Explanation
1. BACKGROUND
This ordinance authorizes the Director of Public Service to modify a professional services contract with Environmental Design Group, LLC to add additional funds for the Bikeway ‐ SR161 ‐ Sawmill Road to Thompson Street project.
Ordinance No. 1267-2024 authorized the Director of Public Service to enter into a $500,000.00 professional services contract with Environmental Design Group, LLC for the Bikeway ‐ SR161 ‐ Sawmill Road to Thompson Street project. The intent of this project is to add a shared use path along SR 161 from Sawmill Road to Thompson Street, walkways, install curb ramps, drive aprons, lighting, stormwater basins, and storm sewer as needed. This modification is needed to fully fund Task 2 - Detailed Design for base services and a majority if-authorized work, to keep the project on schedule and meet MORPC funding dates.
This ordinance authorizes the Director of Public Service to modify the contract in the amount of $600,000.00 for additional professional services to complete the detailed design of the project.
Ordinance 2534-2022 authorized the Director of Public Service, on behalf of the City of Columbus, to submit applications to and execute grant agreements with the Mid-Ohio Regional Planning Commission relative to the MORPC Attributable Funds Program, accept and expend awarded grant funds, and issue refunds, if necessary, for the Bikeway ‐ SR161 ‐ Sawmill Road to Thompson Street project.
1.1 Amount of additional funds to be expended: $600,000.00
The original contract amount: $500,000.00 (PO452647, Ord. 1267-2024)
The total of Modification No. 1: $600,000.00 (This Ordinance)
The contract amount including all modifications: $1,100,000.00
1.2 Reasons additional goods/services could not be foreseen:
This modification is necessary as a result from Preliminary Engineering and Alignment work that was required before adding Detailed Design work, which was not included in the original fee.
1.3 Reason other procurement processes are not used:
This work is within the project limits of the original contract. It would be redundant to have a separate contract to perform this work. This work is an accelerated design to meet MORPC funding deadlines, 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 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 Environmental Design Group, LLC.
2. CONTRACT COMPLIANCE
The contract compliance number for Environmental Design Group, LLC is CC003292 and expires 07/31/25.
3. FISCAL IMPACT
Funding in the amount of $600,000.00 is budgeted, available and appropriated within the Streets and Highways Bond Fund, Fund 7704 within the Department of Public Service.
4. 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 20% 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.
5. EMERGENCY DESIGNATION
Emergency action is requested to continue construction plan design. Construction plan design will affect the Right of Way design, that needs to start in August 2025 to stay on schedule and allow Acquisition to begin in June 2026 and meet the MORPC funding dates to preserve the safety of the traveling public.
Title
To authorize the Director of Public Service to enter into a contract modification with Environmental Design Group, LLC in connection with the Bikeway-SR161-Sawmill Road to Thompson Street project; to authorize the expenditure of up to $600,000 from the Streets and Highways Bond Fund to pay for the project; and to declare an emergency. ($600,000)
Body
WHEREAS, the City of Columbus is engaged in the Bikeway ‐ SR161 ‐ Sawmill Road to Thompson Street project; and
WHEREAS, PO452647 with Environmental Design Group, LLC, in the amount of $500,000.00, was authorized by ordinance no. 1267-2024; and
WHEREAS, it has become necessary to modify the contract in an amount up to $600,000.00 and provide additional funds for the Bikeway ‐ SR161 ‐ Sawmill Road to Thompson Street project; and
WHEREAS, to is necessary to authorize expenditures from the Streets and Highways Bond Fund for this contract; 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 20% 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 a contract modification with Environmental Design Group, LLC 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 Director of Public Service be, and hereby is, authorized to enter into a contract modification with Environmental Design Group, LLC at 7965 North High Street, Suite 050, Columbus, OH 43235, for the Bikeway ‐ SR161 ‐ Sawmill Road to Thompson Street project in the amount of $600,000.00, 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 2. That the expenditure of $600,000.00, 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 P540002-100119 (Bikeway - SR161 ‐ Sawmill Road to Thompson Street), in Object Class 06 (Capital Outlay) per the accounting codes in the attachment to this ordinance.
SECTION 3. 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 4. 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 5. 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 6. 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.