Explanation
1. BACKGROUND
This ordinance seeks authorization for the Director of the Department of Public Service to enter into a Design Guaranteed Maximum Reimbursement Agreement with Townsend Construction for up to $27,074.58 for design of the Signal Installations-Hamilton Road at Warner Road project.
The City of Columbus created the Albany Crossing Incentive District (the "Albany Crossing TIF") and nine other Tax Increment Financing (TIF) Districts in the Northeast Columbus Area (hereafter, the "NORTHEAST TIFs") on December 14, 2005, pursuant to Ordinance No. 2117-2005.
The Albany Crossing TIF is one of the five NORTHEAST TIFS that are generally located to the east of the intersection of Lee Road and Central College Road that encompass the properties that compose the land area in the Northeast Memorandum of Understanding (the "Northeast MOU") signed on February 23, 2006, under the authorization of Ordinance No. 2153-2005 passed by Council on December 12, 2005; and the subsequent First Amendment to the NORTHEAST MOU signed on August 16, 2010, under the authorization of Ordinance No. 0942-2010 passed by Council on June 28, 2010.
On November 20, 2009, the Director of Public Service issued a letter to Townsend Construction agreeing to enter into a reimbursement agreement for a proposed traffic signal at the intersection of Hamilton Road and Warner Road upon meeting the necessary signal warrants.
An Administrative Revision to the Northeast MOU executed on May 5, 2011, added a traffic signal at the intersection of Hamilton Road and Warner Road, hereafter known as Signal Installations - Hamilton Road at Warner Road, as one of the public improvement projects included in the NORTHEAST MOU.
On December 28, 2010, Cardinal Title Holding Company, a company holding title to property for the benefit of Townsend Construction, entered into a professional services agreement with E.P. Ferris and Associates to design the Signal Installations - Hamilton Road at Warner Road project. During the process of seeking reimbursement from the City for project design costs, Cardinal Title Holding Company has been unable to enter into an agreement with the City because it does not meet insurance requirements. On September 17, 2013, Cardinal Title Holding Company assigned its professional services agreement with E.P. Ferris to Townsend Construction. Townsend Construction has paid all project design costs to E.P. Ferris for the design of the Signal Installations - Hamilton Road at Warner Road project and will be seeking reimbursement from the City.
The scope of public improvements for the Signal Installations - Hamilton Road at Warner Road project includes, but is not limited to, the installation of a traffic signal at the intersection of Hamilton Road and Warner Road.
2. CONTRACT COMPLIANCE INFORMATION
The contract compliance number for Townsend Construction is 311126903. The expiration date is 9/9/15.
3. FISCAL IMPACTS
The Department of Development will contribute up to $27,074.58 for this design guaranteed maximum reimbursement agreement. This expense is budgeted within the Albany Crossing TIF Fund 441.
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 design guaranteed maximum reimbursement agreement, which is necessary to reimburse Townsend Construction for the design of these improvements in a timely manner and meet community commitments; thereby immediately preserving the public health, peace, property, safety and welfare; now, therefore:
Title
To authorize the City Auditor to appropriate $27,074.58 from the unappropriated balance of the Albany Crossing TIF Fund; to authorize the Director of Public Service to enter into a design guaranteed maximum reimbursement agreement with Townsend Construction for up to $27,074.58 to design a signal installation at the intersection of Hamilton Road and Warner Road; to authorize the expenditure of $27,074.58 from Fund 441 Albany Crossing TIF Fund; and to declare an emergency. ($27,074.58)
Body
WHEREAS, the City of Columbus and Townsend Construction are engaged in a Public-Private Partnership (3P) project to design a signal installation at the intersection of Hamilton Road and Warner Road; and
WHEREAS, the signal installation at the intersection of Hamilton Road and Warner Road is a public improvement project identified in the Northeast MOU, per an Administrative Revision executed on May 5, 2011; and
WHEREAS, public infrastructure improvements for Signal Installations - Hamilton Road at Warner Road, include, but are not limited to the installation of a traffic signal at the intersection of Hamilton Road and Warner Road; and
WHEREAS, the Department of Public Service has identified the need to enter into a design guaranteed maximum reimbursement agreement with Townsend Construction for the Signal Installations - Hamilton Road at Warner Road project; and
WHEREAS, this ordinance authorizes the Director of the Department of Public Service to enter into a design guaranteed maximum reimbursement agreement with Townsend Construction, in an amount up to $27,074.58, for the design of public infrastructure improvements in connection with the Signal Installations - Hamilton Road at Warner Road 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 reimburse Townsend Construction in a timely manner 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. The sum of $27,074.58 be and is hereby appropriated from the unappropriated balance of the Albany Crossing TIF Fund, Fund 441, 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, 2013, as follows:
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / Amount
441 / 441100-100000 / Albany Crossing / 06-6600 / 441100 / $27,074.58
SECTION 2. That the Director of the Department of Public Service be and hereby is authorized to enter into a design guaranteed maximum reimbursement agreement with Townsend Construction, 250 East Broad Street, 11th Floor, Columbus, Oh 43215, pursuant to Section 186 of the Columbus City Charter for the design of public infrastructure improvements to be constructed in connection with the Signal Installations - Hamilton Road at Warner Road project.
SECTION 3. That the sum of up to $27,074.58 is authorized to be expended for this design guaranteed maximum reimbursement agreement from TIF Fund No. 441 Albany Crossing.
SECTION 4. That for the purpose stated in Section 2, the expenditure of up to $27,074.58 from the Development Department, Division 44-01, Fund No.441 Project No. 441100-100000 Albany Crossing TIF, OCA Code 441100, Object Level 06 6622 is hereby authorized.
SECTION 5. 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 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 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 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.