Explanation
1. BACKGROUND:
This legislation authorizes the Director of Public Utilities to modify the professional engineering services agreement with Malcolm Pirnie, Inc. for overall engineering coordination services in connection with the Wastewater Treatment Facilities Upgrade General Program, for the Division of Sewerage and Drainage.
The contract provides engineering and technical assistance with planning, designing, constructing, and operating facilities under the Division's capital improvements program. This contract was initiated in year 2003 to provide services for a 6 year period, and is being funded incrementally by annual modification.
2. PROFESSIONAL ENGINEERING SERVICES CONTRACT MODIFICATION:
The proposed modification will provide funding for services estimated to be needed through July, 2006. The majority of the funding provided by this contract modification is for performance of engineering and technical services related to accomplishing compliance with the August 1, 2002 Consent Order between the City and the State of Ohio. Funding is also provided for assistance with development of project engineering designs, development of a training program for plant operations and maintenance personnel, and updating of treatment plant site plans and facility record drawings. The Division of Sewerage and Drainage has determined that these services cannot be performed by City personnel at this time, and has planned for the procurement of these services on a routine basis. The annual funding by contract modification was planned and was explained in the original contract's legislation.
3. FISCAL IMPACT:
This expenditure will be funded from proceeds of the 2005 bond sale that will deposit $7,643,000.00 within the appropriate project account. The Division has received funding in the amount of $1,600,000.00 within the 2005 Capital Improvements Budget. However, this figure was submitted in July of 2004, and the Division did not complete its Wet Weather Management Plan until July of 2005. The additional services that have been included to the contract scope are elaborated further within the Legistar Attachment.
4. EMERGENCY DESIGNATION:
The Division of Sewerage and Drainage is requesting Council to consider this legislation an emergency measure in order to allow for the continuation of work that is necessary for the Division to assist in the implementation of the projects contained within the Wet Weather Management Plan that is required as a result of the conditions set forth in the consent agreement between the State of Ohio and the City of Columbus.
Title
To authorize the Director of Public Utilities to modify the professional engineering services agreement with Malcolm Pirnie, Inc. for the Wastewater Treatment Facilities Upgrade General Program - Overall Engineering Consultant (OEC) Services; to authorize the expenditure of $4,160,000.00 from the Voted Sanitary Sewer Bond Fund; to amend the 2005 Capital Improvements Budget; for the Division of Sewerage and Drainage, and to declare an emergency. ($4,160,000.00)
Body
WHEREAS, Contract No EL003691 was authorized by Ordinance No. 1653-2003, passed July 7, 2003, for the purposes of providing professional engineering services for the Wastewater Treatment Facilities Upgrade General Program - Overall Engineering Consultant (OEC) Services for the Division of Sewerage and Drainage, Department of Public Utilities; and
WHEREAS, the Division of Sewerage and Drainage engineering personnel have determined that it is necessary to modify the subject contract in order to provide necessary additional engineering services required for the Wastewater Treatment Facilities Upgrade General Program; and
WHEREAS, an emergency exists in the usual daily operation of the Division of Sewerage and Drainage, Department of Public Utilities, in that it is immediately necessary to authorize the Director of Public Utilities to modify the aforementioned professional engineering services agreement with Malcolm Pirnie, Inc., for purposes of providing the specialized and technical services that are required for the City of Columbus to adequately meet the terms and conditions of the consent order entered into between the City of Columbus and the Ohio Attorney General's Office in order to resolve allegations that the City has operated its wastewater treatment plants and collection system in such a manner as to result in violation of the National Pollutant Discharge Elimination System (NPDES) permits issued by the State of Ohio, for the immediate preservation of the public health, peace, property and safety; now therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the Director of Public Utilities be, and hereby is authorized to modify the contract with Malcolm Pirnie, Inc., 1900 Polaris Parkway, Suite 200 Columbus, Ohio 43240 for Wastewater Treatment Facilities Upgrade, General Program - Overall Engineering Consultant(OEC) Services, in accordance with the terms and conditions as shown in the modification on file in the office of the Division of Sewerage and Drainage.
Section 2. That the expenditure of $4,160,000.00, or as much thereof as may be needed, be and the same hereby is authorized from the Voted Sanitary Bond Fund No. 664| Div.: 60-05| WWTF Upgrade-General Program Project| Project No. 650360| OCA Code 650360| Object Level Three 6678, to pay the cost of this contract modification.
Section 3. That the 2005 Capital Improvements Budget Ordinance No. 1070-2005 is hereby amended as follows, in order to provide sufficient budget authority for the execution of a professional engineering service contract modification as referenced in the preamble hereto:
CURRENT:
650360| WWTF General Program - $1,600,000.00 (Voted Bond Fund)
TO:
650360| WWTF General Program - $4,160,000.00 (Voted Bond Fund)
Section 4. 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.