Explanation
1. BACKGROUND
This ordinance authorizes the Director of Finance and Management to associate all general budget reservations resulting from this ordinance with the current, pending, and future Universal Term Contract Purchase Agreements listed below, or per the terms and conditions of informal or formal bids conducted for one-time buys as necessary, or to utilize current, pending and future Ohio Department of Transportation (ODOT) and Ohio Department of Administrative Services (ODAS) contracts for Pavement Materials & Aggregates for the Department of Public Service, Division of Infrastructure Management.
The Department of Public Service, Division of Infrastructure Management utilizes Pavement Materials & Aggregates (MAT) commodities to maintain and repair roadways and rehabilitate alleys through the city. Universal term contracts have been or will be completed for these commodities, and one-time can also be utilized for the purchase of these commodities as necessary.
Ordinance No. 582-87 provides some authority for usage of ODAS contracts citywide, and Ordinance No. 2237-2019 provides some authority for usage of ODOT contracts by the Departments of Public Service and Finance and Management. However, usage of ODAS and ODOT contracts in amounts exceeding $50,000.00 or without providing at least three vendor quotes, in certain situations, requires bid waiver from City Council. Thus, this ordinance also authorizes waiver of the competitive bidding provisions of the Columbus City Codes Chapter 329 with respect to the usage of ODAS or ODOT contracts in amounts in excess of $50,000.00 and/or without seeking and providing for review at least three vendor quotes, for the purposes contemplated by this ordinance.
Current and Future State of Ohio and ODOT contracts and Universal Term Contract Purchase Agreements:
Asphalt Concrete ODOT
Asphalt Emulsions
Crack Sealing Product ODOT
Crushed Limestone & Gravel Agg. ODOT
Ready Mix Concrete
Various Forms Asphalt Concrete
Winter Asphalt
The dollar amount of purchases that may need to be made against individual universal term contracts is unknown at this time as it depends upon weather, level of usage of roadways and alleys, and other factors. It is anticipated the Department of Public Service will need to expend more than $100,000.00 in a fiscal year to purchase from some universal term contracts established for Pavement Materials & Aggregates (MAT) commodities for the Department of Public Service. Per City Code 329.19(g), City Council approval is required for the expenditure of $100,000.00 or more from universal term contracts.
2. FISCAL IMPACT
These are budgeted expenses within the Street Construction Maintenance and Repair Fund, Fund 2265,and the Municipal Motor Vehicle Tax Fund, Fund 2266. Funds are appropriated.
3. EMERGENCY DESIGNATION
The division requests emergency designation for the legislation so as to avoid any delays in repairing critical transportation infrastructure, which would endanger the traveling public.
Title
To authorize the Finance and Management Director to associate all general budget reservations resulting from this ordinance and to establish purchase orders and contracts with multiple vendors for the purchase of various Pavement Materials & Aggregates for the Department of Public Service to authorize the expenditure of up to $450,000.00 from the Street Construction, Maintenance, and Repair Fund; to authorize the expenditure of up to $650,000.00 from the Municipal Motor Vehicle Tax Fund; to waive the competitive bidding provisions of the Columbus City Code Chapter 329 with respect to the usage of certain cooperative purchasing contracts for the purpose of purchasing various Pavement Materials & Aggregates (MAT) commodities; and to declare an emergency. ($1,100,000.00)
Body
WHEREAS, the Pavement Materials & Aggregates Purchase Agreements are used to purchase materials and supplies to maintain and repair roadways and rehabilitate alleys through the city; and
WHEREAS, these items can be purchased per the terms and conditions of existing, pending and future citywide universal term contracts established by the Purchasing Office; and
WHEREAS, the Director of Finance and Management needs to be authorized to associate all General Budget Reservations resulting from this ordinance with the appropriate Universal Term Contract Purchase Agreements for Pavement Materials & Aggregates for the Department of Public Service, Division of Infrastructure Management; and
WHEREAS, City Council approval is required to expend more than $100,000.00 on a Universal Term Contract without bidding the purchase; and
WHEREAS, purchases may also need to be made from one-time bids or ODOT and ODAS contracts; and
WHEREAS, in order to enter into contracts based on ODOT and ODAS contracts in excess of $50,000.00 or without seeking and providing for review at least three vendor quotes, City Council bid waiver is required; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Service, in that it is immediately necessary to authorize the Director of Finance and Management to establish contracts and purchase orders for Pavement Materials & Aggregates in order to repair critical transportation infrastructure, 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 Finance and Management be and is hereby authorized to associate all General Budget Reservations resulting from this ordinance with the appropriate Universal Term Contract Purchase Agreements for the purchase of Pavement Materials & Aggregates for the Department of Public Service.
SECTION 2. That the Director of Finance and Management be and hereby is authorized to establish multiple purchase orders and other contracts totaling $1,100,000.00 or so much thereof as may be needed, per the terms and conditions of current, pending and future citywide universal term contracts or per the terms and conditions of informal or formal bids conducted for one-time buys, or to utilize current, pending and future ODOT and ODAS contracts for Pavement Materials & Aggregates (MAT) commodities as necessary.
SECTION 3. That, in accordance with City Code 329.19(g), City Council approves the expenditure of $100,000.00 or more in fiscal year 2026 against any Universal Term Contract Purchase Agreements listed in the background section of this ordinance or that will be established for the purchase of Pavement Materials & Aggregates commodities for use by the Department of Public Service.
SECTION 4. That, in accordance with City Code Section 329.15, City Council finds that it is in the best interests of the City to waive the competitive bidding provisions of City Code Chapter 329 with respect to the usage of ODAS or ODOT contracts for the purpose of purchasing Pavement Materials & Aggregates (MAT) commodities for use by the Department of Public Service, and does hereby waive the same.
SECTION 5. That the expenditure of $450,000.00, or so much thereof as may be needed, is hereby authorized in Fund 2265 (Street Construction Maintenance and Repair Fund), Dept-Div 5911 (Division of Infrastructure Management), Object Class 02 (Materials and Supplies) per the accounting codes in the attachment to this ordinance.
SECTION 6. That the expenditure of $650,000.00, or so much thereof as may be needed, is hereby authorized in Fund 2266 (Municipal Motor Vehicle Tax Fund), Dept-Div 5911 (Division of Infrastructure Management), Object Class 02 (Materials and Supplies) per the accounting codes in the attachment to this ordinance.
SECTION 7. Funds are hereby deemed appropriated and expenditures and transfers authorized to carry out the purposes of this ordinance and the City Auditor shall establish such accounting codes as necessary.
SECTION 8. 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 10 days after its passage if the Mayor neither approves nor vetoes the same.