Explanation
Background: This ordinance authorizes the Public Service Director to increase a design contract in the amount of $74,021.16 for the Transportation Division with Ralph and Curl Engineers. Seventeen (17) arches were installed over North High Street as part of the Short North Arch project. This project was funded by a combination of city money and funding from private sources. The private funds were deposited into the Short North Special Improvement District Fund. Construction was authorized by Ordinance 0144-2001 passed by City Council on January 29, 2001.
Arch installation was completed by December 2002. The fiber optic system lighting system has not operated properly and/or consistently since its initial two-week burn-in period. After working with the original designer to make the original system operational the City engaged the services of another designer, Ralph and Curl Engineers, to either validate the original design or prepare a new design that would assure the required long term operational status of the lighting system. A $87,260.00 contract with Ralph and Curl was authorized by Ordinance 0118-2004 passed by City Council on February 2, 2004.
A new design was determined to be necessary. Included in Ralph and Curl's scope of services was field-testing the new design prior to beginning re-construction. Their contract included $18,000.00 for field-testing; this allowed for testing one system on one arch. After some consideration the City has decided to test four lighting alternatives including (1) installing new illuminators and reusing the existing fiber optic cable; (2) installing new illuminators and new fiber optic cable; (3) using light-emitting diode (LED) lighting and (4) using incandescent light bulbs. A fifth option (using a LED light bulb in conjunction with incandescent light bulbs) would not alter the cost of the testing. Ralph and Curl, working with the original contractor The Righter Company and their sub-consultant Wagner Smith, determined a price for testing four systems on two arches to cost $92,021.16, an increase of $74,021.16 over the $18,000.00 that is included in the current contract. This legislation modifies and increases Ralph and Curl's contract by $74,021.16.
Ralph and Curl Engineer's contract compliance number is 31-1067613 and expires January 22, 2007.
Funding for this modification is available within the Development Limited Bond Fund. This ordinance transfers these monies to the Short North Special Improvement District Fund where it is appropriated and authorized for expenditure. The City is involved in litigation with the original design firm and recovery of this modification amount will be pursued.
Emergency action is requested to allow field testing to proceed in order to restore the lighting system to operational status in the shortest possible timeframe.
Title
To authorize the transfer of $74,021.16 between projects within the Development Limited Bond Fund; to authorize the transfer of $74,021.16 from the Development Limited Bond Fund to the Short North Special Improvement District Fund; to appropriate $74,021.16 within the Short North Special Improvement District Fund; to authorize the Public Service Director to modify and increase the existing contract with Ralph and Curl Engineers for the redesign of the Short North Arch project to include additional field testing for the Transportation Division; to authorize the expenditure of $74,021.16 from the Short North Special Improvement District Fund, and to declare an emergency. ($74,021.16)
Body
WHEREAS, seventeen (17) arches were installed over North High Street as the essence of the Short North Arch project; and
WHEREAS, subsequent to installation of the arches, the fiber optic system lighting system failed to function properly; and
WHEREAS, the City has engaged Ralph and Curl Engineers to either validate the original design or prepare a new design that will achieve the long term operational status of the lighting system; and
WHEREAS, a new design was determined to be necessary; and
WHEREAS, the City is involved in litigation with the original design firm and recovery of the amount spent for this redesign/testing is being pursued and is anticipated; and
WHEREAS, a transfer of monies between Funds and its subsequent appropriation within the Short North Special Improvement District Fund is required; and
WHEREAS, an emergency exists in the usual daily operation of the Transportation Division, Public Service Department, in that it is immediately necessary to modify and increase an existing contract with Ralph and Curl Engineers to redesign the Short North Arch project and field-test four (4) alternatives in order to restore the lighting system to operational status in the shortest possible timeframe, 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 City Auditor be and hereby is authorized to transfer $74,021.16 between projects within Fund 742, the Development Limited Bond Fund, Department No. 44-01, Development Department, as follows:
TRANSFER FROM:
Fund / Project # / Project / O.L. 01/O.L. 03 Codes / OCA Code / Amount
742 / 440015 / Main Street Neighborhood Commercial Revitalization / 06/6600 / 643106 / $18,210.78
742 / 440085 / North Market Neighborhood Commercial Revitalization / 06/6600/ 643106 / $55,810.38
Total transfer from: $74,021.16
TRANSFER TO:
Fund / Project # / Project / O.L. 01/O.L. 03 Codes / OCA Code / Amount
742 / 440015 / Main Street Neighborhood Commercial Revitalization / 10/5501 / 643106 / $18,210.78
742 / 440085 / North Market Neighborhood Commercial Revitalization / 10/5501/ 643106 / $55,810.38
Total transfer to: $74,021.16
SECTION 2. That monies be transferred between Funds as follows:
TRANSFER FROM:
Fund / Project # / Project / O.L. 01/O.L. 03 Codes / OCA Code / Amount
742 / 440015 / Main Street Neighborhood Commercial Revitalization / 10/5501 / 643106 / $18,210.78
742 / 440085 / North Market Neighborhood Commercial Revitalization / 10/5501/ 643106 / $55,810.38
Total transfer from: $74,021.16
TRANSFER TO:
Fund / Project# / Project / O.L. 01/O.L. 03 Codes / OCA Code/ Amount
716 / 471841 / Short North Arches / 80/0886 / 471841 / $74,021.16
Total transfer to: $74,021.16
SECTION 3. That the sum of $74,021.16 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, 2004, to Department No. 44-07, Development Department, Object Level One Code 06, Object Level Three Code 6682, OCA Code 471841 and Project 471841.
SECTION 4. That the monies appropriated within the foregoing Section 3 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 5. That the Public Service Director be and hereby is authorized to modify and increase the existing contract with Ralph and Curl Engineers, 3720 East Fifth Avenue, Columbus, Ohio 43219-1807 by $74,021.16 for the redesign of the Short North Arch project to include additional field testing for the Transportation Division to assure the long term operational status of the arch lighting system.
SECTION 6. That to pay the cost of the aforementioned contract modification, the expenditure of $74,021.16 or so much thereof as may be necessary be and hereby is authorized from Fund 716, the Short North Special Improvement District Fund, Department No. 44-07, Development Department, Object Level One Code 06, Object Level Three Code 6682, OCA Code 471841 and Project 471841.
SECTION 7. That for 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.