Martin questions Waupaca’s single bid contract
By Angie Landsverk
A Waupaca alderman’s question about why three bids were not sought for a design proposal resulted in the city amending its purchasing ordinance.
Cooperative purchasing agencies or other government purchasing programs may now be used for capital expenditures instead of the city always having to get three written quotes or proposals.
This allows the city “to be part of a larger purchasing block, whether it’s the county, state or a purchasing group,” said Russ Van Gompel.
He said it does not relieve those groups from following the statutory process and getting three bids.
“They’re doing the bidding on behalf of the city,” Van Gompel said.
He served as the city’s interim administrator until Aaron Jenson was hired for the position.
Jenson’s first day on the job was Sept. 3.
The common council unanimously approved the amendment earlier this month.
All members were present.
Martin questions single bid contract
Ald. Dmitri Martin questioned the process during an August council meeting.
That was after Director of Public Works Justin Berrens brought forward a request to approve a contract with Wheeler Lumber for the design of a salt shed, on the city’s Haberkorn Field site.
It was the only proposal sought.
The city’s ordinance requires three quotes or written proposals for capital expenditures between $10,000 and $25,000.
Martin said approving the contract says to the constituents, “We don’t have to follow our ordinances, but you do. I think it sets a bad precedent.”
The council approved the contract by a vote of 8-1.
The cost is not to exceed $104,480.
Martin voted no, and Ald. Paul Mayou was absent.
In the past, the city relied on Waupaca County’s salt shed on East Fulton Street, Berrens said.
With the county’s Highway Department moving to County Trunk A, the city could either “go out to A or construct one at Haberkorn for the next 50 years,” Berrens said.
Haberkorn Field is the proposed site of the city’s future Public Works facility.
Wheeler Lumber designed three new salt sheds for Waupaca County, as well as for other county highway departments in the state and Wisconsin’s Department of Transportation, Berrens told the council.
“One of the salt sheds designed for Waupaca County is nearly identical to the size of (the) salt shed we need. Furthermore, Wheeler was recommended by Waupaca County staff,” he wrote in a memo to Mayor Brian Smith and the council.
Conflicting policies
When Martin noted the city’s ordinance requires three quotes, Berrens said there is also a section in the ordinance where that “can be foregone for several reasons.”
The ordinance states three written quotes or proposals “shall be obtained unless it is a sole source purchase and is of such a nature that it is impossible to get comparative quotes or proposals.”
Berrens also referred to a Professional Services Procurement Policy adopted by the council in 2005.
That policy allows city staff to select and recommend a firm, and to justify why that firm was selected by identifying value savings.
Martin asked if the city‘s prior public works director had the ability to supersede the city’s ordinance.
City Attorney Tom Hart replied, “No.”
He also said that section of the city’s ordinance is poorly written.
“A strict reading of the ordinance would require three written bids,” Hart said.
The mayor suggested tabling Berrens’ request for further discussion.
But then Ald. Paul Hagen asked Berrens when the city would have the salt shed by, if the council approved the design contract.
“Pending approval tonight, somewhere between late August and early November of this year,” Berrens said.
Hart said there is a section in the ordinance dealing with emergency purchases.
“I don’t know if it’s a stretch, but it’s there,” he said.
Ald. Eric Olson asked what deems an emergency and who decides it.
Hart said the ordinance does not give any guidance.
Martin told to ask questions before council meets
Before the council voted, the mayor said some are new to the council and do not have the “full scope of the history of what was done in the past.”
Martin was elected to the council in April.
Smith also told Martin to contact department heads in advance when he has questions.
Putting them on the spot is not fair, as it does not allow them to do research, the mayor said.
The ordinance amendment recognizes the Professional Services Procurement Policy Berrens referred to.
It will be included in the city’s code book.