Explanation
1. BACKGROUND:
A. Need: This legislation authorizes the Director of Public Utilities to enter into a planned modification of the professional engineering services contract with Brown and Caldwell Ohio, LLC in connection with the Sanitary System Overflow Elimination Project. This contract is for the development and implementation of a Capacity, Management, Operations, and Maintenance (CMOM) Program as required by the Consent Order entered into between the City of Columbus and the State of Ohio in August of 2002 to address the City's Sanitary Sewer Overflows (SSOs) throughout its collection system. This contract has always been planned as a multi-year contract with annual modifications until complete development of a sustainable CMOM Program that addresses all requirements of the State Consent Order. These services are of a highly specialized and technical nature, and it is not practical or economical to have these services performed by city personnel. The budget estimate for this work thus far is approximately $22,286,249.34, and will involve future contract modifications. These proposed costs were reviewed by division engineering personnel and have been deemed to be reasonable and appropriate.
This modification will continue to refine the work done on the System Evaluation, and Capacity Assurance Plan (SECAP). The final draft of this document which outlines the city's capital projects to address SSO's over the next 40+/- years was submitted to the OEPA in July, 2005. Brown and Caldwell will assist the City in addressing any comments or questions received from OEPA regarding this document. This work may include additional hydraulic computer modeling, field work, records research, etc.
B. CONTRACT COMPLIANCE INFORMATION:
Number: 68-0442806
Expires: 06/11/2010
Type of Business Enterprise: Majority
C. EMERGENCY DESIGNATION:
No Emergency Designation is being requested for this legislation.
2. FISCAL IMPACT:
This ordinance requests the transfer and appropriation of funds within the Sanitary Sewer Revenue Bonds Fund for purposes of providing the additional funds required for this planned contract modification. There will also be an amendment to the 2008 Capital Improvements Budget to create and provide sufficient budget authority. The project from which funds are being transferred will not be adversely affected.
Title
To authorize the Director of Public Utilities to enter into a planned modification of the professional engineering services contract with Brown and Caldwell Ohio, LLC in connection with the Sanitary System Overflow Elimination Project; and to authorize an increase in appropriation in the amount of $2,001,160.41; and to authorize the transfer and expenditure of $2,180,691.39 from the Sanitary Sewer Revenue Bonds Fund; and to amend the 2008 Capital Improvements Budget; for the Division of Sewerage and Drainage. ($2,180,691.39).
Body
WHEREAS, a consent order was entered into on July 31, 2002, in resolution of Case No. 02-WH-05-5768, the State of Ohio, ex. rel., Betty D. Montgomery Attorney General of Ohio v. City of Columbus, as a result of allegations from the State that the City has operated its wastewater treatment plants and collection system in such a manner as to result in violations of the National Pollutant Discharge Elimination System (NPDES) permits issued by the Ohio Environmental Protection Agency (EPA) and in violation of the water pollution laws of the State of Ohio; and
WHEREAS, as a result of this Consent Order, the City of Columbus was required to develop a Capacity, Maintenance, Operation, Management (CMOM) Program; and
WHEREAS, on December 23, 2002, the Director of Public Utilities entered into contract with Brown & Caldwell Ohio, LLC, identified as Contract No. EL003005, as authorized by Ordinance No. 1978-2002, as passed by Columbus City Council on December 16, 2002, for purposes of providing the professional services necessary to develop and implement a Capacity, Maintenance, Operation Management Program (CMOM) pursuant to the elimination or mitigation of all known sanitary sewer overflow points within the City of Columbus's sanitary sewer system; and
WHEREAS, Contract Modification No. 1, identified as Contract No. EL004149, was authorized by Ordinance No. 2013-2003, as passed by Columbus City Council on December 16, 2003, authorized the Director of Public Utilities to enter into a planned modification for funding the contracted scope of services through Fiscal Year 2004; and
WHEREAS, Contract Modification No. 2, identified as Contract No. EL005347, was authorized by Ordinance No. 0553-2005, as passed by Columbus City Council on May 9, 2005, authorized the Director of Public Utilities to enter into a planned modification for funding the contracted scope of services through the first quarter of 2006; and
WHEREAS, Contract Modification No. 3, identified as Contract No. EL006105, was authorized by Ordinance No. 0767-2006, as passed by Columbus City Council on May 8, 2006, authorized the Director of Public Utilities to enter into a planned modification for funding the contracted scope of services through the first quarter of 2007; and
WHEREAS, Contract Modification No. 4, identified as Contract No. EL007280, was authorized by Ordinance No. 1184-2007, as passed by Columbus City Council on September 10, 2007, authorized the Director of Public Utilities to enter into a planned modification for further funding the contracted scope of services ; and
WHEREAS, the subject agreement was established as a multi-year agreement, whereby the Director of Public Utilities could request City Council approval to modify the agreement annually for purposes of authorizing the continuation of the contract work and for appropriating funds on a calendar year basis; and
WHEREAS, it is necessary to authorize the transfer and appropriation of monies within the Sanitary Sewer Revenue Bonds Fund to provide sufficient funding for the aforementioned project expenditure; and
WHEREAS, it is necessary to authorize an amendment to the 2008 Capital Improvements Budget for the purpose of creating and providing sufficient spending authority for the aforementioned project expenditure; and
WHEREAS, it is necessary for City Council to authorize the expenditure of funds from the Sanitary Sewer Revenue Bonds Fund; and
WHEREAS, it is necessary for this City Council to authorize the Director of Public Utilities to execute a planned, contract modification with the professional engineering services firm of Brown and Caldwell Ohio, LLC, pursuant to ensuring the continuation of contract work which is necessary to fulfill the City of Columbus's commitments relating to the aforementioned Consent Order, 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 enter into a planned modification of the professional engineering services contract identified as City Auditor's Contract No. EL003005, with Brown & Caldwell Ohio, LLC., 4700 Lakehurst Court, Columbus, Ohio 43016, in connection with the Sanitary System Overflow Elimination Project, in accordance with the terms and conditions as shown in the original contract on file in the office of the Division of Sewerage and Drainage.
Section 2. That the City Auditor be and hereby is authorized and directed to increase the appropriation in the amount of $2,001,160.41 in the Sanitary Sewer Revenue Bonds Fund No. 665| Division 60-05| Object Level Three No. 6676. |
Section 3. That the City Auditor be and hereby is authorized and directed to transfer a total of $2,180,691.39 from within the Sanitary Sewer Revenue Bonds Fund No. 665| Division 60-05| Object Level Three No. 6676:
From:
650725 | Large Diameter Pipe Cleaning | OCA 665725 | -$179,530.98
665999 | Fund 665 60-05 Unallocated Balance | OCA 665999 | -$2,001,160.41
To:
650690 | Sanitary Sewer Overflow Elimination | OCA 665690| $2,180,691.39
Section 4. That the 2008 Capital Improvements Budget Ordinance No. 0690-2008 is hereby amended as follows, to create and provide sufficient budget authority in Fund Number 665 for the execution of the construction modification contract stated herein.
Proj. No. | Proj. Name | Current Authority | Revised Authority | (Amount of Change)
650690-100000 | Sanitary Sewer Overflow Elimination | OCA 665690 | $0.00 | $2,180,692 | (+$2,180,692)
650725-100000 | Large Diameter Pipe Cleaning | OCA 665725 | $1,650,000 | $1,470,469 |( -$179,531)
665999-100000 | Fund 665 60-05 Unallocated Balance | OCA 665999 | $0.00 | $0.00 | (+/-$2,001,161)
*** Authority was created in 665999 and then directly transfered out, therfore, resulting in no change in Revised Authority.
Section 5. That the expenditure of $2,180,691.39 or as much thereof as may be needed, be and the same hereby is authorized from the Sanitary Sewer Revenue Bonds Fund No. 665; Division 60-05; within Proj. No.: 650690 | Sanitary System Overflow Elimination Project | Obj. Level 3: 6676| OCA Code 665690 | $2,180,691.39
Section 6. That the City Auditor is hereby authorized and directed to transfer any unencumbered balance in the project account to the unallocated balance account 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 so made from a project account funded by monies from more than one source.
Section 7. That the City Auditor is authorized to establish proper project accounting numbers as appropriate.
Section 8. That the City Auditor is authorized to make any accounting changes to revise the funding source for any contract or contract modifications associated with this ordinance.
Section 9. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.