Explanation
1. BACKGROUND
This ordinance authorizes the Director of Public Service to enter into contract with Danbert Electric Corp for the Signals - Summit Street - Warren Street to E 7th Avenue project and to provide payment for construction, construction administration and inspection services.
This project consists of replacing and upgrading to current standards the existing traffic signals along Summit Street from Warren Street to Seventh Avenue. Work also includes curb ramp and sidewalk replacement, curb extensions, storm sewer installation, traffic control (signage and striping), waterline and hydrant work, pavement resurfacing, and DOP electric and lighting relocations, 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.
Ordinance 2223-2021 authorized the Director of Public Service, on behalf of the City of Columbus, to submit applications to and execute grant agreements with the Ohio Public Works Commission relative to the Local Transportation Improvement Program and State Capital Improvement Program. The ordinance also authorized the Director of Public Service to accept and expend awarded grant funds and issue refunds, if necessary, for the Signals - Summit Street - Warren Street to E 7th Avenue project.
The estimated Notice to Proceed date is May 30, 2023. The project was let by the Office of Support Services through Vendor Services and Bid Express. Two bids were received on April 13, 2023, (both majority) and tabulated as follows:
Company Name Bid Amount City/State Majority/ODI Certification
Danbert Electric Corp $3,658,564.23 Plain City, Ohio Majority
Complete General Construction $3,960,067.49 Columbus, OH Majority
Award is to be made to Danbert Electric Corp. as the lowest responsive and responsible and best bidder for their bid of $3,658,564.23. The amount of construction administration and inspection services will be $365,856.42. The total legislated amount is $4,024,420.65.
Searches in the System for Award Management (Federal) and the Findings for Recovery list (State) produced no findings against Danbert Electric Corp.
As part of their bid Danbert Electric Corp. has proposed the following subcontractors to work on the project:
Company Name City/State Majority/ODI Certification
Garcia Surveyors Columbus, OH MBE
Decker Construction Company Columbus, OH Majority
Strawser Paving Company Columbus, OH Majority
Paul Peterson Co. Columbus, OH Majority
Griffin Pavement Striping Columbus, OH Majority
Danbert, Inc. Plain City, OH Majority
Gudenkauf, LLC Columbus, OH Majority
Goldtech (Supplier) Columbus, OH MBE
2. CONTRACT COMPLIANCE INFORMATION
The contract compliance number for Danbert Electric Corp. is CC023222 and expires 07/23/2023.
3. PRE-QUALIFICATION STATUS
Danbert Electric Corp. 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
An award from the Ohio Public Works Commission will partially fund this project through a reimbursable budgeted expense of $999,999.00 within the OPWC Grants and Loans Fund, Fund 7763. Funds will need to be appropriated.
The remaining funding of $3,024,421.65 for this contract is budgeted, available, and appropriated within Fund 2265, the Street Construction Maintenance and Repair Fund.
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 in order to complete needed improvements at the earliest possible time and meet the requirements of the start date for the Ohio Public Works Commission funding award to avoid penalty and to ensure the safety of the traveling public.
Title
To appropriate funds within the OPWC Grants and Loans Fund; to authorize the Director of Public Service to enter into contract with Danbert Electric Corp. for the Signals - Summit Street - Warren Street to E 7th Avenue project; to authorize the expenditure of up to $4,024,420.65 from the OPWC Grants and Loans Fund and the Street Construction Maintenance and Repair Fund for the project; to repay any unused grant funds at the end of the grant period; and to declare an emergency. ($4,024,420.65)
Body
WHEREAS, the Department of Public Service is engaged in the Signals - Summit Street - Warren Street to E 7th Avenue project; and
WHEREAS, the work for this project consists of replacing and upgrading to current standards the existing traffic signals along Summit Street from Warren Street to Seventh Avenue. Work also includes curb ramp and sidewalk replacement, curb extensions, storm sewer installation, traffic control (signage and striping), waterline and hydrant work, pavement resurfacing, and DOP electric and lighting relocations; 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, Danbert Electric Corp. will be awarded the contract for the Signals - Summit Street - Warren Street to E 7th Avenue project; and
WHEREAS, the Department of Public Service requires funding to be available for the Signals - Summit Street - Warren Street to E 7th Avenue project for construction expense along with construction administration and inspection services; and
WHEREAS, Ohio Public Works Commission grant funds will be used to pay for a portion of this project; and
WHEREAS, funds must be appropriated within the OPWC Grants and Loans Fund, Fund 7763; 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 contract with Danbert Electric Corp. to complete needed improvements at the earliest possible time and meet the requirements of the start date for the Ohio Public Works Commission funding award to avoid penalty and 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 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, 2023, the sum of $999,999.00 is appropriated in Fund 7763 (OPWC Grants and Loans Fund), Dept-Div 5912 (Design and Construction), Grant G592204 (Summit Street Signals DCZ04), 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 is hereby authorized to enter into a construction services contract with Danbert Electrical Corp., 7991 Memorial Drive, Plain City, OH 43064, for the Signals - Summit Street - Warren Street to E 7th Avenue project in the amount of up to $3,658,564.23 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 $365,856.42.
SECTION 3. That the expenditure of $999,999.00, or so much thereof as may be needed, is hereby authorized in Fund 7763 (OPWC Grants and Loans Fund), Dept-Div 5912 (Design and Construction), Project G592204 (Summit Street Signals DCZ04), Object Class 06 (Capital Outlay) per the accounting codes in the attachment to this ordinance.
SECTION 4. That the expenditure of $3,024,421.65, or so much thereof as may be needed, is hereby authorized in Fund 2265 (Street Construction Maintenance and Repair Funds), Dept-Div 5913 (Traffic Management), in Object Class 06 (Capital Outlay) per the accounting codes in the attachment to this ordinance.
SECTION 5. 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 6. 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 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.