Explanation
1. BACKGROUND:
A. Need. This legislation authorizes the Director of Public Utilities to modify the construction contract with Kokosing Construction Company, Inc. for the Southerly Wastewater Treatment Plant New Headworks Project. The Kokosing Construction Company, Inc. modification amount requested under this ordinance is $450,000.00. The contract total including this modification is $46,892,099.00. These additional monies will fund costs of needed additions to the contract work that have become necessary to complete the Screen and Grit Facilities construction, the total of which would exceed the contract contingency amount. Due to the complex and comprehensive nature of this project, this additional work could not be foreseen, and it is not practical or feasible to undertake a new procurement to deliver these services. At the current time, division engineering and the City's construction manager are confident that the funds authorized by this contract modification will be sufficient to complete the scope of work, and ensure optimum operational use of this infrastructure.
B. Contract Compliance No.: 311023518-001 (MAJ) (Expires 03/14/2010)
C. Emergency Designation: The Division of Sewerage and Drainage is requesting City Council to designate this ordinance an emergency measure in order to allow for the immediate commencement of this work. This expediency is justified in order to fulfill the City's capital improvement project scheduling commitments set forth within the consent agreement between the City and the Ohio Attorney General's Office that addresses the City's wet weather wastewater overflows.
2. FISCAL IMPACT:
This ordinance authorizes the transfer of funds within the Voted Sanitary Sewer Bond Fund (664) for the purpose of providing the necessary funding required for this expenditure. There will also be an amendment to the 2008 Capital Improvements Budget to provide sufficient budget authority for the current project. This legislation will authorize the expenditure of $450,000.00 within the Voted Sanitary Sewer Bond Fund.
Title
To authorize the Director of Public Utilities to execute a final contract modification with Kokosing Construction Company, Inc. for the Southerly Wastewater Treatment Plant New Headworks Project; to authorize the transfer of $450,000.00 from within the Voted Sanitary Sewer Bond Fund; to amend the 2008 Capital Improvements Budget; to authorize the expenditure of $450,000.00 within the Voted Sanitary Sewer Bond Fund for the Division of Sewerage and Drainage; and to declare an emergency. ($450,000.00).
Body
WHEREAS, Contract No. EL005302 was authorized by Ordinance No.0200-2005, as passed by Columbus City Council on March 28, 2005 for purposes of authorizing the Director of Public Utilities to enter into a construction contract with Kokosing Construction Company, Inc. for the Southerly Wastewater Treatment Plant New Headworks Project; and
WHEREAS, it is necessary to modify this contract to provide additional monies to cover the cost of needed additions to the contract work which exceeds the available contingency amounts provided in the contract, pursuant to completion of the Screen and Grit Facilities construction; and
WHEREAS, it is necessary to authorize the transfer of funds within the Voted Sanitary Sewer Bond Fund to provide sufficient funding for the aforementioned project expenditure; and
WHEREAS, it is necessary to authorize an amendment to the 2008 Capital Improvements Budget for the purpose of providing sufficient spending authority for the aforementioned project expenditure; and
WHEREAS, it is necessary for City Council to authorize the expenditure of funds from Voted Sanitary Sewer Bond Fund; 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 construction contract with Kokosing Construction Company, Inc. for Southerly Wastewater Treatment Plant New Headworks Project, in order to fulfill the City's capital improvement project scheduling commitments set forth within the consent agreement between the City and the Ohio Attorney General's Office that addresses the City's wet weather wastewater overflows; for the immediate 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 No. EL005302 with Kokosing Construction Company, Inc., 886 McKinley Avenue, Columbus, Ohio 43222 for construction of the Southerly Wastewater Treatment Plant New Headworks Project, Construction Contract S67 in order to provide for needed additions to the contract work, in accordance with the terms and conditions as shown in the Modification on file in the office of the Division of Sewerage and Drainage.
Section 2. That the City Auditor is hereby authorized and directed to transfer $450,000.00 for the Southerly Wastewater Treatment Plant New Headworks Project from within the Voted Sanitary Sewer Bond Fund (664) as follows:
FROM:
Proj. No. | Proj. Name | OCA | OL3 | Amount
650489 | Big Run Sanitary Subtrunk | 664489 | 6624 | $450,000.00
TO:
Proj. No. | Proj. Name | OCA | OL3 | Amount
650352 | SWWTP New Headworks | 650352 | 6624 | $450,000.00
Section 3. That the 2008 Capital Improvements Budget Ordinance No. 0690-2008 is hereby amended as follows, to create budget authority for prior cancellation and to provide sufficient budget authority for the execution of the construction contract stated herein.
Transfer for current contract:
Fund | Sub Fund | Fund Name | Current | Revised | (Change in Authority)
664 | 650489-100000 | Big Run Sanitary Subtrunk | $562,376.00 | $112,376.00 | (-$450,000.00)
664 | 650352-100000 | SWWTP New Headworks | $4,952,000.00 | $5,402,000.00 | (+$450,000.00)
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: Div. 60-05 | Fund No. 664 | SWWTP New Headworks | Project No. 650352 | Object Level Three 6624 | OCA Code 650352 | Amount $450,000.00.
Section 5. 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 6. That the City Auditor is authorized to establish proper project accounting numbers as appropriate.
Section 7. 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 8. 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.