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File #: 2582-2024    Version: 1
Type: Ordinance Status: Passed
File created: 9/17/2024 In control: Public Utilities & Sustainability Committee
On agenda: 10/21/2024 Final action: 10/24/2024
Title: To authorize the Director of the Department of Public Utilities to modify the contract with Williams Forestry & Associates, LLC for the Reservoir Restoration Project to add additional funding; and to authorize the expenditure of $15,000.00 from the Water Operating Fund; and to declare an emergency. ($15,000.00)
Attachments: 1. ORD 2582-2024 Financial Coding

Explanation

BACKGROUND

This ordinance authorizes the Director of Public Utilities to enter into a contract modification for the Reservoir Restoration Project with Williams Forestry & Associates, LLC to add additional funding in an amount up to $15,000.00. This contract is used to maintain the shoreline at the Hoover and O’Shaughnessy Reservoirs by planting trees, shrubs and for herbicide treatment of invasive species. This modification will add additional funding for unforeseen work challenges due to drought conditions and the need for deer protection measures before winter weather.

 

PROCUREMENT

The Department of Public Utilities solicited competitive bids for the Reservoir Restoration Project in accordance with the relevant provisions of Chapter 329 (RFQ025146). Fifty-six (56) vendors (1 EBE/MBE, 1 EBE/WBE, 46 MAJ, 6 MBE, 1 MBE/WBE, 1 WBE) were solicited and three (1 EBE/MBE and 2 MAJ) bids were received on July 12, 2023. One contract was awarded to Williams Forestry & Associates, LLC.

 

CONTRACT AMOUNTS / TIMELINE

The contract term was for one year from the date of execution to and including October 31, 2024. The contract language allows for two (2) one (1) year renewal options on a year to year basis upon mutual agreement, availability of funds, and approval by Columbus City Council. If unforeseen issues or difficulties are encountered that would require additional funding, a modification would be requested. We are currently in the second year of a three year contract.

 

This Ordinance is being submitted in accordance with the relevant provisions of Chapter 329 of City Code pertaining to contract renewals and modifications.

 

Cost summary:

Original Contract - Ordinance #2734-2023                                           $300,000.00

Modification #1 - Ordinance #3475-2023                                               $600,000.00

Modification/Renewal #2 - Ordinance #0789-2024                     $300,000.00

Modification #3 - Ordinance #2582-2024 (pending)                     $  15,000.00

Contract Total to Date: $                                                                         $1,215,000.00

 

1.                      Amount of additional funds:  Total amount of additional funds needed for this contract modification is to ADD $15,000.00. Total contract amount including this modification is $1,215,000.00.

 

2.                     Reason additional funds were not foreseen: Additional funding is needed due to unforeseen work challenges caused by environmental conditions.

 

3.                     Reason other procurement processes are not used: Work under this modification is a continuation of services. No lower pricing/more attractive terms and conditions are anticipated at this time.

 

4.                     How cost was determined: The vendor provided pricing.

 

SUPPLIER(S) / CONTRACT COMPLIANCE INFORMATION 

Williams Forestry & Associates, LLC, vendor #044891 expires 3/28/25, majority status

 

The certification of Williams Forestry & Associates, LLC was in good standing at the time of the contract award. The company is not debarred according to the Excluded Party Listing System of the Federal Government or prohibited from being awarded a contract according to the Auditor of State Unresolved Findings for Recovery Certified Search.

 

MINORITY AND WOMAN OWNED BUSINESS ENTERPRISE & SMALL LOCAL BUSINESS ENTERPRISE PROGRAM

This contract was put in place prior to the implementation of the City of Columbus MBE/WBE Program and is not subject to the requirements of that program.  Williams & Associates LLC is classified as a majority company by the City’s Office of Diversity and Inclusion. 

 

EMERGENCY DESIGNATION: The Department of Public Utilities respectfully requests this legislation be considered for emergency action as a result of unforeseen work challenges due to drought conditions and the need for deer protection measures before the winter weather.

 

FISCAL IMPACT

$15,000.00 funds are budgeted and available for this expenditure within the Water Operating Fund

$282,814.50 was spent in 2023

$0.00 was spent in 2022

 

 

Title

 

To authorize the Director of the Department of Public Utilities to modify the contract with Williams Forestry & Associates, LLC for the Reservoir Restoration Project to add additional funding; and to authorize the expenditure of $15,000.00 from the Water Operating Fund; and to declare an emergency. ($15,000.00)

 

 

Body

 

WHEREAS, the Department of Public Utilities solicited competitive bids for the Reservoir Restoration Project in accordance with the relevant provisions of Section 329 (RFQ025146); and

 

WHEREAS, the Department of Public Utilities entered into a contract for the Reservoir Restoration Project with Williams Forestry & Associates, LLC; and

 

WHEREAS, the contract is used to maintain the shoreline at the Hoover and O’Shaughnessy Reservoirs by planting trees, shrubs and for herbicide treatment of invasive species; and

 

WHEREAS, additional funds are needed due to unforeseen work challenges due to drought conditions and the need for deer protection measures; and

 

WHEREAS, the vendor has agreed to modify and increase the contract at current prices and conditions; and

 

WHEREAS, an emergency exists in the usual daily operation of the Department of Public Utilities in that it is immediately necessary to authorize the Director to modify the contract with Williams Forestry & Associates, LLC for the Reservoir Restoration Project to add additional funding as a result of unforeseen work challenges due to drought conditions and the need for deer protection measures before the winter weather, 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 Director of the Department of Public Utilities be and is hereby authorized to modify to add funding to a contract with Williams Forestry & Associates, LLC for the Reservoir Restoration project in accordance with the terms and conditions as shown in the agreement on file.

 

SECTION 2.  That the expenditure of $15,000.00 or so much thereof as may be needed, $15,000.00 is hereby authorized in Fund 6000 (Water Operating Fund) in object class 03 Services per the accounting codes in the attachment to this ordinance.

 

SECTION 3.  That said firm shall conduct the work to the satisfaction of the Director of the Department of Public Utilities.

 

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 for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby 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.