Explanation
1. BACKGROUND: This legislation authorizes the Director of Public Utilities to enter into a construction contract with Beaver Excavating Company, up to the amount of $84,284,378.64, for the Columbus Upground Reservoirs - Reservoir Site No. 2 Project, Division of Power and Water Contract Number 1032-Part 1.
This project is a result of the Water Beyond 2000 Feasibility Study and will construct one of three reservoirs in northwest Delaware County. The reservoir is needed to meet the long range water supply needs of the communities served by the Columbus Division of Power and Water and Del-Co Water Company. Construction includes a Class I dam embankment and a composite compacted clay liner bottom; inlet structure, outlet structure, overflow structure, associated piping, equipment, and site work.
2. CONSTRUCTION CONTRACT AWARD: The Director of Public Utilities publicly opened six bids on January 26, 2011. Bids were received from: Beaver Excavating Company - $76,622,162.40; Ames Construction Inc. - $93,819,600.00; Tully Construction Co., a Joint Venture w/Thalle Construction Co. - $100,745,820.00; E.S. Wagner Co. - $108,136,638.75; Kenmore Construction Co. - $109,643,100.00; and Barnard Construction Co. - $116,624,235.00.
The lowest and best bid was from Beaver Excavating Company in the amount of $76,622,162.40. Their Contract Compliance Number is 34-0905531 (6/23/12, Majority). Additional information regarding all bidders, description of work, contract time frame and detailed amounts can be found on the attached Information form.
The Division of Power and Water is increasing the legislative authority in order to have available additional contingency of $7,662,216.24, which is 10% of the contract total. The Division has determined that the 5% contingency currently included in the contract may be insufficient to cover unforeseen conditions that may arise during construction. The contract will be established in the amount of the bid, or $76,622,162.40.
Searches in the Excluded Party List System (Federal) and the Findings for Recovery list (State) produced no findings against Beaver Excavating Company.
3. EMERGENCY DESIGNATION: Approximately 7 million cubic yards of soil will be moved to construct this reservoir. Construction is weather dependent and cannot take place when the ground is frozen. Furthermore, the Ohio Department of Natural Resources (ODNR) prohibits reservoir construction between December 1 and April 15. Emergency legislation is requested so that construction can begin as soon as possible so that the contractor can take full advantage of the prime construction season and maximize the work that can be completed before construction must be halted for the winter months.
4. FISCAL IMPACT: The Division of Power and Water will be transferring funds from projects with remaining monies from the 2009 Bond Sale, within the Water Build America Bonds Fund, in order to fund this project. An amendment to the 2011 Capital Improvements Budget will also be necessary.
Title
To authorize the Director of Public Utilities to execute a construction contract with Beaver Excavating Company for the Columbus Upground Reservoirs - Reservoir Site No. 2 Project; for the Division of Power and Water; to authorize a transfer of funds within the Water Build America Bonds Fund; to authorize an expenditure up to $84,284,378.64 within the Water Build America Bonds Fund; to amend the 2011 Capital Improvements Budget; and to declare an emergency. ($84,284,378.64)
Body
WHEREAS, six bids for the Columbus Upground Reservoirs - Reservoir Site No. 2 Project were received and publicly opened in the offices of the Director of Public Utilities on January 26, 2011; and
WHEREAS, the lowest and best bid was from Beaver Excavating Company in the amount of $76,622,162.40; and
WHEREAS, the Division of Power and Water has determined the 5% contingency included in the contract may be insufficient to cover unforeseen conditions that may arise during construction; and
WHEREAS, the Division of Power and Water is increasing the legislative authority in order to have available additional contingency of $7,662,216.24 for the reason stated above; and
WHEREAS, it is necessary to authorize the Director of the Department of Public Utilities to award and execute a construction contract for the Columbus Upground Reservoirs - Reservoir Site No. 2 Project; and
WHEREAS, the contract will be established in the amount of the bid, or $76,622,162.40; and
WHEREAS, it is necessary for this Council to authorize the transfer and expenditure of funds within the Water Build America Bonds Fund, for the Division of Power and Water; and
WHEREAS, it is necessary to authorize an amendment to the 2011 Capital Improvements Budget for the purpose of providing sufficient spending authority for the aforementioned project expenditure; and
WHEREAS, an emergency exists in the usual daily operation of the Division of Power and Water, Department of Public Utilities, in that it is immediately necessary to authorize the Director of Public Utilities to enter into a construction contract with Beaver Excavating Company, for the Columbus Upground Reservoirs - Reservoir Site No. 2 Project, in an emergency manner in order to take advantage of the prime construction season and maximize the work that can be completed before construction must be halted for the winter months; for the immediate preservation of the public health, peace, property and safety; now therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the Director of Public Utilities be and hereby is authorized to award and execute a construction contract for the Columbus Upground Reservoirs - Reservoir Site No. 2 Project with the lowest and best bidder, Beaver Excavating Company, 2000 Beaver Place Ave., S.W., Canton, Ohio 44706; up to the amount of $84,284,378.64; in accordance with the terms and conditions of the contract on file in the Office of the Division of Power and Water.
SECTION 2. That the City Auditor is hereby authorized to transfer $25,291,748.26 (remaining funds from the 2009 Bond Sale) within the Department of Public Utilities, Division of Power and Water, Water Build America Bonds Fund, Fund No. 609, Dept/Div. No. 60-09, Object Level Three 6621, as follows:
Fund No. | Project No. | Project Name | OCA Code | Change
609 | 690026-100003 (carryover) | 910 Fire Alarm Sys. | 692603 | -$1,000,000
609 | 690236-100023 (carryover) | 2nd St. W.L. Imp's | 623623 | -$1,139,750.48
609 | 690291-100000 (carryover) | PAWP Imp. Fac. | 609291 | -$69,983.35
609 | 690331-100000 (carryover) | HCWP Lagoon Sldg. Rmvl. | 609331 | -$5,500,001.86
609 | 690391-100000 (carryover) | HCWP "A" Pump Rehab. | 606391 | -$200,000
609 | 690404-100000 (carryover) | Livingston Ave. W.M. | 609404 | -$1,800,000
609 | 690411-100000 (carryover) | Griggs Reservoir Maint. | 609411 | -$68,017
609 | 690414-100000 (carryover) | PAWP Sludge Disposal | 609414 | -$1,785,006.02
609 | 690421-100000 (carryover) | Watershed Prot. Easements | 609421 | -$200,000
609 | 690441-100000 (carryover) | Alum Crk. Pump Sta. | 609441 | -$500,000
609 | 690449-100000 (carryover) | Dublin Rd. 36" W.M. | 609449 | -$7,776,835.83
609 | 690473-100004 (carryover) | Fisher Rd. Drainage Boost. Sta. | 694734 | -$300,000
609 | 690477-100000 (carryover) | Water Storage Tank Ptng. | 609477 | -$1,000,000
609 | 690479-100000 (carryover) | Security Enhancements | 609479 | -$1,400,000
609 | 690485-100000 (carryover) | Technology Resources | 609485 | -$52,153.72
609 | 690494-100000 (carryover) | DRWP Low Svc. Pumps | 609494 | -$2,500,000
609 | 690370-100000 (carryover) | Upground Reservoir | 609370 | +$25,291,748.26
SECTION 3. That the 2011 Capital Improvements Budget is hereby amended as follows:
Fund No. | Proj. No. | Proj. Name | Current Authority | Revised Authority | Change
609 | 690026-100003 (carryover) | 910 Fire Alarm Sys. | $1,000,000 | $0 | -$1,000,000
609 | 690236-100023 (carryover) | 2nd St. W.L. Imp's | $1,139,751 | $0 | -$1,139,751
609 | 690291-100000 (carryover) | PAWP Imp. Fac. | $69,983 | $69,984 | +$1 (to match cash)
609 | 690291-100000 (carryover) | PAWP Imp. Fac. | $69,984 | $0 | -$69,984
609 | 690331-100000 (carryover) | HCWP Lagoon Sldg. Rmvl. | $5,500,002 | $0 | -$5,500,002
609 | 690391-100000 (carryover) | HCWP "A" Pump Rehab. | $200,000 | $0 | -$200,000
609 | 690404-100000 (carryover) | Livingston Ave. W.M. | $1,800,000 | $0 | -$1,800,000
609 | 690411-100000 (carryover) | Griggs Reservoir Maint. | $68,017 | $0 | -$68,017
609 | 690414-100000 (carryover) | PAWP Sludge Disposal | $1,785,007 | $0 | -$1,785,007
609 | 690421-100000 (carryover) | Watershed Prot. Easements | $200,000 | $0 | -$200,000
609 | 690441-100000 (carryover) | Alum Crk. Pump Sta. | $500,000 | $0 | -$500,000
609 | 690449-100000 (carryover) | Dublin Rd. 36" W.M. | $7,776,836 | $0 | -$7,776,836
609 | 690473-100004 (carryover) | Fisher Rd. Drainage Boost. Sta. | $300,000 | $0 | -$300,000
609 | 690477-100000 (carryover) | Water Storage Tank Ptng. | $1,000,000 | $0 | -$1,000,000
609 | 690479-100000 (carryover) | Security Enhancements | $1,400,000 | $0 | -$1,400,000
609 | 690485-100000 (carryover) | Technology Resources | $52,154 | $0 | -$52,154
609 | 690494-100000 (carryover) | DRWP Low Svc. Pumps | $2,500,000 | $0 | -$2,500,000
609 | 690370-100000 (carryover) | Upground Reservoir | $92,889,018 | $118,180,767 | +$25,291,749
SECTION 4. That the expenditure up to $25,291,748.26 is hereby authorized for the Columbus Upground Reservoirs - Reservoir Site No. 2 Project within the Water Build America Bonds Fund (remaining funds from 2009 Bond Sale), Fund No. 609, Division 60-09, Project No. 690370-100000 (carryover), Object Level Three 6621, OCA Code 609370. (Auditor, please establish suffix -001 on the AC.)
SECTION 5. That the expenditure up to $58,992,630.38 is hereby authorized for the Columbus Upground Reservoirs - Reservoir Site No. 2 Project within the Water Build America Bonds Fund, Fund No. 609, Division 60-09, Project No. 690370-100000 (carryover), Object Level Three 6621, OCA Code 609370. (Auditor, please establish suffix -002 on the AC.)
SECTION 6. That said construction company shall conduct the work to the satisfaction of the Director of Public Utilities and the Administrator of the Division of Power and Water.
SECTION 7. That the City Auditor is hereby authorized and directed 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 no longer required for said project; except that no transfer shall be made from a project account by monies from more than one source.
SECTION 8. That the City Auditor is authorized to establish proper project accounting numbers as appropriate.
SECTION 9. 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 10. That for reasons stated in the preamble hereto, which is hereby 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 days after passage if the Mayor neither approves nor vetoes the same.