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HomeMy WebLinkAbout4.08 WaiverComptivBidProv CITY OF DUBLIN AGENDA STATEMENT City Council Meeting Date: March 13, 1989 SUBJECT: Request for Waiver of Competitive Bid Provision of City Purchasing Ordinance for Purpose of Purchasing Replacement Pool Pumps (Report by Public Works Director Lee Thompson) EXHIBITS ATTACHED: Copy of Purchasing Ordinance RECOMMENDATION: ~) Waive provision of purchasing ordinance requiring competitive bid for purchases over $5,000 based on Section 5(e) (finding that the purchase is an emergency and that the purchase will be made from the nearest source of supply). Authorize purchase of pool pumps from Paco Pumps in the amount of $6,569.80. 2) FINANCIAL STATEMENT: Cost of two pumps and motors is $6,569.80, which falls within the approved $100,000 budgeted in the 1988-89 CIP for pool renovations. DESCRIPTION: On January 9, 1989, the City Council authorized Staff to solicit bids to repair the Dublin Pool pumps and heater to allow for early opening. The original pump/motor combination specified by the City's pool consultant was no longer available, and Staff instructed the consultant to redesign the system. As the newly-specified pumps are not "shelf" items, the normal lead time is ten to twelve weeks for delivery. This time factor, added on to the normal bidding time for the contractor to install the equipment, was unacceptable. Staff decided to fast-track the process by ordering the pumps and motors separately and going to bid for the installation work concurrently. Staff contacted Paco Pumps, which has a sales, parts, and service operation in Oakland) for a quote on pumps and found that they did have two of the pumps available but in a slightly different configuration than needed for the City's pool. Paco can machine some parts and supply the required equipment within four weeks at a cost of $6,569.80. As this situation is considered an emergency based on a committed early pool opening and possible loss of revenue and service to the public, Staff is recommending that the City Council authorize a waiver of the competitive bid requirement of the City's Purchasing Ordinance (Ordinance 16-83). The best-case schedule for repairs is as follows, based on approval of the waiver: 6) 7) 8) 9) City Council waives competitive bid requirement 3/13/89. Purchase order issued to pump supplier 3/14/89. Bid opening for installation/repair work 3/21/89. City Council award of installation contract 3/27/89. Contractor completes contract documents apd begins removal of existing equipment 4/3/89. I' ' Pumps and motors delivered to site 4/11/89. Installation complete 4/18/89. fool heat~..... i.èpail ÙV cx.~st.ing 1ua~lit~¡lh..t:e contr~,;:::of'I/'i I ':"'~! Pool open 4/24/89. 1) 2) 3) 4) 5) Based on the mechanical problems with the pool, the swim team has been told the pool will open as soon as possible, subject to the needed repairs being made. It should be noted that normal opening of the pool for public use occurs in mid- to late May. ~~~~-~~:--~':J.i------------------------~~~~~~-~~:------------------------- f'?,. \~:,~)fl'i /C0. ,. '~ ··~t>'J ORDINANCE NO. 16 - 83 . AN ORDINANCE OF THE CITY OF DUBLIN ESTABLISHING PROCEDURES FOR THE PURCHASE OF GOODS AND SERVICES THE CITY COUNCIL OF THE CITY OF DUBLIN DOES ORDAIN AS FOLLOWS: Section 1. ADOPTION OF A PURCHASING SYSTEM A purchasing system is hereby adopted in order to establish efficient procedures for the purchase of supplies, services and equipment to secure for the City supplies, services and equipment at the lowest possible cost commensurate with the level of quality required, to exercise financial control over p.urchases, and to clearly define authority for the purchasing function. Section 2. PURCHASING AGENT The City Manager is hereby designated as Purchasing Agent. The City Manager may delegate all or a portion of the purchasing duties to any City Staff member. The Purchasing Agent shall have the authority to: (a) Purchase or contract for supplies, services and equipment required by the City, in accordance with purchasing procedu~es outlined in this ordinance. (b) Negotiate and recommend execution of contracts for the purchase of supplies, services and equipment. (c) Act to procure for the City the necessary quality in supplies, services, and equipment at ~he lowest cost to the City. (d) Prepare and recommend to the City Council revisions and amendments to the purchasing rules. (e) Establish and maintain such forms as reasonably necessary to the operation of purchasing guidelines. (f) Supervise the inspection of all supplies, services, and equipment purchased to insure conformance with specifications. (g) Recommend the sale o'r disposal of all supplies and equipment which cannot be used by the City, or which have become unsuitable for City use. (h) Maintain a bidder's list and other records necessary for the efficient acquisition of goods and services. PURCHASING ORDINANCE Page I r;¡; (.:""'7i.) ,~.' (~ Section 3. Purchase of $5,000.00 or more made by City Council through Competitive Bid , "..en the amount or value involved is at least Five Thousand dollars ($5,000.00), the purchase or disposal shall be made by the City council through competitive bid as outlined below: (a) Notice inviting bids shall include a general description of the services and/or articles to be purchased or sold, where bid blanks and specifications may be obtained, the time and place for bid openings, and whether bid deposit or bond and faithful performance bond will be required. (b) Notice inviting bids shall be posted in at least three (3) public places in the City that have been designated by ordinance as the place for posting public notices, at least ten (10) days before the dat~ of opening the bids. (c) The purchasing Agent shall also solicit sealed bids from all responsible prospective suppliers whose names are on the bidder's list and may advertise the notice inviting bids in applicable publications. (d) When deemed necessary by the Purchasing Agent or City Council, any bidder may be required to submit a bid deposit or bond in an amount ,determined by the Purchasing Agent or City Council. A successful bidder (and his surety, if a bond is furnished) shall be liable fOe any damages upon the bidder's failu~e to enter into a contract Wl~n the City or upon the bidder's failure to perform in accordance with the tenor of his bid. (e) ,When deemed necessary by the Purchasing Agent or City Council, any person or entity entering into a contract with the City may be required to furnish a faithful Rerformance deposit or bond in an amount determined by the Purchasing Agent or Council. (f) Bids shall be opened in public at the time and place stated in the public notices. A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than thirty (30) calendar days after the bid opening. (g) At its discretion, the City Council may reject all bids presented and readvertise for bids. (h) Contracts shall be awarde'd by the City Council to the lowest responsible bidder, except as otherwise provided herein. (i) If two or more bids received from responsible bidders are for the same total amount or unit price, quality and service being equal, preference shall be given to the local vendor, or the City Council may accept the lowest bid made by negotiation with the tie bidders and the Purchaslng Agenc at the tim~ of the bid opening PURCHASING ORDINANCE Page 2 Q\ ,un (0. section 4. FACTORS SUPPORTING PURCHASING AWARD . :chases shall be awarded after consideration of the following factors: (a) The amount of bid price. (b) The ability, capacity and skill of the bidder to perform the contract or provide the service required. (c) The ability of the bidder to perform the contract or provide the service promptly, or within the time specified, without delay or interference. (d) The reputation and experience of the bidder. (e) The previous experience of the City with the bidder. (f) The previous and existing compliance by the bidder with the laws and ordinances. (g) The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service. (h) The quality, availability, and adaptability of the supplies or- contractual services to the particular- use required. ( i ) The ability .9f the bidder- to provide future maintenance and service for the use of the subject of the contract. (j) The number and scope of conâitions attached to the bid. Section 5. EXCEPTIONS TO COHPETITIVE BIDDING REQUIRE¡'IENTS The provisions of this ordinance req~iring competitive bidding shall not apply to the following: (a) Contracts involving the acquisition of professional or specialized services, such as, but not limited to, services rendered by architects, attorneys, engineers, and other specialized consultants. (b) Where the City's requirements can be met solely by a single patented article or process. , (c) To situations where no bids have been received following bid announcements under other provisions of this ordinance. (d) When the amount involved is less than two hundred dollars ($200.00). -#: (e) IYhen 2nemergency reqt' ires that an order be pli',ced \;~ th t~¿ nearest source of 5U?ply. PURCHASING ORDINANCE Page 3 ~,.. . .'.. " r:Th .. . ,;;.- ~·~,!.1 . ',~ (f) when a purchase involves goods of a technical nature, where it would be difficult for a vendor to bid on a standard set of specifications, the purchasing Agent shall undertake a thorough review of known products and a comparison of features which would most closely meet the City's needs at the least cost. When the procurement falls into any of the categories listed above, the Purchasing Agent may authorize contracts made by negotiation, provided that the amount does not exceed five thousand dollars ($5,000.00). When the amount exceeds Five Thousand dollars ($5,000.00), the action must be authorized by the City Council. Any request for an exception under this section shall include the nature of the contract, amount of the contract, and the reasons why competitive bidding is not feasible. Section 6. INFORMAL PROCEDURES/LIMITS Where the amount or value involved is more than two hundred dollars ($200.00), but less than Five Thousand Dollars ($5,000), the purchase or disposal may be made by the Purchasing Agent, without written bid, and by informal price checking through telephone or mail inquiry, comparison of prices on file or otherwise. Every attempt shall be made to receive at le~st three (3) price quotations. At the discretion of the Purchasing Agent, the acauisition of goods and services \;here the v~lue is at least Two Hundred but ;s than Five Thousand Dollars, the formal competitive bid process may be ed. Section 7. PURCHASE ORDERS All purchases shall be documented by a purchase order prepared by the purchasing Agent. The original copy shalr be directed to the vendor and one copy shall be retained for the purchase order file. The final copy shall be directeâ to the department for whose benefit the purchase is being made to be used as a receiving report. section 8. AVAILABILITY OF SUFFICIENT FUNDS No purchase order shall be issued until it has been ascertained that there is to the credit of the department of the City for whose benefit such purchase is to be made, a sufficient unappropriated balance in excess of all unpaid obligations to defray the amount o~ such order. Section 9. INSPECTION AND REVIEW The purchasing agent shall require the inspection of supplies and equipment delivered, and contractual services performed, to determine their conformance \;ith the specifications and requirements set forth in the order or contract. . PURCHASING ORDINANCE Page 4 Â" ...,,:\ ·..-"V r/~' .._:..)1 Section IO. SURPLUS SUPPLIES AND EQUIPMENT . such times as determined by the purchasing Agent, reports shall be prepared showing all supplies and equipment which are no longer used or which have become obsolete or worn out. The Purchasing Agent shall have the authority to sell, trade or exchange all said supplies and equipment. Such sales will be made pursuant to Section 3 or Section 6 of this ordinance, whichever is applicable. Section II. SPLITTING ORDERS It shall be unlawful to split or separate into smaller orders the purchase of supplies, materials, equipment or services for the purpose of evading the competitive bidding provisions of this chapter. section 12. PUBLIC PROJECTS EXCEPTED This ordinance is expressly made inapplicable to bids for public projects as defined by Government Code Section 37901 and where the expenditure required for the public project exceeds the limit set by Government Code Section 37902. The provisions contained in Government Code Section 37901 et. sec., establish contract procedures the City shall follow regarding public " projects. section 13. POSTING OF ORDINANCE e City Clerk of the City of Dublin shall cause t~is ordinance to be pos~ed \ at least three (3) public places in the City of Dublin in accordance with _¿ction 36933 of the Government Code of the Staté of California. PASSED AND ADOPTED by the City Council of the City of Dublin on this 12th day of December, 1983, by the following votes: AYES: Councilmembers Drena, Hegarty, Jeffery, Moffatt and Mayor Snyder NOES: None ABSENT: None -¿~u LA. - ~fayor / ./ AT?J,.JL c. ~ City Cler]\ PURCHASING ORDINANCE Page 5