HomeMy WebLinkAboutResolution 2023-067 N.C.S. 05/15/2023 DocuSign Envelope ID:85BC4550-14A7-4A37-BF2F-9075DC7E6E04
Resolution No. 2023-067 N.C.S.
of the City of Petaluma, California
MAKING REQUIRED FINDINGS AUTHORIZING A PURCHASE FROM BADGER METER
FOR THE ADVANCED METERING INFRASTRUCTURE (AMI) WATER METER UPGRADE,
AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS
NECESSARY TO COMPLETE THE PURCHASE
WHEREAS,the City of Petaluma is a California municipal corporation and charter city authorized to provide
water services within certain boundaries in accordance with Government Code Section 38730 et seq., Title 15 of
the Petaluma Municipal Code, and other applicable law; and
WHEREAS,the Sonoma County Water Agency(Sonoma Water)is a wholesale supplier of water to the City
of Petaluma and other municipal water contractors pursuant to the Restructured Agreement for Water Supply
("Restructured Agreement,") executed on June 23, 2006, by and between Sonoma Water, the Cities of Cotati,
Petaluma, Rohnert Park, Santa Rosa, Sonoma, and Forestville, the North Marin and Valley of the Moon Water
Districts and the Town of Windsor, collectively known as the Water Contractors; and
WHEREAS,the City of Petaluma has the authority and pursuant to the Restructured Agreement is obligated
to adopt water demand reduction measures within its area of service during water supply shortages in accordance
with water supply reductions imposed by Sonoma Water; and
WHEREAS,Resolution 2022-005 N.C.S. authorized the grant application, acceptance, and execution for the
City of Petaluma Advanced Metering Infrastructure (AMI)project; and
WHEREAS, on June 14, 2022, the grant was executed between the State of California Department of Water
Resources (DWR) and the City of Petaluma (City), granting the City $7,502,702 for the implementation of the
project; and
WHEREAS, no City funding match is required; and
WHEREAS,the City's public works contracts and equipment purchases are also subject to the requirements
of the City Charter, which requires competitive bidding for acquisitions above a certain threshold, according to
bidding procedures specified in the purchasing chapter in the Municipal Code; and
WHEREAS, Section 4.04.050 of the Municipal Code allows dispensing with formal bidding when a
commodity can be obtained from only 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 Redevelopment,
Agency (1980) 104 CAM 631); and
WHEREAS, the City's existing water meter devices and water billing system are currently provided by
Badger Meters; and
WHEREAS,based on compatibility between advanced metering infrastructure,meter devices, and the water
meter body, familiarity with the already-in-place billing system, and other benefits offered in the software
systems, replacing Badger Meters; and
Resolution No. 2023-067 N.C.S. Page 1
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WHEREAS, if the City were to not procure from Badger Meters the City would need to replace all its meters
which would be more substantially expensive than just purchasing the standalone AMI; and
WHEREAS,the City has a current license with Badger Meters for the billing software, and purchasing from
a different provider would require the City to need to replace its existing license; and
WHEREAS, staff are trained to repair and maintain Badger meters equipment, and purchasing a new AMI
would require staff to be trained in the new equipment; and
WHEREAS, the City has identified Badger Meters to be the best-suited supplier to provide water meter-
related materials for the AMI project; and
WHEREAS, as Badger Meter AMI are the only AMI that allows a seamless interface with the City's existing
infrastructure and billing software it would be unavailing and provide no advantage to bid out this purchase; and
WHEREAS, staff recommends that the City designate Badger Meters as a sole-source vendor to furnish the
water meters and associated parts for the AMI project; and
WHEREAS, a quote has been received by Badger Meters for the purchase of materials for $3,723,353.69
(taxes included); and
WHEREAS,there is sufficient funding for the purchase of the quoted materials in the executed grant awarded
for the project and no City funding match is required.
NOW, THEREFORE,BE IT RESOLVED that the City Council of the City of Petaluma hereby:
1. Declares that the above recitals to be true and correct and are incorporated into this resolution as Endings of
the City Council.
2. Finds that The AMI project was determined to be categorically exempt under CEQA Guidelines, sections
15301 (Existing Facilities and 15302 (Replacement)). The project consists of a minor alteration to existing
facilities in the City of Petaluma. All improvements will replace existing meters. Moreover, the AMI will
reduce time, labor, cost, energy, and GHG emissions compared to the existing AMR system which requires
Water Service Representatives to drive by to read each meter.Accordingly,there is negligible or no expansion
of use beyond what currently exists;the AMI replacement will result in a benefit to the environment and there
are no cumulative impacts, unusual circumstances, or other factors that would make the exemption
inapplicable pursuant to CEQA Guidelines section 15300.2.
3. Approves the purchase of water meters and associated parts for $3,723,353.69 from Badger Meters for the
AMI project.
4. Finds that the purchase of water meters and associated parts was in compliance with the purchasing
requirements of the City's Charter and Municipal Code.
5. Authorizes the City Manager, or their designee, to execute any necessary agreements and documents to
complete the purchase of the water meter parts and related items.
6. Directs staff to file a Notice of Exemption with the County Clerk.
Resolution No. 2023-067 N.C.S. Page 2
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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 Approved as to
Council of the City of Petaluma at a Regular meeting on the 15'day of May 2023, F' �
ocuftned*fn:
by the following vote:
ity ttorney
AYES: Mayor McDonnell,Vice Mayor Cader Thompson,Councilmembers Barnacle,
Healy,Nau,Pocekay,Shribbs
NOES: None
ABSENT: None
ABSTAIN: None
DocuSigned by: DocuSigned by:
F
ATTEST: F� Ella h6V6n In&
Ar-
City Clerk Mayor
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