Explanation
1. BACKGROUND:
A. Need. This legislation authorizes the Director of Public Utilities to enter into a construction contract with Trumbull Corporation in connection with the OSIS Augmentation & Relief Sewer (OARS) Project Phase 2; to authorize the appropriation and expenditure of $76,919700.00 from the Ohio EPA Water Pollution Control Loan Fund (WPCLF); and to amend the 2011 Capital Improvements Budget for the Division of Sewerage and Drainage.
The project consists of the construction of access shafts, hydraulic drop structures, relief structures, overflow connector sewers, a pump station, the pump electrical building, a river outfall structure, and flow diversion structures as shown on the detailed drawings and as specified in the Project Manual and contract specifications. The facilities will be located at four (4) construction sites namely the Jackson Pike site north of the existing JPWWTP, Shaft 3 site at the west end of Moler Street, Shaft 4 site at the north end of WSST and the Shaft 5 site on Short Street.
The CONTRACTOR shall complete the following activities of Work by the Milestone dates indicated.
Milestone Activity
1 Access to Shaft 5 shall not occur prior to January 1, 2012
2 The OARS Diversion Structure shall be available no later than July 15, 2013 and the construction of the Pump Electrical Building and the tie in of the 96" CSG shall not initiate until July 15, 2013
3 Initiate Site Electrical and complete closure of 144" CSG no sooner than October 20, 2013
4 Initiate Electrical Conduit for OSS no sooner than July 1, 2014
5 Complete Pump Electrical Building by July 15, 2014, not including Operational Demonstration
6 Shaft 6 access will not be available until June 1, 2014 or Substantial Completion of Shaft 6 by the Phase 1 Contractor.
7 All site work that is exterior of structures and all underground construction at the Jackson Pike WWTP shall be completed by September 13, 2014
8 Initiate Operation Demonstration no later than November 1, 2014
9 Substantial Completion - December 31, 2014
10 Final Completion - June 1, 2015
B. Procurement Information: The Division advertised for competitive bid proposals on the City of Columbus's Vendor Services website and in the City Bulletin in accordance with the provisions of Section 329.14 of Columbus City Codes. The Division of Sewerage and Drainage opened the responding bids on May 4, 2011 from the following companies:
Name C.C. No. City/State MAJ/MBE/FBE
Trumbull Corporation 25-1021993 Pittsburgh, PA MAJ
Renda Southerland JV 74-2151660 Fort Worth, TX MAJ
74-1472142 MAJ
Walsh Ric-Man JV 27-0887958 Chicago, IL MAJ
38-1943960 MAJ
Kenny Obayashi JV 26-2579073 North Brook, IL MAJ
Barnard Construction 81-0384712 Bozeman, MT MAJ
Kitwit Infrastructure 47-0640263 Omaha, NE. MAJ
These bids were reviewed and ranked utilizing the Bid Tab and Quality Factor Form evaluation process. After careful consideration, the committee recommended that Trumbull Corporation be selected to provide the construction services for the OSIS Augmentation & Relief Sewer (OARS) Project Phase 2 for which the Director of Public Utilities has concurred.
The Engineer's construction cost estimate was: $90,000,000.00
Original Contract (Phase 1) $264,506,000.00
Phase 2 $ 76,919,700.00
Estimated Total $341,425,700.00
The Award is recommended to the lowest Responsive, Responsible, and Best Bidder.
.
C. Contract Compliance No.: 25-1021993 | Expires: 04/01/2013| MAJ
This company is not debarred according to the Federal excluded parties listing or prohibited from being awarded a contract according to the Auditor of State unresolved findings for recovery search
D. Emergency Designation: Emergency designation is requested in order to comply with the consent order and meet the construction contract schedule requirements of the Ohio EPA.
2. FISCAL IMPACT:
This ordinance authorizes the appropriation and transfer of $76,919,700.00 from the Sewer System Reserve Fund, Fund 654, to the Ohio Water Pollution Control Loan Fund, Fund 666, to fund this expenditure. This transaction is a temporary measure that is required until such time as the Department is able to execute a WPCLF loan agreement with the Ohio EPA and the Ohio Water Development Authority (OWDA) and reimburse the Sewer System Reserve Fund. This ordinance amends the 2011 Capital Improvements Budget for the Division of Sewerage and Drainage.
Title
To authorize the Director of Public Utilities to enter into a construction contract with the Trumbull Corporation, in connection with the OSIS Augmentation & Relief Sewer (OARS) Project Phase 2; to authorize the appropriation, transfer, and expenditure of $76,919,700.00 from the Sewer System Reserve Fund to the Ohio EPA Water Pollution Control Fund ; to amend the 2011 Capital Improvements Budget for the Division of Sewerage and Drainage; and declare an emergency. ($76,919,700.00)
Body
WHEREAS, six competitive bids for construction of the OSIS Augmentation & Relief Sewer (OARS) Project Phase 2, were received and opened on May 4, 2011 in the offices of the Director of Public Utilities; and
WHEREAS, the Division of Sewerage and Drainage engineering personnel have determined it necessary to enter into a construction contract with Trumbull Corporation, in order to provide for construction of OSIS Augmentation & Relief Sewer (OARS) Project Phase 2; and
WHEREAS, the Ohio Water Development Authority (OWDA) board meeting will be held on July 28, 2011 to review the City of Columbus's WPCLF project number CS390274-0147 for the amount of $76,919,700.00 to provide financing for the above listed project with eligible costs including the construction contract and contingency; and
WHEREAS, it is immediately necessary to both appropriate funds from the Sewer System Reserve Fund and authorize the transfer of said funds into the Water Pollution Loan Fund, in order to temporarily fund this expenditure and provide the requisite budget authority for the said project, until such time as the City is able to execute a WPCLF loan agreement for the above stated purpose and reimburse the Sewer System Reserve 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 construction of the Project described in this Ordinance (collectively, the "Project"); and
WHEREAS, it is immediately necessary to amend the 2011 Capital Improvements Budget to provide sufficient authority for increasing a capital project account; and
WHEREAS, due to a consent order and the required construction contract schedule and requirements of the Ohio EPA an emergency exist in the usual daily operations of the Division of Sewerage and Drainage, Department of Public Utilities, in that it is immediately necessary for this Council to authorize the Director of Public Utilities to enter into a construction contract with Trumbull Corporation for the OSIS Augmentation & Relief Sewer (OARS) Project Phase 2, at the earliest practical date for the immediate preservation of the public health, welfare, peace, property, and safety; 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 enter into a contract with the Trumbull Corporation, 225 North Shore Drive, Pittsburgh, PA. for the OSIS Augmentation & Relief Sewer (OARS) Project Phase 2 in accordance with the terms and conditions as shown on the contract on file in the office of the Division of Sewerage and Drainage.
Section 2. That from the unappropriated monies in the Sewer System Reserve Fund 654, and from all monies estimated to come into said fund from any and all sources, and unappropriated from any other purpose for the OSIS Augmentation & Relief Sewer (OARS) Project Phase 2, the sum of $76,919,700.00 is hereby appropriated to the Division of Sewerage and Drainage; Division 60-05 | ObjLvl1 10 | ObjLvl3 5502 | OCA Code 901654.
Section 3. That the City Auditor is hereby authorized to transfer $76,919,700.00 from the Sewer System Reserve Fund 654 to the Water Pollution Control Loan Fund, Fund No. 666, into the said fund from any and all sources, into the appropriate accounts as specified in the section below, at such time as deemed necessary by him, and to expend the said funds, or as much as thereof as may be necessary for the OSIS Augmentation & Relief Sewer (OARS) Project Phase 2 as follows:
Division 60-05 | Fund No. 666 | Project No. 650704-100002 | Object Level 6621 | 667042 | $76,919,700.00
Section 4. That for the purpose of paying the cost of the Ohio Water Development Authority (OWDA) Fund Eligible Items within the aforementioned contract, the following expenditure, or as much thereof as may be needed, is hereby authorized as follows: Fund No. 666, Dept/Div. No. 60-05, Project: 650704-100002 | 667042 | Object Level One 10 | Object Level Three 6630 | Amount $76,919,700.00.
Section 5. That the 2011 Capital Improvements Budget is hereby amended as follows:
Fund No. | Project No. | Project Name | Current Authority | Revised Authority | Change
666 | 650704-100002 | OSIS Augmentation & Relief Sewer (OARS) Project Phase 2 | $0 | $76,919,700.00 | $76,919,700.00
666 | 650704-100001 | OSIS Augment Sewer, Henry St.- JPWWTP | $90,000,000 |$0 | ($90,000,000)
Section 6. That upon obtaining other funds for the purpose of funding the sanitary sewer system capital improvement work, the City Auditor is hereby authorized to repay the Sewer System Reserve Fund the amount transferred under the above section, and said funds are hereby deemed appropriated for such purpose.
Section 7. That said construction company, Trumbull Corporation, shall conduct the work to the satisfaction of the Director of Public Utilities and the Administrator of the Division of Sewerage and Drainage.
Section 8. 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 9. That the City Auditor is authorized to establish proper project accounting numbers as appropriate.
Section 10. 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 11. 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 which 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.