Explanation
1. Background:
This ordinance will authorize the Director of Public Utilities to modify the guaranteed maximum cost agreement with Dominion Homes, Inc. in connection with the Big Run Subtrunk, West of Galloway Road Project.
Ordinance No. 0827-03, passed by City Council on June 2, 2003, authorized the Director to execute the subject agreement, and to reimburse Dominion Homes, Inc., up to $992,644.40 for the cost of the construction contract, construction inspection and Ohio EPA permit fees. On June 25, 2003, three competitive bids were received and publicly opened at the office of Evans, Mechwart, Hambleton and Tilton, Inc (EMH&T). The apparent low bidder, Corna/Kokosing, Inc., submitted a bid proposal that included a proposal bond which was defective in that it was not signed by an officer of the corporation, nor was the amount of the bond expressed. The difference between Corna/Kokosing, Inc.'s bid, and the next responsive bidder is $104,732.70. It is the contention of Dominion Homes, Inc., EMH&T, the design consultant, and Division of Sewerage and Drainage personnel that Corna/Kokosing is fully capable of performing the work. In so much that the defective bid was caused by a failure to complete the required bond proposal at the time of the bid opening, Dominion Homes requests this council to modify the subject guaranteed maximum cost agreement in order to waive the competitive procurement provisions, thereby allowing them to award to the low bidder, Corna/Kokosing.
The three bid proposal amounts as received are as follows: Corna/Kokosing Construction Company-$908,290.96; Trucco Construction Company-$1,013,023.66; and Complete General Construction-$1,422,223.00.
Title
To authorize the Director of Public Utilities to modify the guaranteed maximum cost agreement with Dominion Homes, Inc., in connection with the Big Run Subtrunk, West of Galloway Road Project, for the Division of Sewerage, and to declare an emergency. ($0.00)
Body
WHEREAS, Ordinance No. 0827-03, as passed by Columbus City Council on June 2, 2003, authorized the Director of Public Utilities to enter into a guaranteed maximum cost agreement in accordance with Section 186 of the City Charter, with Dominion Homes, Inc., for the construction of the Big Run Subtrunk, West of Galloway Road Project; to authorize the transfer and expenditure of $992,644.40 from the 1991 Voted Sanitary Bond Fund; and
WHEREAS, on June 25, 2003, three sealed, competitive bids were received and publicly opened at the office of Evans, Mechwart, Hambleton and Tilton, Inc., in accordance with the competitive procurement requirements of the Columbus City Codes contained within Section 3 of the guaranteed maximum cost agreement; and
WHEREAS, the low bidder, Corna/Kokosing Construction Company, submitted a defective bid by failing to completely execute the Proposal Bond; and
WHEREAS, Dominion Homes, Inc., has requested this Columbus City Council to modify the guaranteed maximum cost agreement to waive the competitive procurement requirements, that is necessary to allow them to award the contract to the low bidder; Corna/Kokosing Construction Company, who is fully capable of performing the work in accordance with the plans and specifications; thereby enabling Dominion Homes to avoid incurring costs in excess of $100,000.00 by having to award the contract to the next lowest, responsive and responsible bidder; and
WHEREAS, an emergency exists in the usual daily operation of the Division of Sewerage and Drainage, Department of Public Utilities, in that it is immediately necessary for this Council to modify the guaranteed maximum cost agreement between the Director of Public Utilities and Dominion Homes, Inc., pursuant to the immediate commencement of the construction of the Big Run Subtrunk, West of Galloway Road Project that will provide vital sanitary sewer service to a rapidly growing area within the City of Columbus, for the preservation of the public health, peace, property, safety, and welfare, now therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
1. That the Director of Public Utilities is hereby authorized to amend the guaranteed maximum cost agreement between the City of Columbus and Dominion Homes, Inc., as previously authorized by Ordinance No. 0827-03, passed June 2, 2003, for purposes of waiving the competitive procurement requirements of the agreement that is necessary to allow Dominion Homes to award the contract for the construction of the aforementioned capital improvements project to the low bidder who submitted a defective proposal bond.
2. 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.