Explanation
The City of Columbus has collaborated with the Short North Special Improvement District of Columbus, Incorporated, (District) to fund a portion of the design, fabrication and construction expense of the Short North Arch project. It has been determined that the recent contract modifications for the arch reconstruction as authorized by Ordinance 1188-2006 passed by City Council July 31, 2006 failed to incorporate architectural up lighting and color changeability to the District's satisfaction. The City previously and presently offered to include these options in the current design and construction if the District provided the appropriate funding. The District has now agreed to do so.
The City receives assessments generated within the District from Franklin County biannually. Sixty-two percent (62%) of the assessment money received by the City is returned to the District to pay its operating costs. Thirty-eight percent (38%) of the assessment received by the City is kept as repayment for the arch construction project.
This legislation allows the Public Service Director to memorialize its funding agreement with the District. This agreement will allow the District to use City funding sources previously earmarked to the District for streetscape and other items to be diverted to the Short North Arch project. This agreement also authorizes the City to advance $34,595.16 to the project. The repayment of the $34,595.16 will come from the sixty-two percent that is returned to the District. Prior to forwarding the District's allotment to the District the City will retain $5,000.00 in both 2007 and 2008 and $24,595.16 in 2009 as repayment of the $34,595.16.
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 $276,339.98 to install new color light-emitting diode (LED) lighting and architectural up lighting on the arches. The project limits are on North High Street from Pearl Street (south limit) to Smith Place (north limit). Pricing for this modification was obtained by negotiations with Righter Company using past project prices for new items. Righter Company, Incorporated's, contract compliance number is 31-0889208; this expires May 30, 2007.
Finally, this legislation provides for payment to the Power and Water Division for the installation of two power transformers in the amount of $1,255.18.
Fiscal Impact: The original contract amount was for $1,547,354.76. The total of all prior modifications is $1,880,589.35. The amount of this modification is $276,339.98. The total contract amount including all modifications is $3,704,284.09; however, $1,235,000.00 of this total comes from the settlement authorized by Ordinance 2168-2005, passed December 12, 2005 wherein the City received monies from the architect and engineer who designed the fiber optic lighting system for the Short North Arches project and the manufacturer who supplied the lighting system.
Monies for this modification are available within three (3) Funds. $91,596.16 is available within the Short North Special Improvement District Fund. $132,928.00 is available within the 1995, 1999, 2004 Voted Streets and Highways Fund in two District-oriented Urban Infrastructure projects. $53,071.00 is available within the Development Limited Bond Fund. This ordinance appropriates the former amount; the latter two amounts are already appropriated.
Emergency action is requested to effect the reconstruction of the Short North Arches to include these additional items as soon as possible to keep commitments to affected neighborhood residents, businesses and organizations. The project's construction completion date is extended to May 31, 2007 with this modification.
Title
To appropriate $91,596.16 within the Short North Special Improvement District Fund; to authorize the City Auditor to transfer $91,596.16 between projects within the Short North Special Improvement District Fund; to authorize the Public Service Director to enter into an agreement with the Short North Special Improvement District of Columbus, Incorporated, for funding a portion of the design, fabrication and construction expense of the Short North Arch project; to authorize the Public Service Director to modify and increase an existing construction contract with the Righter Company; to authorize the expenditure of $1,255.18 to the Power and Water Division; to authorize the expenditure of $277,595.16 for this purpose from the Short North Special Improvement District Fund ($91,596.16); the 1995, 1999, 2004 Voted Streets and Highways Fund ($132,928.00); and the Development Limited Bond Fund ($53,071.00); and to declare an emergency. ($277,595.16)
Body
WHEREAS, the City of Columbus has collaborated with the Short North Special Improvement District of Columbus, Incorporated, (SID) to fund a portion of the design, fabrication and construction expense of the Short North Arch project; and
WHEREAS, the recent contract modification did not incorporate architectural up lighting and color changeability to the District's satisfaction; and
WHEREAS, the City previously and presently offered to include these options in the current design and construction if the District provided the appropriate funding and the District has agreed to do so; and
WHEREAS, an emergency exists in the usual daily operation of the Public Service Department, Transportation Division, in that it is immediately necessary to modify the existing construction contract and authorize the expenditure of funds in connection with the reconstruction of the Short North Arch project to keep this project on schedule and 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 sum of $91,596.16 be and hereby is appropriated from the unappropriated balance of Fund 716, the Short North Special Improvement District Fund, and from all monies estimated to come into said fund from any and all sources and unappropriated for any other purpose during the fiscal year ending December 31, 2006, to Department No. 44-02, Development Department, Object Level One Code 06, Object Level Three Code 6625 and OCA Code 048611.
SECTION 2. That the monies appropriated within the foregoing Section 1 shall be paid upon order of the Public Service Director and that no order shall be drawn or money paid except by voucher, the form of which shall be approved by the City Auditor.
SECTION 3. That the City Auditor be and hereby is authorized to transfer $91,596.16 between projects within Fund 716, the Short North Special Improvement District Fund, as follows:
TRANSFER FROM
Project / Department No. / Object Level One/Object Level Three Codes / OCA Code
Undesignated / 44-02 / 06/6625 / 048611
Total Transfer From: $91,596.16
TRANSFER TO
Project # / Project / Department No. / Object Level One/Object Level Three Codes / OCA Code
440110 / Short North SID / 44-02 / 06/6625 / 471841
Total Transfer To: $91,596.16
SECTION 4. That the Public Service Director be and hereby is authorized to enter into an agreement with the Short North Special Improvement District of Columbus, Incorporated for cooperation, financial participation, and expectations of the Short North Arch Project, including architectural up lighting and color changeability.
SECTION 5. That the Public Service Director be and hereby is authorized to modify and increase the existing construction contract with the Righter Company the amount of $276,339.98 to install the new color light-emitting diode (LED) lighting system and architectural up lighting system on the arches and extend the project's construction completion date to May 31, 2007.
SECTION 6. That the Public Service Director be and hereby is authorized to render payment in the amount of $1,255.18 or so much thereof as may be needed to the Power and Water Division for the installation of two power transformers.
SECTION 7. That the expenditure of $277,595.16 or so much thereof as may be needed for the purpose detailed within Sections 4 and 5 above be and hereby is authorized as follows:
Fund # / Fund / Department No. / Object Level One/Three Codes / OCA Code / Project / Amount
704 / '95, '99, '04 Voted Streets and Highways Fund / 59-09 / 06/6625 / 644385 / 440005 / $108,028.00
704 / '95, '99, '04 Voted Streets and Highways Fund / 59-09 / 06/6625 / 644385 / 530021 / $24,900.00
716 / Short North Special Improvement District Fund / 44-02 / 06/6625 / 471841 / 440110 / $91,596.16
742 / Development Limited Bond Fund / 44-01 / 06/6625 / 643106 / 440104 / $53,071.00
SECTION 8. 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.