Explanation
1. BACKGROUND
This ordinance authorizes the Interim Director of Public Service to enter into contract with Complete General Construction Company for the Signals - Summit Street Phase 2 project and to provide payment for construction, construction administration and inspection services.
This project consists of replacing, and upgrading to current standards, the following existing traffic signals along Summit Street: Chittenden Avenue, 12th Avenue, 15th Avenue, Lane Avenue, E. Hudson Street, 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 1634-2022 authorized the Director of Public Service, on behalf of the City of Columbus, to submit applications to and execute grant agreements with the Ohio Public Works Commission relative to the Local Transportation Improvement Program and State Capital Improvement Program. The ordinance also authorized the Director of Public Service to accept and expend awarded grant funds and issue refunds, if necessary, for the Signals - Summit Street Phase 2 project.
The estimated Notice to Proceed date is April 26, 2024. The project was let by the Office of Support Services through Vendor Services and Bid Express. Two bids were received on February 6, 2024, (both majority) and tabulated as follows:
Company Name Bid Amount City/State Majority/ODI Certification
Complete General Construction $2,482,796.97 Columbus, Ohio Majority
Danbert Electric Corp $2,762,583.05 Plain City, Ohio Majority
Award is to be made to Complete General Construction Company as the lowest responsive and responsible and best bidder for their bid of $2,482,796.97. The amount of construction administration and inspection services will be $248,279.70. The total legislated amount is $2,731,076.67.
Searches in the System for Award Management (Federal) and the Findings for Recovery list (State) produced no findings against Complete General Construction Company.
As part of their bid Complete General Construction Company. has proposed the following subcontractors to work on the project:
Company Name City/State Majority/ODI Certification
Harris & Heavener Columbus, OH Majority
Cap-Stone & Assoc. Columbus, OH WBE
Griffin Pavement Striping Columbus, OH Majority
Lake Erie Construction Co. Columbus, OH Majority
Goldtech (Supplier) Columbus, OH MBE
2. CONTRACT COMPLIANCE INFORMATION
The contract compliance number for Complete General Construction Company is CC006056 and expires 05/10/2025.
3. PRE-QUALIFICATION STATUS
Complete General Construction Company 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
An award from the Ohio Public Works Commission will partially fund this project through a reimbursable budgeted expense of $1,496,630.01 within the OPWC Grants and Loans Fund, Fund 7763. Funds will need to be appropriated.
Funding in the amount of $400,000.00 is available and appropriated within the Streets and Highways Bond Fund, Fund 7704 within the Department of Public Service. An amendment to the 2023 Capital Improvement Budget and a transfer of cash and appropriation is required to establish sufficient budget authority for the project.
The remaining funding of $834,446.66 for this contract is budgeted, available, and appropriated within Fund 2265, the Street Construction Maintenance and Repair Fund.
5. MINORITY AND WOMAN OWNED BUSINESS ENTERPRISE & SMALL LOCAL BUSINESS ENTERPRISE PROGRAM
This contract was bid with a City of Columbus MBE/WBE Program goal of 10% 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.
6. 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 Ohio Public Works Commission funding award to avoid penalty and to ensure the safety of the traveling public.
Title
To appropriate funds within the OPWC Grants and Loans Fund; to amend the 2023 Capital Improvement Budget; to authorize the transfer of funds within the Streets and Highways Bond Fund; to authorize the Interim Director of Public Service to enter into contract with Complete General Construction Company for the Signals - Summit Street Phase 2 project; to authorize the expenditure of up to $2,731,076.67 from the OPWC Grants and Loans Fund, the Street Construction Maintenance and Repair Fund, and the Streets and Highways Bond Fund for the project; to repay any unused grant funds at the end of the grant period; and to declare an emergency. ($2,731,076.67)
Body
WHEREAS, the Department of Public Service is engaged in the Signals - Summit Street Phase 2 project; and
WHEREAS, the work for this project consists of replacing, and upgrading to current standards, the following existing traffic signals along Summit Street: Chittenden Avenue, 12th Avenue, 15th Avenue, Lane Avenue, E. Hudson Street, 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, Complete General Construction Company will be awarded the contract for the Signals - Summit Street Phase 2 project; and
WHEREAS, the Department of Public Service requires funding to be available for the Signals - Summit Street Phase 2 project for construction expense along with construction administration and inspection services; and
WHEREAS, Ohio Public Works Commission grant funds will be used to pay for a portion of this project; and
WHEREAS, funds must be appropriated within the OPWC Grants and Loans Fund, Fund 7763; 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, it is necessary for Council to authorize a transfer of funds within Fund 7704, the Streets and Highways Bond Fund, to establish sufficient cash to pay for the project; 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 10% 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 enter into contract with Complete General Construction Company to ensure the safety of the traveling public and meet the requirements of the start date for the Ohio Public Works Commission funding award to avoid penalty, 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 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 / P590955-100000 / Operation Sidewalks (Voted Carryover) / $516,981.00 / ($400,000.00) / $116,981.00
7704 / P545019-100000 / Signals - Summit St Phase 2 (Voted Carryover) / $0.00 / $400,000.00 / $400,000.00
7704 / P440104-100040 / Miscellaneous Developments - Vision Zero Action Plan Implementation (Voted 2019 SIT Supported) / $4,731,794.00 / ($400,000.00) / $4,331,794.00
7704 / P590955-100000 / Operation Sidewalks (Voted 2019 SIT Supported) / $150,000.00 / $400,000.00 / $550,000.00
SECTION 2. That the transfer of $400,000.00, 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 P590955-100000 (Operation Sidewalks), Object Class 06 (Capital Outlay) to Dept-Div 5912 (Design and Construction), Project P545019-100000 (Signals - Summit St Phase 2), Object Class 06 (Capital Outlay) per the account codes in the attachment to this ordinance.
SECTION 3. 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 $1,816,435.00 is appropriated in Fund 7763 (OPWC Grants and Loans Fund), Dept-Div 5912 (Design and Construction), Project GTBD (Summit St. Signals Ph. 2 CC25AA CC26AA), in Object Class 06 (Capital Outlay) per the account codes in the attachment to this ordinance.
SECTION 4. That the Interim Director of Public Service be and is hereby authorized to enter into a construction services contract with Complete General Construction Company, 1221 E. 5th Avenue, Columbus, Ohio 43219, for the Signals - Summit Street Phase 2 project in the amount of up to $2,482,796.97 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 $248,279.70.
SECTION 5. That the expenditure of $1,496,630.01, or so much thereof as may be needed, is hereby authorized in Fund 7763 (OPWC Grants and Loans Fund), Dept-Div 5912 (Design and Construction), Project G592402 (Summit St. Signals Ph. 2 CC25AA CC26AA), Object Class 06 (Capital Outlay) per the accounting codes in the attachment to this ordinance.
SECTION 6. That the expenditure of $834,446.66, or so much thereof as may be needed, is hereby authorized in Fund 2265 (Street Construction Maintenance and Repair Funds), Dept-Div 5913 (Traffic Management), in Object Class 06 (Capital Outlay) per the accounting codes in the attachment to this ordinance.
SECTION 7. That the expenditure of $400,000.00, 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 P545019-100000 (Signals - Summit St Phase 2), Object Class 06 (Capital Outlay) per the accounting codes in the attachment to this ordinance.
SECTION 8. 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 9. 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 10. 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 11. 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 12. 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.