Label
DPW033126 IMPROVEMENT44DBVWRPIMPROVEMENTPROGRAM
DPW/Division of Water Reclamation
Andy McClure (x3058)
Revised
Title
Authorizing the Mayor to apply for, enter into agreements, accept and deposit loan proceeds from the Ohio EPA Water Pollution Control Loan Fund (WPCLF) and the Ohio Water Development Authority (OWDA) into the Sanitary Sewer Replacement Fund for Improvement 44D; authorizing the appropriation and expenditure of loan proceeds from the Sanitary Sewer Replacement Fund in an amount not to exceed $317,210; authorizing a dedicated source for repayment of said loan; authorizing the Mayor to accept bids and award contracts for said project; and declaring an emergency.
Body
SUMMARY & BACKGROUND:
The Division of Water Reclamation (Division) contracted with Arcadis to perform Program Management of the Bay View Water Reclamation Plant (BVWRP) Improvement Program under Ordinance 96-25. Improvement 44D, Secondary Tunnel Roof Replacement and Restoration, is one of the first, high priority projects of the Program and is ready to move to final design and construction.
The Division has decided to implement this project using the Construction Manager at Risk (CMAR) delivery method as allowed under Ohio Revised Code Sections 9.33-9.335 and Ohio Administrative Code Section 153:1. CMAR projects involve hiring a construction manager during the design stage to provide input to the design and then proceed directly into construction which can result in cost and schedule savings compared to the typical design-bid-build process. In accordance with the ORC, the Division issued a Request for Qualifications on October 3, 2025 and subsequentially qualified the two submitting firms to submit detailed proposals on January 27, 2026. One of those firms was non-responsive in their submittal but the Division’s Selection Committee reviewed the one responsive proposal, from Mosser Inc., and is recommending proceeding with a contract with that firm. This Ordinance will authorize entering into a loan agreement with the Ohio EPA Water Pollution Control Loan Fund and Ohio Water Development Authority and appropriating loan proceeds in an amount of $317,210 to cover pre-construction design services. If the City is satisfied with Mosser’s performance during pre-construction and negotiates a Guaranteed Maximum Price for construction a subsequent Ordinance will be introduced to supplement their contract, apply for a construction loan, and appropriate those funds.
Summary
NOW THEREFORE Be it ordained by the Council of the City of Toledo:
SECTION 1. That the Mayor is authorized to apply for, enter into agreements, and accept a loan from the Ohio EPA Water Pollution Control Loan Fund (WPCLF) and the Ohio Water Development Authority (OWDA) and to deposit loan proceeds in an amount not to exceed $317,210 into the Sanitary Sewer Replacement Fund, Account Code 673L-36000-4UL1226STDSTD, for Improvement 44D.
SECTION 2. That an amount not to exceed $317,210 is appropriated from the unappropriated loan proceeds in the Sanitary Sewer Replacement Fund into Account Code 673L-36000-4UL1226STDSTD; and further authorizing the expenditure of the same amount for Improvement 44D.
SECTION 3. That the dedicated source of repayment for said loan shall be the unappropriated balance of the Sanitary Sewer Replacement Fund provided, however, that any loan for this project shall be subordinate to all of the City’s sanitary sewer revenue bonds.
SECTION 4. That the Mayor is authorized to accept bids and award contracts for the Improvement 44D Project, upon such terms and conditions as shall be approved by the Director of Public Utilities and the Director of Law.
SECTION 5. That the Director of Finance is authorized to issue their warrant or warrants against the Account Codes identified above in amounts not to exceed $317,210 in payment of the above-authorized obligations upon presentation of the proper voucher or vouchers.
SECTION 6. That this Ordinance is declared to be an emergency measure and shall be in force and effect from and after its passage. The reason for the emergency lies in the fact that same is necessary for the immediate preservation of the public peace, health, safety and property, and for the further reason that this Ordinance must be immediately effective in order to maintain the operational integrity of the BVWRP, and to maintain compliance with the NPDES discharge permit requirements, as set forth by the Ohio EPA.
Vote on emergency clause: yeas _____, nays _____.
Passed: _________________, as an emergency measure: yeas _____, nays _____.
Attest: ________________________ __________________________________
Clerk of Council President of Council
Approved: _____________________ __________________________________
Mayor
I hereby certify that the above is a true and correct copy of an Ordinance passed by Council ________________________.
Attest: ________________________
Clerk of Council