HomeMy WebLinkAboutResolution 2017-127 N.C.S. 08/07/2017Resolution No. 2017-127 N.C.S.
of the City of Petaluma, California
MAKING REQUIRED FINDINGS AND AUTHORIZING CITY STAFF TO
SPECIFY BY BRAND NAME SPECIFIC MECHANICAL EQUIPMENT IN
SOLICITING BIDS FOR CONSTRUCTION, ALTERATION, AND REPAIR
PROJECTS AND OTHER SOLICITATIONS AND PROCUREMENTS
FOR THE CITY'S WASTEWATER TREATMENT FACILITIES
WHEREAS, California Public Contract Code Section 3400, subdivision (a), generally
prohibits state and local agencies and their officials from issuing bid specifications for public
works projects that limit bids to particular firms or designate items being acquired by brand
name, unless bidders are permitted to propose items equal to those specified by brand name; and
WHEREAS, Section 3400, subdivision (c) includes an exception that permits state and
local agencies and their officials to designate a material, product or service being procured by
brand or trade name in certain specified circumstances, including when necessary to match other
products in use on a particular public improvement, completed or in the course of completion;
and
WHEREAS, for the exception in Section 3400, subdivision (c) to apply, the awarding
agency or its designee must make a finding that is described in the bid invitation or request for
proposals that a material, product or service is designated by brand or trade name for one of the
reasons permitted under that subdivision; and
WHEREAS, City staff is standardizing the equipment determined to be critical
components of City wastewater treatment facilities; and
WHEREAS, standardization of such critical equipment will help reduce spare parts
inventory and reduce training needs by minimizing equipment variations; and
WHEREAS, standardization of critical equipment will improve consistency in operation
and maintenance and improve reliability by using equipment with a proven record of reliability;
and
WHEREAS, standardization of critical equipment will reduce long term costs for
operation and maintenance by having interchangeable parts for critical components; and
WHEREAS, staff has recommended the screw press by FKC, inline grinders by
Vogelsang, and enclosed waste gas burner by Varec be the standard equipment to be used in all
future wastewater treatment facilities projects.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma as
follows;
The City Council finds in accordance with California Public Contract Code Section 3400,
subdivision (c), that the following critical equipment required to operate the City's sewer
pump stations and waste water treatment facilities must be specified in City invitations for
Resolution No. 2017-127 N.C.S. Page 1
bids, requests for proposals and other solicitations and procurements in order to match
other products in use on particular City sewer pump station and waste water treatment
improvements either completed or in the course of completion:
a. Critical Waste Water Treatment Facilities Equipment:
Screw Press by FKC
Inline Grinders by Vogelsang
Enclosed Waste Gas Flare by Varec
2. City Staff are hereby authorized and directed in accordance with California Public
Contract Code Section 3400 to designate the critical sewer pump station and waste water
treatment facility equipment listed above in this resolution by brand or trade name in City
invitations for bids and requests for proposals for construction, alteration and repair
projects and in other solicitations and procurements and to describe the findings contained
in this resolution in such invitations for bids, requests for proposals and other solicitations
and procurements. In specifying such critical equipment by brand or trade name City Staff
are not required to permit suppliers to propose or furnish alternate or purportedly equal
equipment.
3. This resolution shall become effective upon its adoption,
4. If any section, subsection, sentence, clause, phrase, or word of this resolution is for any
reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent
jurisdiction or preempted by state legislation, such decision or legislation shall not affect
the validity of the remaining portions of this resolution, The City Council of the City of
Petaluma hereby declares that it would have adopted this resolution and each and all
provisions thereof irrespective of the fact that any one or more of said provisions be
declared unconstitutional, unlawful or otherwise invalid.
Under the power and authority conferred upon this Council by the Charter of said City,
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the A prove a to
Council of the City of Petaluma at a Regular meeting on the 71h day of August, t form
2017, by the following vote; !
City Attorney
AYES: Albertson, Vice Mayor Barrett, Mayor Glass, Healy, Kearney, King, Miller
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
City Clerk ayor
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