Explanation
1. BACKGROUND:
This legislation authorizes the Director of Public Utilities to modify an existing professional engineering services contract for the Chestnut and Sixth Street Combined Sewer Rehabilitation and Naghten Street Storm Sewer Projects with the Ribway Engineering Group, Inc. The remaining portion of this contract consists of final plan development, engineering services during construction, and final record planning.
This modification (Mod #1) will increase the funding of the contract by an additional $138,195.00. Proposed future modifications plans and specifications are being finalized and an advertisement for the construction contract bid will occur this fall.
The original contract for Ribway Engineering Group, Inc. was for professional services for the rehabilitation of Chestnut & Sixth Street combined sewer project, as well the installation of a connecting 72-inch diameter storm sewer within Naghten Street.
1.1. Amount of additional funds to be expended: $138,195.00
Original Contract Amount: $578,813.00
Proposed Modification #1: $138,195.00
Proposed Future Modifications: $00.00
Proposed Total Amount: $717,008.00
1.2. Reasons additional goods/services could not be foreseen:
Additional coordination for easements and plan development related to the construction of ADA ramps and maintenance of traffic plans resulted in significantly more effort than anticipated in the original contract scope.
1.3. Reasons why the contract modification could not be bid out.
To use an existing professional engineering contract specifically for the rehabilitation of Chestnut & Sixth Street combined sewer project, as well the installation of a connecting 72-inch diameter storm sewer within Naghten Street. Also, in order to timely bid and award a construction contract using WPCLF/OWDA loan and stimulus funds through the (American Recovery and Reinvestment Act).
1.4. How cost of modification was determined.
Estimates were provided by the consultant for the number of hours needed to complete the remaining portions of work. Costs were generated using the hourly rates included in the original contract.
2. FISCAL IMPACT:
This ordinance authorizes the transfer and appropriation of funds from the Sanitary Sewer Reserve Fund to the Voted Sanitary Sewer Bond Fund for this modification; to authorize the expenditure of $138,195.00 from the Voted Sanitary Sewer Bond Fund. Monies for this contract from the Sanitary Sewer Reserve Fund will be provided from an upcoming Bond Sale via the transfer detailed in this Ordinance.
3. CONTRACT COMPLIANCE INFO: 31-1406579 | MBE | Expiration Date: 12/03/2010
4. EMERGENCY DESIGNATION: No emergency designation is requested for this legislation
Title
To authorize the Director of Public Utilities to modify an existing professional engineering contract for the Chestnut and Sixth Street Combined Sewer Rehabilitation and Naghten Street Storm Sewer Projects with the Ribway Engineering Group, Inc.; to authorize the transfer and appropriation of $138,195.00 from the Sanitary Sewer Reserve Bond Fund to the Voted Sanitary Sewer Bond Fund; to authorize the expenditure of $138,195.00 from within the Voted Sanitary Sewer Bond Fund; for the Division of Sewerage and Drainage. ($138,195.00)
Body
WHEREAS, it is necessary to modify the contract for professional engineering services with Ribway Engineering Group, Inc, for the sanitary project: Chestnut and Sixth Street Combined Sewer Rehabilitation and Naghten Street Storm Sewer Projects; to provide additional monies to cover the cost of needed additions to the contract work in accordance with the Department's design requirements in an effort to ensure the continued operation of its sanitary system infrastructures; and
WHEREAS, City Auditor Contract No. EL004695 for $578,818.00, was executed on November 1, 2004, as authorized by Ordinance 1326-2004, as passed by City Council on October 4, 2004, and approved by the City Attorney on November 2, 2004, for purposes of providing construction administration and construction inspection services necessary to ensure the successful completion of many of the Divisions sanitary and storm sewer improvement projects; and
WHEREAS, it is necessary to authorize the transfer and appropriation of funds from the Sanitary Sewer Reserve Fund to the Voted Sanitary Sewer Bond Fund for purposes of providing sufficient funding for the sanitary expenditure; and
WHEREAS, it is necessary for City Council to authorize the expenditure of funds from the Voted Sanitary Sewer Bond 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 project described in this ordinance (the "Project"); and
WHEREAS, the Division of Sewerage and Drainage, Department of Public Utilities is requesting that Council authorize the Director of Public Utilities to modify an existing professional engineering contract to the Sewer System Engineering Section's for professional design services with the Ribway Engineering Group, Inc., for the Chestnut and Sixth Street Combined Sewer Rehabilitation and Naghten Street Storm Sewer Projects 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 modify the professional engineering services agreement with the Ribway Engineering Group, Inc., 300 East Broad Street, Suite 500, Columbus, Ohio 43215 that will continue to provide professional engineering services for the Chestnut and Sixth Street Combined Sewer Rehabilitation and Naghten Street Storm Sewer Projects in accordance with the terms and conditions of the Contract on file in the office of the Division of Sewerage and Drainage's Sewer System Engineering Section.
Section 2. That from the unappropriated monies in the Sanitary Sewer 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, 2009, the sum of $138,195.00 is hereby appropriated to the Division of Sewerage and Drainage: Division 60-05| OCA Code 901654 | Object Level One 10 | Object Level Three 5502.
Section 3. That the City Auditor is hereby authorized to transfer $138,195.00 from the Sanitary Sewer Reserve Fund to the Voted Sanitary Sewer Bond Fund, Fund 664, into Chestnut and Sixth Street Combined Sewer Rehabilitation and Naghten Street Storm Sewer Projects, Project 650618, at such time as deemed necessary by the Auditor, and to expend said funds, or so much thereof as may be necessary.
Section 4. That the $138,195.00 is hereby appropriated for the Chestnut and Sixth Street Combined Sewer Rehabilitation and Naghten Street Storm Sewer Projects, within the Voted Sanitary Sewer Bond Fund | Fund 664 | Division 60-05 | Project 650618 | OCA Code 664618 | Object Level Three 6621.
Section 5. That the expenditure of $138,195.00, or as much thereof as may be needed, is hereby authorized from the Voted Sanitary Sewer Bond Fund | Fund No. 664 | Division 60-05| Chestnut and Sixth Street Combined Sewer Rehabilitation and Naghten Street Storm Sewer Projects | Project 650618 | OCA Code 664618 | Object Level Three 6676.
Section 6. That upon obtaining other funds for the purpose of funding sanitary sewer system capital improvement work, the City Auditor is hereby authorized to repay the Sanitary Sewer Reserve Fund the amount transferred above, and said funds are hereby deemed appropriated for such purposes.
Section 7. That the City intends that this Ordinance constitute an "official intent" for purposes of Section 1.150-2(e) of the Treasury Regulations, and that the City reasonably expects to reimburse itself for certain Original Expenditures incurred with respect to the Project from the proceeds of obligations to be issued by the City in a principal amount currently estimated to be $138,195.00 (the "Obligations").
The City intends to make a reimbursement allocation on its books for the Original Expenditures not later than eighteen months following the later to occur of the date of the Original Expenditure to be reimbursed or the date the Project for which such Original Expenditures were made is "placed in service" within the meaning of Treasury Regulations Section 1.150-2(c). Upon the issuance of the Obligations, the proceeds of such Obligations shall be used to reimburse Sanitary/Sewer Reserve Fund 654, which is the fund from which the advance for costs of the Project will be made.
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 this Ordinance shall take effect and be in force from and after the earliest period allowed by law.