Explanation
1. BACKGROUND
This ordinance authorizes the Director of Public Service to modify a professional services contract with OHM Advisors to add additional funds for design of the Miscellaneous Economic Development - Confluence Village Public Infrastructure project.
Ordinance 0345-2019 authorized the Director of Public Service to enter into a professional services contract with OHM Advisors in the amount of $500,000.00 for the Miscellaneous Economic Development - Confluence Village Public Infrastructure project. The contract work was for the preparation of detailed design plans for public infrastructure which included new pavement, curb, sidewalks, storm sewer, sanitary sewer, water main, street lighting, bridge lighting, street trees, signals, underground electric distribution, underground duct system for private utilities within the Confluence Village site, and design of improvements to the existing railroad.
Ordinance 1797-2019 authorized the Director of Public Service to modify the contract in the amount of $1,000,000.00. This was a planned modification necessary to cover the continuing cost of design work. The original ordinance established funding to get the design project started and stated additional funding for design services had been requested in the January update to the 2019 Capital Improvement Budget to complete design services. This modification was done after that funding was available.
This ordinance authorizes the Director of Public Service to modify the contract in the amount of up to $200,000.00. This modification is necessary to cover unforeseen environmental site complications and developer driven design changes that occurred throughout and after the completion of the original design contract. This is part of phased approach as agreed to by all parties and the environmental work must be performed by the certified professional already established for the site, therefore it is necessary to modify the existing contract rather than to bid this part of the work.
The original contract amount: $ 500,000.00 (PO156629, Ord. 0345-2019)
The total of Modification No. 1: $1,000,000.00 (PO183313, Ord. 1797-2019)
The total of Modification No. 2: $ 200,000.00 (This Ordinance)
The contract amount including all modifications: $1,700,000.00
Searches in the System for Award Management (Federal) and the Findings for Recovery list (State) produced no findings against OHM Advisors.
2. CONTRACT COMPLIANCE
The contract compliance number for OHM Advisors is CC007505 and expires 12/12/2021.
3. FISCAL IMPACT
Funding in the amount of $200,000.00 is available within the Streets and Highways Bond Fund, Fund 7704. An amendment to the 2019 Capital Improvements Budget is necessary to match cash and to align budget authority with the proper project. A transfer of cash and appropriation is necessary to align funding for the project expenditure.
4. EMERGENCY DESIGNATION
Emergency action is requested to complete design so the construction schedule for this development is not delayed.
Title
To amend the 2019 Capital Improvements Budget; to authorize the transfer of funds and appropriation within the Streets and Highways Bond Fund; to authorize the Director of Public Service to enter into a contract modification with OHM Advisors in connection with the Miscellaneous Economic Development - Confluence Village Public Infrastructure project; to authorize the expenditure of up to $200,000.00 from the Streets and Highways Bond Fund for the project; and to declare an emergency. ($200,000.00)
Body
WHEREAS, contract PO156629 with OHM Advisors. in the amount of $500,000.00, was authorized by Ordinance 0345-2019 for the Miscellaneous Economic Development - Confluence Village Public Infrastructure project; and
WHEREAS, a planned contract modification in the amount of $1,000,000.00 was authorized by Ordinance 1797-2019 to add funds to complete design; and
WHEREAS, it has become necessary to modify the contract in an amount up to $200,000.00 to provide additional funds to complete design due to unforeseen environmental site complications and developer driven design changes; and
WHEREAS, it is necessary to amend the 2019 Capital Improvement Budget to align budget authority with the proper project; and
WHEREAS, a transfer of cash and appropriation is needed to provide funding for the contract modification; and
WHEREAS, it is necessary to expend funds to pay for work performed as part of 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 Director to enter into a contract modification with OHM Advisors to complete design so the construction schedule for this development is not delayed, 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 to establish sufficient authority for this project:
Fund / Project / Project Name / C.I.B. / Change / C.I.B. as Amended
7704 / P440010-100000 / Economic Development Agreement (Voted Carryover) / $0.00 / $200,000.00 / $200,000.00 (to match cash)
7704 / P440010-100000 / Economic Development Agreement (Voted Carryover) / $200,000.00 / ($200,000.00) / $0.00
7704 / P440105-100000 / Misc. Economic Development - Confluence Village Public Infrastructure (Voted Carryover) / $1,919,480.00 / $200,000.00 / $2,119,480.00
SECTION 2. That the transfer of $200,000.00, or so much thereof as may be needed, is hereby authorized within Fund 7704 (Streets and Highways Bond Fund), from Dept-Div 5912 (Design and Construction), Project P440010-100000 (Economic Development Agreement), Object Class 06 (Capital Outlay) to Dept-Div 5912 (Design and Construction), Project P440105-100000 (Misc. Economic Development - Confluence Village Public Infrastructure), Object Class 06 (Capital Outlay) per the accounting codes in the attachment to this ordinance
SECTION 3. That the Director of Public Service be, and hereby is, authorized to enter into a contract modification with OHM Advisors, 580 North Fourth Street, Suite 610, Columbus, Ohio, 43215, for the Miscellaneous Economic Development - Confluence Village Public Infrastructure project in the amount of $200,000, or so much thereof as may be needed, in accordance with the plans and specifications on file in the Department of Public Service, which are hereby approved.
SECTION 4. That the expenditure of $200,000.00, or so much thereof as may be needed, is hereby authorized in Fund 7704 (Streets and Highways Bond Fund), Dept-Div 5912 (Design and Construction), Project P440105-100000 (Misc. Economic Development - Confluence Village Public Infrastructure), 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.