Explanation
1. BACKGROUND:
A. Need. This legislation authorizes the Director of Public Utilities to modify the construction contract with C.J. Mahan Construction Company for the Southerly Wastewater Treatment Plant New Headworks Project. The C.J. Mahan Construction Company modification amount requested under this ordinance is $9,861,370.00. The contract total including this modification is $60,730,195.00. These additional monies will fund known costs of needed additions to contract work, resulting from the January, 2005 site flooding, that would exceed the original contract contingency amount. The severity of the wet weather events and site flooding experienced could not be foreseen, and it is not practical or feasible to undertake a new procurement to deliver these services. A supplemental loan for these purposes has been received from the Ohio Water Pollution Control Fund. This legislation will additionally authorize the appropriation of funds from the Ohio Water Pollution Control Loan Fund; and authorize the expenditure of funds from the loan for the construction contract.
B. Contract Compliance No.: 310924535 (MAJ)
C. Emergency Designation: Emergency designation is not requested.
2. FISCAL IMPACT:
This legislation appropriates a total of $13,749,234.00 from the OWPCLF Loan that will be utilized for the subject project. $9,861,370.00 is for the cost of this construction contract modification. Sufficient authority is in the 2006 Capital Improvements Budget.
3. PROJECT LOCATION:
This project is located at the Southerly Wastewater Treatment Plant.
Title
To authorize the Director of Public Utilities to modify a contract with C.J. Mahan Construction Company for the Southerly Wastewater Treatment Plant New Headworks Project; to authorize the appropriation of $13,749,234.00, and the expenditure of $9,861,370.00 from the Ohio Water Pollution Control Loan Fund; for the Division of Sewerage and Drainage. ($9,861,370.00).
Body
WHEREAS, Contract No. EL004202 was authorized by Ordinance No.0271-2004, as passed by Columbus City Council on March 29, 2004 for purposes of authorizing the Director of Public Utilities to enter into a construction contract with C.J. Mahan Construction Company for the Southerly Wastewater Treatment Plant New Headworks Project; and
WHEREAS, the Ohio Water Development Authority (OWDA) approved a supplemental loan to the City of Columbus on May 25, 2006, in the amount of $13,749,234.00, identified as OWDA Loan Number 4521, for the above listed project with eligible costs including the construction contract; the professional engineering services contract modification; the professional construction management services contract modification; contingency; and capitalized interest; and
WHEREAS, the Division of Sewerage and Drainage, Department of Public Utilities is requesting that this Council authorize the Director of Public Utilities to modify the construction contract for Southerly Wastewater Treatment Plant New Headworks Project, at the earliest practical date; Now, Therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the proceeds from the Ohio Water Development Authority Loan No. 4521, for the Southerly Wastewater Treatment Plant New Headworks Project; and funds from the unappropriated monies in Fund No. 666, the amount of $13,749,234.00 that includes funding for the cost of construction, construction administration and inspection services, is hereby appropriated to the Division of Sewerage and Drainage| Division 60-05| Fund No. 666| Object Level3 6624, OCA Code 650352, Project Account 650352.
Section 2. That the Director of Public Utilities be, and hereby is, authorized to modify Contract No. EL004202 with C.J. Mahan Construction Company, 3400 Southwest Blvd., Grove City, Ohio 43123 for construction of the Southerly Wastewater Treatment Plant New Headworks Project in accordance with the terms and conditions as shown in the Modification on file in the office of the Division of Sewerage and Drainage.
Section 3. That for the purpose of paying the cost of the construction contract modification, the following expenditure, or as much thereof as may be needed, be and the same is hereby authorized from the Ohio Water Pollution Control Loan Fund as follows: Division 60-05; Fund 666; Project- Southerly Wastewater Treatment Plant New Headworks, Project No. 650352; Object Level3 6624; OCA Code 650352; Amount $9,861,370.00.
Section 4. 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 no longer required for said project; except that no transfer shall be made from a project by monies from more than one source.
Section 5. That the City Auditor is authorized to establish proper project accounting numbers as appropriate.
Section 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.