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Moraine Council approves multiple 2025 public-works contracts, adopts 10% change-order contingency after debate

April 12, 2025 | Moraine City Council, Moraine, Montgomery County, Ohio


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Moraine Council approves multiple 2025 public-works contracts, adopts 10% change-order contingency after debate
Moraine City Council on April 10 approved a bundle of 2025 public-works contracts and a small supplemental appropriation, and adopted a provision allowing up to a 10% contingency for change orders on the city’s 2025 asphalt paving program.

The debate centered on whether allowing contractors a built-in 10% change-order contingency would reduce council oversight. A councilmember said they “didn't feel comfortable” allowing that level of discretion without explicit future notification. City Engineer Lauren said the practice is new for Moraine but common among neighboring jurisdictions and the Ohio Department of Transportation, and argued it helps avoid leaving streets in a disrupted or unsafe state while change orders await council approval. The City Manager told council the engineer will report change orders to him and he will report back to council.

Why it matters: the change-order policy affects how quickly crews can respond to unforeseen field conditions and how much administrative oversight council retains over budget increases for projects paid from capital funds.

Votes at a glance
- Resolution 8146-25: Award contract to Barrett Paving Materials, Inc. for the 2025 asphalt paving program, $654,721.69; council authorized the city manager to execute needed change orders (up to specified amount). Vote: Councilmembers Miller, Doherty, Webb, Allen, Witt and Mayor Terry Murphy — all recorded “Yes.” Outcome: approved.
- Ordinance 2,1803-25: Supplemental appropriations for 2025 (period 01/01/2025–12/31/2025); includes $435 to the general fund (2024 liquor and beer permit revenue) and $339.12 ARPA funds toward city building renovations. Vote: unanimous. Outcome: approved as emergency.
- Resolution 8140-25: Award to R. A. Miller Construction Company for 2025 curb ramps and sidewalks, $247,758.95. Vote: unanimous. Outcome: approved.
- Resolution 8148-25: Award to LJ DeWeese Company Inc. for 2025 curb, road and storm structure improvements, $772,715. Vote: unanimous. Outcome: approved.
- Resolution 81409-25: Declare listed items surplus and authorize disposal via GovDeals, donation or trade-in. Vote: unanimous. Outcome: approved.
- Ordinance (table of organization amendment) 82182-25: Remove probationary firefighter rates from the table of organization because they are listed in the union contract; declared emergency and adopted at meeting. Vote: unanimous. Outcome: approved.

Council discussion
Councilmembers pressed staff on oversight for the change-order authority. One councilmember said the city had previously required change orders to return to council for approval and worried that pre-authorizing 10% would remove meaningful review. Lauren, identified in the meeting as the city engineer, said the 10% contingency is intended to expedite needed work when crews encounter unforeseen conditions — for example, deteriorated underlying pavement or curbing that become apparent only after work begins — and that similar policies are used by nearby municipalities and ODOT.

The City Manager said engineers would flag and report change orders to him and he would notify council, and that the total, even with potential change orders, remained under the annual budgeted amount for the programs.

What the legislation does and funding
The paving contract award covers the 2025 asphalt paving program at a base amount of $654,721.69; the council also approved supplemental appropriations that add modest revenues to the general fund ($435) and allocate $339.12 in ARPA funds to the city building renovation project. Other contract awards fund curb ramps, sidewalks and storm-structure work and are budgeted items.

Next steps
Staff will execute the awarded contracts and may approve necessary change orders within the authorized contingency. City engineering staff will report change-order activity to the city manager, who said he will notify council.

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