Explanation
1. BACKGROUND
This ordinance authorizes the Director of Public Service to modify a professional services contract with Gannett Fleming Engineers & Architects, P.C. (Gannett) in the amount of up to $562,735.57 for the Bridge Rehabilitation - Front Street and Nationwide Boulevard project.
Ordinance 0824-2023 authorized the Director of Public Service to enter into a professional services contract with Gannett for the Bridge Rehabilitation - Front Street and Nationwide Boulevard project in an amount up to $520,781.96. The intent of this project is to provide the City of Columbus, Department of Public Service, additional resources for design services to rehabilitate the Front Street and Nationwide Boulevard bridges over the railroad tunnel in downtown. The project will include deck replacements, conversion of the bridge abutments to semi-integral, painting of the superstructures, approach slab replacements, and joint replacements.
1.1 Amount of additional funds to be expended: $562,735.57
The original contract amount: $520,781.96 (PO382727, Ord. 0824-2023)
The total of Modification No. 1: $562,735.57 (This Ordinance)
The contract amount including all modifications: $1,083,517.53
1.2 Reasons additional goods/services could not be foreseen:
The modification was anticipated because the first task on the contract only included the study. The study produced critical information that informed the scope of the design task covered in this modification.
1.3 Reason other procurement processes are not used:
It was deemed to be more cost efficient to modify the existing contract to have the company familiar with the project complete the design work rather than to bid the remaining part of the work.
1.4 How cost of modification was determined:
The cost of this contract modification is consistent with the direct labor, overhead, and profit rates established within the original proposal/contract. The dollar amount for this modification was negotiated between the vendors and the City through multiple rounds of fee proposals, meetings, and negotiations. These fee proposals were evaluated by in-house experience of acceptable bridge engineering design effort quantities and partially by referencing ODOT standard hours for individual bridge design engineering tasks where applicable.
2. CONTRACT COMPLIANCE
Gannett Fleming Engineers & Architects, P.C.’s contract compliance number is CC001829 and expires 12/28/2025.
3. FISCAL IMPACT
Funding for this contract is available and appropriated within Fund 7704, the Streets and Highways Bond Fund. An amendment to the 2023 Capital Improvement Budget is required to establish sufficient budget authority for the project.
4. MINORITY AND WOMAN OWNED BUSINESS ENTERPRISE & SMALL LOCAL BUSINESS ENTERPRISE PROGRAM
This contract was bid with an anticipated 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 expedite this contract to proceed with the rehabilitation, to ensure the safety of the traveling public.
Title
To amend the 2023 Capital Improvement Budget; to authorize the Director of the Department of Public Service to modify a professional services contract with Gannett Fleming Engineers & Architects, P.C. for the Bridge Rehabilitation - Front Street and Nationwide Blvd project; to authorize the expenditure of up to $562,735.57 from the Streets and Highways Bond Fund to pay for this contract; and to declare an emergency. ($562,735.57)
Body
WHEREAS, there is a need to modify this contract to provide for the rehabilitation of the Front Street and Nationwide Boulevard bridges over the railroad tunnel in downtown.; and
WHEREAS, it is necessary to modify the contract with Gannett Fleming Engineers & Architects, P.C. for the provision of professional engineering consulting services described above in the amount of up to $562,735.57; and
WHEREAS, it is necessary to authorize an amendment to the 2023 Capital Improvement Budget for the purpose of providing sufficient spending authority for the aforementioned project expenditure; 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 authorize the Director of the Department of Public Service to modify a contract with Gannett Fleming Engineers & Architects, P.C. in order to provide funding for the Bridge Rehabilitation - Front Street and Nationwide Blvd so that the rehabilitation may proceed without delay, to ensure the safety of the travelling public, for the immediate preservation of the public health, peace, property, and safety; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the 2023 Capital Improvements Budget authorized by ordinance 1711-2023 be amended as follows to establish sufficient authority for this project:
Fund / Project / Project Name / C.I.B. / Change / C.I.B. as Amended
7704 / P530301-100080 / Bridge Rehabilitation - Misc. ROW Fund for Bridge Projects 2024 (Voted Carryover) / $283,579.00 / ($233,579.00) / $50,000.00
7704 / P530301-992023 / Bridge Rehabilitation - Annual Citywide Contract (2023) (Voted 2019 SIT Supported) / $2,037,881.00 / ($329,156.00) / $1,708,725.00
7704 / P530301-260755 / Bridge Rehabilitation - Front St and Nationwide Blvd over RR Tunnel (Voted Carryover) / $560,782.00 / $233,579.00 / $794,361.00
7704 / P530301-260755 / Bridge Rehabilitation - Front St and Nationwide Blvd over RR Tunnel (Voted 2019 SIT Supported) / $0.00 / $329,156.00 / $329,156.00
SECTION 2. That the Director of the Department of Public Service be, and hereby is, authorized to enter into a professional services contract with Gannett Fleming Engineers & Architects, P.C. at 2500 Corporate Exchange Dr., Suite 230, Columbus, OH 43231, for the Bridge Rehabilitation - Front Street and Nationwide Blvd project in an amount up to $562,735.57.
SECTION 3. That the expenditure of $562,735.57, or so much thereof as may be needed, is hereby authorized in Fund 7704 (Streets and Highways Bond Fund), Dept-Div 5911 (Infrastructure Management), Project P530301-260755 (Bridge Rehabilitation - Front St and Nationwide Blvd over RR Tunnel), Object Class 06 (Capital Outlay) per the accounting codes in the attachment to this ordinance.
SECTION 4. 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 5. 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 6. 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 7. 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.