Explanation
1. BACKGROUND: This legislation authorizes the Director of Public Utilities to modify the following contracts in connection with the construction of the Jackson Pike Wastewater Treatment Plant Sludge Handling and Dewatering Improvements Project:
a. DLZ OHIO, Inc.: The Division of Sewerage and Drainage is requesting authority for the Director to modify this contract for purposes of providing the additional services related to construction contract procurement; and for the engineering services required during the construction phase of the project ($1,216,991.65). The Division of Sewerage and Drainage has determined that these services cannot be performed by city personnel at this time, and has planned for the procurement of these services on a routine basis. The contract total including this modification is $7,162,236.80. The cost of these services is consistent with those provided for under the existing contract.
b. H.R. GRAY & ASSOC., Inc. The Division of Sewerage and Drainage is requesting authority for the Director to modify this existing contract for purposes of providing construction management services that are required for the successful completion of the construction phase of the project ($725,700). The Division of Sewerage and Drainage has determined that these services cannot be performed by city personnel at this time, and established this contract for the purposes of funding project needs incrementally by modification at such time as the construction contract work is ready to proceed. The contract total including this modification is $13,927,784.85. The cost of these services is consistent with those provided for under the existing contract.
The potential need for the additional work stipulated within the aforementioned contract modifications was foreseen and so stated in the original contracts' legislation explanation. This additional work is a direct, logical extension of the work included in the contracts and is required immediately. It is not deemed either feasible or reasonable to suspend work with the entities currently under contract and undertake continuation of the work under a new procurement.
3. FISCAL IMPACT: The Division of Sewerage and Drainage will be receiving financial assitance for this project through a loan from the Ohio Water Development Authority (OWDA). The Division has included a request for the necessary capital improvements budget authority and the appropriation of loan proceeds within companion ordinance 0345-2004. The transfer of funds from the Sewer System Reserve Fund is a temporary funding measure until such time as reimbursement for expenditures fro this contract can be processed through the OWDA.
4. 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 by the need to proceed as soon as possible and without interruption, in order not to delay the project schedule as submitted and approved to the Ohio EPA.
Title
To authorize the Director of Public Utilities to modify the professional engineering services contract with DLZ Ohio, Inc. and the construction management services contract with H.R. Gray & Associates, Inc., in connection with the Jackson Pike Wastewater Treatment Plant Sludge Handling and Dewatering Improvements Project; to authorize the appropriation, transfer and expenditure of $1,942,691.65 from the Sewer System Reserve Fund to the Ohio Water Pollution Control Loan Fund; and to declare an emergency. ($1,942,691.65)
Body
WHEREAS, Ordinance No. 1355-98, as passed June 1, 1998, authorized the Director of Public Utilities to execute Contract No. CT19521 with DLZ Ohio, Inc. for the preparation of construction plans and specifications in connection with the Jackson Pike Wastewater Treatment Plant (JPWWTP) Sludge Handling and Dewatering Improvements Project; and
WHEREAS, Ordinance No. 3135-97, as passed December 15, 1997, authorized the Director of Public Utilities to execute Contract No. CT-19099 with H.R. Gray & Associates Inc., for purposes of providing construction management services to the Division of Sewerage and Drainage for various projects contained within its capital improvements plan; and
WHEREAS, an emergency exists in the usual daily operation of 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 aforementioned service agreements in order to provide engineering services during construction; and construction management services, pursuant to the timely and successful construction of the JPWWTP Sludge Handling and Dewatering Improvements Project and in order not to delay the project schedule as submitted to and approved by the Ohio EPA, 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 from the unappropriated monies in the Sewer System Reserve 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, 2004, the sum of $1,942,691.65 is hereby appropriated to the Division of Sewerage and Drainage, Division 60-05| Object Level One: 10| Object Level Three 5502| OCA Code 901553.
Section 2. That the City Auditor is hereby authorized to transfer $1,942,691.65 from the Sewer System Reserve Fund to the Ohio Pollution Control Loan Fund No. 666, into the JPWWTP Sludge Handling and Dewatering Improvements Project, Project No. 650246; at such time as deemed necessary by him, and to expend said funds, or so much thereof as may be necessary.
Section 3. That the amount of $1,942,691.65 is hereby appropriated for the JPWWTP Sludge Handling and Dewatering Improvements Project, within the Ohio Water Pollution Control Loan Fund No. 666| Division 60-05| Project 650246| OCA Code 651246| Object Level Three No. 6678.
Section 4. That the Director of Public Utilities be, and hereby is, authorized to modify the professional engineering service agreement, Contract No. CT19521 with DLZ Ohio, Inc. 5121 Huntley Road, Columbus, Ohio 43229; and to pay up to a maximum amount of $1,216,991.65 for additional services related to construction contract procurement and engineering services during the construction of the JPWWTP Sludge Handling and Dewatering Improvements, in accordance with the terms and conditions as shown in the contract modification agreement on file in the General Engineering Section of the Division of Sewerage and Drainage.
Section 5. That the Director of Public Utilities be, and hereby is, authorized to modify the construction management services agreement, Contract No. CT-19099 with H.R. Gray & Associates, Inc., 1335 Dublin Road, Suite 100-B, Columbus, Ohio 43215; and to pay up to a maximum amount of $725,700.00 for construction management services required during the construction of the JPWWTP Sludge Handling and Dewatering Improvements, in accordance with the terms and conditions as shown in the contract modification agreement on file in the General Engineering Section of the Division of Sewerage and Drainage.
Section 6. That for the purpose of paying the cost of the professional service contract modifications referenced within Sections 4 and 5 herein, the expenditure of $1,942,691.65, is hereby is authorized from the Ohio Water Pollution Control Loan Fund No. 666| Project 650246| OCA Code 651246| Object Level Three No. 6678.
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.