Explanation
1. BACKGROUND
This ordinance authorizes the Director of Public Service to enter into contract with M. P. DORY CO. for the Vision Zero - East Broad Demonstration project and to provide payment for construction, construction administration and inspection services.
This contract includes modifying the existing curb line parking lanes on E Broad Street to provide protected bike lanes with the same area and adjust traffic controls and pavement markings to coordinate with the bike lane installation, and other work as may be necessary to complete the contract in accordance with the plans and specifications set forth in the Bid Submittal Documents.
Ordinance 1918-2023 authorized the Director of Public Service, on behalf of the City of Columbus, to submit applications to and execute grant agreements with the United States Department of Transportation (USDOT) relative to the Safe Streets for All (SS4A) program, accept and expend awarded grant funds, and issue refunds, if necessary, for the Vision Zero - East Broad Demonstration project.
The estimated Notice to Proceed date is August 29, 2024. The project was let by the Office of Support Services through Vendor Services and Bid Express. Two bids were received on July 9, 2024, (both majority) and tabulated as follows:
Company Name Bid Amount City/State Majority/ODI Certification
M. P. DORY CO. $919,465.75 Columbus, OH Majority
Complete General Construction $1,299,308.01 Columbus, OH Majority
Award is to be made to M. P. DORY CO. as the lowest responsive and responsible and best bidder for their bid of $919,465.75. The amount of construction administration and inspection services will be $91,946.58. The total legislated amount is $1,011,412.33.
Searches in the System for Award Management (Federal) and the Findings for Recovery list (State) produced no findings against M. P. DORY CO.
The certification of M. P. DORY CO. and all associated subcontractors was in good standing at the time the bid was awarded.
As part of their bid M. P. DORY CO. has proposed the following subcontractors to work on the project:
Company Name City/State Majority/ODI Certification
Griffin Pavement Striping, LLC Columbus, Ohio MAJ
2. CONTRACT COMPLIANCE INFORMATION
The contract compliance number for M. P. DORY CO. is CC004709 and expires 10/3/25.
3. PRE-QUALIFICATION STATUS
M. P. DORY CO. and all proposed subcontractors have met code requirements with respect to pre-qualification, pursuant to relevant sections of Columbus City Code Chapter 329.
4. FISCAL IMPACT
A portion of this project is a reimbursable budgeted expense of $375,000.00 within the Federal Transportation Grant Fund, Fund 7765, Grant #G592407 (SS4A FY23 Demonstration Projects). Funds need to be appropriated.
The remaining balance of $636,412.33 is available and appropriated within the Streets and Highways Bond Fund, Fund 7704.
5. MINORITY AND WOMAN OWNED BUSINESS ENTERPRISE & SMALL LOCAL BUSINESS ENTERPRISE PROGRAM
The Department of Public Service requested the City’s Office of Diversity and Inclusion (ODI) waive the requirements of the City’s MBE/WBE Program for this contract due to the specific needs of the project. After reviewing the request and the work to be performed, ODI waived the requirements of the Program. This contract was not bid with a City of Columbus MBE/WBE Program goal and the requirements of the City’s MBE/WBE Program are not applicable to this contract.
6. EMERGENCY DESIGNATION
Emergency action is requested in order to complete needed improvements at the earliest possible time and meet the requirements of the close out date for the Safe Streets for All Program funding award to avoid penalty and to ensure the safety of the traveling public.
Title
To authorize the transfer of funds within the Streets and Highways Bond Fund; to appropriate funds within the Federal Transportation Grants Fund; to authorize the Director of Public Service to enter into contract with M. P. DORY CO. for the Vision Zero - East Broad Demonstration project; to authorize the expenditure of up to $1,011,412.33 from the Streets and Highways Bond Fund and the Federal Transportation Grants Fund for the project; to repay any unused grant funds at the end of the grant period; and to declare an emergency. ($1,011,412.33)
Body
WHEREAS, the Department of Public Service is engaged in the Vision Zero - East Broad Demonstration project; and
WHEREAS, the work for this project includes modifying the existing curb line parking lanes on E Broad Street to provide protected bike lanes with the same area and adjust traffic controls and pavement markings to coordinate with the bike lane installation; and other work as may be necessary to complete the contract in accordance with the plans and specifications set forth in the Bid Submittal Documents; and
WHEREAS, M. P. DORY CO. will be awarded the contract for the Vision Zero - East Broad Demonstration project; and
WHEREAS, the Department of Public Service requires funding to be available for the Vision Zero - East Broad Demonstration project for construction expense along with construction administration and inspection services; and
WHEREAS, Federal Transportation grant funds will be used to pay for a portion of this project; and
WHEREAS, it is necessary for Council to authorize a transfer of funds within Fund 7704, the Streets and Highways Bond Fund, to establish sufficient cash to pay for the project; and
WHEREAS, it is necessary for Council to authorize an expenditure of funds within Fund 7704, the Streets and Highways Bond Fund, to pay for the project; and
WHEREAS, funds must be appropriated within the Federal Transportation Grants Fund; and
WHEREAS, ODI determined there was not an opportunity for MBE/WBE participation in this contract and did not assign a goal and the requirements of the program are not applicable to this contract.
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Service in that it is immediately necessary to authorize the Director to enter into contract with M. P. DORY CO. to ensure the safety of the traveling public and to complete needed improvements at the earliest possible time and meet the requirements of the close out date for the Safe Streets for All Program funding award to avoid penalty, all 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 transfer of $350,000.00, or so much thereof as may be needed, is hereby authorized within Fund 7704 (Streets and Highways Bond Fund), from Dept-Div 5913 (Traffic Management), Project P532001 - 100000 (Vision Zero - Tactical Urbanism - Traffic Calming), Object Class 06 (Capital Outlay) to Dept-Div 5912 (Design and Construction), Project P532000-100007 (Vision Zero - East Broad Demonstration), Object Class 06 (Capital Outlay) between projects per the account codes in the attachment to this ordinance.
SECTION 2. That the transfer of $286,412.33, or so much thereof as may be needed, is hereby authorized within Fund 7704 (Streets and Highways Bond Fund), from Dept-Div 5912 (Design and Construction), Project P440104 - 100040 (Miscellaneous Developments- Vision Zero Action Plan Implementation), Object Class 06 (Capital Outlay) to Dept-Div 5912 (Design and Construction), Project P532000-100007 (Vision Zero - East Broad Demonstration), Object Class 06 (Capital Outlay) between projects per the account codes in the attachment to this ordinance.
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 ended December 31, 2024, the sum of $375,000.00 is appropriated in Fund 7765 (Federal Transportation Grant Fund), Dept-Div 5912 (Design and Construction), Project G592407 (SS4A FY23 Demonstration Projects), in Object Class 06 (Capital Outlay) per the account codes in the attachment to this ordinance.
SECTION 4. That the Director of Public Service be and is hereby authorized to enter into a construction services contract with M. P. DORY CO., 2001 Integrity Drive S, Columbus, Ohio 432096, for the Vision Zero - East Broad Demonstration project in the amount of up to $919,465.75 in accordance with the specifications and plans on file in the Office of Support Services, which are hereby approved; and to pay for necessary construction administration and inspection costs associated with the project up to a maximum of $91,946.58.
SECTION 5. That the expenditure of $636,412.33, or so much thereof as may be needed, is hereby authorized in Fund 7704 (Streets and Highways Bond Fund), Dept-Div 5912 (Design and Construction), P532000-100007 (Vision Zero - East Broad Demonstration), in Object Class 06 (Capital Outlay) per the accounting codes in the attachment to this ordinance.
SECTION 6. That the expenditure of $375,000.00, or so much thereof as may be needed, is hereby authorized in Fund 7765 (Federal Transportation Grant Fund), Dept-Div 5912 (Design and Construction), Project G592407 (SS4A FY23 Demonstration Projects), in Object Class 06 (Capital Outlay) per the accounting codes in the attachment to this ordinance.
SECTION 7. 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 8. 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 9. 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 10. At the end of the grant period, any repayment of unencumbered balances required by the grantor is hereby authorized and any unused City match monies may be transferred back to the City fund from which they originated in accordance with all applicable grant agreements.
SECTION 11. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby 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.