Explanation
1. BACKGROUND: This legislation authorizes the Director of Public Utilities to modify the professional engineering services contract with Malcolm Pirnie, Inc. for engineering services that are required for the successful completion of the Southerly Wastewater Treatment Plant New Headworks Project. This legislation further requests Council to authorize the appropriation, transfer and expenditure of funds from the Sewer System Reserve Fund to the Ohio Water Pollution Control Loan Fund.
The purpose of this project is to construct a new raw sewage pump building at the Southerly Wastewater Treatment Plant. The existing, original headworks facility would require extensive renovation work to maintain reliable service. It is less expensive and more expeditious to replace the facilities. The new facility will provide additional flow capacity and expandability to the wastewater treatment facility. The sequencing of this project requires coordination with the recently commenced Big Walnut Augmentation Rickenbacker Interceptor Sewer Project which will connect to this project that is located along the northeastern boundary of the Southerly Wastewater Treatment Plant.
2. PROFESSIONAL ENGINEERING SERVICES CONTRACT MODIFICATION:
The subject modification is needed to provide engineering services during construction that are currently estimated to cost $3,792,000.00. 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 potential need for the additional work was foreseen and so stated in the original contract's legislation explanation. This additional work is a direct, logical extension of the work included in the contract 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. The cost of the modification is a continuation of the contractor's current pricing structure, as verified by City staff. The contract total including this modification is $12,492,000.00. The cost of these services is consistent with those provided for under the existing contract.
3. FISCAL IMPACT: The Division of Sewerage and Drainage will be receiving financial assistance 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 0271-2004. The transfer of funds from the Sewer System Reserve Funds is a temporary funding measure until such time as reimbursement for expenditures from 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 for the overall coordination between this project and the Big Walnut Augmentation Rickenbacker Interceptor Sewer Project. Failure to properly coordinate this work could cause the city to be held liable for potential delay claims. This project is necessary to achieve compliance with the August 1, 2002 Consent Order with the Attorney General of the State of Ohio.
Title
To authorize the Director of Public Utilities to modify the professional engineering services contract with Malcolm Pirnie, Inc. for the Southerly Wastewater Treatment Plant New Headworks Project; to authorize the appropriation, transfer and expenditure of $3,792,000.00 from the Sewer System Reserve Fund to the Ohio Water Pollution Control Loan Fund; and to declare an emergency. ($3,792,000.00)
Body
WHEREAS, Ordinance No. 2026-97, as passed on July 28, 1997 authorized the Director of Public Utilities to execute Contract No. CT-18653 with Malcolm Pirnie, Inc. in connection with the Southerly Wastewater Treatment Plant New Headworks Project; and
WHEREAS, the subject contract included a provision that allowed the City to request a modification to the contract upon the completion of the construction plans and specifications, in order to provide the engineering services during the construction phase of the project; to wit; a successful scope and cost have been duly negotiated between the Division's engineering personnel and the firm of Malcolm-Pirnie, Inc.; 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 for the City Council to authorize the City Auditor to appropriate and transfer funds from the Sewer System Reserve Fund to the the Ohio Water Pollution Control Loan Fund; and to authorize the Director of Public Utilities to modify the aforementioned contract; which are immediatley necessary to ensure that the subject project work is immediately commenced as is required to fulfill the sequencing of this project work with the work currently underway on the Big Walnut Augmentation Rickenbacker Interceptor Project that is necessary to achieve compliance with the August 1, 2002 Consent Order with the Attorney General of the State of Ohio, 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 then 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 $3,792,000.00 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 $3,792,000.00 from the Sewer System Reserve Fund to the Ohio Water Pollution Control Loan Fund No. 666, into the Southerly Wastewater Treatment Plant New Headworks Project, Project No. 650352; 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 $3,792,000.00 is hereby appropriated for the Southerly Wastewater Treatment Plant New Headworks Project, within the Ohio Water Pollution Control Loan Fund No. 666| Division 60-05| Project 650352| OCA Code 650352| Object Level Three No. 6678.
Section 4. That the Director of Public Utilities be, and hereby is, authorized to modify Contract No. CT-18653 with Malcolm Pirnie, Inc., 1900 Polaris Parkway, Suite 200, Columbus, Ohio 43240 in order to provide professional engineering services during construction of the Southerly Wastewater Treatment Plant New Headworks 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 5. That for the purpose of paying the cost of the aforementioned professional engineering contract modification, the expenditure of $3,792,000.00, is hereby is authorized from the Ohio Water Pollution Control Loan Fund No. 666| Project 650352| OCA Code 650352| Object Level Three No. 6678.
Section 6. 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.