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HomeMy WebLinkAboutResolution - 2884 STATE OF CALIFORNIA ) RESOLUTION NO. 2884 COUNTY OF RIVERSIDE) ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, APPROVING THE AWARD OF A CONTRACT TO BRITHINEE ELECTRIC, OF COLTON, CALIFORNIA, FOR THE MANUFACTURE AND INSTALLATION OF A VARIABLE FREQUENCY DRIVE FOR LAKE PARK WELL WHEREAS, the City of San Jacinto ("City") is a municipal corporation of the State of California; and WHEREAS, California Public Contract Code sections 22000 et seq. (the "Uniform Public Construction Cost Accounting Act") authorizes the City to adopt an ordinance providing for alternative bidding processes for various projects; and WHEREAS, pursuant to the Uniform Public Construction Cost Accounting Act, the City has adopted Ordinance No. 1092, adding Chapter 3.08 to the San Jacinto Municipal Code; and WHEREAS, San Jacinto Municipal Code section 3.08.120(B) provides that formal or informal bidding is not required when the City Council determines that a competitive market does not existing, such as, but not limited to, when the needed supplies, services and equipment are proprietary and can only be provided by one source; and WHEREAS, applicable California case law provides that the City does not have to engage in a competitive solicitation for bids when there is no competitive advantage available to the City in doing so; and WHEREAS, the City has determined that there exists a real and true need for a variable frequency drive (VFD)for Lake Park Well; and WHEREAS, after extensive inquiry, City staff has determined that Brithinee is the only source that can provide the supplies, services and equipment necessary for the project, because of the following: Brithinee will be providing a warranty and is the only supplier and servicing company with the ability to respond to an emergency situation (i.e., within hours and not days) because Brithinee is located within the state and within only 36 miles. Because of the potential for emergency service calls to the Lake Park Well's VFD, it would be in the City's and the public's best interests to ensure that the servicing company is located nearby in order to respond to such emergencies in a timely manner, and Brithinee has extensive expertise in the manufacture and installation of Variable Frequency Drives for large well pump motors, and Brithinee has offered the City a trade-in value of $10,000 for the "soft start" system currently on the Lake Park Drive well site. Otherwise, the equipment would have to be surplused at a substantial loss to the City, and Brithinee has had a successful track record with the City installing VFD's on other electrical motors, including the Bath Booster Station, and Brithinee has maintained an industry-wide reputation for being the best in their field, and The original contractor who installed Lake Park Well offered to do the same work for nearly three times the amount proposed by Britinhee, and Other vendors who were solicited stated that they would have to use Brithinee Electric as a subcontractor to perform the work if they were to bid on the project; and WHEREAS, as a result, no competitive market exists, since the services and equipment can only be provided by this one source, Brithinee. NOW, THEREFORE, BE IT RESOLVED determined and ordered by the City Council of the City of San Jacinto: 1. The City hereby adopts the recitals set forth herein as though fully set forth herein. 2. Based on the findings made by the City in this Resolution and any and all oral or written evidence submitted at the meeting at which this Resolution was adopted, the City Council hereby authorizes the City Manager or his designee to execute a contract with Brithinee Electric, of Colton, California, for the manufacture and installation of a variable frequency drive (VFD) for the Lake Park Well, in an amount not to exceed One Hundred Thousand Dollars ($100,000.00). The scope of work shall be as attached to the accompanying staff report. The contract shall be in a form approved by the City Manager and City Attorney. PASSED, APPROVED and ADOPTED, this 6th day of April, 2006, by the following vote: Ayes: Ayres, Buydos, Ritchie, Shaw Nays: None Absent: Stubblefield Abstain: None City of Sa acinto by Ren aw, Vice Mayor ATTEST: ` t . Airha�rrdj Miller, Interim City Clerk, on behalf of: Dorothy Chouinard, City Clerk APPROVED AS TO FORM: BEST, BEST & KRIEGER LLP S�1=0;z %?a...c,i-<) Je rey S. Ballinifer, City Attorney Note: Resolution Number 2884 was either lost or destroyed, and is subsequently being recreated and executed by the current City Clerk so that there is an official record of this resolution. WITNESS my hand this 215t day of January, 2010 Richard Miller, Interim City Clerk