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HomeMy WebLinkAboutR-2023-039 Resolution authorizing the Sole Source purchase of Flygt wastewater pumps, repair services, and replacement parts from Whitney Equipment Company, Inc.RESOLUTION NO. R-2023-039 A RESOLUTION authorizing the sole source purchase of Flygt wastewater pumps, repair services, and replacement parts from Whitney Equipment Company, Inc. for the City of Yakima Wastewater Division. WHEREAS, Article VI, section 6 of the City of Yakima Charter and the Yakima Municipal Code Chapter 1.80 generally requires that purchases over $50,000 be done by competitive bidding, subject to certain exceptions; and WHEREAS, the law recognized a "sole source" exception from these competitive bid requirements when, due to the fact that there exists a single authorized service provider for repair and/or warranty services in the area, and it would be futile to utilize competitive bidding; and WHEREAS, the City of Yakima owns and operates thirty Flygt wastewater pumps required for wastewater conveyance in the sewer collection system and wastewater treatment plant that require parts, repair services, or replacement on an as -needed basis; and WHEREAS, Whitney Equipment Company, Inc. is the sole vendor in the State of Washington of Flygt wastewater pump parts, replacement pumps, and pump repair services; there are no vendors to contact to see if they could provide the replacement pumps, parts, and repair services for the existing Flygt pumps; and WHEREAS, pursuant to RCW 39.04.280 (1)(a), any requirement for competitive bidding for the acquisition of the above -described Flygt wastewater pumps, repair services, and replacement parts is hereby waived by adoption of this Resolution, due to the fact that: (a) Although there are other vendors of other wastewater pumps, replacement parts, and repair services in the market, it would require that the plumbing, pedestals, and electronically controlled valves associated with each Flygt wastewater pump be replaced and reconfigured to accommodate pumps from alternate vendors; and (b) Whitney Equipment Company, Inc. is the sole authorized provider in Washington State of Flygt pumps, replacement parts, and repair and warranty services; and (c) The Flygt wastewater pumps, replacement parts, and repair services are clearly and legitimately limited to a single source of supply; and WHEREAS, the City Council finds that it is in the best interest of the City to approve Whitney Equipment Company, Inc. as the sole source for purchases of Flygt wastewater pumps, replacement parts and repair services in an amount not to exceed TWO HUNDRED AND FIFTY THOUSAND DOLLARS ($250,000) per calendar year; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Section 1. Based on the foregoing recitals, which are fully incorporated herein, the City Council finds and determines that the purchase of equipment and repair services is clearly and legitimately limited to a single source of supply, which is compatible with the inventory of Flygt wastewater pumps currently installed in the City of Yakima wastewater collection system and at the Wastewater Treatment Facility justifying the waiver of competitive bidding in this acquisition, which bidding requirements are hereby waived. Section 2. The City Manager, or his designee, is hereby authorized to accomplish the purchase of such equipment, and to execute any and all documents to accomplish such purchase. ADOPTED BY THE CITY COUNCIL this 21st day of March, 2023. anice Deccio, Mayor ATTEST: Sonya la r Tee, City Clerk 1 s F` ,1„11„4\ 4.. igikiiiiii),,- \L):.... ) BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6.G. For Meeting of: March 21, 2023 ITEM TITLE: Resolution authorizing the Sole Source purchase of Flygt wastewater pumps, repair services, and replacement parts from Whitney Equipment Company, Inc. SUBMITTED BY: Scott Schafer, Director of Public Works *Mike Price, Wastewater/Stormwater Division Manager 509-249- 6815 SUMMARY EXPLANATION: The City of Yakima (City)Wastewater Division relies on an installed base of thirty Flygt model wastewater pumps for wastewater conveyance in the sewer collection system and the wastewater treatment plant. The existing Flygt pump installations are configured for efficient pump repair and replacement to minimize flow interruptions during pump failures. The pumps require scheduled and unscheduled repair services, replacement parts, and pump replacement as a pump reaches the end of its service life. The Wastewater Division is requesting a sole source authorization for the purchase of replacement parts, replacement pumps, and repair services from the Whitney Equipment Company, Inc. (Whitney)of Woodinville, WA. As described in the attached Sole Source Justification form and letter, Whitney is the sole authorized distributor of warranted Flygt pumps, parts, and factory authorized repair services in our region. The City followed the requirements of RCW 39.04.280, the City Charter and the Yakima Municipal Code in identifying Whitney Equipment Company, Inc. as the sole source for Flygt wastewater pumps and associated replacement parts and repair services in our region. The proposed sole source agreement with Whitney Equipment Company, Inc. would be in an amount not to exceed $250,000 per year. The purchase of replacement parts, repair services and replacement Flygt pumps are funded through Wastewater Capital 478. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Public Safety APPROVED FOR SUBMITTAL BY THE CITY MANAGER 2 RECOMMENDATION: Adopt Resolution ATTACHMENTS: Description Upload Date Type ❑ Resolution 3/7/2023 Resolution ❑ Sole Source Justification and Letter 2/28/2023 Backup Material 5 =<'F1 .)....1"''".: City of Yakima ;ice1.,-,•: SOLE/SINGLE SOURCE y .r w" -•4 JUSTIFICATION Revised October 2020 Your Name Mike Price Your Department/Division Public Works/Wastewater Your Phone 509-249-6815 Requisition Number Requested Vendor Whitney Equipment Co., Inc. Cost Estimate(Including TAX) 250,000. pee`{Q., Vendor's Address 16120 Woodinville Redmond Road NE Vendor e-mail I City, State&Zip #3, Woodinville WA 98072 &Website matt@weci corn I Vendor Contact Name Matthew Ferree Vendor Phone 425-205-2742 1. ARE FEDERAL FUNDS BEING USED? OYES ®NO If Federal Funds are bing used, a Cost Price 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.). Diagnostic and repair services to Flygt explosion proof wastewater pumps. At times, may include replacement of Flygt pumps up to 100 HP. *** 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. jj 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. g 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. im 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 Pump configuration. electrical connections, engineered applications are all unique to Flygt explosion proof pumps. Timely procurement of parts, services, and replacement is crucial to ensure reliable wastewater conveyance and treatment. Is written certification attached? OYES re- NO Version 10/2020 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 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 r NO If yes,attach documentation that supports the screening process you performed to confirm (e.g.Internet Screenshots,etc.) 4. Is this a one-time purchase? !' YES r• NO If NO, explain. The Wastewater Division utilizes 30 Flygt pumps to convey wastewater to and through the treatment plant. The pumps range in size from 2 HP to 100 HP 5. Why is this a sole source vendor? (tell the story). Whitney Equipment is the only authorized service provider in Washington. All authorized Flygt parts and services procured for Washington locations are provided by Whitney Equipment. 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. Adapting non-Flygt pumps to existing infrastructure is costly and time consuming. Whitney Equipment has negotiated with the City of Yakima to offer a 5% discount on any repair parts ordered for Flygt pumps 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 Ichael A. Price''greita g°ed ny Mh A. Signature of Requester Dare zozs313 ez o���o1c rosaeI OW IPrice Date Signature of Division Manager IM • - Date 3_/7/2-3 Agie: ..._ Signature of Department Head � �� Date 'I 1 5 ),, Signature of approval by WU e`/ fJ Purchasing Manager -. Date /r 123 Approval by Executive a? Date )i-Z 1 1- J, Please complete entire form and forward to Purchasing. Version 10/2020 Page 2 of 2 7 Mark A Shaw FLY'GT SE Territory Manager Flygt Products a xylem brand Xylem Water Solutions,Inc. 766 N Sandy Ln Elkhorn,WA 53121 Cell 262 227 3763 mark.shaw@xyleminc.com January 1, 2022 Subject: Factory authorized distributor for Flygt products and service To Whom It May Concern: This letter is to inform you that Whitney Equipment Company, Inc. 16120 Woodinville Redmond Road Unit 3 Woodinville,WA 98072 425-486-9499 is the exclusive factory authorized distributor of Flygt pumps and accessories for the Municipal and Industrial markets for the entire State of Washington and the Industrial market for the entire State of Oregon. Whitney also has Municipal and Industrial for the following counties in Idaho: Benewah, Bonner, Boundary, Clearwater, Kootenai, Letah, Lewis, New Perce, Shoshone. Whitney is also the sole factory authorized service center for Washington, employing factory-trained mechanics that are capable of servicing all Flygt products manufactured by Xylem Water Solutions. We are confident that Whitney Equipment Company will be able to provide expert advice in a professional manner for any of your pumping needs. Your interest in Flygt products is genuinely appreciated. Sincerely, /140.tiCA SiT Mark A. Shaw Territory Manager Flygt Products,a Xylem brand 262 227 3763