Explanation
1. BACKGROUND:
The City of Columbus has provided $6,228,395.00 to the Army Corps of Engineers for the installation of a corrosion protection lining system of the Scioto-Main Trunk Sewer, in connection with the West Columbus Local Protection Project. The project is complete, and now requires the City to provide an additional $65,000.00 to pay for the negotiated settlement of construction claims from the contractor. The claims were a result of flooding which occurred during the installation of the liner. This will be the final payment under the terms of the agreement with the Army Corps of Engineers with respect to the Scioto-Main Trunk Sewer project.
2. FISCAL IMPACT:
The Division did not foresee the need for further funding during the preparation of the 2004 or 2005 Capital Improvements Budget, and therefore is requesting City Council to amend the 2004 Capital Improvements Budget to accommodate this additional payment. The projects from which funds from are being transferred from are residual funds no longer required within the affected project account.
3. EMERGENCY DESIGNATION:
The Division is requesting that this ordinance be made an emergency measure in order to provide the required funds immediately as required by the Project Cooperation Agreement between the City of Columbus and the Army Corps of Engineers.
Title
To authorize the Director of Public Utilities to advance payment to the United States of America, Department of the Army, for purposes of authorizing a final construction contract modification and payment for the Scioto Main Trunk Sewer, in connection with the West Columbus Local Protection Project, to authorize the transfer, appropriation, and expenditure of $65,000.00 from the Sanitary Sewer Bond Fund to the Scioto River Flood Control Fund; for the Division of Sewerage and Drainage, and to declare an emergency. ($65,000.00)
Body
WHEREAS, the Congress of the United States, in Public Law 99-662, has specified that the cost of the Scioto River West Flood Wall (West Columbus Local Protection Project-WCLPP) flood control project, including costs of designing the project, shall be shared between the Federal government and the local non federal sponsor; and
WHEREAS, a Project Cooperation Agreement (PCA), as required by Section 221 of the Flood Control Act of 1970, Public Law 91-611, has been authorized by Ordinance No. 1184-93, as passed by Columbus City Council on May 17, 1993, and was also approved by the City Attorney on July 19, 1993
WHEREAS, during the original design phase of the Scioto Main Trunk Sewer Project, the extent of the corrosion in the system due to the generation of hydrogen sulfide gas that produces sulfuric acid in the presence of water was not known. Recent investigations have shown that the system has an increasing problem of corrosion. In the past, the wastewater contained more metals that inhibit the growth of the hydrogen sulfide producing bacteria. Removing these metals has increased the potential for corrosion, also, the expanding service area adds to the corrosion potential by increasing the travel time which allows for the increased production of hydrogen sulfide by the bacteria; and
WHEREAS, Ordinance No. 1732-02, as passed by Columbus City Council on November 18, 2002, authorized the Director of Public Utilities to advance the payment of $4,600,000.00 to the Army Corps of Engineers for the cost of installing a corrosion protection liner in the Scioto Main Trunk Sewer, in connection with the West Columbus Local Protection Project, and
WHEREAS, Ordinance 0704-2003, as passed May 5, 2003 by Columbus City Council provided an additional $1,400,000.00, due to the removal of grit from the Scioto-Main Trunk Sewer from Jackson Pike to Frank Road; increased difficulty caused by the complexity of the Jackson Pike Flow diversion structure; the filling of the joints in the Scioto Main that is required to fulfill the warranty requirements of the corrosion protection system; the installation of new manholes for safety and material access; and
WHEREAS, Ordinance No. 0968-2004, as passed June 21, 2004 by Columbus City Council provided an additional $228,395.00 for the increased costs of additional material overruns; linabond polymer costs; quality assurance services; and construction administration and supervision services that were required to successfully complete the project scope; 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 advance the additional funds necessary to address the settlement of construction claims needed to close the aforementioned contract work; and to authorize the transfer of funds from the Sanitary Sewer Bond Fund to the Scioto River Flood Control Fund; pursuant to fulfilling project funding and scheduling commitments under the terms of the project cooperation agreement, for the 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 City Auditor is hereby authorized to transfer $65,000.00, from within the Sanitary Sewer Bond Fund No. 663; Division 60-05, as follows:
FROM:
Proj. 650138| Blacklick Creek San. Subt.| OCA 642876| Obj. Level 3: 6630| $909.64
Proj. 650195| Rocky Fork Interceptor| OCA 663111| Obj. Level 3: 6630| $5,000.00
Proj. 650315| Compost Facility Active Solar| OCA 642876| Obj. Level 3: 6630| $6,595.11
Proj. 650323| Wastewater Plants Upgrade| OCA 642876| Obj. Level 3: 6630| $138.24
Proj. 650342| Wastewater Treat. Plant Ind.| OCA 642876| Obj. Level 3: 6630| $4,534.73
Proj. 650417| 2nd Ave. San. Siphon| OCA 642876| Obj. Level 3: 6630| $518.15
Proj. 650473| Brewery Area Sep. Dist.| OCA 642876| Obj. Level 3: 6630| $692.50
Proj. 650510| Sewer Maint. Facility| OCA 642876| Obj. Level 3: 6630| $1,611.63
TO:
Proj. 650901| Transfer to Other Funds| OCA 900663| Obj. Level 3: 5501| $65,000.00
Section 2. That the City Auditor is hereby authorized to transfer $65,000.00 from Sanitary Sewer Bond Fund No. 663 to the Scioto River Flood Control Fund No. 727, Department 60-05, as follows:
FROM:
Proj. 650901| Transfer to Other Funds| OCA 900663| Obj. Level 3: 5501| $65,000.00
TO:
Proj. 650892| West Cols. Local Prot. Proj.| OCA 605675| Obj. Level 3: 6630| $65,000.00
Section 3. That $65,000.00 is hereby appropriated for the West Columbus Local Protection Project, within the Scioto River Flood Control Fund No. 727, Department 60-05, as follows:
Proj. 650892| West Columbus Local Protection Project| OCA 605675| Obj. Level 3: 6630| $65,000.00.
Section 4. That the City Auditor be and hereby is, authorized to make payment for the advancement of funds that are required to providing for the funding of final construction costs associated with the Scioto Main Trunk Sewer Project, in accordance with the terms and conditions of the Project Cooperation Agreement on file in the office of the Division of Sewerage and Drainage's Stormwater Program Section.
Section 5. The for the purpose of advancing the funds stated in Section 1 herein, the amount of $65,000.00, or as much thereof as may be needed, be and the same is hereby authorized to be expended within Division 60-05| Scioto River Flood Control Fund No. 727| Department 60-05| Obj. Level Three 6630| Project Account No. 650892| OCA 605675.
Section 6. That the 2004 Capital Improvements Budget Ordinance No. 1059-2004 is hereby amended as follows, to provide sufficient budget authority for the advancement of funds referenced in the preamble hereto.
CURRENT:
Project 650892 - Scioto River West Floodwall - $0
AMENDED TO:
Project 650892 - Scioto River West Floodwall - $65,000.00 (Fund 663 Carryover)
Section 7. 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 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.