...Explanation
1. BACKGROUND
This Ordinance authorizes the Director of Public Utilities to enter into a planned contract modification to the professional services contract with Murphy Epson, Inc., for the Lead Service Line Outreach project, CIP 690700-100001, in an amount up to $2,527,488.06 to pay for continued outreach services for the project.
Murphy Epson and their sub-consultants will continue to support the Lead Service Line Program project by educating and informing residents about the Lead Service Line program, and designing outreach strategies and engagement that informs and supports the project managers, design teams, and construction teams. This includes direct resident engagement, hosting public meetings, designing informational materials, engaging with community leaders and organizations, and supporting process improvements to create better resident experiences with the Lead Service Line program.
Outreach for the Lead Service Line Replacement Program is a city-wide program. The services provided in the Lead Service Line Public Information Outreach project are intended to:
1. Meet all baseline communications requirements set forth in the Lead and Copper Rule Revisions and anticipated Lead and Copper Improvements Rule.
2. Engage Columbus residents and key stakeholders in DOW’s Lead Service Line goals, activities, and education and share information transparently.
3. Maintain a responsive resident interaction process and share information transparently throughout Lead Service Line program design and implementation.
4. Promote lead identification, replacement programs and testing programs.
The Lead Service Line Public Information Outreach contractor shall be responsible for developing communication messaging (including design and graphics); providing general project information and education; developing and executing effective engagement strategy to hard-to-reach populations; receiving resident inquiries and coordinating responses with the City team; and providing support to the construction teams operating in active Lead Service Line neighborhoods. The consultant will consolidate resident feedback for the City to identify issues and recommend strategies/solutions.
The Community Planning Area for this project is 99-Citywide
1.1 Future Renewals/Modifications: This is the final planned contract modification for this contract.
1.2 Amount of additional funds to be expended: $2,527,488.06
Original Contract: (ORD 0664-2024; PO446930) $ 546,975.55
Modification #1 (ORD 1414-2025; PO517647) $ 860,206.69
Modification #2 (ORD 3182-2025; PO545296) $ 638,046.88
Modification #3 (Current) $2,527,488.06
CONTRACT TOTAL $4,572,717.18
1.3. Reason other procurement processes are not used: This contract was bid under the City’s RFP process as a four-year contract. We are still within the four years. This modification is a planned modification to add funding. Another procurement process is not required.
1.4. How the cost of the modification was determined: Using existing contract job titles, rates of pay, and allowable expenses for the number of hours estimated to be needed to accomplish the project scope.
2. ECONOMIC IMPACT/ADVANTAGES; COMMUNITY OUTREACH; PROJECT DEVELOPMENT; ENVIRONMENTAL FACTORS/ADVANTAGES OF PROJECT
Administration of the Lead Service Line Public Information Outreach contract ensures inclusive, accessible, and authentic engagement strategies are being utilized to educate and inform citizens about the Lead Service Line program and the issue being addressed. This contract also provides assistance to the Lead Service Line program team in developing and improving materials to better communicate with residents, businesses, childcare facilities, and primary secondary schools. Residents will be engaged through door-to-door engagement, public meetings and community education forums.
Administration of this contract will assist the Division of Water to maintain compliance with new Lead and Copper Rule Revisions (LCRR) enacted by the United States Environmental Protection Agency on December 16, 2021, and Lead and Copper Rule Improvements (LCRI) enacted by the United States Environmental Protection Agency on October 16, 2024.
3. CONTRACT COMPLIANCE INFORMATION
Murphy Epson’s contract compliance number is CC-004934 and expires 01/24/2027.
Murphy Epson intends to accomplish the work with the use of two subconsultants:
Company Name___________ Compliance # Expiration ODI Status_______
RAMA Consulting Services CC-001370 11/14/27 MBE
D&D’s PolicyWorks, LLC Expired
The certification of RAMA Consulting Services was in good standing at the time of the contract modification. D&D’s PolicyWorks, LLC’s will need to be registered with the city.
4. FISCAL IMPACT
This modification is expected to be financed with a loan from the Water Supply Revolving Loan Account (WSRLA) through the Ohio Environmental Protection Agency and administered by the Ohio Water Development Authority (OWDA). This contract modification was not previously nominated for loan funding through the WSRLA program. Non-construction loans do not have a nomination deadline for pre-approval for this source of funding and are nominated as the need for financing arises. An ordinance is needed to show City Council approves using a WSRLA loan to finance this project for the OWDA Board to approve the loan.
This Ordinance authorizes the City Auditor to appropriate and transfer funds from the Water System Reserve Fund, Fund 6003, to the Water Supply Revolving Loan Account Fund, Fund 6011, to fund this proposed expenditure prior to the loan being approved. This transaction is a temporary measure that is required until such time as the Division is able to execute a loan with the Water Supply Revolving Loan Account Fund and reimburse the Water System Reserve Fund. The loan is expected to be approved in June 2026. The funds will also need to be appropriated in Fund 6011. An amendment to the 2025 Capital Improvement Budget is needed to align budget authority with the proper project.
The WSRLA loan program is now a reimbursement program. The Department of Public Utilities will need to pay invoices for this contract modification and submit them for reimbursement to OWDA.
5. EMERGENCY DESIGNATION
Emergency designation is requested for this ordinance. City Council declared lead lines to be a health hazard that need to be replaced. This contract work educates residents on the danger of lead-water lines and the need to replace them, convincing residents to eliminate this health hazard by volunteering to have their lead lines replaced.
Title
To authorize the Director of the Department of Public Utilities to enter into a planned contract modification of a professional services contract with Murphy Epson, Inc. for the Lead Service Line Outreach project; to authorize an amendment to the 2025 Capital Improvement Budget; to authorize the Director of the Department of Public Utilities to apply for a Water Supply Revolving Loan Account loan and to enter into a loan agreement with the Ohio Water Development Authority and the Ohio Environmental Protection Agency; to appropriate funds in the Water System Reserve Fund and the Water Supply Revolving Loan Account Fund; to authorize a transfer of cash between the Water System Reserve Fund and the Water Supply Revolving Loan Account Fund; to authorize an expenditure of up to $2,527,488.06 from the Water Supply Revolving Loan Account Fund to pay for the contract modification; and to declare an emergency. ($2,527,488.06)
Body
WHEREAS, there is an existing professional engineering services contract with Murphy Epson for the Lead Service Line Outreach project; and
WHEREAS, it is necessary to authorize a planned modification to the contract to add funding for the provision of continued services; and
WHEREAS, the 2025 Capital Improvement Budget must be modified to align budget authority with the proper project; and
WHEREAS, it is necessary to both appropriate funds from the Water System Reserve Fund, Fund 6003, and to authorize the transfer of said funds into the Water Supply Revolving Loan Account Fund, Fund 6011, in order 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 Water System Reserve Fund; and
WHEREAS, the funds transferred into the Water Supply Revolving Loan Account Fund, Fund 6011, will need to be appropriated; 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 (collectively, the “Project”); and
WHEREAS, it is necessary to authorize an expenditure up to $2,527,488.06 within the WRSLA Fund, Fund 6011, for the Division of Water in order to temporarily fund this expenditure until such time as the City receives loan proceeds for the above stated purpose and reimburses the Water System Reserve Fund; and
WHEREAS, the WSRLA Loan Application and Loan Agreement documents require the City to submit to the Ohio EPA a certified copy of approved City Council legislation authorizing the Director of the Public Utilities Department to apply for and subsequently execute the WSRLA agreement and to authorize a dedicated source of repayment for the loan; 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 planned contract modification to continue educating residents on the danger of lead water lines and the need to replace them, for the immediate preservation of the public health, peace, property, safety, and welfare; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the 2025 Capital Improvement Budget authorized by Ordinance 1790-2025 be amended as follows to establish sufficient budget authority for this project:
Fund / Project Number / Project Name (Funding Source) / Current Authority / Revised Authority / Change
6011 / 690700-100001 / Lead Service Line Public Information Outreach (WSRLA Loan) / $0.00 / $2,527,489.00 / $2,527,489.00 (To Match Loan Amount)
SECTION 2. That the Director of Public Utilities is hereby authorized to apply for, accept, and enter into a Water Supply Revolving Loan Account loan agreement with the Ohio Environmental Protection Agency administered by the Ohio Water Development Authority for the financing of a planned contract modification for the Lead Service Line Outreach project, CIP 690700-100001, based upon the availability of funds through the Ohio EPA’s Water Supply Revolving Loan Account (WSRLA) program and the Agency’s approval, in the amount of $2,527,488.06.
SECTION 3. 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 ending December 31, 2026, the sum of $2,527,488.06 is appropriated in the Water System Reserve Fund, Fund 6003, per the account codes in the attachment to this ordinance.
SECTION 4. That the transfer of $2,527,488.06 or so much thereof as may be needed, is hereby authorized between the Water System Reserve Fund, Fund 6003, to the Water Supply Revolving Loan Account Fund, Fund 6011, per the account codes in the attachment to this ordinance.
SECTION 5. 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 ending December 31, 2026, the sum of $2,527,488.06 is appropriated in the Water Supply Revolving Loan Account Fund, Fund 6011, per the account codes in the attachment to this ordinance.
SECTION 6. That the Director of Public Utilities is hereby authorized to modify and increase the professional engineering services contract with Murphy Epson., 1650 Watermark Drive, Ste. 210, Columbus, Ohio, 43215, for the Lead Service Line Outreach project, in an amount up to $2,527,488.06.
SECTION 7. That an expenditure of $2,527,488.06, or so much thereof as may be needed, is hereby authorized from the Water Supply Revolving Loan Account Fund, Fund 6011, to pay for this planned contract modification, per the accounting codes in the attachment to this ordinance.
SECTION 8. That upon obtaining other funds for the purpose of funding the Lead Service Line Outreach project, the City Auditor is hereby authorized to repay the Water System Reserve Fund the amount transferred above (Section 4), and said funds are hereby deemed appropriated for such purposes.
SECTION 9. 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 $2,510,050.95 (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 Sanitary Reserve Fund, Fund 6102, which is the fund from which the advance for costs of the Project will be made.
SECTION 10. That 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 11. 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 12. 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 13. 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.