Explanation
1. BACKGROUND:
A. Need. This legislation authorizes the Director of Public Utilities to modify the professional engineering services agreement with DLZ Ohio, Inc., for the Olentangy Scioto Interceptor Sewer (OSIS) - Downtown Odor Control Project. The DLZ Ohio, Inc. modification #2 the amount requested under this ordinance is $262,828.20. The contract with DLZ Ohio, Inc. was to evaluate odors emanating from sanitary/combined sewers in the downtown riverfront area, provide design services, preparation of bidding documents, and perform engineering services during construction for the odor control facilities.
The Original contract with DLZ, Inc. was to evaluate odors emanating from sanitary/combined sewers in the downtown riverfront area and provide design services, preparation of bidding documents and perform engineering services during construction of the odor control facilities.
Modification #1 was to provide funds for coordination of OARS odor control facilities into this project. It also funded Phase 2 Environmental Site Assessment, preparation of Demolition Plans and soil remediation/clean up at Short St., incorporation of landscape and stormwater/floodplain management features, and start-up and O&M training for the biofilter facilities.
This modification is required to complete construction phase design services. Specifically, temporary parking lot design (including security features coordination), site compliance plan approval efforts, contaminated soil removal supervision, additional design efforts related to discovery and disposition of unknown building foundations and abandoned tanks, and other additional services not foreseen at the time of Modification No. 1 preparation.
Amount of additional funds to be expended: $262,828.20
Original Contract $ 229,649.26
Modification No. 1 $1,214,852.97
Modification No. 2 (Current) $ 262,828.20
CURRENT PROPOSED TOTAL $1,707,330.43
Reasons additional goods/services could not be foreseen:
Parking lot design features, including safety requirements, were not known at the time of the Mod. No. 1. Underground conditions discovered during construction required engineering involvement beyond the original scope. Additional bid phase services were required due to re-bidding of the project.
Reason other procurement processes are not used:
Procurement of new engineering services would significantly delay completion of this project as well as the OARS project, making City's compliance with the EPA Combined Sewer Overflow Consent Order unattainable.
How cost of modification was determined:
The scope of services and costs were developed by the Engineer and reviewed by the Division of Sewerage and Drainage SSES Project Manager.
B. Contract Compliance No.: 31-1268980 | ASN | Exp 02/22/2013
C. Emergency Designation: Emergency designation is being requested for this ordinance. This legislation is authorizes work that needs to accompany the construction phase of the project.
2. FISCAL IMPACT:
This ordinance authorizes the transfer within and expenditure of $262,828.20 from the Sanitary Sewer General Obligation Fund, Fund 664 and to amend the 2012 Capital Improvements Budget.
Title
To authorize the Director of Public Utilities to execute a contract modification for the professional engineering services agreement with DLZ Ohio, Inc. for the Olentangy Scioto Interceptor Sewer (OSIS) - Downtown Odor Control Project; to authorize the transfer within and expenditure of $262,828.20 from the Sanitary Sewer General Obligation Fund; to amend the 2012 Capital Improvements Budget, for the Division of Sewerage and Drainage; and to declare an emergency. ($262,828.20)
Body
WHEREAS, Contract No. EL004032 was authorized by Ordinance No. 2169-2003, as passed by Columbus City Council on October 27, 2003 for purposes of authorizing the Director of Public Utilities to enter into a contract for professional engineering services with DLZ Ohio, Inc. for the Olentangy Scioto Interceptor Sewer - Downtown Odor Control Project; and
WHEREAS, Contract No. EL009062 was authorized by Ordinance No. 1854-2008, passed December 08, 2008, executed January 27, 2009, and signed by the City Attorney on January 30, 2009 for purposes of authorizing the Director of Public Utilities to enter into a contract for professional engineering services with DLZ Ohio, Inc. for the Olentangy Scioto Interceptor Sewer - Downtown Odor Control Project; and
WHEREAS, it is necessary to authorize the transfer within and the expenditure of funds within the from the Sanitary Sewer General Obligation Fund, Fund 664 to provide sufficient funding for the aforementioned project expenditure; and
WHEREAS, it is necessary to authorize an amendment to the 2012 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 Department of Public Utilities in that it is immediately necessary to authorize the Director of Public Utilities to modify the professional engineering services agreement with DLZ Ohio, Inc., for purposes of funding the engineering services now needed for the Olentangy Scioto Interceptor Sewer - Downtown Odor Control Project at the earliest to allow for the proper operation of the City's sanitary system, as well as, for the preservation of the public peace, health, property, and welfare; 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 No. EL004032 with DLZ Ohio, Inc., 6121 Huntley Road, Columbus, OH 43229-1003, for professional engineering services for the Olentangy Scioto Interceptor Sewer - Downtown Odor Control Project, in accordance with the terms and conditions as shown in the contract modification on file in the office of the Division of Sewerage and Drainage.
Section 2. That the City Auditor is hereby authorized to transfer $223,143.65 within the Sanitary Sewer General Obligation Fund, Fund 664 | Division of Sewerage and Drainage | Div. 60-05 | Obj Lvl 3 6676;
FROM:
Proj. No. | Proj. Name | OCA | Amount
664 | 650706-100000 | Lower Olentangy River Ecosystem Restoration | 650706 | -$223,143.65
TO:
Proj. No. | Proj. Name | OCA | Amount
664 | 650691-100002 | OSIS - Downtown Odor Control Project | 646912 | +$223,143.65
Section 3. That the 2012 Capital Improvements Budget Ordinance No. 0368-2012 is hereby amended as follows, to provide sufficient budget authority for the award of the agreement stated herein.
Project No. | Project Name | Current Authority | Revised Authority | (Change)
664 | 650706-100000 | Lower Olentangy River Ecosystem Restoration | $250,000 | $26,857 | -$223,144
664 | 650691-100002 | OSIS - Downtown Odor Control Project | $39,685 | $262,829 | (+$223,144)
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, be and the same is hereby authorized as follows: Division 60-05 | Fund 664 | Olentangy Scioto Interceptor Sewer - Downtown Odor Control Project | Project No. 650691-100002 | Obj Lvl 3 6676 | 646912 | Amount $262,828.20.
Section 5. 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 6. 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 are no longer required for said project; except that no transfer shall be made from a project 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 for the reasons stated in the preamble hereto, 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 its passage if the Mayor neither approves nor vetoes the same.