Explanation
1. Background: This legislation authorizes the Director of Finance and Management, on behalf of the Office of Construction Management, to modify the contract with BOMAR Construction Company, Inc., for the Professional Construction Services - Task Order Basis project, authorized by Ordinance No. 1892-2024.
The Invitation for Bid required a performance and payment bond in the minimum amount of 50% of the contract amount as required by Columbus City Code 329.14(a)(2). This is a City requirement for all construction contracts expected to cost $100,000.00 or more (329.14(a)).
The Departments of Finance and Management and Public Safety set up a contract with BOMAR Construction Company, Inc. in the amount of $1,500,000.00.
The Department of Finance and Management would like to modify the contract to change the contract term from “The term of the contract is one year from the date of issuance of the purchase order, with the option for up to three (3) annual renewals” to “The term of the contract is one year from the date of issuance of the purchase order, or, until all funds are depleted, with the option for up to three (3) annual renewals".
2. Waiver: BOMAR Construction Company informed the City the cost of the bond would be at least $46,000.00. The Department also seeks to modify the contract performance and payment bond requirement by removing such requirement as the tasks to be assigned under the contract will be under the $100,000.00 threshold established in 329.14 of Columbus City Code.
Section 329.15 of Columbus City Code, Waiver of Regulations, requires that City Council find it in the best interest of the City to waive the provisions of Chapter 329. The Department believes this waiver to be in the best interests of the City in order to realize the $46,000.00 in savings that may then be used for other tasks under this Task Order Basis project.
Upon Council approval the Department will issue a contract modification removing language in regards to the contract performance and payment bond as well as the contract term.
3. Modification Info:
A. The amount of additional funds to be expended under the modification:
N/A; additional funding is not needed.
B. Why the need for additional goods or services could not be foreseen at the time the contract was initially awarded.
Additional goods and services are not being requested. The Department is seeking to remove contract language no longer applicable to the performance and payment bond, as well as updating the contract term.
C. Why it would not be in the city’s best interests to have the additional contract requirements awarded through other procurement processes?
The contract has already been through the Invitation for Bid process. Pricing was not included in the award of the contract, therefore, the removal of the bond language and change of contract term is not relevant to a new bidding process.
D. How the price for the additional goods or services which are subject of the modification was determined.
N/A; additional funding is not needed.
4. Emergency Designation: It is requested that this Ordinance be handled in an emergency manner in order to process the contract modification expeditiously to allow for the assignment of important construction tasks.
5. Fiscal Impact: N/A
Title
To authorize the Director of Finance and Management, on behalf of the Office of Construction Management; to modify the contract with BOMAR Construction Company, Inc., for the Professional Construction Services - Task Order Basis project; to waive competitive bidding provisions of Chapter 329 of the Columbus City Code; and to declare an emergency. ($0)
Body
WHEREAS, the Finance and Management Department, Office of Construction Management, desires to modify the contract for the Professional Construction Services - Task Order Basis project with BOMAR Construction Company, Inc. (PO469738, PO469743, and PO469751); and
WHEREAS, the contract was originally authorized under Ordinance No. 1892-2024 and approved by City Council on July 29, 2024; and
WHEREAS, construction tasks will be assigned to a specified contract number and will be treated as a separate construction project/contract and will be under the $100,000.00 threshold required for a performance and payment bond; and
WHEREAS, it in the best interest of the City to waive the provisions of Columbus City Code Sections 329.14(a) and 329.14(a)(2) to remove the performance and payment bond language from the contract as the bond is not needed for construction contracts less than $100,000.00; and
WHEREAS, the Department would like to modify the contract to remove the language applicable to the performance and payment bond language; and
WHEREAS, the Department would also like to modify the contract to change the contract term from “The term of the contract is one year from the date of issuance of the purchase order, with the option for up to three (3) annual renewals” to “The term of the contract is one year from the date of issuance of the purchase order, or, until all funds are depleted, with the option for up to three (3) annual renewals; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Finance and Management, Office of Construction Management, in that it is immediately necessary to authorize the Director of Finance and Management to modify the contract with BOMAR Construction Company, Inc., for the Professional Construction Services - Task Order Basis project; in an emergency manner in order to have the contract modified expeditiously to allow for the assignment of important construction tasks; all for the immediate preservation of the public health, peace, property, safety and welfare; and NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the Finance and Management Director is hereby authorized to modify the contract on behalf of the Office of Construction Management, with BOMAR Construction Company, Inc. for the Professional Construction Services - Task Order Basis project (PO469738, PO469743, and PO469751).
SECTION 2. That this Council finds it in the best interest of the City to waive the contract performance and payment bond provisions of Columbus City Code Sections 329.14(a) and 329.14(a)(2), and such provisions are hereby waived.
SECTION 3. There is no cost associated with this modification.
SECTION 4. 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 5. 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 6. 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 7. 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.