FORM #9 SPECIAL PROCUREMENT REQUEST FOR APPROVAL To: From: City Council, Local Contract Review Board Stu Wilkie, Fleet Safety Supervisor Date: November 19, 2013 Subject: REQUEST FOR APPROVAL OF A SPECIAL PROCUREMENT In accordance with ORS279B.085, this request for approval of a Special Procurement is being presented to the City Council for approval. This written request for approval describes the proposed contracting procedure and the goods or services or the class of goods or services to be acquired through the special procurement and the circumstances that justify the use of a special procurement under the standards set forth ORS 279B.085(4). 1. Requesting Department Name: Public Works Fleet Department 2. Department Contact Name: Stu Wilkie Fleet Safety Supervisor 3. Type of Request: Class Special Procurement X Contract-specific Special Procurement 4. Time Period Requested: From: *Order to be placed upon receiving Council approval To: N/A 5. Total Estimated Cost: $217,930.00* * $200,000.00 was budgeted; the difference of $17,930.00 will be made up by other purchases coming in under budget. 6. Short title of the Procurement: Schwarze Model A7000 Street Sweeper Supplies and/or Services or class of Supplies and/or Services to be acquired: New Schwarze Model A7000 Street Sweeper 7. Background and Proposed Contracting Procedure: Provide a description of what has been done in the past and the proposed procedure. The Agency may, but is not required to, also include the following types of documents: Notice/Advertising, Solicitation(s), Bid/Proposal Forms(s), Contract Form(s), and any other documents or forms to be used in the proposed contracting procedure. Attach additional sheets as needed. Background: The Johnston Sweeper being replaced has 6,898 hours on the rear engine and 37,201 miles on the chassis. The miles may seem low; however the street sweepers run at wide open throttle Form #9 - Special Procurement Request for Approval, Page 1 of 4, 12/11/2013
10 hours per day in the worst environment possible, dirt and dust. According to industry standards 1- hour of wide open throttle equals 70 mile of driving wear, at 6,898 hours that equals 482,860 miles of wear. The Johnston Sweeper was our main sweeper from 2005 2009, during that time the sweeper had collected on average 3000 cubic yard per year. In 2009 we received the A7000 Schwarze sweeper moving the Johnston sweeper to the backup / leaf season sweeper position. Failure to replace the Johnston Sweeper may jeopardize compliance with the NPDES Phase II permit, as well impacting the level of sweeping service provided to the citizens of Ashland. Street sweeping is the first line of defense in the city s storm water system. Industry standard for street sweeper life cycle is seven years. City of Ashland experience has followed industry standard and when sweepers have been kept past their seven year life cycle, maintenance cost and downtime exceed acceptable limits. This sweeper will be nine years old when the replacement unit is delivered. Upon replacement of this unit, the new sweeper will be moved to the position of main sweeper and the current 2008 street sweeper will become the backup sweeper. Proposed procedure: Staff recommends the public contract be directly awarded to Atlantic Machinery using the NJPA Contract 031710-AMI. National Joint Powers Alliance (NJPA) was created by the State of Minnesota as a service cooperative to service any agency of the State of Minnesota or the United States. The NJPA allows members of the NJPA to piggyback on NJPA contracts. NJPA gives local governments nationwide access to volume purchasing and discounts. 8. Justification for use of Special Procurement: Describe the circumstances that justify the use of a Special Procurement. Attach relevant documentation. Staff recommends the City purchase a Schwarze Model A7000 street sweeper through NJPA. NJPA gives local government nationwide access to volume purchasing and discounts. The solicitation processed by NJPA (State of Minnesota) for the sweeper was advertised in the Daily Journal of Commerce. The Daily Journal of Commerce (publication) is located in Portland, Oregon. Government agencies throughout Oregon commonly use the Daily Journal of Commerce to satisfy the public notice requirements for advertising bidding opportunities. 9. Findings to Satisfy the Required Standards: This proposed special procurement: X (a) will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts because: The NJPA solicitation was advertised in the Daily Journal of Commerce (publication located in Portland, Oregon) on the following dates: 2/18/2010, 02/19/2010, 02/22/2013, 02/23/2010, 02/24/2010, 02/25/2010 and 02/26/2010 (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.); and X (b)(i) will result in substantial cost savings to the contracting agency or to the public because: Form #9 - Special Procurement Request for Approval, Page 2 of 4, 12/11/2013
There are two contracts available to the City. The NJPA contract price is $217,930.00 and the HGAC contract price is $220,896.00. The NJPA contract is $2,966.00 less than the HGAC contract. We also have confirmation that the NJPA contract was advertised in the State of Oregon via the Daily Journal of Commerce (Publication located in Portland, Oregon). (Please provide the total estimate cost savings to be gained and the rationale for determining the cost savings); or X (b)(ii) will otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with the requirements of ORS 279B.055, 279B.060, 279B.065, or 279B.070, or any rules adopted thereunder because: The City s Street and Fleet Departments have extensive experience with the Schwarze, Model A7000, Street Sweeper, and they have found them to be dependable and reliable, as well as easy to operate and maintain. Parts are readily available and delivered in a timely manner by EnviroClean, the local dealer and parts distributor for Schwarze. This is a multiuse piece of equipment with a high pressure wash down system. In addition to being a street sweeper, it can be used to clean catch basins and dig utilities to a depth of eight feet. And, its cameras eliminate blind spots for the operator. This piece of equipment comes fully equipped as required by the City s Street Department and is ready for delivery now. (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.) Form #9 - Special Procurement Request for Approval, Page 3 of 4, 12/11/2013
Public Notice: Pursuant to ORS 279B.085(5) and OAR 137-047-0285(2), a Contracting Agency shall give public notice of the Contract Review Authority's approval of a Special Procurement in the same manner as a public notice of competitive sealed Bids under ORS 279B.055(4) and OAR 137-047-0300. The public notice shall describe the Goods or Services or class of Goods or Services to be acquired through the Special Procurement and shall give such public notice of the approval of a Special Procurement at least seven (7) Days before Award of the Contract. After the Special Procurement has been approved by the City Council, the following public notice will be posted on the City s website to allow for the seven (7) day protest period. Date Public Notice first appeared on www.ashland.or.us - [If approved, November 20, 2013] PUBLIC NOTICE Approval of a Special Procurement First date of publication: [If approved, November 20, 2013] A request for approval of a Special Procurement was presented to and approved by the City Council, acting as the Local Contract Review Board, on [If approved, November 19, 2013]. This Contract-specific special procurement is for the purchase of a Schwarze Model A7000 Street Sweeper. The City intends to purchase the street sweeper from Atlantic Machinery. Atlantic Machinery was awarded the NJPA National Contract for Public Utility Vehicles. NJPA was created by the State of Minnesota and offers contracts to any government agency in the United States. It has been determined based on written findings that the Special Procurement will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts, and result in substantial cost savings or substantially promote the public interest in a manner that could not be realized by complying with the requirements that are applicable in ORS 279B.055, 279B.060, 279B.065, or 279B.070. An affected person may protest the request for approval of a Special Procurement in accordance with ORS 279B.400 and OAR 137-047-0300. A written protest shall be delivered to the following address: City of Ashland, Kari Olson, Purchasing Representative, 90 N. Mountain Avenue, Ashland, OR 97520. The seven (7) protest period will expire at 5:00pm on [If approved and posted, November 28, 2013] This public notice is being published on the City s Internet World Wide Web site at least seven days prior to the award of a public contract resulting from this request for approval of a Special Procurement. Form #9 - Special Procurement Request for Approval, Page 4 of 4, 12/11/2013