Explanation
BACKGROUND: For the option to purchase Eight (8) Cubic Yard Front Loading Refuse Containers for the Refuse Collection Division, the largest user. The term of the proposed option contract would be three years with an option to renew for two additional years, if mutually agreed.
Formal bids were opened in the Purchasing Office on May 29, 2003 in accordance with City of Columbus Code 329.06 for the specified eight (8) cubic yard Front Loading Refuse Containers. Twenty-six (MAJ:24, MBE:2) bids were solicited; three (MAJ:3) bids received. Three bids were received and evaluated by the Refuse Collection Division. All bidders were deemed non-responsive in one or more areas. The one area in which they were non-responsive was warranty. Section 6.9 of the specifications states "The Warranty Period shall be a minimum of ten full years from the date the City accepts the container." Capital Refuse Consultants, a local firm, bid a five (5) year warranty, which was the best warranty offered by the bidders. The other two bidders offered only one (1) year warranties.
In addition to only offering a one (1) year warranty, the lowest bid Valley Can did not submit the required documentation as stated in the bid proposal 6.6 and the Information to Bidders, Submission of Proposal in the bid packet. Also no information was submitted as to what product they were bidding.
The second lowest bidder Roll-Offs USA in addition to offering only one (1) year warranty did not submit the required documentation as stated in the Information to Bidders under Submission of Proposal. In addition, no information was submitted as to what product they were bidding.
It is the desire of the Refuse Collection Division to reject all bids and negotiate a contract that incorporates a five (5) year (or longer) warranty to Capital Refuse Consultants on an informal basis.
The Purchasing Office is recommending award of a contract to Capital Refuse Consultants, Inc.,
MAJ, CC#31-1243977
Estimated Annual Expenditure: $50,000.00
This ordinance is being submitted as an emergency because, without emergency action, no less than 37 days will be added to this procurement cycle and the efficient delivery of valuable public services will be slowed.
FISCAL IMPACT: Funding to establish this option contract is budgeted in the Purchasing Contract Account. The Refuse Collection Division will be required to obtain approval to expend from their own appropriations for their estimated annual expenditures.
Title
To authorize and direct the Finance Director to enter into a contract for an option to purchase Eight (8) Cubic Yard Front Loading Refuse Containers, with Capital Refuse Consultants, Inc., to authorize the expenditure of one dollar to establish the contract from the Purchasing/Contract Operation Fund, to waive formal competitive bidding requirements ,and to declare an emergency. ($1.00)
Body
WHEREAS, the Purchasing Office advertised and solicited formal bids on May 29, 2003; and
WHEREAS, Three bids were submitted in response to the formal bid advertisement. All bidders were non-responsive in one or more areas. The City is rejecting all bids and reconsidering the proposal from Capital Refuse consultants on an informal basis; and
WHEREAS, this ordinance addresses Purchasing objectives of 1) maximizing the use of City resources by obtaining optimal products/services at low prices and 2) encouraging economic development by improving access to City bid opportunities and 3) providing effective option contracts for City agencies to efficiently maintain their supply chain and service to the public; and
WHEREAS, an emergency exists in the usual daily operation of the Purchasing Office in that it is immediately necessary to enter into a contract for an option to purchase Eight (8) Cubic Yard Front Loading Refuse Containers, 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 Finance Director be and is hereby authorized and directed to enter into a contract for an option to purchase Eight (8) Cubic Yard Front Loading Refuse Containers in accordance with Solicitation No. SA000447BGB as follows:
Capital Refuse Consultants, Inc., Item(s): All Items, Amount: $1.00
SECTION 2. That the expenditure of $1.00 is hereby authorized from Purchasing Contract Account, Organization Level 1: 45-01, Fund: 05-516, Object Level 3: 2270, OCA: 451120, to pay the cost thereof.
SECTION 3. That in accordance with Section 329.27 of the Columbus City Code, this Council finds the best interest of the City is served by waiving, and does hereby waive Sections 329.06 (Formal Competitive Bidding) of the Columbus City Code.
SECTION 4. That for the reason stated in the preamble here to, 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 ten days after passage if the Mayor neither approves nor vetoes the same.
Attachment: ORD1892-2003waiver.doc