Loading...
1993-10-06 Work Session NEW HANOVER COUNTY BOARD OF COMMISSIONERS CONTINUED MEETING, OCTOBER 6, 1993 BOOK 23 PAGE 754 ASSEMBLY The New Hanover County Board of Commissioners reconvened the continued meeting of October 4, 1993, on Wednesday, October 6, 1993, at 7:30 A.M. in the Health Department Library located at 2029 South 17th Street, Wilmington, North Carolina. Members present were: Commissioners Sandra Barone; Wi11iamA. Caster; William E. Sisson, Jr.; vice-Chairman E. L. Mathews, Jr.; Chairman Robert G. Greer; County Manager, Allen 0' Neal; County Attorney, Wanda P. Copley; and Clerk to the Board, Lucie F. Harrell. Chairman Greer called the meeting to order to consider a bid award for the purchase two roll off trucks to be used at the Landfill, and to consider a resolution authorizing and approving the issuance and sale of hospital revenue bonds. AWARD OF BID AND CONTRACT #94-0082 TO TOM BAILEY MOTORS, INC. FOR PURCHASE OF TWO ROLL OFF TRUCKS FOR THE NEW HANOVER COUNTY LANDFILL County Manager 0' Neal commented on the memo prepared by Purchasing Agent, Amy Akin, and inquired as to whether the Commissioners had any questions. vice-Chairman Mathews requested a brief summary on the events of the bid process. Purchasing Agent, Amy Akin, reported only one bid was received at the first bid opening. The bid submitted by Triple T Parts & Equipment Company, Inc. was opened but did not have a sufficient bid bond; therefore, the bid did not comply to the State bidding law and could not be accepted. The entire bid package was returned to the vendor with no public record of the bid. Staff was directed to re-bid the project. Chairman Greer reported he was under the impression that the bid became public record, which was one of his concerns. County Manager 0' Neal commented on the importance of returning the bid package to a vendor in order to allow him to re-bid the project and stated NCGS Statute 143-129 clearly states that when only one bid is received and is insufficient, the County cannot accept the bid. Therefore, no bid of record is on file. If the bid package had been kept, the bid would have become public record. Mr. Tom Gore, representing Triple T Parts & Equipment Company, inquired as to why a record was not kept of the first and only bid. Concern was expressed for the bid being opened at the first bidding process with everyone seeing the bid proposal. County Manager O'Neal reported the only persons who saw the bid were staff members. No copies were forwarded to the Board of County Commissioners nor did the bid become public record. Mr. Gore, again questioned, the first bid being opened and now hearing that the bid opening never happened. Purchasing Agent Akin reported when receiving the second bid packages, several factors were considered in the computation of the bid bond. The bid bond had to be 5% of the total amount of the highest bid; therefore, Triple T's bid bond was insufficient and the alternate bids for the two other trucks could not be considered because the first base bid was insufficient. In order to comply with State bidding law, the entire bid package had to be rejected. Chairman Greer reported, for clarification, Mr. Gore submitted a bid on one type truck and a bid on another type truck with one type of truck being more expensive than the other; therefore, the bid bond was not sufficient for one of each type of truck submitted. In order for the bid bond to have been sufficient, the least expensive trucks would have to be considered by the County. NEW HANOVER COUNTY BOARD OF COMMISSIONERS CONTINUED MEETING, OCTOBER 6, 1993 BOOK 23 PAGE 755 vice-Chairman Mathews inquired as to whether this matter was discussed with Mr. Gore? Purchasing Agent Akin reported this matter was discussed with Mr. Gore and at that time he agreed that the bid bond was insufficient; that the bid was not public record; and that the bid package was being returned. When the second bids were opened and staff recommended award of the bid to Tom Bailey Motors, Inc., complaints were received from Mr. Gore. As to the second bid openings, staff bid to Tom Bailey Motors, Inc. because contract from the time of placing the delivery, the County would save $7,952.94. recommended award of the over the course of the order to the date 0 f Chairman Greer asked if Tom Bailey, Inc. had assured delivery of the vehicles within 60 to 90 days? Purchasing Agent Akin reported she has been assured by Tom Bailey, Inc. that the vehicles will be delivered as promised with one vehicle being available within 45 days. The other vehicle will be delivered within 60-90 days. County Manager O'Neal reported funds for the purchase of the trucks were included in the FY 1993-94 Budget and the bidding process began after July 1, 1993. The Board is aware of the time delay in the bidding process, and the County has not been negligent in the process of ordering the vehicles. Mr. Gore inquired as to how the Purchasing Agent computed the $7,952.94 figure? Purchasing Agent Akin reported the bid from Tom Bailey Motors, Inc. is $4,507.06 more than the Triple T bid; however, the County will have to wait an additional 3 1/2 months for the delivery of trucks from Triple T. During this period of time, the County will save $12,460 in maintenance costs with the early delivery of the trucks, which will provide a net savings of $7,952.94. Mr. Gore inquired as to the monthly cost of maintenance for the trucks being presently used? Purchasing Agent Akin reported approximately $3,500 per month. Mr. Gore reported if the County was aware of the funds required for maintaining the present trucks in August, and a bid was submitted with compliance to specifications as requested in the bid proposal, why was the bidding process prolonged, at a cost of $3,500 monthly to the taxpayers, just to see what two other firms may have to offer. Chairman Greer reported the Purchasing Agent must follow the State bidding law and could not accept the bid since the bid bond was insufficient. Mr. Gore, agaln, stated he could not see why the bid bond was insufficient. Chairman Greer reported the bid bond covered only two of the cheaper trucks; however, Triple T submitted a bid quoting a figure on a more expens i ve truck and a figure on a cheaper truck. Obviously, Triple T intended to use a combination of the trucks quoted in responding to the bid, whether with one expensive truck and one cheaper truck or with two cheaper trucks. The bid bond only covered the two cheaper trucks which was insufficient and could not be accepted. Mr. Gore reported the bid proposal stated the lowest bidder would be awarded the contract, and Triple T was the lowest bidder with a White truck, instead of a Mack truck. NEW HANOVER COUNTY BOARD OF COMMISSIONERS CONTINUED MEETING, OCTOBER 6, 1993 BOOK 23 PAGE 756 Chairman Greer inquired as to why the Mack truck was submitted ln Triple T's bid response? Mr. Gore stated the Mack truck was included because he was informed that a Mack truck and Hei1 Hoist were desired; however, a truck of equal value could be quoted, which was a White truck; therefore, the performance bond in this case did not actually apply. County staff agreed the performance bond did not apply; however, when the proj ect was re-bid for the second time, a performance bond was not included because he had been told the bond did not apply. If the performance bond is removed from the figure, the bid bond would be more than sufficient. Motion: After discussion of being required to comply to the State bidding law, Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson to adopt the resolution awarding the bid to Tom Bailey Motors, Inc. in the amount of $150,893 for purchase of the two roll off trucks for the Landfill. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Caster Commissioner Sisson Vice-Chairman Mathews Chairman Greer Voting Nay: Commissioner Barone A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXI, Page 20. ADOPTION OF BOND ORDER AUTHORIZING THE ISSUANCE OF HOSPITAL REVENUE BONDS OF THE COUNTY OF NEW HANOVER Chairman Greer reported the Board is requested to consider and take action on a Bond Order authorizing the issuance of hospital revenue bonds of the County secured by net revenues of the County's Health Care System. Motion: Commissioner Caster introduced the Bond Order entitled "AN ORDER AUTHORIZING THE ISSUANCE OF HOSPITAL REVENUE BONDS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA TO PROVIDE FUNDS FOR THE PURPOSES, INTER ALIA, OF FINANCING THE ACQUISITION AND CONSTRUCTION OF ADDITIONS AND IMPROVEMENTS TO THE COUNTY-OWNED HOSPITAL IN NEW HANOVER COUNTY, KNOWN AS NEW HANOVER REGIONAL MEDICAL CENTER AND PROVIDING FOR THE ISSUANCE OF ADDITIONAL INDEBTEDNESS FOR VARIOUS PURPOSES", a copy of which with draft dated October 1, 1993, was submitted to the meeting, and MOVED that it be adopted with such revisions as the Chairman or Vice-Chairman of the Board and the Clerk to the Board, with advice of counsel, may deem necessary and appropriate. Following discussion of the Bond Order, Commissioner Sandra Barone SECONDED THE MOTION AND THE BOND ORDER WAS ADOPTED UNANIMOUSLY. Chairman Greer advised the members of the Board that the next order of business was to consider and take action on a series resolution providing for the issuance of the County's Hospital Revenue Bonds (New Hanover Regional Medical Center Project) Series 1993 in the principal amount not exceeding $30,000,000 including approvals respecting a lease agreement, an official statement and a bond purchase agreement and providing for other matters ln connection therewith. Chairman Greer stated the Series Resolution delegates to the Finance Director of the County the authority to determine certain terms of the Bonds subject to limitations set forth in the Bond Order and such Series Resolution. Motion: Commissioner Caster introduced the Series Resolution entitled "SERIES RESOLUTION AUTHORIZING AND APPROVING THE ISSUANCE AND SALE OF NOT EXCEEDING $30,000,000 AGGREGATE PRINCIPAL AMOUNT OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA HOSPITAL REVENUE BONDS NEW HANOVER COUNTY BOARD OF COMMISSIONERS CONTINUED MEETING, OCTOBER 6, 1993 BOOK 23 PAGE 757 (NEW HANOVER REGIONAL MEDICAL CENTER PROJECT) SERIES 1993, TO PROVIDE FUNDS TO ACQUIRE, CONSTRUCT AND EQUIPMENT IMPROVEMENTS TO THE HEALTH CARE FACILITIES OWNED BY THE COUNTY, AND AUTHORIZING AND APPROVING THE FORM AND TERMS OF THE LEASE AGREEMENT, THE OFFICIAL STATEMENT AND THE BOND PURCHASE AGREEMENT AND THE EXECUTION AND DELIVERY OF THE LEASE AGREEMENT, THE OFFICIAL STATEMENT AND THE BOND PURCHASE AGREEMENT AND THE DISTRIBUTION AND USE OF THE PRELIMINARY OFFICIAL STATEMENT, THE OFFICIAL STATEMENT AND THE BOND ORDER IN CONNECTION WITH THE PUBLIC OFFERING OF THE BONDS, a copy of which with draft dated October 1, 1993, was submitted to the meeting, and MOVED that it be adopted with such revisions as the Chairman or Vice-Chairman of the Board and the Clerk to the Board, with the advice of counsel, many deem necessary and appropriate. Following discussion, Vice-Chairman Mathews SECONDED THE MOTION and the Series Resolution was adopted by UNANIMOUS VOTE. A copy of the Bond Order and Resolution are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXI, Page 21. ADJOURNMENT Chairman Greer adjourned the meeting at 7:50 A.M. Respectfully submitted, Lucie F. Harrell Clerk to the Board