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File #: 3019-2013    Version: 1
Type: Ordinance Status: Passed
File created: 12/11/2013 In control: Public Utilities Committee
On agenda: 1/27/2014 Final action: 1/29/2014
Title: To authorize the Director of Public Utilities to modify the professional engineering services agreement with Korda/Nemeth Engineering, Inc. for the Smith Road Sidewalk & Resurfacing Project; to amend the 2013 Capital Improvements Budget; and to authorize a transfer and expenditure up to $37,565.00 within the Streets & Highway G.O. Bonds Fund. ($37,565.00)
 
Explanation
1. BACKGROUND:  The Department of Public Utilities, Division of Sewerage and Drainage, Stormwater Section entered into a professional engineering agreement with Korda/Nemeth Engineering, Inc. for the Marion Road Area Neighborhood Project No. 2, in accordance with Ordinance No. 1138-2012, passed June 25, 2012.
A modification to this agreement was prepared by the Division of Water in order to include design of a water line replacement on Smith Road between Lockbourne Road and Fairwood Avenue, Ordinance No. 0295-2013, passed March 4, 2013.
A second modification to this agreement was requested by the Department of Public Service to include design of sidewalks and resurfacing on Smith Road between Fairwood Avenue and Lockbourne Road, Ordinance No. 1489-2013, passed July 22, 2013.
The Department of Public Service is requesting to modify this contract to include preparation of easement descriptions and right-of-way plans associated with the sidewalk design along Smith Road between Fairwood Avenue and Lockbourne. The funding for this portion of the work will be funded with UIRF monies.  The UIRF Project was approved by City Council on March 18, 2013.
The work proposed by this contract modification overlaps with the stormwater and water improvements.  By combining the work into one project, the professional design services are more economical, and the disruption to the community will be minimized by having all work done under one construction contract.
2. ORIGINAL ENGINEERING CONTRACT AWARD:  Korda/Nemeth Engineering, Inc. was selected in accordance with the procedures set forth in Columbus City Code, Section 329.14, "Awarding professional service contracts through Requests for Proposals".  Three Requests for Proposals (RFP's) were received and opened on February 24, 2012 from firms having the experience necessary to complete the project: Korda/Nemeth Engineering, Inc., MS Consultants, Inc., and Hockaden & Associates.  
 
Upon review of the technical proposals, the bidders were ranked using criteria specified in City Code, and more specifically: proposal quality, competence to perform required work, project schedule, and local workforce.  Based upon these criteria, Korda/Nemeth Engineering, Inc. was selected as the highest-ranked bidder and chosen for this project.  
 
The Contract Compliance Number for Korda/Nemeth Engineering, Inc. is 31-0922991 (expires 7/6/13 MAJ).  Additional information regarding each bidder, description of work, contract time frame and detailed amounts can be found on the attached Information form.
Searches in the Excluded Party List System (Federal) and the Findings for Recovery list (State) produced no findings against Korda/Nemeth Engineering, Inc.
2.1 Amount of additional funds to be expended:  $54,264.00
Original Contract Amount:        $105,695.00  (EL013486)
Modification #1:      $  29,304.00  (EL014206)
Modification #2       $  54,264.00  (EL014849)
Modification #3 (current):                                                   $  37,565.00     
Amount of original contract and Mod #1:      $226,828.00
2.2 Reasons additional goods/services could not be foreseen:   
Contract modifications were not anticipated in the original contract.  The Department of Public Service requested participation in the Division of Sewerage and Drainage's project when planning coordination revealed that both departments need to construct improvements on Smith Road.
 
2.3 Reason other procurement processes are not used:  
The work proposed by this contract modification overlaps with the previously legislated stormwater and water improvements.  By combining the work into one project, the professional design services are more economical.  The disruption to the community will be minimized by having all work done under one construction contract.
2.4 How cost of modification was determined:
A cost proposal was provided by Korda/Nemeth Engineering, Inc., reviewed by the Department of Public Service, and was deemed acceptable.
3. ECONOMIC IMPACT/ADVANTAGES; COMMUNITY OUTREACH; PROJECT DEVELOPMENT; ENVIRONMENTAL FACTORS/ADVANTAGES OF PROJECT:  This project will reduce cost by reducing system leakage.  The Neighborhood Liaison(s) will be contacted and informed of this project during the construction phase.  Further community outreach may result through the Neighborhood Liaison Program.
4. FISCAL IMPACT:  A transfer of funds within the Streets & Highway G.O. Bonds Fund will be necessary as well as an amendment to the 2013 Capital Improvements Budget.
Title
To authorize the Director of Public Utilities to modify the professional engineering services agreement with Korda/Nemeth Engineering, Inc. for the Smith Road Sidewalk & Resurfacing Project; to amend the 2013 Capital Improvements Budget; and to authorize a transfer and expenditure up to $37,565.00 within the Streets & Highway G.O. Bonds Fund. ($37,565.00)
 
Body
WHEREAS, Contract No. EL013486 was authorized by Ordinance No. 1138-2012, passed June 25, 2012, was executed on August 16, 2012, and was approved by the City Attorney on August 21, 2012, with Korda/Nemeth Engineering, Inc. for the Marion Road Area Neighborhood Project No. 2, for the Division of Sewerage and Drainage, Stormwater Section; and
WHEREAS, Modification No. 1 was authorized by Ordinance No. 0295-2013, passed March 4, 2013, was executed on April 4, 2013, and approved by the City Attorney on April 10, 2013 with Korda/Nemeth Engineering, Inc. to include additional design services for a water line replacement in Smith Road between Lockbourne Road and Fairwood Avenue, for the Division of Water; and
WHEREAS, Modification No. 2 was authorized by Ordinance No. 1489-2013, passed July 22, 2013, was executed on September 9, 2013, and approved by the City Attorney on October 2, 2013 with Korda/Nemeth Engineering, Inc. to include design of additional sidewalks and resurfacing in Smith Road between Lockbourne Road and Fairwood Avenue, for the Division of Water; and
WHEREAS, it is necessary to authorize the Director of the Department of Public Utilities to execute a third contract modification for the preparation of easement descriptions and right-of-way plans associated with the sidewalk design along Smith Road between Fairwood Avenue and Lockbourne with Korda/Nemeth Engineering, Inc.; and  
 
WHEREAS, it is necessary for this Council to authorize the transfer and expenditure of funds within the Streets & Highway G.O. Bonds Fund; and
WHEREAS, it is necessary to authorize an amendment to the 2013 Capital Improvements Budget for purposes of providing sufficient funding and expenditure authority for the aforementioned project expenditure; and
WHEREAS, it has become necessary in the usual daily operation of the Department of Public Utilities, to authorize the Director of Public Utilities to modify and increase the Division of Sewerage and Drainage's professional engineering services agreement with Korda/Nemeth Engineering, Inc. for the Smith Rd. Sidewalk & Resurfacing Project, for the 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 Director of Public Utilities is hereby authorized and directed to modify and increase the professional engineering services contract with Korda/Nemeth Engineering, Inc. for the Smith Road Sidewalk & Resurfacing Project, for the Department of Public Service, in the amount of $37,565.00.
SECTION 2.  That this contract modification is in compliance with Section 329.16 of Columbus City Codes, 1959.
SECTION 3.  That the City Auditor is hereby authorized to transfer $37,565.00 within the Department of Development, Dept/Div. No. 44-01, Fund No. 704, Streets & Highway G.O. Bonds Fund, Object Level Three 6631, as follows:
Fund No. | Project No. | Project Name | OCA Code | Change
704 | 440005-100001 | Urban Infra.-18th, 20, St Clair Corridor | 744501 | -$37,565.00
704 | 440005-100020 | UIRF - Smith Rd. Sidewalk & Resurfacing | 740520 | +$37,565.00
SECTION 4.  That the 2013 Capital Improvements Budget is hereby amended as follows:
Fund No. | Proj. No. | Proj. Name | Current Authority | Revised Authority | Change
704 | 440005-100001 | Urban Infra.-18th, 20, St Clair Corridor (Carryover) | $58,714.92 | $21,149.92 | -$37,565.00
704 | 440005-100020 | UIRF - Smith Rd. Sidewalk & Resurfacing (Carryover) |  $54,264 | $91,829 | +$37,565
SECTION 5.  That an expenditure up to $37,565.00 is hereby authorized for the Smith Road Sidewalk & Resurfacing Project within the Streets & Highway G.O. Bonds Fund, Fund No. 704, Division 44-01, Project No. 440005-100020, OCA Code 740520, Object Level Three 6631.
SECTION 6.  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 7.  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 8.  That the City Auditor is authorized to establish proper project accounting numbers as appropriate.
 
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 this Ordinance shall take effect and be in force from and after the earliest period allowed by law.
 
Korda/Nemeth Engineering, Inc.
1650 Watermark Drive, Suite 200
Columbus, Ohio  43215
John W. Panovsky, PE, Partner
(614) 487-1650