Explanation
1. BACKGROUND:
This legislation authorizes the Director of Public Utilities to execute a planned, professional engineering services contract modification agreement with Malcolm Pirnie, Inc., for professional program management services for the 2006-2010 Capital Improvements Program of the Division of Sewerage and Drainage. The work in this program includes a very substantial group of sewer capital improvements projects (CIPs) at the City's two wastewater treatment plants, 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 actual emplacement of the CIPs will be by construction contract; the professional program management contract is providing: program planning, scheduling, budgeting, and status reporting; construction management; design management; some design of critical projects; special services such as Value Engineering, and other services for this very large, important program, as directed by the City. The initial authorization of, and appropriation of monies to, this contract was accomplished by Ordinance No. 0731-2006, passed May 8, 2006. This contract was always planned to be funded incrementally, through contract modifications. The initial Fiscal Year 2007 appropriation will be exhausted at the end of September, 2007, and this contract modification provides funding to continue this important work into Fiscal Year 2008.
2. CONTRACT COMPLIANCE NO.: 132653703 (MAJ) (Expires 05/02/2008)
3. EMERGENCY DESIGNATION:
The Division of Sewerage and Drainage hereby requests City Council to concur in the declaration of this ordinance as an emergency measure, in order to assure that these important management services continue to coordinate the design and construction of the Division's Wet Weather Management Plan infrastructure improvements within the schedule commitments made to Ohio EPA in the City's consent orders.
4. FISCAL IMPACT:
This ordinance authorizes the transfer and appropriation of funds from the Sanitary Sewer Reserve Fund for this expenditure. The 2007 Capital Improvements Budget is amended for this expenditure upon passage of this ordinance. Monies for this modification are to be provided from a proposed Fall 2007 Bond Sale via the transfer detailed in this ordinance.
Title
To authorize the Director of Public Utilities to execute a planned professional engineering services agreement with Malcolm Pirnie, Inc., for Professional Program Management Services for the 2006-2010 Capital Improvements Program under the Wet Weather Management Plan, for the Division of Sewerage and Drainage; to authorize the transfer and appropriation of $14,500,000.00 from the Sanitary Sewer Reserve Fund; to authorize the expenditure of $14,500,000.00 within the Voted Sanitary Sewer Bond Fund; to amend the 2007 Capital Improvements Budget for the Division of Sewerage and Drainage; and to declare an emergency ($14,500,000.00).
Body
WHEREAS, the Division of Sewerage and Drainage is undertaking a substantial program of large capital improvements to improve the Division's facilities, in conformance with a Wet Weather Management Plan submitted by the City to Ohio EPA, in conformance with the City's agreed-upon Consent Orders; and
WHEREAS, a program of the size and scope of that being undertaken by the Division to improve its facilities requires the best, most robust management to assure the success of the program; and
WHEREAS, the City has contracted for such professional program management services, under authority of Ordinance No. 0731-2006, passed April 8, 2006; and
WHEREAS, the initial funding of contract EL006055 was planned to be sufficient to provide the necessary services for the balance of 2006, with additional necessary funding to be added as the program proceeds in 2007 and subsequent years; and
WHEREAS, Modification No. 1 authorized by Ordinance No. 2134-2006, as passed by Columbus City Council on January 22, 2007 provided additional funding that was estimated to be necessary for the continuation of the professional program management services; and
WHEREAS, it is necessary to authorize the transfer and appropriation of funds from the Sanitary Sewer Reserve Fund to the Voted Sanitary Sewer Bond Fund for this project expenditure; and
WHEREAS, it is necessary to authorize an amendment to the 2007 Capital Improvements Budget for the purpose of providing sufficient spending authority for the aforementioned project expenditure; 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 to authorize the Director of Public Utilities to modify the agreement for professional program management services for the Division of Sewerage and Drainage's 2006-2010 capital improvements program, and for the 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 Director of Public Utilities be, and hereby is, authorized to modify contract EL006055 with Malcolm Pirnie, Inc., 1900 Polaris Parkway, Suite 200, Columbus, Ohio 43240-2020, for Professional Program Management Services for the Division of Sewerage and Drainage's 2006-2010 capital improvements program, in accordance with the terms and conditions of the modification on file in the offices of the Division of Sewerage and Drainage.
Section 2. That from the unappropriated monies in the Sanitary Sewer Reserve Fund No. 654, and from all monies estimated to come into said fund from any and all sources, and unappropratied for any other purpose during the fiscal year ending December 31, 2007, the sum of $14,500,000.00 is hereby appropriated to the Division of Sewerage and Drainage: Division 60-05 | OCA Code 901654 | Object Level One 10 | Object Level Three 5502.
Section 3. That the City Auditor is hereby authorized to transfer $14,500,000.00 to the Voted Sanitary Sewer Bond Fund 664, into the Professional Program Management Services for the Division of Sewerage and Drainage's 2006-2010 capital improvements program project, Project No. 650390.1, at such time as deemed necessary by the Auditor, and to expend said funds, or so much thereof as may be necessary.
Section 4. That the $14,500,000.00 is hereby appropriated for the Professional Program Management Services for the Division of Sewerage and Drainage's 2006-2010 capital improvements program project, within the Voted Sanitary Sewer Bond Fund | Fund 664 | Division 60-05 | Project 650390.1 | OCA Code 664390 | Object Level Three 6678.
Section 5. That upon obtaining other funds for the purpose of funding the professional engineering services referenced in the preamble hereto, the City Auditor is hereby authorized to repay the Sewer System Reserve Fund the amount transferred above, and said funds are hereby deemed appropriated for such purposes.
Section 6. That the said firm shall perform the work to the satisfaction of the Director of Public Utilities and the Administrator of the Division of Sewerage and Drainage.
Section 7. That the expenditure of $14,500,000.00, or as much thereof as may be needed, is hereby authorized from the Voted Sanitary Sewer Bond Fund No. 664 | Division 60-05 | Project 650390.1 | OCA Code 664390 | Object Level Three 6678.
Section 8. That the 2007 Capital Improvements Budget Ordinance No.0733-2007 is hereby amended as follows, to create and provide sufficient budget authority for the modification of the contract stated herein:
Project No. | Project Name | Current Authority | Revised Authority | (Change)
650390 | Wet Weather Management Program | $12,000,000 | $26,500,000 | (+$14,500,000)
Section 9. 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 no longer required for said project; except that no transfer shall be made from a project by monies from more than one source.
Section 10. That the City Auditor is authorized to establish proper project accounting numbers as appropriate.
Section 11. 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 12. 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.