Explanation
1. Background: This legislation authorizes the Director of Public Utilities to modify the professional engineering services agreement with Malcolm Pirnie, Inc. for the Wastewater Treatment Facilities Upgrade - General Program, Project 650360-100001. The Malcolm Pirnie, Inc. modification amount requested under this ordinance is $4,840,000.00. The contract total including this modification is $6,840,000.00.
The contract provides engineering and technical assistance with planning, designing, constructing and operating facilities under the Division's capital improvements program. This contact was initiated in 2010 to provide services for a six (6) year period, and is being funded incrementally. The approximate annual funding by contract modification was planned and was explained in the original contract's legislation. The proposed modification will provide funding for services estimated to be needed through April, 2012. It is not deemed either feasible or reasonable to suspend work with the entity currently under contract and undertake continuation of these services with another provider. The Division 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.
1.1. Amount of additional funds to be expended: $4,840,000.00
Original Contract $ 2,000,000.00
Proposed Modification No. 1 $ 4,840,000.00
Proposed Modification No. 2 (estimated 2011 funding) $ 2,194,000.00
Proposed Modification No. 3 (estimated 2012 funding) $ 2,194,000.00
Proposed Modification No. 4 (estimated 2013 funding) $ 2,194,000.00
Proposed Modification No. 5 (estimated 2014 funding) $ 2,194,000.00
CURRENT PROPOSED TOTAL $15,616,000.00
1.2. Reasons additional goods/services could not be foreseen:
This Contract Modification No. 1 was planned and anticipated, and so stated in the original contract's legislation. It is a planned continuation of the services originally included within the existing contract's scope of service.
1.3. Reason other procurement processes are not used:
In so much as this work was planned for and anticipated within the original procurement, and due to the highly complex and technical nature of the engineering assistance provided to the City and its design professionals in planning and coordination of the work, it is not reasonable or cost efficient to undertake a new procurement effort to acquire these services. The lengthy process for initiating a new procurement, and for a new entity to gain understanding of the project, would likely cause an unacceptable project delay and additional cost.
1.4. How cost of modification was determined:
A cost proposal was provided by Malcolm Pirnie, Inc. and reviewed by the Division of Sewerage and Drainage and was deemed acceptable. The cost of this contract modification is consistent with the direct labor, and overhead, rates established within the original proposal. The profit rate is lower than the original proposal.
3. Contract Compliance No.: 13-2653703| MAJ | Expires 03/09/2012
This company is not debarred according to the Federal excluded parties listing or prohibited from being awarded a contract according to the Auditor of State unresolved findings for recovery certified search database.
4. Emergency Designation: Emergency designation is requested.
5. FISCAL IMPACT:
This ordinance authorizes the Director of Public Utilities to transfer within and expend $4,840,000.00 in funds from the B.A.B.s (Build America Bonds) Fund, Fund 668 for this expenditure and amend the 2011 Capital Improvements Budget to establish sufficient budget authority.
Title
To authorize the Director of Public Utilities to execute a contract modification for professional engineering services agreement with Malcolm Pirnie, Inc. Wastewater Treatment Facilities Upgrade - General Program; to transfer within and expend $4,840,000.00 from the Sewers Build America Bonds Fund, and amend the 2011 Capital Improvements Budget for the Division of Sewerage and Drainage; and to declare an emergency. ($4,840,000.00)
Body
WHEREAS, Contract No. EL010117 was authorized by Ordinance No. 0041-2010, as passed by Columbus City Council on February 1, 2010 for purposes of authorizing the Director of Public Utilities to enter into a contract for professional engineering Malcolm Pirnie, Inc. for the Wastewater Treatment Facilities Upgrade - General Program; and
WHEREAS, it is necessary to modify the subject contract in order to provide funding for additional engineering services now required for this project; and
WHEREAS, it is necessary to authorize the transfer within of funds from the Sanitary B.A.B. (Build America Bonds) Fund in the amount of $4,840,000.00 for purposes of providing sufficient funding for the aforementioned project expenditure; and
WHEREAS, it is necessary for City Council to authorize the expenditure of funds from the Sanitary B.A.B.s (Build America Bonds) Fund; and
WHEREAS, it is necessary to authorize an amendment to the 2011 Capital Improvements Budget for the purpose of providing sufficient spending authority for the aforementioned project expenditures; and
WHEREAS, an emergency exist in the usual daily operations of the Division of Sewerage and Drainage, Department of Public Utilities, in that it is immediately necessary for this Council to authorize the Director of Public Utilities to modify the aforementioned professional engineering services agreement with Malcolm Pirnie, Inc. for the Wastewater Treatment Facilities Upgrade - General Program, at the earliest practical date for the immediate preservation of the public health, welfare, peace, property, safety, and; 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 modify Contract No. EL010117 with Malcolm Pirnie, Inc., 1900 Polaris Parkway, Suite 200, Columbus OH 43240-2020, for professional engineering services for the Wastewater Treatment Facilities Upgrade - General Program, 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 2. That the City Auditor is hereby authorized to transfer of $2,899,551.00 within the Department of Public Utilities, Division of Sewerage and Drainage, Dept/Div. No. 60-05, Sewerage and Drainage Sanitary B.A.B.s (Build America Bonds) Fund, Fund No. 668, Object Level Three 6676, as follows:
From:
Project No. | Project Name | OCA Code | Change
650352-100000 | SWWTP New Headworks | 668352 | -$1,234,441.00
650404-100000 | Sanitary System Rehabilitation | 668404 | -$1,665,110.00
To:
Project No. | Project Name | OCA Code | Change
650360-100001| Wastewater Treatment Facilities Upgrade - General Program | 664360 | +$2,899,551.00
Section 3. That the Director of Public Utilities be and hereby is authorized to expend a total of $4,840,000.00 from the Sanitary B.A.B.s (Build America Bonds) Fund into the Wastewater Treatment Facilities Upgrade - General Program | Fund 668 | Div. 60-05 | Proj. 650360-100001| 668404 | Object Level Three 6676.
Section 4. That the 2011 Capital Improvements Budget Ordinance 0266-2011 is hereby amended as follows, to provide sufficient budget for the award of the agreement stated herein:
Project No. | Project Name | Current Authority | Revised Authority | (Change)
650352-100000 | SWWTP New Headworks | $1,234,441 | $0 | (-$1,234,441)
650404-100000 | Sanitary System Rehabilitation | $1,717,979 | $52,869 | (-$1,665,110)
650360-100001| Wastewater Treatment Facilities Upgrade General Prog. | $1,940,449 | $4,840,000 | (+$2,899,551)
Section 5. That the said firm shall perform the work to the satisfaction of the Director of Public Utilities and the Administrator of the Division of Sewerage and Drainage.
Section 6. That the City Auditor is hereby authorized 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 are no longer required for said project; except that no transfer shall be made from a project by monies from more than one source.
Section 7. That the City Auditor is authorized to establish proper project accounting numbers as appropriate.
Section 8. 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 9. 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 which shall take effect and be in force and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.