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HomeMy WebLinkAbout4427 Resolution - Sole Source Purchase for Caustic SodaResolution Sole Source Purchase of Caustic Soda - 1 RESOLUTION NO. 4427 A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, WAIVING THE COMPETITIVE BIDDING REQUIREMENTS AND APPROVING THE PURCHASE OF SODIUM HYDROXIDE 50% SOLUTION (CAUSTIC SODA) FROM NORTHSTAR CHEMICAL, INC. FOR THE CITY OF PASCO WASTEWATER TREATMENT PLANT. WHEREAS, it is critical for the City of Pasco (City) to have proper chemicals to perform wastewater treatment at the Wastewater Treatment Plant (WWTP); and WHEREAS, the City has the need to purchase Sodium Hydroxide 50% solution (caustic soda) on a regular basis; and WHEREAS, the City currently uses Sodium Hydroxide 50% solution (caustic soda) supplied by Northstar Chemical, Inc. and Northstar Chemical-owned tanks; and WHEREAS, the Council of the City of Pasco hereby determines that the paramount considerations in the acquisition of Sodium Hydroxide 50% solution (caustic soda) is compatible with existing equipment, inventory and systems; and WHEREAS, the use of Sodium Hydroxide 50% solution (caustic soda) equipment is clearly and legitimately limited to a single source of supply, as detailed in the Sole Source Worksheet attached hereto as Exhibit A, to support current operation standards, this purchase becomes subject to waiving competitive bidding requirements per RCW 35.23.352(9) competitive bidding requirements and RCW 39.04.280(1)(a) sole source and RCW 39.04.280 (1)(b) special market conditions; and WHEREAS, RCW 39.04.280(2)(a) requires that prior to utilizing the sole source exemption the City Council must first adopt a Resolution reciting the factual basis supporting the exemption; and WHEREAS, the City Council pursuant to 39.04.280(2)(a) finds that such factual basis as described herein and detailed in the Sole Source Worksheet does support application of the sole source exemption as pertaining to the purchase of Sodium Hydroxide 50% solution (caustic soda) for the WWTP. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: The City Council of Pasco hereby find the above-described circumstance is justification for the waiver of bidding requirements under the authority of RCW 35.23.352(9) and pursuant to sole source provider (RCW 39.04.280(1)(a)) and special facilities or market conditions (RCW 39.04.280(1)(b)) and, therefore, the bidding requirement is hereby waived for the purchase of Sodium Hydroxide 50% solution (caustic soda) from Northstar Chemical, Inc. DocuSign Envelope ID: DE6296C4-725A-4840-85BF-8A3BCF2D040E Resolution Sole Source Purchase of Caustic Soda - 2 Be It Further Resolved, that the City of Pasco Public Works Department purchase Sodium Hydroxide 50% solution (caustic soda) from Northstar Chemical, Inc for a minimum amount of 48,000 pounds throughout the 5-year agreement. As a note, in 2023 the City of Pasco Public Works Department spent $420,462.85 purchasing Sodium Hydroxide 50% solution (caustic soda) for the Wastewater Treatment Plant. Be It Further Resolved, that this Resolution shall take effect immediately. PASSED by the City Council of the City of Pasco, Washington this 4th day of March, 2024. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys DocuSign Envelope ID: DE6296C4-725A-4840-85BF-8A3BCF2D040E Resolution Sole Source Purchase of Caustic Soda - 3 Exhibit A SOLE SOURCE WORKSHEET Requisition Item: Sodium Hydroxide 50% Solution (Caustic Soda) Requisition No. Prior Purchase Order Number (if item had been approved previously): signed agreement October 29, 2014. 1. Please describe the items and its function: Chemical used in wastewater treatment for at the City Wastewater Treatment Plant (WWTP). 2. This is a sole source because: ☒ sole provider of a licensed or patented good or service ☒ sole provider of items that are compatible with existing equipment, inventory, systems, programs or services ☒ sole provider of goods and services for which the City has established a standard ☐ sole provider of goods or services that will meet the specialized needs of the City or perform the intended function (please detail below or in an attachment) ☐ the vendor/distributor is a holder of a used item that would represent good value and is advantageous to the City (please attach information on market price survey, availability, etc.) 3. What necessary features does this vendor provide which are not available from other vendors? Please be specific. The vendor owns & provides the chemical tank and equipment necessary onsite for storing the chemical (sodium hydroxide 50% solution/caustic soda). 4. What steps were taken to verify that these features are not available elsewhere? ☐ Other brands/manufacturers were examined (please list phone numbers and names and explain why these were not suitable). ☐ Other vendors were contacted (please list phone numbers and names and explain why these were not suitable). X Vendor owns existing equipment and is replacing failed equipment. 5. Sole source vendor certifies that the City is getting the lowest price offered for the item. Certification of Need This recommendation for sole source is based upon an objective review of the product/service required and appears to be in the best interest of the City. I know of no conflict of interest on my part of personal involvement in any way with this request. No gratuities, favors or comprising actions have been taken. Neither has my personal familiarity with particular brands, types or equipment, materials or firm been a deciding influence on my request to sole source this purchase. By: Puna Clarke, PE - Public Works Senior Engineer Date: 01-31-2024 Sole source purchases are defined as clearly and legitimately limited to a single supplier. Sole source purchases are normally not allowed except when based upon strong technological grounds such as operational compatibility with existing equipment and related parts or upon a clearly unique and cost effective feature requirement. DocuSign Envelope ID: DE6296C4-725A-4840-85BF-8A3BCF2D040E