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File #: 1448-2009    Version: 1
Type: Ordinance Status: Passed
File created: 10/21/2009 In control: Utilities Committee
On agenda: 11/23/2009 Final action: 11/25/2009
Title: To authorize the Director of Public Utilities to execute construction contracts with Bale Contracting, Inc. and Conie Construction Co.; for the Emergency Main Line Repairs Projects; for the Division of Power and Water; to waive the provisions of competitive bidding; to authorize the transfer and expenditure of $631,911.50 within the Water Works Enlargement Voted Bonds Fund; to authorize an amendment to the 2009 Capital Improvements Budget; and to declare an emergency. ($631,911.50)
Attachments: 1. ORD1448-2009 bid tab.xlsx, 2. ORD1448-2009 QFF.pdf, 3. ORD1448-2009 Legis. Info. Form.pdf, 4. ORD1448-2009 Bid Waiver Form.pdf, 5. ORD1448-2009 Sub-Contractor Form.pdf
Date Ver.Action ByActionResultAction DetailsMeeting Details
11/25/20091 MAYOR Signed  Action details Meeting details
11/25/20091 CITY CLERK Attest  Action details Meeting details
11/23/20091 Columbus City Council ApprovedPass Action details Meeting details
11/23/20091 COUNCIL PRESIDENT Signed  Action details Meeting details
11/13/20091 Utilities Drafter Sent to Clerk's Office for Council  Action details Meeting details
11/12/20091 EBOCO Reviewer Sent for Approval  Action details Meeting details
11/12/20091 ODI DIRECTOR Reviewed and Approved  Action details Meeting details
11/11/20091 Utilities Drafter Sent for Approval  Action details Meeting details
11/11/20091 CITY AUDITOR Reviewed and Approved  Action details Meeting details
11/11/20091 Utilities Drafter Sent for Approval  Action details Meeting details
11/9/20091 Auditor Reviewer Reviewed and Approved  Action details Meeting details
11/6/20091 Finance Reviewer Reviewed and Approved  Action details Meeting details
11/6/20091 FINANCE DIRECTOR Reviewed and Approved  Action details Meeting details
11/6/20091 Utilities Drafter Sent for Approval  Action details Meeting details
11/5/20091 Utilities Drafter Sent for Approval  Action details Meeting details
11/5/20091 Finance Reviewer Reviewed and Approved  Action details Meeting details
11/4/20091 UTILITIES DIRECTOR Reviewed and Approved  Action details Meeting details
11/3/20091 Utilities Reviewer Sent for Approval  Action details Meeting details
10/30/20091 Utilities Reviewer Reviewed and Approved  Action details Meeting details
10/30/20091 Utilities Drafter Sent for Approval  Action details Meeting details
10/29/20091 Utilities Drafter Sent for Approval  Action details Meeting details
10/28/20091 Utilities Drafter Sent for Approval  Action details Meeting details
10/23/20091 Utilities Reviewer Reviewed and Approved  Action details Meeting details
10/22/20091 Utilities Reviewer Reviewed and Approved  Action details Meeting details
10/21/20091 Utilities Drafter Sent for Approval  Action details Meeting details
Explanation
 
1.  BACKGROUND:  This legislation authorizes the Director of Public Utilities to enter into two construction contracts, one with Bale Contracting, Inc. and one with Conie Construction Co., for a grand total of $631,911.50, for the Emergency Main Line Repairs Projects, for the Division of Power and Water.
 
2. CONSTRUCTION CONTRACT AWARD FOR EMERGENCY MAIN LINE REPAIRS 2009:  The Director of Public Utilities publicly opened three bids on October 7, 2009.  Bids were received from:  Bale Contracting, Inc. - $309,710.50; Conie Construction Co. - $322,201.00; and Tata Excavating, Inc. - $349,217.00.
 
These projects are to provide emergency repairs to the water distribution system when the work load exceeds the ability or capacity of the Water Distribution section.  These contracts are primarily used during the winter months when there is a greater chance of water main breaks.  The Division desires to contract with two different firms in the event that there are emergencies that the first company cannot attend to.  The bid specifications did not specifically state an intention to award contracts to multiple contractors.
 
The Director of Public Utilities believes it is within the City's best interest to waive provisions of competitive bidding in order that the Division of Power and Water can contract with Bale Contracting, Inc. and Conie Construction Co., as the best, responsive, responsible bidders.  The Contract Compliance Number for Bale Contracting, Inc. is 31-0996994 (expires 5/23/10, F1).  The Contract Compliance Number for Conie Construction Co. is 31-0800904 (expires 11/10/11, Majority).  The Department requests waiver of competitive bidding provisions to allow entering into contracts with the two lowest bidders.  
 
Additional information regarding each bidder, description of work, contract time frame and detailed amount can be found on the attached Legislation Information Form.
 
3. EMERGENCY DESIGNATION:  It is requested that this Ordinance be handled in an emergency manner in order to have executed contracts before winter weather breaks, as most water line repairs occur during the colder months.
 
4. FISCAL IMPACT:  This legislation includes a transfer of funds within the Water Works Enlargement Voted Bonds Fund and an amendment to the 2009 Capital Improvements Budget.
 
 
Title
 
To authorize the Director of Public Utilities to execute construction contracts with Bale Contracting, Inc. and Conie Construction Co.; for the Emergency Main Line Repairs Projects; for the Division of Power and Water; to waive the provisions of competitive bidding; to authorize the transfer and expenditure of $631,911.50 within the Water Works Enlargement Voted Bonds Fund; to authorize an amendment to the 2009 Capital Improvements Budget; and to declare an emergency. ($631,911.50)
 
 
Body
 
WHEREAS, three bids for the Emergency Main Line Repairs 2009 Project were received and publicly opened in the offices of the Director of Public Utilities on October 7, 2009; and
 
WHEREAS, Conie Construction Co. was determined to be the lowest bidder based on receipt of the environmental preference credit and Bale Contracting, Inc. was the second lowest bidder; and
 
WHEREAS, the Division of Power and Water desires to contract with two different firms to ensure availability of construction services in the event that that the first company cannot attend to multiple emergencies at the same time; and
 
WHEREAS, the Director of Public Utilities believes it is within the City's best interest to waive provisions of competitive bidding in order that the Division of Power and Water can contract with Conie Construction Co. and  Bale Contracting, Inc., as the best, responsive, responsible bidders; and
 
WHEREAS, it is necessary to authorize the Director of the Department of Public Utilities to award and execute construction contracts for the Emergency Main Line Repairs Projects; and
 
WHEREAS, it is necessary for this Council to authorize the City Auditor to transfer funds within the Water Works Enlargement Voted Bonds Fund; and
 
WHEREAS, it is necessary to authorize an amendment to the 2009 Capital Improvements Budget for purposes of providing sufficient funding and expenditure 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 construction contracts with Conie Construction Co. and Bale Contracting, Inc., for the Emergency Main Line Repairs Projects, in an emergency manner in order to have executed contracts before winter weather breaks, as most water line repairs occur during the colder 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 construction contracts for the Emergency Main Line Repairs Project with the lowest, best, responsive and responsible bidder, Conie Construction Co., 1340 Windsor Ave., Columbus, Ohio 43211, in the amount of $322,201.00; 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 Director of Public Utilities be and hereby is authorized to award and execute a construction contract for the Emergency Main Line Repairs Project with Bale Contracting, Inc., 1247 Stimmel Rd., Columbus, Ohio 43223; in the amount of $309,710.50; in accordance with the terms and conditions of the contract on file in the Office of the Division of Power and Water.
 
SECTION 3.  That it is in the best interest of the City of Columbus to waive the provisions of Section 329.06 of the Columbus City Code, 1959, in order to contract with two different firms, and such provisions are hereby waived.
 
SECTION 4.  That the City Auditor is hereby authorized to transfer $631,911.50 within the Division of Power and Water, Dept/Div. No. 60-09, Water Works Enlargement Voted Bonds Fund, Fund No. 606, Object Level One 06, Object Level Three 6629, as follows:
 
Project No. | Project Name | OCA Code | change
690474-100000 (carryover) | Morse Rd. 36" W.M.| 606474 | -$443,154.93
690451-100000 (carryover) | W. Broad St. W.M. | 690451 | -$188,756.57
690236-100000 (carryover) | Water Main Rehab. | 642900 | +$631,911.50
 
SECTION 5.  That the 2009 Capital Improvements Budget is hereby amended as follows:
 
Fund No. | Project No. | Project Name | Current Authority | Revised Authority | change
606 | 690474-100000 (carryover)| Morse Rd. 36" W.M.| $443,155 | $0 | -$443,155
606 | 690451-100000 (carryover) | W. Broad St. W.M. | $0 | $488,186 | +$488,186 (give authority to cancellation)
606 | 690451-100000 (carryover) | W. Broad St. W.M. | $488,186 | $299,429 | -$188,757
606 | 690236-100000 (carryover) | Water Main Rehab. | $272,826 | $904,738 | +$631,912
 
SECTION 6.  That the expenditure of $631,911.50 is hereby authorized for the Emergency Main Line Repairs Projects within the Water Works Enlargement Voted Bonds Fund, Fund No. 606, Division 60-09, Project No. 690236-100000 (carryover), Object Level Three 6629, OCA Code 642900.
 
SECTION 7.  That said construction companies shall conduct the work to the satisfaction of the Director of Public Utilities and the Administrator of the Division of Power and Water.
 
SECTION 8.  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 9.  That the City Auditor is authorized to establish proper project accounting numbers as appropriate.
 
SECTION 10.  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 11.  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.