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File #: 0771-2014    Version: 1
Type: Ordinance Status: Passed
File created: 3/25/2014 In control: Public Utilities Committee
On agenda: 4/28/2014 Final action: 5/1/2014
Title: To authorize the Director of Public Utilities to modify and increase the construction contract with Kokosing Construction Company, Inc., in the amount of $1,457,331.00, for additional work needed on the Dublin Road Water Plant (DRWP) Sludge Pump Station and Electrical Substation Project; for the Division of Water; to authorize a transfer and expenditure up to $1,457,331.00 within the Water Works Enlargement Voted Bonds Fund; to amend the 2014 Capital Improvements Budget; and to declare an emergency. ($1,457,331.00)
Attachments: 1. ORD 0771-2014 Information, 2. ORD 0771-2014 Sub ID, 3. ORD 0771-2014 map
Explanation
 
1. BACKGROUND:  This Ordinance authorizes the Director of Public Utilities to modify and increase the construction contract with Kokosing Construction Company, Inc. for the Dublin Road Water Plant (DRWP) Sludge Pump Station and Electrical Substation Project, for the Division of Water, Contract No. 1009-Part 1.
 
This contract provides for work to bring the Dublin Road Water Plant into compliance with Ohio EPA regulations and to improve operational reliability.
 
Modification No. 1 reduced Contract No. EL013960 by $854,700.00 for underground storage and additional off site material that was no longer needed.
 
Modification No. 2 (current) is needed to increase Contract No. EL013960 by $1,457,331.00 for the following items:
 
A.      RFP-010 Electrical Ductbank from Twin Rivers Drive to Auxiliary Pump Station $155,204.00
This work is needed to eliminate the risk of damaging the low hanging communication cables and electrical wires located on wooden utility poles at the Utilities Complex new access road.  These low hanging wires could be damaged by weather events, snow removal equipment or oversized vehicles exiting the site.  This would result in a significant long term loss of communication to 910 Dublin Road Utilities Complex and potential loss of electrical power to the auxiliary pump station.
 
B.      RFP-011 Separate Potable Water Lines from 910 and 940 Buildings - $157,753.00
This work is necessary to allow the Utilities Complex to function uninterrupted and maintain the delivery of potable water to the site for DRWP process water and for potable water at 910 Dublin Road.  As part of Contract 4 (Ion Exchange) a water line must be relocated. This water line feeds the 910 complex. If the work is not performed prior to the relocation there will have to be a disruption of water service to the complex while the line is relocated. The work to be furnished through this modification will mitigate the interruption.
 
C.      RFP-029 Addition of Ion Exchange Regeneration Waste Line to Sludge Pump Station - $158,087.00
The waste line for the ion exchange system in contract 4 would have conflicted with work already completed in contract 1. To minimize impact to project 1 and to limit the disturbance of the site work previously installed, it is in the best interest of the City to install this work within the current project in lieu of contract 4 to reduce re-work in the same area and reduce the costs.
 
D.      RFP-032 Removal of Rubble from Original 1908 Pump Station Foundation - $237,531.00
In the excavation for the new Electrical substation, the contractor encountered the deeply buried foundation of the original 1908 pump station.  The true extent of the 1908 pump station foundation was not fully identified and could not have been fully defined until the work initiated and the extent of the unforeseen conditions were exposed and identified. Failure to remove the 1908 foundations prior to construction of the new foundation for the Electrical Sub-station would have created an unsound building foundation for the new facility (uneven settlement).
 
CONTINGENCY - $748,756.00
 
ADDITIONAL MISCELLANEOUS INFORMATION
The project site work included a substantial amount of unknown and abandoned utilities that were not identified until the underground work was being performed.  The abandoned utilities were not contained on record drawings and could not have been located successfully prior to bid.   
 
1.1 Amount of additional funds to be expended:  $1,457,331.00
Original Contract Amount:      $22,001,320.00      (EL013960)
Modification No. 1:      ($     854,700.00)      (EL013960)
Modification No. 2:      $  1,457,331.00
Total (Orig. + Mods. 1-2)      $22,603,951.00
 
1.2. Reasons additional goods/services could not be foreseen:   
This project is the first of five sequential construction projects that are necessary to bring the Plant into compliance with Ohio EPA regulations and improve operational reliability.  The details regarding the 4th project (Ion Exchange & Plant Reliability Upgrades) was not fully understood or developed at the time Contract 1 bid.  Also, the true extent of the pump station foundation was not fully identified or could have been anticipated until the work was completed as contemplated.  In all cases, this additional work reduced the cost and schedule impacts to future projects at DRWP and provided for a suitable foundation for the electrical sub-station.
 
1.3. Reason other procurement processes are not used:  
The work included in this modification is an essential part of the work currently being performed in the original contract.  This modification keeps the contractor on schedule to finalize the Dublin Road Water Plant treatment upgrades and will minimize the impact to the water treatment plant reliability and minimize the impact to the other two water treatment plants respectively (HCWP & PAWP).  The additional cost, risk and liability associated with bidding out this work would well exceed any benefit.  The work was not anticipated at the time of bid and determined to be necessary to support future projects and properly complete elements of work underway on this project.
 
1.4. How cost of modification was determined:
Independent cost estimates were developed by the project designer and the program construction manager for each aspect of the work.  These estimates were compared against the contractor's pricing and negotiated as required to develop an appropriate cost or tracked for actual costs based on monitoring time and materials required for the work activity.
 
2. CONTRACT COMPLIANCE INFO:   31-1023518, expires 2/25/16, Majority
Searches in the Excluded Party List System (Federal) and the Findings for Recovery list (State) produced no findings against Kokosing Construction Company, Inc.
 
3. EMERGENCY DESIGNATION:  This project is the first of five sequential construction projects that are necessary to bring the plant into compliance with Ohio EPA regulations and improve operational reliability. This modification keeps the contractor on schedule to finalize the Dublin Road Water Plant treatment upgrades and will minimize the impact to the water treatment plant reliability and minimize the impact to the other two water treatment plants respectively (Hap Cremean and Parsons Avenue Water Plants).
 
4. FISCAL IMPACT:  A transfer of funds within the Water Works Enlargement Voted Bonds Fund and an amendment to the 2014 Capital Improvements Budget will be necessary for this project.
 
Title
 
To authorize the Director of Public Utilities to modify and increase the construction contract with Kokosing Construction Company, Inc., in the amount of $1,457,331.00, for additional work needed on the Dublin Road Water Plant (DRWP) Sludge Pump Station and Electrical Substation Project; for the Division of Water; to authorize a transfer and expenditure up to $1,457,331.00 within the Water Works Enlargement Voted Bonds Fund; to amend the 2014 Capital Improvements Budget; and to declare an emergency.  ($1,457,331.00)
 
Body
 
WHEREAS, Contract No. EL013960 with Kokosing Construction Company, Inc. was authorized by Ordinance No. 0052-2013, passed February 4, 2013, was executed on February 13, 2013, and approved by the City Attorney on February 21, 2013, for the Dublin Road Water Plant (DRWP) Sludge Pump Station and Electrical Substation Project; and
 
WHEREAS, Modification No. 1 was authorized by Ordinance No. 1925-2011, passed December 5, 2011, was executed December 7, 2011, and signed by the City Attorney on December 15, 2011; and
 
WHEREAS, Modification #2 is needed is for additional work as described in the background, in the amount of $1,457,331.00; and
 
WHEREAS, it is necessary to authorize the Director of the Department of Public Utilities to execute a modification to the construction contract for the Dublin Road Water Plant (DRWP) Sludge Pump Station and Electrical Substation Project; and
 
WHEREAS, it is necessary for this Council to authorize the transfer and expenditure of funds within the Water Works Enlargement Voted Bonds Fund, for the Division of Water; 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 expenditure; and
 
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Utilities, Division of Water, in that it is immediately necessary to authorize the Director of Public Utilities to modify and increase the construction contract with Kokosing Construction Company, Inc., for the Dublin Road Water Plant (DRWP) Sludge Pump Station and Electrical Substation Project, in an emergency manner in order to keep the contractor on schedule and to minimize the impact on the other two water treatment plants; 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 Director of Public Utilities is hereby authorized and directed to modify and increase the construction contract with Kokosing Construction Company, Inc. for the Dublin Road Water Plant (DRWP) Sludge Pump Station and Electrical Substation Project in the amount of $1,457,331.00.
SECTION 2.  That this agreement modification is in compliance with Section 329.16 of Columbus City Codes, 1959.
 
SECTION 3.  That the City Auditor is hereby authorized to transfer $1,457,331.00 within the Department of Public Utilities, Division of Water, Water Works Enlargement Voted Bonds Fund, Fund No. 606, Dept/Div. No. 60-09, Object Level Three 6623, as follows:
Fund No. | Project No. | Project Name | OCA Code | Change
606 | 690384-100000 (carryover) | Watershed Road Imp's | 690384 | -$1,457,331.00
606 | 690428-100002 (carryover) | DRWP S.P. & E.S. | 664282 | +$1,457,331.00
 
SECTION 4.  That the 2014 Capital Improvements Budget is hereby amended as follows:
Fund No. | Project No. | Project Name | OCA Code | Change
606 | 690384-100000 (carryover) | Watershed Road Imp's | $3,754,203 | $2,296,872 | -$1,457,331
606 | 690428-100002 (carryover) | DRWP S.P. & E.S. | $0 | $1,457,331 | +$1,457,331
 
SECTION 5.  That an expenditure up to $1,457,331.00 is hereby authorized for the Dublin Road Water Plant (DRWP) Sludge Pump Station and Electrical Substation Project within the Water Works Enlargement Voted Bonds Fund, Fund No. 606, Division 60-09, Project No. 690428-100002 (carryover), OCA Code 664282, Object Level Three 6623.
 
SECTION 6.  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 7.  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 8.  That the City Auditor is authorized to establish proper project accounting numbers as appropriate.
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 for reasons stated in the preamble hereto, which is hereby made a part hereof, this Ordinance is 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.