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File #: 1703-2009    Version: 1
Type: Ordinance Status: Passed
File created: 12/3/2009 In control: Utilities Committee
On agenda: 2/1/2010 Final action: 2/4/2010
Title: To authorize the Director of Public Utilities to execute a planned contract modification of the construction administration and construction inspection services agreement with Prime Engineering & Architecture, Inc.; for the OSIS Downtown Odor Control Project, the Group Three Water Line Improvements Project and the Reservoir Pollution Reduction Project; to authorize the expenditure of $650,000.00 from within the Sanitary B.A.B.s (Build America Bonds) Fund for the Division of Sewerage and Drainage; to authorize the transfer and expenditure of $280,669.00 from the Water Build America Bonds Fund; to authorize the appropriation and expenditure of $383,847.15 from the Ohio Water Development Authority (OWDA) Fund; for the Division of Power and Water; and to amend the 2009 Capital Improvement Budget; ($1,314,516.15)
Attachments: 1. ORD1703-2009 Legis. Info. Form.pdf, 2. ORD1703-2009 Sub ID Form.pdf
Date Ver.Action ByActionResultAction DetailsMeeting Details
2/4/20101 CITY CLERK Attest  Action details Meeting details
2/2/20101 MAYOR Signed  Action details Meeting details
2/1/20101 Columbus City Council ApprovedPass Action details Meeting details
2/1/20101 COUNCIL PRESIDENT PRO-TEM Signed  Action details Meeting details
1/25/20101 Columbus City Council Read for the First Time  Action details Meeting details
1/15/20101 Utilities Drafter Sent for Approval  Action details Meeting details
1/15/20101 CITY ATTORNEY Reviewed and Approved  Action details Meeting details
1/15/20101 Utilities Drafter Sent to Clerk's Office for Council  Action details Meeting details
1/14/20101 EBOCO Reviewer Sent for Approval  Action details Meeting details
1/14/20101 ODI DIRECTOR Reviewed and Approved  Action details Meeting details
1/13/20101 Auditor Reviewer Reviewed and Approved  Action details Meeting details
1/13/20101 CITY AUDITOR Reviewed and Approved  Action details Meeting details
1/13/20101 Utilities Drafter Sent for Approval  Action details Meeting details
1/12/20101 Finance Reviewer Reviewed and Approved  Action details Meeting details
1/12/20101 FINANCE DIRECTOR Reviewed and Approved  Action details Meeting details
1/12/20101 Utilities Drafter Sent for Approval  Action details Meeting details
1/11/20101 Finance Reviewer Reviewed and Approved  Action details Meeting details
1/8/20101 Utilities Reviewer Sent for Approval  Action details Meeting details
1/8/20101 UTILITIES DIRECTOR Reviewed and Approved  Action details Meeting details
1/8/20101 Utilities Drafter Sent for Approval  Action details Meeting details
1/7/20101 Utilities Reviewer Reviewed and Approved  Action details Meeting details
12/22/20091 Utilities Drafter Sent for Approval  Action details Meeting details
12/16/20091 Utilities Reviewer Reviewed and Approved  Action details Meeting details
12/16/20091 Utilities Drafter Sent for Approval  Action details Meeting details
12/15/20091 Utilities Drafter Sent for Approval  Action details Meeting details
12/9/20091 Utilities Drafter Sent for Approval  Action details Meeting details
12/9/20091 Utilities Reviewer Reviewed and Approved  Action details Meeting details
12/7/20091 Utilities Drafter Sent for Approval  Action details Meeting details
12/7/20091 Utilities Reviewer Reviewed and Approved  Action details Meeting details
Explanation
 
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 Prime Engineering & Architecture, Inc.  Funding for this modification will come from four sources: the Sanitary Sewer Reserve Fund, the Storm Sewer Bond Fund, the Ohio Water Development Authority (OWDA) Fund, and the Water Build America Bonds Fund.
 
This contract was originally procured to provide construction administration and construction inspection services for combined sanitary, storm water, and water 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 #2) will increase the funding of the contract by an additional $1,314,516.15 for construction administration - construction inspection services. The projects involved in this specific modification are for one sanitary project: (1) OSIS Downtown Odor Control; and two water projects: (2) Group Three Water Line Improvements, (3) Reservoir Pollution Reduction.
 
1.1. Amount of additional funds to be expended:  $ 1,314,516.15
Original Contract Amount:      $   540,000.00        
Modification 1      $   915,000.00
Modification 2 (current)      $1,314,516.15
Total (Orig. + Mods 1-2)      $2,769,516.15
 
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 Prime Engineering & Architecture, 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 $650,000.00 for the OSIS Downtown Odor Control Project, $280,669.00 for the Group Three Water Line Improvements Project, and $383,847.15 for the Reservoir Pollution Reduction Project.  The Department anticipates requesting additional appropriations to this contract 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 transfer within and the expenditure of $650,000.00 in funds from the Sanitary B.A.B.s (Build America Bonds) Fund.
 
Water funding for the Group Three Water Line Improvements Project will come from the Ohio Water Development Authority (OWDA) Fund.  Loan No. 5447 was approved on December 10, 2009.  
 
Water funding for the Reservoir Pollution Reduction Project will come from a transfer of funds within the Water Build America Bonds Fund and an amendment to the 2009 Capital Improvements Budget will be necessary.
 
4.  CONTRACT COMPLIANCE INFO: 31-1373357 | (F1) | (Expires 04/08/2010)
 
5.  EMERGENCY DESIGNATION: Emergency designation is not requested
 
 
Title
 
To authorize the Director of Public Utilities to execute a planned contract modification of the construction administration and construction inspection services agreement with Prime Engineering & Architecture, Inc.; for the OSIS Downtown Odor Control Project, the Group Three Water Line Improvements Project and the Reservoir Pollution Reduction Project; to authorize the expenditure of $650,000.00 from within the Sanitary B.A.B.s (Build America Bonds) Fund for the Division of Sewerage and Drainage; to authorize the transfer and expenditure of $280,669.00 from the Water Build America Bonds Fund;  to authorize the appropriation and expenditure of $383,847.15 from the Ohio Water Development Authority (OWDA) Fund; for the Division of Power and Water; and to amend the 2009 Capital Improvement Budget;  ($1,314,516.15)
 
 
Body
 
WHEREAS, it is necessary to modify the construction administration and construction inspection services contract with Prime Engineering & Architecture, Inc., for the OSIS Downtown Odor Control Project, the Group Three Water Line Improvements Project, and the Reservoir Pollution Reduction 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 order to ensure the continued operation of its sanitary and water infrastructures; and
 
WHEREAS, the original contract number EL008273 for $540,000.00 was authorized by Ordinance No. 0846-2008, passed June 9, 2008, was executed on June 25, 2008, and was approved by the City Attorney on June 30, 2008; and
 
WHEREAS, modification #1 (Short Street Demolition and Remediation project and the NW Alum Creek Wet Weather Renovations project) to the original contract number, EL009497 for $915,000.00 was passed by City Council via Ordinance 0649-2009, June 1, 2009; and signed by the City Attorney on July 15, 2009; and
 
WHEREAS, it is necessary to authorize the expenditure of funds from the Sanitary B.A.B.s (Build America Bonds) Fund for purposes of providing sufficient funding for the project expenditure; and
 
WHEREAS, it is necessary to authorize the expenditure of funds from the Ohio Water Development Authority (OWDA) Fund and the Water Build America Bonds Fund for purposes of providing sufficient funding for these project expenditures; and
 
WHEREAS, it is necessary for this Council to authorize the City Auditor to transfer funds within the Water Build America Bonds Fund; and
 
WHEREAS, the Ohio Water Development Authority (OWDA) Fund has a loan for the City of Columbus's Group Three Water Line Improvements Project and was approved on December 10, 2009, in the amount of $280,669.00; identified as OWDA Loan No. 5447 for the above listed project; and
 
WHEREAS, it is necessary to appropriate the proceeds from the aforementioned loan, to authorize the expenditure of funds required to award the subject contract, and to provide the requisite budget authority for said award; and
 
WHEREAS, it is necessary to authorize an amendment to the 2009 Capital Improvements Budget for purposes of providing sufficient funding and expenditure authority for the aforementioned project expenditures; and
 
WHEREAS, it has become necessary in the usual daily operation of the Department of Public Utilities, Divisions of Sewerage and Drainage and Power and Water, in that it has become necessary to authorize the Director of Public Utilities to modify and increase the construction administration and construction inspection services contract with Prime Engineering & Architecture, Inc., for the OSIS Downtown Odor Control Project, the Group Three Water Line Improvements Project, and the Reservoir Pollution Reduction Project; to ensure the continued operation of vital sanitary and water infrastructure for the City; and to authorize the appropriation and expenditure of funds from the Ohio Water Development Authority (OWDA) Fund, 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 Director of Public Utilities be and hereby is authorized to modify and increase the professional engineering services agreement with Prime Engineering & Architecture, Inc., 3000 Corporate Exchange Dr., Suite 600, Columbus, Ohio 43231 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 proceeds from the Ohio Water Development Authority (OWDA) Fund, Loan No. 5447, for the Group Three Water Line Improvements Project, and funds from the unappropriated monies in Fund 616, the amount of $280,669.00 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 623616, Project No. 690236-100016.
 
Section 3.  That the City Auditor is hereby authorized to transfer $383,846.55 (already $0.60 in project) within the Division of Power and Water, Dept/Div. No. 60-09, Water Build America Bonds Fund, Fund No. 609, Object Level One 06, Object Level Three 6686, as follows:
 
Fund No. | Project No. | Project Name | OCA Code | change
609 | 690026-100006 (new funding) | Indianola Trench Drain | 692606 | -$18,536.72
609 | 690424-100000 (new funding) | Lazelle Rd. Storage Tank | 609424 | -$365,309.83
609 | 690506-100000 (new funding) | Watershed Impervious Surface Pollution Reduction | 609506 | +$383,846.55
 
Section 4. That the 2009 Capital Improvements Budget Ordinance No. 0806-2009 is hereby amended as follows, to provide sufficient budget authority for the Capital Improvement Projects listed herein:
 
Fund No. | Proj. No. | Proj. Name | Current Authority | Revised Authority | (Change)
609 | 690026-100006 (new funding) | Indianola Trench Drain | $18,536 | $18,537 | +$1 (give enough authority to cash transfer)
609 | 690026-100006 (new funding) | Indianola Trench Drain | $18,537 | $0 | -$18,537
609 | 690424-100000 (new funding) | Lazelle Rd. Storage Tank | $5,100,001 | $4,734,691 | -$365,310
609 | 690506-100000 (new funding) | Watershed Impervious Surface Pollution Reduction | $1 | $383,848 | +$383,847
616 | 690236-100016 | Group 3 W.L. Imp's | $3,300,000 | $2,362,991 | -$937,009 (reduced to actual needs)
 
Section 5.  That the City Auditor is hereby authorized to expend $650,000.00 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. 650691-100001 | Object Level Three 6678 | OCA Code 651691 | Amount $650,000.00
 
Section 6.  That for the purpose of paying the cost of the Ohio Water Development Authority (OWDA) Fund Eligible Items for the Group Three Water Lines 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 690236-100016 | Group Three Water Line Improvements Project | OCA Code 623616 | Object Level Three 6686 | Amount $280,669.00.
 
Section 7.  That the expenditure of $383,847.15 is hereby authorized for the Watershed Impervious Surface Pollution Reduction Project within the Water Build America Bonds Fund, Fund No. 609, Division 60-09, Project No. 690506-100000 (new funding), Object Level Three 6686, OCA Code 609506.
 
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 Divisions of Sewerage and Drainage and Power and Water.
 
Section 12.  That this ordinance shall take effect and be in force from and after the earliest period allowed by law.