...Background
This legislation authorizes the Director of Public Utilities to modify the existing construction contract for 2022 Utility Cut Restoration Project with Decker Construction Company to add $800,000.00 in funding to the contract. Various types of utility excavations are performed within the City of Columbus' right-of-way and City owned properties by the Department of Public Utilities. The restoration work typically involves repair of existing pavement, curbs, and sidewalks in a manner conforming to the City of Columbus, Construction and Material Specifications (CMSC). The Department routinely outsources this restoration work to a contractor that is equipped and trained to make these repairs. Typical types of restoration work that require outsourcing involve the installation of wheelchair ramps, asphalt repair involving thermal bond heat weld repairs, asphalt milling machines capable of full width milling, and the delivery of flowable controlled density fill using volumetric mixer trucks.
CONSTRUCTION CONTRACT AWARD: The Director of Public Utilities publicly opened one bid (RFQ023112) on November 9, 2022 from Decker Construction Company.
Decker Construction Company's bid was deemed the lowest, most responsive and responsible bid. Their Contract Compliance Number is #004549 (expires 11/3/2025, Majority). Additional information regarding this bidder, description of work, contract time frame and detailed amount can be found on the attached information form. The contract contains a multi-year renewal option.
The original contract was established in accordance with the pertinent provisions to waive for competitive bidding of Chapter 329 of the Columbus City Code and authorized with Ord. 3224-2022. Services under the original contract cover a one (1) year period from date of execution with the option to renew annually for an additional three (3) years on a year-to-year basis, or a portion thereof, based on mutual agreement of the parties, availability of budgeted funds and approval of Columbus City Council. This contract renewal No. 3 is to provide the necessary funding for the continuation of the Utility Cut Contract. This proposed renewal No. 3 is to add additional funding of $800,000.00. Total amount including this contract renewal is $5,230,000.00. This contract shall not automatically renew. All other terms and conditions of the original agreement remain in full force and effect. If unforeseen issues or difficulties are encountered that would require additional funding, a modification would be requested.
1. Amount of additional funds: Total amount of additional funds needed for this contract renewal No. 3 is $800,000.00. Total contract amount including this renewal is $5,230,000.00.
2. Reason additional funds were not foreseen: The need for additional funds was known and provided for at the time of the initial contract award. This is a planned renewal.
3. Reason other procurement processes were not used: Work under this renewal No. 3 is a continuation of services included in the scope of the original bid contract. No lower pricing/more attractive terms and conditions are anticipated at this time.
Searches in the Excluded Party List System (Federal) and the Findings for Recovery list (State) produced no findings against Decker Construction Company.
FISCAL IMPACT: $800,000.00 is budgeted and available within the Department of Public Utilities 2024 Operating Fund Budgets for this contract modification. This ordinance is contingent on the passage of Ordinance 2978-2024.
The following amounts were encumbered in 2020, 2021, 2022 & 2023 for similar services:
$2,367,844.38 was spent in 2023
$1,755,574.32 was spent in 2022
$1,803,481.87 was spent in 2021
$1,375,249.92 was spent in 2020
Title
To authorize the Director of the Department of Public Utilities to modify a construction contract for the 2022 Utility Cut Restoration Project with Decker Construction Company for the Division of Water; and to add funding and to authorize the expenditure of $800,000.00 from the Water Operating Fund. ($800,000.00)
Body
WHEREAS, Ordinance No. 3224-2022, passed by the Columbus City Council on December 7, 2022, authorized the Department of Public Utilities, Division of Water, Division of Power, and Division of Sewerage and Drainage, to enter into a contract with Decker Construction Company for the 2022 Utility Cut Restoration Project; and
WHEREAS, the original contract was for one (1) year from the date of execution (December 15, 2022), with the option to renew for three (3) additional one-year terms based upon mutual agreement of the parties, budgeted funds, and approval by City Council; and
WHEREAS, it is necessary to authorize the Director of the Department of Public Utilities to modify a construction contract for the 2022 Utility Cut Restoration Project with Decker Construction Company; and
WHEREAS, this ordinance authorizes the modification of this contract to add funding and the expenditure of $800,000.00 from the Water Operating Fund. ($800,000.00); and
WHEREAS, this modification is in accordance with the relevant provisions of Chapter 329 of the City Code relating to contract modifications and renewals; and
WHEREAS, it has become necessary in the usual daily operation of the Department of Public Utilities to authorize the Director of Public Utilities to modify the contract for 2022 Utility Cut Restoration Project with Decker Construction Company; 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 modify the construction contract for the 2022 Utility Cut Restoration Project with Decker Construction Company, 3040 McKinley Avenue, Columbus, Ohio 43204 to add funding in the maximum amount of $800,000.00; in accordance with the terms and conditions of the contract on file in the Department of Public Utilities.
SECTION 2. That said firm shall conduct the work to the satisfaction of the Director of Public Utilities and the Administrators of the Division of Water.
SECTION 3. That this modification is in accordance with the relevant provisions of Chapter 329 of City Code relating to contract modifications and renewals.
SECTION 4. That the expenditure of $800,000.00 or so much thereof as may be needed, is hereby authorized in Fund 6000 Water Operating Fund ($800,000.00), in object class 03 Services per the accounting codes in the attachment to this ordinance.
SECTION 5. 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 6. That this Ordinance shall take effect and be in force from and after the earliest period allowed by law.