HomeMy WebLinkAbout2015-074-08/18/2015-APPROVING AN EXCEPTION TO THE USE OF A COMPETITIVE PROCESS TO CONTRACT WITH BROWN BEAR CORPORATION F RESOLUTION 2015-074
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING AN EXCEPTION TO THE USE OF A COMPETITIVE
PROCESS TO CONTRACT WITH BROWN BEAR CORPORATION FOR A
HYDROSTATIC TRACTOR WITH AERATOR FOR THE FORT COLLINS WATER
TREATMENT FACILITY
WHEREAS, the City of Fort Collins Water Treatment Plant produces sludge which is a
byproduct of the water treatment process and that sludge must be dried and removed from the
site approximately once a,year and transported to the Larimer County Landfill for disposal;
WHEREAS, in order to dry the sludge it needs to be turned over several times in lagoons
where the water is 3 to 4 feet deep and air dried until it can be transported to the Landfill; and
WHEREAS, the City has been using a 1987 Brown Bear Hydrostatic Tractor with
Aerator to turn over the sludge in lagoons and the drying beds as it is a specialized piece of
equipment designed and specifically manufactured to operate in 3 to 4 feet of water without
becoming stuck or damaged; and
WHEREAS, the Water Treatment Facility has used the Brown Bear tractor effectively
since 1987 and the tractor is critical to drying the sludge, but the City can no longer obtain new
replacement or repair parts for the 28-year old machine and it has reached the end of its useful
life and it is necessary to purchase another piece of equipment; and
WHEREAS, alternative vendors and solutions were investigated to understand the
competitive environment and available options to replace the tractor; and
WHEREAS, such investigation included consulting with representatives from other
tractor manufacturers, and the leading alternative was manufactured by Komptech, however,
after visiting the Water Treatment Facility the Komptech representative concluded that their
tractor with a rotating aerator attachment could not effectively perform the drying function in the
lagoons/drying beds; and
WHEREAS, the electrical systems on alternative tractors are lower on the vehicle body
making them susceptible to severe damage from the wet sludge but the Brown Bear model is
designed to be elevated out of deep sludge and high water levels and is specifically designed to
operate in high water levels that make it uniquely suited to this work; and
WHEREAS, the price quoted by Brown Bear of $439,066 includes a $25,000 credit for
the trade-in value of the 1987 tractor and such price is competitive with alternative equipment,
but such alternatives are not suitable for the City's needs; and
WHEREAS, alternative funding sources were investigated including cost sharing with
the Soldier Canyon Filter plant but the Soldier Canyon Steering Committee issued a non-
recommendation of a sharing agreement; and
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WHEREAS, the 2015 Minor Capital Budget for the Water Treatment Facility which
was approved as part of the 2015/2016 Budgeting for Outcomes process includes a line item with
a balance of$534, 474.00 specifically for the purchase of a new Brown Bear tractor, if approved
by City Council; and
WHEREAS, the sole source purchase of the Brown Bear Tractor was presented to the
City of Fort Collins Water Board on July 16, 2015 and the Board unanimously recommended
that the City Council adopt the Resolution authorizing the sole source purchase of the Brown
Bear Hydrostatic Tractor with Aerator; and
WHEREAS, the City Code Section 8-161(d)(1)(a) authorizes the City's Purchasing
Agent to award a contract without competition if there exists only one (1) responsible source;
and
WHEREAS, the City's Purchasing Agent and other City staff recommend the adoption of
this resolution; and
WHEREAS, the Purchasing Agent has determined that the single source exception is in
the City's best interest and appropriate in connection with this procurement in order to maximize
the benefits to the City and minimize the risks to the City by purchasing the Brown Bear Tractor,
which has a design that is uniquely suited to the operation of the City of Fort Collins' Water
Treatment Facility; and
WHEREAS, as required by City Code Section 8-161(d)(2), the Purchasing Agent has
submitted this determination to the City Manager, and the City Manager has approved it; and
WHEREAS, City Code Section 8-161(d)(3) requires prior approval of this purchasing
method by the City Council for all procurements which exceed Two Hundred Thousand Dollars
($200,000.00).
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the City Council hereby adopts as its findings the recitals set forth above
and authorizes the Purchasing Agent to enter into a contract with Brown Bear Corporation
consistent with this Resolution for the purchase of a Hydrostatic Tractor with Aerator for use in
the Water Treatment Facility, and to do so as an exception to the City's competitive procurement
requirements for the reasons set forth herein.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
18th day of August, A.D. 2015.
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