COUNCIL AGENDA ITEM
SUBJECT:
title
Award of contract for Wastewater Bypass Pump (ITB 20-ES-007).
body
DEPARTMENT:
Finance
SUMMARY:
The City of Edgewater issued a Request for Proposals (ITB 20-ES-007) on May 14, 2020 with the sole purpose and intent of obtaining Bids from interested companies to provide a Wastewater Bypass Pump.
Nine (9) submittals were received however three (3) submittals (CDPW, Mersino and MWI Pumps) were deemed non-responsive for lack of submittal and signature on required forms. The remaining submittals were deemed to be responsible/responsive responders and pricing is as follows:
Vendor Total Bid % above Vendor Location
Amount low bid
Amco Pump Manufacturing, Inc $32,145.00 n/a Houston, TX
Holland Pump $32,180.86 .11% West Palm Beach, FL
Thompson Pump $41,939.00 30.47% Port Orange, FL
Technology, Inc. $44,690.00 39.03% Lake Mary, FL
Wastewater Solutions, LLC $45,933.00 42.89% Boca Raton, FL
Xylem Dewatering Solutions, Inc. $46,808.10 45.62% Lakeland, FL
Submittals deemed non-responsive
CDPW $32,964.00 2.55% Edgewater, FL
Mersino $36,499.24 13.55% Edgewater, FL
MWI Pumps $43,150.00 34.24% Orlando, FL
Based on the evaluation criteria, the Evaluation Committee recommended award per the stated bid award criteria to the lowest responsible/responsive bidder, Amco Pump Manufacturing, Inc. in the amount of $32,145.00 per terms and conditions set forth in ITB 20-ES-007.
Subsequent to the broadcast of the Notice of Recommendation, it was brought to our attention that the failure to submit the Declaration Form was an oversight by the City of Edgewater vendor, CDPW. Staff consulted the City Attorney and the Attorney’s opinion is as follows:
Based upon the facts and circumstances of our situation I believe the failure of the bidder to sign the Declaration Statement/Document Notification Affidavit was not a material deviation, but rather a minor irregularity. The failure of the bidder to sign the document did not adversely affect the competitive bidding and did not place the bidder in a position of advantage over the other bidders. It also did not affect the amount of the bid. Therefore, this minor irregularity may be waived by the City. The bidding documents reserved the right by the City to waive any irregularities. Also, the City’s purchasing policy provides that the City Manager on behalf of the City Council shall have the authority to waive any and all irregularities in any and all formal bids. Thus, you have the authority to waive the irregularity. I believe you should send the bidder a Request for Clarification of Proposal asking that they sign the Declaration and explain why the signed Declaration was not included with their bid. You could then waive the irregularity if you so choose and recommend the award to the Edgewater company.
Finally, the City’s purchasing policy provides that:
In the purchase of, or contract for, goods or contractual services, the City may give a preference of 3% percent of the bid price to local suppliers; provided, however, that this section in no way prohibits the right of the City Council to recommend award to the vendor that is the best interest of the City. The goods or services must be equal to or greater than the lowest responsive bidder. Local Preference shall only be given if not prohibited by any agreement and or grants associated with this award.
The Edgewater company’s bid was within 3% of the lowest bid so the Council may give preference to the local supplier so long as it is not prohibited by any agreement and/or grants associated with the award.
The vendor, CDPW, has submitted the document along with an explanation that it was simply an oversight the documents weren’t included in the original bid package.
Although staffs original recommendation of award was to the lowest responsible/responsive bidder, Amco Pump Manufacturing, Inc. in the amount of $32,145.00 In light of these developments, staff has no objections should Council determine to use its authority to waive the irregularities in this bid. Additionally, there is no prohibition to utilize the local preference of 3% percent to award the contract for the Wastewater Bypass Pump to the local vendor, CDPW in the amount of $32,964.
BUDGETED ITEM: ☒ Yes ☐ No ☐ Not Applicable Budgeted Amount $35,000
BUDGET AMENDMENT REQUIRED: ☐ Yes ☒ No ☐ Not Applicable
RECOMMENDED ACTION:
Motion to award and authorize the City Manager to execute a contract via a Purchase Order for the Wastewater Bypass Pump per terms and conditions set forth in ITB 20-ES-007 to the vendor Council feels is in the best interest of the City.