Explanation
1. BACKGROUND
This ordinance authorizes the Director of Public Service to modify an existing contract with Double Z Construction Company to increase funding for the Intersection - Broad Street at James Road project in an amount up to $724,924.95.
Ordinance 0936-2023 authorized the Director of Public Service to enter into a contract with Double Z Construction Company for the construction of the Intersection - Broad Street at James Road project and to provide for construction administration and inspection services.
Ordinance 2338-2018 authorized the Director of Public Service, on behalf of the City of Columbus, to submit applications to and execute grant agreements with the Ohio Department of Transportation relative to the Highway Safety Improvement Program, accepted and expended awarded grant funds, and issued refunds, if necessary, for the Intersection Improvements - Broad Street at James Road.
The work performed to date for this project consists of the lighting work, as well as roadside work on all corners of the intersection and the medians on the south side. Remaining work consists of final surface paving, striping, and signal work.
The work for this modification will consist of compensation to the contractor for delay costs associated with utility delays as the contractor was unable to work during the period.
1.1 Amount of additional funds to be expended: $724,924.95
The original contract amount, no inspection: $5,827,391.25 (PO382699, Ord. 0936-2023)
The total of Modification No. 1, no inspection: $724,924.95 (This Ordinance)
The contract amount including all modifications: $6,552,316.20
1.2 Reasons additional goods/services could not be foreseen:
This was not an anticipated modification. A delay to the project was encountered because of an unidentified AT&T line that was in direct conflict with the underground detention system designed for the plans. The designer had a line shown in the plans that was not identified as telecom, nor identified as a conflict. AT&T also did not identify the conflict during plan design. The issue was uncovered during construction resulting in a near year-long delay to redesign the project around the AT&T line because it had critical lines on it that would have resulted in a longer relocation timeline. This modification will allow work to proceed and payments to be made to contractor for costs of delay.
1.3 Reason other procurement processes are not used:
Further delay through use of procurement other than emergency modification will cost delay costs, incurred by contractor, to rise even further.
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. The calculation of delay costs were based on the contractor’s submitted Delay Summary, which included extra labor, material cost increases, extended overhead, and seasonal remobilization tied to project delays and change orders. The primary causes of these extra costs were plan revisions related to storm drainage, unforeseen site conditions, and delays in the project schedule, resulting in both delay-related and regular change orders. To help offset the extra costs, the project eliminated unnecessary items during plan revisions by removing storm structures, pipes, street trees, and similar elements.
Searches in the System for Award Management (Federal) and the Findings for Recovery list (State) produced no findings against Double Z Construction Company.
2. CONTRACT COMPLIANCE
The contract compliance number for Double Z Construction Company is CC-005966 and expires 6/3/27.
3. Pre-Qualification Status
Double Z 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 for this contract modification is a reimbursable budgeted expense of $724,924.95 within the Federal Transportation Grant Fund, Fund 7765, Grant #G592104 (Broad St at James Rd 110388). Funds need to be appropriated.
5. EMERGENCY DESIGNATION
Emergency action is requested to prevent further and more costly delays in the completion of modification 1 for the Intersection Improvements - Broad Street at James Road project to facilitate the completion of the project’s planned improvements in a timely manner, to ensure the safety of the traveling public.
Title
To appropriate funds within the Federal Transportation Grants Fund; to authorize the Director of Public Service to enter into a contract modification with Double Z Construction Company to increase funding in connection with the Intersection Improvements - Broad Street at James Road projects; to authorize the expenditure of up to $724,924.95 from the Federal Transportation Grants Fund; to repay any unused grant funds at the end of the grant period; and to declare an emergency. ($724,924.95)
Body
WHEREAS, contract no. PO382699 with Double Z Construction Company, in the amount of $5,827,391.25, was authorized by ordinance no. 0936-2023; and
WHEREAS, it has become necessary to modify the contract in an amount up to $724,924.95 for the purpose of performing plan revisions and compensation as a result of project delays and change orders in the Intersection Improvements - Broad Street at James Road projects; and
WHEREAS, funds must be appropriated within the Federal Transportation Grants Fund; and
WHEREAS, it is necessary to authorize expenditures from the Federal Transportation Grants Fund for this contract; 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 a contract modification with Double Z Construction Company to increase funding to account for an unidentified AT&T line that was in direct conflict with the underground detention system designed for the project plans, to prevent further and more costly delays in the completion of the construction schedule, to ensure 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 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 $750,000.00 is appropriated in Fund 7765 (Federal Transportation Grants Fund), Dept-Div 5912 (Design and Construction), Grant G592104 (Broad St at James Rd 110388), in Object Class 06 (Capital Outlay) per the account codes in the attachment to this ordinance.
SECTION 2. That the Director of Public Service be and hereby is authorized to enter into a contract modification with Double Z Construction Company, 2550 Harrison Road, Columbus, Ohio 43204, for the Intersection Improvements - Broad Street at James Road project to increase funding in the amount of $724,924.95, 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 $724,924.95 or so much thereof as may be needed, is hereby authorized in Fund 7765 (Federal Transportation Grants Fund), Dept-Div 5912 (Design and Construction), Grant G592104 (Broad St at James Rd 110388), in Object Class 06 (Capital Outlay) per the account 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. 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 8. 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.