Explanation
1. BACKGROUND
This ordinance authorizes the Director of Public Service to enter into contract with Shelly & Sands, Inc. for the Bridge Rehab - UIRF - Milo Grogan Second Avenue Improvements project and to provide payment for construction, construction administration and inspection services.
This contract includes the installation of new sidewalks, curb ramps, curb, curb extensions, street trees, permeable paver parking, and new street lighting with underground conduits. This project includes the installation of two soldier pile walls and the installation of non-cellular block retaining walls. The pavement will be resurfaced with new striping, 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 2223-2021 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 Bridge Rehab - UIRF - Milo Grogan Second Avenue Improvements project.
The estimated Notice to Proceed date is May 5, 2023. The project was let by the Office of Support Services through Vendor Services and Bid Express. Two bids were received on March 2, 2023, (both majority) and tabulated as follows:
|
Bidder |
Bid Amount |
City, State |
MAJ/MBE/ WBE |
|
Shelly & Sands, Inc. |
$9,005,228.65 |
Columbus, Ohio |
MAJ |
|
Complete General Construction |
$11,861,866.16 |
Columbus, Ohio |
MAJ |
Award is to be made to Shelly & Sands, Inc. as the lowest responsive and responsible and best bidder for their bid of $9,005,228.65. The amount of construction administration and inspection services will be $1,080,627.44. The total legislated amount is $10,085,856.09.
Searches in the System for Award Management (Federal) and the Findings for Recovery list (State) produced no findings against Shelly & Sands, Inc.
As part of their bid Shelly & Sands, Inc. has proposed the following subcontractors to work on the project:
Company Name City/State Majority/ODI Certification
BPS Columbus, Ohio MAJ
BOCA Construction Norwalk, Ohio MAJ
CapStone & Associates Westerville, Ohio WBE
Concrete Cutting & Breaking Columbus, Ohio MAJ
Danbert Electrical Plain City, Ohio MAJ
Environmental Mgmt, Inc. Plain City, Ohio MAJ
Flatrock Bridge Group Maumee, Ohio MAJ
Griffin Pavement Striping Columbus, Ohio MAJ
M.P. Dory Columbus, Ohio MAJ
MS Trucking Lockbourne, Ohio WBE
Paul Peterson Company Columbus, Ohio MAJ
Twin Rivers Construction Marietta, Ohio MAJ
Follow the River McConnelsville, Ohio EBE
2. CONTRACT COMPLIANCE INFORMATION
The contract compliance number for Shelly & Sands, Inc. is CC006043 and expires 02/03/2024.
3. PRE-QUALIFICATION STATUS
Shelly & Sands, Inc. 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 $999,999.00 within the OPWC Grants and Loans, Fund 7763. Funds will need to be appropriated.
Funds in the amount of $166,000.00 are available in the Streets and Highways Imp NonBond Fund, Fund 7766. An amendment to the 2022 Capital Improvement Budget is necessary to align spending with the proper project. Funds will need to be appropriated.
Additional funding in the amount of $1,754,016.76 is available and appropriated within the Development Taxable Bonds Fund, Fund 7739. An amendment to the 2022 Capital Improvement Budget and a transfer of cash is necessary to align spending with the proper project.
The remaining balance of $7,165,840.33 is available and appropriated within the Streets and Highways Bond Fund, Fund 7704. An amendment to the 2022 Capital Improvement Budget and a transfer of cash is necessary to align spending with the proper project.
5. MINORITY AND WOMAN OWNED BUSINESS ENTERPRISE & SMALL LOCAL BUSINESS ENTERPRISE PROGRAM
This contract was bid with an assigned City of Columbus MBE/WBE Program goal of 10% as provided by the Office of Diversity and Inclusion. 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 travelling public.
Title
To amend the 2022 Capital Improvement budget; to authorize the transfer of funds within the Streets and Highways Bond Fund and Development Taxable Bonds Fund; to appropriate funds within the Streets and Highways Imp NonBond Fund and OPWC Grants and Loans Fund; to authorize the Director of Public Service to enter into contract with Shelly & Sands, Inc. for the Bridge Rehab - UIRF - Milo Grogan Second Avenue Improvements project; to authorize the expenditure of up to $10,085,856.09 from the Streets and Highways Bond Fund, Streets and Highways Imp NonBond Fund, Development Taxable Bonds Fund and OPWC Grants and Loans Fund for the project; to repay any unused grant funds at the end of the grant period; and to declare an emergency. ($10,085,856.09)
Body
WHEREAS, the Department of Public Service is engaged in the Bridge Rehab - UIRF - Milo Grogan Second Avenue Improvements project; and
WHEREAS, the work for this project consists of the installation of new sidewalks, curb ramps, curb, curb extensions, street trees, permeable paver parking, and new street lighting with underground conduits. This project includes the installation of two soldier pile walls and the installation of non-cellular block retaining walls. The pavement will be resurfaced with new striping, 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 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, Shelly & Sands, Inc. will be awarded the contract for the Bridge Rehab - UIRF - Milo Grogan Second Avenue Improvements project; and
WHEREAS, the Department of Public Service requires funding to be available for the Bridge Rehab - Bridge Rehab - UIRF - Milo Grogan Second Avenue Improvements project for construction expense along with construction administration and inspection services; and
WHEREAS, Ohio Public Works Commission grant and loan funds will be used to pay for a portion of this project; and
WHEREAS, it is necessary to amend the 2022 Capital Improvement Budget to establish authority within the correct project; and
WHEREAS, it is necessary to authorize a transfer of funds within Fund 7704, the Streets and Highways Bond Fund and Fund 7739, the Development Taxable Bonds Fund, to establish sufficient cash to pay for the project; and
WHEREAS, funds must be appropriated within Fund 7766, the Streets and Highways Imp NonBond Fund and Fund 7763, the OPWC Grants and Loans Fund; and
WHEREAS, it is necessary to authorize the expenditure in an amount of up to $10,085,856.09 from the Streets and Highways Bond Fund, Streets and Highways Imp NonBond Fund, OPWC Grants and Loans Fund and the Development Taxable Bonds Fund; 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 an assigned goal of 10% as provided 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 authorize the Director to enter into contract with Shelly & Sands, Inc. to meet the start date requirements for the Ohio Public Works Commission award and to ensure 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 2022 Capital Improvements Budget authorized by ordinance 1896-2022 be amended as follows to establish sufficient authority for this project:
Fund / Project / Project Name / Current / Change /C.I.B. as Amended
7766 / P440005-102221 / Bridge Rehab - UIRF - Milo Grogan Second Avenue Improvements (Street & Highway Imp Carryover) / $63,000.00 / $103,000.00 / $166,000.00 (to match cash)
7704 / P440005-100067 / UIRF 2016 Sidewalks P2 (Voted Carryover) / $0.00 / $133,518.00 / $133,518.00 (to match cash)
7704 / P440104-100036 / East Franklinton Gravity 2.0 Pedestrian Improvements (Voted Carryover) / $4,600,000.00 / ($3,187,322.00) / $1,412,678.00
7704 / P440005-100067 / UIRF 2016 Sidewalks P2 (Voted Carryover) / $133,518.00 / ($133,518.00) / $0.00
7739 / P590427-100000 / OSU Economic Development Agreement (Unvoted Carryover) / $1,603,799.00 / ($1,603,799.00) / $0.00
7739 / P590426-100000 / Rickenbacker Airport Capital Commitment (Unvoted Carryover) / $150,218.00 / ($150,218.00) / $0.00
7704 / P440005-102221 / Bridge Rehab - UIRF - Milo Grogan Second Avenue Improvements (Voted Carryover) / $4,215,000.00 / $3,320,840.00 / $7,535,840.00
7739 / P440005-102221 / Bridge Rehab - UIRF - Milo Grogan Second Avenue Improvements (Unvoted Carryover) / $0.00 / $1,754,017.00 / $1,754,017.00
SECTION 2. That the transfer of $3,187,322.21, 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 P440104-100036 (East Franklinton Gravity 2.0 Pedestrian Improvements), Object Class 06 (Capital Outlay) to Dept-Div 5911 (Infrastructure Management), Project P440005-102221 (Bridge Rehab - UIRF - Milo Grogan Second Avenue Improvements), Object Class 06 (Capital Outlay) between projects per the account codes in the attachment to this ordinance.
SECTION 3. That the transfer of $150,217.76, or so much thereof as may be needed, is hereby authorized within Fund 7739 (Development Taxable Bond Fund), from Dept-Div 4402 (Economic Development), Project P590426-100000 (Rickenbacker Airport Capital Commitment), Object Class 06 (Capital Outlay) to Dept-Div 5911 (Infrastructure Management), Project P440005-102221 (Bridge Rehab - UIRF - Milo Grogan Second Avenue Improvements), Object Class 06 (Capital Outlay) between projects per the account codes in the attachment to this ordinance.
SECTION 4. That the transfer of $1,603,799.00, or so much thereof as may be needed, is hereby authorized within Fund 7739 (Development Taxable Bond Fund), from Dept-Div 4402 (Economic Development), Project P590427-100000 (OSU Economic Development Agreement), Object Class 06 (Capital Outlay) to Dept-Div 5911 (Infrastructure Management), Project P440005-102221 (Bridge Rehab - UIRF - Milo Grogan Second Avenue Improvements), Object Class 06 (Capital Outlay) between projects per the account codes in the attachment to this ordinance.
SECTION 5. 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, 2023, the sum of $166,000.00 is appropriated in Fund 7766 (Streets and Highways Imp NonBond Fund), Dept-Div 5911 (Infrastructure Management), Project P440005-102221 (Bridge Rehab - UIRF - Milo Grogan Second Avenue Improvements), Object Class 06 (Capital Outlay) per the account codes in the attachment to this ordinance.
SECTION 6. 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, 2023, the sum of $999,999.00 is appropriated in Fund 7763 (OPWC Grants and Loans Fund), Dept-Div 5912 (Design and Construction), Project G592207 (Milo Grogan Second Avenue CC13Z CC14Z), Object Class 06 (Capital Outlay) per the account codes in the attachment to this ordinance.
SECTION 7. That the Director of Public Service be and is hereby authorized to enter into a construction services contract with Shelly & Sands, Inc., 1515 Harmon Avenue, Columbus, Ohio 43223, for the Bridge Rehab - UIRF - Milo Grogan Second Avenue Improvements project in the amount of up to $9,005,228.65 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 $1,080,627.44.
SECTION 8. That the expenditure of $166,000.00, or so much thereof as may be needed, is hereby authorized in Fund 7766 (Streets and Highways Imp NonBond Fund), Dept-Div 5911 (Infrastructure Management), Project P440005-102221 (Bridge Rehab - UIRF - Milo Grogan Second Avenue Improvements), Object Class 06 (Capital Outlay) per the accounting codes in the attachment to this ordinance.
SECTION 9. That the expenditure of $999,999.00, 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 G592207 (Milo Grogan Second Avenue CC13Z CC14Z), Object Class 06 (Capital Outlay) per the accounting codes in the attachment to this ordinance.
SECTION 10. That the expenditure of $7,165,840.33, or so much thereof as may be needed, is hereby authorized in Fund 7704 (Streets and Highways Bond Fund), Dept-Div 5911 (Infrastructure Management), Project P440005-102221 (Bridge Rehab - UIRF - Milo Grogan Second Avenue Improvements), Object Class 06 (Capital Outlay) per the accounting codes in the attachment to this ordinance.
SECTION 11. That the expenditure of $1,754,016.76, or so much thereof as may be needed, is hereby authorized in Fund 7739 (Development Taxable Bond Fund), Dept-Div 5911 (Infrastructure Management), Project P440005-102221 (Bridge Rehab - UIRF - Milo Grogan Second Avenue Improvements), Object Class 06 (Capital Outlay) per the accounting codes in the attachment to this ordinance.
SECTION 12. 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 13. 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 14. 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 15. 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 16. 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.