Explanation
1. BACKGROUND:
A. Need: This legislation authorizes the Director of Public Utilities to enter into a planned modification of the professional engineering services contract with Brown and Caldwell Ohio, LLC in connection with the Sanitary System Overflow Elimination Project. This contract is for the development and implementation of a Capacity, Management, Operations, and Maintenance (CMOM) Program as required by the Consent Order entered into between the City of Columbus and the State of Ohio in August of 2002 to address the City's Sanitary Sewer Overflows (SSOs) throughout its collection system. This contract has always been planned as a multi-year contract with annual modifications until complete development of a sustainable CMOM Program that addresses all requirements of the State Consent Order. 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 budget estimate for this work thus far is approximately $23,824,306.14, and will involve future contract modifications. These proposed costs were reviewed by division engineering personnel and have been deemed to be reasonable and appropriate.
This modification is expected to be the final modification of a multi-year contract that was essential in meeting the requirements of the 2002 consent order with the state of Ohio. The consent order's requirements included addressing the city's sanitary sewer overflows throughout the collection system and the development and implementation of a Capacity, Management, Operations and Maintenance (CMOM) program. The modification will allow for the continuation of work currently performed and/or supported by the engineer to the city's Division of Sewerage and Drainage staff. Assistance and support will also be provided to the Department of Public Utility's asset management program on related issues of CMOM through this contract modification.
The engineer will provide assistance with putting procedures in place to insure sustainability of the various CMOM programs developed under past modifications. Work will also include assisting the Division of Sewerage and Drainage with the following: Reviewing work of satellite wastewater agencies (that have recently be issued director's findings and orders from OEPA requiring them to also develop CMOM programs for their collection systems) for the city's interests in issues such as flow monitoring data and excessive inflow and infiltration into the Columbus system; Working on the development of additional Standard Operating Procedures (SOPs) and manuals for the sewer maintenance section; Initiating a small diameter condition assessment program - this program is directly tied to the Asset Management Program and is an essential element for the Replacement Planning Model (RPM); training and support for the RPM; Continued evaluation of the metrics being used to measure performance, including reviewing targets and trending analysis.
Amount of additional funds to be expended: $1,538,056.80
Original Contract (Phase 1) - $4,600,166.09
(Includes Cancellation of $558,804.58)
Modification No. 1 - $6,199,407.81
(Includes Cancellation of $300,592.19)
Modification No. 2 - $3,196,441.66
Modification No. 3 - $3,197,107.48
Modification No.4 - $2,912,434.91
Modification No. 5 - $2,180,691.39
Modification No. 6 (Final Mod) $1,538,056.80
Total Proposal Amount: $23,824,306.14
Estimated total contract amount with all existing and future modifications: $23,824,306.14
Reasons additional goods/services could not be foreseen:
This Contract Modification No. 6 is a planned continuation and anticipated in the original legislation.
Reason other procurement processes are not used:
Timelines stipulated in the State Consent Order would not allow for continuously bidding the required ongoing work without major financial penalties, additionally the tremendous learning curve would be impractical in a program of this magnitude.
How was the cost of modification determined:
The cost of this contract modification is consistent with the direct labor, overhead, and rates established within the original proposal.
B. CONTRACT COMPLIANCE INFORMATION: 68-0442806 | MAJ. | 06/11/2011
C. EMERGENCY DESIGNATION: No Emergency Designation is being requested for this legislation.
2. FISCAL IMPACT:
This ordinance requests the transfer within the Sanitary Build America Bond (B.A.B.'s) for this expenditure and to amend the 2010 Capital Improvements Budget to establish sufficient budget authority for this expenditure for the Division of Sewerage and Drainage.
Title
To authorize the Director of Public Utilities to enter into a planned modification of the professional engineering services contract with Brown and Caldwell Ohio, LLC in connection with the Sanitary System Overflow Elimination Project; to transfer within the Sanitary Build America Bond (B.A.B.'s) for this expenditure the amount of $1,538,056.80; and to amend the 2010 Capital Improvements Budget; for the Division of Sewerage and Drainage. ($1,538,056.80).
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, Contract Modification No. 1, identified as Contract No. EL004149, was authorized by Ordinance No. 2013-2003, as passed by Columbus City Council on December 16, 2003, authorized the Director of Public Utilities to enter into a planned modification for funding the contracted scope of services through Fiscal Year 2004; and
WHEREAS, Contract Modification No. 2, identified as Contract No. EL005347, was authorized by Ordinance No. 0553-2005, as passed by Columbus City Council on May 9, 2005, authorized the Director of Public Utilities to enter into a planned modification for funding the contracted scope of services through the first quarter of 2006; and
WHEREAS, Contract Modification No. 3, identified as Contract No. EL006105, was authorized by Ordinance No. 0767-2006, as passed by Columbus City Council on May 8, 2006, authorized the Director of Public Utilities to enter into a planned modification for funding the contracted scope of services through the first quarter of 2007; and
WHEREAS, Contract Modification No. 4, identified as Contract No. EL007280, was authorized by Ordinance No. 1184-2007, as passed by Columbus City Council on September 10, 2007, authorized the Director of Public Utilities to enter into a planned modification for further funding the contracted scope of services ; and
WHEREAS, Contract Modification No. 5, identified as Contract No. EL009434, was authorized by Ordinance No. 0156-2009, as passed by Columbus City Council on March 30, 2009, was executed June 19, 2009, and approved by the City Attorney June 30, 2009; 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, it is necessary to authorize the transfer of cash in the amount of $1,538,056.80 within the Sanitary B.A.B.s (Build America Bonds) Fund 668 for purposes of providing for the sanitary sewer capital improvements project; and
WHEREAS, it is necessary for City Council to authorize the expenditure of funds from the Sanitary B.A.B.s (Build America Bonds) Fund 668; and
WHEREAS, it is necessary to authorize an amendment to the 2010 Capital Improvements Budget for the purpose of creating and providing sufficient spending authority for the aforementioned project expenditure; and
WHEREAS, it is necessary for this City Council to authorize the Director of Public Utilities to execute a planned, contract modification with the professional engineering services firm of Brown and Caldwell Ohio, LLC, pursuant to ensuring the continuation of contract work which is necessary to fulfill the City of Columbus's commitments relating to the aforementioned Consent Order, for the 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 be, and hereby is, authorized to enter into a planned modification of the professional engineering services contract identified as City Auditor's Contract No. EL003005, with Brown & Caldwell Ohio, LLC., 4700 Lakehurst Court, Columbus, Ohio 43016, in connection with the Sanitary System Overflow Elimination Project, in accordance with the terms and conditions as shown in the original contract on file in the office of the Division of Sewerage and Drainage.
Section 2. That the City Auditor be and hereby is authorized to transfer a total of $1,538,056.80 from within the Sanitary B.A.B.s (Build America Bonds) Fund 668 | Division 60-05 | Object Level Three No. 6676:
From:
Project No. | Project Name | OCA Code | change
650691-100002 | OSIS Downtown Odor Control Phase 2 | 651692 | (-$1,489,278.00)
650348-100002 | WWTF Instrumentation and Control | 652348 | (-$48,778.80)
To:
Project No. | Project Name | OCA Code | change
650690-100000 | Sanitary Sewer Overflow Elimination Project Mod #6 | 668690 | (+$1,538,056.80)
Section 3. That the expenditure of $1,538,056.80 or as much thereof as may be needed, be is hereby authorized from the Sanitary B.A.B.s (Build America Bond) Fund | Fund 668 | Division 60-05 | Sanitary Sewer Overflow Elimination Project Mod #6 | 668690 | Object Level Three 6676
Section 4. That the 2010 Capital Improvements Budget Ord. 0564-2010 is hereby amended as follows:
Project No. | Project Name | Current Authority | Revised Authority | Change
650691-100002 | OSIS Downtown Area Odor Control Phase 2 | $1,489,278 (carryover) | $0 | (-$1,489,278)
650348-100002 | WWTF Instrumentation and Control | $557,929 (carryover) | $509,150 | (-$48,779)
650690-100000 | Sanitary Sewer Overflow Elimination Project Mod #6 | $0 | $1,538,057 | (+$1,538,057)
Section 5. That the City Auditor is hereby authorized and directed to transfer any unencumbered balance in the 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; except that no transfer shall be so made from a project account funded by monies from more than one source.
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 authorized to establish proper project accounting numbers as appropriate.
Section 8. That the City Auditor is authorized to make any accounting changes to revise the funding source for any contract or contract modifications associated with this ordinance.
Section 9. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.