Label
DPU031125 BVWRPIMPROVEMENTPROGRAMMANAGEMENT
DPU/Division of Water Reclamation
S.Sibley (x1331)
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 Loan Replacement Fund for Bay View Water Reclamation Plant Improvements Program Management; authorizing the appropriation and expenditure of the loan proceeds from the Sanitary Sewer Replacement Fund in an amount not to exceed $50,000,000; authorizing the appropriation and expenditure of $1,000,000 from the Sanitary Sewer Replacement Fund for the payment of loan administration fees and miscellaneous non-loan funded project costs; authorizing a dedicated source for repayment of said loan; authorizing the Mayor to accept proposals and bids and execute necessary agreements and contracts related to the project; and declaring an emergency.
Body
SUMMARY & BACKGROUND:
The Division of Water Reclamation (Division) contracted with Arcadis to prepare a facilities plan of improvements at the Bay View Water Reclamation Plant (BVWRP) under Ordinance 348-24. The facilities plan was amended to include a resource recovery analysis and evaluation by a Blue Ribbon panel. The resulting facilities plan and amendments recommends a comprehensive 15-year program of improvement at the BVWRP (Program) to ensure its ability to continue operating effectively and meet all permit requirements well into the future.
The Division has issued a Request for Proposals (RFP) for Program Management, to include design, construction management, and commissioning phases of the Program. The Division received one proposal in response to the RFP, which was from a team made up of Arcadis, with major subconsultants AECOM, Jones and Henry, and Tetra Tech. The Division’s Selection Committee has reviewed Arcadis’s proposal and determined that they have the necessary qualifications and experience to satisfactorily manage the Program.
The Division is negotiating a fair and reasonable contract fee with Arcadis in accordance with Ohio Revised Code Section 153 for Program Management of the first 5-year “Tier” of the 15-year program. The contract will include provisions to negotiate and extend the contract up to 10 additional years, at the City’s discretion, to complete the Program. Not all design work in the first 5-year Tier of the program will be performed under the Program Management contract. Specific design projects will be bid out by the Division to allow other consulting firms and supplemental vendors to participate in the overall improvements program, which will require future legislation. The Division is applying for a loan from the Ohio EPA Water Pollution Control Loan Fund (WPCLF) and the Ohio Water Development Authority (OWDA) to fund the Program Management contract.
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 $50,000,000 into the Sanitary Sewer Replacement Fund, Account Code 673L-36000-4UL0725STDSTD, for the BVWRP Improvement Program Management.
SECTION 2. That an amount not to exceed $50,000,000 is appropriated from the unappropriated loan proceeds in the Sanitary Sewer Replacement Fund into Account Code 673L-36000-4UL0725STDSTD; and further authorizing the expenditure of the same amount for the BVWRP Improvement Program Management.
SECTION 3. That an amount not to exceed $1,000,000 is appropriated from the unappropriated balance of the Sanitary Sewer Replacement Fund, Account Code 6073-36000-4UC0725STDSTD (BVWRP Improvement Program Management), for payment of loan administration fees and miscellaneous non-loan funded costs; and authorizing the expenditure of the same.
SECTION 4. That the disappropriation of any remaining budget to fund balance is authorized at project closeout.
SECTION 5. 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 6. That the Mayor is authorized to accept proposals and bids and execute necessary agreements and contracts for the BVWRP Improvement Program Management upon such terms and conditions as shall be approved by the Director of Public Utilities and the Director of Law.
SECTION 7. That the Director of Finance is authorized to issue their warrant or warrants against the Account Codes identified in Sections 2 and 3 in amounts not to exceed $51,000,000 in payment of the above-authorized obligations upon presentation of the proper voucher or vouchers.
SECTION 8. 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 11, nays 0.
Passed: March 25, 2025, as an emergency measure: yeas 11, nays 0.
Attest:
Julie A. Gibbons Carrie Hartman
Clerk of Council President of Council
Approved: March 26, 2025
Wade Kapszukiewicz
Mayor