Explanation
1. BACKGROUND: This Ordinance authorizes the Director of Public Utilities to modify and increase the professional engineering services agreement with ms consultants, inc. for the Upground Reservoirs - Engineering Services During Construction Phase, for the Division of Power and Water Contract No. 1032.
As central Ohio continues to grow, additional water supply sources must be developed. To address the growing needs, three upground reservoirs located near the Scioto River in northwestern Delaware County were recommended in the Water Beyond 2000 study as a way to supplement the water supplies needed to support projected economic development in Franklin County. The R-2 reservoir, the largest of the three recommended, was designed and construction started in 2011.
Community Open House events were held on July 13, 2006, October 19, 2006, October 25, 2007 and April, 7, 2011. Multiple Stakeholder briefing meetings were held during the design phase in 2006-2007.
Environmental coordination meetings were held with:
· Ohio Environmental Protection Agency
· Ohio Department of Natural Resources
· Ohio Department of Transportation
· Preservation Parks of Delaware County
· US Army Corps of Engineers
· US Fish and Wildlife Service
· Delaware County Soil & Water Conservation District
Permits from both the Army Corps of Engineers (CWA Section 404 Permit) and Ohio EPA (CWA Section 401 Water Quality Certification) were secured and mitigation requirements negotiated with these entities. Mitigation includes removal of the low-head dam at Prospect, Ohio and development of new wetlands site in western Franklin County.
The original agreement provided for professional engineering services for the design and preparation of construction contract documents for the Upground Reservoir project. Modification number one provided for engineering services during construction, which was a planned modification stated in the original legislation under Ordinance No. 0825-2004.
Work under Modification No. 2 consists of:
· Engineering services during the project bidding phase including plan and addendum distribution, attendance at pre-bid meeting and bid evaluation
· Engineering services during construction including:
o Attendance at pre-construction meeting
o Attendance at monthly construction progress meetings
o Review and response to Requests for Information (RFI's)
o Preparation of Requests for Proposals (RFP's)
o Assist in review and processing of Change Orders and Construction Contract Modifications
· Provide on-site Construction Engineering Services
· Attend In-Factory Inspections for critical materials and equipment
· Assist in review of claims and disputes
· Additional design services for Reservoir, Raw Water Pump Station and Raw Water Pipeline
· Design & bidding of Borrow Area Restoration Project (future park site)
· Assist in Start-ups and Commissioning of Equipment and Systems (future mod.)
· Assist in training of City Staff on new equipment and systems (future mod.)
· Prepare Record Drawings (future mod.)
· Prepare Operation, Maintenance and Inspection (OM&I) Manual for Reservoir Site R-2 (future mod.)
· Prepare an Emergency Action Plan (EAP) for Reservoir 2 (future mod.)
· Prepare Post construction stream monitoring & reporting as required by OEPA 401 Water Quality Certification (future mod.)
1.1 Amount of additional funds to be expended: $3,105,000.00
Original Contract Amount: $ 8,098,000.00
Modification No. 1 $ 2,000,000.00
Modification No. 2 (current) $ 3,105,000.00
Total (Orig. + Mods 1 - 2) $13,203,000.00
1.2. Reasons additional goods/services could not be foreseen:
This was a planned contract modification identified in the original contracting legislation Ordinance No. 0825-2004.
1.3. Reason other procurement processes are not used:
This was a planned contract modification identified in the original contracting legislation. The Design Engineer will be involved providing engineering services during construction to ensure the design intent is met during the construction phase.
1.4. How cost of modification was determined:
Costs were submitted by the consultant and reviewed and verified by the City Project Manager.
2. CONTRACT COMPLIANCE INFO: 34-6546916, expires 5/27/12, Majority
Searches in the Excluded Party List System (Federal) and the Findings for Recovery list (State) produced no findings against ms consultants, inc.
3.FUTURE CONTRACT MODIFICATION(S): The Upground Reservoir is a multi-year construction project and it is the Division's intent to encumber funds to pay for Engineering Services During Construction and to request a future contract modification to pay for the remainder of those services. In addition, there is post-construction stream monitoring required thru 2018 for submittal to the Ohio EPA which will be covered in a future contract modification.
4. EMERGENCY DESIGNATION: It is requested that this Ordinance be handled in an emergency manner in order to prevent delay to the project as funds for the current contract will be expended by January 2012.
5. FISCAL IMPACT: There are sufficient funds within the Water Works Enlargement Voted Bonds Fund for this project.
Title
To authorize the Director of Public Utilities to modify and increase the professional engineering services agreement with ms consultants, inc. for the Upground Reservoirs - Engineering Services During Construction Phase; for the Division of Power and Water; to authorize an expenditure up to $3,105,000.00 from the Water Works Enlargement Voted Bonds Fund; and to declare an emergency. ($3,105,000.00)
Body
WHEREAS, Contract No. EL005044 was authorized by Ordinance No. 0825-2004, passed June 21, 2004, was executed September 8, 2004, and approved by the City Attorney on September 22, 2004; and
WHEREAS, Modification #1 to the original contract number, EL011352, was authorized by Ordinance No. 1705-2010, passed December 13, 2010, was executed February 23, 2011, and signed by the City Attorney on March 2, 2011; and
WHEREAS, Modification #2 is needed is for continued engineering services during construction the next 12 month construction period; and
WHEREAS, it is necessary for this Council to authorize the Director of Public Utilities to modify and increase the professional engineering services agreement with ms consultants, inc. for continued engineering services construction within the Water Works Enlargement Voted Bonds Fund; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Utilities, Division of Power and Water, in that it is immediately necessary to authorize the Director of Public Utilities to modify and increase the professional engineering services contract with ms consultants, inc., for the Upground Reservoirs - Engineering Services During Construction Phase, in an emergency manner in order to prevent delay to the project as funds for the current contract will be expended by January 2012, for the immediate preservation of the public health, peace, property, safety and welfare; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the Director of Public Utilities is hereby authorized and directed to modify and increase the professional engineering services agreement with ms consultants, inc. for the Upground Reservoirs - Engineering Services During Construction Phase, in the amount of $3,105,000.00.
SECTION 2. That this contract modification is in compliance with Section 329.16 of Columbus City Codes, 1959.
SECTION 3. That the expenditure of $3,105,000.00 is hereby authorized for the Upground Reservoirs - Engineering Services During Construction Phase within the Water Works Enlargement Voted Bonds Fund, Fund No. 606, Division 60-09, Project No. 690370-100000 (carryover), Object Level Three 6677, OCA Code 642900.
SECTION 4. 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 5. That the City Auditor is authorized to establish proper project accounting numbers as appropriate.
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 for reasons stated in the preamble hereto, which is hereby made a part hereof, this Ordinance is 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.