Explanation
The Public Service Department, Transportation Division, is pursuing construction of a replacement lighting system for the Short North Arches. Subsequent to its original installation, the lighting system failed. Litigation against the design consultant ensued and was successfully resolved in the City's favor. The original contractor, Righter Company, Incorporated, was absolved of any wrongdoing. After settlement with the consultant's insurance company and a complete redesign of a new lighting system, the City is ready to commence with its installation.
This legislation modifies and increases the construction contract with Righter Company, Incorporated, for construction for the Short North Arches project in an amount up to $1,111,532.06 1,197,947.41. The project limits are on North High Street from Pearl Street (south limit) to Smith Place (north limit). This plan details the installation of a new light-emitting diode (LED) lighting system. This contract is being modified to remove the existing fiber optic system, install the new LED lighting system and install an electric system to power the arches. Prices were obtained by negotiations with Righter Company using past project prices for new items. The original contract amount was for $1,547,354.76. The total of all prior modifications is $682,641.94. The amount of this modification is $1,111,532.06 1,197,947.41. The total contract amount including all modifications is $3,341,528.76 3,427,944.11. Righter Company, Incorporated's, contract compliance number is 31-0889208; this expires May 30, 2007.
This legislation also authorizes a modification to the design contract with Ralph and Curl Engineers. This firm redesigned the project. This modification is necessary to allow for their inspection of the project during new lighting system construction. This modification is an addition to the original scope of services but is a continuation of the existing work being performed and it would not be practical to contract with a different consultant given Ralph and Curl's familiarity with the new design. The hourly rate, overhead rate and percentage of profit that were negotiated at the beginning of this consultant's involvement with this project were used to determine the amount of this modification. Ralph and Curl was selected in January 2004 in accordance with Chapter 329 for professional service contracts. Their contract compliance number is 31-1067613; this expires January 22, 2007. The original contract amount was $87,260.00. The total of all prior modifications is $123,375.16. The amount of this modification is $115,000.00 65,000.00. The total contract amount including all modifications is $325,635.16 275,635.16.
Finally, this legislation provides for payment to the Water and Power Division for the installation of two power transformers in the amount of $15,145.60.
Fiscal Impact: This ordinance provides for a total expenditure authorization of $1,241,677.66 1,278,093.01. There is $1,208,126.70 available within the General Permanent Improvement Fund from the litigation settlement authorized by Ordinance 2168-2005 passed by City Council December 12, 2005 ($1,180,000.00 on Auditor's Certificate AC025316 and $28,126.70 unencumbered on AC026008. The balance needed, $33,550.96, is available within the 1995, 1999, 2004 Voted Streets and Highways Fund from monies cancelled from a document established for construction inspection for the project (EA031703/002) that is no longer needed. The sum of $69,966.31 is available for expenditure from the 1995, 1999, 2004 Voted Streets and Highways Fund; all is money previously authorized for Short North Arch design, construction and inspection. Of this, some $32,060.91 is available for cancellation from two documents: DL001870, Short North Special Improvement District ($22,086.91); and EA031703, City Treasurer-Construction Inspection ($9,974.00) that are no longer needed. The sum of $37,905.40 was recently cancelled from this same construction inspection encumbrance and is also available for expenditure.
All funding for this ordinance is available from the legal settlement and money previously authorized for Short North Arch design, construction and inspection. Funding this ordinance does not divert money from any other capital improvement project.
Emergency action is requested to effect the reconstruction of the Short North Arches as soon as possible to keep commitments to affected neighborhood residents and organizations.
Title
To authorize the Public Service Director to modify and increase two existing contracts with Ralph and Curl Engineers ($115,000.00 65,000.00) and Righter Company, Incorporated, ($1,111,532.06 1,197,947.41) for design and construction, respectively, of the Short North Arch project for the Transportation Division; to authorize the expenditure of $15,145.60 to the city Water and Power Division for installation of power transformers; to authorize the expenditure of $1,278,093.01 from the General Permanent Improvement Fund ($1,208,126.70) and from the 1995, 1999, 2004 Voted Streets and Highways Fund ($33,550.96 69,966.31) and to declare an emergency. ($1,241,677.66 1,278,093.01)
Body
WHEREAS, the Public Service Department, Transportation Division, is pursuing construction of a replacement lighting system for the Short North Arches; and
WHEREAS, after settlement with the original design consultant's insurance company and a complete redesign of a new lighting system, the City is ready to commence its installation; and
WHEREAS, this legislation authorizes a modification to the design contract with Ralph and Curl Engineers for inspection of the project during construction of the new lighting system; and
WHEREAS, this legislation modifies and increases the construction contract with Righter Company to construct the replacement lighting system; and
WHEREAS, this legislation authorizes an expenditure to the Water and Power Division for the installation of two power transformers for the project; and
WHEREAS, funding for this ordinance is available from the settlement with the original design consultant's insurance company and money previously authorized for Short North Arch design, construction and inspection; and
WHEREAS, funding this ordinance does not divert money from any other capital improvement project; and
WHEREAS, an emergency exists in the usual daily operation of the Public Service Department, Transportation Division, in that it is immediately necessary to proceed with this effort to effect the reconstruction of the Short North Arches as soon as possible to keep commitments to affected neighborhood residents and organizations, 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 Public Service Director be and hereby is authorized to modify and increase the existing design contract with Ralph and Curl Engineers, 3720 East Fifth Avenue, Columbus, Ohio 43219-1807 to provide for inspection of the new Short North Arch lighting system in an amount not to exceed $115,000.00 65,000.00.
SECTION 2. That the Public Service Director be and hereby is authorized to modify and increase the existing construction contract with Righter Company, Incorporated, 2424 Harrison Road, Columbus, Ohio 43204 to provide for reconstruction of the Short North Arch lighting system in an amount not to exceed $1,111,532.06 1,197,947.41.
SECTION 3. That the Public Service Director be and hereby is authorized to pay the Water and Power Division $15,145.60 or so much thereof as may be needed for the installation of two power transformers for the project.
SECTION 4. That the expenditure of $1,208,126.70 or so much thereof as may be needed be and hereby is authorized to be expended from the General Permanent Improvement Fund, Fund 748, Department No. 59-09, OCA Code 748716, Project 748716, Object Level One Code 06, Object Level Three Code 6682 ($115,000.00 65,000.00) and Object Level Three Code 6625 ($1,093,126.70 1,143,126.70) to pay the cost of the above-noted contract modifications and expenditure to the Water and Power Division.
SECTION 5. That the expenditure of $33,550.96 69,966.31 or so much thereof as may be needed be and hereby is authorized to be expended from the 1995, 1999, 2004 Voted Streets and Highways Fund, Fund 704, Department No. 59-09, Object Level One Code 06, Object Level Three Code 6625, OCA Code 644385, Project 530053 ($47,879.40) and Project 530058 ($22,086.91) to pay the cost of the above-noted contract modifications.
SECTION 6. That for the reasons stated in the preamble hereto which is are 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.