Explanation
BACKGROUND:
This legislation authorizes the Director of Development to enter into a third (3) modification to Contract DL010357 with Burgess and Niple, Inc. by granting a time extension. This modification will extend the contract 18 months to March 30, 2009 or some later date as determined by the Director of Development as necessary to complete contract services. This modification will allow Burgess and Niple, Inc. sufficient time to complete the tasks outlined in the contract, which include the completion of two No Further Action (NFA) letters under the Ohio Environmental Protection Agency's (OEPA'S) Voluntary Action Program (VAP) for the future Audubon and Metro Park sites on the southern tier of the Whittier Peninsula. The current scope also includes preparing the design/bid documentation and oversight for remediation of the Audubon and Parkland portions of the Whittier Peninsula's southern tier.
Contract delays were beyond the control of Burgess and Niple and are the result of additional time required by Audubon Ohio to complete a site plan for the future nature center and environs, as well as additional time needed to relocate impoundment functions off of the Peninsula.
FISCAL IMPACT:
None. Funds already authorized and encumbered in contract modification two (2) with $200,000 appropriated from the 2006 CIB.
Title
To authorize the Director of Development to enter into a third contract modification to the Whittier Site Assessment Contract with Burgess and Niple, Incorporated by extending the term of the existing contract; and to declare an emergency.
Body
WHEREAS, the Director of Development desires to enter into a third (3) modification to Contract DL010357 with Burgess and Niple, Inc. by granting a time extension; and
WHEREAS, contract delays were beyond the control of Burgess and Niple, Inc; and
WHEREAS, Burgess and Niple, Inc. is in the process of completing the NFA letter for the Audubon site (City Recreation and Parks facilities) under the Ohio EPA's Voluntary Action Program and design/bid documentation and oversight for remediation of the Audubon portion of the Whittier Peninsula, such that a Covenant Not to Sue can be obtained from the Ohio EPA and demolition and remediation of the site can begin in the first quarter of 2008; and
WHEREAS, both parties desire to amend the Contract; and
WHEREAS, these modifications will amend the contract in accordance with Section VII, CHANGES; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Development, in that it is immediately necessary to extend the time of the contract from September 30, 2007 to March 30, 2009, an extension of 18 months or some later date as determined by the Director of Development as necessary to complete contracted services, thereby preserving the public health, peace, property, safety, and welfare, and; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the Director of the Department of Development is hereby authorized to modify for a third (3) time, Contract DL010357 Whittier Site Assessment Contract with Burgess and Niple, Inc. by extending the time of the contract from September 30, 2007 to March 30, 2009, an extension of 18 months or some later date as determined by the Director of Development as necessary to complete contracted services.
Section 2. That for reasons stated in the preamble hereto, which is hereby made a part thereof, this Ordinance is 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 or vetoes the same.