Explanation
1. BACKGROUND
This ordinance authorizes the Department of Development to make an additional $72,000.00 available to Long and High Loan Holdings, LLC for the Downtown Streetscape - Atlas Building project, for a total contribution of $357,000.00.
Ordinance No. 0508-2014 authorized the Director of Public Service, on behalf of the Department of Development, to enter into Guaranteed Maximum Reimbursement Agreements with Long and High Loan Holdings, LLC, for up to $250,000.00 to design and construct the Downtown Streetscape - Atlas Building project.
Subsequently, the Department of Development committed an additional $35,000.00, authorized by Ordinance No. 1595-2014, to stabilize a section of sidewalk impacted by the Atlas Building's underground vault that encroaches into the City's right-of-way.
In September 2014, after the City accepted bids for the project on behalf of Long and High Loan Holdings, LLC, the lowest, most responsive bid for construction of the right-of-way improvements was $143,527.67 higher than the engineer's estimate. The Department of Development has agreed to a 50/50 split of the costs above the engineer's estimate with Long and High Loan Holdings, LLC, which results in $72,000.00.
The Director of Public Service has already entered into a Design Guaranteed Maximum Reimbursement Agreement under the authority of Ordinance 0508-2014, in the amount of $56,204.91. It is anticipated that the Director of Public Service shall enter into a Construction Guaranteed Maximum Reimbursement Agreement under the authority of Ordinances 0508-2014 and 1595-2014 for an estimated amount of $300,795.09.
2. CONTRACT COMPLIANCE INFORMATION
The contract compliance number for Long and High Loan Holdings, LLC is 463121374. The expiration date is 2/5/16.
3. FISCAL IMPACTS
Funds in the amount of $72,000.00 are available for this project in the Streets and Highways G.O. Bond Fund within the Department of Development. An amendment to the Capital Improvements fund is necessary for the purpose of providing sufficient spending authority for the aforementioned project expenditure.
4. EMERGENCY DESIGNATION
The Departments of Development and Public Service are requesting this ordinance be considered as an emergency measure to allow construction of the project to continue, maintain the project schedule and meet community commitments.
Title
To amend the Capital Improvement Budget; to authorize the City Auditor to transfer cash between projects within the Streets and Highways Bonds Fund; and to authorize the expenditure of an additional $72,000.00 from Fund 704 Streets and Highways G. O. Bonds Fund for Guaranteed Maximum Reimbursement Agreements with Long and High Loan Holdings, LLC to construct the Downtown Streetscape - Atlas Building project; and to declare an emergency. ($72,000.00)
Body
WHEREAS, Ordinance No. 0508-2014 authorized the Director of Public Service to enter into Guaranteed Maximum Reimbursement Agreements with Long and High Loan Holdings, LLC, for up to $250,000.00 to design and construct the Downtown Streetscape - Atlas Building project; and
WHEREAS, Ordinance No. 1595-2014 authorized an additional $35,000.00 for the project to stabilize a section of sidewalk impacted by the Atlas Building's underground vault that encroaches into the City's right-of-way; and
WHEREAS, the City received bids for the construction of the right-of-way improvements on behalf of Long and High Loan Holdings, LLC in September 2014 and the lowest, responsive, responsible, and best bid was $143,526.67 higher than the engineer's estimate of construction costs; and
WHEREAS, the Department of Development has agreed to contribute an additional $72,000.00 toward the project, which is a 50/50 split of the costs above the engineer's estimate to be shared with Long and High Loan Holdings, LLC; and
WHEREAS, it is necessary to authorize an amendment to the 2014 Capital Improvements Budget for the purpose of providing sufficient additional spending authority for the aforementioned project expenditure; and
WHEREAS, an emergency exists in the usual daily operation of the Departments of Development and Public Service, in that it is immediately necessary to authorize said expenditure of such funds to maintain the project schedule and meet community commitments; thereby immediately 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 2014 Capital Improvement Budget, authorized by Ordinance 0683-2014 be and is hereby amended to provide additional sufficient budget authority to reimburse Long and High Loan Holdings, LLC, 88 East Broad Street, Suite 1750, Columbus, OH 43215, pursuant to Section 186 of the Columbus City Charter for the construction of the Downtown Streetscape - Atlas Building project, authorized within this ordinance as follows:
Fund / Project / Project Name / C.I.B. / Change / C.I.B. as Amended
704/ 590415-100012/ Public Private Partnership (3P) Projects (Voted 2013)/ $3,079,866/ ($72,000)/ $3,007,866
704 / 530801-100011 / Downtown Streetscape - Atlas Building (Voted 2013) / $0.00 / $72,000 / $72,000
SECTION 2. That the City Auditor be and is hereby authorized to transfer cash and appropriation within the Streets and Highways G.O. Bonds Fund, No. 704, as follows:
Transfer from:
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / Amount
704/ 590415-100012/ Public Private Partnership (3P) Projects/ 06-6600/ 741512 / $72,000.00
Transfer to:
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / Amount
704 / 530801-100011 / Downtown Streetscape - Atlas Building / 06-6600 / 748011 / $72,000.00
SECTION 3. That for the purpose of paying the cost of these contracts an additional sum of up to $72,000.00 or so much thereof as may be needed, is hereby authorized to be expended from the Streets and Highways Bonds Fund as follows:
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / Amount
704 / 530801-100011 / Downtown Streetscape-Atlas Building / 06-6631 / 748011 / $72,000.00
SECTION 4. 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 5. 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 6. 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 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 its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.