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