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HomeMy WebLinkAboutReso 04-10 Pool Heater RepairRESOLUTION N0.4 -10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN *********** TO EXEMPT THE POOL HEATER REPAIR PROJECT FROM COMPETITIVE BIDDING REQUIREMENTS AND AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT FOR SUCH WORK IN AN AMOUNT NOT TO EXCEED $31,500 WHEREAS, the City of Dublin operates and maintains the Dublin Swim Center; and WHEREAS, it was recently discovered that the pool heater is in need of major repairs ("the Pool Heater Repair Project") and that the lead time to obtain the necessary parts to complete the repair is six to eight weeks; and WHEREAS, the Dublin Swim Center is scheduled to open for operations during the first week of February 2010, and it is necessary that a working pool heater be in place as soon as possible to ensure that the water temperature is suitable for such activities; and WHEREAS, the Pool Heater Repair Project is a public work subject to competitive bidding under California Public Contract Code section 20162, and projects subject to competitive bidding under the Public Contract Code are not subject to the City's Purchasing Ordinance (Chapter 2.36 of the Dublin Municipal Code); and WHEREAS, City staff has informed the City Council that competitive bidding of the Pool Heater Repair Project would delay the opening of the Dublin Swim Center until the middle of May 2010, due to the time needed to prepare the specifications and bid package, the bidding period, and the lead time for contractors to obtain the necessary parts; and WHEREAS, the City Council hereby finds that competitive bidding of the Pool Heater Repair Project would result in the public losing access to an important public facility and incurring additional expense, including, but not limited to, additional expense due to delay and the loss of revenue to the City as a result of the facility not being operational, and therefore competitive bidding of such work will not produce an advantage for the public; and WHEREAS, therefore the City has the authority to award a contract for the Pool Heater Repair Project, without competitive bidding, under the established common-law doctrine articulated in the case of Graydon v. Pasadena Redevelopment Agency (1980) 104 Cal.App. 3d 631. NOW, THEREFORE, the City Council of the City of Dublin does RESOLVE to waive the competitive bidding requirements for the Pool Heater Repair Project and authorize the City Manager to enter into an agreement for such work in an amount not to exceed $31,500. Page 1 of 2 PASSED, APPROVED AND ADOPTED this 19th day of January, 2010, by the following vote: AYES: Councilmembers Biddle, Hart, Hildenbrand, Scholz, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None ATT ST: City Clerk /" V~ _ Mayor Reso No. 4-10, Adopted 1-19-10, Item 4.12 Page 2 of 2