Explanation
1. BACKGROUND
This ordinance authorizes the Director of Public Utilities to enter into a contract with The Righter Co., Inc. for construction services for the East Broad Tanks Valve Replacements project, CIP #690473-100017, in an amount up to $988,540.00 and to encumber funds with the Department of Public Service for prevailing wage services in an amount up to $2,000.00, for a total expenditure of $990,540.00.
This project provides for the replacement of valves required for isolating the East Broad elevated water storage tanks, and other such 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.
The Community Planning Area is “58 - Far East”
TIMELINE: All work shall be complete within 140 calendar days from the Notice to Proceed. The City anticipates issuing a Notice to Proceed on or about November, 2023.
ESTIMATED COST OF PROJECT: The bid amount and proposed award amount is $988,540.00, including a 15% 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.
Original Contract $988,540.00
Future Anticipated Needs $ 0.00
CONTRACT TOTAL $988,540.00
DPS Wage Rate Administration $ 2,000.00
$990,540.00
2. ECONOMIC IMPACT/ADVANTAGES; COMMUNITY OUTREACH; PROJECT DEVELOPMENT; ENVIRONMENTAL FACTORS/ADVANTAGES OF PROJECT
The goal of this project is to replace existing water main valves that are non-operational and need to be isolated to perform maintenance. Replacement of these valves will allow painting and other maintenance work to be performed at the East Broad tanks, which will increase the service life of the elevated storage tanks.
3. BID INFORMATION
This project was formally advertised on the Vendor Services and Bid Express websites from 5/31/2023 through 6/28/23. Two proposals were received:
Name Bid Amount City/State Status
The Righter Co., Inc., $988,540.00 Columbus, OH MAJ
Axis Civil Construction LLC $790,162.41 Gahanna, OH MAJ
The Axis Civil Construction bid was deemed non-responsive due to not meeting the MBE/WBE goal requirements. The Righter Co., Inc., bid was then evaluated and deemed the lowest, best, most responsive bid. The Righter Co., Inc. certification was in good standing at the time of the contract award.
4. CONTRACT COMPLIANCE INFORMATION
The Righter Co., Inc.’s contract compliance number is CC-004433 and expires 11/22/23. 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 12% as assigned by the City’s Office of Diversity and Inclusion (ODI). After ODI’s review of the Utilization Plan and Good Faith Effort submitted by Axis Civil Construction, ODI deemed their bid non-responsive for not meeting the goal and for an insufficient Good Faith Effort.
The next low bidder, The Righter Co., Inc. submitted a Utilization Plan meeting the 12% goal. After review of their Utilization Plan and other related information the contractor submitted with their bid response, ODI has approved an MBE/WBE Program goal of 12% for this contract. Failure by the contractor to meet this goal subjects the contractor to the Penalties for Non-Compliance as described in the bid documents for this contract.
As part of their proposal, The Righter Co., Inc. has proposed the following five subcontractors to perform contract work:
Company Name City/State ODI Certification Status
Cap Stone & Associates, Inc. Columbus, Ohio WBE
Garcia Surveyors Inc Columbus, Ohio MAJ
Bridges Bros Trucking Columbus, Ohio MBE
Fortress Management Columbus, Ohio MBE
McCoy Excavating Company Columbus, Ohio MAJ
The certification of the above companies was in good standing at the time the bid was awarded.
6. FISCAL IMPACT
Funding for this contract will be obtained through the Ohio Water Development Authority Direct Loan Program. City Council authorized this loan application and acceptance of loan funding via Ordinance 0997-2023, passed by Council on 4/24/23. The loan award in the amount of $988,540.00 was made in September, 2023, and an OWDA Loan Account number was assigned. An amendment to the 2023 Capital Improvement Budget is needed to show the actual loan amount. Funds will need to be appropriated and expended in the Water - Fresh Water Market Rate Program Fund, Fund 6014. The Water - Fresh Water Market Rate Program Fund will be used to establish a purchase order which will then be converted to a BRDI by the Auditor’s Office.
Funds in the amount of $2,000.00 are available and appropriated within the Water Bond Fund, Fund 6006, to pay the Department of Public Service to provide prevailing wage services for this project. An amendment to the 2023 Capital Improvement Budget is needed 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 East Broad Tanks Valve Replacements project; to authorize an amendment to the 2023 Capital Improvement Budget; to authorize the appropriation of funds in the Water - Fresh Water Market Rate Program Fund; to authorize the expenditure of up to $988,540.00 from the Water - Fresh Water Market Rate Program Fund for the contract; and to authorize an expenditure of up to $2,000.00 from the Water Bond Fund to pay for the prevailing wage services for the project. ($990,540.00)
Body
WHEREAS, the Department of Public Utilities is engaged in the East Broad Tanks Valve Replacements project; and
WHEREAS, two bids for the East Broad Tanks Valve Replacements project were received and opened on 6/28/2023; and
WHEREAS, it is necessary to authorize the Director of the Department of Public Utilities to enter into a construction services contract with The Righter Co., Inc. for the East Broad Tanks Valve Replacements project; and
WHEREAS, the 2023 Capital Improvements Budget must be modified to align budget authority with the proper project; and
WHEREAS, it is necessary to appropriate and expend funds from the Water - Fresh Water Market Rate Program Fund, Fund 6014, to pay for the construction of this project; and,
WHEREAS, it is necessary to authorize an expenditure of funds from the Water Bond Fund, Fund 6006, to pay for the prevailing wage services for the project; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the 2023 Capital Improvements Budget authorized by Ordinance 1711-2023 be amended as follows to establish sufficient budget authority for this project:
Fund / Project Number / Project Name (Funding Source) / Current Authority/ Revised Authority / Change
6014 / 690473-100017 / East Broad Tanks Valve Replacements (OWDA Direct) / $0.00 / $988,540.00 / $988,540.00 (To match loan amount)
6006 / 690473-100018 / Indianola Booster Station Demolition (Water Bond Fund) / $115,000.00 / $113,000.00 / ($2,000.00)
6006 / 690473-100017 / East Broad Tanks Valve Replacements (Water Bond Fund) / $0.00 / $2,000.00 / $2,000.00
SECTION 2. That from the unappropriated monies and from all monies estimated to come into said fund from any and all sources and unappropriated for any other purpose during the fiscal year ending December 31, 2023, the sum of $988,540.00 is appropriated in the Water - Fresh Water Market Rate Program Fund, Fund 6014, per the account codes in the attachment to this ordinance.
SECTION 3. That the Director of Public Utilities is hereby authorized to enter into a construction services contract for the East Broad Tanks Valve Replacements project, CIP #690473-100017, with The Righter Co., Inc., 2424 Harrison Rd, Columbus, Ohio 43204, in an amount up to $988,540.00, 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 from the Department of Public Service and to pay up to a maximum amount of $2,000.00 for them.
SECTION 4. That the expenditure of $990,540.00, 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. 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 6. 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 7. 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 8. That this Ordinance shall take effect and be in force from and after the earliest period allowed by law.