Explanation
BACKGROUND: This ordinance authorizes the Finance Director to modify an existing contract with ABB, Inc. for the Division of Electricity for the purchase of circuit breakers needed to comply with the federally mandated Spill Prevention Control and Countermeasures requirements. It is necessary to modify the contract to include the cost of Items 3 and 4 of the bid proposal that were inadvertently omitted from the authorized contract dollar amount.
Amount of additional funds to be expended: $7,000.00
(Original contract amount is $755,888.70)
Reasons additional goods/services could not be foreseen: Items 3 and 4 of Solicitation SA001121, opened May 27, 2004, were for shop drawing approval and witness testing of the 69kv and 138kv circuit breakers. The cost of these items was inadvertently omitted from the contract award letter and was not included in the authorizing Ordinance 1260-2004, passed July 19, 2004.
Reason other procurement processes are not used: ABB, Inc. was awarded the original contract for the purchase of Circuit Breakers based upon the lowest bid received May 27, 2004. ABB, Inc. submitted a bid of $3,500 each for Item 3, 69kv Circuit Breaker shop drawing approval and witness testing, and Item 4, 138kv Circuit Breaker shop drawing approval and witness testing; however, these items were not included in the amount authorized. The total amount of ABB, Inc.'s bid, including these two items, is still lower than the next lowest bidder. It would not be feasible to bid these items separately as they must be awarded to the vendor manufacturing the circuit breakers.
How cost of modification was determined: The modification is based upon the amount bid in the original bid document SA001121, opened May 20, 2004.
Contract Compliance Number: 363100018
Emergency action is requested in order to meet the USEPA mandated completion date of February 18, 2005. Failure to meet this deadline could result in substantial penalties.
FISCAL IMPACT: There is sufficient funding in the Voted 1995 and 1999 Street Lighting and Electricity Distribution Improvements Fund 553, Federal Mandate Spill Prevention Project 670619 for this expenditure.
Title
To authorize the Finance Director to modify an existing contract with ABB, Inc. for Circuit Breakers relating to the federally mandated spill prevention control and countermeasures plan for the Division of Electricity; to authorize the expenditure of $7,000.00 from the Voted 1995 and 1999 Street Lighting and Electricity Distribution Improvements Fund; and to declare an emergency. ($7,000.00)
Body
WHEREAS, the United States Environmental Protection Agency has mandated by change to the Clean Water Act of 1974 the requirement that electrical substation equipment fall under this requirement; and
WHEREAS, the Division of Electricity has elected to replace the old oil circuit breakers with non-polluting SF6 breakers as part of its plan to meet the mandate; and
WHEREAS, an award was made to ABB, Inc. for Circuit Breakers based upon bids received for solicitation SA001121, opened May 27, 2004; and
WHEREAS, Ordinance Number 1260-2004, passed July 19, 2004, authorized the Finance Director to enter into a contract with ABB, Inc. and authorized the expenditure for the purchase of Circuit Breakers; and
WHEREAS, the cost for Items 3 and 4 of the aforementioned solicitation were inadvertently omitted from the amount authorized by Ordinance Number 1260-2004; and
WHEREAS, emergency action is necessary to comply with the USEPA mandated completion date for the implementation of the Spill Prevention Control and Countermeasures plan; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Utilities, Division of Electricity, in that it is immediately necessary to modify a contract with ABB, Inc. for the purchase of Circuit Breakers 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 Finance Director is hereby authorized and directed to modify an existing contract for the purchase of circuit breakers from ABB, Inc. to add Items 3 and 4, in the amount of $7,000.00, based upon Solicitation SA001121, opened May 27, 2004.
SECTION 2. That this contract modification is in compliance with Section 329.13 of Columbus City Codes, 1959.
SECTION 3. That to pay the cost of the aforesaid contract modification, the expenditure of $7,000.00, or so much thereof as may be needed, is hereby authorized from the Voted 1995 and 1999 Street Lighting and Electricity Distribution Improvements Fund 553, Division No. 60-07, Federal Mandated Oil Spill Prevention Project Number 670619, OCA Code 670619, Object Level Three 6621.
SECTION 4. 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 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.