Explanation
1.0 BACKGROUND: This legislation authorizes the Director of Public Utilities to enter into a construction contract with Complete General Construction Company for the Linden Neighborhood Stormwater System Improvements Phase 2 Project in an amount up to $2,628,930.66; and to encumber funds with the Department of Public Service for prevailing wage services in an amount up to $2,000.00; for Capital Improvements Project No. 610785-100000.
Work performed will be mostly in the North Linden planning area and one site in the Near East planning area. Work will include construction of the mitigation of street and yard flooding, and reduce roadside drainage problems at eight defined locations within or near the Linden Neighborhood of the City of Columbus. Areas include Emerald Avenue, Framingham Circle, Ganson Drive, Walmar Drive, Northridge Road, and Medina Avenue.
No future phases are expected at this time. Other work as may be necessary to complete the contract, in accordance with the drawings, technical specifications, special provisions, and City of Columbus Construction and Material Specifications as set forth in this Invitation for Bid (IFB).
Planning Area - 40 North Linden
2.0 ECONOMIC IMPACT/ADVANTAGES; COMMUNITY OUTREACH; PROJECT DEVELOPMENT; ENVIRONMENTAL FACTORS/ADVANTAGES OF PROJECT:
This project would mitigate street and yard flooding, and reduce roadside drainage problems within or near the Linden Neighborhood of the City of Columbus. Areas include Emerald Avenue, Framingham Circle, Ganson Drive, Walmar Drive, Northridge Road, and Medina Avenue. This project will benefit the public by improving safety and property damage concerns
3.0 CONSTRUCTION CONTRACT AWARD: The Director of Public Utilities publicly opened three (3) bid on December 14, 2022:
1. Complete General Construction Company $2,628,930.66
2. Elite Excavating Co. of Ohio, Inc. $2,771,649.00
3. Danbert, Inc $3,293,147.94
Complete General Construction Company’s bid was deemed the lowest, best, most responsive and responsible bid in the amount of $2,628,930.66. Their Contract Compliance Number is 31-4366382 (expires 6/8/2023, MAJ) and their DAX Vendor No. is 006056.
Searches in the Excluded Party List System (Federal) and the Findings for Recovery list (State) produced no findings against Complete General Construction Company
3.1. 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). 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 10% 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 “City of Columbus MBE/WBE Program Special Provision” that were part of the bid documents for this contract.
3.2 PRE-QUALIFICATION STATUS: Complete General Construction Company and all proposed subcontractors have met code requirements with respect to pre-qualification, pursuant to relevant sections of Columbus City Code Chapter 329.
4.0 FISCAL IMPACT: This project has been approved for below market-rate loan financing through the Ohio Environmental Protection Agency’s Water Pollution Control Loan Fund (WPCLF) which is administered by the Ohio Water Development Authority (OWDA). The loan award is expected in February 2023 when an OWDA Loan Account number will be assigned. Federal Davis-Bacon Wage Rates and Requirements will apply. Funding for Prevailing Wage Services ($2,000.00) payable to the Department of Public Service will come from the Storm Sewer G.O. Fund 6204, and an amendment to the 2022 Capital Improvement Budget is necessary to align budget authority with the proper project. It is also necessary to transfer cash within Fund 6204 to align them with the proper project.
There is sufficient funding within the Storm Water General Obligation Bond Fund - Fund No. 6204, however, an amendment to the 2022 Capital Improvements Budget will be necessary.
5.0 EMERGENCY DESIGNATION: Emergency designation is requested so unsafe conditions caused by flooding and drainage problems can be corrected as soon as possible, and property damage caused by flooding and drainage issues can be eliminated avoiding further repair expense to the City and private property owners.
Title
To authorize the Director of Public Utilities to enter into a construction contract with Complete General Construction Company for the Linden Neighborhood Storm Water System Improvements Phase 2 Project in an amount up to $2,628,930.66; to authorize the appropriation and expenditure of up to $2,628,930.66 from the Ohio Water Development Loan Fund; to authorize an expenditure of up to $2,000.00 from the Storm Water G.O. Fund; to amend the 2022 Capital Improvements Budget, to authorize a transfer of cash and appropriation within the Storm Water Bond Fund; and to declare an emergency. ($2,630,930.66)
Body
WHEREAS, three (3) bids for the Linden Neighborhood Stormwater System Improvements Phase 2 Project were received and publicly opened in the offices of the Director of Public Utilities on December 21, 2022; and
WHEREAS, the lowest, best, most responsive and responsible bid was from Complete General Construction Company in the amount of $2,628,930.66; and
WHEREAS, it is necessary to authorize the Director of the Department of Public Utilities to enter into a construction contract for the Linden Neighborhood Stormwater System Improvements Phase 2 Project; and
WHEREAS, it is necessary to authorize an appropriation and expenditure of up to $2,628,930.66 within the Ohio Water Development Authority Storm Sewers Fund 6211; and
WHEREAS, it is necessary to authorize an amendment to the 2022 Capital Improvements Budget for the purpose of providing sufficient budget authority for the aforementioned project expenditure; and
WHEREAS, a transfer of cash within the Storm Water G.O. Bond Fund, Fund 6204, is needed to align cash with the proper project; and
WHEREAS, it is necessary to authorize an expenditure of up to $2,000.00 within the Storm Sewer G.O. Bond Fund, Fund 6204 for Prevailing Wage Services; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Utilities in that it is immediately necessary to authorize the Director to enter into a construction contract with Complete General Construction Company for the Linden Neighborhood Stormwater System Improvements Phase 2 Project so unsafe conditions caused by flooding and drainage problems can be corrected as soon as possible, and property damage caused by flooding and drainage issues can be eliminated avoiding further repair expense to the City and private property owners, 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 the Director of Public Utilities is hereby authorized to enter into a construction contract for the Linden Neighborhood Stormwater System Improvements Phase 2 Project with Complete General Construction Company (FID #31-4366382), 1221 East Fifth Avenue Columbus, OH 43219, in an amount up to $2,628,930.66; in accordance with the terms and conditions of the contract on file in the Office of the Division of Sewerage and Drainage; and to obtain the necessary prevailing wage services from the Department of Public Service and to pay up to a maximum amount of $2,000.00 for them.
SECTION 2. That the 2022 Capital Improvements Budget is amended, as authorized per the accounting codes in the attachment to this ordinance.
SECTION 3. That a transfer of cash between projects within the Storm Sewer Bond Fund, Fund 6204, is authorized per the accounting codes attached to this ordinance.
SECTION 4. That the appropriation and expenditure of up to $2,630,930.66, or so much thereof as may be needed, is hereby authorized per the accounting codes in the attachment to this ordinance.
SECTION 5. That the City Auditor is hereby authorized to transfer any unencumbered balance in the project account to the unallocated balance 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; except that no transfer shall be made from a project by monies from more than one source.
SECTION 6. That the funds necessary to carry out the purpose of this ordinance are hereby deemed appropriated 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 authorized to establish proper project accounting numbers as appropriate.
SECTION 9. That for the reasons stated in the preamble hereto, which is made a part hereof, this Ordinance is 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 (10) days after passage if the Mayor neither approves nor vetoes this Ordinance.