1. BACKGROUND:
This legislation authorizes modifying the professional engineering services contract with Brown and Caldwell Ohio, LLC in connection with the Sanitary System Overflow Elimination Project. This contract is one of the most important undertakings currently being performed by the Division of Sewerage and Drainage, as it will establish standards for the operation, maintenance, system extensions, and the development and prioritization of future capital improvement budgets.
This professional services contract was originally procured with a scope that included a multi-year renewable contract option for an entire scope of services. This provision allows the City to appropriate funds annually or on an as-needed basis depending upon the project's progress. This modification will fund services through the first quarter of 2007. The budget estimate for this work is approximately $21,793,123.04, and will involve contract modifications through fiscal year 2009.
These contract services are a direct result of the consent order entered into between the City of Columbus and the Ohio Attorney General's Office. The purpose of the consent order is to resolve allegations that the City has operated its wastewater treatment plants and collection system in such a manner as to result in violation of the National Pollutant Discharge Elimination System (NPDES) permits issued by the State of Ohio. This contract is facilitating the development of the city's comprehensive Wet Weather Management Plan as required under the consent order.
2. PROFESSIONAL ENGINEERING SERVICES MOD. AWARD:
This contract is a multi-year contract that allows the City to appropriate funds on an as-need basis to cover the costs of services for a 12 month period, and it is necessary to fulfill the schedule and funding commitments for this project. This work is a planned, continuation of the services as originally included within the existing contract's scope of service. The contract total, including this modification and fund cancellations is $13,996,015.56. It is also projected that modifications will be required in fiscal years 2007 through 2009, based upon current project schedules. 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 costs have been deemed acceptable with the planned services for the remaining development of this project. These proposed costs were reviewed by division engineering personnel and have been deemed to be reasonable and appropriate.
Title
To authorize the Director of Public Utilities to modify the professional engineering services contract with Brown & Caldwell Ohio, LLC for the Sanitary Sewer Overflow Elimination Project; to authorize the transfer of $2,337,710.37; and the expenditure of $3,197,107.48 from within the Voted Sanitary Bond Fund; to amend the 2005 Capital Improvements Budget, for the Division of Sewerage and Drainage; and to declare an emergency. ($3,197,107.48)
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 Direct or 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, 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, an emergency exists in the usual daily operation of the Division of Sewerage and Drainage, in that 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, safety and welfare, in order to continue with the subject project services, pursuant to fulfilling the stipulated terms and conditions of the aforementioned consent order, it is necessary for the City Council to authorize the appropriation, transfer, and expenditure of funds from the Sewer System Reserve Fund to the Voted Sanitary Bond Fund; and to authorize the Director of Public Utilities to execute Modification No. 3, with Brown & Caldwell Ohio, Inc., in connection with the Sanitary Sewer Overflow Elimination Project, for the preservation of the public health, peace, safety and property; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the City Auditor be and hereby is authorized and directed to transfer a total of $2,337,710.37 from within the Voted Sanitary Bond Fund No. 664, Department 60-05, as follows:
From:
Proj.: 650350| OCA Code 664350| Wastewater Treat. Plant-Renov. - $868,181.39
Proj.: 650351| OCA Code 642918| Wastewater Treatment Plants - $1,469,528.98
To:
Proj.: 650690| OCA Code 664690| Sanitary Sewer Overflow Elim. - $2,337,710.37
Section 2 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 3. That the Director of Public Utilities be, and hereby is, authorized to modify the professional engineering services contract, identified as City Auditor's Contract No. EL003005, with Brown & Caldwell Ohio, LLC., 4700 Lakehurst Court, Columbus, Ohio 43016, for professional engineering services associated with the Sanitary Sewer Overflow Elimination Project, in accordance with the terms and conditions as shown in the Modification No. 3 on file in the office of the Division of Sewerage and Drainage's, Sewer System Engineering Section.
Section 4. That for the purpose of paying the cost of the professional engineering services contract modification the following expenditure, or as much thereof as may be needed, is hereby authorized from the 1991 Voted Sanitary Bond Fund| Fund No. 664| Div.: 60-05| Project: 650690| OCA: 664690| Object Level Three: 6676| Amount: $3,197,107.48.
Section 5. That the 2005 Capital Improvements Budget Ordinance No. 1070-2005 is hereby amended as follows, to provide sufficient budget authority for the project costs covered within the aforementioned contract modification:
CURRENT:
Proj.: 650350| Wastewater Treat. Plant-Renov. - $868,181.39 (Fund 664 Carryover)
Proj.: 650351| Wastewater Treatment Plants - $1,531,602.00 (Fund 664 Carryover)
Proj.: 650690| Sanitary Overflow Elim. Project - $859,397.11 (Fund 664 Carryover)
AMENDED TO:
Proj.: 650350| Wastewater Treat. Plant-Renov. - $0.00 (Fund 664 Carryover)
Proj.: 650351| Wastewater Treatment Plants - $62,073.02 (Fund 664 Carryover)
Proj.: 650690| Sanitary Overflow Elim. Project - $3,197,107.48 (Fund 664 Carryover)
Section 6. That for the reasons stated in the preamble, 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.