Explanation
1. BACKGROUND: This ordinance authorizes the Director of Public Utilities to modify and increase the Hap Cremean Water Plant Sludge Lagoon Improvements agreement with ms consultants, inc. for the Division of Power and Water, Contract No. 1030.
This current modification (#3) will provide for detailed design and bidding services for Part 5 of the project. This modification will also provide for a small portion of remaining design services and for construction administration/construction inspection services for Part 3A of the project.
1.1 Amount of additional funds to be expended: $518,234.00
Original Contract Amount: $ 387,743.74
Modification 1 $ 850,556.01
Modification 2 $ 912,025.00
Modification 3 (current, incl. 15% contingency) $ 518,234.00
Total (Orig. + Mods 1 - 3) $2,668,558.75
1.2. Reasons additional goods/services could not be foreseen:
An unanticipated need to request a Letter of Map Revision (LOMR) from the FEMA delayed the project for over two years. During this delay several compromises in the sludge force main caused the one active sludge lagoon to be filled to capacity. This necessitated an additional unanticipated emergency lagoon cleaning project which was designed and inspected utilizing previously approved funds from this project. During the two year delay in proceeding with the scope of work consultants wage rates and overhead rates increased. These listed reasons necessitated Modification #2, this current modification request and the future modification request. The authorizing legislation for Modification #2 indicated the intent to modify the contract for future phases of the project.
1.3. Reason other procurement processes are not used:
The consultant team is very familiar with the details of the project, the approving agencies and the bid documents. The process of selecting and contracting with a new consultant team at this time would further delay the project which would cause problems in meeting regulatory compliance and keeping the City's largest water treatment plant in operation.
1.4. How cost of modification was determined:
The Consultant prepared a detailed estimate of cost per task for remaining scope of work, broken down by project phase and year. City Project management staff reviewed and approved these cost summaries.
2. CONTRACT COMPLIANCE INFO: 34-6546916, expires 5/27/12, Majority
Searches in the Excluded Party List System (Federal) and the Findings for Recovery list (State) produced no findings against ms consultants, inc.
3. MULTI-PHASE AGREEMENT: Due to budget and cash flow constraints it was decided to only request the current contract modification for services that will be required for the immediate phase of the project. A future contract modification(s) will be requested for construction administration/construction inspection services for Part 5 of the project as well as for the final project phase.
4. FISCAL IMPACT: This legislation includes a transfer of funds within the Water Build America Bonds Fund and an amendment to the 2011 Capital Improvements Budget.
Title
To authorize the Director of Public Utilities to modify and increase the Hap Cremean Water Plant Sludge Lagoon Improvements agreement with ms consultants, inc.; for the Division of Power and Water; to authorize a transfer and expenditure within the Water Build America Bonds Fund; for the Division of Power and Water; and to amend the 2011 Capital Improvements Budget. ($518,234.00)
Body
WHEREAS, Contract No. EL003473 was authorized by Ordinance No. 0825-2003, passed June 2, 2003, was executed on June 18, 2003, and was approved by the City Attorney on June 27, 2003; and
WHEREAS, Modification No. 1 EL005455 was authorized by Ordinance No. 1121-2005, passed July 11, 2005, was executed on July 27, 2005, and was approved by the City Attorney on August 2, 2005; and
WHEREAS, Modification No. 2 EL009301 was authorized by Ordinance No. 0493-2009, passed April 20, 2009, was executed on May 6, 2009, and was approved by the City Attorney on May 14, 2009; and
WHEREAS, Modification No. 3 will provide for detailed design and bidding services for Part 5 of the project, as well as remaining design services and for construction administration/construction inspection services for Part 3A of the project; 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, it is necessary to authorize an amendment to the 2011 Capital Improvements Budget for purposes of providing sufficient funding and expenditure authority for the aforementioned project expenditure; and
WHEREAS, it has become necessary in the usual daily operation of the Department of Public Utilities, Division of Power and Water, to authorize the Director of Public Utilities to modify and increase the Hap Cremean Water Plant Sludge Lagoon Improvements agreement with ms consultants, inc., 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 is hereby authorized and directed to modify and increase the Hap Cremean Water Plant Sludge Lagoon Improvements agreement with ms consultants, inc., for the Division of Power and Water, in the amount of $518,234.00.
SECTION 2. That this contract modification is in compliance with Section 329.16 of Columbus City Codes, 1959.
SECTION 3. That the City Auditor is hereby authorized to transfer $518,234.00 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 | 690460-100000 (carryover) | Dublin Rd. W.M. | 609460 | -$518,234
609 | 690331-100000 (carryover) | HCWP Lagoon Sludge Rmvl. | +$518,234
SECTION 4. That the 2011 Capital Improvements Budget is hereby amended as follows:
Fund No. | Project No. | Project Name | Current Authority | Revised Authority | change
609 | 690460-100000 (carryover) | Dublin Rd. W.M. | $1,547,325| $1,029,091 | -$518,234
609 | 690331-100000 (carryover) | HCWP Lagoon Sludge Rmvl. | $0 | $518,234 | +$518,234
SECTION 5. That the expenditure of $518,234.00 is hereby authorized for the Hap Cremean Water Plant Sludge Lagoon Improvements Project within the Water Build America Bonds Fund, Fund No. 609, Division 60-09, Project No. 690331-100000 (carryover), Object Level Three 6686, OCA Code 609331.
SECTION 6. 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 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 all contracts 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.