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022-23 - Resolution - Purchase of GeneratorDocuSign Envelope ID: Al B45EFA-809A-4197-8C48-1 E52E1 5C42FC RESOLUTION NO. 022-23 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING THE PURCHASE OF A GENERATOR AND DOCUMENTING PROCUREMENT PROCEDURES. WHEREAS, the City received a Washington State Public Works Board Loan of $800,000 for the Sewer Lift Station Controls Upgrade Project to improve the City's sewer lift facilities; and WHEREAS, upgrades to the Eaglecrest Sewer Lift Station are a part of the Sewer Lift Station Controls Upgrade Project; and WHEREAS, the upgrades to this lift station require the installation of a permanent generator to prevent sewage overflows in the event of a power outage; and WHEREAS, Public Works staff determined that a Kohler Generator fits the design specifications and meets the City's Design Standards and Specifications for Construction; and WHEREAS, the City has an interlocal agreement with purchasing cooperative Sourcewell (City Contract No. C075-14) which allows the City to utilize the contracts procured by Sourcewell for services and purchases, so long as the City confirms the contract complies with all applicable statutory procurement requirements for the purchase or service, per RCW 39.34.030; and WHEREAS; consistent with City Contract No. C075-14 and the City's Procurement Procedures Policies, adopted as Resolution No. 036-22, as amended, the City's Public Works Department identified Power Systems West as an authorized Kohler Dealer and as an approved vendor for the desired generator, awarded via Sourcewell Contract No. 092222-KOH (Sourcewell Contract); and WHEREAS, Staff reviewed the procurement process utilized by Sourcewell for the Sourcewell Contract, confirmed the procurement requirements were met, and obtained all necessary documentation from Sourcewell and the vendor regarding procurement; and WHEREAS, on February 28, 2023, Public Works staff requested and received a quote for the generator from Power Systems West of $39,691.62 (plus applicable tax), for a total purchase price of $43,382.94; and WHEREAS, on March 1, 2023, the City's Public Works Department completed the Interlocal Agreement Purchase Checklist for the selected vendor and confirmed the quote was consistent with the Sourcewell Contract; and WHEREAS, the City's Procurement Policies require City Council authorization for purchasing budgeted items that cost $35,000 or more, and for unbudgeted purchases; and WHEREAS, the Power Systems West quote, attached as Exhibit A, is for the purchase of Equipment in an amount that exceeds the $35,000 authorization limit; and DocuSign Envelope ID: Al B45EFA-809A-4197-8C48-1 E52E1 5C42FC Resolution No. 022-23 Page 2 of 8 WHEREAS, the cost of the generator shall be considered as part of the aggregate cost of the Project for purposes of compliance with RCW 35.23.352; and WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State Auditor's Office, wishes to document their selection/procurement process as described herein for this purchase by Resolution; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The City Council approves the purchase from Power Systems West in the amount of $43,382.94 (applicable tax included). The Mayor or his designee is authorized to take all actions necessary to effectuate the purchase, consistent with this authorization. THAT: The Resolution shall take full force and effect upon passage and signatures hereon. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage on this 14t" day of March 2023. r DocuSigned by: b PlM"aA-A SWA, E3F384�^... Robert Putaansuu, Mayor ATTEST: DocuSigned by: Brandy Wallace, MMC, City Clerk 5'NI%1111 1111fol, ORT 0,9 SEAL �Q: _ - ' cr �'•�"9 MSER�•'�C�`�`� ,,,�I OF W1A% DocuSign Envelope ID: Al B45EFA-809A-4197-8C48-1 E52E1 5C42FC KOHLEWDISTRIBUTOR IN POWER. SINCE1920. DISTRIBUTOR POWER SYSTEMS WEST PowerSystemsWest.com February 28, 2023 City of Port Orchard Attn: Estimator Power Systems West is pleased to submit the following proposal for: Eaglecrest Sewer LS Sourcewell Quotation # 26960141 KOHLER Awarded Contract: 092222-KOH KOHLER Contract Maturity Date: 11/22/2026 BILL OF INCLUDED MATERIALS Qty-1 Kohler Standby Generator Model Number: 30REOZK Generator Configuration: UL2200 Listed Engine: Kohler, 2.5L, 4-Cyl, Turbocharged, EPA Certified, Operating at 1800rev/min Fuel Type: Diesel Output: 29kW/36kVA, 60-Hz Nameplate Rating: Standby 130C Rise Alternator Frame Size: 4D5.6 Volts: 208/120, 3-Ph, 4-W, 0.8-PF Set Mounted Radiator (50 Deg C ambient) Heavy Duty air cleaner w/restriction indicator Engine Block Heater: 600W, 120-Volt IBC Seismic Certification Initial Fill of Coolant & Lube oil Controller Configuration: APM402 Controller with digital meters and gauges, NFPA 110 compliant Engine Run Relay Dry Contacts: 2-input/5-Output Modbus/Ethernet Convertor Electrical System Configuration: Starting Battery: 1/12V with Rack and cables Battery Charger: 10-Amp Battery Charger Temperature Compensation Sensor Mainline Breaker: 100-Amp, Electronic LI, 100% with Aux contact + Shunt trip I I P a g e PORTLAND SEATTLE BOISE SALT LAKE CITY DENVER 6110 N Cutter Circle, 2004 48th Ave. Ct. E 4499 Market St. 3738 West 2340 S, Suite E 3233 Oakland St. Portland, OR 97217 Fife, WA 98424 Boise, ID 83705 Salt Lake City, UT 8412D Aurora, CO 80010 503.224.3623 253.517.1701 208.342.6541 801.886.1424 303.360.7110 DocuSign Envelope ID: A1B45EFA-809A-4197-8C48-1E52E15C42FC POWER SYSTEMS WEST KOHLER. A 1131IZ01 IN POWER.SINCE1920. DISTRIBUTOR PowerSystemsWestxom Enclosure & Fuel System Configuration: Sound Attenuated Weather Protected Enclosure, Steel construction, St Steel Hardware, (Sound Level: 65.4dBA@23-ft) Internally mounted muffler, flex connector, rain cap Base Tank UL142, double wall fuel tank, 87-gal, 24-hr at full rated load, WA Code compliant Leak alarm; high/low alarms; normal/emergency vents; 12' normal vent extension 5-gallon fill/spill containment w/95% Shutoff OFPV Flexible fuel lines Qty-1 Kohler Automatic Transfer Switch Model: KCS-ACTC-0104S ATS Configuration: UL1008 Listed Amperage: 104-Amp, 60-Hz Volts: 208, 4-Wire Poles #: 3 (Solid Neutral) Enclosure Rating: NEMA3R (Outside Installation) MPAC-1200 Controller Standard Open Transition Current Sensing User Interface Cover Cabinet Heater: 100W, 120-Volt Modbus/Ethernet Convertor IBC Certification Additional Items • Kohler Factory standard testing at 0.8PF • 1-Set, Electronic Operation and Maintenance Manuals • 2-Year Factory Standard Warranty • Factory Freight Delivery from WI to Port Orchard, WA (Off-loading by others) • Start Up, includes testing, with 2-hour resistive load bank • Owner Training at time of startup Approximate Factory Lead Times: • Generator (60-62 weeks) • ATS (24-26 weeks) 2 1 P a g e PORTLAND SEATTLE BOISE SALT LAKE CITY DENVER 6110 N Cutter Circlet 2004 48th Ave. Ct. E 4499 Market St. 3738 West 2340 S, Suite E 3233 Oakland St. Portland, OR 97217 Fife, WA 98424 Boise, ID 83705 Salt Lake City, LIT 8412D Aurora, CO 80010 503.224.3623 253.517.1701 208.342.6541 801.886.1424 303.360.7110 DocuSign Envelope ID: Al B45EFA-809A-4197-8C48-1 E52E1 5C42FC A �� POWER SYSTEMS WEST Project Specific Exceptions and Clarifications Based on initial provisional information. No formal specifications E-C to review BOM for correctness Note: Factory Enclosure sound level is 65.4dBA@23-ft General Exceptions and Clarifications 1. Off-loading and placement at the job site is excluded. 2. All fuel, fuel piping and connections are excluded. 3. No retainage is allowed. KOHLER, ATHIBUT D I IN POWER.SINCE1920. DSTRIBUTOR PowerSystemsWest.com 4. Start-up testing and warranty validation includes one trip to jobsite during normal working hours. If equipment is not ready for start-up when we arrive at the jobsite, there may be additional charges for a return trip. 5. Kohler factory recommended field testing provided. NETA ATS testing, or any other 3rd party testing not included unless otherwise noted. 6. Training to be performed at start-up or subject to additional charges. 7. Hardcopy 0 & M's will be $150.00 net each. 8. All piping, wiring, anchoring, anchor bolts and permits are by others. 9. Equipment is shipped FOB factory, with freight prepaid and allowed to the job site unless otherwise noted. 10. Compliance with National Electrical Code, NFPA, IFC, and state and local fire codes is the responsibility of the installing contractor. Special fuel tank labeling and venting/ filling equipment may be required but is excluded unless otherwise noted. 11. Breaker coordination studies excluded. Alternate breakers required because of a coordination study are the responsibility of others. 12. Local codes may require outdoor generators to have a Service Rated disconnect. We are not providing a Service Rated disconnect unless it is specifically noted in this quotation. 13. TVSS devices for the generator or transfer switch(es) are excluded unless otherwise noted. 14. IBC seismic certification excluded unless otherwise noted. 15. Prices do not include any applicable taxes. 16. All orders are subject to Power Systems West Terms and Conditions. 17. Shipments are subject to manufacturer's lead times and transit times. Power Systems West assumes no responsibility for delays that are beyond our control and will not pay for liquidated damages. 3 1 P a g e PORTLAND SEATTLE BOISE SALT LAKE CITY DENVER 6110 N Cutter Circle, 2004 48th Ave. Ct. E 4499 Market St. 3738 West 2340 S, Suite E 3233 Oakland St. Portland, OR 97217 Fife, WA 98424 Boise, ID 83705 Salt Lake City, UT 8412D Aurora, CO 80010 503.224.3623 253.517.1701 208.342.6541 801.886.1424 303.360.7110 DocuSign Envelope ID: Al B45EFA-809A-4197-8C48-1 E52E1 5C42FC KOHLEWDISTRIBUTOR IN POWER. SINCE1920. DISTRIBUTOR POWER SYSTEMS WEST PowerSystemsWest.com Power Systems West (PSW) — Terms & Conditions 1. WARRANTIES. To the extent that the Goods may be covered by manufacturers' warranty, PSW hereby assigns all rights & benefits under such to Buyer, if assignable, and undertakes to assist Buyer in the coordination of any claims under such warranties. Seller makes no further warranty of any kind with respect to the Goods. PSW DISCLAIMS ANY AND ALL WARRANTIES. THERE ARE NO EXPRESS WARRANTIES AND THERE ARE NO IMPLIED WARRANTIES INCLUDING THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THERE ARE NO OTHER IMPLIED OR EXPRESS WARRANTIES OF ANY NATURE WHATSOEVER. 2. LIMITATION OF PSW'S LIABILITY. Other than the remedy set forth in this paragraph, Customer agrees that no damages, direct, consequential, liquidated, incidental, or other damages or remedy of any kind arising by reason of or related to this Equipment whether arising out of contract, warranty, late or non -delivery, negligence, strict liability, or tort shall now or any time in the future be recoverable from PSW or any of its agents. Customer assumes all risks inherent in the possession or operation of the Equipment. Customer's right, now existing or arising at any time in the future, to recover such damages is hereby fully, finally, irrevocably and unconditionally waived, released and discharged. Notice of any defect in the Work or Equipment shall be made within 24 hours of the act or omission giving rise to the defect. The sole and exclusive remedy is replacement of the nonconforming goods or refund of that portion of Customer's payment attributable to such goods at PSW's sole option. 3. Payment Terms. Upon credit approval, full payment is due 30 days from invoice date, unless otherwise agreed to by both parties in writing. There shall be NO retainage. Payments not made on their due date shall accrue interest at the rate of 18% per annum. A cancellation charge of 20% of the price will be imposed if customer cancels order without prior written consent of PSW. PSW must receive 100% payment before start-up services will be performed (failure to complete proper, authorized startup procedures may void any manufacturer warranty). Terms may not be changed except by written agreement of the parties. 4. Shipping and Delivery. All Equipment shall be shipped F.O.B. manufacturer's factory unless otherwise agreed in writing by PSW and Customer. PSW is not responsible for goods lost or damaged in transit. In the event PSW agrees to delay shipment at Customer's request, Customer is responsible for payment of any storage costs. PSW does not agree, will not agree to and is not obligated to provide any specific goods or any delivery dates or times for any goods. All orders are subject to availability to PSW at its then existing locations, sources, suppliers and costs. All delivery dates and times which may be provided, if any, are estimates only and do not establish agreed delivery date(s). 5. Indemnity and Hold harmless. To the fullest extent permitted by law, Customer shall fully and forever indemnify, defend (with counsel reasonably acceptable to PSW) and hold PSW's employees, directors, successors and assigns harmless from any damage, claim, loss, expense and attorney fees (including those prior to any action, in an action and on any appeal) related to the performance or non-performance of Customer's obligations under this Agreement; the ownership, performance or operation of the Equipment; or PSW's liability, if any, under CERCLA, RCRA, or any other federal or state statute related to toxic, hazardous or other dangerous substances. 4 1 P a g e PORTLAND SEATTLE BOISE SALT LAKE CITY DENVER 6110 N Cutter Circle, 2004 48th Ave. Ct. E 4499 Market St. 3738 West 2340 S, Suite E 3233 Oakland St. Portland, OR 97217 Fife, WA 98424 Boise, ID 83705 Salt Lake City, UT 8412D Aurora, CO 80010 503.224.3623 253.517.1701 208.342.6541 801.886.1424 303.360.7110 DocuSign Envelope ID: Al B45EFA-809A-4197-8C48-1 E52E1 5C42FC KOHLEWDISTRIBUTOR IN POWER. SINCE1920. DISTRIBUTOR POWER SYSTEMS WEST PowerSystemsWest.com Thank you for the opportunity to offer quality Kohler products and our service. For over 75 years, Kohler has been recognized as a leader in the manufacture of standby generator systems. By choosing a Kohler generator provided by Power Systems West, you can be assured you will receive the highest quality standby power system available. Power Systems West has specialized in providing and servicing generator systems in the Northwest for over 50 years. Power Systems West — your best choice for power. If you have any questions, please feel free to call or e-mail. Ray Bishop (253) 878-2444 — Cell (253) 517-1721- Office ray.bishop@Powersystemswest.com Sourcewell Quote#: 2696 30REOZK— Kohler List Price ...................................................... $40,044.00 Sourcewell Member Discount: 32%...........................................<$12,814.08> KCS-0104S — Kohler List Price ................................................... $8,506.00 Sourcewell Member Discount: 30%............................................ <$2,551.80> Sourcewell Member Price FOB Factory, WI ................................................... Freight to Port Orchard, WA Location........................................................ Less 5% Member Discount........................................................................... PSWStart -Up Services................................................................................... Less 5% Member Discount............................................................................ TotalNet Price................................................................................ Local Sales Tax @ 9.3%.................................................................. Total Customer Price.................................................................... *This quote is valid for 30 days $27,229.92 $5,954.20 $33,184.12 $4,100.00 <$205.00> $2,750.00 <$137.50> $39,691.62 $ 3,691.32 $43,382.94 5 1 P a g e PORTLAND SEATTLE BOISE SALT LAKE CITY DENVER 6110 N Cutter Circlet 2004 48th Ave. Ct. E 4499 Market St. 3738 West 2340 S, Suite E 3233 Oakland St. Portland, OR 97217 Fife, WA 98424 Boise, ID 83705 Salt Lake City, UT 8412D Aurora, CO 80010 503.224.3623 253.517.1701 208.342.6541 801.886.1424 303.360.7110 DocuSign Envelope ID: A1B45EFA-809A-4197-8C48-1E52E15C42FC KOHLERa au ORIZED IN POWER.SINCE1920. DISTRIBUTOR POWER SYSTEMS WEST PowerSystemsWestxom Offer Acceptance I hereby authorize Power Systems West to use this form as a bona fide purchase order of the equipment listed on QUOTATION # 26960141, which establishes price and Bill of Materials. Acceptance of this offer is expressly limited to Power Systems West terms and conditions. Proposed by: Company: Power Systems West Sales Professional: Ray Bishop Signature: Rey vao Date: February 28, 2023 Accepted by: Company: City of Port Orchard Print Name: Robert Putaansuu ocu igne y: Signature: r6b PlM"a&A-SWA, F1CTfEA7� Date: 03 / 15 / 2023 6 1 P a g e PORTLAND SEATTLE BOISE SALT LAKE CITY DENVER 6110 N Cutter Circle, 2004 48th Ave. Ct. E 4499 Market St. 3738 West 2340 S, Suite E 3233 Oakland St. Portland, OR 97217 Fife, WA 98424 Boise, ID 83705 Salt Lake City, LIT 8412D Aurora, CO 80010 503.224.3623 253.517.1701 208.342.6541 801.886.1424 303.360.7110