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HomeMy WebLinkAbout07/10/2018 06J Sole Source Ultraviolet Disinfection System at WWTPITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT 1 Item No. 6.J. For Meeting of: July 10, 2018 Resolution authorizing the sole source purchase of parts and installation services, not to exceed $380,000 for the existing ultraviolet disinfection system at the Wastewater Treatment Facility Mike Price, Wastewater/Stormwater Division Manager 249-6815 Scott Schafer, Director of Public Works SUMMARY EXPLANATION: The City of Yakima (City) owns and operates an Enaqua Ultraviolet (UV) Disinfection system to meet regulatory permit requirements for effluent disinfection at the Wastewater Treatment Facility. It was originally installed in 2010 and since that time, the existing hardware/software control systems are two generations behind the manufacturer's current versions. There is growing concern for the potential risk of reduced spare parts availability and a lack of manufacturer support, as the manufacturer shifts to maintaining inventories of more -recent product versions. Updating the specialty control system hardware and software will maintain currency with the most recent versions and will maximize parts availability and continued effective effluent disinfection. Most of the necessary components included in the proposed upgrade package are proprietary in design and available only through Enaqua. This would include upgrading the lamp racks, control system components, and firmware, of the three existing Enaqua UV reactors, which are critical to the proper functioning of the UV reactor and ensure that the UV reactor meets the City's disinfection permit limit with the Department of Ecology. To maintain the unique Enaqua system features and the disinfection performance warranty, a sole source purchase of parts and installation services is required from Enaqua. Wastewater staff has worked directly with City Purchasing to ensure the requirements of sole source purchasing have been met. The total cost of the upgrade to the City's UV system is not to exceed $380,000 with Enaqua agreeing to provide the parts at cost. ITEM BUDGETED: STRATEGIC PRIORITY: Yes Public Safety APPROVED FOR City Manager SUBMITTAL: STAFF RECOMMENDATION: Adopt resolution BOARD/COMMITTEE RECOMMENDATION: ATTACHM ENTS: Description Upload Date • Resol WW Enaqua UV System Sole Source 5'14/2018 O Sole Source Form 5125/2018 O Intent to Sole Source 5/25/2018 O Enaqua Proprietary Letter 5/14/2018 O Price Quote 5/14/2018 2 Type Resd ution Backup Material Backup Material Backup Material Backup Material 3 RESOLUTION NO. R -2018- A RESOLUTION authorizing the sole source purchase of parts and installation services for the existing ultraviolet disinfection system at the City of Yakima Wastewater Treatment Facility WHEREAS, Article VI, section 6 of the City of Yakima Charter and the Yakima Municipal Code Chapter 1.80 generally requires that purchases over $25,000 be done by competitive bidding, subject to certain exceptions; and WHEREAS, the City of Yakima owns and operates an Enaqua Ultraviolet Disinfection system to meet regulatory permit requirements for effluent disinfection at the Wastewater Treatment Facility; and WHEREAS, the requirement for the replacement of components of the existing Enaqua Ultraviolet Disinfection system have been identified; and WHEREAS, pursuant to RCW 39.04.280(1)(a), any requirement for competitive bidding for the acquisition of the above-described equipment is hereby waived by adoption of this Resolution, due to the fact that: (a) The equipment is compatible with the Enaqua Disinfection system currently installed at the City of Yakima Wastewater Treatment Facility thereby promoting consistency in operation and ease of maintenance and any necessary repairs and modifications; and, (b) the equipment is clearly and legitimately limited to a single source of supply; and, (c) Installation of non -original equipment manufacturer parts will void the Enaqua Disinfection system performance warranty; and WHEREAS, the City Council finds that it is in the best interests of the City to approve the purchase of the parts and installation described above, and that such approval will enable the City to provide necessary and appropriate in order to promote safe operations within the facility; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Section 1. The City Council finds and determines that the purchase of equipment is clearly and legitimately limited to a single source of supply, which is compatible with the Enaqua ultraviolet disinfection system currently installed at the City of Yakima Wastewater Treatment Facility justifying the waiver of competitive bidding in this acquisition, which bidding requirements are hereby waived. Section 2. The purchase and installation of the ultraviolet disinfection equipment, as described above, for an amount not to exceed of $380,000.00 is approved. Section 3. The City Manager, or his designee, is hereby authorized to accomplish the purchase of such equipment, and to execute any and all documentation to accomplish such purchase. ADOPTED BY THE CITY COUNCIL this 10th day of July, 2018. 4 ATTEST: Kathy Coffey, Mayor Sonya Claar Tee, City Clerk City of Yakima/Yakima County SOLE/SINGLE SOURCE JUSTIFICATION Revised January 2018 5 Your Name Mike Price Your Department/Division Public Works/Wastewater Your Phone 249-6815 Requisition Number Requested Vendor Enaqua Cost Estimate (Including TAX) 380,000 Vendor's Address 1350 Specialty Drive, City, State & Zip Vista CA 92081 Vendor e-mail & Website asarkar©grundfos.com www.enaqua.com Vendor Contact Name Arijit Sarkar Vendor Phone 760-559-2644 1. ARE FEDERAL FUNDS BEING USED? C YES 6"i NO If Federal Funds are bing used, a Cast Price Analysis, prior to requesting Sole Source, MUST attached, (See City /County Purchasing Manual for fo 2. What are you purchasing? Describe product, service or system. Attach all information (Quote Parts and installation services for the replacement of outdated ultraviolet disinfection system (UV) control niltiware, control software, lamp racks, and misc operating equipment. *** Below are eligible reasons for sole source. Check all boxes below that apply to your sole source situation and attach any useful documents to justify the sole source. List who you contacted, what they said and how you verified their accuracy. Compatibility/Standardization to existing City/County standard or to existing equipment, inventory, systems, data, programs or service. Describe. List efforts to find other sources (attach documentation, e.g. Internet Screenshots, etc.). Patented Product. Attach documentation to confirm propriety (patent letter, etc.) and describe why the patented features are critical to your operation. f* tit El Only Authorized Service Provider, Repair and/or Warranty Services. Attach proof in writing from the MANUFACTURER (not the vendor) confirming there is only one dealer authorized to sell/service in our area Version 1/24/18 Unique design: Requires unique features that are essential, aesthetic requirements, or not possible to match to existing design or equipment. Document the unique specifications that are needed which drove the research in finding a product that fits the specific needs of your department. Explain why these features are critical to your operation. The ultraviolet disinfection system is critical to meeting the effluent disinfection limits set by the Wastewater Treatment Facility's NPDES permit. System functionality and operating standards require Enaqua parts to maintain disinfection performance warranty. Is written certification attached? YES C NO Clear Form 1 Page 1 of 2 6 Special Market conditions: Can be used to purchase items at auction (RCW 39.30.045) or other items that are offered at a very favorable price and will be sold before and entity will have a chance to complete the bidding process (e.g. a flood is coming and you must obtain sandbags immediately), or only one supplier can meerequired delivery date (describe why the delivery date is critical and Iist efforts to tind other suppliers to meet the delivery date). [1 Other Please Descnbe 3. Is this product/swrvicemvailable only through one vendor? YES C NO If yes, attach documentation that supports the screening process you performed to confirm. (e.g. Internet Screenshots, etc.) See attached Ietter from Enaqua 4. Usthis mone-time purchase? If NO, explain. 0": YES C NO S. Why is this a sole source vendor? (tell the story). See attached Letter: Enaqua's proprietary components enable unique system features that maximize system effectiveness. Also, utilization of non-Enaqua comporients will nullify the disinfection performance warranty of the UV reactors. 6. What efforts were made to assure the City/County is receiving the lowest or best price possible? Describe and attach a document showing due diligence. Parts at cost from Enauqua STATEMENT OF NEED/CONFLICT OF INTEREST My division's recommendation for sole source is based upon an objective review of the good/service being required and appears to be in the best interest of the City/County. 1 know of no conflict of interest on my part or personal involvement in any way with this request. No gratuities, 0ovor, or compromising action have taken place. Neither has my personal familiarity with particular brands, types of equipment, materials or firms been a deciding influence on my request to sole source this purchase when there are other known suppliers to exist. Signature of Requester Signature of Division M Signature of Department Head Signature of approval by Purchasing Manager Approval by Executive Version 1124/18 Please complete o and o ard to Purchasing. f clear Form] Page 2 of 2 110 to Su 1 hie p r the CI <' led sonhowtoreg- Ister view . , rtised bids < < X 01 N Dated this 1401 day of May, 2018. Purc (813062) May 6, 2010 7 Enaqua 1350 Specialty Drive, Ste. D/F Vista CA 92081 +1 760-599-2644 www.enaqua.com Steve Brown (Maintenance Supervisor) City of Yakima WWTP. 220 East Viola Yakima, WA 98901 8 REF: City of Yakima WWTP- Detailed Quote for upgrade of UV lamp racks, and control system components for non -contact UV disinfection reactors- dated 03/23/2018. SUB: Letter outlining proprietary parts, software, and firmware included above referenced quote. Dear Steve, In reference to the Quote provided to the City of Yakima by Enaqua dated 03/23/2018 to upgrade the lamp racks, control system components, and firmware, of the three existing Enaqua UV reactors at Yakima WWTP; most of the components included in the proposed upgrade package are proprietary in design and available only through Enaqua. Enaqua's UV reactors have many unique features and capabilities that are possible because of proprietary control system components, microcontroller hardware design and proprietary firmware developed by Enaqua over years. Many of these proprietary components of the UV system are critical to proper functioning of the UV reactor and ensure that the UV reactor meets the disinfection permit limit at Yakima WWTP. So please be advised that if the system records show utilization of non-Enaqua components that may interfere or adversely affect various functionalities of the installed UV reactors at Yakima WWTP, the process disinfection performance warranty of the UV reactors at Yakima WWTP will be null and void. Of the components included in the upgrade offer, a detailed tabulated list of Enaqua Part Numbers, Descriptions, firmware versions for microcontroller components; that are proprietary to Enaqua are listed in the table below. Reactor Components ENQ Part # Qty Reqd Proprietary Firmware Versions ADR GEN 2. 2 per UV Bank 062.01003500 12 firmware 2.20 KIT: HUB GEN2. One per UV Reactor 602.01003900 3 Firmware 2.17 Electrical Housing Assembly- One per UV Bank. Includes wiring, new LRC's (Lamp Rack Connectors) - 6 Blower Housing Assembly -One per UV Bank- 6 Lamp Rack Assy, E12. Includes all new lamp racks, with wiring, new lamp connectors, lamp displays, MLM's, and Ballasts 062.11090280 66 MLM Firmware 2.20 UV Monitor ASSY, E10. new UV Sensors, one per bank 062.01008300 6 Firmware 2.00 New Control Panel AU new parts EDC Gen 2 062.01003700 1 Firmware 6.01.5 PIO GEN 2 062.010036 3 Firmware 2.05 AIO GEN 2 062.010038 3 Firmware 2.05 1 A GRUNDFOS COMPANY The above listed components, parts, and firmware are proprietary to Enaqua and may only be sourced through Enaqua. 9 Please let me know if you require any additional information regarding this matter. 03/23/2018 Arijitarkar (Applications Manager) 2 Steve Brown (Maintenance Supervisor) City of Yakima WWTP. 220 East Viola Yakima, WA 98901 1 AoxuwnFOoCOMPANY ENAOUA Company 1350 Specialty Drive, Ste. D/F Vista, CA 92081 Phone: (+1)7605992644 Fax: (+1)7605992e2 www.enaqua.com Name: Arijit Samar Direct : 760 599 2644 # 1102 Email: asarkar@grundfos.com Date March 23, 2018 REF: City of Yakima WWTP 8UB:Detai|edUpdatedCmoteforupgmdeofUV|ampracko,andcontno|systemcomponentsfornnn' contact UV disinfection reactors. Dear Steve, Per your request Enaqua is pleased to provide this detailed quote for equipment, parts, and labor to perform the scope of upgrades to the existing Enaqua UV reactors at Yakima WWTP. As discussed during our meeting on 12/14/2016 the detailed scope listed in Table 1 is being offered to the city of Yakima at cost (parts + labor to assemble and fabricate) by Enaqua. In accordance with discussions during our meeting on 12/14/2016, this quote includes all new lamp racks, electrical assemblies, connectors, upgraded system control components, and all listed appurtances fabricated new at Enaqua's factory, and installed by Enaqua staff in the existing UV reactors at Yakima. Depending on the city's budget and the funds available, we can discuss the cost savings to the city if the upgrade were to be implemented in phases, or if the city were to purchase the parts and perform the wiring retrofit of the existing lamp racks on site, etc. Please do not hesitate to contact me with any quesions you may have regarding the information in this document, or the Enaqua Non -Contact UV Disinfection system operation. Thank you for the opportunity to provide you with this detailed quote and pricing for this project. Regards, Arne Diering CEO Copy to: Pumptech NW. Enaqua Service. City of YaWmuWWTP. Quote for UPGRADE OF UV Disinfection System ArijitSarkor Applications Manager Table 1.0 — Detailed Scope and Quote 1 Reactor Components All new parts Qty Reqd Price ADR GEN 2. 2 per UV Bank KIT: HUB GEN2. One per UV Reactor Electrical Housing Assembly- One per UV Bank. Indudes wiring, new LRC's (Lamp Rack Connectors) Blower Housing Assembly -One per UV Bank Lamp Rack Assy, E12. Includes all new lamp racks, with wiring, new lamp connectors, lamp displays, MLM's, and Ballasts 062/)I00]500 12 00231003900 3 66 UV Monitor AssyElO. new UV Sensors, one per bank - 6 Control Box for Reactor. One per UV Bank. Fabricated SS housings to house new control components for the reactor banks New Control Panel EDC Gen 2 p0GEN Z mUGEN 2 POWER SUPPLY: (24vdc @ 60W HMI Panel: lncludes new SS Enclosure, 19.00" Touchscreen HMI Panel All new parts 062.01003700 062.010036 062.010038 502.pS5n3oI4 064.01000542 Labor for Installation Three technicians, three days on-site. 48 man hours total estimated Hotel accommodations for three days Air fare and rental car TOTAL* $315,971.00 Optional Parts Air -Water HE Assemblies. Four per UV Bank Note: Projected beadtimeis1Z'1bwaeks, *Note: New UV lamps not included in Quote. Shipping not included in Quote. END OF QUOTE -Dated 03/23/2018 City of Yakima WWTP. Quote for UPGRADE OF UV Disinfection System A CRUNDFOS dOMPANY TERMS AN NS OF SA E §1 ENTIRE AGREEMENT: The terms and conditions of this document shall be incorporated in and become a part of any agreement or order between ENAQUA (hereinafter referred to as "SELLER") and the customer (hereinafter referred to as the "CUSTOMER"), derived from the product(s) described in the attached proposal. No other terms, conditions or agreements, whether contained in the CUSTOMER'S purchase order form or otherwise, shall be binding on the SELLER except to the extent that such other terms are typed or handwritten in full, (not merely printed or incorporated by reference) in a separate document signed by the President or Vice President of the SELLER; provided, however, that the SELLER'S warranty shall be incorporated by reference as set forth in §8 entitled "Warranties" below. No agent, employee, or representative of Seller has any authority to bind Seller to any affirmation, representation, or warranty concerning the goods sold under this contract, unless an affirmation, representation or warranty made by an agent, employee or representative is specifically included within this written contract, it has not constituted a part of the basis of this bargain and shall not in any way be enforceable. The rights and duties of the CUSTOMER, or any other person claiming through or under the CUSTOMER and of the SELLER, with respect of sale, delivery, installation and use of the products, will be governed by these terms and conditions and the laws of the State of California. The terms and conditions stated on the attached proposal or order will, if different, supersede the individual sections of these terms and conditions with which they differ, but the other individual sections of these terms and conditions will remain in force and all terms and conditions be they within this document or on the attached proposal be governed by the laws of the State of California, USA. §2 TITLE AND RISK OF LOSS: Title to and risk of Toss of goods shall pass to the CUSTOMER upon the delivery of goods to a carrier at the SELLER'S plant. If the goods are held in the factory beyond the shipping date for the CUSTOMER'S convenience, the risk of loss shall pass to the CUSTOMER upon the date originally scheduled for shipping. The CUSTOMER shall pay all costs of insurance from the time the risk of loss passes to the CUSTOMER. Title to and risk of Toss of said goods shall pass to CUSTOMER in no other way, notwithstanding any agreement to the contrary, including but not by way of limitation, any agreement to pay freight, express, or other transportation or insurance. §3 TAXES, DUTIES AND CLEARANCE EXPENSES: CUSTOMER assumes full responsibility including reporting and payment of any and all sales or use taxes, import duties, or other expenses relating to clearance of the goods described in the attached proposal, at destination, or any and all other charges of like nature which may be imposed upon such goods. §4 SHIPMENTS: SELLER shall not be liable for any damages claimed resulting from delay in shipment of the goods after the date of shipment specified in this proposal and or order unless date of shipment is expressly stated in this order to be of the essence of the agreement. All goods are shipped f.o.b. SELLER'S plant. §5 CLAIMS: Within thirty (30) days after tender of delivery to, or receipt by CUSTOMER of any shipment and before any part of such goods (except for reasonable test and inspection quantities) has been changed from its original conditions, CUSTOMER shall inform SELLER in writing if said goods are found defective or short in any respect. Failure to so inform SELLER or use of said goods (except for reasonable test and inspection) shall be conclusive that SELLER has satisfactorily performed. §6 PRICES: All prices quoted, unless otherwise noted by the SELLER, are f.o.b. Vista, California, USA, and they exclude sales and use taxes if any and transportation and insurance charges, all of which will be borne by the CUSTOMER. All quotations are made for acceptance at the SELLER'S main City of Yakima WWTP. Quote for UPGRADE OF UV Disinfection System 3/23/2018 Page 1 1 Ref No: ASR_03202017 administrative offices in San Diego, California, USA within 45 days of the date of the attached proposal, and are subject to change during that period. The SELLER reserves, at all times, the right to adjust prices based upon the CUSTOMER'S request for: A. 1~ Changes in specifications, 2. Short or unanticipated production runs, 3" Rescheduling of production and delivery schedules which affects goods in pnmoaoo, in which event the SELLER also has the right to complete and invoice such goods in process and ship them immediately or warehouse them at the CUSTOMER'S expense; and B. 1, Materials price change to the SELLER, 2, Contracted labor price change to the SELLER, 3, Duties, services or other expenses beyond the SELLER'S reasonable control. In the event prices are adjusted because of material price change to SELLER. SELLER shall give CUSTOMER written notice of such price adjustment. Where a production schedule is initiated for the CUSTOMERS convenience which requires SELLER to maintain an excessive inventory of materials, SELLER may require advance payments from CUSTOMER in an amount sufficient to carry such excess material inventory. §7 PAYMENTS: The SELLER may, at his opUun, draw at sight on the customer or require the customer to obtain an irrevocable letter of credit in favor of the SELLER from an issuer and terms acceptable to the SELLER. The terms of payments will be as follows unless otherwise specified in a signed proposal provided by SELLER: Contract Amount: $ Shipping and Handling: Included. FOB Jobsite Payment Schedule: 30% due upon Acceptance of Order (Net 30) 30% due upon Approval of Shop Drawings (Net 30) 30% due Upon delivery of all goods (Net 30) 10% due After start up (Net 30) In the event payment by the customer is not made when due, the customer shall pay interest on any overdue amount at the rate of 2% per month from the actual date of delivery to the carrier for shipment or the scheduled date of delivery if the delivery is delayed for the CUSTOMER'S convenience. §8 WARRANTIES: A. The equipment furnished (excluding ballasts) shall be warranted to be free of defects in material and wodkmenahip, including damages that may be incurred during shipping for a period of 12 months from substantial completion of the UV system upgrade. 1. Ballasts: Electronic ballasts are fully warranted for 3 yoano, extended to five years with first purchase of (1:1) replacement lamps from ENAQUA within three years of installation. SELLER warrants that the goods are as described in this contract, but no other express warranty is made in respect to the goods. If any model or sample was shown Buyer, that model or sample was used merely to illustrate the general type and quality of the goods and not to represent that the goods would necessarily conform to the model or sample. City ofYakinia WWTP. Quote for UPGRADE OF UV Disinfection System xomumopOodempAmv §9 SELLER'S LIABILITY: SELLER SHALL NOT BE LIABLE FOR PROSPECTIVE PROFITS OR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, NOR SHALL RECOVERY OF ANY KIND AGAINST SELLER BE GREATER IN AMOUNT THAN THE PURCHASE PRICE OF THE SPECIFIED GOODS SOLD AND CAUSING THE ALLEGED DAMAGE, WHETHER SUCH CLAIM BE BASED ON CONTRACT OR TORT. §10 TERMINATION and Modifications: Any agreement based upon this order may be terminated by the CUSTOMER provided cancellation charges are paid by the CUSTOMER as follows: A. Any order cancellation prior to the initiation of production at 25% of the order value. B. Any order cancellation while work is in progress at 50% of the order value. C. Any order completed must be paid for in full at the quoted price plus interest on late payments whether or not shipment is accepted. This contract can be modified or rescinded only by a writing sined by both of the Parties or their duly authorized agents. §11 FORCE MAJEURE: No party to any agreement based upon this proposal/order shall be liable for any loss or damage of any nature whatsoever incurred or suffered as a result of any failures or delays in performance caused by strikes, lockouts or labor diopubas, finos, acts of GOD or the public enemy, rioto, inoendiariao, interference by civil or military authorides, compliance with the laws of the United States of America or with the orders or policies of any governmental authorih/, delays in transit or delivery on the part of transportation companies or communication fooi|iUem, or failures of sources of materials. In such mvent. SELLER may, at its opdon, make deliveries ratably with reference to itself and its customers. §12 WAIVERS: SELLER'S waiver of any breach or failure to enforce any of the bynnm, conditions and specifications of this proposal/order shall not in any way affect, limit or waive SELLER'S rightbhmraafter to enforce and compel strict compliance with every term, condition and specification hereof. §13 PERMITS, ORDINANCES AND CODE COMPLIANCE: CUSTOMER has full responsibility for obtaining any |inonnas, permits and inspections required with respect to installation and use of the goods herein described. §14 GOVERNING LAW: Any agreement based upon this order and obligations thereby imposed on the SELLER and the customer shall be governed by and construed according to the laws of the State of California, USA. Buyer and Seller shall have all rights and remedies afforded each by the Uniform Commercial Code as adopted by the State of California as effective and in force on the date of this contract. The laws of the State of California shall govern this contract and the venue for any aoUon, including arbitration or other alternative dispute neno|utiono, filed by either party is San Diego County, California. In the event of any action, including arbitration, and any appeal there from, is filed to enforce or interpret this contract, the prevailing party shall be entitled to its costs and reasonable attorney's fees. §1 5 ASSIGNMENTS: Any agreement based upon this proposal/order shall not be assigned by CUSTOMER without the prior written consent of the SELLER. Nothing herein conteined, however, shall prevent SELLER from lawfully assigning any agreement based on this proposal/order to any wholly or partially owned subsidiary or affiliate of seller or to a person, firm or corporation acquiring all or substantially all of the assets of SELLER. No right or interest in this contract may be assigned by Buyer without the written permission of the other party, and no delegation of any obligation owed, or of the performance of any ob|igabon, by either Buyer or Se|/er, may be made without the written permission of the other party. Any attempted assignment or delegation shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph. City of YaWmaWWTP. Quote for UPGRADE OF UV Disinfection System §16 This writing is intended by the Parties as a final expression of their agreement concerning the matters contained honoin, and is also intended as a complete and exclusive statement of the terms and conditions of their agreement. No course of prior dealings between the Parties and no usage of trade shall be relevant to supplement or explain any term used in this contract. Acceptance or acquiescence in a course of performance rendered under this contract shall not be relevant to determine the meaning of this contract even though the accepting or acquiescing party has knowledge of the nature of the performance and opportunity for objection. City ufYakima VVVVTP Quote for UPGRADE OF UV Disinfection System