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HomeMy WebLinkAboutRES NO 201-04RESOLUTION NO. 2 0 ! - 0 4 RESOLUTION DETERMINING THAT BIOXIDE (CHEMICAL), FOR SEWER ODOR CONTROL AND REDUCTION OF SULFIDE GAS LEVELS, CANNOT BE REASONABLY OBTAINED THROUGH THE USUAL BIDDING PROCEDURES AND AUTHORIZING THE FINANCE DIRECTOR TO DISPENSE WITH BIDDING THEREOF; NOT TO EXCEED $325,000 ANNUALLY. WHEREAS, some areas of southwest Bakersfield were experiencing continuous sewer odor problems with from the Buena Vista Trunk Line, which led to a finding of high levels of sulfide gas in the sewer system; and WHEREAS, nuisance odors are a violation of the San Joaquin Valley Unified Air Pollution Control District (District) Policies and can be punishable by a fine; and WHEREAS, the City was warned by the District to alleviate the nuisance odors and reduce the high levels of sulfide gas within the sewer system or face a fine; and WHEREAS, the Public Works Engineering Department contracted with John Carrollo Engineers to establish an odor alleviation program, which recommended the continuous injection of Bioxide; and WHEREAS, Bioxide is a proprietary product, patented by U.S. Filters, and is therefore a sole-source product; and WHEREAS, the Finance Director has determined, and has recommended the Council find, that the purchase of Bioxide can only be reasonably obtained from one vendor, U.S. Filters, because of patent restrictions and the need to continually inject the product to control odors in the Buena Vista Sewer Trunk and has recommended that this Council authorize dispensing with bidding requirements in accordance with subsection D.I. of Section 3.20.060 of the Bakersfield Municipal Code. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. The above-recitals are true and correct and incorporated herein by reference. 2. The Council hereby finds that the purchase of Bioxide, to be used for odor control within sewer trunk lines, can only be reasonably obtained from one vendor (U.S. Filters) because of patent restrictions, and the need to continually inject Bioxide to maintain control of odors. 3. The Finance Director is authorized to dispense with bidding therefor and to negotiate the purchase of same on a continuing basis, not to exceed $325,000. G:V~ROU p DA'I~ADMIN RPT~O04~6-23~BioxJde_Resolut~n.doc PW_St~set$:LAP. mf- 6/4/2004 11:32:22 AM -1- ORtGIN~L I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the City Couq~i[,o~,t~le~(~.it¥ of Bakersfield at a regular meeting thereof held on JUI~ , by the following vote: ABSTAIN: ABSENT: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULUVAN, SALVAGGIO COUNCILMEMBER ~ COUNCILMEMBER COUNCILMEMBER CITY CLERK and EX OFFI~O of the Council of the City of Bakersfield JUN 2 3 2004 APPROVED MAYOR APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: /1 (~ ,~'~ _ JALAI;~r/~L~~ Deputy City Attorney II G:\GRO U PDA'r~AD MINRPT~004~06-23~J~ioxi(te_ Resolution.doc PW_Streets:LAP-mf -- 6/4/2(X)4 11:32:22 AM -2- ORIGfN~L