Explanation
1. BACKGROUND
This legislation authorizes the Director of Public Service to enter into contract with GS&P/OH Inc., an affiliate of Gresham, Smith and Partners (GS&P), to complete an environmental audit for Department of Public Service facilities, to provide detailed recommendations for any non-compliance issues found, to create environmental compliance training materials, and to perform any other work necessary to determine compliance with environmental standards or recommend corrective action for non-compliance to standards. This legislation also authorizes a waiver of the formal competitive bidding requirements of Columbus City Code.
GS&P recently completed an environmental audit for Fleet Management facilities concerning compliance with air, stormwater, and waste standards. This study also included some Department of Public Service facilities. Public Service requested GS&P prepare a scope of services and budget estimate to address non-conformances and inconclusive determinations found at the Public Service facilities.
Because the previous environmental audit did not include all Public Service operations, facilities, and environmental programs, GS&P was also asked to prepare a scope of services and budget estimate to audit them. Upon completion of this audit the Department will have a comprehensive understanding of its environmental compliance status. Additionally, it will have foundational programs in place to achieve and maintain compliance with air and waste regulations. If the study finds non-conformance to environmental standards, additional funds may need to be requested to develop recommendations to address them.
Searches in the Excluded Party List System (Federal) and the Findings for Recovery list (State) produced no findings against GS&P/OH Inc.
2. BID WAIVER
A bidding waiver is requested to allow the company that started the audit to finish it. Using another company will require expenditure of funds for the new company to become familiar with the findings from the first report and familiarize themselves with the Public Service operations. Using GS&P to complete the study prevents this duplication of work and saves the funds that would need to be expended for it.
3. FISCAL IMPACT
Funding for this contract is available with the Street and Highway Improvement (Non-Bond) Fund, Fund 766.
4. EMERGENCY DESIGNATION
Emergency action is requested to expedite this contract to allow non-compliance with environmental standards to be addressed as quickly as possible.
5. CONTRACT COMPLIANCE
GS&P/OH Inc.’s contract compliance number is 62-1736493; this expires December 3, 2017.
Title
To amend the 2015 Capital Improvement Budget; to appropriate funds within the Street and Highway Improvement Fund; to authorize and direct the City Auditor to transfer cash and appropriation within the Street and Highway Improvement Fund; to waive the competitive bidding requirements of Columbus City Code; to authorize the Director of Public Service to enter into a contract with GS&P/OH Inc. for Environmental Management System (EMS) support and support in the EMS certification process for the Department of Public Service; to expend up to $330,000.00 to pay for the contract; and to declare an emergency. ($330,000.00)
Body
WHEREAS, the Department of Public Service is mandated by the EPA to monitor air and waste compliance for all Department operations and facilities; and
WHEREAS, GS&P recently completed an environmental audit of some Department of Public Service facilities; and
WHEREAS, the recently completed audit found non-compliance with some standards requiring a plan to be developed to address the non-compliance issues; and
WHEREAS, the remaining Public Service facilities need to be audited for compliance with environmental standards; and
WHEREAS, the contract GS&P had with Fleet Management to perform the environmental audit does not cover the remaining Public Service facilities; and
WHEREAS, a waiver of the competitive bidding provisions of Columbus City Code is requested to allow GS&P to provide recommendations to address the issues found at the Public Service facilities in the initial study and to audit the remaining Public Service facilities; and
WHEREAS, an emergency exists in the usual daily operation of the Public Service Department in that it is immediately necessary to enter into a contract for this purpose, thereby preserving 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 2015 Capital Improvement Budget authorized by Ordinance Number 0557-2015 be amended to provide sufficient authority for this contract modification as follows:
Fund / Project / Project Name / Current C.I.B. / Amendment Amount / C.I.B. as amended
766 / 766999-100000 / Unallocated Balance Fund (Streets & Highway Imp Carryover) / 06-6600 / 766999 / $1,009,757.00 / $1,745,847.00 / $2,755,604.00 (to match cash)
766 / 766999-100000 / Unallocated Balance Fund (Streets & Highway Imp Carryover) / 06-6600 / 766999 / $2,755,604.00 / ($330,000.00) / $2,425,604.00
766 / 590130-100027 / Environmental Management System (Streets & Highway Imp Carryover) / 763127 / $0.00 / $330,000.00 / $330,000.00
SECTION 2. The sum of $330,000.00 be and is hereby appropriated from the unappropriated balance of the Street and Highway Improvement (Non-Bond) Fund, Fund 766, 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, 2016 as follows:
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / Amount
766 / 766999 -100000 / Unallocated Balance Fund / 06-6600 / 766999 / $330,000.00
SECTION 3. That the transfer of cash and appropriation within the Street and Highway Improvement (Non-Bond) Fund, Fund 766, be authorized as follows:
Transfer from:
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / Amount
766 / 766999 -100000 / Unallocated Balance Fund / 06-6600 / 766999 / $330,000.00
Transfer to:
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / Amount
766 / 590130-100027 / Environmental Management System / 06-3336 / 763127 / $330,000.00
SECTION 4. That the Director of Public Service be and hereby is authorized to enter into a contract with GS&P/OH Inc., for an environmental audit service, at a cost of $330,000.00 or so much thereof as may be needed.
SECTION 5. That this Council has determined it is in the best interest of the City that the requirements of Chapter 329 relating to formal competitive bidding be waived to enter into said contract.
SECTION 6. That the expenditure of $330,000.00 or so much thereof as may be necessary is hereby authorized to be expended as follows for the Department of Public Service:
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / Amount
766 / 590130-100027 / Environmental Management System / 06-3336 / 763127 / $330,000.00
SECTION 7. That the funds necessary to carry out the purpose of this ordinance are hereby deemed appropriated and the City Auditor shall establish such accounting codes as necessary.
SECTION 8. 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 9. That the City Auditor is hereby authorized to transfer the unencumbered balance in a project account to the unallocated balance account 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.
SECTION 10. 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.