Explanation
1. BACKGROUND
This ordinance authorizes the Director of Public Utilities to enter into a contract modification with Prime Construction Management & Survey, Inc., for construction administration/inspection services for Department of Public Utilities construction projects bid during the calendar years 2023 through 2025 as part of the Construction Administration/Construction Inspection Services 2023-2025 contracts.
Prime Construction Management & Survey, Inc. will be assigned construction projects as tasks on their contract and will ensure the work is performed to City of Columbus construction standards and specifications. As projects are added to the contract, the contract will be modified to authorize Prime Construction Management & Survey, Inc. to perform the work and to add funding to pay for the work.
The construction project to be administered by Prime Construction Management & Survey, Inc. under this contract modification is 650872-153006 Eureka Fremont Lateral Lining Project 6.
This work will primarily be performed in Community Planning Area “53 - Greater Hilltop.”
1.1. Amount of additional funds to be expended: $1,427,800.45
Original Contract: $201,851.31 (ORD 1727-2023; PO411801)
Modification #1: $72,154.14 (ORD 1803-2023; PO419003)
Modification#2: $1,204,608.25 (ORD3237-2023; PO428570, PO428574, PO428580, PO428584, PO428589)
Modification #3: $350,000.12 (ORD 1618-2024; PO461720)
Modification #4 $70,310.34 (ORD 1640-2024; PO469578)
Modification #5 $1,783,848.34 (ORD 3022-2024 PO503546)
Modification #6 $217,365.42 (ORD 0196-2025)
Modification #7 (current) $1,427,800.45
Total: $5,327,938.37
1.2. Reasons additional goods/services could not be foreseen:
This is a three-year agreement for fiscal years 2023 - 2025 for which modifications were anticipated pursuant to the original authorizing legislation under Ordinance 1727-2023 to account for future construction projects being assigned to Prime Construction Management & Survey, Inc., as additional tasks requiring contract modifications to authorize Prime Construction Management & Survey, Inc., to perform those tasks and to add funding to pay for the additional work to be performed.
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/inspection services for construction projects that bid during the three year (2023-2025) 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 Prime Construction Management & Survey, Inc. and Department of Public Utilities 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
This work will ensure the Department’s construction projects are performed correctly and will last the anticipated service life. No community outreach is planned at this time.
3. CONTRACT COMPLIANCE INFORMATION
Prime Construction Management & Survey, Inc. contract compliance number is CC-024771 and expired 10/4/2024.
The certification of Prime Construction Management & Survey, Inc. is not in good standing at the time of this contract modification due to contract compliance being expired. Contract compliance will need to be renewed before this contract modification can be executed
4. MINORITY AND WOMAN OWNED BUSINESS ENTERPRISE & SMALL LOCAL BUSINESS ENTERPRISE PROGRAM
This contract opportunity was submitted to the City’s Office of Diversity and Inclusion (ODI) for review and assignment of an MBE/WBE goal prior to bidding. ODI determined there was not an opportunity for MBE/WBE participation in this contract and did not assign a goal. This contract was not bid with a City of Columbus MBE/WBE Program goal and the requirements of the City’s MBE/WBE Program are not applicable to this contract. Prime Construction Management & Survey, Inc. is classified as a majority owned company by ODI. Three subcontractors are anticipated to be used for these tasks on the contract. The MBE/WBE percentage for this task is anticipated to be 40.3%.
Company Name City/State ODI Certification Status
Dynotec, Inc. Columbus, Ohio MBE
True Inspection Services, Inc. Urbana, Ohio MBE
DLZ Ohio, Inc. Columbus, Ohio MBE
All subcontractors were in good standing at the time of this contract modification.
5. FISCAL IMPACT
This project is anticipated to be financed with a loan from the Water Pollution Control Loan Fund (WPCLF), a program 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 2720-2024, passed by Council on 10/28/24. This loan is expected to be approved at the OWDA May Board meeting. This ordinance is contingent upon the loan being approved by OWDA. The Department of Public Utilities will inform the Auditor's Office when this loan has been approved.
The 2024 Capital Budget must be amended to provide budget authority for the proper project and funds must be appropriated within the WPCLF Loan Fund, Fund 6111. This is a reimbursement loan. The Department of Public Utilities must pay Prime Construction Management & Survey, Inc., and then submit the paid invoices to OWDA for reimbursement.
Title
To authorize the Director of the Department of Public Utilities to enter into a contract modification with Prime Construction Management & Survey, Inc. for the Construction Administration/Construction Inspection Services 2023-2025 contract; to amend the Capital Improvement Budget; to appropriate funds within the Water Pollution Contol Loan Fund; to make this ordinance contingent upon the Ohio Water Development Authority approving a loan for this project; and to authorize the expenditure of up to $1,427,800.45 from the Water Pollution Control Loan Fund to pay for the project. ($1,427,800.45).
Body
WHEREAS, the Department of Public Utilities is engaged in the Eureka Fremont Lateral Lining Project 6, CIP #650872-153006; and
WHEREAS, construction administration and inspection services need to be performed for the project; and
WHEREAS, the Department of Public Utilities advertised a Request for Proposals for Construction Administration/Construction Inspection Services; and
WHEREAS, Prime Construction Management & Survey, Inc. was one of six firms selected by the evaluation committee to provide these services; and
WHEREAS, Ordinance 1727-2023 authorized a contract with Prime Construction Management & Survey, Inc., for these services and assigned the first task to be performed; and
WHEREAS, additional construction inspection/administration tasks needs to be performed; and
WHEREAS, the contract with Prime Construction Management & Survey, Inc. will need to be modified to add these tasks to the contract and to add funding to pay for the tasks; and
WHEREAS, Ordinance 2720-2024 authorized this project to be funded by a loan to be obtained through the Water Pollution Control Loan Fund (WPCLF); and
WHEREAS, this ordinance is contingent upon that loan being approved; and
WHEREAS, the 2024 Capital Improvement Budget must be amended to provide budget authority for the proper project; and
WHEREAS, funds must be appropriated within the Water Pollution Control Fund, Fund 6111; and
WHEREAS, funds must be expended to pay for the construction administration and inspection services Prime Construction Management & Survey, Inc. provides under the Construction Administration/Construction Inspection Services 2023-2025 contract; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the 2024 Capital Improvement 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
6111 / 650872-153006 / Eureka Fremont Lateral Lining Project 6 (WPCLF Loan) / $0.00 / $1,427,800.00 / $1,427,800.00
SECTION 2. That the appropriation of $1,427,800.45, or so much thereof as may be needed, is hereby authorized in the Water Pollution Control Loan Fund, Fund 6111, per the accounting codes in the attachment to this ordinance.
SECTION 3. That the Director of the Department of Public Utilities is authorized to enter into a contract modification with Prime Construction Management & Survey, Inc, 8415 Pulsar Place, Suite 300 Columbus, OH 43240, for the Construction Administration/Construction Inspection Services 2023-2025 contract to perform additional construction administration and inspection services, in accordance with the terms and conditions as shown in the contract modification on file with the Department of Public Utilities, in an amount not to exceed $1,427,800.45.
SECTION 4. That Ordinance 2720-2024 authorized this project to be funded by a loan to be obtained through the Water Pollution Control Loan Fund (WPCLF) Loan Account;
SECTION 5. That this ordinance is contingent upon that loan being approved.
SECTION 6. That an expenditure of $1,427,800.45, or so much thereof as may be needed, is authorized per the accounting codes in the attachment to this Ordinance.
SECTION 7. That funds are 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 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 the City Auditor is 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 10. That this Ordinance shall take effect and be in force from and after the earliest period allowed by law.