Title
MOTION TO APPROVE THE AGREEMENT WITH WEEKLEY ASPHALT PAVING, INC. FOR MISCELLANEOUS REPAIRS OF SIDEWALKS, SWALES, STREETS AND OTHER WORK ON AN AS-NEEDED BASIS TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT (ADA), UTILIZING PRICING ESTABLISHED IN BROWARD COUNTY'S BID # PNC2124420B1, FOR A TOTAL AMOUNT NOT TO EXCEED $500,000, PURSUANT TO SECTION 35.18(C)(5) OF THE CITY'S CODE OF ORDINANCES.
Summary Explanation and Background
PROCUREMENT PROCESS TAKEN:
- Chapter 35 of the City’s Code of Ordinances is titled “PROCUREMENT PROCEDURES, PUBLIC FUNDS.”
- Section 35.18 of the City's Code of Ordinances is titled "COMPETITIVE BIDDING OR COMPETITIVE PROPOSALS REQUIRED; EXCEPTIONS."
- Section 35.18(C) states that "Only the following situations are exempt from the competitive bid and competitive proposal requirements of this section:"
- Section 35.18(C)(5) states that commodities or services that are the subject of contracts with the state its political subdivisions or other governmental entities including the United States Government, are exempt from the competitive procurement process.
- Section 35.21 of the City's Code of Ordinances is titled "AWARD OF CONTRACT."
- Section 35.21(A) of the City's Code of Ordinances is titled "City Commission approval.”
- Section 35.21(A)(1) states, "An initial purchase of, or contract for, commodities or services, in excess of $100,000, shall require the approval of the City Commission, regardless of whether the competitive bidding or competitive proposal procedures were followed."
SUMMARY EXPLANATION AND BACKGROUND:
1. The City Public Works Dept. is aware of certain roadway rights of ways (swales, sidewalks, etc.) that need to be repaired in order to be in compliance with all applicable standards and laws. The repairs are anticipated to be completed within approximately four (4) to eight (8) months.
2. The Engineering Division has identified that Broward County’s contract IFB No. PNC2124420B1, “Pavement Resurfaces and Repairs,” includes the necessary line items to perform the modifications to sidewalks, adjacent swales, and streets required to address the findings outlined in the LOF.
3. Broward County awarded IFB No. PNC2124420B1, “Pavement Resurfaces and Repairs,” to Weekley Asphalt Paving, Inc., with an effective date of October 4, 2022, for an initial one-year term with two additional one-year renewal options. The initial contract period expired on October 3, 2023, and Broward County exercised both renewal options, extending the contract through October 3, 2025. Broward County subsequently extended the agreement, pursuant to the solicitation and agreement’s terms and conditions, through January 1, 2026. The agreement was then renewed again on an automatic month-to-month basis for a period not to exceed twelve (12) months, through and including December 31, 2026. The City Attorney’s Office has reviewed the terms of this renewal and approved the City’s use of the agreement.
4. Weekley Asphalt Paving, Inc. has agreed to allow the City to use, on an as-needed basis, the items provided for and utilizing pricing established on Broward County's Bid # PNC2124420B1.
5. Staff recommends City Commission to approve the agreement with Weekley Asphalt Paving, Inc. for miscellaneous repairs of sidewalks, swales, streets and other work on an as-needed basis to comply with The Americans With Disabilities Act (ADA), utilizing pricing established in Broward County's bid # PNC2124420B1, for a total amount not to exceed $500,000, pursuant to section 35.18(C)(5) of the City's Code of Ordinances.
Financial Impact
FINANCIAL IMPACT DETAIL:
a) Initial Cost: As-needed basis - Not to Exceed $500,000.
b) Amount budgeted for this item in Account No: Funds are available in Account # 100-541-6002-546164-0000-000-0000-(R&M Resurfacing).
c) Source of funding for difference, if not fully budgeted: Not Applicable.
d) 5-year projection of the operational cost of the project: Not Applicable.
e) Detail of additional staff requirements: Not Applicable.
FEASIBILITY REVIEW:
A feasibility review is required for the award, renewal and/or expiration of all function sourcing contracts. This analysis is to determine the financial effectiveness of function sourcing services.
a) Was a Feasibility Review/Cost Analysis of Out-Sourcing vs. In-House Labor Conducted for this service? Not Applicable.
b) If Yes, what is the total cost or total savings of utilizing Out-Sourcing vs. In-House Labor for this service? Not Applicable.