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File #: 0437-2025    Version: 1
Type: Ordinance Status: Passed
File created: 2/8/2025 In control: Public Utilities & Sustainability Committee
On agenda: 3/24/2025 Final action: 3/27/2025
Title: To authorize the Director of the Department of Public Utilities to enter into a construction contract with The Righter Co., Inc., for the Greenlawn Dam Rehabilitation project; to authorize an amendment to the 2024 Capital Improvement Budget; to appropriate funds within the Storm Sewers Revolving Loan Fund; to make this ordinance contingent upon the Ohio Water Development Authority approving a loan for this project; and to authorize the expenditure of $2,963,978.00 from the Storm Sewers Revolving Loan Fund and the Storm Sewers Bond Fund to pay for the project. ($2,963,978.00)
Indexes: EBE Participation, MBE Participation
Attachments: 1. ORD 0437-2025 Accounting Template.pdf, 2. ORD 0437-2025 Utilization.pdf

Explanation   

1.  BACKGROUND

This ordinance authorizes the Director of Public Utilities to enter into a construction contract with The Righter Co., Inc., via the City’s Invitation for Bid process for the Greenlawn Dam Rehabilitation project, CIP #611038-100002, in an amount up to $2,961,978.00; and to encumber funds with the Department of Public Service for construction prevailing wage services in an amount up to $2,000.00, for a total expenditure of $2,963,978.00.

 

Greenlawn Low Head Dam has existing utility infrastructure running through it. These improvements will protect the existing utility infrastructure. The Greenlawn Low Head Dam requires concrete and structural repairs including repairs to the abutments, structures, and other concrete surfaces.

 

The Community Area for this ordinance will be 60, Brewery District. 

 

TIMELINE:  All work shall be substantially complete within 260 calendar days of the Notice to Proceed, with final completion to occur within 360 calendar days.

 

ESTIMATED COST OF PROJECT:  The bid amount and proposed award amount is $2,961,978.00 , including a 20% construction contingency amount that will be utilized to fund needed and approved changes in the work.  No contract modifications are anticipated at this time; however, construction exigency might later compel modification of this contract, if unforeseen difficulties are encountered.

 

Cost summary:

 

Original Contract                                          $ 2,961,978.00

Future Anticipated Needs                             $              0.00

Prevailing Wage Services                             $        2,000.00

CONTRACT TOTAL                                   $ 2,963,978.00

 

2.  ECONOMIC IMPACT/ADVANTAGES; COMMUNITY OUTREACH; PROJECT DEVELOPMENT; ENVIRONMENTAL FACTORS/ADVANTAGES OF PROJECT

This project originated from an Ohio Department of Natural Resources (ODNR) assessment of the Greenlawn Dam.  These project improvements to the low head dam will protect the existing utility infrastructure.  Based on the 2016 ODNR report, the Greenlawn Low Head Dam needs concrete and structural repairs. Improvements will include repairs to the abutments, structures, and other concrete surfaces. No community outreach was necessary.

 

3.  CONSTRUCTION CONTRACT AWARD

An Invitation for Bids for the Greenlawn Dam Rehabilitation project was advertised on the Vendor Services and Bid Express websites from 10/25/24 through 12/11/24.  Two bids were received for the project and were opened on 12/11/24.  The following companies submitted bids:

 

Company                                                Bid Amount                    Compliance Number        ODI Status

The Righter Co., Inc.                                 $2,961,978.00                          CC004433                          MAJ

Complete General Construction                             $3,231,096.00                                    CC006056                          MAJ                    

 

The Righter Co., Inc. bid was deemed the lowest, best, most responsive and responsible bid in the amount of $2,961,978.00.

 

4.  CONTRACT COMPLIANCE INFORMATION

The Righter Co., Inc.’s contract compliance number is CC004433 and expires 10/25/25.  

 

Searches in the Excluded Party List System (Federal) and the Findings for Recovery list (State) produced no findings against The Righter Co., Inc.

 

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 15% 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/WBE Program goal of 15% 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 bid documents for this contract.

The Righter Co., Inc. listed the following companies as subcontractors for this project:

 

Company Name                                                  City/State                                     ODI Certification Status

State-Wide Concrete Pumping, Inc.                    Columbus, Ohio                                             MBE

A2B Concrete Construction LLC                        Columbus, Ohio                                            MBE

Follow the River Designs, LLC                         McConnelsville, Ohio                                       EBE

M.P. Dory Co.                                                   Columbus, Ohio                                            MAJ

Garcia Surveyors Inc.                                         Columbus, Ohio                                            MBE

Bridges Bros Trucking LLC                                Columbus, Ohio                                                                 MBE

 

The certification of The Righter Co., Inc., and the above company was in good standing at the time the bid was awarded.

 

6.  PRE-QUALIFICATION STATUS

The Righter Co., Inc. and all subcontractors have met code requirements with respect to pre-qualification, pursuant to relevant sections of Columbus City Code Chapter 329. 

 

7.  FISCAL IMPACT

The construction portion of this project is anticipated to be financed with a loan from the Water Pollution Control Loan Fund (WPCLF), a program jointly administered by the Ohio EPA's Division of Environmental and Financial Assistance and the Ohio Water Development Authority (OWDA).  City Council authorized this loan application and acceptance of funding via Ordinance 2720-2024, passed by Council on 10/28/24.  This loan is expected to be approved at the OWDA March Board meeting.  This ordinance is contingent upon the loan being approved by OWDA.  The Department of Public Utilities will inform the Auditor's Office when this loan has been approved.

Funding in the amount of $2,000.00 is appropriated and available within the Storm Sewers Bond Fund, Fund 6204, to pay the Department of Public Service to provide prevailing wage services for this project.  An amendment to the 2024 Capital Improvement Budget is necessary to align budget authority with the proper project.

Title

To authorize the Director of the Department of Public Utilities to enter into a construction contract with The Righter Co., Inc., for the Greenlawn Dam Rehabilitation project; to authorize an amendment to the 2024 Capital Improvement Budget; to appropriate funds within the Storm Sewers Revolving Loan Fund; to make this ordinance contingent upon the Ohio Water Development Authority approving a loan for this project; and to authorize the expenditure of $2,963,978.00 from the Storm Sewers Revolving Loan Fund and the Storm Sewers Bond Fund to pay for the project.  ($2,963,978.00)

 

Body

WHEREAS, the Department of Public Utilities is engaged in the Greenlawn Dam Rehabilitation project; and

 

WHEREAS, two bids for the Greenlawn Dam Rehabilitation project were received and opened on 12/11/24; and

 

WHEREAS, the lowest, best, most responsive and responsible bid was from The Righter Co., Inc.; and

 

WHEREAS, Ordinance 2720-2024 authorized this project to be funded by a loan to be obtained through the Water Pollution Control Loan Fund (WPCLF) Loan Account; and

 

WHEREAS, this ordinance is contingent upon that loan being approved; and

 

WHEREAS, the 2024 Capital Improvement Budget must be modified to align budget authority with the proper project; and

 

WHEREAS, funds must be appropriated within the Storm Sewers Revolving Loan Fund, Fund 6211; and

 

WHEREAS, it is necessary to authorize the Director of the Department of Public Utilities to enter into a construction contract with The Righter Co., Inc. for the Public Sanitary Sewers for Greenlawn Dam Rehabilitation Sewer Rehab project; and

 

WHEREAS, it is necessary to authorize an expenditure of funds from the Storm Sewers Revolving Loan Fund to pay for the project; and

 

WHEREAS, it is necessary to expend funds from the Storm Sewers Bond Fund to provide for payment of prevailing wage services associated with said project; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

 

SECTION 1.  That the 2024 Capital Improvement Budget authorized by Ordinance 1907-2024 be amended as follows to establish sufficient budget authority for this project:

 

Fund / Project Number / Project Name (Funding Source) / Current Authority / Revised Authority / Change

6211 / P611038-100002 / Greenlawn Dam Rehabilitation (WPCLF Loan) / $2,500,000.00 / $3,179,343.00 / $679,343.00 (To match the loan amount)

 

6204 / P611038-100001 / Twin Lakes Dam Rehabilitation (Voted Storm Carryover) / $119,079.00 / $117,079.00 / ($2,000.00)

6204 / P611038-100002 / Greenlawn Dam Rehabilitation (Voted Storm Carryover) / $0.00 / $2,000.00 / $2,000.00

 

SECTION 2.  That the appropriation of $2,961,978.00 , or so much thereof as may be needed, is hereby authorized in the Storm Sewers Revolving Loan Fund, Fund 6211, per the accounting codes in the attachment to this ordinance.

 

SECTION 3.  That the Director of Public Utilities is hereby authorized to enter into a construction contract for the Public Sanitary Sewers for Greenlawn Dam Rehabilitation Sewer Rehab project with The Righter Co., Inc., 2424 Harrison Rd, Columbus, OH 43204, in an amount up to $2,961,978.00, in accordance with the terms and conditions of the contract on file in the Department of Public Utilities, and to obtain the necessary prevailing wage services for this project from the Department of Public Service in an amount up to $2,000.00.

 

SECTION 4.  That the expenditure of $2,963,978.00 , or so much thereof as may be needed, is hereby authorized to pay for this contract per the accounting codes in the attachment to this ordinance.

 

SECTION 5.  This ordinance is contingent upon the Ohio Water Development Authority's Board approving the loan for this project.

 

SECTION 6.  That 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 this ordinance shall take effect and be in force from and after the earliest period allowed by law.