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HomeMy WebLinkAboutRES NO 041-202304I-2023 RESOLUTION NO. A RESOLUTION DETERMINING THAT SULFA TREAT, A MEDIA FOR REMOVING H2S FROM DIGESTER WASTE GAS, CANNOT BE REASONABLY OBTAINED THROUGH THE USUAL BIDDING PROCEDURES AND AUTHORIZING THE FINANCE DIRECTOR TO DISPENSE WITH BIDDING THEREFOR, FOR A PERIOD OF ONE YEAR NOT TO EXCEED $150,000. WHEREAS, digester gas is created by the wastewater treatment process at both Wastewater Treatment Plants 2 and 3; and WHEREAS, hydrogen sulfide (1-12S) is a component of the digester gas which shall be reduced to meet the San Joaquin Valley Air Pollution Control District (SJVAPCD) permit requirements; and WHEREAS, the City must remove H2S from the digester gas to prevent formation of sulfur oxides (SOx) to meet the emissions requirement set by the SJVAPCD permits; and WHEREAS, any violation of the H2S and/or SOx requirements can be punishable by fine by the SJVAPCD; and WHEREAS, Sulfa Treat was determined to be the most effective media in removing His exclusively distributed H2S from digester gas; and WHEREAS, Sulfa Treat is exclusively distributed by M-1 LLC, a Schlumberger Company; and WHEREAS, the Public Works Director has determined and has recommended the Council find, that the purchase of Sulfa Treat can only be reasonably obtained from one vendor, M-1 LLC, because of sole distributorship and has recommended that this Council author¢e dispensing with bidding requirements in accordance with subsection D.2 of Section 3.20.060 of the Bakersfield Municipal Code. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. The above recitals are true and correct and incorporated herein by reference. 2. The Council hereby finds that the purchase of Sulfa Treat, to be used for air pollution control, can only be reasonably obtained from one vendor (M-1 LLC) for the reasons set forth above. Page 1 of 2 Pages > 'Ln 'ORIGINA1 3. The Finance Director is authorized to dispense with bidding therefore in accordance with Section 3.20.060 of the Bakersfield Municipal Code and to negotiate the purchase of same on a continuing basis, not to exceed budgeted amounts for a period of one year. I HEREBY CERTIFY that the foregoing Resolution was passed and adopted byy the Council of the City of Bakersfield at a regular meeting thereof held on APR 1 2 2023 , by the following vote: `9Lk. i COUNCILMEMBER: NOES: COUNCILMEMBER: ABSTAIN: COUN ®: ftNIEMBER: COUNCILMEMBER: ✓ ✓✓ ARIAS, GONZALES, WEIR, SMRH, FREE✓MAN,GRfeY, KAUR APPROVED APR 12 2023 KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney J SHUA H. RUDNICK Deputy City Attorney JULIAtDRIMAKIS, MMC CITY CLERK AND EX OFFICIO Clerk of the Council of the City of Bakersfield Page 2 of 2 Pages ,NKel o m„ r `ORIGINAL' 0 BAKERSFIELD �sa��Fs.xuyam� ADMINISTRATIVE REPORT MEETING DATE: 4/1212023 CONSENT - Resolutions k. TO: Honorable Mayor and City Council FROM: Randy McKeegan, Finance Director CREATED BY: Kim Berrigan, Purchasing Officer DATE: 3/27/2023 WARD: Ward(s) 1, 7 SUBJECT: Resolution determining that Sulfa Treat, an absorbent media for removing hydrogen sulfide (H2S) from digester gas, cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding thereof, not to exceed $150,000. STAFF RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: Digester gas created by the wastewater treatment process contains high levels of hydrogen sulfide (1-12S) which results in the formation of sulfur oxides (SOX). In order to limit the emission of SOX, the San Joaquin Valley Air Pollution Control District (Valley Air District) limits the allowable concentration of 1-12S in the digester gas to 10 ppm and 20 ppm for Wastewater Treatment Plant No. 2 and No. 3, respectively. Concentration of 1-12S higher than the allowable limit for each plant is a violation of their operating permits issued by the Valley Air District and punishable by fines. Sulfa Treat is an absorbent media that has proven itself effective in removing H2S from digester gas whereby keeping the City compliant with Valley Air District requirements. Prior to the use of Sulfa Treat, the City faced multiple permit violations for exceeding the allowable 1-12S concentration. Due to the proprietary nature of Sulfa Treat and the need to remove 1-12S from the digester gas, staff is recommending adoption of the Resolution to dispense with bidding for Sulfa Treat and authorizing the purchase of Sulfa Treat from the sole supplier, M-1 LLC on a continuing basis in amounts to meet the City's requirements, not to exceed $150,000. This resolution will be in affect for one year from date of approval. Additionally, staff would like to note that an engineering study to evaluate the effectiveness of Sulfa Treat as compared to other available medias and technologies was conducted in 201 S. The study concluded that Sulfa Treat continues to be the most efficient and cost effective means of H2S removal for both Wastewater Treatment plants. Funds are available in the Wastewater Enterprise Fund for this purchase; there will be no General Fund impact. ATrACNMENn: Deacn,lon Type a Resolution Resolution OAKF� 0 a VORtO1NAL