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Item 1.9 - Reso Terminating Bid and Authorizing Open Market Purchasing of 6 Truck BodiesAPPROVED 11 APPROVED AS AMENDED O (SEE MINUTES) DENIED O REMOVED O CONTINUED RESOLUTION NO. q' V TO: Honorable Mayor and Members of the City Council FROM: Tina M. White, Interim City Manager r INITIATED BY: Leah Browder, Director of Public Works Pat Ryan, Public Works Operations Manager SUBJECT: Resolution Terminating Bid Process for Purchase for the Construction and Installation of Six (6) Truck Bodies, RFB 14 -007, and Authorizing Open Market Purchasing or Competitive Negotiations Summary: A notice inviting bids for Purchase for the Construction and Installation of Six (6) Truck Bodies, RFB 14 -007, was duly advertised on January 9 and 16, 2014. One bid was received and opened on February 13, 2014. Staff reviewed the bid and determined the sole bid was non - responsive due to the lack of the required bid security. In the event no responsive bids are received, the City Council may direct staff to proceed with the purchase by the open market process or competitive negotiations, in accordance with California Public Contract Code Sections 20166 and 20167 and Poway Municipal Code Section 3.28.070 (E) and 3.28.080. Recommended Action: It is recommended that the City Council adopt the attached Resolution terminating the bid process for Purchase for the Construction and Installation of Six (6) Truck Bodies and authorizing open market purchasing or competitive negotiations pursuant to California Public Contract Code Sections 20166 and 20167; and authorize the Interim City Manager to execute any necessary documents. This item requires a four - fifths vote of the City Council pursuant to Public Contract Code Section 20167. Background: The City is purchasing six (6) truck chassis to be customized with truck bodies. The trucks are assigned to City divisions responsible for the maintenance of City infrastructure. Findings: To reach the broadest market, the bid for the Construction and Installation of Six (6) Truck Bodies, RFB 14 -007 was kept open for five weeks. It was duly advertised on 1 of 4 April 15, 2014 Item # 1. 9 Resolution Terminating Bid Process for Purchase for the Construction and Installation of Six (6) Truck Bodies, RFB 14 -007, and Authorizing Open Market Purchasing or Competitive Negotiations April 15, 2014 Page 2 January 9 and 16, 2014. Once the bid was advertised, staff called several businesses to make them aware the bid was available. The bid opening was held on February 13, 2014. One bid was received but it was deemed non - responsive. In the event that no bids are received for a public project, per the Municipal Code and upon four -fifths vote, the City Council may direct staff to proceed with the purchase by open market purchase or competitive negotiations, in accordance with California Public Contract Code Sections 20166 and 20167. Fiscal Impact: Sufficient funds are appropriated in the budget (0105 -6104) for the open market purchase of these truck bodies. Environmental Review: This action is not subject to CEQA review. Public Notification: None. Attachment: A. A Resolution of the City Council of the City of Poway, California Terminating Bid Process for Construction and Installation of Six (6) Truck Bodies and Directing Open Market Purchasing or Competitive Negotiations 2 of 4 April 15, 2014 Item # I. 9 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA TERMINATING BID PROCESS FOR CONSTRUCTION AND INSTALLATION OF SIX (6) TRUCK BODIES AND DIRECTING OPEN MARKET PURCHASING OR COMPETITIVE NEGOTIATIONS WHEREAS, the City of Poway did duly advertise for bids for purchase for the construction and installation of six (6) truck bodies; and WHEREAS, the time set for the deadline to receive bids for the purchase of the truck bodies was 3:00 p.m. on February 13, 2014; and WHEREAS, one bid was received but it was deemed non - responsive due to the bidder's failure to provide the required bid security; and WHEREAS, Poway Municipal Code Section 3.28.070 (E) provides that in the purchase of equipment in excess of $50,000, the City Council may reject all bids and readvertise for bids or, if no bids were received, the City Council may follow the procedures set forth in Public Contract Code Section 20167 and direct the Director of Administrative Services, or a person designated by the Director of Administrative Services to proceed with procedures for purchase of the equipment through the open market process or competitive negotiations; and WHEREAS, Purchasing, in concurrence with the Director of Administrative Services, recommends that the City Council authorizes the termination of the bid process and directs the Director of Administrative Services or a person designated by the Director of Administrative Services to proceed to acquire the truck bodies through either open market purchasing or competitive negotiation with one or more vendors; and WHEREAS, the City Council believes it to be in the best interest of the City to proceed with the acquisition and construction of the truck bodies through either open market purchasing or competitive negotiation with one or more vendors. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1: The City Council hereby finds that after fully complying with the City's purchasing ordinance, no responsive bids were received for the purchase for the construction and installation of six (6) truck bodies. Section 2: The City Council hereby terminates the bid process for the purchase for the construction and installation of six (6) truck bodies, and directs the Director of Administrative Services or a person designated by the Director of Administrative Services to proceed to acquire the truck bodies through either open 3 of 4 ATTACHMENT A April 15, 2014 Item # 1•9 Resolution No. 14- Page 4 market purchasing or competitive negotiation with one or more vendors, such procedure to be determined by the Director in his sole discretion. Section 3: This Resolution shall require a four -fifths vote of the City Council. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway at a regular meeting this 15thth day of April, 2014. Don Higginson, Mayor ATTEST: Sheila R. Cobian, CMC, City Clerk STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO) I, Sheila Cobain, CMC, City Clerk of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No. 14- was duly adopted by the City Council at a meeting of said City Council held on the 151h day of April, 2014, and that it was so adopted by the following vote: AYES: NOES: ABSENT: DISQUALIFIED: Sheila R. Cobian, CMC, City Clerk City of Poway 4 of 4 April 15, 2014 Item # I