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HomeMy WebLinkAbout2007-30 Solar Pioneer Project RESOLUTION NO. 2007- ,~O BEFORE THE CITY OF ASHLAND LOCAL CONTRACT REVIEW BOARD A RESOLUTION EXEMPTING FROM COMPETITIVE BIDDING THE DESIGN AND CONSTRUCTION OF THE ASHLAND SOLAR PIONEER GENERATION SYSTEMS PROJECT LCRB RESOLUTION THE CITY OF ASHLAND RESgLVES AS FOLLO.WS: ~ 1/0/0, ~ 1117107 - B?\ r;v ;? 71 of. 6/). oRS { ',..J SECTION 1. ORS ~79.QI5 and AMC S2.50.035.8 permits the Ashland City Council sitting as the Local Contract Review Board to exempt contracts from competitive bidding if it finds: 1. The lack of bids will not result in favoritism or substantially diminish competition in awarding the contract; and 2. The exemption will result in substantial cost savings. SECTION 2. This ordinance provides that in making such findings, the Board may consider the type, cost, amount of the contract, number of persons available to bid, and such other factors as the Board may deem appropriate. Where appropriate, the Board shall direct the use of alternate contracting and purchasing practices that take account of market realities and modem or innovative contracting and purchasing methods, which are also consistent with the public policy of encouraging competition. SECTION 3. In order to exempt a public contract from competitive bidding, the Board must adopt written findings that support the awarding of a particular public contract or a class of public contracts without competitive bidding. The findings must show that the exemption of a contract or class of contracts complies with the requirements of AMC S2.50.030.B. The Board adopts the attached findings from Dick Wanderscheid to the Mayor and City Council dated June 26,2007, as findings justifying the exemption. The Board finds that this exemption will not result in favoritism or substantially diminish competition in awarding the contract and the exemption will result in substantial cost savings. SECTION 4. The Board resolves that an exemption be granted as follows: Design and Construction of the Ashland Solar Pioneer II Generation Systems. This project is exempted from competitive bidding. The City shall use requests for proposals (RFP) as the alternative method in selecting a qualified designer and contractor. The RFP shall set forth the specific criteria upon which the selection shall be made and how the proposals submitted in response to the RFP will be evaluated. The criteria will utilize the qualifications described in the memorandum referred to above and shall be specific as to final product envisioned by the City. Cost shall be evaluated as a factor, but shall not be the sole determining factor in awarding the contract. SECTION 5. This resolution takes effect upon signing by the Mayor. This resolution was read by title only in accordance with Ashland Municipal Code 92.04.090 duly PASSED and ADOPTED this 17th day of July 2007. ~~ Barbara Christensen, City Recorder SIGNED AND APPROVED THIS 17 '-~ Reviewed as to form: Ashland Solar Electric Generation System Exemption from competitive Bidding Draft Findings June 26, 2007 The City of Ashland is soliciting bids to install a Solar Electric Generating System on city facilities located at 90 N Mountain Ave. in Ashland, Oregon The project size should be between 85-95kW of net AC production at PTC. This project was competitively bid previously as a construction project with the bids due on May 8, 2007. Two bids were received and neither met the minimum requirements of the project. The City is proposing to rebid this project as a request for proposals with the criteria for selection as follows: Criteria Maximum Score Cost per Watt (Based on system AC output) 45 Expected annual electricity generation, documented performance, 15 warranty, and acceptance test plan Bidder experience with similar installations 15 Completeness and thoroughness of design 10 Schedule of work 10 Aesthetics 5 Bidding the system in this matter should result in substantial cost savings because we should get many more qualified bidders than bidding the system out as a low bid construction project. Justification for Ashland pursuing this course of action is as follows: 1. The bidding of the system as a low-bid construction project resulted in no firm submitting a bid which met the City's bidding requirements. Using this process should result in a more competitive bidding situation. 2. The process proposed will provide the City with adequate operational, budget and financial data which will allow the selection of a bidder that gives the City the best overall value for the project. 3. The public benefit of installing this solar electric system will be accomplished by bidding the system in this manner 4. Because price will still be the main selection criteria, the City will still be assured that a quality engineered system that is of good value will be achieved by this process. 5. Installation of a solar electric system does require specific expertise and since we will be awarding points based on the bidder experience, the expertise required will be acquired as a result of this process. 6. The system will be installed to comply with all building, electric and utility requirements so it will be constructed so as to not compromise public safety. 7. Market conditions, when the system was bid in May 2007, resulted in no acceptable bids being received by the City. Since the new process awards points for the schedule of construction, but also allows prospective contractors the ability to develop their own schedule, we feel that market conditions will be better than the previous process which have had a rigid schedule within a very short time line. 8. While this proposal is not technically complex, awarding points for bidders experience will ensure that the system will be installed by technically competent installers. 9. Funding sources will remain the same as they were when this project was bid in May, as a low bid construction project. Based on the City's previous attempt to bid this project in May and the above reason the Ashland City Council makes the following findings: a. It is unlikely that the exemption will encourage favoritism in awarding of this public improvement project or substantially diminish competition for this public improvement projects b. The awarding of the public improvement contract under this exemption will result in substantial cost savings to the Electric Department.