Explanation
1. BACKGROUND: This legislation authorizes the Director of Public Utilities to enter into a construction contract with CB&I Constructors, Inc., in the amount of $4,156,900, for the Lazelle Road 2 MG Storage Tank Project, Division of Power and Water Contract Number 1119. This legislation will also authorize the appropriation and expenditure of said funds from the Ohio Water Development Authority (OWDA) Fund.
2. CONSTRUCTION CONTRACT AWARD: The Director of Public Utilities publicly opened two bids on November 18, 2009. The following bids were received:
Regular Alternate
CB&I Constructors, Inc. $ 4,316,400 $ 4,156,900
Caldwell Tanks, Inc. $ 4,442,900 $ 4,332,350
The alternate bid is for the coating of the interior water bearing surface of the tank. The alternate bid was the lower cost and was accepted for this contract.
The lowest bid was from CB&I Constructors, Inc., however, they did not return the bid book in its entirety. Since CB&I Constructors, Inc.'s alternate bid is $175,450 less than the alternate bid from Caldwell tanks, Inc., the Director of Public Utilities believes it is in the City's best interest to waive the provisions of competitive bidding, in order that the Division of Power and Water can contract with CB&I Constructors, Inc., as the lowest, best, most responsible bidder. The Contract Compliance Number for CB&I Constructors, Inc. is 36-3046868 (expires 1/23/11, majority).
Additional information regarding both bidders, descriptions of work, contract time frames and detailed amounts can be found on the attached Legislation Information Form.
3. FISCAL IMPACT: Monies for this project are provided from the Ohio Water Development Authority (OWDA) Fund. Loan No. 5448 was approved on December 10, 2009.
Title
To authorize the Director of Public Utilities to execute a construction contract with CB&I Constructors, Inc.; in the amount of $4,156,900; for the Lazelle Road 2 MG Storage Tank Project; for the Division of Power and Water; to authorize the appropriation and expenditure of $4,156,900 from the Ohio Water Development Authority (OWDA) Fund; to amend the 2009 Capital Improvements Budget; and to waive the provisions of competitive bidding provisions of the Columbus City Codes. ($4,156,900)
Body
WHEREAS, two bids for the Lazelle Road 2 MG Storage Tank Project were received and publicly opened in the offices of the Director of Public Utilities on November 18, 2009; and
WHEREAS, the lowest bidder, CB&I Constructors, Inc. did not return the bid book in its entirety; and
WHEREAS, the Director of Public Utilities believes it is within the City's best interest to waive the provisions of competitive bidding in order that the Division of Power and Water can contract with CB&I Constructors, Inc., as the lowest, best, most responsible bidder; and
WHEREAS, it is necessary to authorize the Director of the Department of Public Utilities to award and execute a construction contract for the Lazelle Road 2 MG Storage Tank Project; and
WHEREAS, Ohio Water Development Authority (OWDA) Fund has a loan for the City of Columbus and was approved on December 10, 2009, in the amount of $4,156,900; identified as OWDA Loan No. 5448 for the above listed project; and
WHEREAS, it is necessary to appropriate the proceeds from the aforementioned loan, to authorize the expenditure of funds required to award the subject contract, and to provide the requisite budget authority for said award; 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, it has become necessary in the usual daily operation of the Division of Power and Water, Department of Public Utilities, to authorize the Director of Public Utilities to enter into a construction contract with CB&I Constructors, Inc., for the Lazelle Road 2 MG Storage Tank Project, to authorize the appropriation and expenditure of funds from the Ohio Water Development Authority (OWDA) Fund, for the 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 Lazelle Road 2 MG Storage Tank Project with the lowest, best bidder, and most responsive bidder, CB&I Constructors, Inc., Blaymore II, Suite 201, 1603 Carmody Court, Sewickley, PA 15143; in the amount of $4,156,900; 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 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 CB&I Constructors, Inc., and such provisions are hereby waived.
SECTION 3. That the proceeds from the Ohio Water Development Authority (OWDA) Fund, Loan No. 5448, for the Lazelle Road 2 MG Storage Tank Project, and funds from the unappropriated monies in Fund 616, the amount of $4,156,900 is hereby appropriated to the Division of Power and Water, Division 60-09, Fund No. 616, Object Level One 06, Object Level Three 6621, OCA Code 616424, Project No. 690424-100000.
SECTION 4. That the 2009 Capital Improvements Budget is hereby amended as follows:
Fund No. | Project No. | Project Name | Current Authority | Revised Authority | change
616 | 690424-100000 (new funding) | Lazelle Rd. Storage Tank | $0 | $4,156,900 | +$4,156,900
SECTION 5. That for the purpose of paying the cost of the Ohio Water Development Authority (OWDA) Fund Eligible Items within the aforementioned contract, the following expenditure, or as much thereof as may be needed, is hereby authorized as follows: Fund No. 616, Dept/Div. No. 60-09, Project: 690424-100000, OCA Code 616424, Object Level One 06, Object Level Three 6621, Amount $4,156,900.
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 this Ordinance shall take effect and be in force from and after the earliest period allowed by law.