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File #: 0500-2014    Version: 1
Type: Ordinance Status: Passed
File created: 2/23/2014 In control: Public Utilities Committee
On agenda: 4/7/2014 Final action: 4/8/2014
Title: To authorize the Director of Public Utilities to execute a planned contract modification for professional engineering services agreement with ARCADIS US, Inc. for the Overall Engineering Consultant Services for the Wastewater Treatment Facilities Upgrade - General Program; transfer within $1,306,005.00 and expend up to $3,500,005.00 from the Sanitary Sewer General Obligation Bond Fund; transfer within $11,995.00 and expend up to $11,995.00 from the Electricity BABs Fund, and amend the 2014 Capital Improvements. ($3,512,000.00)
Attachments: 1. Ord 0500-2014 Copy of Mod 4 - Sub-Contractor Work Identification Form Arcadis OEC, 2. Ord 0500-2014 Dir Info Mod4 - LEGISLATIONB 2-04-14
Explanation
 
1.      Background: This legislation authorizes the Director of Public Utilities to modify (Mod #4) the professional engineering services agreement with ARCADIS US, Inc. for the Overall Engineering Consultant (OEC) Services for the Wastewater Treatment Facilities Upgrade - General Program, Project Number 650360-100001 and amend the language related to conflicts of interest for this contract.  OEC services are necessary to provide technical and engineering assistance to the City and its design professionals in planning and coordination of the work.   The OEC services are separated into the following tasks:
 
Task 1 - Planning Services
Task 2 - Design Services
Task 3 - Construction Related Services
Task 4 - Commissioning and Start-up Services
Task 5 - General and Additional Services
 
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.
 
1.1      Amount of additional funds to be expended:  $3,512,000.00
Original Contract                                $ 2,000,000.00
Modification No. 1 (2011 funding)           $ 4,840,000.00
Modification No. 2 (2012 funding)          $ 3,216,000.00
Modification No. 3 (2013 funding)         $     40,000.00 (Rate Study Analysis)
Modification No.4 (Current)                     $ 3,512,000.00 ($3,500,005.00 from DOSD; $11,995 from DOP)
 
CURRENT TOTAL TO-DATE            $13,608,000.00
 
Proposed Modification No. 5                  $ 3,000,000.00
PROPOSED FUTURE TOTAL           $16,608,000.00
 
1.2      Reasons additional goods/services could not be foreseen:  
This Contract Modification No. 4 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 the majority of 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, it is not reasonable or cost efficient to undertake a new procurement effort to acquire these services.
 
1.4      How cost of modification was determined:
The cost of this modification was determined by the Division of Sewerage and Drainage and Divison of Power, based upon current estimated needs. The cost of this contract modification is consistent with the direct labor, and overhead, rates established within the original proposal.
 
2.      Contract Compliance No.:  57-0373224 | MAJ | Expires 07/10/2015
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.
 
3.      Emergency Designation:  Emergency designation is not requested at this time.
 
4.      FISCAL IMPACT:
This ordinance authorizes the Director of Public Utilities to transfer  $1,306,005.00 and expend up to $3,500,005.00 in funds from the Sanitary Sewer General Obligation Bond Fund, Fund 664; and to transfer and expend up to $11,995.00 in funds from the Electricity BABs Fund, Fund 559 for this expenditure and amend the 2014 Capital Improvements Budget to establish sufficient budget authority.
 
5.      ECONOMICAL IMPACT:
The performance of this project's activities to provide engineering and technical services for CIPs at DPU facilities will help them maintain peak operational performance. If left unperformed, the required work could become larger and more expensive that could produce a major impact to the budget. No community outreach is considered for this project.
 
Title
 
To authorize the Director of Public Utilities to execute a planned contract modification for professional engineering services agreement with ARCADIS US, Inc. for the Overall Engineering Consultant Services for the Wastewater Treatment Facilities Upgrade - General Program; transfer within $1,306,005.00 and expend up to $3,500,005.00 from the Sanitary Sewer General Obligation Bond Fund; transfer within $11,995.00 and expend up to $11,995.00 from the Electricity BABs Fund, and amend the 2014 Capital Improvements. ($3,512,000.00)
 
Body
 
WHEREAS, Contract No. EL010117 was authorized by Ordinance 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 ARCADIS US, Inc. (formerly Malcolm Pirnie, Inc.) for the Wastewater Treatment Facilities Upgrade - General Program; and
 
WHEREAS, Contract No. EL011835 was authorized by Ordinance 0593-2011, passed by Columbus City Council on June 6, 2011, executed by the Director June 27, 2011, and approved by the City Attorney July 06, 2012; and
 
WHEREAS, Contract No. EL013654 was authorized by Ordinance 1413-2013, as passed by Columbus City Council on October 3, 2012, executed by the Director October 29, 2012, and approved by the City Attorney October 30, 2012; and
 
WHEREAS, Contract No. EL014348 was authorized by Ordinance 0608-2013, as passed by Columbus City Council on  April 15, 2013, executed by the Director May 29, 2013, and approved by the City Attorney May 31, 2013; 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 modify this contract to provide funding for additional engineering services now required for this project, and to amend the language related to conflicts of interest; and
WHEREAS, it is necessary to authorize the transfer within $1,306,005.00 and expend up to $3,500,005.00 of funds from the Sanitary Sewer General Obligation Bond Fund for purposes of providing sufficient funding for the aforementioned project expenditure; and
 
WHEREAS, it is necessary to authorize the transfer within $11,995.00 and expend up to $11,995.00 of funds from the Electricity BABs Fund for purposes of providing sufficient funding for the aforementioned project expenditure; and
 
WHEREAS, it is necessary to authorize an amendment to the 2014 Capital Improvements Budget for the purpose of providing sufficient spending authority for the aforementioned project expenditures; and
 
WHEREAS, it is necessary for this Council to authorize the Director of Public Utilities to modify the aforementioned professional engineering services agreement with ARCADIS US, Inc. for the Overall Engineering Consultant (OEC) Services for the Wastewater Treatment Facilities Upgrade - General Program, pursuant to the proper management and timely completion of this project 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 ARCADIS U.S. Inc., 100 East Campus View Blvd. Suite 200, Columbus, Ohio 43235 for the Overall Engineering Consultant (OEC) 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 $1,306,005.00 within the Department of Public Utilities, Division of Sewerage and Drainage | Div. 60-05 | Sanitary Sewer General Obligation Bond Fund | Fund No. 664, Object Level Three 6676, as follows:
 
From:
Project No. | Project Name | OCA Code | Change
650333-100000 | WWTF Ash Lagoons | 664333 | -$1,306,005.00
 
To:
Project No. | Project Name | OCA Code | Change
650360-100001| OEC WWTF Upgrade - General Program | 653601 | +$1,306,005.00
 
SECTION 3. That the City Auditor is hereby authorized to transfer $11,995.00 within the Department of Public Utilities, Division of Power | Div. 60-07 | Electricity BABs Fund | Fund No. 559, Object Level Three 6679, as follows:
 
From:
Project No. | Project Name | OCA Code | Change
670003-100006 | Livingston-Big Walnut Bridge SL | 559306 | -$11,995.00
 
To:
Project No. | Project Name | OCA Code | Change
670800-100000| Electric Rate Study | 559800 | +$11,995.00
 
SECTION 4.  That the Director of Public Utilities be and hereby is authorized to expend up to $3,500,005.00 from the Sanitary Sewer General Obligation Bond Fund, Fund 664 into the Wastewater Treatment Facilities Upgrade - General Program | Fund 664 | Div. 60-05 | Proj. 650360-100001 | 653601 | Obj. Lvl Three 6676.
 
SECTION 5.  That the Director of Public Utilities be and hereby is authorized to expend up to $11,995.00 from the Electricity BABs Fund, Fund 559  into the Electric Rate Study | Fund 559 | Div. 60-07 | Proj. 670800-100000 | 559800 | Obj. Lvl Three 6679.
 
SECTION 6. That the 2014 Capital Improvements Budget 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)
650333-100000 | WWTF Ash Lagoons | $2,562,500 | $1,256,495 | (-$1,306,005)
650360-100001| OEC WWTF Upgrade General Prog. | $2,194,000 | $3,500,005 | (+$1,306,005)
 
Project No. | Project Name | Current Authority | Revised Authority | (Change)
670003-100006 | Livingston-Big Walnut Bridge SL | $25,251 | $13,256 | (-$11,995)
670800-100000 | Electric Rate Study | $0 | $11,995 | (+$11,995)
 
SECTION 7.  That the said firm, ARCADIS U.S. Inc., shall perform the work to the satisfaction of the Director of Public Utilities and the Administrator of the Division of Sewerage and Drainage.
 
SECTION 8.  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 9. That the City Auditor is authorized to establish proper project accounting numbers as appropriate.
 
SECTION 10. 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 11.  That this ordinance shall take effect and be in force from and after the earliest period allowed by law.