Explanation
1. BACKGROUND
This ordinance authorizes the Director of Public Service to modify a professional services contract with ms consultants, inc. to add additional funds for design of the Roadway - Gender Road - Winchester Pike to Brice Road project.
The City of Columbus, Department of Public Service, in engaged in a study to develop a plan for improvements to the Gender Road corridor from Winchester Pike to Brice Road and a portion of Brice Road between Gender Road and Chantry Drive to meet the terminus of the I-70 Far East Freeway project. The project includes transportation and traffic research, traffic analysis, and a feasibility study to result in a program of fundable transportation infrastructure projects to improve safety, implement complete street improvements, and accommodate future development.
Ordinance 0064-2022 authorized the Director of Public Service to enter into a professional services contract with ms consultants, inc. for the Roadway - Gender Road - Winchester Pike to Brice Road project. This ordinance authorizes the Director of Public Service to modify the contract in the amount of $100,000.00.
1.1 Amount of additional funds to be expended: $100,000.00
The original contract amount: $350,000.00 (PO311328, Ord. 0064-2022)
The total of Modification No. 1: $100,000.00 (This Ordinance)
The contract amount including all modifications: $450,000.00
1.2 Reasons additional goods/services could not be foreseen:
The original contract was to complete a feasibility study. After working through the feasibility study it was determined this project would make a good MORPC grant funding application and additional work would need to be done. This modification will allow for the additional work needed in order to complete the MORPC grant screening application and funding application.
1.3 Reason other procurement processes are not used:
The consultant has already begun work on the application in conjunction with other tasks. It was decided that it is in the best interest of the City to modify the existing contract instead of bidding this 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.
Searches in the System for Award Management (Federal) and the Findings for Recovery list (State) produced no findings against ms consultants, inc.
2. CONTRACT COMPLIANCE
The contract compliance number for ms consultants, inc. is CC006998 and expires 12/28/2023.
3. FISCAL IMPACT
Funding in the amount of $100,000.00 is available and appropriated within the Streets and Highways Bond Fund within the Department of Public Service. An amendment to the 2023 Capital Improvements Budget and a transfer of funds are necessary to align funding for these project expenditures.
4. MINORITY AND WOMAN OWNED BUSINESS ENTERPRISE & SMALL LOCAL BUSINESS ENTERPRISE PROGRAM
This expenditure is to modify a contract that was put in place prior to the implementation of the Minority and Woman Owned Business Enterprise & Small Local Business Enterprise program and as such is not a part of the program.
5. EMERGENCY DESIGNATION
Emergency action is requested to meet the submittal deadlines for the MORPC grant funding application.
Title
To amend the 2023 Capital Improvement Budget; to authorize the transfer of funds within the Streets and Highways Bond Fund; to authorize the Director of Public Service to enter into a contract modification with ms consultants, inc. in connection with the Roadway - Gender Road - Winchester Pike to Brice Road project; to authorize the expenditure of up to $100,000.00 from the Streets and Highways Bond Fund for the project; and to declare an emergency. ($100,000.00)
Body
WHEREAS, contract no. PO311328 with ms consultants, inc., in the amount of $350,000.00, was authorized by ordinance no. 0064-2022; and
WHEREAS, it has become necessary to modify the contract in an amount up to $100,000.00 and provide additional funds for the Roadway - Gender Road - Winchester Pike to Brice Road project; and
WHEREAS, it is necessary to amend the 2023 Capital Improvement Budget and transfer cash to provide funding for project expenditures; and
WHEREAS, it is necessary to expend funds relative to the project; and
WHEREAS, this expenditure is to modify a contract that was put in place prior to the implementation of the Minority and Woman Owned Business Enterprise & Small Local Business Enterprise Program and as such is not a part of the program; 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 to enter into a contract modification with ms consultants, inc. to meet the application deadlines for the MORPC grant funding, to preserve the safety of the traveling public, 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 2023 Capital Improvements Budget authorized by Ordinance 1711-2023 be amended to establish sufficient authority for this project:
Fund / Project / Project Name / C.I.B. / Change / C.I.B. as Amended
7704 / P440104-100040 / Miscellaneous Developments- Vision Zero Action Plan Implementation (Voted Carryover) / $550,000.00 / ($100,000.00) / $450,000.00
7704 / P531058-100000 / Roadway - Gender Rd - Winchester Pike to Brice Rd (Voted Carryover) / $0.00 / $100,000.00 / $100,000.00
SECTION 2. That the transfer of $100,000.00, 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 P440104-100040 (Miscellaneous Developments- Vision Zero Action Plan Implementation), Object Class 06 (Capital Outlay) to Dept-Div 5913 (Traffic Management), Project P531058-100000 (Roadway - Gender Rd - Winchester Pike to Brice Rd), Object Class 06 (Capital Outlay) between projects per the account codes in the attachment to this ordinance.
SECTION 3. That the Director of Public Service be, and hereby is, authorized to enter into a contract modification with ms consultants, inc. at 2221 Schrock Road, Columbus, OH 43229, for the Roadway - Gender Road - Winchester Pike to Brice Road project in the amount of $100,000.00, 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 $100,000.00, or so much thereof as may be needed, is hereby authorized in Fund 7704 (Streets and Highways Bond Fund), Dept-Div 5913 (Traffic Management), Project P531058-100000 (Roadway - Gender Rd - Winchester Pike to Brice Rd), in Object Class 06 (Capital Outlay) per the accounting codes in the attachment to this ordinance.
SECTION 5. 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 6. 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 7. 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 8. 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.