Explanation
BACKGROUND: The original contract for Hoover Reservoir Erosion Control - Improvement #35 provided for protection of some lands surrounding Hoover Reservoir from damage due to shoreline erosion caused by wave action and fluctuating levels in the reservoir. Unusually persistent high water levels in the reservoir throughout 2003 and 2004 necessitated that the work be suspended mid-project. In accordance with CMSC 104.02 this modification provides redress for the Contractor for the unknown physical conditions due to these high water conditions. This modification also includes a balancing of actual to estimated quantities, and a change of scope on the haul road restoration portion of the project, which resulted in a credit.
CC 329.16 CONTRACT MODIFICATIONS:
1. Amount of additional funds to be expended under this modification: $97,236.07.
2. The extent of additional services could not be initially foreseen due to unusually persistent high water levels encountered during construction.
3. The work under this contract modification is a continuation of work previously performed by the Contractor, therefore, no other processes were used for procurement of these services.
4. The cost of this modification is based on material and labor, and was negotiated between the Consultant and the City, as documented by the Consultant's quotation letter, and verified by the Project Engineer.
CONTRACT AMOUNT:
Original contract amount $ 426,594.00
Modification No.1 $ 97,236.07
New contract amount $ 523,830.07
FISCAL IMPACT: The last authorization for expenditures for construction on this project occurred December 9, 2002 for the original contract in the amount of 426,594.00. Funds are being transferred to provide the additional funding.
CONTRACT COMPLIANCE NUMBER: 31-0889208
Title
To authorize the Director of Public Utilities to modify the contract with The Righter Company, Inc., for the Hoover Reservoir Erosion Control - Improvement No. 35, for the Division of Water, to authorize the expenditure of $97,236.07 from the Waterworks Enlargement Voted 1991 Bonds Fund, to amend the 2006 C.I.B, and to authorize the City Auditor to transfer funds from within the Waterworks Enlargement Voted 1991 Bonds Fund. ($97,236.07)
Body
WHEREAS: Contract No. EA025162 was authorized by Ordinance No. 1898-2002, passed December 9, 2002, was executed December 30, 2002 and approved by the City Attorney on January 7, 2003, and
WHEREAS: Upon commencing the Hoover Reservoir Erosion Control - Improvement No. 35 the work of contractor, The Righter Company, was interrupted due to persistent and unusual high water in the Reservoir, and
WHEREAS: This changed condition resulted in both additional costs incurred by the contractor associated with performing the prescribed work as well as an additional quantity of work necessary to properly complete the project, and
WHEREAS: The City of Columbus Ohio Construction and Materials Specifications provide the Contractor for redress in such instances, a contract modification is necessary to perform this additional unanticipated work, and
WHEREAS: It is necessary to modify Contract No. EA025162 to provide for Hoover Reservoir Erosion Control - Improvement No. 35, and
WHEREAS: This modification provides for an increase of $97,236.07 to this contract, and
WHEREAS: It is necessary to authorize the Director of Public Utilities to modify Contract No. EA025162, for Hoover Reservoir Erosion Control - Improvement No. 35, for the preservation of public health, peace, property and safety now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS
Section 1. The Director of Public Utilities be and is hereby authorized to modify Contract No. EA025162 with The Righter Company, Inc. in the amount of $97,236.07, for Hoover Reservoir Erosion Control - Improvement No. 35, for the Division of Water, Department of Public Utilities, Contract No. 1026, terms and conditions of which are on file in the office of the Division of Water.
Section 2. That for the purpose of paying the cost thereof, the expenditure of $97,236.07 is hereby authorized from the Waterworks Enlargement Voted 1991 Bonds Fund, Fund No. 606, Department of Public Utilities, Division of Water, Dept./Division No. 60-09, Object Level Three 6621, Project No. 690006, OCA Code 642900.
Section 3. 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 except that no transfer shall be so made from a project account funded by monies from more than one source.
Section 4. The City Auditor is hereby authorized and directed to appropriate and transfer funds from within the Waterworks Enlargement Voted 1991 Bonds Fund, Fund No. 606, Department of Public Utilities, Division of Water, as follows:
FROM: 690370 Upground Reservoir $2,548.67
OCA Code 642900
FROM: 690479 Security Enhancements $94,687.40
OCA Code 606479
TO: 690006 Hoover Reservoir Erosion Control $97,236.07
OCA Code 642900
Section 5. That Section 1, Public Utilities/Water 60-09 of Ordinance 1108-2006 is hereby amended as follows:
PROJECT TOTAL
NUMBER PROJECT NAME BUDGET
690006 Hoover Reservoir Erosion Control $497,237*(1)*
690370 Upground Reservoir $2,549*(2)*
690479 Security Enhancements $94,688*(3)*
2006 Original Budget 2006 Amended Budget Comments
*(1)* $400,000 $497,237 Authority
Increased
*(2)* $5,002,549 $5,000,000 Authority
Reduced
*(3)* $2,130,436 $2,034,748 Authority
Reduced
Section 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.