Explanation
1. BACKGROUND: This legislation authorizes the Director of Public Utilities to enter into a general engineering services contract with Stantec Consulting Services for various engineering services for the Division of Power and Water (Water). This legislation will tranfer and appropriate $686,641.40 for the Watershed Impervious Surface Pollution Reduction Project from the Water System Reserve Fund to the Water Works Enlargement Voted Bonds Fund.
2. BID INFORMATION: The selection of the firm providing the professional engineering services has been performed in accordance with the procedures set forth in Columbus City Code, Section 329.14, "Awarding professional service contracts through requests for proposals." In addition to the evaluation criteria set forth in this Code, additional evaluation criteria for this contract also included: 1. proposal quality, 2. project schedule, 3. environmentally preferable offeror, and 4. local workforce. Requests for Proposals (RFP's) were received on May 16, 2008 from URS Corporation; Stantec Consulting Service, Inc.; Ribway Engineering Group, Inc.; EMH&T, Inc; ME Companies; and Poggemeyer Design Group.
Upon review of the technical proposals, the bidders were ranked using the criteria mentioned above and Stantec Consulting Service, Inc. was the firm selected to perform general engineering services for various projects. Their Contract Compliance Number is 11-2167170 (expires 1/7/10, Majority). Additional information regarding each bidder, description of work, contract time frame and detailed amounts can be found on the attached Legislation Information Form.
3. FUTURE MODIFICATIONS: Work items shall consist of all field investigations, surveying, and all other professional design services as necessary for the completion of a design report, plans and specifications, and engineering services during construction as it relates to various water distribution and facility projects. This contract will continue through 2011.
Original Contract $686,641.40
Future Modification $400,000.00 (estimated)
Total Contract $1,086,641.40
4. FISCAL IMPACT: This legislation includes a transfer of funds from the Water System Reserve Fund to the Water Works Enlargement Voted Bonds Fund as a temporary measure until such time as the proceeds from a bond sale can be made available. Monies for this contract from the Water System Reserve Fund will be provided from an upcoming Bond Sale via the transfer detailed in this Ordinance.
5. JUSTIFICATION FOR EMERGENCY DESIGNATION: The construction portion of the Watershed Impervious Surface Pollution Reduction Project has been awarded American Recovery and Reinvestment Act (ARRA) stimulus funding and is scheduled to begin in early fall. Emergency designation is requested to ensure design is completed in time to begin construction according to schedule which will eliminate the risk of losing the ARRA (stimulus) funding.
Title
To authorize the Director of Public Utilities to execute a general engineering services contract with Stantec Consulting Services, Inc. for various engineering projects and for the design engineering of the Watershed Impervious Surface Pollution Reduction Project; to authorize the appropriation and transfer of $686,641.40 from the Water System Reserve Fund to the Water Works Enlargement Voted Bonds Fund; to authorize the expenditure of $686,641.40 from the Water Works Enlargement Voted Bonds Fund for the Division of Power and Water; and to declare an emergency. ($686,641.40)
Body
WHEREAS, six bids were received and publicly opened in the offices of the Director of Public Utilities on May 16, 2008 for general engineering service; and
WHEREAS, now the Division of Power and Water needs design engineering services performed for the Watershed Impervious Surface Pollution Reduction Project and to encumber and expend $686,641.40; and
WHEREAS, it is necessary to authorize the Director of the Department of Public Utilities to award and execute a general engineering services contract for the aforementioned project to Stantec Consulting Services, Inc.; and
WHEREAS, it is necessary for this Council to authorize the City Auditor to transfer funds from the Water System Reserve Fund to the Water Works Enlargement Voted Bonds Fund; and
WHEREAS, the City anticipates incurring certain Original Expenditures (as defined in Section 1.150-2(c) of the Treasury Regulations (the "Treasury Regulations") promulgated pursuant to the Internal Revenue Code of 1986, as amended) with respect to the construction of the Project described in this Ordinance (collectively, the "Project").
WHEREAS, an emergency exists in the usual daily operation of the Division of Power and Water, Department of Public Utilities, to authorize the Director of Public Utilities to enter into a general engineering services contract for various engineering projects including the Watershed Impervious Surface Pollution Reduction Project, to expend $686,641.40; and to authorize the appropriation and transfer of funds from the Water System Reserve Fund to the Water Works Enlargement Voted Bonds Fund, 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 Director of Public Utilities be and hereby is authorized to award and execute a general engineering services contract for various water projects including the Watershed Impervious Surface Pollution Reduction Project based upon bids received and award in compliance with the Columbus City Code Section 329.14 to Stantec Consulting Services, Inc.; 1500 Lake Shore Drive, Suite 100, Columbus, Ohio 43204, in the amount of $686,641.40.
SECTION 2. That from the unappropriated monies in the Water System Reserve Fund, Fund 603, 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, 2009, the sum of $686,641.40, is hereby appropriated to the Division of Power and Water, Division 60-09, Object level One 10, Object level Three 5502, OCA 695056.
SECTION 3. That the City Auditor is hereby authorized and directed to transfer $686,641.40 from the Water System Reserve Fund to the Water Works Enlargement Voted Bonds Fund, Fund No. 606, into the appropriate project account as specified within Section 4 herein, at such time as deemed necessary by him, and to expend said funds, or so much thereof as may be necessary.
SECTION 4. That the appropriation and expenditure of $686,641.40 is hereby authorized for the Watershed Impervious Surface Pollution Reduction Project within the Water Works Enlargement Voted Bonds Fund, Fund No. 606, Division 60-09, Project No. 690506, Object Level Three 6677, OCA Code 642900.
SECTION 5. That upon obtaining other funds for the purpose of funding water system capital improvement work, the City Auditor is hereby authorized to repay the Water System Reserve Fund the amount transferred under Section 3 above, and said funds are hereby deemed appropriated for such purpose.
SECTION 6. 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 7. That the City Auditor is hereby authorized and directed 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 no longer required for said project; except that no transfer shall be made from a project account by monies from more than one source.
SECTION 8. That the City Auditor is authorized to establish proper project accounting numbers as appropriate.
SECTION 9. That the City intends that this Ordinance constitute an "official intent" for purposes of Section 1.150-2(e) of the Treasury Regulations, and that the City reasonably expects to reimburse itself for certain Original Expenditures incurred with respect to the Project from the proceeds of obligations to be issued by the City in a principal amount currently estimated to be $686,641.40 (the "Obligations").
The City intends to make a reimbursement allocation on its books for the Original Expenditures not later than eighteen months following the later to occur of the date of the Original Expenditure to be reimbursed or the date the Project for which such Original Expenditures were made is "placed in service" within the meaning of Treasury Regulations Section 1.150-2(c). Upon the issuance of the Obligations, the proceeds of such Obligations shall be used to reimburse the Water System Reserve Fund 603, which is the fund from which the advance for costs of the Project will be made.
SECTION 10. That for 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.