Explanation
This ordinance authorizes the Directors of Public Service and Public Utilities to enter into a reimbursement agreement with Nationwide Realty Investors, and the expenditure of the sum of $1,364,804.00 for the design and construction of a portion of the capital improvements which are necessary and incident to the construction of Huntington Park, the new home of the Columbus Clippers Baseball team. The completion of its construction at the northwest corner of Neil Avenue and West Nationwide Boulevard in the Arena District is planned such that the stadium is available for use at the beginning of the 2009 baseball season.
Several public infrastructure improvements will be needed in this vicinity in order to accommodate this facility. These include street, pedestrian, traffic signal and drainage improvements. While this ordinance authorizes the appropriation and expenditure of $1,364,804.00 toward the construction of these improvements, subject to future ordinances of City Council authorizing additional expenditures and certification by the City Auditor of the availability of additional funds it is anticipated that the City of Columbus will contribute up to a maximum sum of $11,439,656.00 for this purpose coming from the Departments of Public Service and Public Utilities. Of this total amount $9,300,000.00 represents the City's commitment for infrastructure needs directly attributable to the Stadium, the balance, $2,139,656, is attributed to City projects - sanitary, storm and water line work - that were planned but is to be accelerated since this is a logical and cost efficient time to construct them.
A guaranteed maximum cost reimbursement agreement with Nationwide Realty Investors, Ltd., provides that they construct the public improvements on the City's behalf that are publicly bid and subject to reimbursement agreements with the City. This ordinance also waives formal competitive bidding requirements of the City Code with respect to entering this agreement and the construction of public infrastructure improvements.
An amendment to the 2006 Capital Improvement Budget and $1,364,804.00 is needed to initiate this project immediately for design engineering, a traffic study, acquisition of right of way, construction management, and a contract performance bond in order to proceed with the aggressive project construction schedule.
Fiscal Impact: At this time, prior to the 2006 bond sale, it is necessary to provide funding in order to expedite design engineering, a traffic study, acquisition of right of way, construction management, and a contract performance bond for the project and maintain the aggressive project schedule. This ordinance identifies funds in the amount of $1,364,804.00 for this project. $690,000.00 is budgeted in the voted 1995, 1999, 2004 Streets and Highways Fund and the remainder available due to encumbrance cancellations for completed projects in the voted 1995, 1999, 2004 Streets and Highways Fund. The maximum amount of the reimbursement provided within the guaranteed maximum cost agreement including the $1,364,804.00 which is authorized to be expended by this ordinance is $11,439,656.00.
Emergency action is requested in order to keep this project on schedule and meet community commitments.
Title
To authorize the Directors of Public Service and Public Utilities to enter into a guaranteed maximum cost reimbursement agreement pursuant to Section 186 of the Columbus City Charter with Nationwide Realty Investors, Ltd. for public infrastructure improvements to be constructed in connection with the Huntington Park downtown baseball stadium in the amount of $11,439,656, which includes a $9,300,000.00 City infrastructure contribution and an acceleration of $2,139,656.00 attributed to City projects that were planned for the area but are to be accelerated and are not directly associated with the Stadium work itself; to waive the formal competitive bidding requirements of the City Code with respect to said agreement and improvements contemplated therein; to amend the 2006 Capital Improvements Budget; to authorize the transfer of $674,804.00; and to authorize the expenditure of $1,364,804.00 or so much thereof as may be needed from the voted 1995, 1999, 2004 Streets and Highways Fund for these improvements for the Transportation Division and to declare an emergency. ($1,364,804.00)
Body
WHEREAS, Huntington Park will be the new home of the Columbus Clippers baseball team; and
WHEREAS, its completion is planned to coincide with the beginning of the 2009 baseball season; and
WHEREAS, several public infrastructure improvements will be needed in its vicinity in order to accommodate this facility including street, pedestrian, traffic signal, and drainage improvements; and
WHEREAS, the Franklin County Commissioners have represented that sometime prior to the completion of the new Huntington Park Stadium that they will file a petition for annexation of the existing Cooper Stadium property and associated lands into the City of Columbus; and
WHEREAS, the City of Columbus will contribute up to $9,300,000.00 for the construction of these public infrastructure improvements, and will accelerate adjacent infrastructure rehabilitation by providing additional funding of $2,139,656, is attributed to City projects - including storm water, sewer, and waterline rehabilitation - that were planned but are to be accelerated since this is a logical and cost efficient time to construct them; and
WHEREAS, this ordinance authorizes a guaranteed maximum cost agreement for this purpose; and
WHEREAS, this ordinance amends the 2006 Capital Improvements Budget; and
WHEREAS, initial funding in the amount of $1,364,804.00 is needed to begin design engineering, a traffic study, acquisition of right of way, construction management, and for a contract performance bond; and
WHEREAS, an emergency exists in the usual daily operation of the Public Service Department, Transportation Division, 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 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 Directors of Public Service and Public Utilities be and hereby are authorized to enter into a guaranteed maximum cost reimbursement agreement pursuant to Section 186 of the Columbus City Charter with Nationwide Realty Investors, Ltd., for public infrastructure improvements to be constructed in connection with the Huntington Park downtown baseball stadium at a cost not to exceed $11,439,656.00.
SECTION 2. That the amount of $1,364,804.00 is hereby authorized for expenditures herein, all expenditures above $1,364,804.00 is subject to future ordinances of City Council authorizing additional expenditures and certification by the City Auditor of the availability of such funds.
SECTION 3 That this Council finds to be in the best interests of the City of Columbus that the formal competitive bidding provisions of the City Code be waived and hereby waives Section 329 with respect to this guaranteed maximum cost reimbursement agreement and public infrastructure improvements contemplated therein.
SECTION 4. That the 2006 Capital Improvements Budget established within ordinance 1108-2006 be and hereby is amended as follows:
Project Number / Project / Current CIB Amount / amendment amount / CIB amount as amended
590106 / I-670 Retail Cap (Carryover) / $275,000.00 / ($275,000.00) / $0.00
590401/ Lane Avenue Widening & Improvements (Carryover ) / $0.00 / ($399,804.00) / $100,196.00 (Carryover)
530060 / Neil Avenue Area Improvements / $690,000.00 (Carryover) / $674,804.00 (Carryover) / $1,364,804.00 (Carryover)
SECTION 5. That the transfer of $674,804.00 within Fund 704 the voted 1995, 1999, 2004 Streets and Highways fund, Department No. 59-09, Transportation Division, be and hereby is authorized as follows:
TRANSFER FROM:
project number / project / Object Level 01/03 Codes / OCA Code / Amount
590106 / I-670 Retail Cap / 06/6600 / 644385 / $275,000.00
590401/ Lane Avenue Widening & Improvements / 06/6600 / 644385 / $399,804.00
Total Transfer From: $674,804.00
TRANSFER TO:
project number / project / Object Level 01/03 Codes / OCA Code / Amount
530060 / Neil Avenue Area Improvements / 06/6600 / 644385 / $674,804.00
Total Transfer To: $674,804.00
SECTION 6. That for purposes of paying the cost of the design engineering, a traffic study, acquisition of right of way, construction management, a contract performance bond for this project, and other costs necessary and incident thereto, the sum of $1,364,804.00 or so much thereof as may be needed be and hereby is authorized to be expended from Fund 704, the voted 1995, 1999, 2004 Streets and Highways Fund, Department No. 59-09, Transportation Division, Object Level One Code 06, Object Level Three Code 6682, OCA Code 644385 and Project 530060 (Neil Avenue Area Improvements).
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.