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HomeMy WebLinkAboutR-2024-101 Resolution authorizing an agreement with Cascade Fire Equipment Inc for the purchase of one (1) KME Custom Pumper Apparatus for the Yakima Fire Department RESOLUTION NO. R-2024-101 A RESOLUTION authorizing an agreement with Cascade Fire Equipment, Inc., for the purchase of One (1) KME Custom Pumper Apparatus for the Yakima Fire Department. WHEREAS, the City of Yakima desires to purchase off Sourcewell contract #113021- RVG-3 to procure a new fire apparatus from Cascade Fire Equipment, Inc. Cascade Fire Equipment, Inc., agrees to deliver apparatus pursuant to the Sourcewell contract under the terms and conditions found in that agreement and the purchase agreement and proposal submitted to the City by Cascade Fire Equipment, Inc.; and WHEREAS, Sourcewell is a cooperative purchasing consortium that the City is authorized to purchase from, under member number 2513; and, WHEREAS, through Sourcewell, the State of Minnesota was the lead agency for RFP #113021. In response to the RFP, KME Rev Group participated in the competitive bid process and was awarded contract #113021-RVG-3. Cascade Fire Equipment is an authorized dealer under this contract; and WHEREAS, the Scope of Work and Budget included in this agreement meet the needs and requirements of the City of Yakima for this purchase, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute an Agreement with Cascade Fire Equipment Inc., attached hereto and incorporated herein by this reference. The amount of this purchase, as outlined in the attached proposal, is $1,288,763.50. The estimated build time is 820 days from receipt of order. Payment is due upon delivery and acceptance. ADOPTED BY THE CITY COUNCIL this 21st day of May, 2024. Patricia Bye , Mayor ATTEST: • //_'�Ki�q�`�h��► *' • • I * SEAL * • 1 • •salinda Ibarra, City Clerk 'ilhg4;;NGAc): 1 Ki ) FireWDex J SCOTT FIRE & SAFETY CUSTOMIZING QUALITY SOLUTIONS AND RELIABLE SERVICE FOR YOUR FIRE AND SAFETY NEEDS PURCHASE AGREEMENT FOR FIRE APPARATUS This Agreement is hereby entered into by and between Cascade Fire Equipment, Inc., located 123 South Front Street, Yakima, WA. 98901 ("Company") and City of Yakima ("Buyer") (hereinafter the "Parties") • APPARATUS. The Company agrees to sell, and the Buyer agrees to purchase One (1) KME Custom Pumper Apparatus (collectively hereinafter referred to as "Apparatus") described in the Company's quoted proposal per the Buyer's Specifications, which are attached hereto and hereby incorporated herein, all in accordance with the terms and conditions of this Agreement. Delivery to City of Yakima to be approximately 820 days from receipt of executed contract. Completion of the pre-construction conference shall be conducted virtually within 60 days from execution of contract. The Seller shall not be charged with liquidated damages or any excess cost if any delay of the delivery of goods is due to: • Any preference, priority of allocation order duly issued by any governmental agency. • Unforeseeable causes beyond the reasonable control of Seller and without the fault, or negligence of the Seller, including but not restricted to, acts of God, or of the public enemy, acts of the Buyer, fire, flood, epidemics, quarantine restrictions, strikes, freight embargoes, and natural disasters • Product shortages, tariffs or product interruptions due to trade disagreements or supply chain disruptions. Provided that the Seller shall, within seven days from the beginning of such delay, notify the Buyer, in writing, of the causes of the delay whereupon the Buyer shall ascertain the facts and extent of the delay and notify the Seller within a reasonable time of its decision in the matter. • PURCHASE PRICE. Buyer agrees to pay a Purchase Price of One Million One Hundred Eighty Four Thousand Six Hundred Sixty One and 00/100 ($1,184,661.00) for one (1) completed KME Pumper Apparatus in accordance with the Buyer's Specifications. The purchase price is due and payable upon delivery and acceptance at the City of Yakima facilities. • Purchase being provided through Sourcewell contract#113021-RVG-3. • If the Buyer claims an exemption from any tax assessed in this transaction, Buyer agrees to furnish the applicable exemption certificate to the Company and to hold Company harmless from any damage which may result from the Company ultimately having any such tax assessed against it. This pricing is exclusive of any taxes which may apply. 0:509-453-6527 I 1-800-572-3939 I F:509-457-2890 1123 South Front Street,Yakima,WA 98901 cfireinc.com KM—E� hireffiI)ex scary 412> . � . r �� FIRE & SAFETY CUSTOMIZING QUALITY SOLUTIONS AND RELIABLE SERVICE FOR YOUR FIRE AND SAFETY NEEDS • In the event that pending mandated emission changes for Cummins Engines effective 1/1/2026 requires changes to Cummins Engines in production, the following will occur. If the specified X12 engine is not available or cannot be provided for the specific quote or build slot at time of production, the buyer will be changed to the X10 Engine to comply with Federally mandated requirements to be installed on all applications effective January 1st, 2026. Any additional costs would be documented by Cummins to the buyer and any pricing changes would be passed to the buyer. Current cost estimates to move to the new mandated motor are $65,196.00. • WARRANTIES: • New Item(s) of Apparatus: The Company warrants each new item of Apparatus manufactured by it against defects in material and workmanship occurring within a period of one (1) year from the date of delivery to the original user/purchaser. The warranty provided herein is more particularly described in the Company's preprinted Statement of Warranty which is attached to this Agreement. In the event of any conflict between the Statement of Warranty and this Agreement, the Statement of Warranty shall govern. • By Buyer's signature below, Buyer hereby acknowledges receipt of the Company's preprinted Statement of Warranty. • Item(s) of Apparatus not Manufactured by Company: With respect to any items of Apparatus which are not manufactured by the Company, such items are not warranted by the Company and Company hereby disclaims any and all warranties with respect to such item(s), express or implied, including warranties of merchantability and fitness for a particular purpose that may be attributed to Company under this Agreement or by law. However, such item(s) shall be subject to any warranty provided by the manufacturer of such item(s). • NOTICE. The parties to this Agreement designate the individuals executing this Agreement as the respective representative of the parties to this Agreement, for purposes of receiving communications regarding this Agreement. • ATTORNEY FEES AND COSTS. In the event of any legal action(including arbitration)to enforce or interpret this agreement, prevailing party shall be entitled to an award of it's reasonable attorneys fees and other costs and expenses(including expert witness fees, and costs) incurred in such action. • ENTIRE AGREEMENT. This Agreement, including its attachments and exhibits, constitutes the entire understanding between the parties relating to the subject matter contained herein and merges all prior discussions and agreements. No agent or representative of the Company has authority to make any representations, statements, warranties or agreements not herein expressed and all modifications or amendments of this agreement, including its attachments and exhibits, must be in writing signed by an authorized representative of each of the Parties hereto. • BINDING EFFECT. This Agreement shall be binding upon and shall inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the Parties hereto. 0:509-453-6527 I 1-800-572-3939 I F:509-457-2890 1123 South Front Street,Yakima, WA 98901 cfireinc.com KM—) Fire0 ex J scow Al&Q 116*1114) rig& FIRE & SAFETY CUSTOMIZING QUALITY SOLUTIONS AND RELIABLE SERVICE FOR YOUR FIRE AND SAFETY NEEDS • GOVERNING LAW. This Agreement shall be governed by, and the rights and duties of the parties shall be construed and determined in accordance with, the laws of the State of Washington. In the event of litigation or arbitration, the parties hereby stipulate that the Superior Court of Yakima County, State of Washington, is the proper venue for such dispute to be resolved. • HEADINGS. The headings in this Agreement are intended solely for convenience of reference and shall be given no effect in the construction or interpretation of this Agreement. • AUTHORIZATION. The individual executing this Agreement on behalf of the parties does hereby affirmatively represent that he/she has full and express authority to execute said Agreement on said party's behalf and to bind the said party to the same. • MISCELLANEOUS. There are no third-party beneficiaries to this Agreement. This Agreement may not be assigned to a third party, unless consented to in writing by the non-assignor. Should any provision of this Agreement be deemed unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect. • HOLD HARMLESS/INDEMNIFICATION. Each Party shall indemnify, defend and hold the other Party, its affiliates, subsidiaries, directors, officers, employees, and contractors, harmless from and against any claim, action, damages, liability, loss, cost or expense (including reasonable attorney's fees and costs), arising out of their performance of this Agreement. Neither Party shall be deemed to be an agent of the other party, for purposes of this paragraph. • NOTICES. All communications relating to this Agreement shall be addressed to the persons signing below: IN WITNESS WHEREOF, the Company and the Buyer have caused this Agreement to be executed by their duly authorized representatives as of the date set forth by each. Company: Cascade Fire & Safety Buyer: City of Yakima Digitally signed by Mark Me Mark Merritt Date.rritt 2024.0508 By: 13.12 01-07'00' By Print Name: Mark Merritt Print Name: ave Zabell Title: Director Title: Interim City Manager Date: 5/8/2024 Date: � 41 -acia 1.4 CITY CONTRACT NO: � �`� RESOLUTION NO: o (1 0:509-453-6527 I 1-800-572-3939 I F:509-457-2890 1 123 South Front Street,Yakima,WA 98901 cfireinc.com KiV E) Fire,DexI*41141ble Q SCOTT r FIRE & SAFETY CUSTOMIZING QUALITY SOLUTIONS AND RELIABLE SERVICE FOR YOUR FIRE AND SAFETY NEEDS May 8th , 2024 Cascade Fire & Safety, in partnership with and on behalf of KME, is pleased to present this proposal to City of Yakima for (1) new KME Fire apparatus for your review and consideration. (1) One KME Pumper$1,184,661.00 Sales Tax $98,326.86 Total Delivered with Sales Tax $1,282,987.86 Proposal Details: • Proposal is valid until June 1st , 2024 • Build time is estimated at 820 days from receipt of order • Purchase utilizing Sourcewell contract#113021-RVG-3 • Pre-Construction meeting held virtually at Yakima Fire Department • Mid-Point inspection trip to KME for (4) YFD personnel is included • Final Inspection trip to KME for (4) YFD personnel is included • Delivery to and Familiarization at Yakima WA included • Sales Tax and Sourcewell Administration fees included • Performance Bond cost is included — Bond will be provided within 10 days of contract execution • Payment is due upon Delivery and acceptance • In the event that pending mandated emission changes for Cummins Engines effective 1/1/2026 requires changes to Cummins Engines in production, the following will occur. If the specified X12 engine is not available or cannot be provided for the specific quote or build slot at time of production, the buyer will be changed to the X10 Engine to comply with Federally mandated requirements to be installed on all applications effective January 1st, 2026. Any additional costs would be documented by Cummins to the buyer and any pricing changes would be passed to the buyer. Current cost estimates to move to the new mandated motor are $65,196.00. • The timeline quoted is a good faith estimate using all the information currently available. Subject to the terms of the purchase agreement and as otherwise stated therein, future delays are not the fault of KME or Cascade Fire and Safety and should not be held liable for any delays outside of our control. Respectfully Submitted, Mark Merritt— President Cascade Fire and Safety 0:509-453-6527 I 1-800-572-3939 I F:509-457-2890 1123 South Front Street, Yakima,WA 98901 cfireinc.com Sourcewell ;; t f. GROUP This quote sheet is based on conditions set forth in Sourcewell Contract#113021-RVG-3 and current KME Product Catalog MSRP as filed with Sourcewell 06/05/2022. Dealer Information: Customer Information: Name: Cascade Fire and Safety Name: City of Yakima Address: 123 S Front St Address: City: Yakima City: Yakima Prov: WA Prov: WA Postal: 98901 Postal: Contact: Mark Merritt Contact: Quote or Stock#: 9555-0 Member#: 2513 Please note:Pricing as required by Sourcewell is based on a percentage off MSRP based on the model offered. Discounting applies to the KME portion of the selected apparatus. Quoted Model: Custom Chassis Pumper KME Portion: $ 1,391,429.68 Discount%: 5% Discount Amount: $ (69,571.48) Multi-Unit Discount(if applicable) Discount Amount: $ - Sub Total: $ 1,321,858.19 Non KME(Comm Chassis,chassis prep,training,etc): $ - Sub Total: $ 1,321,858.19 Priced to Market Discount in lieu of%discount(if applicable): $ - Truck Sub Total: $ 1,321,858.19 Adjustments to driveway,PDI,dealer delivery and training: $ (2,100.00) Total trips pre-build,mid-term,and final insection(if applicable): $ - Total for extended coverages(if applicable): $ - Dealer Supplied Equipment: $ - Other Misc: $ - Sub Total: $ 1,319,758.19 Taxes(if applicable)based on Sourcewell discounted price: $ - Number of units: 1 Sourcewell Sub Total: _$ 1,319,758.19 *Quoted Total: $ 1,179,861.00 Additional Savings: $ (139,897.19) Performance Bond:(Optional) $ 4,800.00 Sub Total: $ 1,184,661.00 Pre-pay discounts(if applicable): $ - Trade-In allowance(if applicable): $ - Total: $ 1,184,661.00 *If Quote Total includes pre-pay discounts,deposits must be made within proper time limits. Quote Date: 7/14/2013 1 a, ____,) BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 9. For Meeting of: May 21, 2024 ITEM TITLE: Resolution authorizing an agreement with Cascade Fire Equipment Inc for the purchase of one (1) KME Custom Pumper Apparatus for the Yakima Fire Department SUBMITTED BY: *Deputy Fire Chief DJ Goldsmith Christina Payer, Buyer I I SUMMARY EXPLANATION: The City of Yakima desires to purchase off Sourcewell contract#113021-RVG-3 to procure a new fire apparatus from Cascade Fire Equipment, Inc. Cascade Fire Equipment, Inc., agrees to deliver apparatus pursuant to the Sourcewell contract under the terms and conditions found in that agreement and the purchase agreement and proposal submitted to the City by Cascade Fire Equipment, Inc. The Scope of Work and Budget included in this agreement meet the needs and requirements of the City of Yakima for this purchase. The amount of this purchase, as outlined in the attached proposal, is $1,288,763.50. The estimated build time is 820 days from receipt of order. Payment is due upon delivery and acceptance. We are piggy-backing on a purchasing agreement from an agency in Minnesota using Sourcewell. This agreement is being used because the purchase price has already been vetted through a competitive bid process. Piggy-backing on this agreement is a common practice in procurement and prevents months of added time and cost of going out to bid each time. Upon delivery, the fourth fire engine will be put in service at station 93; the second busiest station in the city. Engine 93 will be re-numbered and placed as a reserve engine for five more years. E- 92 is a 2008 and has started having some issues that dependent upon the severity, may or may not be fiscally responsible to repair. If we move forward with repairing E-92's diesel engine, it will be placed in a reserve status. Reserve E-292 is 19 years old and is anticipated to be declared surplus and potentially sold to our Sister City Morelia. E-292 needs significant pump and valve repairs but parts for this engine have become obsolete are no longer readily available; the inability to make these repairs prevent it from being a reliable reserve engine. 2 ITEM BUDGETED: Yes STRATEGIC PRIORITY: Public Trust and Accountability APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Description Upload Date Type ❑ Resolution Agreement 12424 5/13/2024 Resolution ❑ Agreement 12424 5/13/2024 Contract ❑ Backup Pricing Worksheet 5/13/2024 Backup Material ❑ YFD pumper proposal 5/13/2024 Backup Material