HomeMy WebLinkAboutBPW-04-02-03-01 Purchase Aerobic Digester/No bidding APPROVED, AS TO
RESOLUTION NO. BPW-O4-02-O3-01 FORM
A RESOLUTION OF THE BOARD OF PUBLIC WORKS AND SAFETY OF THE
CITY OF CARMEl.,, INDIANA, DETERMINING TO FORGO COMPETITIVE
BIDDING AND REQUEST PROPOSALS FOR ANAEROBIC DIGESTER MIXER
EQUIPMENT FOR THE CARMEL WASTEWATER UTILITY FOR THE CITY
OF CARMEL, INDIANA
WHEREAS, pursuant to Indiana Code, the Board of Public Works and Safety (the
"Board") may enter into contracts for Wastewater equipment as they are "duly authorized and
empowered by law or delegated and entrusted with authority to make purchases of material,
equipment, goods, and supplies"; and
WHEREAS, pursuant to Indiana Code 5-22-2-25, the Board is a purchasing agency as it
is authorized to enter into contracts by this article; and
WHEREAS, City of Carmel has determined to purchase anaerobic digester mixer
equipment for its Wastewater Utility; and
WHEREAS, although price will be an important consideration in purchasing the
anaerobic digester mixer equipment, other factors are equally important, including but not
limited to, dependability, durability, repair costs, and availability of replacement parts; and
WHEREAS, pursuant to Indiana Code 5-22-9-1, the Board is authorized, as a purchasing
agent, to make a written determination that the use of competitive sealed bidding is not practical
or not advantageous to the governmental body and may award a contract using the procedures of
this Indiana Code 5-22-9 for requesting proposals instead of using a sealed bidding procedure
under Indiana Code 5-22-7; and
WHEREAS, pursuant to Indiana Code 5-22-9-2, when such a determination is made, the
Board shall solicit proposals through a request for proposals, after giving public notice of such
request according to Indiana Code 5-3-1, which must include the following:
1. The factors or criteria that will be used in evaluating the proposals;
2. A statement concerning the relative importance of price and the other
evaluation factors;
3. A statement concerning whether the proposal must be accompanied by a
certified check or other evidence of financial responsibility, which may be
imposed in accordance with rules of the governmental body, and
4. A statement concerning whether discussions may be conducted with
responsible offerors, who submit proposals determined to be reasonably
susceptible of being selected for award; and
WHEREAS, pursuant to Indiana Code 5-22-9-4, the Board shall then open proposals so
as to avoid disclosure of contents to competing offerors during the process of negotiation; and
WHEREAS, pursuant to Indiana Code 5-22-9-5, the Board shall then prepare a register of
proposals that is open for public inspection after the award of the contract and that contains a
copy of the request for proposals; a list of all persons to whom copies of the request for proposals
were given; a list of all proposals received that includes the names and addresses of all offerors,
the dollar amount of each offer and the name of the successful offeror and the dollar amount of
that offer; the basis on which the award was made; and the contents of the contract ftle except for
proprietary information; and
WHEREAS, pursuant to Indiana Code 5-22-9-6, the Board may conduct discussions with
the final offerors who submitted proposals as provided in the request for proposals or under the
rules of the Board; and
WHEREAS, pursuant to Indiana Code 5-22-9-7, the Board shall award the contract to the
responsible offeror whose proposal is determined in writing to be the most advantageous to the
Board, considering price and other evaluation factors set forth in the request for proposals; and
WHEREAS, the procedures set forth in Indiana Code Chapter 5-22-9 will allow the City
to maintain appropriate price competition while allowing it at the same time to evaluate offers on
the other important bases besides price.
NOW, THEREFORE, BE IT RESOLVED by Board of Public Works and Safety of
Carmel, Indiana, that:
Section One:
The Board is making a written determination that competitive sealed
bidding is either not practicable or not advantageous to the governmental
body..
Section Two: The Board is determining that receiving proposals is the preferred method
of awarding a contract for the purchase of anaerobic digester mixer
equipment for the Carmel Wastewater Utility.
Section Three: The Board will follow the procedures outlined above and the provisions of
the Indiana Code 5-22-9 for requesting proposals.
Section Four: This Resolution shall be in full force and effect from the date of passage,
and its publication, as provided by law.
PASSED by the Board of Public Works of the City of Cannel, Indiana this ~ day of
__¢3~\ ,2003, by a vote of -.~ ayes and ~:e nays.
CITY OF CARMEL, INDIANA
BY ITS BOARD OF PUBLIC WORKS
AND SAFETY~
Ja~s Brainard, Presiding Officer
Date:
M ar y/An~l B up e~M e~m.b er
Date
ATTEST:
J Diana L. Cordray, IAMC Clerk-Treasurer
STATE OF INDIANA )
) SS:
COUNTY OF )
Before me, a Notary Public in and for said County and State, personally appeared James
Brainard, Mary Ann Burke, and Lori Watson, by me known to be the Members of the City of
Carmel Board of Public Works and Safety, and Diana L. Cordray, Clerk-Treasure of the City of
Carmel, who acknowledged the execution of the foregoing "Non-Remonstration Agreement" on
behalf of the City of Carmel, Indiana.
Witness my hand and Notarial Seal this
,2003.
My Commission Expires:
NOTARY PUBLIC
Printed Name
My County of Residence:
Date: