Explanation
1.0 BACKGROUND: This legislation authorizes the Director of Public Utilities to execute a planned modification to the 2020 - 2022 Construction Administration/Construction Inspection (CA/CI) Services agreement with Evans, Mechwart, Hambleton, and Tilton Inc. (“EMH&T”).
Funding for this modification will be for the following project:
• DOSD/Stormwater Section’s FRA-70/71 Phase 4R & 6R Project: $549,832.21
1.1. Amount of additional funds to be expended: $549,832.21
Original Agreement Amount: $521,938.79 PO216078 & PO216128
Modification 1 $340,200.00 PO222768 & PO222770
Modification 2 $265,476.00 PO231230
Modification 3 $144,797.71 PO232017
Modification 4 $638,637.08 PO241546
Modification 5 $1,220,302.58 PO254832, PO254835, PO254836, PO254837
Modification 6 $310,500.93 PO273172
Modification 7 $279,013.79 PO277870
Modification 8 $566,857.66 PO288541
Modification 9 $646,062.67 PO299464, PO299468
Modification 10 $1,052,396.86 PO308115, PO308136
Modification 11 $188,584.80 PO306158
Modification 12 (current) $549,832.21
Total (Orig. + Mods. 1-10) $6,724,601.08
1.2. Reasons additional goods/services could not be foreseen:
This is a three-year agreement for fiscal years 2020 - 2022 and modifications were anticipated and explained in the original legislation under Ordinance No. 0360-2020.
1.3. Reason other procurement processes are not used:
This is a multi-year contract that will be modified as required to provide construction administration/construction inspection services for construction projects that bid during the three year (2020-2022) time frame.
1.4. How cost of modification was determined:
The cost of this modification was determined by negotiations between EMH&T and the Division of Sewerage & Drainage/Stormwater Section.
2.0 ECONOMIC IMPACT/ADVANTAGES; COMMUNITY OUTREACH; PROJECT DEVELOPMENT; ENVIRONMENTAL FACTORS/ADVANTAGES OF PROJECT:
Division of Sewerage and Drainage projects include rehabilitation of existing sewers, repair to existing sewers, construction of new sewers, and construction of green infrastructure. The majority of the projects will reduce inflow and infiltration to the City’s sanitary sewer system thus mitigating sanitary sewer overflows to basements and waterways. Other projects provide improvement to existing storm infrastructure to mitigate drainage/flooding issues.
3.0 FUTURE MODIFICATION(S): The Department anticipates requesting additional future modifications to this contract as new construction projects begin during 2021 and 2022.
4.0 CONTRACT COMPLIANCE INFO: 31-0685594 | Exp. 11/17/23 | MAJ | DAX #004214
5.0 EMERGENCY STATUS: Emergency passage of this ordinance is requested at this time.
Emergency legislation is needed to maintain the established project schedule, as there are other governmental units participating in the project with their own time schedules.
6.0 FISCAL IMPACT: There are sufficient funds within the Storm Sewer Bonds Fund - Fund 6204 for these expenditures, however a transfer within and expenditure of up to $549,832.21 is needed as well as an amendment to the 2021 Capital Improvement Budget in order to align the authority with the expenditure.
Title
To authorize the Director of Public Utilities to execute a planned modification to the 2020 - 2022 Construction Administration/ Inspection Services Agreement with EMH&T, Inc., for the Division of Sewerage and Drainage/Stormwater Section’s FRA-70/71 Phase 4R & 6R Project; to authorize a transfer and expenditure of up to $549,832.21 from the Storm Sewer Bond Fund; and to authorize an amendment the 2021 Capital Improvements Budget, and to declare an emergency. ($549,832.21)
Body
WHEREAS, it is necessary to authorize the Director of the Department of Public Utilities to execute a contract modification to the 2020 - 2022 Construction Administration/Construction Inspection Services Agreement with EMH&T, Inc., to provide funding for the Division of Sewerage and Drainage/Stormwater Section’s FRA-70/71 Phase 4R & 6R Project; and
WHEREAS, it is necessary to authorize a transfer and expenditure of up to $549,832.21within the Sanitary General Obligation Fund 6204; and
WHEREAS, it is necessary to authorize an amendment to the 2021 Capital Improvements Budget for the purpose of providing sufficient spending authority for the aforementioned project expenditures; and
WHEREAS, it has become necessary in the usual daily operation of the Department of Public Utilities to authorize the Director of Public Utilities to modify and increase the 2020-2022 Construction Administration/Construction Inspection Services Agreement with EMH&T, Inc., for the preservation of the public health, peace, property, safety, and welfare; now, therefore
WHEREAS, an emergency exists in the usual daily operation of the Division of Sewerage & Drainage/Stormwater Section, Department of Public Utilities, in that it is immediately necessary to authorize the Director of Public Utilities to modify the professional engineering services agreement with EMH&T for the FRA-70/71 Phase 4R & 6R Project, in an emergency manner to keep the engineering services during construction on schedule with the construction contract, 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 is hereby authorized to modify and increase the 2020 - 2022 Construction Administration/Construction Inspection Services Agreement with EMH&T, Inc. (FID# 31-0685594), 5500 New Albany Road, Columbus, OH 43054; in the amount of $549,832.21 for the Division of Sewerage and Drainage/Stormwater Section’s FRA-70/71 Phase 4R & 6R Project; in accordance with the terms and conditions of the contracts on file in the offices of the Division of Sewerage and Drainage/Stormwater Section.
SECTION 2. That this contract modification is in compliance with Chapter 329 of Columbus City Codes.
SECTION 3. That the transfer and expenditure of up to $549,832.21, or so much thereof as may be needed, is authorized per the accounting codes in the attachment to this ordinance.
SECTION 4. That the 2021 Capital Improvements Budget is hereby amended per the accounting codes in the attachment to this ordinance.
SECTION 5. That the funds necessary to carry out the purpose of this Ordinance are hereby deemed appropriated, and the City Auditor shall establish such accounting codes as necessary.
SECTION 6. 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 7. That the City Auditor is authorized to establish proper project accounting numbers as appropriate.
SECTION 8. 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 9. That for reasons stated in the preamble hereto, which is hereby made a part hereof, this Ordinance is declared to be an emergency measure and 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.