Explanation
1. BACKGROUND
This legislation authorizes the Director of Public Service to modify and increase the construction contract with Double Z Construction Company for the Bridge Rehabilitation - James Road Over Mason Run North of 7th project in an amount up to $95,021.26 to reimburse the contractor for cost incurred to remove contaminated soil. No additional funds are needed for inspection services.
On 9/20/12, during the excavation for the footings for the wingwalls on the proposed culvert over Mason Run, the contractor encountered soil that they believed may be contaminated. The soil had a diesel fuel type smell and was almost black in color. The contractor encountered this soil around 1pm and shortly thereafter called Lawhon & Associates, Inc. so that they could get a soil sampling. Lawhon arrived on site the next day and retrieved a soil sample and it was then sent to Advanced Analytics Laboratories for rush analysis. A soils report was published by Lawhon & Associates on 9/25/12 showing that many compounds were found within the samples with the largest concentrations being Trichloroethene (TCE). These concentrations were above soil standards according to the EPA. The contractor was asked to suspend excavation activities until the soil could be removed. During that time, Lawhon & Associates took additional soil samples to determine the limits of contamination. It was concluded that the entire footprint of the footings and box culvert would be removed to a depth of one (1) foot below the bottom of the proposed footings and capped with a one (1) foot layer of CDF.
The excavation of the contaminated soil was performed on 10/4/12 by Enviroserve. This excavation was also monitored by Lawhon & Associates. Another sample was taken and sent to North Coast Environmental Laboratories to be fully analyzed to determine the best method for disposal. Ten containers were used to store the excavated material on site until it could be transported for disposal. On 11/1/12, Enviroserve transported the ten storage containers to Michigan Disposal Waste Treatment Plant. In all, 154.36 Tons of material were excavated, transported and disposed of. The total invoiced cost for this work was $129,103.95. This change order represents all costs associated with testing, removal, storage, transportation, and disposal of the contaminated soils above and beyond the original project contingency. The remaining $34,082.69 will be paid in change order #4.
The amount of this modification was arrived at through negotiations with the contractor and determined by actual cost incurred to remediate contaminated soil from the City's bridge project.
Original contract amount: $316,190.60 (Ordinance 0130-2012, City contract number EL013272)
Modification #1: $95,021.26
Total contract amount including this Modification: $411,211.86
Searches in the System for Award Management (Federal) and the Findings for Recovery list (State) produced no findings against Double Z Construction Company.
2. CONTRACT COMPLIANCE
The contract compliance number for Double Z Construction Company is 311788042 and expires 3/4/15.
3. FISCAL IMPACT
Funds are available for this modification within the Streets & Highways G.O. Bond, number 704. A C.I.B. amendment is necessary to establish authority within the correct project.
4. EMERGENCY DESIGNATION
The Department of Public Service is requesting City Council to enact this legislation as an emergency measure in order to allow for the execution of a construction contract modification at the earliest possible time to reimburse the contractor for expenses incurred to remediate contaminated soil from the bridge project that was in process.
Title
To authorize the City Auditor to transfer of cash and appropriation within the Streets & Highways Bond Fund; to authorize the Director of Public Service to modify and increase the construction contract with Double Z Construction Company for the Bridge Rehabilitation - James Road Over Mason Run North of 7th; to authorize the expenditure of $95,021.26 from the Street and Highway Improvement Fund; and to declare an emergency. ($95,021.26)
Body
WHEREAS, the original contract no. EL013272 was authorized by ordinance no. 0130-2012; and
WHEREAS, this ordinance authorizes additional funding in the amount of $95,021.26 to address contaminated soil issues associated with the James Road over Mason Run Bridge project; and
WHEREAS, the Department of Public Service has determined it to be in the City's best interest to modify the subject contract for purposes of adding additional work to remediate contaminated soil; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Service, in that the contract should be modified and increased to reimburse the contractor for expenses incurred to remediate contaminated soil from the James Rd. over Mason Run bridge project that was in process, thereby preserving the public health, peace, property, safety and welfare; now, therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the City Auditor be and is hereby authorized to transfer cash and appropriation within the Streets & Highways G.O. Bond Fund,No. 704, as follows:
Transfer from:
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / Amount
704 / 530301-161735 / Bridge Rehabilitation - Noe-Bixby Road Over Stream South of Main Street East 06-6600 / 741735 / $95,021.26
Transfer to:
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / Amount
704 / 530301-161263 / Bridge Rehabilitation - James Road Over Mason Run North of 7th / 06-6600 / 740163 / $95,021.26
SECTION 2. That the Director of Public Service be and is hereby authorized to modify and increase contract no. EL013272, with Double Z Construction Company, 2550 Harrison Road, Columbus, OH, 43204, by $95,021.26 for additional work incurred to remediate contaminated soil from the James Rd. over Mason Run project.
SECTION 3. That for the purpose of paying the cost of this contract modification, the sum of $95,021.26 or so much thereof as may be needed, is hereby authorized to be expended from the Streets & Highways G.O. Bond Fund, No. 704 as follows:
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / Amount
704 / 530301-161263 / Bridge Rehabilitation - James Road Over Mason Run North of 7th / 06-6631 / 740163 / $95,021.26
SECTION 4. That the funds necessary to carry out the purpose of this ordinance are hereby deemed appropriated, and the City Auditor shall establish such accounting codes as necessary.
SECTION 5. 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 6. That the City Auditor is hereby authorized to transfer the unencumbered balance in a 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.
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.