42-95 Ordinance AMENDED
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RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance No. n4-2....9.5n-.(.Amended} Passedmn__mn.m__m__..m-.n.mnm.um19--.m.
AN ORDXHANCE ACCEPTXHG THE LOWEST AND BEST BXD
FOR A HEW "ASPHALT RECYCLER", AU'l'HORXZXHG
..,....,., THE CXTY KAHAGER TO BHTER XH'l'O A COH'l'RACT FOR
! PROCUREMBHT 01' SAXD EQUXPKBH'l', AND DECLAIUHG
AN EMERGEHCY.
.........
WHEREAS, after conducting formal advertising and competitive
bidding procedures for a new "Asphalt Recycler"; and,
WHEREAS, Council has determined that the bid submitted by
Keizer-Morris, Inc. , in the amount of $13,800.00, for said
equipment is the lowest and best bid;
HOW, THEREFORE BE XT O~HED by the council of the City of
Dublin, state of Ohio, of the elected members concurring:
Section 1. That the bid submitted by Keizer-Morris, Inc., in
the amount of $13,800.00, for above mentioned equipment is
hereby accepted.
section 2. That the city Manager is hereby authorized to
enter into a contract with Keizer-Morris, Inc. for the
procurement of said equipment as specified within said
bidder's bid proposal on a file in the Division of Personnel
and Purchasing.
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section 3. That this Ordinance is hereby declared to be an
emergency measure necessary for the preservation of the public
........... health, safety, and welfare in that the city is well into the
prime asphalt maintenance season and this equipment is
critically needed to address lingering asphalt problems.
Therefore, this Ordinance shall take effect and be in force
immediately upon passage.
J Cffh day of r !)
Passed this , 1991.
Mayor _ Officer
ATTEST:
~(!-~
Clerk of council
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I herch'! r.ortifv thot conies of this Orti'no!lce/-ResallJtian were pO$tlld in thl!
....... City of Oublin in accordance wit~ Section 731.25 of the 09Jio R.vlfld Co.,
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Clerk of Coundl, Dublin, Ohio
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KBKORAlfDUK
TO: Members of Dublin City Council
FROM: Timothy C. Hansley, City Manager;'
SUBJECT : Asphalt Recycler Bid Process
DATE: June 1, 1995
- BY: David L. Harding, Director of Personnel & Purchasing ~
Attached for your consideration, please find Ordinance No. 42-95 accepting the
...... lowest and best bid for a new "Asphalt Recycler". Also attached for your review
is a copy of the bid tabulation.
This bid process involves the purchase of a specialized piece of equipment
designed to repair pavement deficiencies (Le. improper seams, sunken utility
cuts, buckled surfaces, potholes, etc. ) and will be used primarily by the
Division of Maintenance for street, road, and parking lot repairs. This
equipment heats and softens the damaged asphalt through infrared technology,
allowing the asphalt material to be re-used together with new hot mix material
in forming a patch at the proper grade.
In addition to formally advertising the bid notice in a newspaper of general
circulation, as legally required, staff also mailed bid documents directly to six
vendors on our established mailing list and publicizing the bid opportunity
through Bid-Net. As reflected in the attached bid tabulation, the City received
bids from the following vendors:
. Keizer-Morris, Inc.
. M.H. Corbin, Inc.
As noted in the bid tabulation, the bid submitted by Keizer-Morris, Inc. in the
amount of $13,800.00 is the lowest bid. The bid submitted by M.H. Corbin, Inc.
is in the amount of $20,979.00. In addition to being the higher of the two bids
received, the Corbin bid also contained several deviations from our equipment
specifications; therefore, it is considered to be an alternate bid.
- Although the bid from Keizer-Morris in the amount of $13,800 is the lowest bid,
it is not without defect. As noted in the bid tabulation, Keizer-Morris failed
to enclose a bid bond with their bid; such is a requirement of the City's general
bid conditions. As such, Keizer-Morris' bid contains an irregularity. staff has
~ sought the advice of the Law Director on this issue and has been advised that the
City has the option of waiving such an irregularity in Keizer-Morris' bid and
that such action would be defensible. (The City's bid documents contain language
which reserves the City's right to waive irregularities in bid proposals and to
accept the bid which, in the City'S opinion, is in the best interest of the
City) . Since the bid submitted by Keizer-Morris is the lowest bid and meets our
equipment specifications, and the identified irregularity does not affect the
substance of the bid, staff believes that acceptance of said bid would be in the
best interest of the city. Staff, therefore, recommends that the above-mentioned
irregularity be waived and said bid accepted.
Please note that Ordinance No. 42-95 has not been drafted as emergency
legislation; however, staff would request Council to consider emergency passage
at the second reading on June 19, 1995. Given that the Capital Budget was only
adopted on March 20, 1995, and that the Division of Maintenance has a real
operational need to bring this equipment on line during the prime asphalt
maintenance season, staff believes emergency passage would be justified.
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