Explanation
1. BACKGROUND
This ordinance authorizes the Director of Public Service to enter into a design agreement directly with Evans, Mechwart, Hambleton and Tilton Inc. (EMH&T) for the amount of $145,434.17. This ordinance also authorizes the repeal of ordinance 1146-2011, passed on 7/20/11.
The Project includes design of a new public road from the intersection of Frebis Avenue and Gilbert Street to the intersection of the Tech South Public Road and Jenkins Avenue (approximately 900 feet). The Tech South Public Road will align with Gilbert Street at Frebis Avenue and with an existing driveway for the Tech South development at Jenkins. The project also includes a new public road (Tech South Public Road) from Jenkins Avenue to Markison Avenue (approximately 630 feet) that will follow the East property line of the Tech South property and 750 feet of new storm sewer along Jenkins Avenue to 18th Avenue. Some demolition of existing parking lots, concrete walls, concrete slabs and other pavement will be required. Minor coordination will be required to relocate some American Electric Power facilities within the limits of the project. Proposed improvements will include new pavement, sidewalk, curb, storm sewer, and street lighting.
The former Techneglas plant closed in 2004 and served as one of Columbus' major industrial employers for many years. The site has remained largely vacant since with approximately 48 acres and over 1 million square feet of re-
developable space.
Ordinance 1154-2007 passed by Columbus City Council on July 16, 2007, authorized the Director of of the Department of Development to enter into a partnership agreement with TG707, Inc. to apply for a $5,000,000.00 Ohio JRS grant for improvements at the former Techneglas site on Columbus' Southside at 707 Jenkins Avenue, for the redevelopment project known as TechCenter South.
Ordinance 0691-2008 passed by Columbus City Council on April 21, 2008, to reflect the City of Columbus as the grant applicant in partnership with the TechCenter South Development Co., LLC; replacing TG707 Inc. as the appropriate legal entity with whom the City would enter into a development agreement.
The Development Agreement for the former Techneglas Facility was executed on May 18, 2008 between City and TechCenter South Development Co., LLC.
An "Amendment of the Development Agreement concerning the former Techneglas facility" was executed on March 24, 2009 by the City and TechCenter South Development Co., LLC . This amendment stated the responsibilities of the City and TechCenter South Development Co, LLC in fulfilling the JRS Grant.
A "Second Amendment of Development Agreement concerning the former Techneglas facility" was executed on June 18, 2009 between the City and TechSouth Development Co. LLC. This amendment changed the name of the developer from TechCenter South Development Co., LLC, a Delaware limited liability company to TechSouth Development Co., LLC, a Delaware limited liability company.
Ordinance 1944-2008, passed by Columbus City Council on December 15, 2008 authorized an agreement between the Director of the Columbus Department of Development and the Ohio Department of Development to accept a $5,000,000.00 Job Ready Sites (JRS) grant for improvements at the TechCenter South site (formerly known as the Techneglas site) and to authorize any necessary agreements with the site owner, TechCenter South Development Co., LLC (an affiliate of Greystone & Co., Inc.) as the City's principle agent to facilitate site improvements under the said grant for redevelopment of the TechCenter South site.
With the JRS grant, the City, in partnership with the TechCenter South Development Company will renovate the existing space and undertake site improvements to accommodate an anticipated employment potential of over 1,500 jobs.
On March 3, 2010, The Ohio Department of Development agreed to amend the term for completing the TechSouth entrance road, by one year, to December 15, 2012
Ordinance 1146-2011 authorized the Director of Public Service to enter into a design reimbursement agreement with TechCenter South Development Co., LLC, for the design of public infrastructure improvements in connection with the Roadway Improvements - Tech Center South project in the amount of $173,351.21 and authorized the Director of Public Service to expend $173,351.21 from the Streets and Highways G.O. Bonds Fund for this purpose.
Since that time the decision was made to take a different course of action. TechCenter South Development Co., LLC no longer has any employees or interests in the TechSouth area and was unable to execute a Design Agreement with EMH&T. In light of this, it makes the most sense from a time and efficiency standpoint for the City to directly contract with EMH&T for this project.
This new legislation is less, $145,434.17 vs. $173,351.21, because it was determined that one of the services, construction staking, would be performed by the Construction Contractor instead of EMH&T.
2. WAIVER OF COMPETITIVE BIDDING
Since EMH&T has already completed preliminary engineering work for the project, the project has a very quick timeline in order to fulfill requirements of State of Ohio Job Ready Site Program Grant, and is ready to move to detailed design as soon as this legislation is passed. The Department of Public Service requests that a waiver of the competitive bidding requirements of Columbus City Code, in accordance with section 329 be authorized for this project in order for the City to contract directly with EMH&T.
2. CONTRACT COMPLIANCE INFORMATION
EMH&T 's contract compliance number is 310685594 and expires 9/21/13.
3. FISCAL IMPACT
This ordinance repeals ordinance 1146-2011 and will authorize the cancellation of Auditor's Certificate AC032714 associated with that ordinance to provide funding for this contract with EMH&T.
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 contract which is necessary to facilitate the design of public right-of-way improvements in the area known as the TechCenter South site (formerly known as the Techneglas site).
Title
To authorize the Director of Public Service to enter into a professional services contract with EMH&T for the design of public infrastructure improvements in connection with the Roadway Improvements - Tech Center South project in the amount of $145,434.17; to repeal ordinance 1146-2011; to authorize and direct the City Auditor to cancel the Auditor's Certificate associated with that ordinance; to authorize the Director of Public Service to expend $145,434.17 from the Streets and Highways G.O. Bonds Fund; to waive the competitive bidding provisions of the Columbus City Code regarding professional services contracts; and to declare an emergency. ($145,434.17)
Body
WHEREAS, the former Techneglas plant closed in 2004 and served as one of Columbus' major industrial employers for many years. The site has remained largely vacant since with approximately 48 acres and over 1 million square feet of re-developable space; and
WHEREAS, ordinance 1154-2007 passed by Columbus City Council on July 16, 2007, authorized the Director of of the Department of Development to enter into a partnership agreement with TG707, Inc. to apply for a $5,000,000.00 Ohio JRS grant for improvements at the former Techneglas site on Columbus' Southside at 707 Jenkins Avenue, for the redevelopment project known as TechCenter South; and
WHEREAS, Ordinance 0691-2008 passed by Columbus City Council on April 21, 2008, reflected the City of Columbus as the grant applicant in partnership with the TechCenter South Development Co, LLC; replacing TG707 Inc. as the appropriate legal entity with whom the City would enter into a development agreement; and
WHEREAS, The Development Agreement for the former Techneglas Facility was executed on May 18, 2008 between the City and TechCenter South Development Co., LLC; and.
WHEREAS, an "Amendment of the Development Agreement concerning the former Techneglas facility" was executed March 24, 2009 by the City and TechCenter South Development Co., LLC. This amendment stated the responsibilities of the City and TechCenter South Development Co, LLC in fulfilling the JRS Grant; and
WHEREAS, a "Second Amendment of Development Agreement concerning the former Techneglas facility" was executed on June 18, 2009 between the City and TechSouth Development Co. LLC. This amendment changed the name of the developer from TechCenter South Development Co., LLC, a Delaware limited liability company to TechSouth Development Co., LLC, a Delaware limited liability company; and.
WHEREAS, ordinance 1944-2008, passed by City Council on December 15, 2008, authorized an agreement between the Director of the Columbus Department of Development and the Ohio Department of Development to accept a $5,000,000.00 Job Ready Sites (JRS) grant for improvements at the TechCenter South site (formerly known as the Techneglas site) and to authorize any necessary agreements with the site owner, TechCenter South Development Co., LLC (an affiliate of Greystone & Co., Inc.) as the City's principle agent to facilitate site improvements under the said grant for redevelopment of the TechCenter South site; and
WHEREAS, with the JRS grant, the City, will renovate the existing space and undertake site improvements to accommodate an anticipated employment potential of over 1,500 jobs; and
WHEREAS, On March 3, 2010, The Ohio Department of Development agreed to amend the term for completing the TechSouth entrance road, by one year, to December 15, 2012; and
WHEREAS, ordinance 1146-2011 authorized the Director of Public Service to enter into a design reimbursement agreement with with TechCenter South Development Co., LLC, in the amount of $173,351.21 for the design of public infrastructure improvements in connection with the Roadway Improvements - Tech Center South project ; and
WHEREAS, since that time the decision was made to take a different course of action; and
WHEREAS, TechCenter South Development Co., LLC no longer has any employees or interests in the TechSouth area and was unable to execute a Design Agreement with EMH&T; and
WHEREAS, In light of this, it makes the most sense from a time and efficiency standpoint for the City to directly contract with EMH&T for this project; and
WHEREAS, EMH&T has already completed preliminary engineering work for the project, the project has a very quick timeline in order to fulfill requirements of State of Ohio Job Ready Site Program Grant, and is ready to move to detailed design as soon as this legislation is passed The Department of Public Service requests the competitive bidding requirements of Section 329 of the City Code be waived for this project in order for the City to contract directly with EMH&T; and
WHEREAS, it is necessary to repeal ordinance1146-2011 and authorize the City Auditor to cancel Auditor's Certificate, AC032714; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Service, Division of Design and Construction, in that it is immediately necessary to enter into this contract 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 professional service contract with Evans Mechwart Hambelton & Tilton Inc. (EMH&T), 5500 New Albany Road, New Albany, OH 43054, for design of public infrastructure improvements to be constructed in connection with the Roadway Improvements - TechCenter South project in an amount up to $145,434.17.
SECTION 2. That the repeal of ordinance 1146-2011 be authorized due to the changes in how the design of the Roadway Improvements - Tech Center South will be administered.
SECTION 3. That the City Auditor is authorized to execute an encumbrance cancellation of Auditor's Certificate, AC032714, for the purpose of funding this project.
SECTION 4. That the competitive bidding provisions of Section 329.06 the City Code be waived.
SECTION 5. That the sum of up to $145,434.17 is authorized to be expended for this contract as follows:
Fund / Dept-Div / Project / Project Name / O.L. 01-03 Codes / OCA Code / Amount
704 / 530161-100073 / Roadway Improvements - Tech Center South / 06-6682 / 530073 / $145,434.17
SECTION 6. 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 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.