Explanation
1. BACKGROUND
This ordinance authorizes the Director of Public Service to modify a professional services contract with Fishbeck, Thompson, Carr & Huber, Inc. (Fishbeck) to add additional funds for Intersection - Roberts Road at Frazell Road-Spindler Road project. This modification is to design the remaining detailed design and also for the expanded scope of the project to add walk to the Bridgestone Apartment Drive as requested by residents through the public involvement process.
Ordinance No. 0653-2023 authorized the Director of Public Service to enter into a $500,000.00 professional services contract with Fishbeck for the Intersection - Roberts Road at Frazell Road-Spindler Road project. This project consists of design improvements to reconfigure the intersections of Roberts Road with Frazell Road and Spindler Road into a double compact urban roundabout. Pedestrian and bikeway improvements are included through the Frazell Road and Spindler Road intersections and extended to the nearest intersection in each direction.
Ord. 1780-2023 authorized the Director of Public Service to submit ODOT Highway Safety Improvement Program project applications and to execute project agreements for awarded projects for the Department of Public Service for the Intersection - Roberts Road at Frazell Road-Spindler Road project.
This ordinance authorizes the Director of Public Service to modify the contract in the amount of $500,000.00 for additional design work for the remaining detailed design and also for the expanded scope of the project.
1.1 Amount of additional funds to be expended: $500,000.00
The original contract amount: $500,000.00 (PO384446, Ord. 0653-2023)
The total of Modification No. 1: $500,000.00 (This Ordinance)
The contract amount including all modifications: $1,000,000.00
1.2 Reasons additional goods/services could not be foreseen:
This modification is necessary for additional effort that was not anticipated from original contract scope that came from the public involvement process. Work includes designing the remaining detailed design and also for the expanded scope of the project to add walk to the Bridgestone Apartment Drive as requested by residents through the public involvement process.
1.3 Reason other procurement processes are not used:
The contract modification is needed to keep the project on schedule and meet project funding fiscal years. It would be redundant to have a separate contract to perform this work. Therefore, it was decided that it is in the best interest of the City to modify the existing contract to keep to the current consultant 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 Fishbeck.
2. CONTRACT COMPLIANCE
The contract compliance number for Fishbeck is CC011999 and expires 09/26/26.
3. FISCAL IMPACT
Funding for this contract is available and appropriated within Fund 7704, the Streets and Highways Bond
Fund. An amendment to the 2024 Capital Improvement Budget and a transfer of funds is required to establish sufficient budget authority for the project.
4. EMERGENCY DESIGNATION
Emergency action is requested in order to complete needed improvements at the earliest possible time and meet the requirements of the start date for the ODOT Highway Safety Improvement Program funding award to avoid penalty and to ensure the safety of the traveling public.
Title
To amend the 2024 Capital Improvement Budget; to authorize the transfer of funds within the Streets and Highways Bond Fund; to authorize the Director of the Department of Public Service to enter into a contract modification with Fishbeck in connection with the Intersection - Roberts Road at Frazell Road-Spindler Road project; to authorize the expenditure of up to $500,000.00 from the 7704, the Streets and Highways Bond Fund for the project; and to declare an emergency. ($500,000.00)
Body
WHEREAS, the City of Columbus is engaged in the Intersection - Roberts Road at Frazell Road-Spindler Road project; and
WHEREAS, contract no. PO384446 with Fishbeck, in the amount of $500,000.00, was authorized by ordinance no. Ord. 0653-2023; and
WHEREAS, it has become necessary to modify the contract in an amount up to $500,000.00 and provide additional funds for the Intersection - Roberts Road at Frazell Road-Spindler Road project; and
WHEREAS, it is necessary to authorize an amendment to the 2024 Capital Improvement Budget for the purpose of providing sufficient spending authority for the aforementioned project expenditure; and
WHEREAS, it is necessary to authorize a transfer of funds within Fund 7704 Streets and Highways Bond Fund, to establish sufficient cash to pay for the project; and
WHEREAS, it is necessary to authorize expenditure of funds relative to the modification of work for the project; 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 Fishbeck to prevent delays in the project schedule, to preserve the safety of the traveling public thereby preserving 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 2024 Capital Improvement Budget authorized by 1907-2024 be amended as follows to establish sufficient budget authority for the 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) / $1,780,035.00 / ($500,000.00) / $1,280,035.00
7704 / P538014-100000 / Intersection - Roberts Rd at Frazell Rd/Spindler Rd (Voted Carryover) / $0.00 / $500,000.00 / $500,000.00
SECTION 2. That the transfer of $500,000.00, 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) to Dept-Div 5912 (Design and Construction), Project P538014-100000 (Intersection - Roberts Rd at Frazell Rd/Spindler Rd), Object Class 06 (Capital Outlay) 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 Fishbeck, One East Campus View Boulevard, Suite 31, Columbus, Ohio 43235, for the Intersection - Roberts Road at Frazell Road-Spindler Road project in the amount of $500,000.00, 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 $500,000.00, 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 P538014-100000 (Intersection - Roberts Road at Frazell Road/Spindler Road), in Object Class 06 (Capital Outlay) per the accounting codes in the attachment to this ordinance.
SECTION 5. 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 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.