Explanation
1. BACKGROUND
This ordinance authorizes the Director of Public Service to enter into contract with Bituminous Pavement Systems, LLC for the Resurfacing - 2023 Slurry Seal - Crack Seal project and to provide payment for construction, construction administration, and inspection services.
This contract consists of crack sealing 125 city streets and slurry sealing 153 city streets. The work consists of applying crack seal and slurry seal along those streets, 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.
The estimated Notice to Proceed date is October 19, 2023. The project was led by the Office of Support Services through Vendor Services and Bid Express. Two bids were received on August 22, 2023 (both majority) and tabulated as follows:
Company Name Bid Amount City/State Majority/ODI Certification
Bituminous Pavement Systems, Inc. $2,214,333.55 Columbus, OH Majority
Strawser Construction, Inc. $2,771,391.54 Columbus, OH Majority
Award is to be made to Bituminous Pavement Systems, LLC as the lowest responsive and responsible and best bidder for their bid of $2,214,333.55. The amount of construction administration and inspection services will be $199,290.02. The total legislated amount is $2,413,623.57.
Searches in the System for Award Management (Federal) and the Findings for Recovery list (State) produced no findings against Bituminous Pavement Systems, LLC.
As part of their bid Bituminous Pavement Systems, LLC has proposed the following subcontractors to work on the project:
Company Name City/State Majority/ODI Certification
Pavement Maintenance Systems Imlay City, MI MAJ
Cap-Stone & Associates Columbus, Ohio MBE
Griffin Pavement Striping Columbus, Ohio MAJ
Minority vendor certifications were in good standing at the time the bid was awarded.
2. CONTRACT COMPLIANCE INFORMATION
The contract compliance number for Bituminous Pavement Systems, LLC is CC014148 and expires 1/17/25.
3. PRE-QUALIFICATION STATUS
Bituminous Pavement Systems, LLC 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
Funding in the amount of $2,413,623.57 is available and appropriated within the Streets and Highways Bond Fund, Fund 7704. An amendment to the 2023 Capital Improvement Budget 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 anticipated City of Columbus MBE/FBE Program goal of 10% as assigned by the City’s Office of Diversity and Inclusion (ODI). After ODI’s review of the Utilization Plan and other related information the contractor submitted with their bid response, ODI has approved an MBE/FBE Program goal of 0.43% for this contract. 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/FBE 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 within the 2023 construction season to streets at the earliest possible time to ensure the safety of the travelling public.
Title
To amend the 2023 Capital Improvement budget; to authorize the Director of Public Service to enter into contract with Bituminous Pavement Systems, LLC for the Resurfacing - 2023 Slurry Seal - Crack Seal project; to authorize the expenditure of up to $2,413,623.57 from the Streets and Highways Bond Fund, project; and to declare an emergency. ($2,413,623.57)
Body
WHEREAS, the Department of Public Service is engaged in the Resurfacing - 2023 Slurry Seal - Crack Seal project; and
WHEREAS, the work for this project consists of crack sealing 125 city streets and slurry sealing 153 city streets wherein the work consists of applying crack seal and slurry seal along those streets, 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, Bituminous Pavement Systems, LLC will be awarded the contract for the Resurfacing - 2023 Slurry Seal - Crack Seal project; and
WHEREAS, the Department of Public Service requires funding to be available for the Resurfacing - 2023 Slurry Seal - Crack Seal project for construction expense along with construction administration and inspection services; and
WHEREAS, it is necessary to amend the 2023 Capital Improvement Budget to establish authority within the correct project; 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 after ODI’s review of the Utilization Plan and other related information the contractor submitted with their bid response has approved an MBE/WBE Program goal of 0.43% for this contract; 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 enter into contract with Bituminous Pavement Systems, LLC to ensure the safety of the traveling public and to ensure the improvements will be completed within the 2023 construction season, all for the immediate preservation of the public health, peace, property, safety and welfare; and NOW, THEREFORE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the 2023 Capital Improvements Budget authorized by ordinance 1711-2023 be amended as follows to establish sufficient authority for this project:
Fund / Project / Project Name / Current / Change /C.I.B. as Amended
7704 / P530282-100051 / Resurfacing - Resurfacing Projects (Voted Carryover) / $1,108,517.00 / ($1,108,517.00) / $0.00
7704 / P530282-100110 / Resurfacing - West Broad Street Urban Paving (PID 86645) (Voted Carryover) / $402,833 / ($402,833) / $0.00
7704 / P530282-100120 / Resurfacing - Urban Paving-FRA 23-18.53 (Morse Rd and High St) (Voted Carryover) / $101,199.00 / ($101,199.00) / $0.00
7704 / P530282-100156 / Resurfacing - Urban Paving - FRA - 317-16.21 (Hamilton Rd) (Voted Carryover) / $250,000 / ($250,000.00) / $0.00
7704 / P530282-912023 / Resurfacing - 2023 Project 1 (Voted Carryover) / $9,764,510.00 / ($1.00) / $9,764,509.00
7704 / P530282-922022 / Resurfacing - 2022 Project 2 (Voted Carryover) / $1.00 / ($1.00) / $0.00
7704 / P530282-100121 / Resurfacing - Urban Paving-FRA 62-12.44 (Town St/Glenwood Ave/Rich St) (Voted Carryover) / $39,329.00 / ($39, 329.00) / $0.00
7704 / P530282-100145 / Resurfacing - Pavement and Asset Management 2019 (Voted Carryover) / $73,000.00 / ($73,000.00) / $0.00
7704 / P530282-100117 / Resurfacing - Resurfacing Coordination with future DPU projects (Voted Carryover) / $1,000,000.00 / ($438,744.00) / $561,256.00
7704 / P530282-942023 / Resurfacing - 2023 Slurry Seal-Crack Seal Project (Voted Carryover) / $0.00 / $2,413,624.00 / $2,413,624.00
SECTION 2. That the Director of Public Service be and is hereby authorized to enter into a construction services contract with Bituminous Pavement Systems, LLC, 1595 Frank Road, Columbus, Ohio 43223, for the Resurfacing - 2023 Slurry Seal-Crack Seal project in the amount of up to $2,214,333.55 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 $199,290.02.
SECTION 3. That the expenditure of $2,413,623.57, 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 P530282-942023 (Resurfacing - 2023 Slurry Seal-Crack Seal), 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.