Explanation
1. BACKGROUND
This ordinance authorizes the Director of Public Service to enter into contract with CAP‐STONE & Associates, Inc. for the Operation Safewalks - School Sidewalk - Olive Street - Floral Avenue project and to provide payment for construction, construction administration and inspection services.
This contract includes the installation of sidewalk and curb ramps along Olive Street from Powell Avenue to Wayne Avenue and along Floral Avenue from Oakley Avenue to Highland Avenue, and other work as may be necessary to complete the contract in accordance with the plans and specifications set forth in the Bid Submittal Documents.
Ordinance 0632-2020 authorized the Director of Public Service, on behalf of the City of Columbus, to submit applications to and execute grant agreements with the Ohio Department of Transportation relative to the Highway Safety Improvement Program, accept and expend awarded grant funds, and issue refunds, if necessary, for the Operation Safewalks - School Sidewalk - Olive Street - Floral Avenue.
The estimated Notice to Proceed date is July 15, 2024. The project was let by the Office of Support Services through Vendor Services and Bid Express. Four bids were received on April 18, 2024, (three majority, one WBE) and tabulated as follows:
Company Name Bid Amount City/State Majority/ODI Certification
Newcomer Concrete Services, Inc. $1,016,588.13 Norwalk, OH Majority
CAP-STONE & Associates, Inc. $1,019,896.90 Columbus, OH WBE
Strawser Paving Company $1,064,955.54 Columbus, OH Majority
Decker Construction Company $1,114,787.42 Columbus, OH Majority
Newcomer Concrete Services, Inc. submitted a bid, but was deemed non‐responsive due to their failure to meet the DBE Affirmation requirements as outlined in Proposal Note (PN) 13 of the bidding documents. Upon concurrence from ODOT Office of Local Programs, the recommendation is to award the contract to the second Apparent Low Bidder CAP‐STONE & Associates, Inc., the company that was the next low, responsive bidder.
Award is to be made to CAP‐STONE & Associates, Inc. as the lowest responsive and responsible and best bidder for their bid of $1,019,896.90. The amount of construction administration and inspection services will be $152,984.54. The total legislated amount is $1,172,881.44.
Searches in the System for Award Management (Federal) and the Findings for Recovery list (State) produced no findings against CAP‐STONE & Associates, Inc.
The certification of CAP‐STONE & Associates, Inc. and all associated subcontractors was in good standing at the time the bid was awarded.
As part of their bid CAP‐STONE & Associates, Inc. has proposed the following subcontractors to work on the project:
Company Name City/State Majority/ODI Certification
CAP‐STONE & Associates, Inc. Columbus, Ohio WBE
Griffin Pavement Striping, LLC Columbus, Ohio MAJ
Oberlander’s Tree & Landscape, LTD. Mansfield, Ohio MAJ
Follow the River Environmental McConnelsville, Ohio MAJ
Donley Concrete Cutting Company Pickerington, Ohio MAJ
Garcia Surveyors, Inc. Columbus, Ohio MBE
The Paul Peterson Company Columbus, Ohio MAJ
Axis Civil Construction LLC Blacklick, Ohio MAJ
2. CONTRACT COMPLIANCE INFORMATION
The contract compliance number for CAP‐STONE & Associates, Inc. is CC004933 and expires 7/9/24.
3. PRE-QUALIFICATION STATUS
CAP‐STONE & Associates, Inc. and all proposed subcontractors have met code requirements with respect to pre-qualification, pursuant to relevant sections of Columbus City Code Chapter 329.
4. FISCAL IMPACT
A portion of this project is a reimbursable budgeted expense of $1,019,896.90 within the Federal Transportation Grant Fund, Fund 7765, Grant #G592202 (Olive St and Floral Ave 113727). Funds need to be appropriated.
The remaining balance of $152,984.54 is available and appropriated within the Streets and Highways Bond Fund, Fund 7704.
5. 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 Highway Safety Improvement Program funding award to avoid penalty and to ensure the safety of the travelling public.
Title
To appropriate funds within the Federal Transportation Grants Fund; to authorize the Director of the Department of Public Service to enter into contract with CAP‐STONE & Associates, Inc. for the Operation Safewalks - School Sidewalk - Olive Street - Floral Avenue project; to authorize the expenditure of $1,172,881.44 from the Streets and Highways Bond Fund and the Federal Transportation Grants Fund for the project; to repay any unused grant funds at the end of the grant period; and to declare an emergency. ($1,172,881.44)
Body
WHEREAS, the Department of Public Service is engaged in the Operation Safewalks - School Sidewalk - Olive Street - Floral Avenue project; and
WHEREAS, the work for this project consists of the installation of sidewalk and curb ramps along Olive Street from Powell Avenue to Wayne Avenue and along Floral Avenue from Oakley Avenue to Highland Avenue; and other work as may be necessary to complete the contract in accordance with the plans and specifications set forth in the Bid Submittal Documents; and
WHEREAS, CAP‐STONE & Associates, Inc. will be awarded the contract for the Operation Safewalks - School Sidewalk - Olive Street - Floral Avenue project; and
WHEREAS, the Department of Public Service requires funding to be available for the Operation Safewalks - School Sidewalk - Olive Street - Floral Avenue project for construction expense along with construction administration and inspection services; and
WHEREAS, Federal Transportation grant funds will be used to pay for a portion of this project; and
WHEREAS, funds must be appropriated within the Federal Transportation Grants Fund; and
WHEREAS, it is necessary to authorize an expenditure of funds from the Federal Transportation Grants Fund and from the Streets and Highways Bond Fund; 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 contract with CAP‐STONE & Associates, Inc. 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 from the unappropriated monies and from all monies estimated to come into said fund from any and all sources and unappropriated for any other purpose during the fiscal year ended December 31, 2024, the sum of $1,019,896.90 is appropriated in Fund 7765 (Federal Transportation Grant Fund), Dept-Div 5912 (Design and Construction), Project G592202 (Olive St and Floral Ave 113727), in Object Class 06 (Capital Outlay) per the account codes in the attachment to this ordinance.
SECTION 2. That the Director of the Department of Public Service be and is hereby authorized to enter into a construction services contract with CAP‐STONE & Associates, Inc., 5715 Westbourne Avenue, Columbus, Ohio, 43213, for the Operation Safewalks - School Sidewalk - Olive Street - Floral Avenue project in the amount of up to $1,019,896.90 in accordance with the specifications and plans on file in the Office of Support Services, which are hereby approved; and to pay for necessary construction administration and inspection costs associated with the project up to a maximum of $152,984.54.
SECTION 3. That the expenditure of $1,019,896.90, or so much thereof as may be needed, is hereby authorized in Fund 7765 (Federal Transportation Grant Fund), Dept-Div 5912 (Design and Construction), Project G592202 (Olive St and Floral Ave 113727), in Object Class 06 (Capital Outlay) per the account codes in the attachment to this ordinance.
SECTION 4. That the expenditure of $152,984.54, 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 P590955-100034 (Operation Sidewalks - School Sidewalk - Olive Street - Floral Avenue), 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 at the end of the grant period, any repayment of unencumbered balances required by the grantor is hereby authorized and any unused City match monies may be transferred back to the City fund from which they originated in accordance with all applicable grant agreements.
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.