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OFFICE OF THE CITY ATTORNEY
CHARLES PARKIN, City Attorney
411 West Ocean Boulevard, 9th Floor
Long Beach, CA 90802-4664
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LONG BEACH AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT WITH XYLEM
WATER SOLUTIONS USA, INC., WITHOUT ADVERTISING
FOR BIDS, FOR THE PURCHASE OF SUBMERSIBLE FILL
PUMPS FOR THE RAINBOW LAGOON FACILITY IN THE
AMOUNT OF $145,242, WITH A 10 % CONTINGENCY IN
THE AMOUNT OF $14,524, FOR A TOTAL NOT TO
EXCEED AMOUNT OF $159,766, FOR A PERIOD OF ONE
YEAR, AT THE DISCRETION OF THE CITY MANAGER
WHEREAS, the Rainbow Lagoon (lagoon) is a 5.5 acre manmade saltwater lagoon that is located in what is now filled tidelands, where subtidal and intertidal habitat historically were present; and
WHEREAS, the lagoon is a u nique recreational amenity and serves as functioning marine habitat for fish and wildlife and regulated by the California Coastal Commission under CDP #5-91-193; and
WHEREAS, the lagoon sits at a higher elevation than the adjacent Rainbow Harbor. Water replenishment and tidal exchange is manually conducted through the raising and lowering of weirs and the activation of fill pumps that allow the replenishment and exchange of seawater between the lagoon and harbor. It is environmentally and regulatorily recognized that fresh seawater and tidal exchange is critical for an ecologically balanced and healthy waterbody, regardless of whether this is done manually through mechanical pumps or naturally through streams, inlets, or sloughs; and WHEREAS, the main fill p ump and secondary fill pump at the lagoon have failed due to age and deterioration. The pumps, while previously having been serviced on
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OFFICE OF THE CITY ATTORNEY
CHARLES PARKIN, City Attorney
411 West Ocean Boulevard, 9th Floor
Long Beach, CA 90802-4664
a regular basis, are now beyond repair and replacement is required and critical. A new fill pump and new secondary fill pump are now necessary to supply, maintain, and replenish seawater, which provides the needed oxygen to this water body. Without water exchange and water replenishment offered by the fill pumps, the lagoon will eventually suffer due to anoxic conditions (l ack of oxygen). Anoxic conditions will exacerbate the growth of undesired algae blooms in warm and hot weather, and the risk of significant algae blooms will result in algae out-competing resident fish and marine organisms of oxygen and would result in fish and marine organism die-off; and
WHEREAS, the City is obligated to maintain , protect, and preserve the Rainbow Lagoon as a functioning marine habitat under its Coastal Development Permi t; and
WHEREAS, the City desires to procure Flygt Submersible Pumps which features a patented N -Technology that consists of a unique shape and design of the impeller, plus a self-cleaning impeller that minimizes failure and allows City staff to perform the critical maintenance operations required to replenish and exchange water absent of natural tidal connections between the Rainbow Harbor and the Rainbow Lagoon to avoid habitat loss; and
WHEREAS, City staff have utilized and explored other pumps, but none have met the technology requirements that self -cleaning impellers of fer that are required in a marine-based application where marine growth often build s in the pumps and piping and debris can be pulled into the pumps. Other pumps have failed due to clogging; and WHEREAS, pumps with this technology are the only pumps that will meet the saltwater pumping needs and Flygt is the sole provider of this patented N technology and Xylem Water Solutions USA, Inc. is the sole distributor of Flygt products; and WHEREAS, as a result, no useful purpose would be served by advertising for bids and to do so would constitute an idle and useless act and unnecessary expenditure of public funds;
NOW, THEREFORE, the City Council of the City of Long Beach resolves as
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OFFICE OF THE CITY ATTORNEY
CHARLES PARKIN, City Attorney
411 West Ocean Boulevard, 9th Floor
Long Beach, CA 90802-4664
follows:
The City Manager is hereby authorized to enter into a contract with Xylem Water Solutions USA, Inc., without advertising for bids, for the purchase of submersible fill pumps for the Rainbow Lagoon Facility in the amount of One Hundred Forty -Five Thousand Two Hundred Forty -Two Dollars ( $145,242), with a ten percent (10%) contingency in the amount of Fourteen Thou sand Five Hundred Twenty -Four Dollars ($14,524), for a total not to exceed amount of One Hundred Fifty -Nine Thousand Seven Hundred Sixty-Six Dollars ($159,766), for a period of one (1) year, at the discretion of the City Manager.
This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting this resolution.
I hereby certify that the foregoing resolution was adopted by the City Council of the City of Long Beach at its meeting of _________________________, 2022 by the following vote:
Ayes: Councilmembers:
Noes: Councilmembers:
Absent: Councilmembers:
Recusal(s): Councilmembers:
City Clerk