Explanation
Background: Lifestyle Communities has located their headquarters at 230 West Street in the Arena District. As an incentive, the City agreed to compensate the developer for public roadway improvements improving access to the offices and to pay for construction inspection services. The improvements are in keeping with the current style of Arena District public spaces. The formal competitive bidding requirements of Chapter 329 of the City Code are being waived for the procurement of developer services.
Fiscal Impact: $99,000 is available in the 2008 Capital Improvements Budget as existing cash in the Downtown Streetscape program ($75,000) and under Miscellaneous Development ($24,000).
Emergency action is required to accommodate the construction schedule.
Title
To authorize the Director of Development to enter into a Guaranteed Maximum Price Agreement with Lifestyle Communities for $75,000 to complete public roadway improvements adjacent to their offices in the Arena District; to authorize the expenditure of up to $24,000 for construction inspection services; to waive the competitive bidding requirements of the Columbus City Code, 1959; to authorize the expenditure of $99,000.00 from the Streets and Highways G.O. Bonds Fund; and to declare an emergency. ($99,000)
Body
WHEREAS, the need exists to enter into a Guaranteed Maximum Cost Agreement for the construction of new Arena District streetscape improvements to complement the development of Lifestyle Communities' headquarters at 230 West Street; and
WHEREAS, it is necessary to provide for construction inspection costs; and
WHEREAS, in order to allow streetscape projects and their adjacent private sector projects to proceed on schedule, streetscape construction agreements were negotiated, conditioned on the City's ability to fund new projects and City Council approval of the necessary legislation; and
WHEREAS, funds are available in the 2008 Capital Improvement Budget under Downtown Streetscape and Miscellaneous Development; and
WHEREAS, it is in the best interest of the city to waive the formal competitive bidding requirements of the Columbus City Code, 1959, and that this agreement be awarded in accordance with Section 186 of the Columbus City Charter; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Development in that it is immediately necessary to complete the agreement with Lifestyle Communities to accommodate the construction schedule, all for the preservation of the public health, peace, property, safety and welfare; and NOW THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the Director of Development is hereby authorized to enter into a $75,000 Guaranteed Maximum Price Agreement with Lifestyle Communities for the completion of public roadway and pedestrian improvements adjacent to their offices in the Arena District.
Section 2. That the Director of Development is hereby authorized to pay up to $24,000 in construction inspection costs.
Section 3. That the formal consultant selection process provisions of Chapter 329 of the City Code be and hereby are waived.
Section 4. That for the purpose stated in Section 1, the expenditure of up to $75,000 from the Development Department's Downtown Streetscape Program, Division No. 59-11, Streets & Highways G.O. Bonds Fund No. 704, Project No. 530801 Downtown Streetscape Imps, OCA Code 591067, Object Level Three 6680.
Section 5. That for the purpose stated in Section 2, the expenditure of up to $24,000 from Division 59-11, Streets and Highways G.O. Bonds Fund No. 704, Project No. 590131 Miscellaneous Development, OCA Code 591132, Object Level Three 6680 is hereby authorized and approved.
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 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 passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.