Explanation
1. BACKGROUND: This legislation authorizes the Director of Finance and Management, on behalf of the Office of Construction Management, to modify and increase the Professional Construction Manager at Risk (CMaR) Services agreement, with Elford, Inc., for the Department of Public Safety’s Columbus Police Substation #6 (Easton) facility project (hereinafter designated “Easton Police Substation”), in an amount up to $4,000,000.00.
The original agreement under PO570304, established the initial Construction Manager at Risk (CMaR) Services agreement and was authorized by Ordinance No. 1430-2026, and approved by City Council on June 1, 2026.
Modification No. 1 (current) will provide funding for the Guaranteed Maximum Price (GMP #1) of construction. This modification was planned and mentioned under the original Ordinance No. 1430-2026.
2. MODIFICATION INFO:
A. The amt of additional funds to be expended under this modification: $4,000,000.00
Original Contract Amount: $10,000,000.00 (PO570304)
Modification No. 1 (GMP #1) (current): $ 4,000,000.00
Grand Total (current): $14,000,000.00
Modification No. 2 (GMP #2) (future): $ 4,000,000.00
Total project cost: $18,000,000.00
B. Why the need for additional goods or services could not be foreseen at the time the contract was initially awarded.
This modification was foreseen due to the nature of Construction Manager at Risk contracts. This modification covers the scope for construction of the project.
C. Why it would not be in the city’s best interests to have the additional contract requirements awarded through other procurement processes?
All of the work associated with this modification was planned as part of the original project scope. The project was broken into phases and contract modifications to align with the Construction Manager at Risk project delivery method.
D. How the price for the additional goods or services which are subject of the modification was determined.
The price for additional services was determined by the vendor providing anticipated construction costs for the construction team.
3. CONTRACT COMPLIANCE INFO: Elford, Inc., CC# 006059, expires 3/4/28, Majority-designated
4. FUTURE MODIFICATION: A second modification (GMP #2) is planned and will be legislated once funding has been procured. This modification is needed as construction costs have increased due to the subsurface conditions of the property and steep tariffs on aluminum, copper, steel, and lumber. Energy and fuel prices increased costs for manufacturing, truck deliveries, and machinery to construct buildings.
5. EMERGENCY DESIGNATION: It is requested that this Ordinance be handled in an emergency manner in order to maintain the current schedule and minimize project delays.
6. FISCAL IMPACT: There are sufficient funds and budgetary authority within the Safety G.O. Bonds Fund - Fund No. 7701 for this expenditure.
Title
To authorize the Director of Finance and Management, on behalf of the Office of Construction Management, to modify and increase the Professional Construction Manager at Risk (CMaR) Services agreement with Elford, Inc.; for the Department of Public Safety’s Easton Police Substation project; to authorize an expenditure up to $4,000,000.00 within the Safety General Obligations Bond Fund; and to declare an emergency. ($4,000,000.00)
Body
WHEREAS, the Department of Finance and Management, on behalf of the Office of Construction Management, entered into a Professional Construction Manager at Risk (CMaR) Services agreement, with Elford, Inc. for the Department of Public Safety’s Easton Police Substation project, under Contract No. PO570304, authorized by Ordinance No. 1430-2026, and approved by City Council on June 1, 2026; and
WHEREAS, Modification No. 1 (current) will encumber funds for the Guaranteed Maximum Price (GMP) for construction; and
WHEREAS, a future Modification No. 2 (GMP #2) will be required once funding has been procured; and
WHEREAS, it is necessary to authorize the Director of Finance and Management to modify and increase the Professional Construction Manager at Risk (CMaR) Services agreement, with Elford, Inc., for the Department of Public Safety’s Easton Police Substation project, in an amount up to $4,000,000.00; and
WHEREAS, it is necessary to authorize an expenditure up to $4,000,000.00 within the Safety G.O. Bonds Funds; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Finance and Management, Office of Construction Management, in that it is immediately necessary to authorize the Director of Finance and Management to modify and increase the Professional Construction Manager at Risk (CMaR) Services agreement, with Elford, Inc., for the Department of Public Safety’s Easton Police Substation project, in an emergency manner in order to maintain the current schedule and minimize project delays; for the immediate preservation of the public safety, peace, property and safety; and NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the Director of Finance and Management is hereby authorized to modify and increase the Professional Construction Manager at Risk (CMaR) Services agreement, on behalf of the Office of Construction Management, with Elford, Inc., for the Department of Public Safety’s Easton Police Substation project, in an amount up to $4,000,000.00.
SECTION 2. That an expenditure of $4,000,000.00, or so much thereof as may be needed, is hereby authorized in the Safety G.O. Bonds Fund - Fund No. 7701, per the accounting codes in the attachment to this ordinance.
SECTION 3. That the funds necessary to carry out the purpose of this Ordinance are hereby deemed appropriated, and the City Auditor shall establish such accounting codes as necessary.
SECTION 4. That the City Auditor is hereby authorized and directed to transfer any unencumbered balance in the project account to the unallocated balance 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 no longer required for said project; except that no transfer shall be made from a project account by monies from more than one source.
SECTION 5. That the City Auditor is authorized to establish proper project accounting numbers as appropriate.
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 for reasons stated in the preamble hereto, which is hereby made a part hereof, this Ordinance is declared to be an emergency measure and 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.