Explanation
1. BACKGROUND
This ordinance authorizes the Director of Public Service to enter into contract with A & B Construction LTD in the amount of up to $87,406.00 for emergency salt barn repair services. The Department of Public Service stores road salt purchased for the winter season on-site at various locations in Columbus. During recent storms, multiple salt barns were heavily damaged. Having uncovered salt storage locations has caused the City to be out of compliance with EPA stormwater regulations. The salt barn repairs are partially covered by manufacturer warranty to be performed by an approved vendor only. A & B Construction LTD is the City registered vendor approved by the manufacturer to repair the salt barns and is able to complete the repairs to bring the locations back into compliance with EPA stormwater regulations. In an effort to ensure repairs are completed quickly to bring the City back into EPA compliance and to allow additional salt to be ordered and deliveries made for the 24/25 winter season, Public Service is requesting to waive competitive bid provisions of Columbus City Code and enter directly into contract and establish purchase orders with A & B Construction LTD. Delays in repairing the facility would subject the City to possible fines and prevent storage of proper amounts of salt for the upcoming winter season. Using a vendor not approved by the manufacturer would eliminate existing warranty coverage and increase the cost of repairs.
Searches in the Excluded Party List System (Federal) and the Findings for Recovery list (State) produced no findings against A & B Construction LTD.
2. CONTRACT COMPLIANCE
A & B Construction LTD contract compliance number is CC035846 and expired 5/24/2023. The vendor is updating the certification, and it will be completed before the contract is finalized.
3. FISCAL IMPACT
Funds are available and appropriated within the Street Construction Maintenance and Repair Fund, Fund 2265.
4. REQUEST FOR WAIVER OF FORMAL COMPETITIVE BIDDING REQUIREMENTS
A request for waiver of the formal competitive bidding requirements of Columbus City Code Chapter 329 is requested for this repair so that the City can become compliant with EPA stormwater regulations and additional salt can be ordered to service the City of Columbus in the 24/25 winter season.
5. EMERGENCY DESIGNATION
Emergency action is requested to ensure the salt barn is repaired as soon as possible so that the City can become EPA compliant and salt can be stored for the upcoming winter season.
Title
To authorize the Director of the Department of Public Service to enter into contract with A & B Construction LTD for salt barn repair services; to authorize the expenditure of $87,406.00 from the Street Construction Maintenance and Repair Fund; to authorize the waiver of the competitive bidding requirements of the Columbus City Code; and to declare an emergency. ($87,406.00)
Body
WHEREAS, multiple storage facilities for winter salt for the Department of Public Service were heavily damaged in recent storms and are in need of repair to bring the City into compliance with existing EPA stormwater regulations; and
WHEREAS, it is necessary to repair the facilities quickly to ensure proper amounts of road salt are able to be ordered and stored before the upcoming winter season; and
WHEREAS, the repairs are partially covered by warranty only if repairs are performed by a manufacturer approved vendor; and
WHEREAS, A & B Construction LTD is the manufacturer approved vendor currently in the City vendor system with experience working on the facilities able to schedule and complete the needed repairs quickly; and
WHEREAS, it is necessary to enter into contract with A & B Construction LTD to ensure compliance with EPA salt storage regulations, to allow salt deliveries to arrive and be stored for the winter 2024/2025 season, and to ensure the needed repairs are covered by manufacturer warranty; and
WHEREAS, funding is available for this purchase in the Fund 2265, the Street Construction Maintenance and Repair Fund; and
WHEREAS, it is necessary to expend funds to pay for the salt barn repairs; 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 Public Service to enter into contract with A & B Construction LTD for salt barn repair services as soon as possible to regain compliance with EPA stormwater regulations for salt storage and allow for additional salt order and delivery in advance of the 2024/2025 winter season, thereby preserving the public health, peace, property, safety, and welfare; now, therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the Director of Public Service be, and hereby is, authorized to enter into contract with A & B Construction LTD at 30810 200th Street, Harper, IA 52231, for salt barn repairs in an amount up to $87,406.00.
SECTION 2. That the expenditure of $87,406.00 or as 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) in Object Class 03 (Purchased Services) per the accounting codes in the attachment to this ordinance.
SECTION 3. That City Council finds it is in the best interest of the City of Columbus to waive the formal competitive bidding requirements of City Code Chapter 329.
SECTION 4. 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 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 10 days after its passage if the Mayor neither approves nor vetoes the same.