Explanation
BACKGROUND: This Ordinance authorizes the Director of Public Utilities to modify and increase the construction contract with Complete General Construction Company for the Fulton St./Franklin County Courthouse 15 KV Circuit Relocation Project, for the Division of Power and Water. At this time, the complete estimated cost breakdown is as follows:
• $110,150.00 - Open cut installation of 6-5" PVC concrete encased conduit
• ($38,500.00) - Credit given by Complete General for not being able to install the conduit through boring. (as was included in the original construction contract)
• $7,165.00 - 10% Contingency
The total amount of this modification is $78,815.00, a 73.5% increase from the original contract.
1. Amount of additional funds to be expended: $78,815.00
Original Contract Amount: $107,250.00
Amount of original contract and this modification: $186,065.00
2. Reasons additional goods/services could not be foreseen:
• The original contract price was based upon installation of the conduit through the means of underground boring. The bore was begun and proceeded approximately forty feet before the boring machine encountered signal interference.
• Interference with the boring machine's signal causes a significant safety issue in that the boring machine operator is unable to detect underground obstructions and may hit other buried utility lines.
• Multiple agencies including the contractor, Franklin County engineers, City of Columbus experts and the boring machine manufacturer attempted to locate, isolate and turn off the interference with no success.
• No one anticipated the signal interference. The boring machine manufacturer concluded that the interference was caused by significant cellular broadband usage in the area of the Franklin County Courthouse.
To complete the installation the construction had to be changed to open cut to install duct banks and the required conduit.
3. Reason other procurement processes are not used:
This modification keeps the contractor on the project and on schedule to finalize the Fulton Street/Franklin County Courthouse 15 KV Circuit Relocation Project. This work is one part of a larger project managed by Franklin County. The County has a project schedule that requires the circuit work to be completed by May 29, 2009. Franklin County is reimbursing the City of Columbus for this circuit relocation work. If the project is not completed according to established time lines, the County will be penalized through contractor delay charges. It was not practical to bid the additional work out to another contractor, in addition the additional cost and time associated with bidding out this work would well exceed any benefit.
4. How cost of modification was determined:
Costs were submitted by the Contractor and reviewed and verified by the construction administrator, Franklin County, the Division of Power and Water's Administrator and the project manager.
Contract Compliance Information: 31-4366382, expires 1/3/10, Majority
Emergency Designation: Emergency legislation is being requested to provide these services concurrently with the ongoing construction contract and to finish the work according to the established project schedule.
FISCAL IMPACT: This legislation includes an expenditure from the Division of Power and Water's Electricity Permanent Improvement Fund (Non-Bond) in the amount of $78,815.00.
Title
To authorize the Director of Public Utilities to modify and increase the construction contract with Complete General Construction Company due to unforeseen conditions found during construction of the Fulton Street/Franklin County Courthouse 15 KV Circuit Relocation for the Division of Power and Water; to amend the 2008 Capital Improvement Budget: to authorize a transfer and expenditure of $78,815.00 within the Division of Power and Water's Electricity Permanent Improvement Fund (Non-Bond); and to declare an emergency. ($78,815.00)
Body
WHEREAS, Contract No. EL009234, for Complete General Construction Company was authorized by Ordinance No. 0401-2009, passed March 30, 2009, was executed on April 9, 2009, and was approved by the City Attorney on April 10, 2009; and
WHEREAS, the contract needs modified due to unforeseen conditions found during construction; and
WHEREAS, it is necessary to authorize an amendment to the 2008 Capital Improvements Budget for purposes of providing sufficient funding and expenditure authority for the aforementioned project expenditures; and
WHEREAS, it is necessary for this Council to authorize the City Auditor to transfer funds within the Electricity Permanent Improvement Fund (Non-bond); and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Utilities, Division of Power and Water, that it is immediately necessary to authorize the Public Utilities Director modify and increase the existing contract with Complete General Construction Company due to unforeseen conditions found during construction of the Fulton Street/Franklin County Courthouse 15 KV Circuit Relocation Project, in an emergency manner provide services concurrently with ongoing construction and to finish the work according to Franklin County's project schedule. It is in the City's best interest to complete the work on time as these costs will be reimbursed to the City of Columbus by Franklin County; for the immediate 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 existing construction contract with Complete General Construction Company due to unforeseen conditions found during construction of the Fulton Street/Franklin County Courthouse 15 KV Circuit Relocation Project, in the amount of $78,815.00.
SECTION 2. That this contract modification is in compliance with Section 329.16 of Columbus City Codes, 1959.
SECTION 3. That said construction company shall conduct the work to the satisfaction of the Director of Public Utilities and the Administrator of the Division of Power and Water.
SECTION 4. That from the unappropriated monies in the Electricity Permanent Improvement Fund, and from all monies estimated to come into said fund from any and all sources, and unappropriated for any other purpose during the fiscal year ending December 31, 2009, the sum of $78,815.00, is hereby appropriated to the Division of Power and Water, Division 60-07, Fund 565, Object level One 06, Object level Three 6621, OCA 052043, Project No. 565999.
SECTION 5. That the City Auditor is hereby authorized and directed to transfer $78,815.00 within the Permanent Improvement Fund, Fund No. 565, Object Level Three 6621, Division of Power and Water, Division 60-07, as follows:
Project No. | Project Name | OCA Code | change
565999 | Unallocated Balance | 052043 | -$78,815.00
565100 | Fulton St. Franklin County Courthouse Circuit Relocation | 565100 | +$78,815.00
SECTION 6. That the 2008 Capital Improvements Budget is hereby amended as follows:
Project No. | Project Name | Current Authority | Revised Authority | change
565999-100000 | Unallocated Balance | $ 15,961 | $ 707,515| +$691,554
565999-100000 | Unallocated Balance | $ 707,515| $ 628,700| -$78,815
565100-100000 | Fulton St. Franklin Co. Courthouse Circuit Relocation| $109,750 | $188,565| + $78,815
SECTION 7. That for the purpose of paying the cost of the contract, the following expenditure, or as much thereof as may be needed is hereby authorized as follows: Division of Power and Water (Power), Dept./Div. No. 60-07, Electricity Permanent Improvement Fund No. 565, Project 565100 OCA 565100, Object Level One 06, Object Level Three 6621, Amount $78,815.00.
SECTION 8. 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 9. That the City Auditor is authorized to establish proper project accounting numbers as appropriate.
SECTION 10. 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 11. That for reasons stated in the preamble hereto, which is hereby made a part hereof, this Ordinance is 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.