Explanation
1. BACKGROUND
This ordinance authorizes the Director of Public Service to modify a professional services contract with EMH&T (Evans, Mechwart, Hambleton & Tilton, Inc.) to add additional funds for design of the Roadway - Livingston Avenue - 18th Street to Nelson project.
Ordinance 1482-2023 authorized the Director of Public Service to enter into a professional services contract with EMH&T (Evans, Mechwart, Hambleton & Tilton, Inc.) to provide the City of Columbus design improvements to the Livingston Avenue corridor from 18th Street to Nelson Road. A safety study was initiated by the City that included public engagement with a steering committee made up of community members. The resulting recommendation is to perform a lane reallocation to reduce the travel lanes and provide improvements that will increase safety for all users. This ordinance authorizes the Director of Public Service to modify the contract in the amount of $1,380,000.00.
Ordinance 2862-2022 authorized the Director of Public Service to formally apply for a Safe Streets and Road for All Grant for the Livingston Avenue corridor between 18th Street and Nelson Road. The City was successful and received an award of $12,000,000.00 to complete the construction portion of the project. The award stipulates that the project must be completed five years from the time the grant agreement is executed. In order to meet this timeline, design of the project must be expedited, necessitating the need for an emergency legislation request.
1.1 Amount of additional funds to be expended: $1,380,000.00
The original contract amount: $1,700,000.00 (PO391330, Ord. 1482-2023)
The total of Modification No. 1: $1,380,000.00 (This Ordinance)
The contract amount including all modifications: $3,080,000.00
1.2 Reasons additional goods/services could not be foreseen:
The project has been expedited to meet the schedule requirements of the Safe Street for All (SS4A) grant from FHWA. The total cost, and timing of those funds, for the design effort were unknown at the time the 2024 capital improvement budget was prepared. The funds are needed now to continue the design process in a manner to fulfill the schedule obligations of the SS4A grant.
1.3 Reason other procurement processes are not used:
The detailed design is integral with the previous work performed on the contract and timely completion is required in order to maintain the schedule for leveraged grant funding. Bidding out the work would require more time than is available and increase costs.
1.4 How cost of modification was determined:
The hours required for these tasks were deemed fair and reasonable when compared to other projects of similar scope and complexity.
Searches in the System for Award Management (Federal) and the Findings for Recovery list (State) produced no findings against EMH&T (Evans, Mechwart, Hambleton & Tilton, Inc.).
2. CONTRACT COMPLIANCE
The contract compliance number for EMH&T (Evans, Mechwart, Hambleton & Tilton, Inc.). is CC004214 and expires 11/08/25.
3. FISCAL IMPACT
Funding in the amount of $1,200,000.00 is available within the Streets and Highways Bond Fund within the Department of Public Service. An amendment to the 2024 Capital Improvements Budget and a transfer of funds and appropriation are necessary to align funding for these project expenditures.
Funding in the amount of $180,000.00 is available within the Water Bond Fund, Fund 6006. It will be necessary to amend the 2024 Capital Improvements Budget to align budget authority with the proper project. The funds are appropriated.
4. MINORITY AND WOMAN OWNED BUSINESS ENTERPRISE & SMALL LOCAL BUSINESS ENTERPRISE PROGRAM
This contract was bid with a City of Columbus MBE/WBE Program goal of 15% as assigned by the City’s Office of Diversity and Inclusion (ODI). Failure by the contractor to meet this goal subjects the contractor to the Penalties for Non-Compliance as described in the “City’s Minority and Women-Owned Business Enterprise & Small Local Business Enterprise Program Manual” and in the “City of Columbus MBE/WBE Program Special Provision” that were part of the bid documents for this contract.
5. EMERGENCY DESIGNATION
Emergency action is requested to complete the project in a timely manner to prevent delays in the project schedule and meet deadlines for leveraged grant funding from the Federal Highway Administration (FHWA) and to preserve the safety of the traveling public.
Title
To amend the 2024 Capital Improvement Budget; to authorize the transfer of funds and appropriation within the Streets and Highways Bond Fund; to authorize the Director of the Department of Public Service to enter into a contract modification with EMH&T in connection with the Roadway - Livingston Avenue - 18th Street to Nelson project; to authorize an expenditure from the Streets and Highways Bond Fund and the Water Bond Fund; and to declare an emergency. ($1,380,000.00)
Body
WHEREAS, contract no. PO391330 with EMH&T (Evans, Mechwart, Hambleton & Tilton, Inc.), in the amount of $1,700,000.00, was authorized by ordinance no. 1482-2023; and
WHEREAS, it has become necessary to modify the contract in an amount up to $1,380,000.00 and provide additional funds for the Roadway - Livingston Avenue - 18th Street to Nelson project; and
WHEREAS, it is necessary to amend the 2024 Capital Improvement Budget and transfer cash and appropriation to provide funding for project expenditures; and
WHEREAS, it is necessary to authorize a transfer of funds and appropriation within Fund 7704, the Streets and Highways Bond Fund, to establish sufficient cash to pay for the project; and
WHEREAS, it is necessary to authorize the expenditure of funds from the Streets and Highways Bond Fund and Water Bond Fund for this contract modification; and
WHEREAS, this contract opportunity was submitted to the City’s Office of Diversity and Inclusion (ODI) for review and assignment of an MBE/WBE goal prior to bidding; and
WHEREAS, this contract was bid with a City of Columbus MBE/WBE Program goal of 15% as assigned by the City’s Office of Diversity and Inclusion (ODI); and
WHEREAS, failure by the contractor to meet this goal subjects the contractor to the Penalties for Non-Compliance; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Service in that it is immediately necessary to enter into a contract modification with EMH&T to prevent delays in the project schedule, to preserve the safety of the traveling public thereby preserving the public health, peace, property, and safety; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the 2024 Capital Improvements Budget authorized by Ordinance 1907-2024 be amended to establish sufficient authority for this project:
Fund / Project / Project Name / C.I.B. / Change / C.I.B. as Amended
7704 / P540002-100105 / Bikeway Development - Tussing Road SUP Brice Rd to Hines Rd. (Voted Carryover) / $3,200,000.00 / ($1,200,000.00) / $2,000,000.00
6006 / P690236-100000 / Water Main Rehabilitation (Voted Water Carryover) / $1,963,309.00 / ($180,000.00) / $1,783,309.00
7704 / P531079-100000 / Roadway - Livingston Avenue - 18th Street to Nelson (Voted Carryover) / $0.00 / $1,200,000.00 / $1,200,000.00
6006 / P690236-100181 / E. Livingston Ave 16-Inch Water Main Improvements (Voted Water Carryover) / $0.00 / $180,000.00 / $180,000.00
SECTION 2. That the transfer of $1,200,000.00, or so much thereof as may be needed, is hereby authorized within Fund 7704 (Streets and Highways Bond Fund), from Dept-Div 5911 (Infrastructure Management), Project P540002-100105 (Bikeway Development - Tussing Road SUP Brice Rd to Hines Rd), Object Class 06 (Capital Outlay) to Dept-Div 5912 (Design and Construction), Project P531079-100000 (Roadway - Livingston Avenue - 18th Street to Nelson), Object Class 06 (Capital Outlay) between projects per the account codes in the attachment to this ordinance.
SECTION 3. That the Director of the Department of Public Service be, and hereby is, authorized to enter into a contract modification with EMH&T (Evans, Mechwart, Hambleton & Tilton, Inc.), 5500 New Albany Road Columbus, OH 43054, for the Roadway - Livingston Avenue - 18th Street to Nelson project in the amount of $1,380,000.00, or so much thereof as may be needed, in accordance with the plans and specifications on file in the Department of Public Service, which are hereby approved.
SECTION 4. That the expenditure of $1,200,000.00, 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), Project P531079-100000 (Roadway - Livingston Avenue - 18th Street to Nelson), in Object Class 06 (Capital Outlay) per the accounting codes in the attachment to this ordinance.
SECTION 5. That the expenditure of $180,000.00, or so much thereof as may be needed, is hereby authorized in Fund 6006 (Water Bond Fund), Dept-Div 6009 (Water), Project P690236-100181 (E. Livingston Ave 16-Inch Water Main Improvements), Object Class 06 (Capital Outlay) per the account codes in the attachment to this ordinance.
SECTION 6. 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 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 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.