HomeMy WebLinkAbout02/01/2022 06.H. Resolution authorizing a sole source with PacWest Machinery for purchase of an Oil Distributor 1
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 6.H.
For Meeting of: February 1, 2022
ITEM TITLE: Resolution authorizing a sole source with PacWest Machinery for
purchase of an Oil Distributor
SUBMITTED BY: Scott Schafer, Public Works Director
Kerry Jones, Fleet& Facilities Manager
SUMMARY EXPLANATION:
The Equipment Rental Division of Public Works is requesting a sole source authorization to
purchase an Oil Distributor from PacWest Machinery. The Oil Distributor will be used by the
Streets Division for their chip seal program. This purchase was allocated in 2021 for
replacement; however, was budgeted for in 2022. Due to supply chain issues related to the
COVI D pandemic, there are no other available options and PacWest Machinery agreed to hold a
dealer stock unit for the City of Yakima. If we do not purchase this unit, we will have to wait until
2023 for other options to become available.
The City's current Oil Distributor was problematic this past summer; delaying chip sealing
operations by approximately two-weeks during mid-project. This delay cost the City the ability to
complete more chip sealing as originally planned and is becoming increasingly more expensive to
maintain. Equipment Rental is requesting City Council approval to authorize purchase of this Oil
Distributor and waive the requirement for competitive bidding per RCW 39.04.280(1 )(b) due to
special market conditions.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Economic Development
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution
ATTACHMENTS:
Description Upload Date Type
rcesolution Authorizing Sole Source with PacWest
0 1/12/2022
2
Machinery
D PacWest Machinery Quote 1/12/2022 Backup Material
D sole source justification 1/24/2022 Cotter Memo
3
RESOLUTION NO. R-2022-
A RESOLUTION authorizing a sole source with PacWest Machinery for purchase of an Oil
Distributor
WHEREAS, the Article VI, section 6 of the City of Yakima Charter and Yakima Municipal
Code Chapter 1 80 generally require that purchases over$50,000 be done by competitive bidding,
subject to certain exceptions; and
WHEREAS, the law recognizes a "sole source" exception from these competitive bid
requirements when, due to special market conditions, it would be futile to utilize competitive
bidding; and
WHEREAS, procurement of the Oil Distributor in 2022 will allow the City's Streets Division
to proceed with the scheduled chip seal program; and
WHEREAS, due to supply chain issues related to the COVID pandemic, timing of this
procurement while a unit is available is critical; and
WHEREAS, PacWest Machinery has reserved an Oil Distributor and cab/chassis for City
of Yakima; and
WHEREAS, City Council finds that it is in the best interests of the City to approve the sole
source purchase of the Oil Distributor described above, and that such approval will enable the
City to provide necessary road improvements, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute a sole source procurement
without calling for bids, whereby PacWest Machinery agrees to sell the City an Oil Distributor as
included in the attached Quote.
ADOPTED BY THE CITY COUNCIL this 1' day of February, 2022.
Janice Deccio, Mayor
ATTEST:
Sonya Clear Tee, City Clerk
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Cdr1rEST ORTLAND BRANCH SEATTLE BRANCH
13805 N.E.SANDY BLVD.(97 S S. LE KENT,WA 98032-1935
P.O.BOX 20577(97294)PORTLAND,OR PH(206)762-5933 1-800-935-5933
PH 1-800-929-5933 FAX(503)252-1769 FAX(206)763-3117
MACHINERY SPOKANE BRANCH EUGENE BRANCH
3515 N Sullivan RD.SPOKANE Valley,WA 1550 IRVING RD. EUGENE,OR 97402
QUOTATION
99216 PH(509)534-5933 1-800-938-5933 PH (541)302-3762
FAX(509)534-5286 FAX (541)302-3763
To: City of Yakima Date: 1/7/2022
2301 Fruitvale Blvd.
Yakima,WA 98902 Proposal No.:
Address:
F.O.B. Point: Yakima,WA
Attention: Mr. Kerry Jones Acceptance Period: 10 days
In accordance with the terms and conditions stated herein and the following page hereof,
PacWest Machinery LLC offers to sell,furnish and deliver FOB shipping point,the equipment described.
QUANTITY DESCRIPTION AMOUNT
1 New ETNYRE 2000 gallon centennial Oil Distributor with all factory standard
equipment and with the following options:
Fiberglass insulation with .04 aluminum jacketing
Manhole 20"with internal overflow, Manhole strainer
Sample located in rear head
Ladder,Walkway to manhole
Tank gage Metric and English
Thermometer, 2"dial
Circulation system 400 GPM pump
Heated pump,from truck cooling system
Valves/Controls-4-way asphalt valve and suckback valves(w touch pad in box rear)
Self flushing system-includes fuel oil tank and line
Hose reel for power wash down hose-w spring rewind,with hose and spray gun
Spray bar-cab control- 12'bar on/off control with 3353788-nozzels
Spraybar extensions-1'w/electric-air on/off(16'total bar length)
Extra pair of folding bar joints Bi-fold-212/812/2
Continue PAGE 3
TERMS: Net 10 days from PacWest Invoice date, machine delivery prior to invoicing.
Total Not Including Tax: $231,717.33
IMPORTANT: ADDITIONAL TERMS ARE LOCATED ON 2nd PAGE OF THIS DOCUMENT, INCLUDING WARRANTY
AND DISCLAIMER PROVISIONS,ALL OF WHICH SHALL BE CONSIDERED PART OF THIS QUOTATION.
Estimated delivery date after receipt of order&
Submitted by: complete information has been provided.
Accepted by: PacWest Machinery LLC Accepted (Company):
By: Craig Patterson By:
Title: Title:
Date: Date:
Warranty Attached 12 months
5
E T PORTLAND BRANCH SEATTLE BRANCH
PAC IdisV13805 N.E.SANDY BLVD.(97230) 8207 S.216TH KENT,WA 98032-1935
P.O.BOX 20577(97294)PORTLAND,OR PH(206)762-5933 1-800-935.5933
PH 1-800-929-5933 FAX(503)252-1769 FAX(206)763-3117
MACHINERY SPOKANE BRANCH EUGENE BRANCH
3515 N.Sullivan RD.Spokane Valley,WA 1550 IRVING RD. EUGENE,OR 97402
QUOTATION
99216 PH(509)534-5933 1-800-938- PH (541)302-3762
5933 Fax(509)534-5286 FAX (541)302-3763
TERMS AND CONDITIONS
1. Proposals to furnish new products,whether in existence or to manufactured are based on prices,freight rates and other cost factors
prevailing at the time of shipment. Prices are subject to increase if increased by the manufacturer before acceptance of order by us.
Freight costs, if any,included in proposal are subject to correction if changed by tariff applicable to shipment. Other cost factors, if
any,are subject to increase if increased before acceptance of order by us.
2. Delivery estimates are approximate and are based on information from the manufacturer as of the proposal date or the most recent
date confirmed. We do not accept liability for delay in manufacture, shipment or delivery.
3. Proposals relating to specific existing products are made subject to prior sale or commitment unless otherwise stated herein.
4. Proposals and sales of used products are "as is" unless otherwise specifically represented and proposed in writing herein. New
equipment will be subject to the exact terms set out in the manufacturer's warranty, a copy of which is attached as a part of this
proposal.
5. Acceptance of our proposal by the purchaser followed by written acknowledgment by one of our corporate officers constitutes an
agreement. The agreement cannot thereafter be modified except in writing signed by one of our corporate officers.
6. An order, once accepted and acknowledged may not be cancelled without our written consent and, if cancelled,purchaser agrees to
pay the cancellation charge assessed against us by the manufacturer and our accumulated direct costs.
7. Purchaser accepts responsibility for product purchased when it is delivered at the FOB point specified in the order whether to
purchaser, carrier, or bailee, whichever occurs first. Purchaser authorizes us to execute on purchaser's behalf shippers or carrier's
bill of lading or contract for carriage of product related to shipment.
8. We warrant title to the product sold.The manufacturer of the product sold may extend to the purchaser its standard warranty.
The purchaser shall look to us only for title warranty protection and shall look solely to the manufacturer for any other warranty
protection. Except for the above,it is expressly understood and agreed that NO WARRANTY OF MERCHANTABILITY OR WARRANTY
OF FITNESS FOR PARTICULAR PURPOSE,nor other warranty,express,implied or statutory IS MADE. It is agreed that the
particular qualities and characteristics which are not being warranted by us include each and every operating characteristic
and quality of the product, it being understood and agreed that the purchase price is based on the purchaser re-lying solely on
the manufacturer's warranty protection. Description of the product being sold is for identification only.
9. Under any all circumstance,our Liability(in any case where we may be liable to purchaser) shall be limited to replacement or
repair of detective parts or workmanships and excludes any labor necessary to remove or replace any parts when examination
discloses to our satisfaction that product was defective under normal use, maintenance and service within one year or warranty
period,whichever occurs first from time of delivery/FOB point.
10. If we shall attempt repairs or replacements in any case where we may be liable,we shall be entitled to continue to attempt
to remedy defects for so long a time as in our sole judgment such attempt is justified.If the defect is such that we shall
determine that repairs or replacements are not practical,purchaser shall have the right to return the product to us and to have
refunded the fair market value of the product as established by us in any commercially reasonable manner.The foregoing
shall be the purchaser's sole and exclusive remedy against us whether in contract,tort,or otherwise.
11. WE SHALL NOT BE LIABLE FOR INJURIES TO PERSONS OR PROPERITY AND IN NO EVENT SHALL WE LIABLE FOR
SPECIAL, DIRECT,INDIRECT,INCIDENTAL,CONTINGENT,CONSEQUENTIAL OR COMMERCIAL DAMAGES OR ANY OTHER
EXCEPT AS STATED HEREIN. OUR LIABILITY SHALL IN NO EVENT EXCEED THE PURCHASE PRICE OF THE PRODUCT SOLD.
WHETHER LIABILITY RESULTS FROM BREACH OF WARRANTY CONTRACT,TORT OR ANY OTHER CAUSE WHATSOEVER.
12. No action against us for breach of this contract or any other obligation of ours herein can be commend after more than
one year after the same has accrued,and the one year limitations shall apply without regard to the knowledge or lack of knowledge
of any party with respect to breach or damage.
13. Payment of the purchase price is due and payable on the 10t"day following delivery of the product to the FOB point unless other
specific terms are arranged and approved.If a form of deferred payment plan is used, purchaser agrees to execute documents
required and to furnish financial statements or information requested.Terms for deferred payments are subject to approval of
seller's credit department. Purchaser it is solvent
14. A service and handling fee at the rate of 1 'A percent per month,181 per annum, shall be charged on all sums not paid when due.
15. Title to the within described equipment shall remain in us until such time payment has been made in full.You agree that we shall have
a security interest in the equipment to secure payment in accordance with the payment terms set forth in the proposal,and that
we shall have all rights of a secured party under the Uniform Commercial Code,including the rights to repossess the equipment
and to obtain a deficiency judgment,in the event these payment terms are not met.You agree to execute financing statements if
we so require.
16. Our proposal or our order is expressly limited to the terms and conditions herein.
17. Seller shall not be liable for the cost of any changes related to inspections,testing and/or modification necessary to conform to
specific codes,ordinances,or regulations.
18. The agreement shall be interpreted to the laws of the state in which the branch of the seller is located,and venue of any
action arising out of or in connection with this agreement shall be in the county and state where the branch of seller is located.
6
E s PORTLAND BRANCH SEATTLE BRANCH
pAcw13805 N.E.SANDY BLVD.(9 8207 S.216TH KENT,WA 98032-1935
P.O.BOX 20577(97294)PORTLATLA ND,OR PH(206)534-5933 1-800-935.5933
PH 1-800-929-5933 FAX(503)252-1769 FAX(206)534-5286
MACHINERY SPOKANE BRANCH EUGENE BRANCH
3515 N.Sullivan RD.SPOKANE Valley,WA 1550 IRVING RD. EUGENE,OR 97402
QUOTATION
99216 PH(509)534-5933 1-800-938-5933 PH (541)302-3762
FX(509)534-5286 FAX (541)302-3763
QUANTITY DESCRIPTION AMOUNT
Extra nozzels part#3352204 shipped loose in toolbox
Nozzle range indicator-Mounted in cab
Spray bar-Cab control-Power shift left and wing fold
Power bar latch-contort at rear
Hydrostatic drive P.T.O. off transmission
Controls and instrumentation-controlled by BT-1 computer wfront and rear display
Tol box-side opening wflush type lock
Heating system-(2)fluts (2) burners wdigital temperature readout, thermostatic,
controlled shut down, outfire protuction, travel lockout
Heating system-(2)fluts (2) burners wdigital temperature readout, thermostatic,
Heating system, (2)flutes(2)fuel oil burners
Paint- all steel black-Hand spray assembly with 25" rubber hose
Wet storage-with hinged cover&drain plug
Cone type strainer- in fill line
Back- up alarm- Electronic
12'x3"rubber fill hose w 3"/male thread each end
3"camlock fittings-to connect customer load hose to fill line
Beacon light- Mounted at top of tank at front
Lighting systen- L.E.D. sealed
ETNYRE Cenetnnal 2000 gallon distributor Mounted on:
2023 FREIGHTLINER M2 106 truck chassis
120"C.A. 189"W.B.
33,000 lbs. GVWR-Axles Front 12,000lbs. Rear 21,0001bs.
250hp
50 gallon fuel tankl l R22.5 tires Front 16pr. Rear 14pr
ALLISON 3500RDS automatic
Wheels Maxion 10-hub pilot steel disc
Total Sale Price F.O.B. Yakima Wa. $231,717.33
Plus washington stste sales tax c.08% $18,537.39
Washington State motor vehicle tax c 0.3 $693
Total Not Including Tax: $231,717.33
"'� City of Yakima
,, , SOLE/SINGLE SOURCE
,; 0.11
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; JUSTIFICATION
"•• Revised October 2020
Your Name Kerry Jones Your Department/Division Equipment Rental
Your Phone (509)576-6412 Requisition Number PR 48772
Requested Vendor PacWest Machinery Cost Estimate(Including TAX) $250,949.87
Vendor's Address 3515 N. Sullivan RD Spokane Valley, Vendor e-mail
City, State&Zip Wa 99216-1807 &Website CPatterson@pacwestmachinery.com
Vendor Contact Name Craig Patterson Vendor Phone (509)534-5933
1. ARE FEDERAL FUNDS BEING USED? OYES NO
If Feuerai rungs are oing usea, a ,,ust mice Analysis, prior to requesting Sole Source, MUST also be
attached_ (See City Purchasing Manual for form).
2. What are you purchasing? Describe product,service or system. Attach all information (Quotes, etc.).
Etnyer Oil Distributer on a Freightliner M2 106 chassis.
*** 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 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.).
E Patented Product. Attach documentation to confirm propriety(patent letter, etc.) and describe why the
patented features are critical to your operation.
❑ 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.
D 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.
Is written certification attached? r YEE ('
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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 meet required delivery date (describe why the delivery date is critical and list
efforts to find other suppliers to meet the delivery date).
Other Please Describe
3. Is this product/service available only through one vendor? YES (' NO
If yes,attach documentation that supports the screening process you performed to confirm. (e.g.Internet Screenshots,etc.)
I can only buy through our local vendor for this territory. Etnyer will not allow other vendors to sell here.
4. Is this a one-time purchase? (= YES C NO
If NO, explain.
5. Why is this a sole source vendor?
(tell the story).
Etnyer is the only vendor that produces this Oil Distributer, Pac West is there distributer for our location.
6. What efforts were made to assure the City is receiving the lowest or best price possible?
Describe and attach a document showing due diligence.
Pac West has held this truck for the City of Yakima since last September, We held it due to future inventory being so
low and hard to find. These shortages are directly related to COVID-19.
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. I know of no conflict of interest on my
part or personal involvement in any way with this request. No gratuities, favor, 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 �� Date
Signature of Division Manager Date a
Signature of Department Head Date 1/13h1
Signature of approval by f
Purchasing Manager LThCAA)16 � 2 a a
f qritOy(44.02---- Date I} J� _
Approval by Executive Date
Please complete entire form and forward to Purchasing.
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