Explanation
BACKGROUND: This legislation authorizes the Director of the Department of Development to modify Contract DL010357 with Burgess and Niple, Inc. by granting a time extension to the Whittier Peninsula Site Assessment contract, expanding the scope, and increasing the total contract amount from $85,000 to $330,000. The original contract is scheduled to expire on August 31, 2005. The modification will extend the contract through June 30, 2006, an extension of 10 months. The extension will utilize information obtained under the current contract to begin a supplemental Voluntary Action Program (VAP) Phase II property assessment of the Whittier Peninsula's Southern Tier. Additional testing, analysis and updates are necessary to meet current VAP Phase I and II property assessment criteria/standards.
This legislation is presented as an emergency so that the necessary supplemental VAP Phase II work can meet other project deadlines, including the September 2005 national call for a master developer.
FISCAL IMPACT: This legislation authorizes the transfer of $130,708.66 from Fund 742 Development Limited Bond Fund and the expenditure of $245,000 from the Engineering and Construction Fund ($114,291.34) and the Development Limited Bond Fund ($130,708.66).
Title
To authorize the transfer of $130,708.66 within the Development Limited Bond Fund; to authorize the Director of Development to modify 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 expenditure of $114,291.34 from the Engineering and Construction Fund; to authorize the expenditure of $130,708.66 from the Development Limited Bond Fund; and to declare an emergency. ($245,000)
Body
WHEREAS, the Director of the Department of Development desires to modify contract DL010357 Whittier Peninsula Site Assessment with Burgess and Niple Inc. by increasing the contract amount by $245,000 and extending the contract through June 30, 2006, a 10 month extension; 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 MOU, the city of Columbus assumed responsibility for the environmental condition of the Whittier Property, including obtaining a covenant not to sue from the Ohio EPA, and
WHEREAS, the supplemental VAP Phase II property assessment work covered in this contract is a required part of the remediation process to obtain a covenant not to sue letter, from the Ohio EPA, and
WHEREAS, under contract with Metro Parks, Burgess and Niple Inc. is currently completing similar environmental assessment work on the Northern Tier of the Whittier Peninsula, and
WHEREAS, the results of the supplemental Phase II assessment are needed to supplement the September 2005 Request for Qualifications material that is part of a national search for a master developer for the Whittier Peninsula; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Development, in that it is immediately necessary to transfer and authorize the expenditure of said funds and to modify Contract No. DL010357 with Burgess and Niple, Inc. and to extend the time of the contract by 10 months as related to required environmental property assessments for the Whittier Peninsula, all for the preservation of 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 is hereby authorized and directed to transfer $130,708.66 within Fund 742 Development Limited Bond Fund as follows:
FROM:
Project OCA Code Amount
440004 Urban Infrastructure Recovery 440004 $119,201.11
440104 Misc Economic Development 440104 $ 11,507.55
Total $130,708.66
TO:
Project OCA Code Amount
440019 Whittier Peninsula 742019 $130,708.66
Section 2. That the Director of the Department of Development is hereby authorized to modify Contract No DL010357 Whittier Peninsula Site Assessment Contract with Burgess and Niple, Inc. by expanding the scope, increasing the total contract amount by $245,000 and extending the contract by 10 months, through June 30, 2006.
Section 3. That for the purpose stated in Section 2, the expenditure of $114,291.34 from the Department of Public Service, Division No. 59-09, Fund No. 723 Engineering and Construction Fund, Project No. 540002 Bikeway Development, Object Level One 06, Object Level Three 6682, OCA Code 540002 is hereby authorized.
Section 4. That for the purpose stated in Section 2, the expenditure of $130,708.66 from the Department of Development, Division No. 44-01, Fund No. 742 Development Limited Bond Fund, is hereby authorized as follows:
Project OCA Code Amount
440019 Whittier Peninsula 742019 $130,708.66
Section 5. That funds necessary to carry out the purpose of this Ordinance are hereby deemed appropriated.
Section 6. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, 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.