the accounting codes in the attachment to this ordinance.
SECTION 5. Funds are hereby deemed appropriated and expenditures and transfers authorized to carry out the purposes of this ordinance 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.