Explanation
1. BACKGROUND
On August 29, 2008 the City entered into the Columbus Coated Fabrics Economic Development Agreement (EDA) with Wagenbrenner Development, Inc., authorized by ordinance 1456-2007, to address the redevelopment of the Columbus Coated Fabrics site with housing, green space and improved roadways. The City has committed to funding the design and construction of street and utility improvements up to $12.85 million. The cost of design is $1,060,000.00. The cost of roadway improvements, including utility upgrades and inspection, will be up to $11,790,000.
On July 17, 2009 the City entered into the Columbus Coated Fabrics Design Agreement with Wagenbrenner Development, Inc. for the design of public roadway and infrastructure improvements on and around the site, authorized by ordinance 0043-2009.
Ordinance 1565-2009, authorized the City to enter into the Guaranteed Maximum Reimbursement Agreement for Phase 1 improvements.
This ordinance authorizes the Director of Public Service to enter into a guaranteed maximum cost agreement with Wagenbrenner Development in the amount of $908,353.02 for the Phase 2A and 2B improvements and to provide for construction inspection and administration by City staff in the amount of $85,979.63.
This project consists of improvements to City water and sanitary sewer infrastructure. The sanitary sewer improvements consist of approximately 1,200 linear feet of new 8" sewer pipe at a lower elevation in alley west of Grant Avenue between Sixth Avenue and Eighth Avenue. The water improvements consist of the installation of approximately 2,000 feet of 6-inch and 8-inch water lines on Sixth Street and Eighth Avenue. These water improvements will provide for general rehabilitation of the area
distribution system including construction of new water lines, new fire hydrants, and transferring water services.
Subsequent legislation will authorize the remaining construction of public improvements on the site.
2. CONTRACT COMPLIANCE INFORMATION
The contract compliance number for Wagenbrenner Development Inc. is 26-3039980 and expires September 15, 2011.
3. FISCAL IMPACT: The maximum amount of the reimbursement provided within the guaranteed maximum cost agreement authorized to be expended by this ordinance is $908,353.02.
The Department of Development will contribute $504,085.45 for Construction and inspection and other project expenses. This ordinance also authorizes the City Auditor to execute a partial cancellation of AC030562-002 in the amount of $504,085.45, and subsequently authorizes the Department of Public Service to expend $504,085.45 for the purpose of funding the Department of Public Service portion of this reimbursement and inspection.
The Division of Power and Water funding for this reimbursement agreement and inspection in the amount of $490,247.20 is available within the Water Build America Bonds Fund. A transfer of funds within the Water Build America Bonds Fund will be necessary as well as an amendment to the 2011 Capital Improvements Budget.
4. EMERGENCY DESIGNATION
The Department of Public Service is requesting this ordinance to be considered an emergency measure in order to allow for immediate execution of this agreement which is necessary to facilitate the cooperative construction of public right-of-way improvements in the area known as the Columbus Coated Fabrics site.
Title
To authorize the Directors of Public Service and Public Utilities to enter into a guaranteed maximum cost agreement with Wagenbrenner Development, Inc., for public infrastructure improvements to be constructed in connection with the Miscellaneous Economic Development - Columbus Coated Fabrics Phase 2A and Phase 2B project in the amount of $908,353.02 and to provide for construction inspection in the amount of $85,979.63; to authorize the City Auditor to execute a partial cancellation of an existing Auditor's Certificate; to authorize the Director of Public Service to expend $504,085.45 from the Streets and Highways G.O. Bonds Fund; to authorize the expenditure of $490,247.20 for the Division of Power and Water (Water) contribution to this project from the Water Build America Bonds Fund; to amend the 2011 Capital Improvements Budget; and to declare an emergency. ($994,332.65)
Body
WHEREAS, the Department of Public Service is currently undertaking utility and roadway improvements in the area known as the Columbus Coated Fabrics Site; and
WHEREAS, the City of Columbus, Department of Public Service has determined that the need exists and it is in the City's best interest to enter into a guaranteed maximum cost agreement with Wagenbrenner Development, Inc. for purposes of constructing improvements to the infrastructure surrounding the Columbus Coated Fabrics Site; and
WHEREAS, on August 29, 2008 the City entered into the Columbus Coated Fabrics Economic Development Agreement (EDA) with Wagenbrenner Development, Inc., authorized by ordinance 1456-2007, to address the redevelopment of the site with housing, green space and improved roadways; and
WHEREAS, on July 17, 2009 the City entered into the Columbus Coated Fabrics Design Agreement with Wagenbrenner Development, Inc. for the design of public roadway and infrastructure improvements on and around the site, authorized by ordinance 0043-2009; and
WHEREAS, ordinance 1565-2009, authorized the City to enter into the Guaranteed Maximum Reimbursement Agreement for Phase 1 improvements; and
WHEREAS, funding established in ordinance 1565-2009 exceeded the need for Phase 1 of the project and is available to be reallocated for Phase 2A and 2B; and
WHEREAS, this ordinance authorizes the City Auditor to execute a partial cancellation of AC030562-002 in the amount of $504,085.45 for the purpose of funding the Department of Public Service portion of this agreement and inspection; and
WHEREAS, this ordinance authorizes the Directors of Public Service and Public Utilities to enter into a guaranteed maximum cost agreement with Wagenbrenner Development in the amount of $908,353.02 for the Phase 2A and 2B improvements; and
WHEREAS, it is necessary to provide funding in the amount of $85,979.63 for City staff to inspect the project; and
WHEREAS, the City of Columbus will contribute up to $994,332.65 for the construction and inspection of these public infrastructure improvements, including City water and sanitary sewer infrastructure; and
WHEREAS, it is necessary for this Council to authorize the City Auditor to transfer funds within the Water Build America Bonds Fund; and
WHEREAS, it is necessary to authorize an amendment to the 2011 Capital Improvements Budget for purposes of providing sufficient funding and expenditure authority for the aforementioned project expenditure; and
WHEREAS, an emergency exists in the usual daily operation of the Public Service Department, Division of Design and Construction, in that it is immediately necessary to authorize said guaranteed maximum cost reimbursement agreement and the 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 the Director of Public Service be and hereby is authorized to enter into a guaranteed maximum cost agreement pursuant to Section 186 of the Columbus City Charter with Wagenbrenner Development Inc., 575 West First Avenue #100, Columbus, Ohio 43215, for public infrastructure improvements to be constructed in connection with the Miscellaneous Economic Development - Columbus Coated Fabrics Phase 2A and 2B project at a cost not to exceed $908,353.02($446,785.25 Water, $461,567.77 Development) and to provide funding for construction inspection in the amount of $85,979.63($43,461.95 Water, $42,517.68 Development)
SECTION 2. That the City Auditor is authorized to execute a partial cancellation of AC030562-002 in the amount of $504,085.45 for the purpose of providing funding for Phase 2A and 2B of this agreement for the Department of Public Service.
SECTION 3. That the 2011 Capital Improvement Budget authorized by ordinance 0266-2011 be amended as follows due to the partial cancellation of an Auditor's Certificate from a previous phase of this project:
Fund No. | Project No. | Project Name | Current Authority | Revised Authority | change
746 | 440104-100002 | Misc Economic Development-Cols Coated Fabric (Carryover) | $0.00 | $504,086.00 | $504,086.00
SECTION 4. That the City Auditor is hereby authorized to transfer $490,247.20 within the Division of Power and Water, Dept/Div. No. 60-09, Water Build America Bonds Fund, Fund No. 609, as follows:
Fund No. | Project No. | Project Name | OCA Code | OL1-OL3 | change
609 | 690365-100000 (carryover) | Sullivant Ave. W.L. Cleaning | 693650 | 06-6600 | -$490,247.20
609 | 690236-100048 (carryover) | Cols. Coated Fabric W.L., Ph. 2 | 693648 | 06-6629 | +$446,785.25
609 | 690236-100048 (carryover) | Cols. Coated Fabric W.L., Ph. 2 | 693648 | 06-6687 | +$43,461.95
SECTION 5. That the 2011 Capital Improvements Budget is hereby amended as follows:
Fund No. | Project No. | Project Name | Current Authority | Revised Authority | change
609 | 690365-100000 (carryover) | Sullivant Ave. W.L. Cleaning | $1,350,686 | $860,438 | -$490,248
609 | 690236-100048 (carryover) | Cols. Coated Fabric W.L., Ph. 2 | $0 | $490,248 | +$490,248
SECTION 6. That the sum of $504,085.45 is authorized to be expended for this agreement and construction inspection as follows:
Fund / Project / Project Name / O.L. 01-03 Codes / OCA Code / Amount
746 / 59-12 / 440104-100002 / Misc Economic Development-Cols Coated Fabric / 06-6631 / 746104 / $461,567.77
746 / 59-12 / 440104-100002 / Misc Economic Development-Cols Coated Fabric / 06-6687 / 746104 / $42,517.68
SECTION 7. That the sum of $490,247.20 is authorized to expended for the purpose of funding the Division of Power and Water share of this agreement and inspection as follows:
Fund / Project / Project Name / O.L. 01-03 Codes / OCA Code / Amount
609 / 60-09 / 690236-100048 (carryover) / Cols. Coated Fabrics W.L., Ph. 2 / 06-6629 / 693648 / $446,785.25
609 / 60-09 / 690236-100048 (carryover) / Cols. Coated Fabrics W.L., Ph. 2 / 06-6687 / 693648 / $43,461.95
SECTION 8. 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 9. 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.