Explanation
1. BACKGROUND
This ordinance authorizes the Director of Public Utilities to enter into a contract modification for professional engineering services with Dynotec, Inc. for the Blueprint Winthrop / Milton Area Integrated Solutions Project, CIP #650870-110161, in an amount up to $537,846.12.
This project is required to comply with Ohio Environmental Protection Agency’s consent order requiring mitigation of Design Sewer Relief (DSR) activations to the 10-yr level of service. The City proposes to accomplish this via elimination of inflow and infiltration into the sanitary sewer system, and the construction of green infrastructure to capture and treat the resulting stormwater runoff.
To date, the consultant has conducted the required field investigations, property investigations, and alternative analysis to determine the preferred alternative within the project area. The consultants have used this data for the report and to assemble the 30% plans. They are currently working towards their 60% plan submittal.
Future work will concentrate on finalizing the project construction plans, assembling the construction documents, bidding the work, and conducting engineering services during construction.
This work will occur in the Clintonville area, with the project limits bounded by Whetstone Park of Roses and Brighton Rd on its northern and southern extents. It will be bounded by N. High Street and the Olentangy River on its eastern and western extents respectively.
The Community Area for this project is 39 - Clintonville.
1.1. Amount of additional funds to be expended: $537,846.12
Cost summary:
Original Engineering Agreement (ORD 3332-2016; PO051397) $1,072,507.46
Modification No.1 (current) $537,846.12
Modification No. 2 (future) $200,000.00
CONTRACT TOTAL $1,810,353.58
1.2. Reason other procurement processes are not used:
Re-bidding the project will likely result in higher costs, as much of the project history would be lost and would need to be rediscovered by a new consultant unless the same consultant wins the new RFP. In such a case, we would have lost significant time in acquiring and evaluating new proposals without substantial benefit.
1.3. How cost of modification was determined:
A cost proposal was provided by Dynotec, Inc., based upon existing contract job titles, rates of pay, and allowable expenses. The proposal was reviewed by the Division of Sewerage and Drainage and was deemed acceptable.
2. ECONOMIC IMPACT/ADVANTAGES; COMMUNITY OUTREACH; PROJECT DEVELOPMENT; ENVIRONMENTAL FACTORS/ADVANTAGES OF PROJECT
The use of more sustainable and environmentally friendly systems, commonly referred to as “green” infrastructure, has been recognized and implemented in many communities as a potential solution to various elements associated with EPA consent order requirements. Green infrastructure also provides additional stormwater treatment benefits, potentially mitigating street flooding and impacts on receiving streams.
It is anticipated that the construction of green infrastructure will positively impact the local economy by creating the need for personnel to construct and maintain the proposed facilities, as well as by sourcing project-related materials from local suppliers and vendors. Community outreach for the project will be conducted by the City via public meetings upon completion of draft plans.
3. CONTRACT COMPLIANCE INFORMATION
Dynotec, Inc.’s contract compliance number is CC005053 and expires 2/12/26.
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. Dynotec, Inc. is classified as an MBE by the City’s Office of Diversity and Inclusion. As part of their proposal, Dynotec, Inc. has proposed two subcontractors to perform contract work. The MBE/WBE percentage for this modification is expected to be 60.23%.
Company Name City/State ODI Certification Status
ms consultants, Inc. Columbus, Ohio MAJ
Donahue IDEAS, LLC Columbus, Ohio WBE
The certification of Dynotec, 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 submitting loan applications and acceptance of loan funding through this program via Ordinance 0652-2024, passed by Council on 3/25/24. This project was not one of the projects listed as anticipated to be funded through this loan program when Ordinance 0652-2024 was approved. However, Section 2 of the Ordinance stated projects can be added to the list per departmental need without seeking Council approval to change the list. Council approval for this loan is requested via this ordinance. This loan is expected to be approved at the OWDA January Board meeting. This ordinance is contingent upon the OWDA Board approving the loan application.
Budget authority exists for this project in the 2024 Capital Improvement Budget under Fund 6124, the Sanitary - Fresh Water Market Rate Fund. Funds will need to be appropriated and expended in the Sanitary - Fresh Water Market Rate Fund, Fund 6124, for this project.
The Ohio Water Development Authority (OWDA) Direct Loan Program is a reimbursement program. Purchase orders will need to be established to Dynotec, Inc. for these contracts. Public Utilities will need to pay invoices directly to Dynotec, 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 Dynotec, Inc. for the Blueprint Winthrop / Milton Area Integrated Solutions Project; to authorize the Director of the Department of Public Utilities to apply for, accept, and enter into a loan agreement with the Ohio Water Development Authority; to appropriate funds in the Sanitary - 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 $537,846.12 from the Sanitary - Fresh Water Market Rate Fund to pay for the contract modification. ($537,846.12)
Body
WHEREAS, the Department of Public Utilities is engaged in the Blueprint Winthrop / Milton Area Integrated Solutions Project; and
WHEREAS, Contract No. PO051397 was authorized by Ordinance No. 3332-2016, for the Blueprint Winthrop / Milton Area Integrated Solutions Project; and
WHEREAS, the project scope was revised requiring a change in contract work to be performed for the Blueprint Winthrop / Milton Area Integrated Solutions Project; 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 Dynotec, Inc. for the Blueprint Winthrop / Milton Area Integrated Solutions Project for detailed design and bidding services; and
WHEREAS, City Council authorized loans to be obtained to finance Public Utilities projects from the Ohio Water Development Authority Direct Loan Program via Ordinance 0652-2024, passed by Council on 3/25/24; and
WHEREAS, a loan for this project was not listed as one of the projects anticipated to be loan funded via OWDA in Ordinance 0652-2024; and
WHEREAS, Section 2 of Ordinance 0652-2024 authorized the Director of Public Utilities to make changes to the list of loan projects funded via OWDA without seeking Council approval to modify the list; and
WHEREAS, this ordinance seeks Council approval to obtain a loan from the OWDA Direct loan program to finance this project; and
WHEREAS, this ordinance is contingent upon the loan being approved; and
WHEREAS, funds will need to be appropriated in the Sanitary - Fresh Water Market Rate Fund, Fund 6124; and
WHEREAS, it is necessary to authorize an expenditure of funds from the Sanitary - Fresh Water Market Rate Fund, Fund 6124 to pay for services provided by this contract modification; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. City Council authorizes the Director of the Department of Public Utilities to apply for a loan from the Ohio Water Development Authority (OWDA) Direct Loan program to finance a design contract modification for the Blueprint Winthrop / Milton Area Integrated Solutions Project, CIP #650870-110161, to accept the loan funding if offered under terms agreeable to the City of Columbus, and to execute the documents needed to accept the loan.
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, 2024, the sum of $537,846.12 is appropriated in Fund 6124 (Sanitary - 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 Dynotec, Inc., 2931 E. Dublin-Granville Rd. Suite 200, Columbus, OH 43231, for the Blueprint Winthrop / Milton Area Integrated Solutions Project, in an amount up to $537,846.12.
SECTION 4. That an expenditure of $537,846.12, 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.