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 Gilbane-Smoot Columbus a Joint Venture (hereinafter “Gilbane-Smoot”), for the New Municipal Court Building project, in an amount up to $10,986,461.00, and to encumber funds with the Department of Public Service for prevailing wage services in the amount of $2,000.00.
The original agreement under PO482523, established the initial Construction Manager at Risk (CMaR) Services agreement and was authorized by Ordinance No. 1854-2023, and approved by City Council on July 10, 2023.
Modification No. 1, under PO495250, continued Phase 1 services, Site Development / Pre-Construction Services and was authorized by Ordinance No. 3302-2024, and approved by City Council on December 9, 2024.
Modification No. 2, under PO526606, provided the design details and construction document stages of the project and was authorized by Ordinance No. 1872-2025, and approved by City Council on July 28, 2025.
Modification No. 3 (current) will provide funding for demolition services of the old Columbus Municipal Courthouse located at 410 S. High St., Columbus, OH 43215. It will also modify Article 3 of the original Masters Service Agreement (MSA), add contracting definitions, and add the executed Community Benefit Agreement (CBA). The amount needed is $10,986,461.00. This is one of several planned modifications towards the project's guaranteed maximum price.
2. MODIFICATION INFO:
A. The amt of additional funds to be expended under this modification: $10,988,461.00
Original Contract Amount: $ 84,177.00 (PO482523)
Modification No. 1: $ 927,000.00 (PO495250)
Modification No. 2: $ 841,900.00 (PO526606)
Modification No. 3: $ 10,988,461.00
Grand Total $ 12,841,538.00
B. Why the need for additional goods or services could not be foreseen at the time the contract was initially awarded.
Modifications to the contract were foreseen and indicated in the original legislation under Ord. 1854-2023 as well as Modification No. 1 under Ord. 3302-2024, and Modification No. 2 under Ord. 1872-2025.
C. Why it would not be in the city’s best interests to have the additional contract requirements awarded through other procurement processes?
This is a large, complex, multi-phased, multi-year contract in which Smoot-Gilbane is responsible for full construction services. They will perform a competitive procurement process to obtain subcontractors necessary to fulfill the needs of the project. Piecemealing the process would not be feasible in terms of time, cost, and logistics.
D. How the price for the additional goods or services which are subject of the modification was determined.
Gilbane-Smoot provided a fee proposal and was accepted by the Office of Construction Management.
3. CONTRACT COMPLIANCE INFO: DAX No. 44027, expires 3/19/27
4. FUTURE MODIFICATION(S): There are 3 phases to this project:
Phase 1 - Site Development / Pre-Construction Services
Phase 2 - Building Core and Shell
Phase 3 - Interior Construction
Multiple modifications within each phase will be necessary depending on changes to the scope and/or availability of funds.
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 within the Construction Management Taxable Fund - Fund No. 7732 and Construction Management Capital Improvements Bond Fund - Fund No. 7733 for this expenditure, however, an amendment to the 2025 Capital Improvements Budget will be necessary.
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 Gilbane-Smoot; for the New Municipal Court Building project; to authorize an expenditure up to $10,988,461.00 within the Construction Management Taxable Fund and the Construction Management Capital Improvements Bond Fund; to provide for payment of prevailing wage services to the Department of Public Service; to amend the 2025 Capital Improvements Budget; and to declare an emergency. ($10,988,461.00)
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 Gilbane-Smoot for the New Municipal Court Building project, under Contract No. PO482523, authorized by Ordinance No. 1854-2023, and approved by City Council on July 10, 2023; and
WHEREAS, Modification No. 1 under Contract No. PO495250 was authorized by Ordinance No. 3302-2024, and approved by City Council on December 9, 2024, to continue Phase 1 services, Site Development / Pre-Construction Services for the project; and
WHEREAS, Modification No. 2 under PO526606 was authorized by Ordinance No. 1872-2025, and approved by City Council on July 28, 2025, for the design details and construction document stages of the project; and
WHEREAS, Modification No. 3 (current) is needed for demolition services and updates to the Master Services Agreement for the New Columbus Municipal Courthouse project; and
WHEREAS, the scope and scale of this project entails ongoing modifications throughout the project; 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 Gilbane-Smoot, for the New Municipal Court Building project, in an amount up to $10,986,461.00; and
WHEREAS, it is necessary to authorize the Director of the Department of Finance and Management to encumber and expend funds up to $2,000.00 to provide for payment of prevailing wage services associated with said project; and
WHEREAS, it is necessary to authorize an expenditure up to $10,988,461.00 within the Construction Management Taxable Fund and the Construction Management Capital Improvements Bond Fund; 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 Gilbane-Smoot, for the New Municipal Court Building project, in an emergency manner in order to maintain the current schedule and minimize project delays; all for the immediate preservation of the public health, peace, property, safety and welfare; 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 Gilbane-Smoot, for the New Municipal Court Building project, in an amount up to $10,986,461.00, and to obtain the necessary prevailing wage services from the Department of Public Service and to pay up to a maximum amount of $2,000.00.
SECTION 2. That an expenditure up to $10,988,461.00, or so much thereof as may be needed, is hereby authorized in the Construction Management Taxable Fund - Fund No. 7732 and Construction Management Capital Improvements Bond Fund - Fund No. 7733, per the accounting codes in the attachment to this ordinance.
SECTION 3. That the 2025 Capital Improvements Budget is hereby amended, in the Construction Management Taxable Fund - Fund No. 7732 and Construction Management Capital Improvements Bond Fund - Fund No. 7733, per the accounting codes in the attachment to this ordinance.
SECTION 4. 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 5. 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 6. That the City Auditor is authorized to establish proper project accounting numbers as appropriate.
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 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.