Explanation
1. BACKGROUND
This ordinance authorizes the Director of Public Service to modify a professional services contract with Burgess & Niple, Inc. to add additional funds for design of the Vision Zero - Neighborhood Slow Zones Near East project relative to the Safe Streets for All (SS4A) program.
Ordinance No. 3564-2024 authorized the Director of Public Service to enter into a professional services contract with Burgess & Niple, Inc. for the Vision Zero - Neighborhood Slow Zones Near East project. The intent of this project is to provide the City of Columbus, Department of Public Service, additional resources that are necessary to perform various professional engineering, survey, and technical expertise for the department to implement the Vision Zero - Neighborhood Slow Zones Near East Pilot, which includes general engineering and transportation planning services that will develop a Neighborhood Slow Zone plan for the specified project area to demonstrate the use of temporary materials and guide future efforts by the City of Columbus to implement neighborhood Slow Zones.
This ordinance authorizes the Director of Public Service to modify the contract in the amount of $81,350.55 for additional professional services for locations that were added to the project scope. Further, more detailed design is being requested by Public Service than what was originally scoped.
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 SS4A program, accept and expend awarded grant funds, and issue refunds, if necessary, for the Vision Zero - Neighborhood Slow Zones Near East Project.
1.1 Amount of additional funds to be expended: $81,350.55
The original contract amount: $250,000.00 (PO502136, Ord. 3564-2024)
The total of Modification No. 1 $81,350.55 (This Ordinance)
The contract amount including all modifications: $331,350.55
1.2 Reasons additional goods/services could not be foreseen:
This is a Safe Streets For All funded demonstration project where the Department is testing a new type of traffic calming that utilizes interventions that have not previously been used or have been used infrequently. Further, from comprehensive community engagement and study, it was found that more locations should be included than were previously scoped for. It was originally anticipated that standard drawings and plan notes could be used for the detailed design plans, however it was requested internally that more in-depth design be completed.
1.3 Reason other procurement processes are not used:
The consultant is under contract and currently working on designing the project. It would be redundant to have a separate contract to perform this work as the work is a continuation of services and support of work identified by them. The use of the consultants in the original contract eliminates disruptions to the progress of the Vision Zero Columbus initiative and the Safe Streets for All grant timeline requirements. Therefore, 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 modification was deemed reasonable based on what is expected for the scope of work and the accelerated design timeline and is inline with other projects of similar size and scope based on anticipated necessary effort to complete this portion of the project.
Searches in the System for Award Management (Federal) and the Findings for Recovery list (State) produced no findings against Burgess & Niple, Inc.
2. CONTRACT COMPLIANCE
The contract compliance number for Burgess & Niple, Inc. is CC 004425 and expires 12/11/27.
3. FISCAL IMPACT
Funding in the amount of $81,350.55 is budgeted and available within the Streets and Highways Bond Fund, Fund 7704 within the Department of Public Service. An amendment to the 2025 Capital Improvement Budget and transfer of funds is necessary to align funding for these project expenditures.
4. EMERGENCY DESIGNATION
Emergency action is requested in order to complete needed improvements at the earliest possible time and meet the deadline of December 31, 2026 per the Safe Streets for All Program funding award to avoid penalty and to ensure the safety of the traveling public, and to complete the necessary improvements before the end of construction season.
Title
To amend the 2025 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 Burgess & Niple, Inc., in connection with the Vision Zero - Neighborhood Slow Zones Near East project; to authorize the expenditure of up to $81,350.55 from the Streets and Highways Bond Fund to pay for the project; and to declare an emergency. ($81,350.55)
Body
WHEREAS, contract no. PO502136, with Burgess & Niple, Inc., in the amount of $250,000.00, was authorized by ordinance no. 3564-2024; and
WHEREAS, it has become necessary to modify the contract in an amount up to $81,350.55 and provide additional funds for the Vision Zero - Neighborhood Slow Zones Near East project; and
WHEREAS, it is necessary to authorize an amendment to the 2025 Capital Improvement Budget to provide sufficient spending authority for the aforementioned project expenditure; and
WHEREAS, it is necessary to authorize the expenditure of up to $81,350.55 from the Streets and Highways Bond Fund to pay for this contract modification; 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 Burgess & Niple, Inc., to continue detailed design work and prevent delays in the project schedule to meet the deadline of December 31, 2026 per Safe Streets for All Program funding dates and expeditiously complete the project, to preserve the safety of the traveling public, and to complete the necessary improvements before the end of construction season, 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 2025 Capital Improvements Budget authorized by ordinance 1790-2025 be amended as follows to establish sufficient authority for this project:
Fund / Project / Project Name / Current / Change /C.I.B. as Amended
7704 / P530161-100081 / Roadway Improvements - Lazelle Road (Phase B) (Voted Carryover) / $126,595.00 / ($81,351.00) / $45,244.00
7704 / P532000-100009 / Vision Zero - Neighborhood Slow Zones Near East Project (Voted Carryover) / $62,500.00 / $81,351.00 / $143,851.00
SECTION 2. That the Director of Public Service be, and hereby is, authorized to enter into a contract modification with Burgess & Niple, Inc., at 330 Rush Alley, Suite 700, Columbus, OH 43215, for the Vision Zero - Neighborhood Slow Zones Near East project in an amount up to $81,350.55, 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 3. That the transfer of $81,350.55, 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 P530161 - 100081 (Roadway Improvements - Lazelle Road (Phase B)), Object Class 06 (Capital Outlay) to Dept-Div 5913 (Traffic Management), Project P532000-100009 (Vision Zero - Neighborhood Slow Zones Near East ), Object Class 06 (Capital Outlay) between projects per the account codes in the attachment to this ordinance.
SECTION 4. That the expenditure of $81,350.55, or so much thereof as may be needed, is hereby authorized in Fund 7704 (Streets and Highways Bond Fund), Dept-Div 5913 (Traffic Management), P532000-100009 (Vision Zero - Neighborhood Slow Zones Near East ), 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.