Explanation
1. BACKGROUND
This ordinance authorizes the Director of Public Service to enter into a professional services contract with Burgess & Niple, Inc. in the amount of up to $250,000.00 for the Vision Zero - Neighborhood Slow Zones Near East Pilot project.
The intent of this project is to provide the City of Columbus, Department of Public Service, additional resources that are necessary to perform various professional engineering, survey, and technical expertise for the department to implement the Vision Zero - Neighborhood Slow Zones Near East Pilot project, which includes general engineering and transportation planning services that will develop a Neighborhood Slow Zone plan for the specified project area to demonstrate the use of temporary materials and guide future efforts by the City of Columbus to implement neighborhood Slow Zones.
Ordinance 1918-2023 authorized the Director of Public Service, on behalf of the City of Columbus, to submit applications to and execute grant agreements with the United States Department of Transportation (USDOT) relative to the Safe Streets for All (SS4A) program, accept and expend awarded grant funds, and issue refunds, if necessary, for the Vision Zero - Neighborhood Slow Zones Near East Pilot Project.
The Department of Public Service, Office of Support Services, solicited Requests for Proposals for the Neighborhood Slow Zones Near East Pilot contract. The project was formally advertised on the Vendor Services and Bonfire web sites from October 31, 2024, to December 4, 2024. The
City received one (1) response. The proposal was deemed responsive and was fully evaluated when the Evaluation Committee met on December 12, 2024. The responding firm was:
Company Name City/State Majority/MBE/WBE/VET/EBE/LGBTBE/SLBE
Burgess & Niple, Inc. Columbus, OH MAJ
Burgess & Niple, Inc. received the highest score by the evaluation committee and will be awarded the Vision Zero - Neighborhood Slow Zones Near East Pilot contract.
Searches in the Excluded Party List System (Federal) and the Findings for Recovery list (State) produced no findings against Burgess & Niple, Inc.
The certification of Burgess & Niple, Inc. was in good standing at the time the bid was awarded. The certification of Toole Design Group LLC will be updated before contract continues.
As part of their bid Burgess & Niple, Inc. has proposed the following 1 subcontractor to work on the project:
Company Name City/State Majority/ODI Certification
Toole Design Group LLC Columbus, Ohio WBE
2. CONTRACT COMPLIANCE INFORMATION
Burgess & Niple, Inc.’s contract compliance number is CC004425 and expires 01/10/2026.
3. FISCAL IMPACT
A portion of this project is a reimbursable budgeted expense of $187,500.00 within the Federal Transportation Grant Fund, Fund 7765, Grant #G592407 (SS4A FY23 Demonstration Projects). Funds need to be appropriated.
The remaining balance of $62,500.00 is available and appropriated within the Streets and Highways Bond Fund, Fund 7704. An amendment to the 2024 Capital Improvement Budget is necessary to align funding with the proper project.
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 15% 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 in order to complete needed improvements at the earliest possible time and meet the requirements of the close out date for the Safe Streets for All Program funding award to avoid penalty and to ensure the safety of the traveling public.
Title
To amend the 2024 Capital Improvement Budget; to authorize the transfer of funds within the Streets and Highways Bond Fund; to appropriate funds within the Federal Transportation Grants Fund; to authorize the Director of Public Service to enter into contract with Burgess & Niple, Inc. for the Vision Zero - Neighborhood Slow Zones Near East Pilot project; to authorize the expenditure of up to $250,000.00 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. ($250,000.00)
Body
WHEREAS, there is a need to enter into a professional services contract to provide for additional resources that are necessary to perform various professional engineering, survey, and technical expertise for the department to implement the Vision Zero - Neighborhood Slow Zones Near East Pilot project, which includes general engineering and transportation planning services that will develop a Neighborhood Slow Zone plan for the specified project area to demonstrate the use of temporary materials and guide future efforts by the City of Columbus to implement neighborhood Slow Zones; and
WHEREAS, the Department of Public Service, Office of Support Services, solicited Requests for Proposals for the Vision Zero - Neighborhood Slow Zones Near East Pilot Project; and
WHEREAS, Burgess & Niple, Inc. submitted the best overall proposal for this project; and
WHEREAS, it is necessary to enter into a contract with Burgess & Niple, Inc. for the provision of professional engineering consulting services described above in the amount of up to $250,000.00; and
WHEREAS, Federal Transportation grant funds will be used to pay for a portion of this project; 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, it is necessary for Council to authorize an expenditure of funds within Fund 7704, the Streets and Highways Bond Fund and Fund 7765, the Federal Transportation Grants Fund to pay for the project; and
WHEREAS, funds must be appropriated within the Federal Transportation Grants Fund, Fund 7765; and
WHEREAS, it is necessary for Council to authorize an amendment to the 2024 Capital Improvement Budget; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Service in that it is immediately necessary to authorize the Director to enter into contract with Burgess & Niple, Inc. to ensure the safety of the traveling public and to complete needed improvements at the earliest possible time and meet the requirements of the close out date for the Safe Streets for All Program funding award to avoid penalty, all 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 2024 Capital Improvements Budget authorized by ordinance 1907-2024 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 / P440104-100040 / Miscellaneous Developments- Vision Zero Action Plan Implementation (Voted Carryover) / $2,202,535.00 / ($62,500.00) / $2,140,035.00
7704 / P532000-100009 / Vision Zero - Neighborhood Slow Zones Near East Pilot (Voted Carryover) / $0.00 / $62,500.00 / $62,500.00
SECTION 2. That the transfer of $62,500.00, 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 P440104 - 100040 (Miscellaneous Developments- Vision Zero Action Plan Implementation), Object Class 06 (Capital Outlay) to Dept-Div 5912 (Design and Construction), Project P532000-100009 (Vision Zero - Neighborhood Slow Zones Near East Pilot Project), Object Class 06 (Capital Outlay) between projects 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, 2025, the sum of $187,500.00 is appropriated in Fund 7765 (Federal Transportation Grant Fund), Dept-Div 5912 (Design and Construction), Project G592407 (SS4A FY23 Demonstration Projects), in Object Class 06 (Capital Outlay) per the account codes in the attachment to this ordinance.
SECTION 4. That the Director of Public Service be and is hereby authorized to enter into a professional services contract with Burgess & Niple, Inc., 330 Rush Alley, Suite 700, Columbus, OH 43215, for the Vision Zero - Neighborhood Slow Zones Near East Pilot project in the amount of up to $250,00.00.
SECTION 5. That the expenditure of $62,500.00, 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), P532000-100009 (Vision Zero - Neighborhood Slow Zones Near East Pilot Project), in Object Class 06 (Capital Outlay) per the accounting codes in the attachment to this ordinance.
SECTION 6. That the expenditure of $187,500.00, 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 G592407 (SS4A FY23 Demonstration Projects), in Object Class 06 (Capital Outlay) per the accounting codes in the attachment to this ordinance.
SECTION 7. 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 8. 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 9. 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 10. 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 11. 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.