Explanation
1. BACKGROUND:
This legislation authorizes the Director of Public Utilities to execute a planned contract modification to the Sewer System Engineering Section's Construction Administration and Construction Inspection Services Agreement with DLZ Ohio, Inc. This contract was originally procured to provide construction administration and construction inspection services for the sanitary and water system projects during the fiscal years of 2008-2010. The funds approved within this legislation will provide for payment of additional services that are needed to conclude ongoing construction projects.
This modification (Mod #4) will increase the contract by an additional $917,800.00 for construction administration - construction inspection services that need additional funding. This project typically involves the replacement and or rehabilitation of sanitary and combined sewer, as well as, water infrastructure. The projects involved in this specific modification are for one sanitary project: (1) Livingston/Parsons Sewer Rehabilitation project, and two water projects: (2) Main Street Water Line Cleaning and Lining Project, and (3) Brown Road Area Water Line Improvements Project.
1.1. Amount of additional funds to be expended: $917,800.00
Original Contract Amount: $ 925,000.00
Modification 1 $ 257,019.84
Modification 2 $ 405,000.00
Modification 3 $ 26,869.35
Modification 4 (current) $ 917,800.00
Total (Orig. + Mods 1 - 4) $2,531,689.19
1.2. Reasons additional goods/services could not be foreseen:
The modification was anticipated and explained in the original legislation. This is a continuation of the anticipated process.
1.3. Reason other procurement processes are not used:
The original contract selected three firms to provide construction administration services for projects in 2008, 2009, and 2010.
1.4. How cost of modification was determined:
A cost proposal was provided by DLZ Ohio, Inc. and reviewed by the Division of Sewerage and Drainage and the Division of Power and Water and was deemed acceptable.
2. MULTI-YEAR CONTRACT:
This ordinance will authorize the expenditure of $65,000.00 for the Livingston/Parsons Sewer Rehabilitation Project, $500,000.00 for the Main Street Water Line Cleaning, and $352,800.00 for the Brown Road Area Water Line Improvements Project. The Department anticipates requesting additional appropriations to this contract for 2010 fiscal year, through planned contract modifications duly authorized by City Council. Under the terms of this contract, the City has the right to contract for additional services to fulfill emergency capital improvements related needs subject to the approval of a contract modification by City Council. The rates schedules established within this contract will remain in force throughout the life of the contract.
3. FISCAL IMPACT:
The funding for this modification will come from the Sanitary B.A.B.s (Build America Bonds) Fund. This ordinance authorizes the Director of Public Utilities to expend $65,000.00 in funds from the Sanitary B.A.B.s (Build America Bonds) Fund.
Water funding for this modification will come from the Ohio Water Development Authority (OWDA) Fund. Loan No. 5322 was approved for the Main Street Water Line Cleaning on October 29, 2009 and Loan No. 5444 was approved for the Brown Road Area Water Line Improvements Project on December 10, 2009. An amendment to the 2009 Capital Improvement Budget is also necessary.
4. CONTRACT COMPLIANCE INFO: 31-1268980 | MBR | Expiration Date: 3/10/11
5. EMERGENCY DESIGNATION:
The Department of Public Utilities is requesting that this ordinance be made an emergency measure in order to expedite the establishment of the contract services that are necessary to ensure that the sanitary system is being rehabilitated and/or replaced to ensure continued operation of these vital infrastructures.
Title
To authorize the Director of Public Utilities to execute a planned contract modification of the construction administration - construction inspection services agreement with DLZ Ohio, Inc.; for the Livingston/Parsons Sewer Rehabilitation Project Project, the Main Street Water Line Cleaning Project, and the Brown Road Area Water Line Improvements Project; to authorize the expenditure of $65,000.00 from within the Sanitary B.A.B.s (Build America Bonds) Fund, for the Division of Sewerage and Drainage; to authorize the appropriation and expenditure of $852,800.00 from the Ohio Water Development Authority (OWDA) Fund, for the Division of Power and Water, to amend the 2009 Capital Improvements Budget; and to declare an emergency. ($917,800.00)
Body
WHEREAS, it is necessary to modify the construction administration and construction inspection services contract with DLZ Ohio, Inc., for one sanitary project: (1) Livingston/Parsons Sewer Rehabilitation project, and two water projects: (2) Main Street Water Line Cleaning and Lining Project, and (3) Brown Road Area Water Line Improvements Project; to provide additional monies to cover the cost of needed additions to the contract work in accordance with the Department's design requirements in an effort to ensure the continued operation of its sanitary and water infrastructures; and
WHEREAS, the original contract number EL008289 for $925,000.00, was authorized by Ordinance 0845-2008, passed June 9, 2008, was executed on June 30, 2008, and signed by the City Attorney on July 2, 2008; and
WHEREAS, modification #1 (Beulah Road Trunk Sewer Rehabilitation) to the original contract number EL009167 for $257,019.84 was authorized by Ordinance No. 0093-2009, passed February 9, 2009, was executed March 26, 2009, and signed by the City Attorney on March 27, 2009; and
WHEREAS, modification #2 {(1) General Construction Contract and (2) the 2009 Annual Lining Contract)} to the original contract number EL009541 for $405,000.00 was passed by City Council via Ordinance No. 0558-2009, passed June 1, 2009, was executed July 29, 2009, and signed by the City Attorney on July 29, 2009; and
WHEREAS, modification #3 (Stanton Area Sanitary Improvements) to the original contract number EL009759 for $26,869.35 was passed by City Council via Ordinance No. 0976-2009, passed September 21, 2009, was executed October 27, 2009, and signed by the City Attorney on October 28, 2009; and
WHEREAS, it is necessary to authorize the expenditure of funds from the Sanitary B.A.B.s (Build America Bonds) Fund and the Ohio Water Development Authority (OWDA) Fund for purposes of providing sufficient funding for the project expenditure; and
WHEREAS, Ohio Water Development Authority (OWDA) Fund has a loan for the City of Columbus's Main Street Water Line Cleaning and Lining Project and was approved on October 29, 2009, in the amount of $500,000.00; identified as OWDA Loan No. 5322 for the above listed project; and
WHEREAS, Ohio Water Development Authority (OWDA) Fund has a loan for the City of Columbus's Brown Road Area Water Line Improvements Project and was approved on December 10, 2009, in the amount of $352,800.00; identified as OWDA Loan No. 5444 for the above listed project; and
WHEREAS, it is necessary to appropriate the proceeds from the aforementioned loans, to authorize the expenditure of funds required to award the subject contracts, and to provide the requisite budget authority for said awards; and
WHEREAS, it is necessary to authorize the amendment of the 2009 Capital Improvements Budget for the purposes of creating and providing sufficient budget authority for the aforementioned expenditures; and
WHEREAS, an emergency exists in the Department of Public Utilities, Divisions of Sewerage and Drainage and Power and Water, in that it is immediately necessary to authorize the Director of Public Utilities to modify and increase the construction administration and construction inspection services contract with DLZ Ohio, Inc., for the Livingston/Parsons Sewer Rehabilitation Project, the Main Street Water Line Cleaning Project, and the Brown Road Area Water Line Improvements Project; to ensure the continued operation of vital sanitary and water infrastructures for the City; and to authorize the appropriation and expenditure of funds from the Ohio Water Development Authority (OWDA) Fund, for the immediate 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 Director of Public Utilities be and hereby is authorized to modify and increase the professional engineering services agreement with DLZ Ohio, Inc., 6121 Huntley Rd., Columbus, Ohio 43229, that will continue to provide construction administration and construction inspection services for sewer and water improvement projects in accordance with the terms and conditions of the contract on file in the offices of the Division of Sewerage and Drainage's Sewer System Engineering Section and the Division of Power and Water's Distribution Design Engineering Section.
Section 2. That the City Auditor is hereby authorized to expend $65,000.00 from the Sanitary B.A.B.s (Build America Bonds) Fund (668) for the purpose of paying the cost of the construction administration and construction inspection services contract modification, or as much thereof as may be needed for the Division of Sewerage and Drainage: Division 60-05 | Fund 668 | Project No. 650750-100000 | Object Level Three 6678 | OCA Code 664750 | Amount $65,000.00
Section 3. That the proceeds from the Ohio Water Development Authority (OWDA) Fund, Loan No. 5322, for the Main Street Water Line Cleaning Project, and funds from the unappropriated monies in Fund 616, the amount of $500,000.00 is hereby appropriated to the Division of Power and Water, Division 60-09, Fund No. 616, Object Level One 06, Object Level Three 6686, OCA Code 616402, Project No. 690402-100000.
Section 4. That the proceeds from the Ohio Water Development Authority (OWDA) Fund, Loan No. 5444, for the Brown Road Area Water Line Improvements Project, and funds from the unappropriated monies in Fund 616, the amount of $352,800.00 is hereby appropriated to the Division of Power and Water, Division 60-09, Fund No. 616, Object Level One 06, Object Level Three 6686, OCA Code 623618, Project No. 690236-100018.
Section 5. That for the purpose of paying the cost of the Ohio Water Development Authority (OWDA) Fund Eligible Items within the Main Street Water Line Cleaning Project, the following expenditure, or as much thereof as may be needed, is hereby authorized as follows: Ohio Water Development Authority (OWDA) Fund | Fund 616 | Div. 60-09 | Project 690402-100000 | Main St. W.L. Cleaning | OCA Code 616402| Object Level Three 6686 | Amount $500,000.00.
Section 6. That for the purpose of paying the cost of the Ohio Water Development Authority (OWDA) Fund Eligible Items within the Brown Road Area Water Line Improvements Project, the following expenditure, or as much thereof as may be needed, is hereby authorized as follows: Ohio Water Development Authority (OWDA) Fund | Fund 616 | Div. 60-09 | Project 690236-100018 | Brown Rd. W.L. Imp's | OCA Code 623618 | Object Level Three 6686 | Amount $352,800.00.
Section 7. That the 2009 Capital Improvements Budget is hereby amended as follows:
Fund | Proj. No. | Proj. Name | Current Authority | Revised Authority | Change
616 | 690236-100018 | Brown Rd. W.L. Imp's | $5,100,000 | $2,954,054 | -$2,145,946
(reduce to actual needs)
616 | 690402-100000 | Main St. W.L. Cleaning | $2,300,000 | $1,593,199 | -$706,801 (reduce to actual needs)
Section 8. That the City Auditor is hereby authorized 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 are no longer required for said project; except that no transfer shall be made from a project 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 the contracted firm shall perform the work to the satisfaction of the Director of Public Utilities and the Administrators of the Division of Sewerage and Drainage and Power and Water.
Section 12. That for the reasons stated in the preamble hereto, 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 its passage if the Mayor neither approves not vetoes the same.