Explanation
1. BACKGROUND
This ordinance authorizes the Director of Columbus Water and Power to enter into a contract modification with Evans Mechwart Hambleton & Tilton, Inc. (EMH&T Inc.), for construction administration/inspection services for Columbus Water and Power construction projects bid during the calendar years 2026 through 2028 as part of the Construction Administration/Construction Inspection Services 2026-2028 contracts. The construction project to be administered by EMH&T Inc. under this contract modification is the Kent/Fairwood Permeable Pavers & Kent/Fairwood Waterline Improvements project, CIP No. 650870-162002 & 690236-100144, in an amount up to $1,400,533.56.
This project will construct permeable pavement and storm sewers within the Right-of-Way on Bulen Avenue, Lilley Avenue, Berkeley Road, and Bide-A-Wee Park Avenue. This work also includes the relocation of waterlines, pavement and sidewalk restoration, and other such work as may be necessary to complete the contract.
Planning Area - 62 Livingston Avenue Area & 56 Near East.
UPDATED TIMELINE
The original contract allowed for work is to be completed within the timeframe established by the individual construction contracts. This contract modification will be in effect through the completion of that original construction term for this project.
1.1. Amount of additional funds to be expended: $1,400,533.56
Original Contract: $ 801,068.92 (ORD 0648-2026; PO567231 & PO567218)
Modification #1: (current): $ 200,000.00 (ORD 1585-2026; PO000TBD)
Modification #2: (current): $ 1,400,533.56 (Current)
Total: $ 2,401,602.48
1.2. Reasons additional goods/services could not be foreseen:
This is a three-year agreement for fiscal years 2026 - 2028 and modifications were anticipated and explained in the original legislation under Ordinance 0648-2026.
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 (2026-2028) timeframe. Another procurement process is not required.
1.4. How cost of modification was determined:
The cost of this modification was determined by negotiations between EMH&T Inc. and Columbus Water and Power project staff based upon the existing contract labor titles, maximum labor rates, allowable contract expenses, and the time estimated to be needed to perform contract tasks.
2. 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. CONTRACT COMPLIANCE INFORMATION
EMH&T Inc.’s contract compliance number is CC-004214 and expires 10/17/2027.
EMH&T Inc.’s certification was in good standing at the time of this contract modification.
4. FISCAL IMPACT
Funding for the 650870-162002 Blueprint Miller Kelton - Kent/Fairwood Permeable Pavers portion of this contract will be obtained through a loan from the Water Pollution Control Loan Fund (WPCLF), jointly administered by the Ohio EPA's Division of Environmental and Financial Assistance and the Ohio Water Development Authority (OWDA). City Council authorized this loan application and acceptance of funding via Ordinance 3119-2025 passed by Council on 12/15/25. This loan is expected to be approved at the September 2026 OWDA Board meeting.
Funding for the 690236-100144 Kent/Fairwood Waterline Improvements portion of this contract will be obtained through a loan from the OWDA Fresh Water Program (OWDA Direct). City Council authorized this loan application and acceptance of funding via Ordinance 0341-2026 passed by Council on 3/2/26. This loan is expected to be approved at the September 2026 OWDA Board meeting.
This ordinance is contingent upon both loans being approved by the OWDA Board. Columbus Water and Power will inform the Auditor’s Office when the loans are approved.
An amendment to the 2025 Capital Improvement Budget is needed to reflect the loan funding. Funds will need to be appropriated in the Sanitary Revolving Loan Fund, Fund 6111, and the Water - Fresh Water Market Rate Loan Fund, Fund 6014.
Title
To authorize the Director of Columbus Water and Power to enter into a contract modification with Evans Mechwart Hambleton & Tilton Incorporated for the Construction Administration/Construction Inspection Services 2026-2028 contract to add additional funding; to authorize amendments to the 2025 Capital Improvement Budget; to authorize the appropriation and expenditure of up to $1,400,533.56 from the Water Pollution Control Loan Fund and the Water - Fresh Water Market Rate Loan Fund for the contract; and to make this ordinance contingent upon the Ohio Water Development Authority approving loans for the project. ($1,400,533.56)
Body
WHEREAS, the Columbus Water and Power is engaged in the Kent/Fairwood Permeable Pavers & Kent/Fairwood Waterline Improvements project; and
WHEREAS, Contract Nos. PO567231 & PO567218 were authorized by Ordinance No. 0648-2026, for the Construction Administration/Construction Inspection Services 2026-2028 Project; and
WHEREAS, a planned contract modification is needed to add additional funds for the Construction Administration/Construction Inspection tasks that need to be performed for the Kent/Fairwood Permeable Pavers & Kent/Fairwood Waterline Improvements project; and
WHEREAS, the contract with EMH&T Inc. will need to be modified to add this task to the contract and to add funding to pay for the task; and
WHEREAS, an amendment to the 2025 Capital Improvement Budget is needed to align budget authority with the proper project; and
WHEREAS, it is necessary to authorize the appropriation of up to $792,612.10, from the Water Pollution Control Loan Fund, Fund 6111 which includes a 10% construction contingency amount that will be utilized to fund needed and approved changes in the work, and the appropriation of up to $607,921.46 which also includes a 10% construction contingency amount that will be utilized to fund needed and approved changes in the work, from the Water - Fresh Water Market Rate Loan Fund, Fund 6014 for the contract; and
WHEREAS, it has become necessary in the usual daily operation of the Columbus Water and Power to expend funds from the Water Pollution Control Loan Fund, Fund 6111 and the Water - Fresh Water Market Rate Loan Fund, Fund 6014, to pay for the construction administration and inspection services EMH&T Inc. provides under the Construction Administration/Construction Inspection Services 2026-2028 contract; and now, therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the 2025 Capital Improvement Budget authorized by Ordinance 1790-2025 be amended as follows to establish sufficient budget authority for this project:
Fund / Project Number / Project Name (Funding Source) / Current Authority / Revised Authority / Change
6014 / 690236-100144 / Kent/Fairwood Waterline Improvements (OWDA Direct Loan) / $3,701,429.00 / $4,309,351.00 / $607,922.00
SECTION 2. That the appropriation of $792,612.10, or so much thereof as may be needed, is hereby authorized in the Sanitary Revolving Loan Fund, Fund 6111, and the appropriation of $607,921.46, or so much thereof as may be needed, is hereby authorized in the Water - Fresh Water Market Rate Loan Fund, Fund 6014, per the accounting codes in the attachment to this ordinance.
SECTION 3. This ordinance is contingent upon the Ohio Water Development Authority's Board approving the loans for this project.
SECTION 4. That the Director of Columbus Water and Power is hereby authorized to enter into a contract modification to add additional funding for the Blueprint Miller Kelton - Kent/Fairwood Permeable Pavers & Kent/Fairwood Waterline Improvements projects with EMH&T Inc., 5500 New Albany Rd, Columbus, Ohio 43054, for construction administration and inspection services, in accordance with the terms and conditions as shown in the contract on file with the Columbus Water and Power, in an amount not to exceed $1,400,533.56.
SECTION 5. That the expenditure of $1,400,533.56, or so much thereof as may be needed, is hereby authorized to pay for this contract per the accounting codes in the attachment to this ordinance.
SECTION 6. 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 7. 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 8. 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 9. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.