BACKGROUND:
This legislation authorizes the Director of Development to enter into a second modification to Contract DL010357 with Burgess and Niple, Inc. by granting a time extension, expanding the scope, and increasing the total contract amount to $530,000. This modification will extend the contract fifteen (15) months to September 30, 2007. It will authorize and fund the preparation and submission of two "No Further Action" letters, per requirements of the Ohio Environmental Protection Agency's, Voluntary Action Program and the completion of engineering documents needed to remediate the recreational portion of the Whittier Peninsula's Southern Tier.
Remediation of the Whittier Peninsula's Southern Tier is a phased project due to facility relocation timelines, site access, development schedules, and funding. Activities to date on this tier have been restricted to property owned by the City of Columbus. It is anticipated that legislation for the demolition of City Recreation and Parks facilities and remediation of the future Audubon leasehold will be submitted in the first quarter of 2007. Additional phases of legislation will be submitted as the project progresses.
FISCAL IMPACT:
The $200,000 will come from the Special Income Tax Fund. This legislation authorizes the appropriation, transfer and the expenditure of funds. This transfer from the Special Income Tax Fund is only a temporary funding measure until bonds are sold in 2006 at which time the Special Income Tax Fund will be reimbursed for this transaction.
Title
To authorize the Director of Development to enter into a second contract modification to the Whittier Site Assessment Contract with Burgess and Niple, Incorporated, by extending the term of the existing contract, expanding the scope, and increasing the total contract amount; to authorize the City Auditor to transfer $200,000 from the Special Income Tax Fund to the Northland and Other Acquisitions Fund; and to authorize the expenditure of $200,000. ($200,000)
Body
WHEREAS, the Director of Development desires to enter into a second modification to contract DL010357 Whittier Peninsula Site Assessment with Burgess and Niple, Inc. by increasing the contract amount by $200,000 and extending the contract through September 30, 2007, a fifteen (15) month extension; and
WHEREAS, the Riverfront Vision, adopted by Columbus City Council in 1998, establishes land use and development goals and objectives for the Whittier Peninsula and that these goals and objectives identify a combination of parkland and a new, mixed-use neighborhood development as appropriate redevelopment; and
WHEREAS, in May 2003 the city of Columbus, Columbus and Franklin County Metro Parks, and Audubon Ohio entered into a Memorandum of Understanding (MOU) to develop the Whittier Peninsula in accordance with goals and objectives of the Riverfront Vision, including the development of an Audubon nature education center; and
WHEREAS, per the 2003 MOU, the city of Columbus assumed the responsibility of obtaining a Covenant Not to Sue (CNS) from the Ohio Environmental Agency's (OEPA) Voluntary Action Program (VAP) for the Whittier parkland; and
WHEREAS, under a 2004 contract with Metro Parks, Burgess and Niple, Inc. completed the environmental assessment and planning work necessary to submit a No Further Action letter to the Ohio EPA for the Northern Tier parklands; and
WHEREAS, under the terms of this contract and the first modification, Burgess and Niple, Inc has completed a VAP Phase I analysis and has substantially gathered soil and water samples and analyzed data for the city-owned Southern Tier of the Whittier Peninsula, per the VAP Phase II Property Assessment; and
WHEREAS, the proposed second modification scope will build off of previous environmental work and complete the Phase II Property Assessment, writing No Further Action letters and prepare bid documentation and oversight for remediation the recreational side of the Whittier Southern Tier ; and
WHEREAS, it is necessary to appropriate and transfer $200,000 from the Special Income Tax Fund to a fund to be determined by the City Auditor and to expend the same; and
WHEREAS, the City will sell notes or bonds to fund this project and will reimburse the Special Income Tax Fund, and this transfer should be considered as a temporary funding method; and
WHEREAS, the aggregate principal amount of obligations which the City will issue to finance this project is presently expected not to exceed $200,000; NOW THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the Director of Development is hereby authorized to modify for the second time, Contract No. DL0100357 Whittier Peninsula Site Assessment Contract with Burgess and Niple, Inc. by increasing the contract amount by $200,000 to a total of $530,000 and extending the contract for fifteen (15) months, through September 30, 2007.
Section 2. That for the purpose stated in Section 1, the sum of $200,000 is hereby appropriated from the unappropriated balance of the Special Income Tax Fund No. 430, and from all monies estimated to come into said fund from any and all sources and unappropriated for any other purchase during the fiscal year ending December 31, 2006, to the City Auditor, Dept./Div. No. 22-01, Object Level One 10, OCA 902023, Object Level Three 5502.
Section 3. That the City Auditor is hereby authorized to transfer said funds to Fund 735, Miscellaneous Development and Acquisition, Project No. 440019, at such time as is deemed necessary by the City Auditor, and to expend $200,000 or so much thereof as may be necessary.
Section 4. That the expenditure of $200,000 from the Development Department, Division No. 44-01, Fund 735 Northland and Other Acquisitions, Project No. 440019 Whittier Peninsula, OCA Code 735019, Object Level Three 6680 be hereby appropriated and authorized.
Section 5. That upon obtaining other funds for this project, the City Auditor is hereby authorized to repay the Special Income Tax Fund the amount transferred under Section 3 above, and said funds are hereby deemed appropriated for such purpose.
Section 6. That the City Auditor is authorized to make any accounting changes to revise the funding source for any contract or contract modification associated with the expenditure of the funds transferred in Section 3 above.
Section 7. That the City intends that this ordinance constitute an "official intent" for purposes of Section 1.150-2(e) of the Treasury Regulations promulgated pursuant to the Internal Revenue Code of 1986, as amended.
Section 8. That the funds necessary to carry out the purpose of this Ordinance are hereby deemed appropriated.
Section 9. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.