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 Bridge Rehabilitation - Whittier Street Bridge Rehab and SUP Widening project in an amount up to $100,000.00.
Ordinance 3243-2023 authorized the Director of Public Service to enter into a contract with Complete General Construction Company for the construction of the Bridge Rehabilitation - Whittier Street Bridge Rehab and SUP Widening project and to provide for construction administration and inspection services.
The work performed to date for this project consists of rehabilitation of the Whittier Street Bridge over CSX and NS Railroads and the approach roadway work necessary for the widening of the existing sidewalk into a 10-foot-wide shared use path (SUP) between Front Street and 1250 feet west of Front Street at the existing Scioto River Trail access point.
The work for modification 1 will consist of a bridge deck overlay of the Whittier Street bridge along with the associated mobilization and maintenance of traffic. The work is expected to take 30 days and will be scheduled with the remaining work on the contract., and other such work as may be necessary to complete the contract.
1.1 Amount of additional funds to be expended: $100,000.00
The original contract amount: $3,311,062.04 (PO432311/PO432325, Ord. 3243-2023)
The total of Modification No. 1: $100,000.00 (This Ordinance)
The contract amount including all modifications: $3,411,062.04
1.2 Reasons additional goods/services could not be foreseen:
This was not an anticipated modification. During the course of construction, it was determined that the bridge deck was in a worse condition than it was at the time of project scoping. A bridge deck overlay is now required to extend the life of the bridge deck and preserve the bridge long term.
1.3 Reason other procurement processes are not used:
The bridge is currently partially closed for construction with significant maintenance of traffic impacts. This bridge deck overlay can be added to the current work with minimal impact to the public and more economically. Performing this work on a separate contract would cost more and have more impact to the public.
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 contract.
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 05/10/2025.
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 $100,000.00 is available within the Streets and Highways Bond Fund within the Department of Public Service. It is necessary to amend the 2024 Capital Improvement Budget to establish sufficient budget authority for this project. Funds are appropriated.
5. MINORITY AND WOMAN OWNED BUSINESS ENTERPRISE & SMALL LOCAL BUSINESS ENTERPRISE PROGRAM
This contract was bid with an anticipated City of Columbus MBE/WBE Program goal of 10% 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.
6. EMERGENCY DESIGNATION
Emergency action is requested to ensure that funding is available to facilitate the commencement of construction work as soon as the construction season begins and prevent any unnecessary delays in the completion of modification 1 for the Bridge Rehabilitation - Whittier Street Bridge Rehab project to ensure the safety of the traveling public.
Title
To amend the 2024 Capital Improvements Budget; to authorize the Director of Public Service to enter into a contract modification with Complete General Construction Company in connection with the Bridge Rehabilitation - Whittier Street Bridge Rehab project; to authorize the expenditure of up to $100,000.00 from the Streets and Highways Bond Fund; and to declare an emergency. ($100,000.00)
Body
WHEREAS, contract no. PO432311/PO432325 with Complete General Construction Company, in the amount of $3,311,062.00, was authorized by ordinance no. 3243-2023; and
WHEREAS, it has become necessary to modify the contract in an amount up to $100,000.00 for the purpose of performing additional construction work in the Bridge Rehabilitation - Whittier Street Bridge Rehab project; and
WHEREAS, it is necessary to authorize expenditures from the Streets and Highways Bond Fund for this contract; and
WHEREAS, it is necessary to amend the 2024 Capital Improvement Budget to align funding for project expenditures; 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 anticipated City of Columbus MBE/WBE Program goal of 10% 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 Complete General Construction Company to prevent delays in the construction schedule, 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 2024 Capital Improvements Budget authorized by ordinance 1907-2024 be amended as follows to establish sufficient authority for this project:
Fund / Project / Project Name / Current C.I.B. / Amendment Amount / C.I.B. as Amended
7704 / P530301-992023 / Bridge Rehabilitation - Annual Citywide Contract (2023) (Voted Carryover) / $1,408,725.00 / ($100,000.00) / $1,308,725.00
7704 / P530301-160380 / Bridge Rehabilitation - Whittier Street Bridge Rehab and SUP Widening (Voted Carryover) / $2,588,611.00 / $100,000.00 / $2,688,611.00
SECTION 2. That the Director of Public Service be and hereby is authorized to enter into a contract modification with Complete General Construction Company, 1221 East Fifth Avenue, Columbus, Ohio 43219, for the Bridge Rehabilitation - Whittier Street Bridge Rehab project in the amount of $100,000.00, 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 3. That the expenditure of $100,000.00, 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 P530301-160380 (Bridge Rehabilitation - Whittier Street Bridge Rehab and SUP Widening), in Object Class 06 (Capital Outlay) per the accounting codes in the attachment to this ordinance.
SECTION 4. 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 5. 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 6. 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 7. 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.