Explanation
1. BACKGROUND:
A.) Need: This legislation authorizes the Director of Public Utilities to enter into a professional construction management services contract with H. R. Gray & Associates, Inc. for the BWARI Tunnel Project, BOAS Tunnel Project, and Air Quality Control Facility Project. The amount requested under this ordinance for the H. R. Gray & Associates, Inc. construction management services contract is $1,686,315.00. These funds are needed to continue construction management services through an extended period of construction.
This work is a continuation of Construction Management services for the BWARI Tunnel Project, BOAS Tunnel Project, and Air Quality Control Facility Project that has been ongoing under contracts with URS Corporation. The funding for the Construction Management efforts are being separated from the services performed by the Design Professional (the City is replacing URS with CPI for engineering services associated with the protective linings). The Division of Sewerage and Drainage has determined that these services cannot be performed by City personnel at this time, and has planned for the procurement of these services on a routine basis. The potential need for the work was foreseen and so stated in the original contract's explanation of legislation.
Per recommendation of legal council, H.R. Gray's (sub) services should be contracted directly through the City, instead of a subsidiary of the primaries contract, during dispute resolution of URS Corporations's (primary) pending legal concerns in relation to the BWARI project due to a potential contrast of interest between URS and H.R. Gray. Due to this and the need for continued work by H.R. Gray competitive bidding for this project was waived.
B.) Contract Compliance No.: 31-1050479 | Exp. Date: 1/17/2010 | MAJ
C.) Emergency Designation: Emergency designation is requested for this ordinance as the existing work is ongoing and integral to all dispute resolution efforts. This will also assure that the construction contract work may continue uninterrupted and avoid possible delays and to assure minimum final costs to the City in establishing these vital plant facilities.
2. FISCAL IMPACT:
This ordinance authorizes the transfer of funds from within the Sanitary Sewer Revenue Bonds Fund for this expenditure. Also, the 2008 Capital Improvements Budget is amended for this expenditure upon passage of this ordinance.
Title
To authorize the Director of Public Utilities to enter into a professional construction management services contract with H. R. Gray & Associates, Inc. for the BWARI Tunnel Project, BOAS Tunnel Project, and Air Quality Control Facility Project; to authorize the transfer of $216,097 and expenditure of $1,686,315.00 from within the Sanitary Sewer Revenue Bonds Fund; and to amend the 2008 Capital Improvements Budget; to waive provisions of competitive bidding, for the Division of Sewerage and Drainage; and to declare an emergency. ($1,686,315.00)
Body
WHEREAS, the Division of Sewerage and Drainage engineering personnel have determined it necessary to enter into a professional construction management services contract with H. R. Gray & Associates, Inc., for the BWARI Tunnel Project, BOAS Tunnel Project, and Air Quality Control Facility Project; and
WHEREAS, waiver of competitive bidding provisions of the City Code is being requested; and
WHEREAS, it is necessary to authorize the transfer of funds within the Sanitary Sewer Revenue Bonds Fund to provide sufficient funding for the aforementioned project expenditure; and
WHEREAS, it is necessary to authorize an amendment to the 2008 Capital Improvements Budget for the purpose of providing sufficient spending authority for the aforementioned project expenditure; and
WHEREAS, it is necessary for City Council to approve the aforementioned necessary expenditure from the Sanitary Sewer Revenue Bonds Fund; and
WHEREAS, an emergency exists in the usual daily operation of the Division of Sewerage and Drainage, Department of Public Utilities, in that it is immediately necessary for this Council to authorize the professional construction management services contract with H. R. Gray & Associates, Inc., which is necessary to continue construction for the BWARI Tunnel Project, BOAS Tunnel Project, and Air Quality Control Facility Project, at the earliest practicable date; for the immediate preservation of the public health, 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 execute a professional construction management services contract in the amount of $1,686,315.00 with H. R. Gray & Associates, Inc., 3770 Ridge Mill Dr., Columbus, Ohio 43026, for the BWARI Tunnel Project, BOAS Tunnel Project, and Air Quality Control Facility Project in accordance with the terms and conditions as shown in the contract on file in the office of the Division of Sewerage and Drainage.
Section 2. That in accordance with Section 329.27 of the Columbus City Codes, the Columbus City Council finds it in the best interest of the City of Columbus to waive formal competitive bidding requirements as they pertain to the action authorized in SECTION 1 of this ordinance and that Sections 329.06 and 329.07 of the Columbus City Codes are hereby waived.
Section 3. That the City Auditor is hereby authorized to transfer and appropriate $216,097.00 within the Sanitary Sewer Revenue Bonds Fund, Fund 665; Object Level Three 6678; Division of Sewerage and Drainage; Div. 60-05:
FROM:
Proj. No. | Proj. Name | OCA | Amount
650491 | Big Walnut/Rickenbacker Sanitary | 665491 | -$216,097.00
TO:
Proj. No. | Proj. Name | OCA | Amount
650430 | Big Walnut Outfall | 665430 | $216,097.00
Section 4. That the 2008 Capital Improvements Budget Ordinance No. 0690-2008 is hereby amended as follows, to provide sufficient budget authority for the award of the agreement stated herein.
Project No. | Project Name | Current Authority | Revised Authority | (Change)
650491-10002 | Big Walnut/ Rickenbacker San | $1,800,000 | $250,000 | (-$1,550,000)
650491-10003 | Big Walnut/ Rickenbacker San | $1,044,000 | $957,685 | (-$86,315)
650430-10001 | Big Walnut Outfall | $0.00 | $216,097 | (+$216,097)
650491-10001 | Big Walnut/ Rickenbacker San | $250,000 | $1,670,218 | (+$1,420,218)
Section 5. That for the purpose of paying the cost of the professional construction management services contract, the following expenditure, or as much thereof as may be needed, be and the same is hereby authorized as follows: Division 60-05 | Fund 665 | Object Level Three 6678:
Proj. No. | Proj. Name | OCA | Amount
650491 | Big Walnut/Rickenbacker Sanitary | OCA Code 665491 | Amount $1,470,218
650430 | Big Walnut Outfall | OCA Code 665430 | Amount $216,097
(NOTE for Purchase Order: 650430.1 = $85,732 and 650430.1B = $130,365)
Section 6. That the City Auditor is hereby authorized 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 are no longer required for said project; except that no transfer shall be made from a project by monies from more than one source.
Section 7. 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 8. That the City Auditor is authorized to establish proper project accounting numbers as appropriate.
Section 9. 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.