Explanation
1. BACKGROUND:
A. Need. This legislation authorizes the Director of Public Utilities to enter into a construction contract with Kokosing Construction Company, Inc., for the Jackson Pike Wastewater Treatment Plant Disinfection Chemical Handling Facility Improvements project for the Division of Sewerage and Drainage; and authorizes the payment of the Water Pollution Control Loan Fund (WPCLF) application fee to the Ohio Water Development Authority (OWDA).
This is a contract for one of the key, time-critical wastewater plants construction projects in the City's Wet Weather Management Plan (WWMP) program, for the period through 2010. The work in this program is a very substantial group of sewer capital improvement projects (CIPs), both collections systems and treatment works improvements, which have been agreed to by the City and Ohio EPA in order to conform to the requirements of the City's consent orders. The WWMP projects at the Jackson Pike Wastewater Treatment Plant will increase the plant's wet weather treatment capacity to 150 million gallons per day.
The proposed contract with Kokosing Construction Company, Inc. is for Contract J212. This contract Work consists of:
1. Modification and renovation of the existing effluent disinfection chemical storage and feed facility to meet all chemical safety and fire codes, and provide sufficient on site chemical storage capacities.
2. Specific improvements to reduce hydraulic constrictions and increase the plant's hydraulic capacity in conformance with the recommendations of the WWMP. These improvements will provide for increasing the effluent pump station capacity to 150 MGD, providing an 84-inch effluent relief conduit from the final settling tanks to the chlorine contact tanks parallel to the existing effluent relief conduit, and enlarging inlet opening to the effluent weir trough chamber.
3. Treatment process improvements to the Chlorine Contact Tanks and post-aeration process.
4. Stormwater, site lighting, and roadway improvements at the south end of the plant site.
The contracts were advertised in the City Bulletin, and bids were received on January 23, 2008, as follows:
1. Kokosing Construction Company, Inc. | Majority Firm | $16,720,000.00
2. C. J. Mahan Construction Company, LLC | Majority Firm | $18,025,037.80
The Engineer's construction cost estimate was $21,509,486.00
Award is recommended to the lowest and best bidder.
B. Contract Compliance No.: 311023518 (MAJ) (Expires 3/14/10)
C. Emergency Designation: The Division of Sewerage and Drainage is requesting City Council to designate this ordinance an emergency measure in order to allow for the immediate commencement of this work. This expediency is justified in order to fulfill the City's capital improvement project scheduling commitments set forth within the consent agreement between the City and the Ohio Attorney General's Office that addresses the City's wet weather wastewater overflows.
2. FISCAL IMPACT:
This legislation appropriates and authorizes the expenditure of $16,720,000.00 from the WPCLF Loan that will be utilized for the subject project and also authorizes an amendment to the 2007 Capital Improvements Budget to provide sufficient authority for the project expenditure. This legislation also authorizes the expenditure of $59,767.00 from the 2008 Sewer System Operating Fund for the payment of the OWDA application fee. The total expenditure for the construction contract and application fee is $16,779,767.00
Title
To authorize the Director of Public Utilities to enter into a construction contract with Kokosing Construction Company, Inc., in connection with the Jackson Pike Wastewater Treatment Plant Disinfection Chemical Handling Facility Improvements project; to authorize the appropriation and expenditure of $16,720,000.00 from the Ohio Water Pollution Control Loan Fund; to amend the 2007 Capital Improvements Budget; to authorize the expenditure of $59,767.00 from the Sewer System Operating Fund to pay the loan application fee to the Ohio Water Development Authority, for the Division of Sewerage and Drainage; and to declare an emergency. ($16,779,767.00)
Body
WHEREAS, two competitive bids for construction of the Jackson Pike Wastewater Treatment Plant Disinfection Chemical Handling Facility Improvements project, Contract J212, were received and opened January 23, 2008 in the offices of the Director of Public Utilities; and
WHEREAS, the Ohio Water Development Authority (OWDA) approved a loan to the City of Columbus on March 27, 2008, in the amount of $16,720,000.00, identified as OWDA Account Number 4867 for the above listed project with eligible costs including the construction contract and contingency; and
WHEREAS, the Division of Sewerage and Drainage engineering personnel have determined it necessary to enter into a construction contract with Kokosing Construction Company, Inc., in order to provide for construction of Jackson Pike Wastewater Treatment Plant Disinfection Chemical Handling Facility Improvements project, Contract J212; and
WHEREAS, the OWDA loan application fee of $59,767.00 must be paid upon receipt of the loan agreement and application fee invoice; and
WHEREAS, it is immediately necessary to appropriate the proceeds from the aforementioned loan and authorize the expenditure of funds required to award the subject contract and pay the OWDA loan application fee; and
WHEREAS, it is immediately necessary to amend the 2007 Capital Improvements Budget to provide sufficient authority for increasing a capital project account; 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 for this Council to authorize the Director of Public Utilities to execute a construction contract with Kokosing Construction Company, Inc., in connection with the Jackson Pike Wastewater Treatment Plant Disinfection Chemical Handling Facility Improvements project, in order to fulfill the City's capital improvement project scheduling commitments set forth within the consent agreement between the City and the Ohio Attorney General's Office that addresses the City's wet weather wastewater overflows; 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 proceeds from the Ohio Water Development Authority Loan No. 4867, for the Jackson Pike Wastewater Treatment Plant Disinfection Chemical Handling Facility Improvements project; and funds from the unappropriated monies in Fund No. 666, the amount of $16,720,000.00 that includes funding for the cost of construction, is hereby appropriated to the Division of Sewerage and Drainage| Division 60-05| Fund No. 666| Object Level 6624 | OCA Code 666253 | Project No. 650253.
Section 2. That the Director of Public Utilities be, and hereby is, authorized to enter into a contract with Kokosing Construction Company, Inc., 886 McKinley Avenue, Columbus, Ohio 43222, for construction of the Jackson Pike Wastewater Treatment Plant Disinfection Chemical Handling Facility Improvements project 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 3. That for the purpose of paying the cost of the construction contract, the following expenditure, or as much thereof as may be needed, be and the same is hereby authorized from the WPCLF Loan as follows: Division 60-05; Fund 666; Project- Jackson Pike Wastewater Treatment Plant Disinfection Chemical Handling Facility Improvements, Project No. 650253; Object Level 6624 | OCA Code 666253 | Amount $16,720,000.00.
Section 4. That the 2007 Capital Improvements Budget Ordinance No. 0733-2007 is hereby amended as follows, to provide sufficient budget authority for the execution of the cost agreement stated in Section 1 herein:
Project No. | Project Name | Current Authority | Revised Authority | (Change)
650253 | Jackson Pike Wastewater Treatment Plant Disinfection Chemical Handling Facility Improvements | $0.00 | $16,720,000 | (+$16,720,000)
650366 | SWWTP, Final Clarifier Additions and Improvments | $26,168,112 | $9,448,112 | (-$16,720,000)
Section 5. That the Director of Public Utilities be, and hereby is, authorized to pay the Water Pollution Control Loan Fund application fee to the Ohio Water Development Authority, for the Sewerage and Drainage Division project entitled Jackson Pike Wastewater Treatment Plant Disinfection Chemical Handling Facility Improvements, CIP No. 650253, WPCLF No. 392899-01, OWDA Loan No. 4867.
Section 6. That the expenditure of $59,767.00 or as much thereof as may be needed, be and the same hereby is authorized from the Sewer System Operating Fund, Fund 650, Division 60-05, OCA Code 651001, Object Level One 03, Object Level Three 3390, to pay the cost of the Water Pollution Control Loan Fund application fee to the Ohio Water Development Authority.
Section 7. 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 8. 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 9. That the City Auditor is authorized to establish proper project accounting numbers as appropriate.
Section 10. 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 which 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.