Explanation
1. BACKGROUND
This ordinance authorizes the Director of Public Utilities to enter into a contract modification for professional engineering services with Burgess and Niple, Inc. for the Mound Street Floodwall and WCLLP Repairs, CIP #611708-100000, in an amount up to $494,964.53.
The City of Columbus, Division of Sewerage and Drainage (DOSD), initiated CIP 611708-100000 to address the existing concrete floodwall located along the east side of the Scioto Trail, between Main Street and the Norfolk Southern/CSX railroad bridge, in the vicinity of the Miranova condominium tower. The wall has deteriorated significantly. Exposed reinforcing steel has created a safety risk, the crumbling concrete is an eyesore, and continued deterioration may lead to the failure of the floodwall. This Project will also address the spalling and cracked panels of the existing concrete wall sections along the West Columbus Local Protection Project (WCLPP), also known as the Franklinton Floodwall.
The initial phase of work for this Project involved reviewing historic data and completing field investigations associated with the existing concrete floodwall located along the east side of the Scioto River, between Main Street and the Norfolk Southern/CSX railroad bridge. Following the initial data review and field investigations, recommendations were prepared for the rehabilitation and/or repair of the Mound Street Floodwall and the damaged WCLPP panels.
This planned contract renewal will fund the design and development of plans for the rehabilitation and/or replacement of the existing Mound Street wall. It will also design and develop plans for effective and sustainable repairs to those panels of the WCLPP which exhibit significant spalling and cracking to prevent their failure.
The Community Area for this project is 37 - West Scioto, 54 - Franklinton, 55 - Downtown, 59 - Southwest, and 69 - Harmon Road Corridor.
1.1. Amount of additional funds to be expended: $494,964.53
Cost summary:
Original Engineering Agreement (ORD 1255 - 2020; PO235328) $249,934.26
Modification No.1 (current) $494,964.53
CONTRACT TOTAL $744,898.79
1.2. Reason other procurement processes are not used:
This contract was awarded through the City’s RFP process to do the initial study and then develop design plans. This contract modification is done to add funding to develop the design plans. Since this modification was planned and explained in the original ordinance and contract, another procurement process is not needed.
1.3. How cost of modification was determined:
An estimate was developed based on existing contract job titles, rates of pay, and allowable expenses. This estimate was reviewed by the City’s project team, and the project team then negotiated the final cost.
2. ECONOMIC IMPACT/ADVANTAGES; COMMUNITY OUTREACH; PROJECT DEVELOPMENT; ENVIRONMENTAL FACTORS/ADVANTAGES OF PROJECT
This project is required to maintain flood protection to over four square miles of protected area. The project will also repair and improve the aesthetics of the deteriorated concrete floodwall on the east side of the Scioto Trail south of Main St.
3. CONTRACT COMPLIANCE INFORMATION
Burgess and Niple, Inc.’s contract compliance number is CC004425 and expires 1/10/26.
4. MINORITY AND WOMAN OWNED BUSINESS ENTERPRISE & SMALL LOCAL BUSINESS ENTERPRISE PROGRAM
This contract was put in place prior to the implementation of the City of Columbus MBE/WBE Program and is not subject to the requirements of that program. Burgess and Niple, Inc. is classified as a majority owned company by the City’s Office of Diversity and Inclusion. As part of their proposal, Burgess and Niple, Inc. has proposed two subcontractors to perform contract work. The MBE/WBE percentage for this modification is expected to be 5.5%.
Company Name City/State ODI Certification Status
2LMN, Incorporated Columbus, Ohio MBE
Barr Engineer Incorporated Columbus, Ohio MBE
The certification of Burgess and Niple, Inc. and the above companies was in good standing at the time of this contract modification.
5. FISCAL IMPACT
Funding for this contract will be obtained through the Ohio Water Development Authority Direct Loan Program. City Council authorized this loan application and acceptance of loan funding via Ordinance 0652-2024, passed by Council on 3/25/24. This loan is expected to be approved at the OWDA June Board meeting. This ordinance is contingent upon the OWDA Board approving the loan application.
The 2024 Capital Improvements Budget will need to be modified to align budget authority with the proper project; and funds will need to be appropriated and expended in the Storm - Fresh Water Market Rate Fund, Fund 6224.
The Ohio Water Development Authority (OWDA) Direct Loan Program is a reimbursement program. Purchase orders will need to be established to Burgess and Niple, Inc., for these contracts. Public Utilities will need to pay invoices directly to Burgess and Niple, Inc., and then submit reimbursement requests based upon these paid invoices to OWDA for OWDA to reimburse Public Utilities.
Title
To authorize the Director of Public Utilities to enter into a contract modification for professional engineering services with Burgess and Niple, Inc., for the Mound Street Floodwall and WCLLP Repairs project; to authorize an amendment to the 2024 Capital Improvement Budget; to appropriate funds in the Storm - Fresh Water Market Rate Fund; to make this ordinance contingent upon the Ohio Water Development Authority approving a loan for this project; and to authorize an expenditure of up to $494,964.53 from the Storm - Fresh Water Market Rate Fund to pay for the contract modification. ($494,964.53)
Body
WHEREAS, the Department of Public Utilities is engaged in the Mound Street Floodwall and WCLLP Repairs; and
WHEREAS, Contract No. PO235328 was authorized by Ordinance No. 1255 - 2020 for the Mound Street Floodwall and WCLLP Repairs project; and
WHEREAS, this project had a planned contract modification to add funding to pay for design work to be performed for the Mound Street Floodwall and WCLLP Repairs; and
WHEREAS, it is necessary for Council to authorize the Director of Public Utilities to execute a contract modification to the professional engineering services agreement with Burgess and Niple, Inc. for the Mound Street Floodwall and WCLLP Repairs for funding for detailed design; and
WHEREAS, City Council authorized this contract modification to be funded via a loan from the Ohio Water Development Authority Direct Loan Program via Ordinance 0652-2024, passed by Council on 3/25/24; and
WHEREAS, this ordinance is contingent upon the loan being approved; and
WHEREAS, the 2024 Capital Improvements Budget must be modified to align budget authority with the proper project; and
WHEREAS, funds will need to be appropriated in the Storm - Fresh Water Market Rate Fund, Fund 6224; and
WHEREAS, it is necessary to authorize an expenditure of funds from the Storm - Fresh Water Market Rate Fund, Fund 6224, to pay for services provided by this contract modification; 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
6224 / 611708-100000 / Mound Street Floodwall and WCLLP Repairs (Ohio Water Development Authority Direct Loan Program) / $0.00 / $494,964.53 / $494,964.53 (To match loan amount)
SECTION 2. That from the unappropriated monies and from all monies estimated to come into said fund from any and all sources and unappropriated for any other purpose during the fiscal year ended December 31, 2025, the sum of $494,964.53 is appropriated in Fund 6224 (Storm - Fresh Water Market Rate Fund), per the account codes in the attachment to this ordinance.
SECTION 3. That the Director of Public Utilities is hereby authorized to modify and increase the professional engineering services contract with Burgess and Niple, Inc, 330 Rush Alley, Suite 700, Columbus, Ohio 43215, for the Mound Street Floodwall and WCLLP Repairs, in an amount up to $494,964.53.
SECTION 4. That an expenditure of $494,964.53, 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 5. This ordinance is contingent upon the Ohio Water Development Authority's Board approving the loan for this project.
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.