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HomeMy WebLinkAbout3262 RESOLUTION NO. 3262 A RESOLUTION of the City Council of the City of Bremerton, Washington, approving and authorizing sole source purchase of two new primary clarifier drives, removal of the City's drives, and installation of the new drives from OVIVO USA, LLC. WHEREAS, BMC 2.76.020(a) requires public works contracts to be entered into pursuant to RCW 35.22.620; and WHEREAS, RCW 35.22.620 establishes bidding requirements for first class cities, but allows in RCW 35.22.620(6) for the city legislative authority to waive the reyuirements if an applicable exemption exists under RCW 39.04.280; and WHEREAS, RCW 39.04.280(1)(a)provides an exemption for purchases that are clearly and legitimately limited to a single source of supply;and WHEREAS,the City's current primary clarifier drive mechanisms have reached the end of their life; and WHEREAS, City staff researched online for manufacturers of clarifier drives and found that the original equipment manufacturer, EIMCO, is still in existence and doing business as OVIVO, USA, LLC (hereinafter"OVIVO"); and WHEREAS, if the City were to purchase primary clarifier drives from a company other than OVIVO, the City would not be able to obtain the originally manufactured equipment, and the chosen contractor would have to modify the existing primary clarifiers to make the contractor's fitment work, necessitating additional equipment and labor; and WHEREAS, OVIVO is the only manufacturer and supplier of the original primary clarifier drives that were designed for the City's clarifier,and the specifications used for the project are the same as those used in the original construction of the wastewater treatment plant in 1985; and WHEREAS, OVIVO has assured the City that its proposal is OVIVO's best price, the price is much lower than what was originally budgeted, and OVIVO reduced its price further due to the fact that the City will be purchasing two drive units; and WHEREAS,the wastewater treatment plant staff has the skills to do the primary clarifier removal and installation work due to their familiarity with the existing equipment, but the Director has determined that the staff will not have enough time this spring and summer to do the work; and 1 Sole Source Purchase— Primary Clarifier Drives WHEREAS,the removal and installation work is specialized,and the manufacturer's labor force is familiar with the drives and know the required tolerances of the equipment; another contractor would be more expensive, as the City would have to pay for their "on the job"education related to clarifier drives andlor the particular OVIVO equipment; and WHEREAS, sole sourcing with OVIVO allows the City to enter into direct negotiations for pricing with OVIVO; and WHEREAS,the City Council desires to authorize the sole source purchase of two new primary clarifier drives,the removal of the City's currently used drives, and the installation of the two new drives, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The recitals set forth above are hereby incorporated as if set forth herein in full. SECTION2. Pursuant to BMC 2.76.020,the competitive bidding requirements are hereby waived and the Department of Public Works&Utilities is authorized to enter into a sole source contract with OVIVO USA, LLC in the amount of$130,891.11, including sates tax, to purchase two new primary clarifier drives, remove the City's currently used drives, and install two new drives. SECTION3. Severabilitv. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION4. Eff'ective Date. This Resolation shall take effect and be in force immediately upon its passage. �� ASSED by the City Council of the City of Bremerton, Washington this � day of ✓� f•l�' , 2016. � ERIC YO GER, ouncil President APPROVED AS TO FORM: ATTEST: � _ -- _ `. RO ER A. LUB , ity Attorney SHANNON CORIN, City Clerk 2 Sole Source Purchase— Primary Clarif:er Drives