Explanation
1. BACKGROUND:
This legislation authorizes the Director of Public Utilities to execute a planned contract modification to the Sewer System Engineering Section's Construction Administration and Construction Inspection Services Agreement with DLZ Ohio, Inc. The funds approved within this legislation will provide for payment of additional services that were needed to conclude ongoing construction projects.
This modification (Mod #3) will increase the funding of the contract by an additional $26,869.35 for construction administration - construction inspection services that need additional funding. This project typically involves the replacement and or rehabilitation of sanitary and combined sewer infrastructure. The project involved with this specific modification is the Stanton Area Sanitary Improvements Project.
The original contract for DLZ Ohio, Inc was for construction administration and construction inspection for years 2008 through 2010.
1.1. Amount of additional funds to be expended: $26,869.35
Original Contract Amount: $ 925,000.00
Modification 1 $ 257,019.84
Modification 2 $ 405,000.00
Modification 3 (current) $ 26, 869.35
Total (Orig. + Mod 1, 2, 3) $1,613,889.19
1.2. Reasons additional goods/services could not be foreseen:
The Department anticipates requesting additional appropriations to this contract for 2009 and 2010 fiscal years, through planned contract modifications duly authorized by City Council. Under the terms of this contract, the City has the right to contract for additional services to fulfill emergency capital improvements related needs subject to the approval of a contract modification by City Council.
1.3. Reason other procurement processes are not used:
The original contract selected three firms to provide construction administration services for projects in 2008, 2009, and 2010 which included DLZ
1.4. How cost of modification was determined:
The rates schedules established within this contract will remain in force throughout the life of the contract.
2. MULTI-YEAR CONTRACT:
This ordinance will authorize the expenditure of $ 26,869.35. The Department anticipates requesting additional appropriations to this contract for 2009 and 2010 fiscal years, through planned contract modifications duly authorized by City Council. Under the terms of this contract, the City has the right to contract for additional services to fulfill emergency capital improvements related needs subject to the approval of a contract modification by City Council. The rates schedules established within this contract will remain in force throughout the life of the contract.
3. FISCAL IMPACT:
This ordinance authorizes the transfer and appropriate funds from the Sanitary Sewer Reserve Fund to the Voted Sanitary Sewer Bond Fund for this modification; to authorize the expenditure of $26,869.35 from the Voted Sanitary Sewer Bond Fund; and amend the 2009 Capital Improvements Budget to establish sufficient budget authority for this ordinance. Monies for this contract from the Sanitary Sewer Reserve Fund will be provided from an upcoming Bond Sale via the transfer detailed in this Ordinance.
4. CONTRACT COMPLIANCE INFO: 31-1268980 | MBR | Expiration Date: 03/10/2011
5. Emergency Designation: No emergency designation is requested for this legislation
Title
To authorize the Director of Public Utilities to execute a planned contract modification of the construction administration - construction inspection services agreement with DLZ Ohio, Inc., for additional inspection services for the Stanton Area Sewer Improvements for an extended construction phase; to authorize the transfer and appropriation of $26,869.35 from the Sanitary Sewer Reserve Bond Fund to the Voted Sanitary Sewer Bond Fund; to authorize the expenditure of $ 26,869.35 from within the Voted Sanitary Sewer Bond Fund; to amend the 2009 Capital Improvements Budget, for the Division of Sewerage and Drainage. ($26,869.35)
Body
WHEREAS, it is necessary to modify the construction administration and construction inspection services contract with DLZ Ohio, Inc., for the sanitary project: Stanton Area Sanitary Improvements; to provide additional monies to cover the cost of needed additions to the contract work in accordance with the Department's design requirements in an effort to ensure the continued operation of its sanitary system infrastructures; and
WHEREAS, City Auditor Contract No. EL008289 for $925,000, was executed on June 30, 2008, as authorized by Ordinance 0845-2008, as passed by City Council on June 9, 2008, and approved by the City Attorney on July 2, 2008, for purposes of providing construction administration and construction inspection services necessary to ensure the successful completion of many of the Divisions sanitary and storm sewer improvement projects; and
WHEREAS, Modification No. 1 for Contract No. EL009167 (Beulah Road Trunk Sewer Rehabilitation ) was authorized by Ordinance No. 0093-2009 for $257,019.84, passed February 10, 2009, was executed March 26, 2009, and approved by the City Attorney on March 27, 2009; and
WHEREAS, Modification No. 2 for Contract No. EL009167 (for two Sanitary projects: (1) General Construction Contract and (2) 2009 Annual Lining Contract and one Stormwater project: Floodwall Concrete Repair) was authorized by Ordinance 0558-2009 for $405,000.00, passed June 01, 2009; and
WHEREAS, it is necessary to authorize the transfer and appropriation of funds from the Sanitary Sewer Reserve Fund to the Voted Sanitary Sewer Bond Fund for purposes of providing sufficient funding for the sanitary expenditure; and
WHEREAS, it is necessary to authorize an amendment the 2009 Amend Capital Improvement Budget for purposes of creating and providing sufficient budget authority for the aforementioned expenditure; and
WHEREAS, it is necessary for City Council to authorize the expenditure of funds from the Voted Sanitary Sewer Bond Fund; 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").
WHEREAS, the Division of Sewerage and Drainage, Department of Public Utilities is requesting that this Council authorize the Director of Public Utilities to execute a planned contract modification to the Sewer System Engineering Section's Construction Administration and Construction Inspection Services Agreement with DLZ Ohio, Inc., 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 professional engineering services agreement with DLZ Ohio, Inc., 6121 Huntley Rd., Columbus, Ohio 43229, that will continue to provide construction administration and inspection services for sewer improvement and stormwater projects in accordance with the terms and conditions of the Contract on file in the office of the Division of Sewerage and Drainage's Sewer System Engineering Section.
Section 2. 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 $26,869.35 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 3. That the City Auditor is hereby authorized to transfer $26,869.35 from the Sanitary Sewer Reserve Fund to the Voted Sanitary Sewer Bond Fund, Fund 664, into Stanton Area Sanitary Improvements, Project 650676, at such time as deemed necessary by the Auditor, and to expend said funds, or so much thereof as may be necessary.
Section 4. That the $26,869.35 is hereby appropriated for the Stanton Area Sanitary Improvements, within the Voted Sanitary Sewer Bond Fund | Fund 664 | Division 60-05 | Project 650676 | OCA Code 664676 | Object Level Three 6621.
Section 5. That the expenditure of $26,869.35, or as much thereof as may be needed, is hereby authorized from the Voted Sanitary Sewer Bond Fund | Fund No. 664 | Division 60-05| Stanton Area Sanitary Improvements | Project 650676 | OCA Code 664676 | Object Level Three 6621.
Section 6. That the 2009 Capital Improvements Budget Ordinance No. 0806-2009 is hereby amended as follows, to create and provide sufficient budget authority for the award of the agreement stated herein, and to supply necessary budget authority in the proper projects.
Project No. | Project Name | Current Authority | Revised Authority | (Change)
650676-100000 | Stanton Area Sanitary Improvements Project | $ -0- | $26,870 | (+$26,870)
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. That the City intends that this Ordinance constitute an "official intent" for purposes of Section 1.150-2(e) of the Treasury Regulations, and that the City reasonably expects to reimburse itself for certain Original Expenditures incurred with respect to the Project from the proceeds of obligations to be issued by the City in a principal amount currently estimated to be $26,869.35 (the "Obligations").
The City intends to make a reimbursement allocation on its books for the Original Expenditures not later than eighteen months following the later to occur of the date of the Original Expenditure to be reimbursed or the date the Project for which such Original Expenditures were made is "placed in service" within the meaning of Treasury Regulations Section 1.150-2(c). Upon the issuance of the Obligations, the proceeds of such Obligations shall be used to reimburse Sanitary/Sewer Reserve Fund 654, which is the fund from which the advance for costs of the Project will be made.
Section 9. 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 10. That the City Auditor is authorized to establish proper project accounting numbers as appropriate.
Section 11. 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 12. That this Ordinance shall take effect and be in force from and after the earliest period allowed by law.