Explanation
Background:
This legislation will authorize the Director of Recreation and Parks to modify the contract with M.A. D. Scientist, LLC. The original contract EL006405 in the amount of $36,000.00 is required to be modified by $15,585.00 for a total modified contract amount of $51,585.00.
This modification is required to plant an upland buffer and make this buffer part of the monitoring program for the City's mitigated wetland in Clover Park in fulfillment of Ohio Environmental Protection Agency (OEPA)/U.S. Army Corps of Engineers (USACOE) requirement for the Water Quality Certification pursuant to Section 401 of the Clean Water Act, 33 U.S.C. ยง 1344 from the OEPA and Nationwide Permit (NWP) coverage from the USACOE ("Permit").
Recreation and Parks seeks to enter into contract modification with M.A.D. Scientist, LLC to plant and monitor the wetlands buffer for the remaining 3 years on the existing contract, a condition of the Permit. M.A.D. Scientist, LLC is responsible for preparing and submitting the reports required by the Permit to the Ohio EPA. M.A.D. Scientist, LLC is helping to manage the wetland for control of invasive species with Recreation and Parks M.A.D. Scientist, LLC and Recreation and Parks are not responsible for the hydrology or construction of the wetlands or physical changes necessary to ensure the success of the wetland's establishment. The planting of the upland buffer is part of the Permit requirements.
Department of Public Utilities, Division of Sewerage and Drainage impacted an existing wetland as part of the Southerly Wastewater Treatment Plant Headworks project. In order to mitigate such impacts on the City's Property at the Southerly Wastewater Treatment Plant and as a condition of being issued the OEPA Section 401 water quality certification, and the USACOE NWP, the USACOE and the OEPA have required that the City construct the mitigation wetlands, including the upland buffer, in accordance with the requirements contained in the 401 Certification The upland buffer requirement was overlooked in the planning and construction of the mitigated wetland.
FISCAL IMPACT:
This legislation includes a transfer of funds within the Storm Sewer Bonds Fund and an amendment to the 2008 Capital Improvements Budget to allow sufficient cash and authority to be available in the proper project to cover the necessary expenditure.
Emergency action is required as the planting season is upon us. A spring planting to improve viability of the plant material is desirable.
M.AD. Scientist is contract compliant through 6/3/10. Their contract compliance # is 201126855
Title
To authorize and direct the Director of Recreation and Parks to modify the contract with M.A.D. Scientists, LLC for additional planting and monitoring of wetland buffer; to authorize the transfer of $15,585.00 within the Storm Sewer Bonds Fund; to authorize an amendment to the 2008 Capital Improvements Budget; to authorize an expenditure of $15,585.00 from the Storm Sewer Bonds Fund; and to declare an emergency. ($15,585.00)
Body
WHEREAS, the Department of Recreation and Parks desires to modify the contract with M.A.D. Scientist, Inc. for additional planting and monitoring services associated with the wetland buffer project; and
WHEREAS, This modification is required to plant an upland buffer and make this buffer part of the monitoring program for the City's mitigated wetland in Clover Park in fulfillment of OEPA requirement for the permit; and
WHEREAS, it is necessary to authorize the transfer of $15,585.00 within the Storm Sewer Bonds Fund for purposes of providing sufficient funding for additional planting and monitoring of wetland buffer; and
WHEREAS, it is necessary to authorize an amendment the 2008 Amend Capital Improvement Budget for purposes of creating and providing sufficient budget authority for the aforementioned expenditure; and
WHEREAS, it is necessary for City Council to authorize the expenditure of funds from the Storm Sewer Bonds Fund; and
WHEREAS, an emergency exists in the usual daily operation of the Recreation and Parks Department in that it is immediately necessary to modify the M.A.D. Scientists, Inc. contract to make the spring planting window 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 Recreation and Parks be and he is hereby authorized and directed to modify the contract with M.A.D Scientist for additional monitoring and planting services.
Section 2. That the City Auditor is hereby authorized and directed to transfer a total of $15,585.00 from within Division of Sewerage and Drainage | Dept./Div. 60-15 | Storm Sewer Bonds Fund No. 685 | Object Level One 06 | Object Level Three 6686:
From:
Proj. 610715 | Shady Lane Road | OCA 685715| -$15,585.00
To:
Proj. 610753 | Pilot Wetlands Mitigation | OCA 685753 | +$15,585.00
Section 3. That the 2008 Capital Improvements Budget Ordinance No. 0690-2008 is hereby amended as follows, to create and provide sufficient budget authority for the execution of the agreement increase stated herein:
Creation of Authority for Storm:
Proj. No. | Proj. Name | Current Authority | Revised Authority | (Change)
610753-100000 | Pilot Wetlands Mitigation | $0.00 | $15,585 | (+$15,585)
Section 4. That the expenditure of $15,585.00, or as much thereof as may be needed, is hereby authorized from the Storm Sewer Bond Fund | Fund 685 | Div. 60-15 | Proj. 610753-100000 | OCA Code 685753 | Object Level Three 6686.
Section 5. 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 6. That the City Auditor is authorized to establish proper project accounting numbers as appropriate.
Section 7. 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 8. 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 approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.