Explanation
The City of Columbus, Department of Finance and Management has undertaken efforts to modernize various sections of Chapter 329 of the Columbus City Codes, 1959, which governs responsible public procurement of construction services, while continuing to provide for the fair and equitable treatment to all persons involved in public purchasing. The implementation of these modernizations will allow the City of Columbus to provide for an alternative construction delivery method called Construction Manager at Risk (CMAR).
The award standard for CMAR is best value based and uses a selection process in which proposals contain both pricing and performance components, and award is based upon a combination of pricing and performance considerations to determine the offer deemed most advantageous and of the greatest value to the City. The CMAR has substantial discretion and authority to plan, coordinate, manage, direct, and construct all phases of a construction project in accordance with contract terms and provides the City a guaranteed maximum price for the construction of public improvements.
Emergency action is necessary to provide a date certain to address an immediate operational need in the Department of Finance and Management to implement CMAR as an alternative construction delivery method.
The effective date of these revisions and modernization will be January 2, 2022, to allow sufficient time for the Director of Finance and Management to prepare processes and update relevant documentation.
FISCAL IMPACT: This code change has no fiscal impact.
Title
To amend various sections of Chapter 329 of the Columbus City Codes to provide for an alternative construction delivery method called Construction Manager at Risk (CMAR) with these changes to be effective January 2, 2022; to repeal the existing Sections being amended; and to declare an emergency.
Body
WHEREAS, the City of Columbus, Department of Finance and Management has undertaken efforts to modernize various sections of Chapter 329 of the Columbus City Codes, 1959, which governs responsible public procurement of construction services, while continuing to provide for the fair and equitable treatment to all persons involved in public purchasing. The implementation of these modernizations will allow the City of Columbus to provide for an alternative construction delivery method called Construction Manager at Risk (CMAR); and
WHEREAS, the award standard for CMAR is best value based and uses a selection process in which proposals contain both pricing and performance components, and award is based upon a combination of pricing and performance considerations to determine the offer deemed most advantageous and of the greatest value to the City; and
WHEREAS, full implementation of this code modernization on January 2, 2022, will provide the Finance and Management Director with the necessary time to prepare processes and update necessary documentation; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Finance and Management in that it is immediately necessary to amend various section of City Code Chapter 329 but to delay the effective date of same in order to allow the Department the immediate time necessary to prepare processes and update necessary documentation, thereby preserving the public health, peace, property, safety, and welfare; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That Sections 329.01 and 329.23 of the Columbus City Codes are hereby amended as stated on the attached document ("Ordinance 2605-2021 Revisions to Chapter 329 Attachment").
SECTION 2. That prior existing sections 329.01 and 329.23 are hereby repealed.
SECTION 3. That Sections 1 and 2 of this ordinance shall take effect and be in force from and after January 2, 2022.
SECTION 4. 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 the remaining sections of this ordinance 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.