Explanation
1. BACKGROUND
This ordinance authorizes the Director of Public Service to modify and increase an existing contract with Complete General Construction Company for the Intersection - Cleveland Avenue at Myrtle Avenue project in an amount up to $81,322.22.
Ordinance 1123-2024 authorized the Director of Public Service to enter into a contract with Complete General Construction Company for the construction of the Intersection - Cleveland Avenue at Myrtle Avenue project and to provide for construction administration and inspection services.
This project was previously awarded funds from the Community Development Block Grant (CDBG) Entitlement Program which provides annual grants on a formula basis to entitled cities and counties to develop viable urban communities by providing decent housing and a suitable living environment, and by expanding economic opportunities, principally for low- and moderate-income persons. The amount needed for the original contract was included in the City’s current Action Plan for the Community Development Block Grant Intersection - Cleveland Avenue at Myrtle Avenue Project as established in ordinance 2993-2023.
The work performed to date for this project consists of curb removal and installation, resurfacing, full signal replacement, reinstallation of interconnect, relocation of street lighting and power lines, water line lowering, and installation of storm sewer down Myrtle Avenue, and other work necessary to complete the contract in accordance with the plans.
The work for modification 1 will consist of restoring the roadway in two areas as a result from installing the storm line on East Myrtle Avenue. Electric and communications conduit/lines +/- 5 feet higher than shown on the Mulby Place drawings. Subsequently, the lines dissected the proposed storm line. This caused a 32 foot x 12 foot section of East Myrtle to be removed to relocate and lower these conduits. The second issue resulted from gas service at East Myrtle and Linden that was not indicated on the plan documents. As a result, the new manhole had to be shifted and a larger excavation was required for safety as using a trench box as required due to depth in this area was not possible. The modification will include other such work that is deemed necessary to complete the contract.
1.1 Amount of additional funds to be expended: $81,322.22
The original contract amount, no inspection: $1,116,578.43 (PO447036/PO447037, Ord. 1123-2024)
The total of Modification No. 1, no inspection: $81,322.22 (This Ordinance)
The contract amount including all modifications: $1,197,900.65
1.2 Reasons additional goods/services could not be foreseen:
This modification is to compensate the contractor for work that needed to be conducted to restore the roadway related to their current project. Rebidding this minimal amount of work would not have been feasible.
1.3 Reason other procurement processes are not used:
Further delay through use of procurement other than emergency modification will cost delay reimbursement to the contractor for costs incurred by contractor already due to the forementioned details.
1.4 How cost of modification was determined:
The cost to compensate the contractor exceeded the contingency balance on the original contract, resulting in the modification amount needed to supplement the cost of the contractor incurred for the repairs.
Searches in the System for Award Management (Federal) and the Findings for Recovery list (State) produced no findings against Complete General Construction Company.
2. CONTRACT COMPLIANCE
The contract compliance number for Complete General Construction Company is CC006056 and expires 10/17/2027.
3. Pre-Qualification Status
Complete General Construction Company and all proposed trades subcontractors have met Code requirements with respect to pre-qualification, pursuant to relevant sections of Columbus City Code Chapter 329.
4. FISCAL IMPACT
Funding in the amount of $81,322.22 is budgeted, available, and appropriated within the Streets and Highways Bond Fund, Fund 7704 within the Department of Public Service.
5. EMERGENCY DESIGNATION
Emergency action is requested to compensate the contractor for work that needed to be conducted to restore the roadway related to the Intersection - Cleveland Avenue at Myrtle Avenue project, and to ensure the safety of the traveling public.
Title
To authorize the Director of Public Service to enter into a contract modification with Complete General Construction Company in connection with the Intersection - Cleveland Avenue at Myrtle Avenue project; to authorize the expenditure of up to $81,322.22 from the Streets and Highways Bond Fund; and to declare an emergency. ($81,322.22)
Body
WHEREAS, contract no. PO447036/PO447037 with Complete General Construction Company, in the amount of $1,116,578.43, was authorized by ordinance no. 1123-2024; and
WHEREAS, it has become necessary to modify the contract in an amount up to $81,322.22 for the purpose of compensating the contractor for work that needed to be conducted to restore the roadway related to in the Intersection - Cleveland Avenue at Myrtle Avenue project; and
WHEREAS, it is necessary to authorize expenditures from the Streets and Highways Bond Fund for this contract; 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 Complete General Construction Company to compensate the contractor for work that needed to be conducted to restore the roadway related to the Intersection - Cleveland Avenue at Myrtle Avenue project, and to ensure the safety of the traveling public for the immediate preservation of 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 Complete General Construction Company 1221 East 5th Avenue, Columbus, Ohio 43219, for the Intersection - Cleveland Avenue at Myrtle Avenue project in the amount of $81,322.22, 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 $81,322.22 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 P538024-100000 (Intersection - Cleveland Avenue at Myrtle Avenue), in Object Class 06 (Capital Outlay) per the accounting codes in the attachment to this ordinance.
SECTION 3. 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 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.