Explanation
1. BACKGROUND:
A. Need. The Division of Sewerage and Drainage needs to purchase two new hydraulic-atomizing biosolids incineration scrubber system units from EnviroCare International, Inc., for the Jackson Pike Wastewater Treatment Plant Incinerator Hydraulic Scrubber Conversion project. The biosolids incineration process is an integral part of the wastewater treatment process at Jackson Pike Wastewater Treatment Plant (JPWWTP). The existing incinerator scrubber system was installed in 2001. The project will refit the existing scrubber system from an air-atomizing compressed air system to a completely hydraulic-atomizing system. This new system will provide enhanced scrubber performance, as well as a substantial energy and maintenance savings by removing the energy-consumptive and problematic air compressors from the system. The new higher efficiency particulate scrubber system will reduce emissions and assure continued compliance with the Title V air permit.
The scrubber equipment upgrade is being performed by the equipment's manufacturer, EnviroCare International, Inc., and they are the sole source of the equipment. This contract consists of furnishing the new hydraulic-atomizing scrubber system equipment, start-up services, equipment performance optimization, and training of the plant staff. The JPWWTP staff will install the new equipment.
This ordinance is being submitted in accordance with the provisions of Sole Source procurement of the Columbus City Code Section 329.07.
This project has been approved for funding and is included within the State of Ohio Water Pollution Control Loan Fund (WPCLF) 2009 Program Management Plan and is also listed on the WPCLF and the American Recovery and Reinvestment Act of 2009 (ARRA) -Intended Projects List-June 5, 2009, identified as project #CS392775-02. ARRA awards for Water and Sewer projects will be administered through the Ohio EPA's Water Pollution Control Loan Fund Program (WPCLF) and the awards will be approved by the Ohio EPA and the Ohio Water Development Authority (OWDA). The loan is scheduled to be awarded on August 27, 2009 at the OWDA board meeting.
B. Supplier: EnviroCare International, Inc. | CCN-680263091 | (MAJ) | Expiration Date: 4/16/2011
C. Emergency Designation: Emergency designation is not requested.
2. FISCAL IMPACT:
This ordinance requests and authorizes the transfer and appropriation of funds in the amount of $221,820.00 from the Sanitary Sewer Reserve Fund to the Ohio Water Development Authority Loan Fund for this expenditure. This contract has been approved on the State of Ohio 2009 WPCLF Program Management Plan from the ARRA Federal Stimulus money. The loan will be awarded on August 27, 2009 at the OWDA board meeting. All WPCLF-ARRA funds will be awarded as subsidies to reduce the principal amount of a loan for a qualifying project. This subsidy will be applied to the project's eligible costs and no city funds will be required.
Title
To authorize the Director of Public Utilities to enter into an agreement with EnviroCare International, Inc., for the purchase of two new hydraulic-atomizing biosolids incineration scrubber system units, in accordance with the sole source provisions of the Columbus City Code, in connection with the Jackson Pike Wastewater Treatment Plant Incinerator Hydraulic Scrubber Conversion project; to authorize the appropriation and transfer of $221,820.00 from the Sanitary Sewer Reserve Fund to the Ohio Water Development Authority Loan Fund; to authorize the expenditure of $221,820.00 from the OWDA Fund, for the Division of Sewerage and Drainage. ($221,820.00)
Body
WHEREAS, the Jackson Pike Wastewater Treatment Plant (JPWWTP) has two multiple hearth biosolids incinerators each with an air-atomizing compressed air scrubbing system; and
WHEREAS, the Division of Sewerage and Drainage is embarking on a program to replace the air-atomizing compressed air scrubbing system with a hydraulic-atomizing system to provide enhanced scrubber performance and substantial energy and maintenance savings by removing the energy-consumptive and problematic air compressors from the system; and
WHEREAS, the Division of Sewerage and Drainage engineering personnel have determined it necessary to enter into an agreement with EnviroCare International, Inc., in order to provide the necessary equipment and services for the JPWWTP Incinerator Hydraulic Scrubber Conversion project; and
WHEREAS, EnviroCare International, Inc. is the sole source to purchase this type of air scrubbing system; and
WHEREAS, the cost for this purchase was negotiated by City representatives and the EnviroCare International, Inc. personnel; and
WHEREAS, this ordinance is being submitted waiving the requirements of competitive bidding of Columbus City Code Section 329.07; and
WHEREAS, it is necessary to authorize the transfer and appropriation of funds from the Sanitary Sewer Reserve Fund to the Ohio Water Development Authority Fund in order to temporarily fund this expenditure, until such time as the City is able to execute a loan for the above stated purpose and reimburse the Sewer Reserve Fund; and
WHEREAS, this contract has been approved on the State of Ohio 2009 WPCLF Program Management Plan from the ARRA Federal Stimulus money and the loan will be awarded on August 27, 2009 at the OWDA board meeting; and
WHEREAS, the City anticipates incurring certain Original Expenditures (as defined in Section 1.150-2(c) of the Treasury Regulations (the "Treasury Regulations") promulgated pursuant to the Internal Revenue Code of 1986, as amended) with respect to the project described in this ordinance (the "Project"); and
WHEREAS, the Division of Sewerage and Drainage, Department of Public Utilities is requesting that this Council authorize the Director of Public Utilities to execute an agreement with EnviroCare International, Inc. for the JPWWTP Incinerator Hydraulic Scrubber Conversion project at the earliest practical date; 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 enter into a sole source agreement with EnviroCare International, Inc., 507 Green Island Road, American Canyon, CA 94503, for the purchase of two new hydraulic-atomizing biosolids incineration scrubber system units for the JPWWTP Incinerator Hydraulic Scrubber Conversion project in accordance with the terms and conditions as shown in the agreement on file in the office of the Division of Sewerage and Drainage.
Section 2. That this ordinance is hereby waving the requirements of competitive bidding in accordance to the provisions under the Columbus City Code Section 329.07 (e), Exceptions to competitive sealed bidding as a sole source procurement.
Section 3. That from the unappropriated monies in the Sanitary Sewer Reserve Fund No. 654, and from all monies estimated to come into said fund from any and all sources, and unappropriated for any other purpose during the fiscal year ending December 31, 2009, the sum of $221,820.00 is hereby appropriated to the Division of Sewerage and Drainage: Division 60-05| OCA Code 901654 | Object Level One 10 | Object Level Three 5502.
Section 4. That the City Auditor is hereby authorized to transfer $221,820.00 from the Sanitary Sewer Reserve Fund to the Ohio Water Development Authority, Fund 666, into JPWWTP Incinerator Hydraulic Scrubber Conversion, Project 650350, at such time as deemed necessary by the Auditor, and to expend said funds, or so much thereof as may be necessary.
Section 5. That the $221,820.00 is hereby appropriated for the JPWWTP Incinerator Hydraulic Scrubber Conversion, within the Ohio Water Development Authority Fund | Fund 666 | Division 60-05 | Project 650350 | OCA Code 666350 | Object Level Three 6624.
Section 6. That the expenditure of $221,820.00, or as much thereof as may be needed, is hereby authorized from the Ohio Water Development Authority Fund | Fund No. 666 | Division 60-05| JPWWTP Incinerator Hydraulic Scrubber Conversion - Project 650350 | OCA Code 666350 | Object Level Three 6624.
Section 7. That upon obtaining other funds for the purpose of funding sanitary sewer system capital improvement work, the City Auditor is hereby authorized to repay the Sanitary Sewer Reserve Fund the amount transferred above, and said funds are hereby deemed appropriated for such purposes.
Section 8. Monies for this contract from the Sanitary Sewer Reserve Fund will be provided from the WPCLF and the American Recovery and Reinvestment Act of 2009 ARRA as the project is list on WPCLF-ARRA-Intended Project List- June 5, 2009, project No. CS392775-02. All WPCLF-ARRA funds will be awarded as subsidies to reduce the principal amount of a loan for a qualifying project. This subsidy will be applied to the project's eligible costs and no city funds will be required. The WPCLF-ARRA monies are scheduled to be awarded on August 27, 2009 by the Ohio EPA and the Ohio Water Development Authority (OWDA).
Section 9. 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 10. 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 are 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 11. That the City Auditor is authorized to establish proper project accounting numbers as appropriate.
Section 12. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.