Explanation
1. BACKGROUND:
A. Need. This legislation authorizes the Director of Public Utilities to modify the Engineering Agreement with Stantec Consulting Services for the Lower Olentangy River Ecosystem Restoration Project. This contract modification is necessary to complete the design work for this project and will utilize funds from an Ohio Environmental Protection Agency (OEPA) Section 319 Grant. The project is currently under design and this modification will allow the design work to continue uninterrupted. The contract total including this modification is $273,460.80
This project primarily involves the modification or removal of the 5th Ave. Dam and restoration of 10,560 linear feet of the Olentangy River. Ordinance No. 1685-2006 which was passed by City Council on October 25, 2006 authorized the Director of Public Utilities to enter into a 319 grant agreement with the Ohio EPA to assist with the funding of this project in the grant amount of $416,063.00. The Grant No. 655001, amount of $416,063.00 was awarded in the following way: Ohio State University was originally awarded $166,063.00; the Friends of the Lower Olentangy Watershed was originally awarded $50,000.00; and $200,000.00 was originally awarded for design and engineering services work, to be done by a consulting engineering company that would be identified later in the grant period.
Ordinance No. 1184-2009 subsequently authorized the Director of Public Utilities to enter into a professional services agreement with Stantec Consulting Services, Inc., for $200,000.00 using funds already authorized by Ordinance No. 1685-2006.
This modification will increase Stantec's contract by $73,460.80 utilizing unused portions of the grant fund originally established in Ordinance No. 1685-2006; EL007047 and EL007048. The Ohio EPA has approved a grant agreement revision which allows for the reallocation of the remaining funds to Stantec; and the grant revision approval documents and the FLOW and OSU grant agreement termination letters are included as attachments to this legislation. The unused portions will be obtained by a cancellation request on EL007047 and EL007048. The expenditure of these funds will be based on the Stantec modification.
Work being performed for the current contract and this modification utilize OEPA Section 319 Grant monies, not City of Columbus funds. The work to be performed by this contract modification includes performing subsurface investigations and preparing reports.
1.1 Amount of additional funds to be expended: $73,460.80
Original Grant Amount: $ 416,063.00
Original Grant Distribution
Ohio State University ($ 166,063.00)
F.L.O.W. ($ 50,000.00)
Stantec ($ 200,000.00)
Grant Total $ 416,063.00
Revised Grant Distribution
Ohio State University (EL007048) ($ 124,547.30)
F.L.O.W. (EL007047) ($ 18,053.90)
Stantec Consulting (EL009724) ($ 273,460.80)
Revised Grant Total $416,062.00
1.2 Reasons additional goods/services could not be foreseen.
This modification is necessitated by funding reasons.
1.3. Reason other procurement processes are not used:
This modification utilizes OEPA Section 319 Grant monies, not City of Columbus funds.
1.4. How cost of modification was determined:
The cost basis for this award is based upon the cost summary documents contained in the original
B. Contract Compliance No.: 11-2167170 | 12/17/2011 | MAJ
C. 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 uninterrupted continuation of design work for this project. This expediency is justified in order to fulfill the City's capital improvement project scheduling commitments set forth within the consent agreement between the City of Columbus and the Ohio Attorney General's Office that addresses the City's wet weather wastewater overflows.
2. FISCAL IMPACT:
This ordinance authorizes the Director of Public Utilities to modify an engineering agreement with Stantec Consulting Services in the amount of $73,460.80 within the existing OEPA Section 319 Grant for the project. Work being performed for the current contract and this modification are utilizing OEPA Section 319 Grant monies, not City of Columbus funds.
Title
To authorize the Director of Public Utilities to execute an Engineering Agreement modification with Stantec Consulting Services for the Lower Olentangy River Ecosystem Restoration Project; to authorize the expenditure of $73,460.80 from within the Ohio Environmental Protection Agency's Section 319 Grant Fund; and to declare an emergency. ($73,460.80)
Body
WHEREAS, the Director of Public Utilities to entered into a 319 grant agreement with the Ohio EPA project for removal of the 5th Ave. Dam and restoration of 10,560 linear feet of the Olentangy River via Ordinance No. 1685-2006 passed by City Council on October 23, 2006; Ohio EPA Project # 06 (h) EPA-27; and
WHEREAS, Contract number EL009724, Ordinance No.1184-2009, as passed by Columbus City Council on September 21, 2009, executed on October 27, 2009 and approved by the City Attorney on October 28, 2009 for purposes of authorizing the Director of Public Utilities to enter into a engineering services contract with Stantec Consulting Services for the Lower Olentangy River Ecosystem Restoration Project (CIP# 650706) and to expend $200,000.00; and
WHEREAS, the unused portions of the grant funds associated with contract numbers EL007047 and EL007048 will be cancelled off of those existing numbers and reallocated as a modification to the contract for Stantec; and
WHEREAS, it is necessary to modify this contract to provide additional monies to cover the cost of additional work necessary to complete the project design work; and
WHEREAS, it is necessary for City Council to authorize the expenditure of funds from the Ohio EPA Grant Fund; and
WHEREAS, an emergency exists in the usual daily operation of the Division of Sewerage and Drainage, Department of Public Utilities, in that it is immediately necessary to authorize the Director of Public Utilities to modify the engineering agreement with Stantec Consulting Services for the completion of the design for the Lower Olentangy River Ecosystem Restoration Project (CIP# 650706) in order to fulfill the City's capital improvement project scheduling commitments set forth within the consent agreement between the City and the Ohio Attorney General's Office that addresses the City's wet weather wastewater overflows; 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 the Director of Public Utilities be, and hereby is, authorized to modify the agreement for professional engineering services with Stantec Consulting Services Inc., 1500 Lake Shore Drive, Columbus, Ohio 43204, in connection with the Lower Olentangy River Ecosystem Restoration Project in accordance with the terms and conditions as shown in the forthcoming contract to be filed in the office of the Division of Sewerage and Drainage.
Section 2. That for the purpose of paying the cost of the professional engineering services contract modification, the expenditure of $73,460.80 or as much thereof as may be needed, is hereby authorized from the Ohio EPA Grant Fund 655001, Fund No. 655, OCA 655001, Object Level 3 6676
Section 3. 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 4. That the City Auditor is authorized to establish proper project accounting numbers as appropriate.
Section 5. 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 6. That 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 7. 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 from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.