Explanation
BACKGROUND: This legislation authorizes the Director of Public Utilities to enter into a construction contract with Complete General Construction Company for the Windsor Avenue Stormwater System Improvements, CIP 611034-100000.
This project has been approved for below-market rate loan financing through the Ohio Environmental Protection Agency’s Water Pollution Control Loan Fund (WPCLF) which is administered by the Ohio Water Development Authority (OWDA).
PROJECT TIMELINE: Contract work is required to be completed in a manner acceptable to the City within 180 days from the date that a Notice To Proceed (NTP) is given by the City.
PROCUREMENT INFORMATION: The Department of Public Utilities advertised for competitive bids for the Windsor Avenue Stormwater System Improvements in accordance with the provisions of Section 329 of Columbus City Code. Bids from six (6) companies were received on March 14, 2018 for this project:
1. Complete General Construction Co. $531,106.80
2. Danbert, Inc. $545,866.26
3. Conie Construction Co. $593,940.00
4. George J. Igel & Co., Inc. $644,484.00
5. Shelly & Sands, Inc. $661,058.44
6. Beheler Excavating, Inc. $1,041,861.60
The bids were evaluated using the bid tab and quality factor forms and it was determined that Complete General Construction Company was the lowest responsive, responsible, and best bid.
This company is not debarred according to the Federal Excluded Parties Listing or the State Auditor's Findings for Recovery Database.
CONTRACT COMPLIANCE No.: 31-4366382 | MAJ | Exp. 8/31/19 Vendor #: 006056
EMERGENCY DESIGNATION: Emergency designation is not requested.
ECONOMIC IMPACT: This project is being undertaken to eliminate zinc and cadmium contamination in and around the outfall of the sewer by replacing the existing storm sewer pipe with upsize sanitary grade pipe.
FISCAL IMPACT: This ordinance authorizes the appropriation and transfer of $531,106.80 from the Storm Sewer Reserve Fund 6207 to the Ohio Water Development (OWDA) Loan Fund 6211; and authorizes the expenditure of up to $531,106.80 from the OWDA loan fund 6211.
Title
To authorize the Director of Public Utilities to enter into a construction contract with Complete General Construction Company for the Windsor Avenue Stormwater System Improvements Project; to authorize the appropriation and transfer of $531,106.80 from the Storm Sewer Reserve Fund to the Ohio Water Development (OWDA) Loan Fund; and to authorize the expenditure of $531,106.80 from the Ohio Water Development (OWDA) Loan Fund. ($531,106.80)
Body
WHEREAS, the Department of Public Utilities advertised for competitive bids for the Windsor Avenue Stormwater System Improvements Project, on the City's Vendor Services website and in the City Bulletin in accordance with the overall provisions of Chapter 329 of the Columbus City Code; and
WHEREAS, six (6) companies submitted bids for this project and Complete General Construction Company was selected using the bid tabulation and quality factor process; and
WHEREAS, the Ohio Water Development Authority (OWDA) will approve an Ohio EPA WPCLF loan agreement with the City of Columbus in the May 2018 award period, in the amount of $531,106.80 to provide financing for the above listed project with eligible costs including the construction contract and contingency; and
WHEREAS, it is necessary to both appropriate funds from the Storm Sewer Reserve Fund and to authorize the transfer of said funds to the OWDA Loan Fund in order to temporarily fund this expenditure until such time as the City receives loan proceeds for the above stated purpose and reimburse the Storm Sewer Reserve Fund; and
WHEREAS, the aggregate principal amount of obligations which the City will issue to finance this project will not exceed $531,106.80; and
WHEREAS, it is necessary to authorize the expenditure of up to $531,106.80 from the Ohio Water Development (OWDA) Loan Fund 6211; and
WHEREAS, the City anticipates incurring certain Original Expenditures (as defined in Section 1.150-2(c) of the Treasury Regulations (the “Treasury Regulations”) promulgated pursuant to the Internal Revenue Code of 1986, as amended) with respect to the project described in this ordinance (the “Project”); and
WHEREAS, it has become necessary in the usual daily operation of the Department of Public Utilities to authorize the Director to enter into a construction contract with Complete General Construction Company for the Windsor Avenue Stormwater System Improvements Project, CIP 611034-100000 for the preservation of the public health, peace, property, safety; now, therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the Director of Public Utilities is hereby authorized to enter into a construction contract with Complete General Construction Company, 1221 East Fifth Avenue, Columbus, Ohio 43219. for the Windsor Avenue Stormwater System Improvements Project, CIP 611034-100000, pursuant to the terms and conditions as shown in the agreement on file in the office of the Division of Sewerage and Drainage.
SECTION 2. That from the unappropriated monies in the Storm Sewer Reserve Fund 6207 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, 2018, the sum of $531,106.80 is appropriated, per the account codes in the funding attachment to this ordinance.
SECTION 3. That the transfer of $531,106.80 or so much thereof as may be needed, is hereby authorized between the Storm Sewer Reserve Fund 6207 and OWDA Loan Fund 6211 per the accounting codes in the attachment to this ordinance.
SECTION 4. That the appropriation and expenditure of $531,106.80, or so much thereof as may be needed, is hereby authorized in the Ohio Water Development (OWDA) Loan Fund, Fund 6211 per the accounting codes in the attachment to this ordinance.
SECTION 5. That the said firm, Complete General Construction Company., shall perform the work to the satisfaction of the Director of Public Utilities and the Administrator of the Division of Sewerage and Drainage.
SECTION 6. That the City Auditor is hereby authorized 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 are no longer required for said project; except that no transfer shall be made from a project by monies from more than one source.
SECTION 7. That the City Auditor is authorized to establish proper project accounting numbers as appropriate.
SECTION 8. That the funds necessary to carry out the purpose of this ordinance are hereby deemed appropriated, and the City Auditor shall establish such accounting codes as necessary.
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 upon obtaining other funds for the purpose of funding sanitary sewer system capital improvement work, the City Auditor is hereby authorized to repay the Sanitary Sewer Reserve Fund the amount transferred above (Section 3), and said funds are hereby deemed appropriated for such purposes.
SECTION 11. That the City intends that this Ordinance constitute an "official intent" for purposes of Section 1.150-2(e) of the Treasury Regulations, and that the City reasonably expects to reimburse itself for certain Original Expenditures incurred with respect to the Project from the proceeds of obligations to be issued by the City in a principal amount currently estimated to be $531,106.80 (the "Obligations").
The City intends to make a reimbursement allocation on its books for the Original Expenditures not later than eighteen months following the later to occur of the date of the Original Expenditure to be reimbursed or the date the Project for which such Original Expenditures were made is "placed in service" within the meaning of Treasury Regulations Section 1.150-2(c). Upon the issuance of the Obligations, the proceeds of such Obligations shall be used to reimburse Sanitary/Sewer Reserve Fund 6102, which is the fund from which the advance for costs of the Project will be made.
SECTION 12. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.