Explanation
1. BACKGROUND
This ordinance authorizes the Director of Public Service to modify a professional services contract with Burgess & Niple 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 widening 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.
This ordinance authorizes 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.
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: $200,000.00
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 (This Ordinance)
The contract amount including all modifications: $2,600,000.00
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 cannot be covered by contract contingency. Work includes additional lighting, signal, and interconnect work, Roadway Subsummaries and Drainage Subsummaries, and performing a Noise Analysis and a Qualitative Mobile Source Air Toxics (MSAT) Analysis per ODOT's direction, all of which were not included in the original base fee. Work also includes the addition of Pavement Elevation sheets and Waterline sheets, that were not included in the original scope or base fee.
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 is consistent with the direct labor, overhead, and profit rates established within the original proposal/contract.
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 01/10/26.
3. FISCAL IMPACT
Funding for this contract is available within Fund 4428, the E. Broad Dominion TIF Fund. It is necessary to appropriate funds and then transfer cash to Fund 7428, E. Broad Dominion TIF Capital Fund to expend funds. It is also necessary to appropriate the funds.
4. MINORITY AND WOMAN OWNED BUSINESS ENTERPRISE & SMALL LOCAL BUSINESS ENTERPRISE PROGRAM
This expenditure is to modify a contract that was put in place prior to the implementation of the Minority and Woman Owned Business Enterprise & Small Local Business Enterprise program and as such is not a part of the program.
5. EMERGENCY DESIGNATION
Emergency action is requested to complete plan design that affects the Right of Way design, which needs to be completed this spring so that Acquisition can begin in April 2025 and meet the MORPC funding dates to preserve the safety of the traveling public.
Title
To appropriate funds within the E. Broad Dominion TIF Fund; to authorize the transfer of funds between the E. Broad Dominion TIF Fund and E. Broad Dominion TIF Capital Fund; to appropriate funds within the E. Broad Dominion TIF Capital Fund; to authorize the Director of Public Service to enter into a contract modification with Burgess & Niple in connection with the Arterial Street Rehabilitaton - E. Broad Street - Outerbelt Street to Reynoldsburg-New Albany Road project; to authorize the expenditure of up to $200,000.00 from the E. Broad Dominion TIF Capital Fund for the project; and to declare an emergency. ($200,000.00)
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, it has become necessary to modify the contract in an amount up to $200,000.00 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 appropriate funds in Fund 4428, the E. Broad Dominion TIF Fund; and
WHEREAS, it is necessary for Council to authorize a transfer of funds between Fund 4428, the E. Broad Dominion TIF Fund and Fund 7428, E. Broad Dominion TIF Capital Fund, to establish sufficient cash to pay for the project; and
WHEREAS, it is necessary to appropriate funds in Fund 7428, E. Broad Dominion TIF Capital Fund; and
WHEREAS, funds in the amount of up to $200,000.00 will be expended from Fund 7428, E. Broad Dominion TIF Capital Fund, to pay for this project; and
WHEREAS, it is necessary to authorize expenditure of funds relative to the modification of work for the project; and
WHEREAS, this expenditure is to modify a contract that was put in place prior to the implementation of the Minority and Woman Owned Business Enterprise & Small Local Business Enterprise Program and as such is not a part of the program; 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 of Public Service to enter into a contract modification with Burgess & Niple to provide additional funding for professional services to complete the detailed design of the project to prevent delays in the project schedule 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 $200,000.00 is appropriated in Fund 4428 (E. Broad Dominion TIF Fund), Dept-Div 4402 (Economic Development), in Object Class 10 (Transfer Out Operating) per the account codes in the attachment to this ordinance.
SECTION 2. That the transfer of $200,000.00 or so much thereof as may be needed, is hereby authorized from Fund 4428 (Lucent Commercial TIF), Dept-Div 4402 (Economic Development) to Fund 7428 (E. Broad Dominion TIF Fund), Dept-Div 5912 (Design and Construction) per the account codes in the attachment to this ordinance.
SECTION 3. 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 $200,000.00 is appropriated in Fund 7428 (E. Broad Dominion TIF Capital Fund), Dept-Div 5912 (Design and Construction), Project P530103-100066 (Arterial Street Rehabilitaton - E. Broad Street - Outerbelt Street to Reynoldsburg-New Albany Rd.), in Object Class 06 (Capital Outlay) per the account codes in the attachment to this ordinance.
SECTION 4. That the Director of Public Service be, and hereby is, authorized to enter into a contract modification with Burgess & Niple at 330 Rush Alley, Suite 700, Columbus, Ohio, 43215, for the Arterial Street Rehabilitaton - E. Broad Street - Outerbelt Street to Reynoldsburg-New Albany Rd. project in the amount of $200,000.00, 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 5. That the expenditure of $200,000.00, or so much thereof as may be needed, is hereby authorized in Fund 7428 (E. Broad Dominion TIF Capital Fund), Dept-Div 5912 (Design and Construction), Project P530103-100066 (Arterial Street Rehabilitaton - E. Broad Street - Outerbelt Street to Reynoldsburg-New Albany Rd.), in Object Class 06 (Capital Outlay) per the accounting codes in the attachment to this ordinance.
SECTION 6. 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 7. 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 8. 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 9. 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.