Explanation
1. BACKGROUND: This legislation authorizes the Director of Public Utilities to enter into a reimbursement agreement with the Graceland Shoppers Limited Partnership for the construction of specified sections of the Leland Ave. Ditch Storm Sewer Project which is located in the Clintonville community of the city.
The Graceland Shoppers Limited Partnership, hereinafter referred to as the developer, has plans of redeveloping the Graceland Shopping Center for purposes of constructing new facilities for a new tenant. The City has caused the preparation of construction plans and specifications for stormwater improvements that require the installation of a large diameter storm sewer through the Graceland Shopping Center, however, the construction schedules projected by the City were not fast enough for the proposed construction schedule of the developer's plans. In order to avoid delaying the subject development and to avoid having the City disturb new and expensive land improvements, thereby incurring much higher construction costs, the developer has agreed to incorporate the construction of the storm sewer improvements into its development plans. The developer further agrees to provide the permanent easements at no further cost to the City. In exchange for this, the City shall agree to reimburse the developer for documented construction and related costs that are associated with the subject capital improvements project, up to a maximum of $609,327.00.
The Division anticipates constructing the upstream portions of the Leland Ave. Ditch Storm Sewer Project and associated sanitary sewer improvements at a later date.
2. BID INFORMATION: In accordance with Section 186 of the Columbus City Charter, this contract shall contain a guaranteed maximum cost and stipulate that the City shall pay within such maximum the cost of labor and materials to be paid to the Developer. As a condition of the agreement, the Developer is required to comply with the competitive bidding procedures of Section 329 of the Columbus City Codes, "Procurement of Goods and Services", and with the Prevailing Wage Requirements of Chapter 4115 of the Ohio Revised Code.
3. FISCAL IMPACT: The Division of Sewerage and Drainage is requesting Council to amend the 2003 Capital Improvements Budget in order to provide the required budget authority for this expenditure. The transfer from the Storm Sewer System Reserve Fund to the Storm Sewer Bond Fund is a temporary measure until such time as long term funding can be acquired.
4. EMERGENCY LEGISLATION: The Division of Sewerage and Drainage is requesting City Council to designate this ordinance an emergency measure in order to allow for the immediate execution of the subject reimbursement agreement that is necessary to allow for the immediate redevelopment of the Graceland Shopping Center for the enhancement of economic opportunity for the Clintonville community.
Title
To authorize the Director of Public Utilities to enter into a guaranteed maximum cost agreement in accordance with Section 186 of the City Charter, with the Graceland Shoppers Limited Partnership, in connection with the Leland Ave. Ditch Storm Sewer Project; to authorize the transfer, appropriation and expenditure of $702,327.00 from the Storm Sewer System Reserve Fund to the Storm Sewer Bond Fund; to amend the 2003 Capital Improvements Budget; and to declare an emergency.
Body
WHEREAS, the Graceland Shoppers Limited Partnership, hereinafter called the developer, and the Division of Sewerage and Drainage, Department of Public Utilities, hereinafter referred to as the City are desirous of entering into a capital improvements project reimbursement agreement in connection with the Leland Avenue Ditch Storm Sewer Project; and
WHEREAS, the developer is the owner of the Graceland Shopping Center located in the Clintonville community of Columbus, and intends to redevelop the shopping center for purpose of providing new retail space; and
WHEREAS, the Division of Sewerage and Drainage engineering staff have determined that it is in the City's best interest to enter into the subject agreement with the developer, for purposes of allowing them to incorporate the construction of specified sections of the Leland Avenue Ditch Storm Sewer Project into the redevelopment of the Graceland Shopping Center; and
WHEREAS, the developer shall grant all necessary utility easements to the City, at no cost, across land and improvements controlled by the developer, in exchange for accelerating the construction schedule for the aforementioned capital improvements project; and
WHEREAS, an emergency exists in the usual daily operation of the Division of Sewerage and Drainage, Department of Public Utilities in that it is necessary for this Council to authorize the Director to execute a guaranteed maximum sum contract with the Graceland Shoppers Limited Partnership, in order to allow them to immediately incorporate the construction of specified sections of currently planned Division stormwater sewer improvements, pursuant to the planned redevelopment of the Graceland Shopping Center, for the economic enhancement of the Clintonville community; and to additionally authorize the transfer of funds from the Storm Sewer System Reserve Fund to the Storm Sewer Bond Fund; and to authorize an amendment to the 2003 Capital Improvements Budget; for the preservation of the public health, peace, property, safety, and welfare, now therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That from the unappropriated monies in the Storm Sewer System Reserve 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, 2004, the Sum of $702,327.00, is hereby appropriated to the Division of Sewerage and Drainage, Division 60-15| Object Level 10| Object Level Three 5502| OCA Code 690001.
Section 2. That the City Auditor is hereby authorized and directed to transfer $702,327.00, from the Storm Sewer System Reserve Fund No. 690 to the Storm Sewer Bond Fund No. 685, into the appropriate project account as specified within Section 6 herein, at such time as deemed necessary by him, and to expend said funds, or so much thereof as may be necessary.
Section 3. That the expenditure of $702,327.00 is hereby appropriated for the Leland Ave. Ditch Storm Sewer Project within the Storm Sewer Bond Fund No. 685| Division 60-15| Object Level Three No. 6621| Project No. 610863| OCA Code 685863.
Section 4. That upon obtaining other funds for the purpose of funding the aforementioned stormwater system improvements project work, the City Auditor is hereby authorized to repay the Storm Sewer Reserve Fund the amount transferred under Section 2., above, and said funds are hereby deemed appropriated for such purpose.
Section 5. That the City Auditor is authorized to make any accounting changes to revise the funding source for any contract associate the expenditure of the funds transferred under Section 2., above.
Section 6. That the Director of Public Utilities be, and hereby is, authorized to enter into a contract, in accordance with the provisions of Columbus City Charter Section 186, to reimburse Graceland Shoppers Limited Partnership, 191 W. Nationwide Blvd., Suite 200, Columbus, Ohio, 43215, for the costs associated with guaranteed maximum sum reimbursement agreement on file in the offices of the Division of Sewerage and Drainage
Section 7. That for the purpose of paying the cost of the capital improvements project reimbursement agreement, the expenditure of $702,327.00, or as much thereof as may be needed, be and the same hereby is authorized from the Storm Sewer Bond Fund No. 685| Object Level Three No. 6621| Project No. 610863| OCA Code 685863.
Section 8. That said capital improvements project reimbursement agreement shall stipulate that Graceland Shoppers Limited Partnership agrees to comply with the competitive bidding procedures of Section 329 of the Columbus City Codes, "Procurement of Goods and Services", and with the Prevailing Wage Requirements of Chapter 4115 of the Ohio Revised Code.
Section 9. The the 2003 Capital Improvements Budget Ordinance No. 1943-2003 is hereby modified as follows, to provide sufficient budget authority for the execution of the construction contract stated in Section 6 herein.
CURRENT:
610855 Storm Sewer Contingencies-$997,133.00
610863 Leland Ave. Ditch Storm Sewer Project-$0.00
AMENDED TO:
610855 Storm Sewer Contingencies-$283,670.00 (-$713,463.00)
610863 Leland Ave. Ditch Storm Sewer Project-$702,327.00
Section 10. 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.