Explanation
1. BACKGROUND:
A. Need. This legislation authorizes the Director of Public Utilities to enter into a construction contract with PAE & Associates, Inc., in connection with the OSIS Downtown Odor Control Facilities Project Phase 2; to authorize the appropriation, transfer, and expenditure of $5,799,200.00 from Sanitary Sewer Reserve Fund to the Water Pollution Control Loan Fund (WPCLF) and $475,200.00 from the Sanitary Sewer Build America Bond Fund (B.A.B.s) to fund this project expenditure.
This project will provide for the construction of two air quality control facilities. These facilities will be located at Short and Liberty Streets in the Columbus Brewery District and near the intersection of Neil Avenue and Vine Street. Both locations will use a biofilter system to mitigate the odorous compounds from the air with drawn from nearby sewers utilizing a blower system.
B. Procurement Information: The Division advertised for competitive bid proposals on the City of Columbus's Vendor Services website and in the City Bulletin in accordance with the provisions of Section 329.14 of Columbus City Codes. The Division of Sewerage and Drainage opened the responding bids on January 12, 2011 from the following companies:
Name C.C. No. City/State Status
PAE & Associates 31-1365501 Brookville, OH MAJ
Kenmore Construction Co., Inc. 34-0802152 Akron, OH MAJ
George J. Igel & Co., Inc. 31-4214570 Columbus, OH MAJ
These bids were reviewed and ranked utilizing the Bid Tab and Quality Factor Form evaluation process. After careful consideration, the committee recommended that PAE & Associates, Inc. be selected to provide the construction services for the OSIS Downtown Odor Control Facilities Project Phase 2.
The Engineer's construction cost estimate was: $7,400,500.00
The Award is recommended to the lowest Responsive, Responsible, and Best Bidder.
.
C. Contract Compliance No.: 31-1365501 | Expires: 07/12/2012 | MAJ
D. Emergency Designation: Emergency designation is requested.
2. FISCAL IMPACT:
The funding for this project will come from two sources: (1) from the loan appropriation from the Sewer System Reserve Fund to the Water Pollution Control Loan Fund in the amount of $5,799,200.00 for the loan eligible portion of this expenditure and (2) from the Sanitary Build America Bond (B.A.B.s) Fund in the amount of $475,200.00 for the non-eligible portion.
This ordinance authorizes the appropriation, transfer and expenditure of $5,799,200.00 from the Sewer System Reserve Fund to the Water Pollution Control Loan Fund to fund this project expenditure. This transaction is a temporary measure that is required until such time as the Department is able to execute a WPCLF loan agreement with the Ohio EPA and the Ohio Water Development Authority (OWDA), the loan award is tentatively scheduled for the February 24, 2011 OWDA board meeting; to reimburse the Sewer System Reserve Fund; to transfer within and expend $475,200.00 from the Sanitary Build America Bond (B.A.B.s) Fund.
Title
To authorize the Director of Public Utilities to enter into a construction contract with PAE & Associates, Inc., in connection with the OSIS Downtown Odor Control Facilities Project Phase 2; to authorize the appropriation, transfer, and expenditure of $5,799,200.00 from the Sewer System Reserve Fund to the Water Pollution Control Loan Fund to fund this project expenditure; to authorize the transfer within and expenditure of $475,200.00 from the Sanitary Build America Bond (B.A.B.s) Fund; and to declare an emergency. ($6,274,400.00)
Body
WHEREAS, three (3) competitive bids for construction of the OSIS Downtown Odor Control Facilities Project Phase 2, were received and opened on January 12, 2011 in the offices of the Director of Public Utilities; and
WHEREAS, the Division of Sewerage and Drainage engineering personnel have determined it necessary to enter into a construction contract with PAE & Associates, Inc., in order to provide for construction of OSIS Downtown Odor Control Facilities Project Phase 2; and
WHEREAS, the Ohio Water Development Authority (OWDA) is expected to approve a loan to the City of Columbus February 24, 2011, in the amount of $5,799,200.00 identified as OWDA Account Number CS390274-0137 to provide financing for the above listed project with eligible costs including the construction contract and contingency; and
WHEREAS, it is necessary to authorize the appropriation and expenditure of the proceeds from the aforementioned loan; and
WHEREAS, sufficient monies will be available within the Sanitary Sewer Reserve Fund 654 and transferred to the Water Pollution Control Loan Fund 666 for the construction contract and capitalized interest expenditures; and
WHEREAS, it is immediately necessary to both appropriate funds from the Sanitary Sewer Reserve Fund and authorize the transfer of said funds into the Water Pollution Loan Fund, in order to temporarily fund the construction contract expenditure, until such time as the City is able to execute a WPCLF loan agreement for the above stated purpose and reimburse the Sanitary Sewer Reserve Fund; and
WHEREAS, an emergency exists in the usual daily operations of the Division of Sewerage and Drainage, Department of Public Utilities, in that it is immediately necessary to pass this ordinance as an emergency measure because of the need to expedite the legislation to allow compliance with the EPAConsent Order deadline that will impact the OARS Project; for the preservation of the public health, peace, property, safety, and welfare; now therefore for this Council to authorize the Director of Public Utilities to enter into a construction contract with PAE & Associates, Inc., for the OSIS Downtown Odor Control Facilities Project Phase 2, at the earliest practical date for the immediate preservation of the public health, welfare, 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 enter into a contract with PAE & Associates, Inc., 6933 Brookville-Salem Pike, Brookville, Ohio 45309 for the OSIS Downtown Odor Control Facilities Project Phase 2 in accordance with the terms and conditions as shown on the contract on file in the office of the Division of Sewerage and Drainage.
Section 2. The Ohio Water Development Authority (OWDA) is tentatively scheduled to approve Loan No. CS390274-0317 for the OSIS Downtown Odor Control Facilities Project Phase 2 to the City of Columbus on February 24, 2011, to provide financing for the construction contract, and capitalized interest for this project.
Section 3. That from the unappropriated monies in the Sanitary Sewer Reserve Fund 654, and from all estimated monies to come into the said fund from any and all sources, and unappropriated for any other purpose during the fiscal year ending December 31, 2011, the sum of $5,799,200.00 is hereby appropriated to the Division of Sewerage and Drainage as follows:
Division 60-05 | Fund 654 | Obj Level 10 | Obj Level Three 5502 | OCA 901654 | Project # 650691-100002
Section 4. That the City Auditor is hereby authorized to transfer $5,799,200.00 from Fund 654 to the Ohio Water Development Authority (OWDA) Loan Fund, Fund 666, into the appropriate project accounts as specified with Section 3 herein, at such time as deemed necessary and to expend said funds, or so much thereof as may be necessary
Section 5. That the City Auditor is hereby authorized to transfer $475,200.00 within the Department of Public Utilities Division of Sewerage and Drainage, Dept/Div. No. 60-05, Sewerage and Drainage Sanitary B.A.B.s (Build America Bonds) Fund, Fund No. 668, Object Level Three 6630, as follows:
From:
Project No. | Project Name | OCA Code | Change
650351-100001 | Wastewater Treatment Facilities Const & Contingencies | 664351 | (-$475,200.00)
To:
Project No. | Project Name | OCA Code | change
650691-100002 | OSIS Downtown Odor Control Ph 2 | 651692 | (+$475,200.00)
Section 6. That the Director of Public Utilities be and hereby is authorized to expend a total of $6,274,400.00 based on the following:
Fund | Div No. | Project No. | Project Name | Amount ($) | OCA Code | Obj Level Three
666 | 60-05 | 650691-100002 | OSIS Downtown Odor Control Phase 2 | $5,799,200 | 666912 | 6630
668 | 60-05 | 650691-100002 | OSIS Downtown Odor Control Phase 2 | $475,200 | 651692 | 6630
Section 7. That said construction company, PAE & Associates, Inc., shall conduct the work to the satisfaction of the Director of Public Utilities and the Administrator of the Division of Sewerage and Drainage.
Section 8. That the City Auditor is hereby authorized and directed to transfer any unencumbered balance in the project account to the unallocated balance within the same fund upon receipt of certification by the Director of the Department administering said project that the project has been completed and the monies no longer required for said project; except that no transfer shall be made from a project account by monies from more than one source.
Section 9. That the City Auditor is authorized to establish proper project accounting numbers as appropriate.
Section 10. That the City Auditor is authorized to make any accounting changes to revise the funding source for all contracts or contract modifications associated with this Ordinance.
Section 11. That this ordinance shall take effect and be in force from and after the earliest period allowed by law 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 approvals by the Mayor or ten days after passage if the Mayor neither approves nor vetoes the same.