Explanation
BACKGROUND
On July 14, 2011, Wagenbrenner Development, Inc., through an affiliated entity, acquired the former Timken property with plans to remediate and redevelop the property.
In support of Wagenbrenner Development, Inc.'s redevelopment of the former Timken property, the City, through the Department of Development, made application to the Ohio Department of Development for a Clean Ohio Revitalization Fund (CORF) grant, under the authorization of Ordinance No. 1002-2011, passed by its Council on July 13, 2011. The City was awarded the CORF grant and subsequently entered into agreement with the Ohio Department of Development, under the authorization of Ordinance No. 2146-2011, passed by its Council on December 7, 2011, through which the City agreed to receive and administer up to $3 million in CORF grant funds for Wagenbrenner Development, Inc.'s clean up and redevelopment of the former Timken property.
On March 26, 2012, pursuant to Ordinance No. 1002-2011, passed by City Council on July 11, 2011, the City entered into an Agreement of Understanding with Wagenbrenner Development, Inc., through which the City agreed to fulfill its obligations under the terms of the Clean Ohio Revitalization Fund (CORF) grant and to complete certain roadway and other public right-of-way improvements.
As part of the City's ongoing support for Wagenbrenner Development, Inc.'s redevelopment of the former Timken site, known by the City's project name "NCR-Milo Grogan", the City, through the Department of Public Service, applied for and received funding from the Ohio Public Works Commission's (OPWC) Rounds 26 and 27 Local Transportation Improvement Program (LTIP) and State Capital Improvement Program (SCIP) in the amounts of $1,099,999.00 and $3,042,616.00, respectively, to fund public infrastructure improvements for the NCR-Milo Grogan project.
This ordinance authorizes the Director of the Department of Public Service to enter into a design guaranteed maximum reimbursement agreement with Wagenbrenner Development, Inc., for an amount up to $550,000.00 for the design of public infrastructure improvements for the NCR-Milo Grogan project.
The scope of public infrastructure improvements for NCR-Milo Grogan includes the modification of previously designed plans to include the addition of an eastbound lane on 5th Avenue between the railroad bridge and Corrugated Way; installation of traffic signals at the intersections of Fields Drive/5th Avenue and Gibbard Avenue/Cleveland Avenue; addition of a northbound right-turn lane on Cleveland Avenue to 5th Avenue; addition of a southbound right-turn lane on Cleveland Avenue to a future access drive; and replacement of sidewalk along Cleveland Avenue from 5th Avenue to a point approximately 100' south of 3rd Avenue. Other modifications, may include, but are not limited to: modifications to sidewalk widths; relocation of MELP poles; redistribution of lighting and landscape elements; and acquisition and/or donation of additional easements and right-of-way as required for the construction of these public infrastructure improvements.
CONTRACT COMPLIANCE INFORMATION
The contract compliance number for Wagenbrenner Development, Inc. is 26-3039980. The expiration date is 01/18/2015
FISCAL IMPACTS
The Department of Development will contribute up to $550,000.00 for this design guaranteed maximum reimbursement agreement. This expense is budgeted within the Streets and Highways G.O. Bonds Fund 704 and is available within the NCR - Milo Grogan project and within the Gov'l B.A.B.s (Build America Bonds) Fund 746 and available within the NCR - Milo Grogan project.
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 design guaranteed maximum reimbursement agreement, which is necessary to facilitate the design of these improvements to maintain the project schedule and meet community commitments; thereby immediately preserving the public health, peace, property, safety and welfare.
Title
To amend the 2012 Capital Improvement Budget; to authorize the City Auditor to transfer funds between projects within the Streets and Highways Bond Funds and the Gov'l B.A.B.s (Build America Bonds) Fund; to authorize the Director of the Department of Public Service to enter into a design guaranteed maximum reimbursement agreement with Wagenbrenner Development, Inc. pursuant to Section 186 of the Columbus City Charter, for the design of public infrastructure improvements in connection with the NCR-Milo Grogan project in an amount up to $550,000.00; to authorize the expenditure of up to $435,558.67 from the Streets and Highways Bond Fund and the expenditure of up to $114,441.33 from the Gov'l B.A.B.s (Build America Bonds) Fund; and to declare an emergency. ($550,000.00)
Body
WHEREAS, Wagenbrenner Development, Inc. plans to clean up and redevelop the former Timken property; and
WHEREAS, the City supports Wagenbrenner Development, Inc.'s clean up and redevelopment of the former Timken property; and
WHEREAS, the City was awarded a $3 million Clean Ohio Revitalization Fund (CORF) grant from the Ohio Department of Development for the clean up and redevelopment of the former Timken property; and
WHEREAS, the City entered into agreement with Wagenbrenner Development, Inc. to fulfill its obligations under the Clean Ohio Revitalization Fund (CORF) grant and to complete certain roadway and other public right-of-way improvements; and
WHEREAS, the City was awarded funding from the Ohio Public Works Commission's (OPWC) Round 26 Local Transportation Improvement Program (LTIP) and State Capital Improvement Program (SCIP) in the amount of $1,099,999.00 for public infrastructure improvements for the NCR-Milo Grogan project; and
WHEREAS, the City was awarded funding from the Ohio Public Works Commission's (OPWC) Round 27 Local Transportation Improvement Program (LTIP) and State Capital Improvement Program (SCIP) in the amount of $3,042,616.00 for additional public infrastructure improvements for the NCR-Milo Grogan project; and
WHEREAS, public infrastructure improvements for this project includes the modification of previously designed plans to include the addition of an eastbound lane on 5th Avenue between the railroad bridge and Corrugated Way; installation of traffic signals at the intersections of Fields Drive/5th Avenue and Gibbard Avenue/Cleveland Avenue; addition of a northbound right-turn lane on Cleveland Avenue to 5th Avenue; addition of a southbound right-turn lane on Cleveland Avenue to a future access drive; and replacement of sidewalk along Cleveland Avenue from 5th Avenue to a point approximately 100' south of 3rd Avenue. Other modifications, may include, but are not limited to: modifications to sidewalk widths; relocation of MELP poles; redistribution of lighting and landscape elements; and acquisition and/or donation of additional easements and right-of-way as required for the construction of these public infrastructure improvements; and
WHEREAS, the Department of Public Service has identified the need to enter into a design guaranteed maximum reimbursement agreement with Wagenbrenner Development, Inc. for the NCR-Milo Grogan project; and
WHEREAS, this ordinance authorizes the Director of the Department of Public Service to enter into a design guaranteed maximum reimbursement agreement with Wagenbrenner Development, Inc., in an amount up to $550,000.00 for the design of public infrastructure improvements in connection with the NCR-Milo Grogan project; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Service, in that it is immediately necessary to authorize said design guaranteed maximum 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 2012 C.I.B. authorized by ordinance 0368-2012 be amended as follows to provide sufficient budget authority for this expenditure:
Fund / Project / Project Name / Current C.I.B. / Amendment / C.I.B. as amended
704 / 530058-100008 / NCR-Streetscape Improvements (Carryover) / $200,000 / ($200,000) / $0
746 / 530058-100003 / NCR-Short North (Carryover) / $18,814 / ($18,814) / $0
746/ 440005-100013 / UIRF - North Eureka/Steel to North Corp Line (Carryover) / $57,539 /($57,539)/$0
704 / 440005-100006 / UIRF-Gen Eng Services (Carryover) / $126,280 / ($126,280) / $0
746 / 440005-100009 / UIRF-Holtzman/Main (Carryover) / 20,294 / ($20,294) / $0
746 / 440005-100016 / UIRF-Iuka Road Lighting (Carryover) / $17,495 / ($17,495) / $0
746 / 440005-100018 / UIRF-St. Clair Gateway (Carryover) / $300 / ($300) / $0
704 / 440005-100015 / UIRF-West Broad St (Carryover) / $258,001 / ($109,278) / $148,723
704 / 530058-100001 / NCR - Milo Grogan (Carryover) / $264,773 / $435,559 / $700,332
746 / 530058-100001 / NCR - Milo Grogan (Carryover) / $0 / $114,442 / $114,442
SECTION 2 That the City Auditor is hereby authorized to transfer cash and appropriation within Fund 704, The Streets and Highways G.O. Bonds Fund as follows:
Transfer from:
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / Amount
704 / / 530058-100008 / NCR-Streetscape Improvements / 06-6600 / 745808 / $200,000.00
704 / 440005-100006 / UIRF-Gen Eng Services / 06-6631 / 740506 / $126,280.00
704 / 440005-100015 / UIRF-West Broad St / 06-6600 / 740515 / $109,278.67
Transfer to:
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / Amount
704 / 530058-100001 / NCR - Milo Grogan / 06-6631 / 745801 / $435,558.67
SECTION 3 That the City Auditor is hereby authorized to transfer cash and appropriation within Fund 746, The Gov'l B.A.B.s (Build America Bonds) Fund as follows:
Transfer from:
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / Amount
746 / 530058-100003 / NCR-Short North / 06-6600 / 765803 / $18,813.98
746 / 440005-100013 / UIRF-North Eureka/Steel to North Corp Line / 06-6600 / 760513 / $57,538.91
746 / 440005-100009 / UIRF-Holtzman/Main / 06-6600 / 760509 / $20,293.87
746 / 440005-100016 / UIRF-Iuka Road Lighting / 06-6600 / 760516/ $17,494.57
746 / 440005-100018 / UIRF-St. Clair Gateway / 06-6600 / 760518 / $300
Transfer to:
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / Amount
746 / 530058-100001 / NCR - Milo Grogan / 06-6631 / 765801 / $114,441.33
SECTION 4. That the Director of the Department of Public Service be and hereby is authorized to enter into a design guaranteed maximum reimbursement agreement with Wagenbrenner Development, Inc., 575 West First Avenue, Suite 100, Columbus, Ohio 43215, pursuant to Section 186 of the Columbus City Charter for the design of public infrastructure improvements to be constructed in connection with the NCR-Milo Grogan project at a cost up to $550,000.00.
SECTION 5. That the sum of up to $550,000.00 is authorized to be expended for this design guaranteed maximum reimbursement agreement as follows:
Fund / Dept-Div / Project / Project Name / O.L. 01-03 Codes / OCA Code / Amount
704 / 59-01 / 530058-100001 / NCR - Milo Grogan / 06-6631 / 745801 / $435,558.67
746 / 59-01 / 530058-100001 / NCR - Milo Grogan / 06-6631/ 765801 / $114,441.33
SECTION 6. 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 7. 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 8. 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 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.