78-91 Ordinance
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. RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance No. mm?~_-=~_~nn Passed_________ _____________nmn______u___ _m_19m_____
AN ORDINANCE ACCEPTING THE LOWEST AND
.~ BEST BID FOR THE PAINTING OF THE ROOF AND
EXTERIOR TRIM OF THE DUBLIN MUNICIPAL
BUILDING, AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT GOVERNING
SAID PROJECT.
WHEREAS, after advertising and receiving bids for the painting
of the roof and exterior trim of the Dublin Municipal
Building; and
WHEREAS, Council has determined that the bid submitted by
Martin painting & Coating Company in the amount of $13,470.00
for said project is the lowest & best bid.
NOW, THEREFORE BE IT ORDAINED by the Council of the City of
Dublin, state of Ohio, j7 of the elected members
concurring:
section 1. That the bid from Martin Painting & Coating
Company in the amount of $13,470.00 for the above referenced
project be, and hereby is, accepted.
r Section 2. That the City Manager be, and hereby is authorized
I to execute a contract with Martin Painting & Coating Company
for the completion of the above referenced project pursuant to
~ said bidder's bid proposal and the City bid documents on file
within the Division of Personnel & Purchasing.
section 3. That this Ordinance be, and the same hereby is,
declared to be an emergency measure for the preservation of
the public peace, health, or welfare of the residents of this
City, and therefore this Ordinance shall take effect and be in
force immediately upon its passage.
Passed this ltt day of ~ , 1991.
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ATTEST:
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ADMINISTRATIVE REPORT
TO: Members of Dublin City Council
FROM: Timothy C. Hansley, City Manager
SUBJECT: Municipal Building Roof & Exterior Trim Painting
Bids
DATE: October 3, 1991
BY: David L. Harding, Director of Personnel & Purchasing
Summary , Action Recommended
After advertising and receiving bids for the painting of the roof
and exterior trim of the Dublin Municipal Building, said bids were
opened at 10:00 A.M. on Monday, October 1, 1991. Attached for your
consideration, please find the bid tabulation and Ordinance No. 78-
91 accepting the lowest & best bid. In staff's judgement, the bid
submitted by Martin Painting & Coating Company in the amount of
$13,470.00 is the lowest and best bid and acceptance of said bid
would be in the best interest of the City.
Issue
As part of the bid process, the City established a deadline for the
submission of bids of 9:30 A.M. Monday, October 1, 1991. The bid
opening itself was scheduled for 10:00 A.M. on the same date. At
approximately 9:25 A.M. on October 1, 1991, New Day Painting, Inc.
called and wanted to confirm that their bid was due at 11:00 A.M.
New Day was immediately reminded that the bid submission deadline
was 9:30 A.M. (Bidder should have known about the deadline as it
was very clearly noted in the City's bid documents) . New Day then
asked if they could FAX their bid and were subsequently permitted
to do so. However, New Day was also advised that their bid had to
be received by 9:30 A.M. New Day's FAX transmission started at
9:26 A.M. but did not conclude till 9:39 A.M. In the meantime, a
representative of Martin Painting & Coating Company hand carried
his bid to the City but arrived at 9:33 A.M., three minutes after
the deadline. (Bidder should have also known that the deadline was
9:30 A.M. as it was clearly noted in the bid documents.)
At the actual bid opening, both bidders were advised that their
bids would be taken conditionally and, after receiving direction
and advise from legal counsel, the City would give each bid due
consideration. Both bidders were also advised that upon obtaining
advise from legal counsel, the City would communicate with them
accordingly. (It should be noted, at this point, that the two bids
in question were the only bids received.)
staff subsequently consulted with the Law Director's Office and, in
the opinion of legal counsel, the City could receive both bids and
consider said bids on their relative merits. Since both bids were
technically received late and, since there were no other bidders
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involved, the feeling is that neither bidder would be given
preferential treatment or gain an unfair advantage by the City
receiving and considering both bids. Essentially, both bidders
were treated the same. The other option would have been to reject
both bids and subsequently re-advertise for bids. However, to do
so, in the judgement of staff, would not be in the best interest of
the City. Given the required minimum two week advertising period,
the allowance of an appropriate time frame for the submission of
bids, and the ensuing evaluation and legislative processes, staff
concluded that to reject both bids and re-advertise would delay
project initiation till the Spring of 1992 which, in staff's
judgement, is not advisable given the present appearance of the
roof and trim. Staff believes every attempt should be made to
complete the project before winter.
Evaluation of Bids
As reflected in the attached bid tabulation, the City received bids
from the following contractors:
* Martin Painting & Coating Company
* New Day Painting, Inc.
As depicted in the bid tabulation, New Day Painting, Inc. submitted
a bid of $37,000 for the project as specified. (It should be noted
that said bid exceeds the budget authorization of $20,000 for said
project by $17,000.) During the evaluation process, staff also
noted that the bid proposal from New Day Painting, Inc. contained
a guaranteed start date of April 15, 1992 and a guaranteed
completion date of May 15, 1992. New Day indicated in their
submission that the manufacturer of the paint they would use on
this project does not recommend application where there may be
fluctuation in the weather. In addition, Staff noted that there
was no mention of a guarantee or warranty for the work to be
performed, as was required by the City bid documents. In staff's
judgement, these are two relatively important factors which should
be given due consideration.
Martin Painting & Coating Company submitted a bid of $18,379 for
the project as specified. In addition, Martin Painting also
submitted an alternate bid of $13,470. Instead of painting the
entire roof (both older and newer sections) and all exterior trim,
as was specified, Martin Painting has proposed, as an alternate,
painting the older section of the roof to match the color of the
newer section, plus all exterior trim, for a price of $13,470. In
the contractor's opinion, the newer section of the roof is in
relatively good condition and would not necessarily need painting
at the present time. This newer section could be painted at a
later date for approximately $5,000. Staff concurs with the
contractor's judgement in this regard and would, therefore,
recommend acceptance of the alternate bid of $13,470. In addition,
Martin Painting would guarantee the work for a period of one year,
would guarantee a start date of within fourteen (14) days of notice
to proceed, and would guarantee a completion date of November 30,
i!llff'~'';i'h
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1991. (It should be noted that this guaranteed completion date
assumes the project is awarded by November 1, 1991. In addition,
if cool temperatures become a factor in completing a quality job,
the project would then be completed within 30 days of acceptable
weather in the Spring of 1992. At this point, given a date of
award of no later than November 1, 1991, Martin Painting has every
expectation that the project will be completed by November 1,
1991. )
Conclusion
Based upon the advice of legal counsel, the relative merits of both
bid proposals, and the other aforementioned relevant factors, staff
believes that it would be in the best interest of the City to
accept the bid submitted by Martin Painting & coating Company in
the amount of $13,470. Therefore, staff recommends that said bid
be accepted.
Please note that Ordinance No. 78-91 has not bee drafted as
emergency legislation; however, given the previously referenced
need to award the project to Martin Paint by November 1, 1991,
staff would respectfully request that Council consider said
Ordinance as emergency legislation at the second reading of said
Ordinance on October 21, 1991.
DLH/mc