Explanation
1. BACKGROUND
This ordinance authorizes the Director of Public Utilities to enter into a planned contract modification for professional engineering services with Burgess & Niple, Inc. for the JPWRP Screening Improvements project, CIP #650252-100010, in an amount up to $2,380,053.00.
The Jackson Pike Water Reclamation Plant (JPWRP) operates two (2) mechanical screens to remove large debris as wastewater enters the plant as part of their headworks treatment process. The current screenings press, installed in 2008 as part of Contract J210 to consolidate, compact, and dewater the captured debris, is unable to process the large amount of leaves and debris that is captured by the mechanical screens. Additionally, the Screen Room was constructed in the 1930s and requires a holistic evaluation to ensure the equipment and building systems are providing the appropriate service for treatment and plant staff.
Public Utilities has a contract with Burgess & Niple for Professional Engineering Services (Design Professional, or “DP” services) for the JPWRP Screenings Improvements project. Burgess & Niple completed Preliminary Design Services (Step 1), is currently providing Detailed Design and Bidding Services (Step 2), and will provide Services During Construction (Step 3) soon.
The initial contract provided funding for Preliminary Design Services (Step 1). Modification No. 1 to the contract was provided previously to fund Detailed Design and Bidding Services (Step 2). Modification No. 2 was an unplanned modification that revised the scope of services to meet the revised plan for JPWRP’s screenings facility and continue with detailed design. This modification (Modification No. 3) will add funding for Detailed Design and Bidding Services (Step 2) and Engineering Services During Construction (Step 3).
Planning Area is Citywide
1.1 Amount of additional funds to be expended: $2,380,053.00
Original Contract,(PO167890; ORD 0395-2019) ……… ………$787,950.00
Modification No. 1, (PO280654; ORD 0946-2021) ……………. $1,878,897.00
Modification No. 2, (Scope Change; ORD 1713-2023)………….$0.00
Modification No. 3 (Current) ……………………………………$2,380,053.00
CONTRACT TOTAL:…………………………………………$5,046,900.00
1.2. Reason other procurement processes are not used:
This contract was awarded through the City’s RFP process as a multi-year contract with planned modifications to add funding until the construction project is complete. Another procurement process is not required.
1.3. How cost of modification was determined:
The Consultant prepared an estimate based on the scope of work using established contract job titles, rates of pay, and allowable expenses. The City Project Manager and associated staff reviewed the proposal and negotiated the final cost.
2. ECONOMIC IMPACT/ADVANTAGES; COMMUNITY OUTREACH; PROJECT DEVELOPMENT; ENVIRONMENTAL FACTORS/ADVANTAGES OF PROJECT:
The JPWRP Screening Improvements project will ensure that debris continues to be removed from the incoming wastewater for disposal. This process protects the downstream equipment from debris that would otherwise cause plugging resulting in excessive downtime for repairs. Effective removal of debris will ensure the downstream equipment is protected so the plant’s equipment remains and capacity is not reduced due to screenings debris.
3. CONTRACT COMPLIANCE INFORMATION
Burgess & Niple, Inc.’s contract compliance number is CC004425 and expires 12/11/27.
As part of the modification of this contract, Burgess & Niple, Inc. has proposed the following five subcontractors to perform contract work:
Company Name City/State ODI Certification Status
Arcadis Columbus, Ohio MAJ
CDM Smith Columbus, Ohio MAJ
Prime AE Columbus, Ohio MAJ
Stantec Consulting Columbus, Ohio MAJ
360 Water Columbus, Ohio WBE
The certification of Burgess & Niple, Inc. and the above companies was in good standing at the time of the contract modification.
Searches in the Excluded Party List System (Federal) and the Findings for Recovery list (State) produced no findings against Burgess & Niple, Inc.
4. FISCAL IMPACT
Funding for this contract will be obtained through 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 3119-2025, passed by Council on 12/15/25. This loan is expected to be approved at the OWDA June Board meeting. Funds will need to be certified against the Sanitary Sewer Reserve Fund, Fund 6102, to proceed with this project until the loan has been approved.
Funds will need to be appropriated within the Sanitary Sewer Reserve Fund, Fund 6102, transferred to the Water Pollution Control Loan Fund, Fund 6111, and then appropriated in the Water Pollution Control Loan Fund, Fund 6111, to fund this expenditure. This transaction is a temporary measure that is required until such time as the division can execute a loan with the WPCLF and reimburse the Sanitary Sewer Reserve Fund.
This is a reimbursement loan. The Department of Public Utilities must pay Burgess & Niple, Inc. and then submit the paid invoices to OWDA for reimbursement.
5. EMERGENCY DESIGNATION
Emergency designation is requested for this ordinance. The existing screens do not adequately remove debris from the plant’s influent flow and does not adequately protect downstream processes and equipment during large wet weather events, causing extra repair expense and release of untreated wastewater into the environment.
Title
To authorize the Director of the Department of Public Utilities to modify and increase the contract with Burgess & Niple, Inc. for the JPWRP Screening Improvements project; to authorize the appropriation and transfer of funds from the Sanitary Sewer Reserve Fund to the Water Pollution Control Loan Fund; to authorize the appropriation of funds within the Sanitary Revolving Loan Fund; to authorize an expenditure of up to $2,380,053.00 from the Water Pollution Control Loan Fund to pay for the project: and to declare an emergency. ($2,380,053.00)
Body
WHEREAS, the Department of Public Utilities is engaged in the JPWRP Screening Improvements project; and
WHEREAS, Contract No. PO167890 with Burgess & Niple, Inc., was authorized by Ordinance No. 1395-2019, for the JPWRP Screening Improvements project; and
WHEREAS, a planned contract modification is needed to add funding for continued engineering services; and
WHEREAS, it is necessary for Council to authorize the Director of Public Utilities to modify the professional engineering services agreement with Burgess & Niple, Inc. for the JPWRP Screening Improvements project to add funding for continued engineering services; and
WHEREAS, it is necessary to both appropriate funds of up $2,380,053.00 to the Sanitary Sewer Reserve Fund, Fund 6102, and to authorize the transfer of said funds into the Water Pollution Control Loan Fund, Fund 6111, to temporarily fund this expenditure, until such time as the City is able to execute a loan for the above stated purpose and reimburse the Sanitary Sewer Reserve Fund; and
WHEREAS, the funds transferred into the Water Pollution Control Loan Fund, Fund 6111, must be appropriated; and
WHEREAS, it is necessary to expend funds of up to $2,380,053.00 from the Water Pollution Control Loan Fund, Fund 6111, to pay for the contract modification; and
WHEREAS, Ordinance 3119-2025, passed by Council on 12/15/25, authorized this project to be funded by a loan to be obtained through the Water Pollution Control Loan Fund (WPCLF) Loan Account; and
WHEREAS, the City anticipates incurring certain Original Expenditures (as defined in Section 1.150-2(c) of the Treasury Regulations (the “Treasury Regulations”) promulgated pursuant to the Internal Revenue Code of 1986, as amended) with respect to the construction of the project described in this ordinance (the “Project”); and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Utilities in that it is immediately necessary to execute the contract modification to prevent a delay in the completion of JPWRP Screening Improvements project as currently the existing screens do not adequately remove debris from the plant’s influent flow and does not adequately protect downstream processes and equipment during large wet weather events., thereby preserving the public health, peace, property, safety, and welfare; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That from the unappropriated balance of the DPU Reserve Fund, Fund 6102 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 ending December 31, 2026, the sum of $2,380,053.00 is hereby appropriated to the Department of the City Auditor for Transfer per the account codes in the attachment to this ordinance in order to carry out the purpose of this ordinance.
SECTION 2. That the transfer of $2,380,053.00, or so much thereof as may be needed, is hereby authorized between the Sanitary Reserve Fund, Fund 6102, and the Water Pollution Control Loan Fund, Fund 6111, per the account codes in the attachment to this ordinance.
SECTION 3. That the appropriation of $2,380,053.00, 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 4. That the Director of Public Utilities is hereby authorized to enter into a contract modification for the JPWRP Screening Improvements project with Burgess & Niple, Inc., 330 Rush Alley, Suite 700, Columbus, Ohio, 43215, in an amount up to $2,380,053.00, in accordance with the terms and conditions of the contract on file in the Department of Public Utilities.
SECTION 5. That the expenditure of $2,380,053.00, or so much thereof as may be needed, is hereby authorized to pay for this contract modification per the accounting codes in the attachment to this ordinance.
SECTION 6. That upon obtaining other funds for the purpose of funding sanitary system capital improvement work, the City Auditor is hereby authorized to repay the Sanitary Sewer Reserve Fund the amount transferred above (Section 2), and said funds are hereby deemed appropriated for such purposes.
SECTION 7. That the City intends that this ordinance constitute an “official intent” for purposes of Section 1.150-2(e) of the Treasury Regulations, and that the City reasonably expects to reimburse itself for certain Original Expenditures incurred with respect to the Project from the proceeds of obligations to be issued by the City in a principal amount currently estimated to be $2,380,053.00 (the "Obligations").
The City intends to make a reimbursement allocation on its books for the Original Expenditures not later than eighteen months following the later to occur of the date of the Original Expenditure to be reimbursed or the date the Project for which such Original Expenditures were made is "placed in service" within the meaning of Treasury Regulations Section 1.150-2(c). Upon the issuance of the Obligations, the proceeds of such Obligations shall be used to reimburse the fund from which the advance for costs of the Project will be made.
SECTION 8. 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 9. 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 10. 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 11. That for the reasons stated in the preamble hereto, which is 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 (10) days after passage if the Mayor neither approves nor vetoes this Ordinance.