Explanation
1. BACKGROUND
This Ordinance authorizes the Director of Public Utilities to modify the professional engineering services contracts with Burgess & Niple, Inc. (Contract No. 2227) for the General Engineering Services - Water Supply Group GES 2021A contract, CIP # 690446-100007, and Hatch Associates Consultants, Inc. (Contract No. 2228) for General Engineering Services - Water Supply Group 2021B, CIP #690446-100008, for the Division of Water’s Supply Group, each in the amount of $450,000.00, for a total amount of $900,000.00.
An RFP process established two task order based professional services contracts to augment existing engineering personnel within the Division of Water on an as-authorized, as-needed basis in order to accomplish a wide range of work that may include but is not limited to planning/ design/construction phase engineering services, surveying, property acquisition assistance, hazardous waste identification/remediation, materials testing, and other services required by the Division. One contract was established with Burgess & Niple Inc., and one contract was established with Hatch Associates Consultant, Inc.
This ordinance will authorize a contract modification in the amount of $450,000.00 for each agreement for the estimated engineering needs within the Division of Water starting the first quarter of 2025 for approximately one year or until all tasks assigned under the contracts during that one-year time are completed to the satisfaction of the City.
Planning area = “99-Citywide”.
1.1 Amount of additional funds to be expended: $900,000.00
2021A Original Contract (PO350818, Ord. 2273-2022) $400,000
2021B Original Contract (PO351858, Ord. 2273-2022) $400,000
2021A Contract Modification #1 (PO446072, Ord. 0396-2024) $400,000
2021B Contract Modification #1 (PO439856, Ord. 0396-2024) $400,000
2021A Contract Modification #2 (Ord. 0082-2025) $450,000
2021B Contract Modification #2 (Ord. 0082-2025) $450,000
ANTICIPATED CONTRACT TOTAL (combined) $2,500,000
1.2. Reason other procurement processes are not used
These contracts were awarded per the City’s RFP process and approved via Ordinance 2273-2022, with planned modifications to extend the contracts and add funding. Another procurement process is not required to do this.
1.3. How cost of the modification was determined
The cost of the modification was determined by the estimated needs of the Division of Water over the next year, using titles, rates, and allowable expenses from the existing contracts.
1.4 Timeline and future modifications
The modifications are anticipated to be executed in the first quarter of 2025 to provide funds for approximately one year or until all tasks assigned under the contracts during that one-year time are completed to the satisfaction of the City. The Division of Water anticipates executing one future modification to each contract, which will extend the term of each agreement for one year or until all tasks assigned under the contracts during that one year time are completed to the satisfaction of the City.
2. ECONOMIC IMPACT/ADVANTAGES; COMMUNITY OUTREACH; PROJECT DEVELOPMENT; ENVIRONMENTAL FACTORS/ADVANTAGES OF PROJECT:
These modifications will provide general engineering services for various tasks which may involve the water treatment process, the equipment, the facilities and/or the resources managed by the Water Supply Group. The tasks performed will assist the Division of Water to provide an adequate and safe supply of drinking water which is essential to economic growth and development.
One requirement for the consultant awarded the General Engineering Services contract for the Division of Water is that the consultant must be able to provide environmental engineering services, if needed. Also, the consultant selected has indicated a corporate philosophy of environmental conservation and sustainable business practices. In addition, the selected team has committed to incorporate sustainability considerations into their projects.
At this time no community outreach or input is anticipated.
3. CONTRACT COMPLIANCE INFORMATION
Burgess & Niple, Inc.’s contract compliance is CC004425 and expires on 1/10/26. Hatch Associates Consultant, Inc.’s contract compliance is CC025646 and expires on 7/1/25.
4. MINORITY AND WOMAN OWNED BUSINESS ENTERPRISE & SMALL LOCAL BUSINESS ENTERPRISE PROGRAM
These contracts were put in place prior to the implementation of the City of Columbus MBE/WBE Program and are not subject to the requirements of that program. The two lead consultants, Burgess & Niple, Inc., and Hatch Associates Consultants, Inc., are both classified as majority companies by the City’s Office of Diversity and Inclusion. Both prime consultants plan to use diverse companies for the work. The MBE percentage for these contract modifications is unknown at this time due to the contracts being task order contracts and the tasks have not been defined.
The subconsultants Burgess & Niple, Inc. proposes to use for this contract modification are listed below:
Contractor Name City/State ODI Certification Status
CDM Smith Columbus, Ohio MAJ
Dynotec Columbus, Ohio MBE
MA Design Columbus, Ohio WBE
The certification of Burgess & Niple, Inc. and all subcontractors was in good standing at the time of this contract modification.
The subconsultants Hatch Associates Consultants, Inc. proposes to use for this contract modification are listed below:
Contractor Name City/State ODI Certification Status
Jacobs Columbus, Ohio MAJ
DLZ Columbus, Ohio MBE
Resource International Columbus, Ohio WBE
Advanced Engineering Consultants Columbus, Ohio MBE
Regency Columbus, Ohio WBE
The certification of Hatch Associates Consultants, Inc. and all subcontractors was in good standing at the time of this contract modification.
5. FISCAL IMPACT
Funds in the amount of $900,000.00 are available and appropriated within the Water Bond Fund, Fund 6006. An amendment to the 2024 Capital Improvement Budget is needed to align budget authority with the proper projects. A transfer of cash and appropriation between projects within Fund 6006 (Water Bond Fund) is also needed to align cash and appropriation with the proper projects.
Title
To authorize the Director of Public Utilities to enter into contract modifications for the General Engineering Services - Water Supply Group GES 2021A and 2021B contracts with Burgess & Niple, Inc. and Hatch Associates Consultants, Inc. to add funds for continued services; to authorize an amendment to the 2024 Capital Improvement Budget; to authorize a transfer of cash and appropriation between projects within the Water Bond Fund; and to authorize an expenditure of up to $900,000.00 from the Water Bond Fund for the contract modifications. ($900,000.00)
Body
WHEREAS, the Department of Public Utilities had a need for general engineering services for capital improvements projects; and
WHEREAS, two contracts for general engineering services were recommended for award through the City’s Request for Proposal process; and
WHEREAS, Ordinance No. 2273-2022, approved by City Council on September 19, 2022, approved awarding a contract for General Engineering Services - Water Supply Group GES 2021 A to Burgess & Niple, Inc., and General Engineering Services - Water Supply Group GES 2021 B to Hatch Associates Consultants, Inc.; and
WHEREAS, Ordinance No. 0396-2024, approved by City Council on March 4, 2024, approved contract modifications for the General Engineering Services - Water Supply Group GES 2021 A and 2021 B contracts to add funding and extend the contracts for one year or until all tasks funded by the contract are completed; and
WHEREAS, the second planned modification for these two contracts is now needed to provide funds for the continuation of the contracts and to extend the contracts until all tasks funded by the contract are completed; and
WHEREAS, the 2024 Capital Improvement Budget must be modified to align budget authority with the proper project; and
WHEREAS, it is necessary to transfer cash and appropriation between projects within the Water Bond Fund, Fund 6006, to align cash and appropriation with the proper project; and
WHEREAS, it is necessary to authorize the Director of Public Utilities to modify and increase the professional engineering services agreement with Burgess & Niple, Inc. and Hatch Associates Consultants, Inc., for the General Engineering Services - Water Supply Group GES 2021 A and 2021 B contracts; and
WHEREAS, it is necessary to authorize an expenditure of funds within the Water Bond Fund, Fund 6006, for the Division of Water to pay for additional services provided under these contracts; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the 2024 Capital Improvements Budget authorized by Ordinance 1907-2024 be amended as follows to establish sufficient budget authority for this project:
Fund / Project Number / Project Name (Funding Source) / Current Authority/ Revised Authority / Change
6006 / P690617-100000 / Overall Engineering Services (Voted Water Carryover) / $3,000,000.00 / $2,100,000.00 / ($900,000.00)
6006 / P690446-100007 / General Engineering Services - Supply 2021A (Voted Water Carryover) / $400,000.00 / $850,000.00 / $450,000.00
6006 / P690446-100008 / General Engineering Services - Supply 2021B (Voted Water Carryover) / $400,000.00 / $850,000.00 / $450,000.00
SECTION 2. That the transfer of $900,000.00, or so much thereof as may be needed, is hereby authorized within the Water Bond Fund, Fund 6006, per the accounting codes in the attachment to this ordinance.
SECTION 3. That the Director of Public Utilities is authorized to enter into a contract modification with Burgess & Niple, Inc., 330 Rush Alley, Suite 700, Columbus, Ohio 43215, for the Professional Construction Management 2021A project, in an amount up to $450,000.00; and with Hatch Associates Consultants, Inc., 88 Broad Street, Suite 1980, Columbus, Ohio 43215, for the Professional Construction Management 2021A project, in an amount up to $450,000.00; both in accordance with the terms and conditions of the contracts on file with the Department of Public Utilities.
SECTION 4. That an expenditure of $900,000.00, or so much thereof as may be needed, is hereby authorized in Object Class 06 - Capital Outlay, per the accounting codes in the attachment to this ordinance.
SECTION 5. Funds are hereby deemed appropriated and expenditures and transfers authorized to carry out the purposes of this ordinance and the City Auditor shall establish such accounting codes as necessary.
SECTION 6. 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 7. That the City Auditor is hereby authorized to transfer the unencumbered balance in a project account to the unallocated balance account 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.
SECTION 8. That this Ordinance shall take effect and be in force from and after the earliest period allowed by law.