Explanation
1. BACKGROUND:
This legislation authorizes the Director of Public Service to modify the existing contract with Environmental Enterprises Inc. for the for the location, control, capture, and disposal of escaped bio-diesel fuel, contaminated water, contaminated soil; and the reclamation of the property located at 2100 Alum Creek Drive, Columbus, Ohio 43207, to the standards established by the Ohio Environmental Protection Agency and the Bureau of Underground Storage Tank Regulations. This contract was authorized with the September 24, 2007, Mayor's Emergency in the amount of $400,000.00.
Ordinance 0588-2008 extended this contract through December 31, 2011, increased the contract amount by an additional $788,000.00 and established purchase order EL008129 which expired with a remaining balance of $177,165.00.
Ordinance 1029-2012 cancelled purchase order EL008129 and extended the contract through December 31, 2013 with the option to extend the contract for one additional year through December 31, 2014, and increased the contract amount by an additional $25,000.00 to a total contract amount of $1,213,000.00. This ordinance established purchase order EL012945 in the amount of $202,165.00 for payment of this contract.
Ordinance 2761-2012, transferred the contract to Environmental Enterprises Inc. to perform these duties.
This ordinance authorized the encumbrance and expenditure of $132,765.00 or so much thereof as may be necessary for this purpose. This contract expired December 31, 2014 with work still needing to be completed. The contract had a remaining balance of $25,870.24.
This ordinance cancels the remaining funds available on purchase order EL013961 and authorizes the encumbrance and expenditure of funds in the amount of $19,475.00 for the completion of this project.
2. CONTRACT COMPLIANCE
Environmental Enterprises Inc. contract compliance number is 310895554 and expires 5/18/2017.
3. FISCAL IMPACT
Funding for this project is available within the Refuse Bond Fund no. 703.
4. EMERGENCY ACTION
The department requests emergency designation in order to ensure remediation efforts continue. It is in the best interest of the city to ensure timely remediation of this spill.
Title
To authorize the Director of Public Service to modify the contract with Environmental Enterprises Inc.; to amend the 2015 Capital Improvements Budget; to authorize the encumbrance and expenditure of monies with the Refuse Bond Fund for the Department of Public Service and declare an emergency. ($19,475.00)
Body
WHEREAS, in 2007, the Division of Refuse Collection determined that a bio-diesel fuel tank was leaking at 2100 Alum Creek Drive and entered into contract with Environmental Enterprises, Inc. for services to locate, control, capture and dispose of escaped bio-diesel fuel to the standards established by the Ohio Environmental Protection Agency and the Bureau of Underground Storage Tank Regulations; and
WHEREAS, it is now necessary to modify the contract with Environmental Enterprises Inc. in order to complete the work; and
WHEREAS, it is necessary to amend the 2015 C.I.B. and transfer funds to the appropriate project within the Refuse Bonds Fund; and
WHEREAS, it is necessary to authorize this expenditure in order to provide adequate operating resources for the Division Refuse Collection; and
WHEREAS, an emergency exists in the usual daily operation of the Department Public Service, Division of Refuse Collection, in that it is immediately necessary to modify the contract with Environmental Enterprises Inc. to allow for services to continue, 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 City Auditor is authorized to cancel purchase order EL013961, returning monies to:
Fund / Dept - Div / Project / Project Name / O.L. 01-03 Codes / OCA Code / Amount
703 / 59-02 / 520004-100000 / Alum Creek Remediation / 06-6602 / 703004 / $22,671.07
748 / 59-02 / 520004-100000 / Alum Creek Remediation / 06-6602 / 748004 / $3,199.17
SECTION 2. That the 2015 Capital Improvement Budget authorized by Ordinance 0557-2015 be amended due to the cancellation described in Section 1 as follows:
Fund / Dept - Div / Project / Project / Current CIB Amount / amendment amount / CIB amount as amended
703 / 59-02 / 520004-100000 / Alum Creek Remediation (Carryover) / $1.00 / $22,672.00/ $22,673.00
748 / 59-02 / 520004-100000 / Alum Creek Remediation (Carryover) / $0.00 / $3,200.00 / $3,200.00
SECTION 3. That the Director of Public Service is authorized to modify the contract with Environmental Enterprises Inc. 1253 Essex Avenue Columbus, OH 43201 to allow for services to continue on behalf of the Division of Refuse Collection to mitigate environmental and damage at 2100 Alum Creek Drive, caused by the accidental discharge of bio-diesel fuel leaking from a fuel tank.
SECTION 4. That the Director of Public Service is authorized to encumber and expend $19,475.00 or so much thereof as may be necessary for this purpose.
Fund / Dept. - Div. / Project / Project Name / O.L. 01-03 Codes / OCA Code / Amount
703 / 59-02 / 520004-100000 / Alum Creek Remediation / 06-6602 / 703004 / $19,475.00
SECTION 5. 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 6. 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 7. 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 8. 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 approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.