Explanation
1. BACKGROUND:
This legislation authorizes modifying the professional engineering services contract with Brown and Caldwell Ohio, LLC in connection with the Sanitary System Overflow Elimination Project. This contract is one of the most important undertakings currently being performed by the Division of Sewerage and Drainage, as it will establish standards for the operation, maintenance, system extensions, and the development and prioritization of future capital improvement budgets.
This professional services contract was originally procured with a scope that included a multi-year renewable contract option for an entire scope of services. This provision allows the City to appropriate funds annually or on an as-needed basis depending upon the project's progress. This modification will fund services through the 2004 fiscal year. The budget estimate for this work is approximately $18,279,000.00, and will involve contract modifications through fiscal year 2008.
These contract services are a direct result of the consent order entered into between the City of Columbus and the Ohio Attorney General's Office. The purpose of the consent order is to resolve allegations that the City has operated its wastewater treatment plants and collection system in such a manner as to result in violation of the National Pollutant Discharge Elimination System (NPDES) permits issued by the State of Ohio. The consent order requires the City to develop and implement a Capacity, Maintenance, Operation, Management (CMOM) program.
2. PROFESSIONAL ENGINEERING SERVICES MOD. AWARD: This contract is a multi-year contract that allows the City to appropriate funds on an as-need basis to cover the costs of services for a 12 month period, and it is necessary to fulfill the schedule and funding commitments for this project. This work is a planned, continuation of the services as originally included within the existing contract's scope of service. The contract total, including this modification is $11,658,970.67. It is also projected that modifications will be required in fiscal years 2004 through 2008 based upon current project schedules. These services are of a highly specialized and technical nature, and it is not practical or economical to have these services performed by city personnel. The costs have been deemed acceptable with the planned services for the remaining development of this project. These proposed costs were reviewed by division engineering personnel and have been deemed to be reasonable and appropriate.
Title
To authorize the Director of Public Utilities to modify the professional engineering services contract with Brown & Caldwell Ohio, LLC for the Sanitary Sewer Overflow Elimination Project; and to authorize the appropriation, transfer and expenditure of $6,500,000.00 from the Sewer System Reserve Fund to the 1991 Voted Sanitary Bond Fund; for the Division of Sewerage and Drainage. ($6,500,000.00)
Body
WHEREAS, a consent order was entered into on July 31, 2002, in resolution of Case No. 02-WH-05-5768, the State of Ohio, ex. rel., Betty D. Montgomery Attorney General of Ohio v. City of Columbus, as a result of allegations from the State that the City has operated its wastewater treatment plants and collection system in such a manner as to result in violations of the National Pollutant Discharge Elimination System (NPDES) permits issued by the Ohio Environmental Protection Agency (EPA) and in violation of the water pollution laws of the State of Ohio; and
WHEREAS, as a result of this Consent Order, the City of Columbus was required to develop a Capacity, Maintenance, Operation, Management (CMOM) Program; and
WHEREAS, on December 23, 2002, the Director of Public Utilities entered into contract with Brown & Caldwell Ohio, LLC, identified as Contract No. EL003005, as authorized by Ordinance No. 1978-2002, as passed by Columbus City Council on December 16, 2002, for purposes of providing the professional services necessary to develop and implement a Capacity, Maintenance, Operation Management Program (CMOM) pursuant to the elimination or mitigation of all known sanitary sewer overflow points within the City of Columbus's sanitary sewer system; and
WHEREAS, the subject agreement was established as a multi-year agreement, whereby the Director of Public Utilities could request City Council approval to modify the agreement annually for purposes of authorizing the continuation of the contract work and for appropriating funds on a calendar year basis; and
WHEREAS, in order to continue with the subject project services, pursuant to fulfilling the stipulated terms and conditions of the aforementioned consent order, it is necessary for the City Council to authorize the appropriation, transfer, and expenditure of funds from the Sewer System Reserve Fund to the 1991 Voted Sanitary Bond Fund; and to authorize the Director of Public Utilities to execute Modification No. 1, with Brown & Caldwell Ohio, Inc., in connection with the Sanitary Sewer Overflow Elimination Project, at the earliest practicable date, now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That from the unappropriated monies in the Sewerage System Reserve Fund No. 654, 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, 2003, the sum of $6,500,000.00 is hereby appropriated to the Division of Sewerage and Drainage| Division 60-05| Object Level One 10|Object Level Three 5502| OCA Code 901553.
Section 2. That the City Auditor is hereby authorized to transfer $6,500,000.00 to the 1991 Voted Sanitary Bond Fund, into the Sanitary Sewer Overflow Elimination Project, Project No. 650690,at such time as deemed necessary by him, and to expend said funds, or so much thereof as may be necessary.
Section 3. That the $6,500,000.00 is hereby appropriated for the Sanitary Sewer Overflow Elimination Project within the 1991 Voted Sanitary Bond Fund| Fund 664| Division 60-05| Project 650690| OCA Code 664690.
Section 4. That the Director of Public Utilities be, and hereby is, authorized to modify the professional engineering services contract, identified as City Auditor's Contract No. EL003005, with Brown & Caldwell Ohio, LLC., 2674 Federated Boulevard, Columbus, Ohio 43235, for professional engineering services associated with the Sanitary Sewer Overflow Elimination Project, in accordance with the terms and conditions as shown in the Modification No. 1 on file in the office of the Division of Sewerage and Drainage's, Sewer System Engineering Section.
Section 5. That for the purpose of paying the cost of the professional engineering services contract modification the following expenditure, or as much thereof as may be needed, is hereby authorized from the 1991 Voted Sanitary Bond Fund| Fund No. 664| Div.: 60-05| Project: 650690| OCA: 664690| Object Level Three: 6676| Amount: $6,500,000.00.
Section 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.