Explanation
1. BACKGROUND
This ordinance authorizes the Director of Public Service to modify a professional services contract with Burgess & Niple, Inc. to add additional funds for Arterial Street Rehabilitation - Broad Street - Outerbelt Street to Reynoldsburg-New Albany Road project.
Ordinance No. 1185-2020 authorized the Director of Public Service to enter into a $500,000.00 professional services contract with Burgess & Niple for the Arterial Street Rehabilitation - Broad Street - Outerbelt Street to Reynoldsburg-New Albany Road project. The intent of this project is to design improvements to the East Broad Street corridor from Outerbelt Street to Reynoldsburg-New Albany Road. This is the second phase of a major expansion project to construct new through and turn lanes of various configurations in the E. Broad Street corridor from the east side of the I-270 interchange to the intersection of E. Broad Street and Reynoldsburg-New Albany Road.
Ordinance 0690-2023 authorized the Director of Public Service to modify the contract in the amount of $1,900,000.00 for detail design once the study from the original contract was accepted.
Ordinance 0228-2025 authorized the Director of Public Service to modify the contract in the amount of $200,000.00 for additional professional services to complete the detailed design of the project.
This ordinance authorizes the Director of Public Service to modify the contract in the amount of $235,000.00 for additional, previously unscoped design work for East Broad Phase 2 that is necessary to complete Task 4 - Detailed Design. Work by Burgess & Niple includes additional culvert, roadway, MOT, storm sewer and watermain work. Work by Lanham includes additional lighting and signal work of the project.
Ordinance 1658-2020 authorized the Director of Public Service, on behalf of the City of Columbus, to submit applications to and execute grant agreements with the Mid-Ohio Regional Planning Commission relative to the MORPC Attributable Funds Program, accept and expend awarded grant funds, and issue refunds, if necessary, for the Arterial Street Rehabilitation - Broad Street - Outerbelt Street to Reynoldsburg-New Albany Road.
1.1 Amount of additional funds to be expended: $235,000.00
The original contract amount: $500,000.00 (PO227997, Ord. 1185-2020)
The total of Modification No. 1: $1,900,000.00 (PO377963, Ord. 0690-2023)
The total of Modification No. 2: $200,000.00 (PO495415, Ord. 0228-2025)
The total of Modification No. 3: $235,000.00 (This Ordinance)
The contract amount including all modifications: $2,835,000.00
1.2 Reasons additional goods/services could not be foreseen:
This modification is necessary as a result of design changes that occurred after the initial contract fee had been negotiated and legislated and cannot be covered by contract contingency.
1.3 Reason other procurement processes are not used:
This work is within the project limits of the original contract. It would be redundant to have a separate contract to perform this work. Therefore, it was decided that it is in the best interest of the Ciy to modify the existing contract instead of bidding this part of the work.
1.4 How cost of modification was determined:
The cost of this contract modification was negotiated and reasonable based on other projects of similar size and scope.
Searches in the System for Award Management (Federal) and the Findings for Recovery list (State) produced no findings against Burgess & Niple.
2. CONTRACT COMPLIANCE
The contract compliance number for Burgess & Niple is CC004425 and expires 12/11/27.
3. FISCAL IMPACT
Funding in the amount of $235,000.00 is budgeted, available, and appropriated within the Streets and Highways Bond Fund, Fund 7704 within the Department of Public Service.
4. EMERGENCY DESIGNATION
Emergency action is requested to complete plan design, which needs to be completed to meet the MORPC funding dates to preserve the safety of the traveling public.
Title
To authorize the Director of Public Service to enter into a contract modification with Burgess & Niple, Inc., in connection with the Arterial Street Rehabilitation - Broad Street - Outerbelt Street to Reynoldsburg-New Albany Road project; to authorize the expenditure of up to $235,000.00 from the Streets and Highways Bond Fund to pay for the project; and to declare an emergency. ($235,000.00)
Body
WHEREAS, the City of Columbus is engaged in the Arterial Street Rehabilitaton - E. Broad Street - Outerbelt Street to Reynoldsburg-New Albany Rd. project; and
WHEREAS, PO227997 with Burgess & Niple, in the amount of $500,000.00, was authorized by ordinance no. 1185-2020; and
WHEREAS, modification no. 1, PO377963, in the amount of $1,900,000.00, was authorized by ordinance no. 0690-2023; and
WHEREAS, modification no. 2, PO495415, in the amount of $200,000.00, was authorized by ordinance no. 0228-2025; and
WHEREAS, it has become necessary to modify the contract in an amount up to $235,000.00 and provide additional funds for the Arterial Street Rehabilitaton - E. Broad Street - Outerbelt Street to Reynoldsburg-New Albany Road project; and
WHEREAS, it is necessary to authorize expenditures from the Streets and Highways Bond Fund relative to the modification of work for the project; 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 Burgess & Niple to prevent delays in the project schedule, to preserve the safety of the traveling public, 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 Director of Public Service be, and hereby is, authorized to enter into a contract modification with Burgess & Niple, Inc. at 330 Rush Alley, Suite 700, Columbus, Ohio, 43215, for the Arterial Street Rehabilitation - E. Broad Street - Outerbelt Street to Reynoldsburg-New Albany Road project in the amount of $235,000.00, 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 2. That the expenditure of $235,000.00, 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), Project P530103-100066 (Arterial Street Rehabilitaton - E. Broad Street - Outerbelt Street to Reynoldsburg-New Albany Road), in Object Class 06 (Capital Outlay) per the accounting codes in the attachment to this ordinance.
SECTION 3. 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.