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Home My WebLink AboutC28790 - Approve Sole Vendor 4 Rcycld Water Filtration Systm @ DW Contract No. C28790 CITY OF PALM DESERT STAFF REPORT REQUEST: REJECT ALL BIDS FOR THE RECYCLED WATER FILTRATION SYSTEM AT DESERT WILLOW SUBMITTED BY: MARTIN ALVAREZ, REDEVELOPMENT MANAGER DATE: JUNE 11, 2009 CONTENTS: RESOLUTION NO. 09-40 LEGAL COUNCIL MEMO Recommendation: By Minute Motion, that the City Council: 1. Reject all bids for the recycled water filtration system at Desert Willow and authorize staff to rebid the project; and 2. Approve Resolution No. 09-40 , authorizing a sole source for the Desert Willow Filtration Upgrade Project in order to ensure compatibility and match the existing system. Executive Summarv: Approval of this item will reject all bids for the Desert Willow filtration system upgrade project. In addition, approval will authorize staff to rebid the project with a sole source to ensure compatibility and maintain the warranty of the existing pump stations. Discussion: The Coachella Valley Water District (CVWD) recently informed us that we will be accepting water supplied from the All American Canal. The water wilf be transported through the Mid-Valley Pipeline by the end of July. This line will bring All American Canal water to the plant at Cook Street and will be blended with existing recycled water. The canal water has a higher concentration of silt and dissolved soils. In order to protect the Desert Willow pump stations and irrigation system, the City Council authorized staff to bid the project with an authorization to the City Manager to award a contract up to $80,000 (one pump station). Staff Report Recycled Water Filtration System at Desert Willow Page 2 of 2 June 11, 2009 In the Fall of 2008, staff requested qualifications from contractors to install the filtration system upgrades on the two existing Desert Willow pump stations. Installation of filters on both pump stations is essential to protect both golf course irrigation systems and plant materials. A total of six companies responded to the request for qualification. With the assistance of David Yoshimura, City's Irrigation Consultant, three contractors were pre-qualified. On April 29, 2009, the plans and specifications for the filter upgrade project for both pump stations (north and south courses) were sent to the three pre-qualified contractors. On May 26, 2009, sealed bids were opened by the City Clerk. Below is a summary for the bids received. Compan Name Cit Bid Cloudburst En ineerin , Inc. Palm Desert, CA $153,437.50 Variable Speed Solutions Huntin ton Beach, CA $176,448.00 After review of the bids and the specifications, staff determined that there was some ambiguity in the specifications that would potentially allow for alternate products to be installed that may not be compatible with the existing pump stations. Staff is requesting that the City Council reject all bids and authorize staff to rebid the project using a sole source. In order to ensure compatibility and maintain the warranty of the existing pump stations, a sole source specification is required. The attached resolution, prepared by our legal counsel, authorizes the City to sole source the specification for the filter upgrade project, specifically to ensure compatibility with the existing system. Staff recommends that the City Council reject both bids and authorize staff to rebid the project with a sole source specification. Submitted b . _ r/'f .,----�-----__. rtin Alvarez ave Yri o n Redevelopment Manager Director Redevelopment/Housing App oval: . lL___...., J in Ca , AC ede elopment Paul S. Gibson, Director of Finance John . ohlmuth, City Manager G:\rda\Martin Alvarez\2009\SR\061109DWfltersystemrejectbids.doc REGUI.AR PALM DESERT CITY COIINCIL MEETING JUNE 11, 2009 XVI. OLD BUSINESS A. REQUEST FOR AUTHORIZATION TO REJECT ALL BIDS FOR THE RECYCLED WATER FILTRATION SYSTEM AT DESERT WILLOW AND APPROVAL OF SOLE SOURCE VENDOR FOR THE PROJECT (CONTRACT N0. C28790) . Rec: 1) By Minute Motion, reject all bids received for the Recycled Water Filtration System at Desert Willow and authorize staff to rebid the project; 2) waive further reading and adopt Resolution No. 09-40, authorizing a sole source for the Desert Willow Filtration Upgrade Project in order to ensure compatibility with the existing system. CITY COUNCILAQ�'iON APPROVED � DENtED RECEIVED OTHER MEET G DA ,� l n,,��/ AYES: �j�-�'��"` NOES: � ABSENI: ABSTAIN: VERIFiED BY: Original on File with City erk's O�ce RESOLUTION NO. 09-[� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, FINDING AND DETERMINING THAT FLOWTRONEX PSI, INC.OF DALLAS, TEXAS, IS A SOLE SOURCE FOR THE DESERT WILLOW FILTRATION PUMP PROJECT The City Council of the City of Palm Desert, California (hereinafter referred to as the "City Council") does resolve as follows: WHEREAS, the City of Palm Desert ("City") plans to undertake a public project to install a retrofitted automatic filter system on an existing fully automatic variable speed pumping system for turf irrigation at the Desert Willow Golf Resort, which project is called the Desert Willow Irrigation Pump Station Filtration Project (hereinafter referred to as "Project"); and WHEREAS, the existing irrigation and pumping system at the Desert Willow Golf Resort is manufactured by Flowtronex PSI Inc. of Dallas, Texas; and WHEREAS, the City desires to ensure that the materials and equipment used for the Project match and are compatible with the existing Flowtronex PSI Inc. irrigation system in use at the Desert Willow Golf Resort; and WHEREAS, California Public Contract Code section 3400 authorizes the City to designate a particular brand name or proprietary product, equipment or material, i.e. sole source, if the City Council finds that the particular brand name or proprietary product is required in order to match other products in use on a particular public improvement either completed or in the course of completion; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS FOLLOWS: Section 1. It is necessary to require for use on the Project irrigation system materials and equipment manufactured by Flowtronex PSI Inc. of Dallas, Texas, for the purpose of matching the existing Flowtronex PSI Inc. irrigation and pumping system existing in use at the Desert Willow Golf Resort. RESOLUTION NO. 09- 40 PASSED,APPROVED AND ADOPTED this 11 th day of June, 2009 by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: ROBERT A. SPIEGEL, Mayor ATTEST: RACHELLE D. KLASSEN, City Clerk City of Palm Desert, California Memorandum ViA US Ma�L/EMa[[./FacsiMir.E TO: Martin Alvarez CLIENT-MATTER NO.: 72500.00199 FROM: Mary Beth Coburn Jeremy A. Jung DATE: June 3,2009 RE: Sole Sourcing on the Desert Willow Filtration Upgrade Project We understand that the City of Palm Desert("City") recently received bids on the Desert Willow Filtration Upgrade Project ("Project") and that the low bidder has requested to substitute the specified filter equipment. The City's irrigation consultant has opined that substitution would be improper, since the specified brand is required to match existing pumping equipment and to ensure overall system compatibility and integrity. Pursuant to Public Contract Code requirements, if only one manufacturer of the specified material is available, the City must make a finding to sole source that manufacturer. Public Contract Code section 3400 permits the Ciry to designate a particular brand or trade name of any equipment if it has made a finding described in the invitation for bids regarding the need for the particular brand or trade name equipment, and so long as other requirements are met. There are four situations under which the designation of a particular brand or trade name is permitted: (1) In order that a field test or experiment may be made to determine the product's suitability for future use. (2) In order to match other products in use on a particular public improvement either completed or in the course of completion. (3) In order to obtain a necessary item that is only available from one source. (4) In order to respond to an emergency declared by a local agency, but only if the declaration is approved by a four-fifths vote of the governing board of the local agency issuing the invitation for bid or request for proposal (Pub. Contract Code § 3400(b).) The City's situation falls squarely within number (2), because the City desires to use equipment that matches that used in the existing irrigation pumping system manufactured by Flowtronex. SDPUB\381646.1 In order to comply with Section 3400, tbe City should: (i) make the requisite findings supporting the sole source, by adopting the enclosed resolution, and (ii) modify the Invitation for Bid and Instructions to Bidders to reflect that the City has made sole source findings specifically requiring Flowtronex equipment and that substitutes will not be allowed. The Invitation for Bid should be modified as follows. On page 9, at the end of the third paragraph describing the Project, and before the paragraph beginning "Plans and Specifications can be viewed...",insert the following in bold,underline text: "The City has made findings in accordance with Public Contract Code section 3400 requiring the use of equipment and materials manufactured by Flowtronex PSI, Inc. The findings are set forth in Resolution No. . No substitutions to the specified Flowtronex equipment or materials will be accepted." The Instructions to Bidders should be modified as follows. Add in bold text to the end of Sec. 18.0 Substitutions During Bidding: "Notwithstanding the foregoing,no substitutions of Flowtronex equipment or materials will be allowed or accepted." Additionally, per our conversation, we believe that the City has pre-qualified bidders for the Project. If that is correct,the City must state in the Invitation to Bidders that only pre-qualified contractors can bid the project. This can be accomplished by adding a sentence between the first and second paragraph similar to: "The City has pre-qualified bidders far this Project and bids will only be accepted from pre-qualified bidders." With respect to the requirement for the timing of bid advertisements, Public Contract Code section 20164 requires that the notice inviting bids be published at least twice,not less than 5 days apart, and with the first publication of the notice no less than 10 days prior to the date set for bid opening. Therefore, if all bids are rejected on June 11, the notice inviting bids can be re-advertised on June 12 and June 17, for a bid opening date of June 22. JAJ:jj Enclosures cc: Dave Erwin -2- S DP UB\3 81646.]