Loading...
HomeMy WebLinkAboutR-2020-036 Public Works Fuel Management System Updgrades Project; Contract with Mascott Equipment Co.RESOLUTION NO. R-2020-036 A RESOLUTION approving a contract with Mascott Equipment Co for the Public Works Fuel Management System Upgrades Project WHEREAS, Public Works staff has identified that the City's Fleet Management Fueling System, located in four locations across the city, is in dire need of an upgrade with a fuel communication system, new card readers, and other miscellaneous parts to complete a changeover; and WHEREAS, staff has further identified that a new Petro -Vend System and related system parts are interchangeable with the City's existing fueling system, and WHEREAS, the Yakima City Council has budgeted for capital expenditures in 2019 and 2020 to rebuild the City's aging and ineffective Fuel Management System, and WHEREAS, plan specifications and contract documents were prepared for the Fuel Management System Upgrades to all current City of Yakima locations, and WHEREAS, the City of Yakima used the procedure established by Washington State law for the bidding and awarding of public capital improvement projects, and WHEREAS, Mascott Equipment Company submitted the low bid and has the ability to correctly construct and install the improvements at a cost of $201,357.73, and WHEREAS, the City's Chief Engineer has recommended awarding the contract to Mascott Equipment Company for constructing and installing the improvements, and WHEREAS, the City Council finds that it is in the best interests of the City of Yakima and its residents to enter into the contract to perform the Fuel Management System Upgrades, now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute the attached contract with Mascott Equipment Company, in the amount of $201,357 73 for the Public Works Fuel Management System Upgrades Project for installing new Petro -Vend PV-200 terminals and all other related parts and work ADOPTED BY THE CITY COUNCIL this 17th day of March, 2020 ATTEST Sonya Claar Tee, City Clerk P`tricia Byers, a, or 1 ITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEM ENT Item No. 6.0. For Meeting of: March 17, 2020 Resolution approving a contract with Mascott Equipment Co. for the Public Works Fuel Management System Upgrades Project Scott Schafer, Public Works Director Bob Desgrosellier, Acting Chief Engineer - (509) 575-6228 SUMMARY EXPLANATION: The City's Fleet Fueling System, located in four locations across the city, is in dire need of an upgraded fuel communication system, new card readers, and other miscellaneous parts to complete a changeover. Staff has identified the Petro -Vend System for use under this project since their parts are interchangeable with the existing fueling system. The procurement division advertised for bidders on February 10th and 11 th and had a bid - opening on February 24th. One bid was received. Mascott Equipment Co. provided the lowest responsive bid in the amount of $201,357.73. Their bid was below the Engineer's estimate of $216,400. Attached is the contract for City Council review. The project is funded from the Environmental Fund (Fund 555). Funds in the Environment Fund are provided by the fuel surcharge applied to every gallon of gasoline and diesel distributed. These funds are set aside strictly for maintenance and operation of the Public Works fuel distribution system. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Public Trust and Accountability APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution ATTACHMENTS: Description Upload Date resolution 3/ /2020 Type r ivierno 2 D Cootract 2.052TO Cover Metro CONTRACT THIS AGREEMENT, made and entered into in triplicate, this 11 day of I i ►A t 2020, by and between the City of Yakima, hereinafter called the Owner, and Mascott Equipment Co., Inc. a 36P) Corporation, hereinafter called the Contractor. WITNESSETH: That in consideration of the terms and conditions contained herein and attached and made a part of this agreement, the parties hereto covenant and agree as follows: I. The Contractor shall do all work and fumish all tools, materials, labor and equipment for THE BID AMOUNT OF: 5201,357.73 for the City of Yakima Fuel Management System Upgrades, City of Yakima Job No. 2512, all in accordance with, and as described in the attached specifications and the 2018 Standard Specifications for Road, Bridge, and Municipal Construction which are by this reference incorporated herein and made a part hereof, and shall perform any alterations in or additions to the work provided under this contract and every part thereof. Work shall start within ten (10) days after the Notice to Proceed and shall be completed in six (6) working days. The first chargeable working day shall be the llth working day after the date on which the City issues the Notice to Proceed. If said work is not completed within the time specified, the Contractor agrees to pay to the Owner the sum specified in the Standard Specifications for each and every day said work remains uncompleted after expiration of the specified time, as liquidated damages. The Contractors shall provide and bear the expense of all equipment; work and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in this contract and every part thereof, except such as are mentioned in the specifications to be furnished by the City of Yakima. !I. The City of Yakima hereby promises and agrees with the Contractor to employ, and does employ the Contractor to provide the materials and to do and cause to be done the above described work and to complete and finish the same according to the attached plans and specifications and the terms and conditions herein contained and hereby contracts to pay for the same according to the attached specifications and the schedule of unit or itemized prices hereto attached, at the time and in the manner and upon the conditions provided for in this contract. III. INDEMNIFICATION. The Contractor shall defend, indemnify, and hold harmless the City, its officers, elected officials, employees and agents from and against any and all claims, causes of action, damages, losses, and expenses of any kind or nature whatsoever, including but not limited to, attomey's fees and court costs, arising out of, relating to, or resulting from The Contractor's performance or non-performance of the services, duties and obligations required of it under this Agreement. IV. The Contractor for himself, and for his heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor. V. It is further provided that no liability shall attach to the City of Yakima by reason of entering into this contract, except as expressly provided herein. IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed the day and year first herein above written. Countersigned: CITY OF YAKIMA this lk day of tr "ii1020. , a _nrporation ,// Contractor By:..0/��~ or z , City �,. agar �— — �a•��h.- (Print Name) (President, Owner. etc.) tt's City Clerk CITY CONTRACT NO' - O �0 RESOLUTION NO' lS� CONTRACTOR >, - Its;`; • ress: 61,14 6 € ' 1- City of Yakima Project: (Name) Fuel Management System Upgrade (Number) 509.576.6412 To: (Contractor) Mascott Equipment Co. 435 NE Hancock Portland, OR 97212 L you are directed to make the following (ranges bn this Con Change Order Change Order Number 1 Change Order Date 3/1/22 Contract Number 2020-049 Contract Date 03/17/2020 Background: The system provided utilized AVi communications as directed. However, the City still has a need for the system to continue to utilize magnetic card readers. As a result, the system needs additional PCM Masters and Slaves, Mag Readers for the island mounted units including upgrading SQL Lite to SQL Full, and Spit Nozzles for smaller vehicle openings. Upgrading to SQL full provides iT more flexibility and options with regards to upkeep and repair to the system as well as setting up access for employees. 1. Provide and install 5 Mag Readers for PV-200 for island mounted units Including upgrading SQL Lite to SQL Full. Estimated cost $6164.23 2. Provide and install 6 Spit Nozzle upgrade for the City's DEF tank. Estimated cost $2707.50 3. Provide and install 4 PCM Master and Slave units for communications between AVI and Mag Readers. Estimated cost $6633.89 This work includes all costs associated with providing and installing the equipment and ensure everything is working properly, No other contract specifications are being changed. Not vaUri unfit ne i by both ttie A¥ Signature of the Contractor indka Authority and Contactor. ro " tent herewith, including any adjustment on the Contract Sum or Contract Time. The original Contract Sum was Net change by previous Change Orders The Contract Sum prior to this Change Order $ The Contract Sum will be: N Increased ❑ Decreased 0 Unchanged by this Change Order $ Ttae New Contract Sum including this Change Order will be ........... .............„„.,,».,,..,t.,,,, $ The Contract lime will be: ❑ increased 0 Decreased N Unchanged by working days The New Contract Time will be working days Based co Brand 01V21121 Original to; 0 Contractor Copies to: CI Region 0 Construction Administrator 0 OSC Accounting 0 City Engineering 201,357.73 0 201,357.73 15,505.62 218,863.65 CITY CONTRACT N RESOLUTION NO: Gv- i OPW FMS AVI Solution Bid Specifications 1.0 General Requirements System manufacturer must have a minimum of twenty (20) yearsexperience in the design and manufacture of fuel management equipment. The system needs to support future additions of fueling points, fuel sites, vehicles, drivers, etc The system shall be a OPW FMS PV200 System or approved equal. 2.0 Fueling Procedure The system should provide drivers with the ability to use automated fueling arid not have to approach the Fuel Island Terminal, All authorization of the vehicle will be done at the fueling point, by the fuel management system with no driver intervention, unless required by the customer for driver identification. The system will automatically identify the vehicle when the nozzle is inserted into the vehicle fuel inlet. if the vehicle is authorized, the fuel site controller will turn on the correct fuel dispenser. The wireless nozzle reader should provide feedback to driver via LED lights on the reader. If the nozzle reader does not detect the vehicle tag for a specified period of time (programmable), the transaction shall be terminated. During fueling, if a vehicle module is installed, the controller shall collect the engine hours or mileage from the vehicle, 3.0 System Description A. System Configuration The AVI control unit shall reside in the head of the Fuel Island Terminal and communicate with the fuel site controller for authorization of vehicles. The AVI controller should communicate to the wireless nozzle readers and vehicle modules via radio frequency. B. System Operation To initiate the wireless nozzle reader search for a tag, the user flips the handle on the pump and inserts the nozzle into the vehicle. Once the handle is flipped, the nozzle is inserted into the vehicle fuel inlet and the tag is read. Once the tag has been read and authorized, fueling can commence. During the fueling process, if a vehicle module is installed the engine hour or mileage will be transferred to the site controller. Once the fueling is complete the transaction is transferred to the site controller and fuel management software. Vehicles with no fuel ring shall not be effected by the AVI system and can fuel as normal. 4.0 Nozzle Reader The nozzle reader should be a wireless nozzle reader that is activated either by a tilt switch or push button to conserve battery. Further the nozzle reader should have 3 LED lights, red, yellow, and green, to indicate to the user the status of the transaction. It should communicate with the AVI system via 900 MHz radio frequency. The nozzle reader should mount on the OPW 11A or 7H nozzle using the correct adapters. 5.0 Passive Ring Tags ThepausivehnQtoQis1obemountedarmundthofue|in|et,andshaUactasthe°card"for authorizing the vehicle. The tag is read via RFID. The tag shall meet the following requirements: w Nowiring tovehicle wm No wired connection tmthe vehicle module inside the vehicle • Easy install •' Ability totune read range based oncustomer need • Variety ofsizes tofit vehicles • Variety ofstyles mftags, based onvehicle applications • Option ofself-destruct option for atamper resistant design 6.0 Vehicle Module (VI0) The vehicle module shall not integrate into the OBD port, and instead be powered by constant 12V/24V and ground from the vehicle. There shall be lights on the vehicle module to indicate that the vehicle module is receiving power appropriately. The vehicle should use the following methods to receive engine hours and mileage. • Engine hours — vehicle module should be wired to alternator D+ terminal or other sufficient power source totrack engine hours • Mileage — using a passive GPS to track mileage either with a dashboard or roof mounted antenna. The GPSsender shall have alight oni1toindicate ithas asignal. PART 2- PRODUCTS 2.01 FUEL MANAGEMENT SYSTEM NOTE: Products associated with this Section are sole source products, with no exceptions, and equals will not be accepted. A. Fuel Island Terminal (FIT): 1. Cabinet Dimensions: 18 inch H x 14 inch W x 10 inch D. 2. Pedestal Dimensions: 40 inch H x 14 inch W x 9 inch D. 3. Power Requirements: 115 VAC/230 VAC (Switch Selectable), 50/60 Hz, 200 watts maximum. 4. Operating Temperature Range: -40°F to 122°F (-40°C to 50°C). 5. Graphics display: 7 inch (18 cm) color display. 6. Pedestal and Cabinet Construction: Powder -coated aluminum. 7. Manufacturer shall be OPW Petro Vend PV200 B. Features: 1. Fuel Island Terminal must be compatible with an external Fuel Site Controller (FSC) to track and report fueling transactions. 2. Fuel Site Controller shall be OPW Petro Vend FSC3000TM. 3. The FIT and FSC must be compatible with Phoenix SQL software. 4. Menu -driven set-up at the terminal. 5. Thermostatically controlled heater. 6. Removable cabinet door to facilitate offsite service. 7. 7-inch color display. 8. ChipKey® reader with dual card reader feature to allow future operation with either optional magnetic stripe card reader or optional proximity card reader. 9. Cardless/keyless access to allow drivers to fuel using keypad entry. 10. LED lighting to illuminate keyboards, card readers, and receipt printer. 11. Display menus including graphics designed to guide users through setup procedures at the terminal. 12. Alpha keyboard to enable users to enter information such as license plate numbers. 13. 16-key numeric keypad including function keys that expand range of commands. 14. Alpha keyboard and numeric keypad shall be metal construction. 15. Direct Pump Control (DPC) for electronic pump control installed in pedestal. 16. Store up to 500 transactions. 17. 24-hour fueling capability. 18. Control of up to four fueling points. C. Software: Provide software from the same manufacturer as the FIT. The software shall: a. Be server based and SQL enabled. b. Be compatible with Windows 7 32/64 bit, 8.1 32/64 bit, Windows Server 2008 RC2, Windows Server 2012, and Windows Server 2012 RC2. c. Provide simultaneous multi-user access and security features. d. Provide centralized card database for multiple sites. e. Provide communication through modem, Ethernet, or direct connection. f. Have an intuitive browser -based interface to allow users to easily navigate between site, account, card, and transaction screens. g. Be browser enabled. h. Be Phoenix SQL. D. Operating instructions: Provide a plastic sign with clearly visible operating instructions. Instructions must indicate the locations of the nearby emergency shut-offdevices. E. Signage: Provide a plastic sign in the fuel terminal area as follows: 1. "In case of emergency: (1) Activate the Emergency Fuel Shut -Off switch (located on the fuel facility backboard or at the remote backboard) and (2) Report the emergency to facility personnel and/or to Emergency Services (911)." 2. "(1) It is illegal and dangerous to fill unapproved containers with fuel." 2.02 FASTENERS A. Vandal Resistant Fasteners: Stainless steel, alien or torx head, both with center post. PART 3 - EXECUTION 3.01 INSTALLATION A. Install the Work of this section in accordance with the manufacturer's printed installation instnictions, unless otherwise shown or specified. B. Provide the services of a manufacturer's representative of the installed fuel management system to install the fuel management software on the Owner's PC and set up as directed by the owner's representative. Assume a minimum of 8-hours of on -site effort for this task. 3.02 FIELD QUALITY CONTROL A. Testing: After installation of tank and piping, test the system in the presence of the wner's Representative, as follows: 1. Fuel Management System: a. The Facility, through the Owner's Representative, will arrange for delivery of product as needed to test the system. b. Make required repairs and final adjustments. 3.03 SOFTWARE INSTALLATION, PROGRAMMING, AND TRAINING D. Provide the services of a manufacturer's representative of the installed fuel management system to install, program, and train personnel in the fuel management software system. The software will replace the current software installed on the Equipment Maintenance Supervisor's computer located at 500 Hiawatha Boulevard West, Syracuse, New York 13204. Provide a minimum of 4-hours of installation and programming, and two training sessions that are each two hours in duration. A PowerPoint presentation shall be prepared and shall accompany the training sessions. The PowerPoint presentation shall be provided to the County. 3.04 HARDWARE TRAINING A. Provide the services of a manufacturer's representative of the installed fuel management system to train personnel in the proper operation and maintenance of the system. Provide a minimum of 8-hours of training. END OF SECTION 335646 ascott EQUIPMENT Since 1960 Bill -to Account #: 4669 CITY OF YAKIMA ACCOUNTS PAYABLE 129 NORTH 2ND STREET YAKIMA, WA 98901 Remit To: MASCOTT EQUIPMENT CO, 435 NE Hancock Portland, OR 97212 (503) 282-2587 FAX (503) 288-9664 www.mascottec.com Ship -to #: 2301 CITY OF YAKIMA-MAIN OFFICE 2301 FRUITVALE ROAD YAKIMA, WA 98902 INVOICE Number Date Page 501785.01 01/10/2021 1 Reference # 2512 Shipped FUEL MANAGEMENT SYSTEM UPGRADES MINOR CHANGES MINOR CHANGES 5 h RESTOCK FEE ON ANY RETURNED MERCHANDISE NO RETURNS ACCEPTED WLFUOUT PR !OR APPROVAL W, THE CONDITIONS AS SET ROM I I ON 6 HE REVERSE SIDE I I ERROR SHALL APPLY TO1555 SALE 4. 15 DAYS ALLOWED FOR CORE RETURN REFUNDS 186097.72I Terms Tax Code Doc 02 Ordered Shipped BackordrdIU. .00 Freight Ship Via BILL 1 Erb I EA Price lU. 185097.72 EA 1000.00 EA 185097.72 1000.00 PLEASE PAY ON INVOICE - REMIT TO 435 NE HANCOCK - PORTLAND, OR 97212 - NO STATEMENT ISSUED UNLESS REQUESTED PAST DUE ACCOUNTS SUBJECT TO 1.0% INTEREST CHARGE PER MONTH, 12% ANNUAL RATE CREDIT CARD PAYMENTS ARE SUBJECT TO 3% SERVICE FEE. Customer Copy Continued on next page.__-' helm this SOI NV 01-501785 iiJ 111 iii I siI liu ii11i1 1 i iiIiImUIiiil iililiiiiitii iii ri1 • TERMS AND CONDITIONS 1. ACCEPTANCE OF INVOICE: Buyer acknowledges that all quotations and agreements made between Buyer and Mascot Equipment Co., Inc,'s (herein Mascolt) agent shall be considered an offer by Buyer, which said offer Shall be subject to acceptance and approval by an officer of Mascott at Mascot's Portland office, subject to credit approval, The parties agree that the terms and conditions of this document shall control and shall constitute the parties' agreement, and any terms and conditions on Buyers purchase order, invoice or other document wit have no effect, 2, PRICE Buyer agrees that the purchase price shall be the fair market value of the equipment and/or machinery (hereinafter equipment or goods) on the date of delivery. Therefore, Buyer agrees that Mascott has the right to adjust the balance due at delivery to reflect any fluctuation in market prices for materials and/or labor occurring between the date of this agreement and the delivery date. Mascolt may require a payment equal to fifty percent (50%) of the purchase price to be paid al the Ume this order is placed. Buyer will be charged a restocking fee equal to twenty-five percent (25%) of the purchase price for returned goods. Any additional restocking fees assessed by the manufacturer for returned goods will also be paid by Buyer, When excavating for the installation of underground tanks or equipment, any unusual underground condition which prevents normal excavation and adds significantly to the cost, will be considered as extra, and will be charged for on a time and material basis. This may include excess water, rock greater than 12 Inches In diameter„ unstable soil trash, old piping, etc, 3, PAYMENT TERMS: Buyer agrees to pay all invoices when due, which is the essence of all orders or contracts. If Buyer fails to make timely payment Mascolt may, at its sole option: (a) defer further shipments unit Buyer makes such payments. or (b) elect to cancel all unfilled orders and contract. Buyer agrees That Mascolt may withhold or delay deliveries if Buyer trails to maintain a satisfactory credit history with Mascolt or fails to provide satisfactory security to Mascott for payment, IF, UPON MASCOTT'S NOTIFICATION TO BUYER THAT GOODS AND EQUIPMENT ARE READY TO SHIP AND BUYER DELAYS SHIPMENT FOR MORE THAN THIRTY (30) DAYS FROM THE DATE OF SUCH NOTIFICATION, A CHARGE OF ONE PERCENT (1%) PER MONTH SHALL BE APPLIED TO THE TOTAL BALANCE DUE ON THIS ORDER„ 4. TAXES: In addition to the Price set forth above, Buyer will pay, or reimburse Mascott upon demand if Mascott pays, at sales, use, excise, occupation, duty or other tax or taxes levied, assessed or imposed by any taxing authority, whether the United States, a Stale, or a political subdivision of either. 5. PERMITS: Buyer shall, at its expense, obtain all necessary public, inspection, license, building, and other permits and shall be responsible for compliance with all applicable laws, ordinances and government regulations regarding the installation and operation of the equipment on Buyer's premises. 6. CHARACTER OF EQUIPMENT: The parties intend that the equipment shall, at all times, be considered personal property and not as fixture(s), notwithstanding of the manner in which the equipment may be installed or connected to Buyer's real estate. 7. SECURITY AGREEMENT: Buyer hereby wants Mascoll a security interest in all of Buyer's right, title and interest, now owned or hereafter acquired, in and to the equipment described above and any portion of such equipment, including any other after acquired. substituted or replacement parts, materials, and equipment„ to secure Me timely performance and payments of the underlying obligation herein and all indebtedness and obligations of Buyer to Mascott presently existing or hereinafter arising, direct or indirect, and interest thereon. Buyer will not. without the written consent of Mascolt, sell, contract to sell, lease, encumber assign transfer from its place of installation or otherwise dispose of equipment or any interest therein until this security agreernent and all debts secured thereby have been fully satisfied. At the request of Mascoll, Buyer will join in executing, or will execute, as appropriate, all necessary financing statements and all other instruments deemed necessary by Mascott and by the cost of filing such documents, Buyer shalt not delegate performance nor assign any rights or obligation hereunder, 8. RISK of LOSS. This agreement is a shipment contract FOB Mascott's place of business or FOB manufacturer's facility. The risk of loss, injury, or destruction of the equipment or any pert thereof passes to the Buyer upon due delivery of the equipment to the carrier. The Buyer shall pay the freight and insurance costs, Any such loss, injury, or destruction shall not release Buyer from any obligations under this agreement, including the payment of the MI purchase price and shall, at Mascot's option, accelerate the maturity of the unpaid balance of the purchase price to the date of such event. 9. DELIVERY: Buyer acknowledges that Mascott may change delivery dates without notice. Mascott shall not be liable for any loss, damage, or delay due to transportation or caused by fire, strike, civil or military authority, insurrection, a riot or any causes beyond Mascot's reasonable control. 10, INSPECTION AND ACCEPTANCE: BUYER SHALL INSPECT THE EQUIPMENT WITHIN TEN (10) DAYS AFTER THE DATE OF DELIVERY. A rejection of they goods by Buyer shall not be effective unless It is made and written notice thereof is given within fifteen (15) days after the date of delivery specifying any claim, defect, or any other proper objection to the equipment, Buyer shall thereafter be deemed conclusively to have accepted the equipment as sat/sfaclory Buyer must send the defective part(s) to Mascolt at Portland, Oregon, within ninety (90) days from the date of purchase and tag all defective part(s) showing date and all information necessary to support a claim. A revocation of acceptance shall not be effective unless written notice of the revocation is given within ten (10) days after Buyer has discovered the defect in the goods, or twenty (20) days after acceptance of Buyer, whichever occurs Arse. 11. WAIVER, Mascott shall not, by any act, delay, omission, or otherwise be deemed to have waived any of its rights or remedies under this agreement, No waiver whatever stall be valid unless In writing signed by Mascott, and then only to the extent under the terms set forth therein. 12. SEVERABILITY: This agreement is divisible.. If any provision of this agreement is declared invalid by any tribunal, the remaining provision of this agreement shall not be affected thereby. 13, JURISDICTION: This agreement shall be construed and governed in at matters by the law of the State of Oregon. The parties consent to the exclusive 'jurisdiction of and venue in Multnomah County, Oregon with respect to any and all claims or controversies arising out of or related to this order, and consent to service of process outside the State of Oregon in any action hereunder by registered mail or personal service, The prevailing party In any action commenced hereunder shall be entitled to a reasonable sum as attorney fees, together with all costs. An act.lon brought for a breech of this agreement shall be commenced within one (1) year after the cause of act/on has accrued. 14. DEFAULT: All times specified in this agreement for the performance of the obligations of the parties shall be deemed of the essence. If the Buyer fails to pay, when due, any amount payable on this agreement or on any other indebtedness of Buyer secured hereby, or shall fail to perform any of the provisions of agreement, Buyer shall be in default.. 15, MASCOTT'S REMEDIES, On any default, and at any time thereafter, Mascot/ may, at Mascott's opt/on, pursue any rights and remedies provided by this agreement and the Oregon Uniform Commercial Code, including but not limited to repossess the machines and equipment from Buyer's premises, dispose of the equipment pursuant to a public or private sale• or forfeit the Buyer's rights and retain all sums paid heretofore by Buyer to Mascott in lieu of resale and in satisfaction of Buyer's obligations. Mascott shall be entitled to compensation for all incidental damages, Including but not limited to all commercially reasonable charges, expenses, or commissions incurred in stopping delivery under the Code, in the transportation, care and custody of goods after a breach by Buyer and in connection with the return or resale of goods, or any other damages resulting from a breach by Buyer. Mascatt's remedies and rights are cumulative and the exercise of one right or remedy does not exclude any other rights or remedies conferred on Mascott by law. 16, LIQUIDATED DAMAGES: The parties agree that Mascott shall be entitled to retain all deposits made by Buyer, as liquidated damages, If Buyer shall breach or fail to consummate this sale, The parties agree that liquidated damages are needed because of the difficulty in determining Mascot's damages upon Buyer's breech, Mascot's capital investment in making the equipment and the numerous jurisdictions /n which Mascolt sells equipment, At its sole option, Mascott may elect the remedies provided in Paragraph 16 instead of liquidated damages, 17. LIMITATION ON MASCOTT'S LIABILITY: MASCOTT SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGE INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS OR TIME, INTERRUPTION OR LOSS OF EQUIPMENT, OR LABOR IN REPAIRING, SUSTAINED BY BUYER BY REASON OF ANY DEFECT IN THE GOODS OR ANY PART THEREOF, DELAY IN THE DELIVERY OF THE GOODS, OR BREACH OF WARRANTY, EXCEPT TO THE EXTENT OF REPAIR OR REPLACEMENT AS PROVIDED IN PARAGRAPHS 18AND 19, 18, EXCLUSIVE REMEDY OF THE BUYER: THE PARTIES AGREE THAT BUYER'S SOLE AND EXCLUSIVE REMEDY FOR ANY DEFECTIVE GOODS IS TO REQUIRE MASCOTT TO DELIVER TO A CARRIER PROPERLY CONSIGNED TO BUYER, A SUITABLE PART TO REMEDY THE DEFECT. THE REPLACEMENT OF THE DEFECTIVE PART IS THE LIMIT OF THE LIABILITY OF MASCOTT. THE SOLE PURPOSE OF THIS STIPULATED AND EXCLUSIVE REMEDY IS FOR MASCOTT TO REPAIR, AND OR REPLACE, DEFECTIVE PARTS IN THE MANNER HEREIN PROVIDED. THIS EXCLUSIVE REMEDY SHALL NOT BE DEEMED TO HAVE FAILED ON ITS ESSENTIAL PURPOSE SO LONG AS MASCOTT IS WILLING AND ABLE TO REPAIR OR REPLACE DEFECTIVE PARTS IN THE PRESCRIBED MANNER, 19, MANUFACTURERS' WARRANTIES: SOME OF THE GOODS AND EQUIPMENT SOLD BY MASCOTT MAY BE COVERED BY MANUFACTURERS' WARRANTIES. IN SUCH CASES, ALL MANUFACTURERS' WARRANT IL shin BE PAt ,Eu , BUYEn .-OR P', rtn BENt i. 20. WAIVER OF EXPRESS WARRANTIESEX, =PT A S , 'CIVIC ED IN , \RAGI.APH 1, MASCC T GI ES In EXPRESS W/ :RAN-"IES AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, FITNESS FOR ANY PAR CULP i P. 'PO iE, PRL 'UC'rVENI S, OR AN DTI- R N ,TER, OF ANY 3 SUPPLIED BY MASCOTT, MASCOTT IS IN NO WAY RESPONSIBLE FOR THE PROPER L E AN OR . -R /ICE OF U( rl GO( S. EXCEF AS iO4 ,ED HEREIN 1✓' -H REGARD TO INSPECTION AND ACCEPTANCE, BUYER HEREBY WAIVES ALL RIGHTS OF RE USAL AND R. - JRN OF : 'r,H GOO, 1, 21, WAIVER OF IMPLIED WARRANTIES, THra SALL IS MADE ON THE EXPRESS UNDErso i ANDINb u HAT THErcc IS NO mnrutu vARRANTY THAT THE GOODS SHALL BE MERCHANTABLE OR AN IMPLIED WARRANTY THAT THE GOODS SHALL BE FIT FOR ANY PARTICULAR PURPOSE THE BUYER ACKNOWLEDGES THAT BUYER IS NOT RELYING ON MASCOTT'S SKILL OR JUDGMENT TO SELECT OR FURNISH GOODS SUITABLE FOR ANY PARTICULAR PURPOSE. BUYER HAS NOT RELIED ON ANY ORAL OR WRITTEN REPRESENTATIONS AFFIRMATION OF FACT DESCRIPTION OF GOODS OR PRODUCT SAMPLES, EXCEPT THOSE EXPRESSLY STATED WITHIN THIS WRITTEN DOCUMENT, AND THAT' THERE ARE NO WARRANTiES WHICH EXTEND BEYOND THE DESCRIPTION OF THE FACT HEREOF, 22, EXCLUSION OF WARRANTIES: MASCOTT MAKES NO WARRANTY AS TO TITLE OF GOODS, CLAIMS OF THIRD PARTY ARISING FROM PATENT OR TRADEMARK INFRINGEMENT, OR AS TO THE EXISTENCE OF ANY SECURITY INTEREST, LIEN OR OTHER ENCUMBRANCE ON THE GOODS SOLD TO BUYER AT THE TIME OF THE EXECUTION OF THIS AGREEMENT, AT THE TIME OF DELIVERY OF THE GOODS, OR AT ANY OTHER TIME. 23, BUYER'S REPRESENATION: Buyer recognizes that: (a) the equipment sold to Buyer pursuant to this agreement maybe protected by any number of patents and/or trademarks: and (b) part of the consideration for the sale of the equipment is Buyer's representations, therefore, Buyer represents andwarrantsthat Buyer shall not, at any time, alter any equipment furnished by Mascot! under this agreement or do anything that will infringe, impeach or lessen the validity of the patents or trademarks under which Mascolt's equipment is made or sold, Since 1960 Remit To: MASCOTT EQUIPMENT CO. 435 NE Hancock Portland, OR 97212 (503) 282-2587 FAX (503) 288-9664 IYYrr`, ee n INVOICE Number Date Page, ...... 507146 12/21/2020 1 Bill -to Account #: 4669 CITY OF YAKIMA ACCOUNTS PAYABLE 129 NORTH 2ND STREET YAKIMA, WA 98901 Ship -to #: 2301 CITY OF YAKIMA-MAIN OFFICE 2301 FRUITVALE ROAD YAKIMA, WA 98902 Reference # KERRY Item OPV20-4409 OPV20-4405 FACTORY FREIGHT Shipped 12/21/2020 Description Salesperson NICHOLS KIT, PCM MASTER KIT, PCM SLAVE TWO HOSE FACTORY FREIGHT 23% RES 6 0CK FEE: ON ANY RE3 URNED MERCHANDISE 2 NO RETURNS ACCEPTED WITHOUT PlUOR APPROVAL 3 THE CONDI (IONS AS SF1 FORTH ON THE REVERSE SIDE I IEREON 3232 L APPL`! T01 H[S SALE 4 15 DAYS ALLOWED FOR CORE RETURN REFUNDS Terms Tax Code Doc # 0 Freight NET 10TH WAYAKYAK399835 02 BILL Ordered Shipped' BackordrdlUM 4I 4 OIEA 4; Off EA O IEA. Ship Via SERVICE Price IUM 895.00 EA 630.00 EA 25.48 EA .00 PLEASE PAY ON INVOICE - REMIT TO 435 NE HANCOCK - PORTLAND, OR 97212 - NO STATEMENT ISSUED UNLESS PAST DUE ACCOUNTS SUBJECT TO 1.0% INTEREST CHARGE PER MONTH, 12% ANNUAL RATE CREDIT CARD PAYMENTS ARE SUBJECT TO 3% SERVICE FEE. Customer Copy Continued on below tM lime SO V 111111111111111111 01-5011IIlIIl11 I111 Extension 3580.00 2520.00 25.48 6633.89 REQUESTED next p! e_.�,. qiascott ► UIPMENTP M E N T ince 1960 Bill -to Account #: 4669 CITY OF YAKIMA ACCOUNTS PAYABLE 129 NORTH 2ND STREET YAKIMA, WA 98901 KERRY JONES Item OPV75-3062 FACTORY FREIGHT Remit To: MASCOTT EQUIPMENT CO. 435 NE Hancock Portland, OR 97212 (503) 282-2587 FAX (503) 288-9664 01/29/2021 NICHOLS Description SPLIT NOZZLE FACTORY FREIGHT 1 25% RESTOCK PEP. ON ANY RETURNED MERCHANDISE 2 25) RETURNS ACCEPTED WITHOUT PRIOR APPROVAL 3, THE CONDITIONS AS SET FORTH ON 'THE REVERSE SIDE HEREON SHALL APPLY TO T IIIS SALE 15 DAYS ALLOWED FOR CORE RETURN REFUNDS Ship -to #: 2301 CITY OF YAKIMA-MAIN OFFICE 2301 FRUITVALE ROAD YAKIMA, WA 98902 NET 10TH 2500.00 .00 K40623 INVOICE 9/i21 . UPS NEXT DAYAIR 375.00 Extension 2250.00 250.00 EA! 250.00 207.50 + .00 2707.50 PLEASE PAY ON INVOICE - REMIT TO 435 NE HANCOCK - PORTLAND, OR 97212 - NO STATEMENT ISSUED UNLESS REQUESTED PAST DUE ACCOUNTS SUBJECT TO 1.0% INTEREST CHARGE PER MONTH, 12% ANNUAL RATE CREDIT CARD PAYMENTS ARE SUBJECT TO 3% SERVICE FEE. nowe be InaCopy C ....__..__. ontinued on nextpage t a�-rt`l�alad I'�7� fCustomer,�...v�.�..� ,��u.. SOINV III III1111111IIII I11II111 01-510085 III IIIIIIIIIIIIIIIIIIman III Do not write SOINV r III III I III I III I ascott EQUIPMENT Since 1960 Bill -to Account #: 4669 CITY OF YAKIMA ACCOUNTS PAYABLE 129 NORTH 2ND STREET YAKIMA, WA 98901 Reference # KERRY Item OPY20-4443-MAG FACTORY FREIGHT OPV20-6162-UP Remit To: MASCOTT EQUIPMENT CO. 435 NE Hancock Portland, OR 97212 (503) 282-2587 FAX (503) 288-9664 www.mascottec.com Shipped Salesperson 12/21/2020 MAG READER FOR PV-200 FACTORY FREIGHT UPGRADE SQIL LITE TO FULL SQL 1. INSTALLATION INCLUDED. RES POCK FEE ON ANY RETURNED MERCHANDISE RETURNS ACCEPTED WITHOUT PRIOR APPROVAL HE CONDITIONS AS SET FORM 17 ON THE REVERSE SIDE EREON SHALL APPLY TO THIS SALE 5 DAYS ALLOWED FOR CORE. RETURN REFUNDS Ship -to #: 2301 CITY OF YAKIMA-MAIN OFFICE 2301 FRUITVALE ROAD YAKIMA, WA 98902 Terms Tax Code ° Doc # NET 10TH WAYAKYAI 401511 Ordered 5 1 1 Wh Shipped Backordrd 0 0 Freight EA EA 0 EA INVOICE Number Date Page Ship Via 507152 12/21/2020 UPS NDA EARLYAM Price �If 592.40 150.00 2550.00 PLEASE PAY ON INVOICE - REMIT TO 435 NE HANCOCK - PORTLAND, OR 97212 - NO STATEMENT ISSUED UNLESS PAST DUE ACCOUNTS SUBJECT TO 1.0% INTEREST CHARGE PER MONTH, 12% ANNUAL RATE CREDIT CARD PAYMENTS ARE SUBJECT TO 3% SERVICE FEE. Customer Copy Continued 111111111 01-507152 III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Extension 2962.00 150.00 2550.00 6164.23 REQUESTED on next page ...