Explanation
1. BACKGROUND:
A. Need. This legislation authorizes the Director of Public Utilities to enter into a planned modification of the agreement with Malcolm Pirnie, Inc., for professional program management services for the 2006-2010 Capital Improvements Program of the Division of Sewerage and Drainage. The work in that program is a very substantial group of the sewer capital improvements projects (CIPs), both collections systems and treatment works improvements, which have been agreed to by the City and Ohio EPA in order to conform to the requirements of the City's consent orders. The actual emplacement of the CIPs will be by construction contract; the professional program management contract is providing: program planning, scheduling, budgeting, and status reporting; construction management; design management; some design of critical projects; special services such as Value Engineering, and other services for this very large, important program, as directed by the City. The initial authorization of, and appropriation of monies to this contract was accomplished by Ordinance No. 0731-2006, passed May 8, 2006. The Malcolm Pirnie, Inc. modification amount requested under this ordinance is $16,882,125.00. The contract total including this modification is $50,382,125.00. This contract was planned to be funded incrementally, via approximately annual appropriations. The current appropriation will be exhausted at the end of July, 2008, and this modification provides monies to continue this important work into FY2009.
B. Contract Compliance No.: 132653703/001 (MAJ) (Expires 04/07/2010)
C. Emergency Designation: The Division of Sewerage and Drainage hereby requests City Council to concur in the declaration of this ordinance as an emergency measure, in order to assure that these important management services continue to coordinate the design and construction of the Division's Wet Weather Management Plan infrastructure improvements within the schedule commitments made to Ohio EPA in the City's consent orders.
2. FISCAL IMPACT:
This ordinance authorizes the transfer of funds from within the Sanitary Sewer Revenue Bonds Fund for this expenditure. The 2008 Capital Improvements Budget is amended for this expenditure upon passage of this ordinance. The probable total amount of this contract over the program duration through 2010 may be approximately $84,890,015.00. This contract is planned to be modified, approximately annually, to provide needed monies as the program proceeds. Actual timing and modification amounts will depend upon the progress and development of the overall program.
Title
To authorize the Director of Public Utilities to enter into a planned modification of the agreement with Malcolm Pirnie, Inc., for Professional Program Management Services for the 2006-2010 Capital Improvements Program under the Wet Weather Management Plan; to authorize the transfer and expenditure of $16,882,125.00 from within the Sanitary Sewer Revenue Bonds Fund; and to amend the 2008 Capital Improvements Budget, for the Division of Sewerage and Drainage; and to declare an emergency. ($16,882,125.00).
Body
WHEREAS, the Division of Sewerage and Drainage is undertaking a substantial program of large capital improvements to improve the Division's facilities, in conformance with a Wet Weather Management Plan submitted by the City to Ohio EPA, in conformance with the City's agreed-upon Consent Orders; and
WHEREAS, a program of the size and scope of that being undertaken by the Division to improve its facilities requires the best, most robust management to assure the success of the program; and
WHEREAS, the City has contracted for such professional program management services, under authority of Ordinance No. 0731-2006, passed April 8, 2006; and
WHEREAS, the initial funding of contract EL006055 was planned to be sufficient to provide the necessary services for the balance of 2006, with additional necessary funding to be added as the program proceeded in 2007 and subsequent years; and
WHEREAS, Modification No. 1 authorized by Ordinance No. 2134-2006, as passed by Columbus City Council on January 22, 2007 provided additional funding that was estimated to be necessary for the continuation of the professional program management services; and
WHEREAS, Modification No. 2 authorized by Ordinance No. 1335-2007, as passed by Columbus City Council on October 1, 2007 provided additional funding that was estimated to be necessary for the continuation of the professional program management services; and
WHEREAS, the Division of Sewerage and Drainage engineering personnel have determined that it is necessary to modify the subject contract once again in order to provide the necessary additional professional program management services required for this project; 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 authorize the expenditure of funds 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 to authorize the Director of Public Utilities to enter into a planned modification of the agreement for professional program management services for the Division of Sewerage and Drainage's 2006-2010 capital improvements program, 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 pursuant to the proper management and timely completion of the program construction, as well as 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 enter into a planned modification of contract EL006055 with Malcolm Pirnie, Inc., 1900 Polaris Parkway, Suite 200, Columbus, Ohio 43240-2020, for Professional Program Management Services for the Division of Sewerage and Drainage's 2006-2010 capital improvements program, in accordance with the terms and conditions of the modification on file in the offices of the Division of Sewerage and Drainage.
Section 2. That the City Auditor is hereby authorized to transfer $16,882,125.00 within the Sanitary Sewer Revenue Bonds Fund, Fund 665; Obj. Lvl. Three 6678; Division of Sewerage and Drainage; Div. 60-05:
FROM:
Proj. No. | Proj. Name | OCA | Amount
650367 | SWWTP Primary and Aeration | 665367 | $12,125,955.00
650489 | Big Run San. Subt.-South of Alkire | 665489 | $756,170.00
650497 | Upper Scioto West Sub- Hayden Run Rd. | 665497 | $4,000,000.00
TO:
Proj. No. | Proj. Name | OCA | Amount
650390.1 | Professional Program Management Services | 665390 | $16,882,125.00
Section 3. 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)
650367-100000 | SWWTP Primary & Aeration | $43,260,616 | $31,134,661 | (-$12,125,955)
650489-100000 | Big Run San. Subt.-South of Alkire | $1,800,000 | $1,043,830 | (-$756,170)
650497-100000 | Upper Scioto West Sub- Hayden Run Rd. | $4,000,000 | $0.00 | (-$4,000,000)
650390-100000 | Professional Program Management Services | $0.00 | $16,882,125 | (+$16,882,125)
Section 4. That for the purpose of paying the cost of the professional program services contract, the expenditure of $16,882,125.00, or as much thereof as may be needed, is hereby authorized from the Sanitary Sewer Revenue Bonds Fund, Fund No. 665 | Division 60-05 | Project No. 650390.1 | OCA Code 665390 | Obj. Lvl. Three 6678.
Section 5. 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 6. That the City Auditor is authorized to establish proper project accounting numbers as appropriate.
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 contracted 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 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.