HomeMy WebLinkAboutResolution 2020-064 N.C.S. 05/18/2020Resolution No. 2020-064 N.C.S.
of the City of Petaluma, California
RESOLUTION MAKING REQUIRED FINDINGS AND AUTHORIZING
THE CITY TO SPECIFY BY BRAND NAME ELECTRICAL AND
MECHANICAL EQUIPMENT AND ALLOWING THE CITY TO
PRE -NEGOTIATE PRICING FOR SPECIFIED EQUIPMENT IN
SOLICITING BIDS FOR CONSTRUCTION OF THE TERTIARY PROCESS
UPGRADES PROJECT AT THE ELLIS CREEK WATER RECYCLING FACILITY
WHEREAS, California Public Contract Code Section 3400, subdivision (b), 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 to obtain a necessary item that
is only available from one source or, when necessary, to match other products in use on a
particular public improvement either completed or in the course of completion; and
WHEREAS, for the exceptions 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, Section 4.04.050 of the Petaluma Municipal Code allows formal bidding
procedures to be dispensed with when the commodity can be obtained from only from one
vendor; and
WHEREAS, the common law recognizes a bidding exception for circumstances where
competitive bidding of public contracts otherwise required by statute may be excused, including
circumstances where the contract is such that competitive proposals would be unavailing or
would not produce an advantage, and the advertisement for competitive bid would thus be
undesirable, impractical, or impossible (Graydon v. Pasadena Redevelopinent,4gency (1980)
104 CA3 d 631); and
WHEREAS, the Petaluma Tertiary Process Upgrades project requires improvements to
the filtration and ultraviolet light (UV) disinfection systems that will adequately treat increased
tertiary process flows at the Ellis Creek Water Recycling Facility (ECWRF); and
WHEREAS, the City has identified reputable vendors to provide critical equipment for
tertiary upgrades who are industry leaders manufacturing highly specialized equipment for
tertiary treatment processes; and
WHEREAS, staff recommends that the City designate Aqua -Aerobics Systems Inc. as a
sole -source vendor to furnish the AquaDisk System and associated equipment for a price
negotiated prior to bid solicitation; and
Resolution No. 2020-064 N.C.S. Page 1
WHEREAS, staff recommends that the City designate Suez Water Technologies as a
sole -source vendor to furnish the Ozonia Aquaray 40 HO Vertical Lamp Generation 2 Modules
and associated equipment for a price negotiated prior to bid solicitation; and
WHEREAS, under Resolution 94-11 N.C.S. the City designated Flygt as the sole -source
vendor for submersible pumps for wastewater treatment and staff intends to negotiate a price
prior to bid solicitation; and
WHEREAS, pre -negotiated prices for specified, sole -source equipment will be published
as part of the contract documents for bid solicitation for the Tertiary Process Upgrades Project;
and
WHEREAS, staff recommends vendor -specific electrical and mechanical equipment be
designated as sole -source items to maintain operational standardization and minimize operational
costs; and
WHEREAS, the City passed Resolution 2017-127 N.C.S. to standardizing some
equipment determined to be critical components for wastewater treatment processes and City
staff continues to recommend standardizing equipment determined to be critical at ECWRF; and
WHEREAS, standardization of such critical equipment helps reduce spare parts
inventory and reduce training needs by minimizing equipment variations; and
WHEREAS, standardization of critical equipment improves consistency in operation and
maintenance and improves reliability by using equipment with a proven record of durability; 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 recommends AquaDisk and associated equipment by Aqua -Aerobics
Systems, Inc., Ozonia Aquaray 40 HO Vertical Lamp Generation 2 Modules and associated
equipment by Suez Water Technologies, Submersible Centrifugal Pumps by Flygt, NP series,
PLC and PLC Component by Modicon Quantum, Valve Actuators by Rotork, Magnetic
Flowmeters by Sparling Instruments, Tigermag Series, and Butterfly Valves by DeZurik be the
standard equipment at the ECWRF to be used for the Tertiary Process Upgrade Project; and
WHEREAS, the environmental impacts related to the tertiary process upgrades that will
be accomplished pursuant to the equipment to be acquired pursuant to this resolution and the
related construction projects have been addressed in the environmental review conducted
pursuant to the original ECWRF EIR, the May 7, 2007 addendum, the original WREP EIR, the
December, 2015 and May, 2018 addenda, the August 14, 2018 NBWRA FEIR/EIS, and
Resolution 2018-147 adopted September 17, 2018 in accordance with the requirements of CEQA
and NEPA.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma as
follows:
1. The above recitals are hereby declared to be true and correct and incorporated into this
resolution as findings of the City Council.
Resolution No. 2020-064 N.C.S. Page 2
2. The environmental impacts related to the tertiary process upgrades that will be
accomplished pursuant to the equipment to be acquired pursuant to this resolution and the
related construction projects have been addressed in the environmental review conducted
pursuant to the original ECWRF EIR, the May 7, 2007 addendum, the original WREP
EIR, the December, 2015 and May, 2018 addenda, the August 14, 2018 NBWRA
FEIR/EIS, and Resolution 2018-147 adopted September 17, 2018 in accordance with the
requirements of CEQA and NEPA, and thus no separate, subsequent or supplemental
environmental review is warranted.
3. The City Council finds in accordance with California Public Contract Code Section 3400,
subdivision (c), Section 4.04.050 of the Municipal Code, and the holding in Graydon v.
Pasadena Redevelopment Agency (1980) 104 CAM 631 that Suez Water Technologies is
the only known manufacturer of UV disinfection equipment that conforms to existing site
conditions for the Tertiary Process Upgrades Project.
4. City Staff are hereby authorized and directed in accordance with California Public
Contract Code Section 3400 Section 4.04.050 of the Municipal Code, and the holding in
Graydon v. Pasadena Redevelopment Agency (1980) 104 CAM 631 to specify Suez
Water Technologies as a sole -source vendor.
5. The City Council finds in accordance with California Public Contract Code Section 3400,
subdivision (c), that the following critical equipment required to operate ECWRF must be
specified in City invitations for bids, requests for proposals and other solicitations and
procurements in order to match other products in use at the ECWRF either completed or in
the course of completion:
• Ozonia Aquaray 40 HO Vertical Lamp Generation 2 Modules and associated
equipment by Suez Water Technologies
• AquaDisk and associated equipment by Aqua -Aerobics Systems, Inc.
• Submersible Centrifugal Pumps by ITT Flygt, NP series
• PLC and PLC Component by Modicon Quantum
• Valve Actuators by Rotork
• Magnetic Flowmeters by Sparling Instruments, Tigermag Series
• Butterfly Valves by DeZurik
6. City Staff are hereby authorized and directed in accordance with California Public
Contract Code Section 3400 to designate the critical wastewater 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.
7. City Staff is hereby authorized to negotiate pricing for the AquaDisk system, Ozonia
Aquaray 40 HO Vertical Lamp Generation 2 Modules, and Flygt submersible pumps
Resolution No. 2020-064 N.C.S. Page 3
prior to solicitation for bids and to be included in contract documents for the EMU
Tertiary Process Upgrades Project.
8. This resolution shall become effective upon its adoption.
9. 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 Approv s
Council of the City of Petaluma at a Regular meeting on the 181h day of May 2020, f m:
by the following vote:
AYES: Mayor Barrett; Vice Mayor Fischer; Healy; Kearney; King; McDonnell; Miller
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
City Clerk
City Attorney
Mayor
Resolution No. 2020-064 N.C.S. Page 4