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HomeMy WebLinkAboutRES NO 092-09 RESOLUTION NO. 0 9 2 09 A RESOLUTION DETERMINING THAT BIOXIDE, A 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 THEREFOR, FOR A PERIOD OF ONE (1) YEAR NOT TO EXCEED THE BUDGETED AMOUNT OF $700,000. WHEREAS, some areas of southwest, northwest and northeast Bakersfield were experiencing continuous odor problems from the Sewer Trunk Lines, which led to a finding of high levels of sulfide gas in the sewer system; 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 Carollo Engineers to establish an odoralleviation program, which recommended the continuous injection of Bioxide; and WHEREAS, only Bioxide was determined to be effective in controlling odors in the City's sewer system; 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 restricted availability due to patent restrictions and has recommended that this Council authorize dispensing with bidding requirements in accordance with subsection D.1 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 the sewer trunk lines, can only be reasonably obtained from one vendor (U.S. Filters) for the reasons set forth above. S:\PURCH\ADMIMResolutions\Bioxide Sole Source Resolution, August 19, 2009.doc ~~AKF9 Page 1 of 2 Pages ° sue` v o ORIGINAL 3. The Finance Director is authorized to dispense with bidding therefore in accordancewith Section 3.20.060 of the Bakersfield Municipal Code and to negotiate the purchase of same on a continuing basis, not to exceed budgeted amounts for a period of one (1) year. I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on AUO 1 9 700P by the following vote: ✓ ✓ ✓ ✓ Ay : COUNCILMEMBER: CARSON, 5(RCWNU-IWEIR,000CH, HANSON, SULLIVAN NOES: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ABSENT: COUNCILMEMBER h W\ n,,,, -L- A CITY CLERK AND EX OFFICIO the Council of the City of Bakersfiel APPROVED AUO 19 009 By KKRVNTI L. HALL Mayor APPROVED AS TO FORM: VIRGINIA G NARO City Attorn By S:\PURCH\ADMIMResolutions\Bioxide Sole Source Resolution, August 19, 2009.doc ~$Wk;q Page 2 of 2 Pages v o ORIGINAL