Explanation
1. BACKGROUND
This ordinance authorizes the Director of Public Service to modify a professional services contract with TranSystems Corporation of Ohio to add additional funds for design of the Roadway - LinkUS - Northwest Corridor Phase 2 project.
Ordinance 1451-2021 authorized the Director of Public Service to enter into a professional services contract with TranSystems Corporation of Ohio for the Roadway - LinkUS - Northwest Corridor Phase 2 project. This ordinance authorizes the Director of Public Service to modify the contract in the amount of $4,500,000.00 and is contingent upon the final execution of a contribution agreement modification between the City and Central Ohio Transit Authority (COTA). This ordinance is also contingent upon the receipt of a $2,250,000.00 contribution as required by the modified agreement with COTA.
1.1 Amount of additional funds to be expended: $4,500,000.00
The original contract amount: $4,500,000.00. (PO280444, Ord. 1451-2021)
The total of Modification No. 1: $4,500,000.00. (This Ordinance)
The contract amount including all modifications: $9,000,000.00.
1.2 Reasons additional goods/services could not be foreseen:
This is a planned contract modification. The amount initially legislated for this project did not include the full amount that would be needed to fund this project through 30% design. There maybe future modifications if needed.
1.3 Reason other procurement processes are not used:
The full amount of the contract was not initially available, therefore it was planned that the contract would be modified as funds became available to complete the project to 30% design. 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:
TranSystems Corporation of Ohio and subconsultants provided a cost breakdown for each task included in the scope. After several negotiations, the final fee was determined to be in line with what is expected for the scope of work. Costs were also compared to other recent design project of similar scope and magnitude. 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 TranSystems Corporation of Ohio.
Additionally, Ordinance 1407-2020 authorized the Director of Public Service to execute multiple contribution agreements to facilitate the completion of the Mobility Study - NW Corridor. This ordinance authorizes the Director of Public Service to enter into an agreement modification with and to accept funds from COTA to advance the project; and to, as necessary, authorize the acceptance of additional funding from COTA or the return of any unexpended design funding to the same after final accounting has been performed or the Department of Public Service certifies that any remaining funds are no longer needed for the project and can be refunded without the need for additional legislative action.
2. CONTRACT COMPLIANCE
The contract compliance number for TranSystems Corporation of Ohio is CC007988 and expires 7/8/2026.
3. FISCAL IMPACT
This project is funded in part by a contribution in the amount of $2,250,000.00 from COTA pursuant to a Contribution Agreement Modification to be authorized as a part of this ordinance between the Department of Public Service and COTA. Upon final execution of the agreement modification, the funds from COTA will be deposited in Fund 7766, the Streets and Highways Non-Bond Fund. Public Service is requesting the executed modification between the parties be accepted by the Auditor’s Office and the Auditor’s Office allows Public Service to proceed with the legislation as if the funding has been received. An amendment to the 2024 Capital Improvements Budget to match cash is necessary to establish sufficient budget authority for the project which is contingent upon the receipt of a final executed grant agreement from COTA and receipt of their contribution in the amount of $2,250,000.00 to the design contract modification in Fund 7766, the Streets and Highways Non-Bond Fund. Funds will need to be appropriated.
The remaining balance in the amount of $2,250,000.00 is available within Fund 7704, Streets and Highways Bond Fund. An amendment to the 2024 Capital Improvements Budget in fund 7704, the Streets and Highways Bond Fund, is necessary to establish sufficient budget authority for the project.
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 authorize the execution of the contract modification as soon as reasonably possible so as to prevent unnecessary delays in the completion of the project
Title
To authorize the Director of the Department of Public Service to enter into an agreement modification with and to accept contributions from the Central Ohio Transit Authority; to, as necessary, authorize the acceptance of additional funds from the Central Ohio Transit Authority or to return any unused contributions to the same; to amend the 2024 Capital Improvement Budget; to appropriate funds within the Streets and Highways Non-Bond Fund; to authorize the Director of Public Service to enter into a contract modification with TranSystems Corporation of Ohio for the Roadway - LinkUS - Northwest Corridor Phase 2 project; to authorize the expenditure of up to $4,500,000.00 from the Streets and Highways Fund and the Streets and Highways Non-Bond Fund for the project; and to declare an emergency. ($4,500,000.00)
Body
WHEREAS, the Central Ohio Transit Authority (COTA) intends to contribute funding to subsidize the cost of professional engineering services necessary for the design phase of the Roadway - LinkUS - Northwest Corridor Phase 2 project; and
WHEREAS, the Director of Public Service must execute an agreement modification, and any amendments or modifications thereto, with the COTA to facilitate the acceptance and expenditure of funding by the Department of Public Service for the aforementioned purpose; and
WHEREAS, it may be necessary to accept additional funds from COTA if the actual design costs exceed the preliminary cost estimate; and
WHEREAS, it may be necessary to issue a refund to COTA after final accounting has been performed or after the Department of Public Service certifies that any remaining funds are no longer needed for the project and can be refunded, without the need for additional legislative action; and
WHEREAS, contract no. PO280444 with TranSystems Corporation of Ohio in the amount of $4,500,000.00, was authorized by ordinance no. 1451-2021; and
WHEREAS, it is necessary to modify the contract in an amount up to $4,500,000.00 to provide additional funds for the Roadway - LinkUS - Northwest Corridor Phase 2 project; and
WHEREAS, the Director of Public Service needs to be authorized to execute said contract modification; and
WHEREAS, it is necessary to amend the 2024 Capital Improvements Budget to match cash to establish sufficient budget authority for the project which is contingent upon the receipt of a final executed grant agreement from COTA and receipt of their contribution in the amount of $2,250,000.00 to the design contract modification in Fund 7766, the Streets and Highways Non-Bond Fund; and
WHEREAS, it is necessary to amend the 2024 Capital Improvement Budget to provide funding for project expenditures in fund 7704, the Streets and Highways Bond Fund; and
WHEREAS, the contribution from COTA has not yet been received, so the Auditor’s Certificate (ACPO) will be contingent upon receipt of the COTA contribution and final execution of the contribution agreement modification between the City and COTA; and
WHEREAS, funds will need to be appropriated within Fund 7766, the Street and Highway Improvement Fund to pay for 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 enter into a contract modification with TranSystems Corporation of Ohio to prevent delays in the project schedule and 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 2024 Capital Improvements Budget authorized by Ordinance 1907-2024 be amended to establish sufficient authority for this project:
Fund / Project / Project Name / C.I.B. / Change / C.I.B. as Amended
7704 / P531024-100006 / Roadway - LinkUS - NW Corridor - Bus Rapid Transit (Voted Carryover) / $4,000,000.00 / ($2,250,000.00) / $1,750,000.00
7704 / P531024-100001 / Roadway - LinkUS - Northwest Corridor Phase 2 (Voted Carryover) / $0.00 / $2,250,000.00 / $2,250,000.00
7766 / P531024-100001 / Roadway - LinkUS - Northwest Corridor Phase 2 (Street and Highway Imp Carryover) / $0.00 / $2,250,000.00 / $2,250,000.00 (to match cash)
SECTION 2. That from the unappropriated monies and from all monies estimated to come into said funds from any and all sources and unappropriated for any other purpose during the fiscal year ended December 31, 2024, the sum of $2,250,000.00 is appropriated upon receipt of an executed grant agreement and subsequent contribution from COTA is appropriated in Fund 7766 (Streets and Highways Non-Bond Fund), Dept-Div 5913 (Traffic Management), Project P531024-100001 (Roadway - LinkUS - Northwest Corridor Phase 2), in Object Class 06 (Capital Outlay) per the account codes in the attachment to this ordinance.
SECTION 3. That the above amendment to the 2024 Capital Improvements Budget in Fund 7766, the Streets and Highways Non-Bond Fund, to match cash to establish sufficient budget authority for the project and the Auditor’s Certificate (ACPO) authorized below from Fund 7766 are contingent upon the receipt of a final executed grant agreement from COTA and receipt of their contribution in the amount of $2,250,000.00 for the design contract modification.
SECTION 4. That the Director of Public Service be, and hereby is, authorized to enter into a contract modification with TranSystems Corporation of Ohio, located at 400 W. Nationwide Blvd., Suite 225, Columbus, Ohio 43215, for the Roadway - LinkUS - Northwest Corridor Phase 2 project in the amount of $4,500,000.00, or so much thereof as may be needed. This modification is contingent upon the receipt of the contribution from COTA and final execution of the contribution agreement modification.
SECTION 5. That the expenditure of $2,250,000.00, 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 P531024-100001 (Roadway - LinkUS - Northwest Corridor Phase 2), in Object Class 06 (Capital Outlay) per the accounting codes in the attachment to this ordinance.
SECTION 6. That the expenditure of $2,250,000.00, or so much thereof as may be needed, is hereby authorized in Fund 7766 (Streets and Highways Non-Bond Fund), Dept-Div 5913 (Traffic Management), Project P531024-100001 (Roadway - LinkUS - Northwest Corridor Phase 2), in Object Class 06 (Capital Outlay) per the accounting codes in the attachment to this ordinance.
SECTION 7. That the Director of Public Service be and hereby is authorized to enter into an agreement modification with and to accept contributions from the Central Ohio Transit Authority for the Roadway - LinkUS - Northwest Corridor Phase 2 project, and to modify those agreements if necessary to accept additional contributions from the Central Ohio Transit Authority for the design of the project.
SECTION 8. That the Director of Public Service be and hereby is authorized, as necessary, to accept additional funds from the aforementioned entity should the amounts of their initial deposits prove insufficient to support their respective share of actual design costs or to return any unexpended project funding to the same after final accounting has been performed or the Department of Public Service certifies that any remaining funds are no longer needed for the project and can be refunded, without the need for additional legislative action.
SECTION 9. 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 10. 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 11. 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 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.