Explanation
Background: The purpose of this legislation is to authorize the Director of Development to enter into a Guaranteed Maximum Price Reimbursement Agreement with Gowdy Partners III, LLC under Section 186 of the Columbus City Charter for pre-remediation brownfield clean up activities at the Gowdy North project site. This past year, Gowdy Partners III, LLC was awarded $3,000,000 for a Round 6 Clean Ohio Revitalization Fund Grant for the cleanup and redevelopment of the four to seven acre +/- portion of the former Gowdy Field landfill. Terms of the Clean Ohio Revitalization Fund grant application included a $500,000 contribution by the City of Columbus to be used for pre-remediation activities. The Department of Development is interested in the cleanup and redevelopment of the Gowdy North site to serve as additional offices and other facilities for the Ohio State University Medical Center.
Fiscal Impact: $500,000 is available as cash in the 2009 Capital Improvements Budget in the Economic & Community Development Project under Northland and Other Acquisitions Fund 735.
Emergency Justification: This portion of the environmental remediation must be complete to satisfy the conditions of receiving the $3 million Clean Ohio Revitalization Fund Grant. Full remediation must start immediately in order to adhere to the construction schedule for the Ohio State University Medical Center.
Title
To authorize the Director of the Department of Development to enter into a Guaranteed Maximum Price Reimbursement Agreement with Gowdy Partners III, LLC for pre-remediation brownfield clean up activities at the Gowdy North project site; to authorize the appropriation and expenditure of $500,000 from the Northland and Other Acquisitions Fund; to waive the competitive bidding provisions of the Columbus City Codes; to allow for the substitution of an irrevocable letter of credit in place of a performance bond; and to declare an emergency. ($500,000)
Body
WHEREAS, the City of Columbus currently owns the property commonly known as Gowdy North and has granted Gowdy Partners III, LLC an option to purchase the property for development; and
WHEREAS, a $3 million Clean Ohio Revitalization Fund grant was awarded to Gowdy Partners III, LLC for brownfield remediation of the site; and
WHEREAS, a condition of the grant application included a $500,000 contribution by the City for pre-remediation activities; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Development, in that it is immediately necessary to enter into a Guaranteed Maximum Price Reimbursement Agreement with Gowdy Partners III, LLC and to appropriate and expend said funds in order to satisfy the conditions of receiving the $3 million Clean Ohio Revitalization Fund Grant and to adhere to the construction schedule for the Ohio State University Medical Center, 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 Director of the Department of Development is hereby authorized to enter into a Guaranteed Maximum Price Reimbursement Agreement with Gowdy Partners III, LLC under Section 186 of the Columbus City Charter for $500,000 to conduct preliminary remediation activities in order to satisfy the terms of the $3 million grant for the Gowdy North site.
Section 2. That the contract for the remediation work shall contain provisions, which in the opinion of the Director of Development, provide adequate environmental insurance protection to the City and reasonable assurances, guarantees or other surety arrangements providing for the completion of the remediation work necessary to obtain a No Further Action Letter fro the Director of the Ohio Environmental Protection Agency.
Section 3. That for the purpose stated in Section 1, the expenditure of up to $500,000 from the Development Department, Division No. 44-01, Fund No. 735 Northland and Other Acquisitions, Project No. 590415 Economic and Community Development, OCA Code 440735, Object Level Three 6680 is hereby appropriated and authorized.
Section 4. 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 funds.
Section 5. That the competitive bidding provisions of Chapter 329 of the City Code be and hereby are waived.
Section 6. That Section 329.21 of the Columbus City Code is hereby waived in order to permit Gowdy Partners III, LLC to substitute in place of a performance bond an irrevocable letter of credit from a solvent banking institution in a form and amount satisfactory to the City.
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.