Explanation
1. BACKGROUND:
This legislation authorizes the Director of Public Utilities to modify the professional engineering services agreement with Burgess & Niple, Inc. for the Southerly Wastewater Treatment Plant Secondary Clarifier Additions and Improvements Project. The Burgess & Niple, Inc. modification amount requested under this ordinance is $2,708,195.00. The contract total including this modification is $7,408,195.00. Engineering services for this project are being funded incrementally by contract modification as portions of the work are undertaken to advance the project through planning, engineering design and construction of facilities. The proposed contract modification primarily provides funding for construction-phase engineering, start-up and commissioning assistance services now needed during construction of Contract S72. The potential need for this work was foreseen and so stated in the original contract's legislation, and is therefore a planned continuation of the services originally included within the existing contract's scope of service. It is not deemed either feasible or reasonable to suspend work with the entity currently under contract and undertake continuation of these services with another procurement. The cost of the modification is a continuation of the vendor's current pricing structure, as verified by the Professional Program Manager and City staff. The Division 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.
B. Contract Compliance No.: 31-0885550 (MAJ) (Expires 01/08/2009)
C. Emergency Designation:
The Division of Sewerage and Drainage is requesting City Council to designate this ordinance an emergency measure in order to allow for the immediate commencement of this work. This expediency is justified in order to fulfill the City's capital improvement project scheduling commitments set forth within the consent agreement between the City and the Ohio Attorney General's Office that addresses the city's wet weather wastewater overflows. These services are needed immediately and are required to begin simultaneously with the commencement of Contract S72 construction in order to provide professional services pursuant to the proper management and timely completion of the project.
2. FISCAL IMPACT:
This ordinance authorizes the transfer and appropriation of funds from the Sanitary Sewer Reserve Fund for this expenditure. There is sufficient authority in the 2007 Capital Improvements Budget for these expenditures. Monies for this modification are provided from a proposed Fall 2007 Bond Sale via the transfer detailed in this ordinance.
Title
To authorize the Director of Public Utilities to execute a planned contract modification to the professional engineering services agreement with Burgess & Niple, Inc. for the Southerly Wastewater Treatment Plant Secondary Clarifier Additions and Improvements Project; to authorize the transfer and appropriation of $2,708,195.00 from the Sanitary Sewer Reserve Fund; to authorize the expenditure of $2,708,195.00 within the Voted Sanitary Sewer Bond Fund for the Division of Sewerage and Drainage; and to declare an emergency. ($2,708,195.00)
Body
WHEREAS, Contract No. EL006543 was authorized by Ordinance No. 1679-2006, as passed by Columbus City Council on October 16, 2006 for purposes of authorizing the Director of Public Utilities to enter into a contract for professional engineering services with Burgess & Niple, Inc. for the Southerly Wastewater Treatment Plant Secondary Clarifier Additions and Improvements Project; and
WHEREAS, it is necessary to modify the subject contract in order to provide funding for construction-phase engineering, start-up and commissioning assistance services now needed during construction of Contract S72 of the project construction; 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 this project expenditure; 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 authorize the Director of Public Utilities to modify the aforementioned professional engineering services contract with Burgess & Niple, Inc. for purposes of funding the engineering services now needed for the Southerly Wastewater Treatment Plant Secondary Clarifier Additions and Improvements Project, in order to fulfill the City's capital improvement project scheduling commitments set forth within the consent agreement between the City and the Ohio Attorney General's Office that addresses the city's wet weather wastewater overflows, and these services are needed immediately and are required to begin simultaneously with the commencement of Contract S72 construction in order to provide professional services pursuant to the proper management and timely completion of the project, for the 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 modify Contract No. EL006543 with Burgess & Niple, Inc., 5085 Reed Road, Columbus, OH 43220, for professional engineering services for the Southerly Wastewater Treatment Plant Secondary Clarifier Additions and Improvements Project, in accordance with the terms and conditions as shown in the contract modification on file in the office of the Division of Sewerage and Drainage.
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 unappropratied for any other purpose during the fiscal year ending December 31, 2007, the sum of $2,708,195.00 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 $2,708,195.00 to the Voted Sanitary Sewer Bond Fund 664, into the Southerly Wastewater Treatment Plant Secondary Clarifier Additions and Improvements Project, Project No. 650366, 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 $2,708,195.00 is hereby appropriated for the Southerly Wastewater Treatment Plant Secondary Clarifier Additions and Improvements Project, within the Voted Sanitary Sewer Bond Fund | Fund 664 | Division 60-05 | Project 650366 | OCA Code 650366 | Object Level Three 6678.
Section 5. 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 Sewer System Reserve Fund the amount transferred above, and said funds are hereby deemed appropriated for such purposes.
Section 6. That the said firm shall perform the work to the satisfaction of the Director of Public Utilities and the Administrator of the Division of Sewerage and Drainage.
Section 7. That the expenditure of $2,708,195.00, or as much thereof as may be needed, is hereby authorized from the Voted Sanitary Sewer Bond Fund No. 664 | Division 60-05 | Project 650366 | OCA Code 650366 | Object Level Three 6678.
Section 8. 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 no longer required for said project; except that no transfer shall be made from a project 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.