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HomeMy WebLinkAboutR-2019-090 Aircraft Rescue and Fire Fighter Equipment for Yakima Air Terminal; Agreement with Oshkosh Airport Products, LLC.A RESOLUTION RESOLUTION NO. R-2019-090 authorizing the execution of an agreement with Oshkosh Airport Products, LLC., to provide required Aircraft Rescue and Fire Fighting Equipment for the Yakima Air Terminal -McAllister Field. WHEREAS, the City owns and operates Yakima Air Terminal -McAllister Field in accordance with applicable Federal, State and Local regulations, and WHEREAS, in 2005, the Yakima Air Terminal -McAllister Field acquired an Aircraft Rescue and Fire Fighting (ARFF) apparatus and it is recommended by the Federal Aviation Administration (FAA) to replace the apparatus every 15 years due to the inability to obtain replacement parts as mechanical issues arise, and WHEREAS the Yakima Air Terminal -McAllister Field, in conjunction with the FAA, have identified the need to replace the airport's primary ARFF apparatus in order to meet Federal safety standards, and WHEREAS, the Yakima Air Terminal -McAllister Field advertised the need for replacing the airport's primary ARFF apparatus under a competitive bidding process and received three bids that were thoroughly evaluated, the airport has identified a lowest responsive and responsible bidder and has provided a letter of recommendation to the FAA to award the bid, and WHEREAS, upon receiving FAA approval to award the bid to the lowest responsive and responsible bidder, the City of Yakima is now ready to enter into a contract with Oshkosh Airport Products, LLC that is attached hereto and incorporated herein by this reference to assemble and provide the specialized ARFF apparatus the Air Terminal requires; and WHEREAS, the City Council has determined that approval of said agreement will promote the purposes of the Yakima Air Terminal -McAllister Field, will promote increased aviation safety as well as provide for the general health, safety and welfare of the citizens and is therefore in the best interests of residents of the City of Yakima, Now, Therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute and administer the attached and incorporated agreement with Oshkosh Airport Products, LLC , in an amount of seven hundred and sixty thousand, eight hundred ninety-eight dollars and eleven cents ($760,898.11) to assemble and provide the required ARFF Equipment for the Yakima Air Terminal -McAllister Field. ADOPTED BY THE CITY COUNCIL this 15' day of Octo ATTEST. Sonya Claar)Tee, City Clerk THIS AGREEMENT, made the day of CITY OF YAKIMA YAKIMA AIR TERMINAL ARFF Truck Procurement, Class 4 AIP 3-53-0089-044-2019 CONTRACT FORM OcA-D ' V , 2019, by and between, Oshkosh Airport Products, LLC hereinafter called the "CONTRACTOR," and the City of Yakima hereinafter called the "OWNER" WITNESSETH: That the CONTRACTOR and the OWNER, for the consideration hereinafter named, agree as follows: ARTICLE 1: SCOPE OF WORK: The CONTRACTOR shall furnish all labor, tools, materials, equipment and supplies required for the ARFF Truck Procurement Class 4 in accordance with the Contract Documents and specifications for AIP No. 3-53-0089-044-2019. The approximate quantities of work are shown in the Bid Proposal bound in this document. ARTICLE 2: TIME OF COMPLETION: The work to be performed under this Contract shall be commenced on the date specified in the Notice to Proceed and shall be completed within 460 Calendar Days. The CONTRACTOR agrees to pay, as liquidated damages, the following sums: Five Hundred Dollars and No Cents ($500.00) per day for each consecutive Calendar day thereafter, the equipment remains undelivered. The time for completion shall include the time necessary to order and procure matenals. ARTICLE 3: THE CONTRACT SUM: The OWNER shall pay the CONTRACTOR for the performance of the Contract, subject to additions and deductions provided therein, in current funds an amount equal to the estimated total bid, including tax, as provided in the Bid Schedule of Items and Prices, as follows: Seven Hundred Sixty Thousand, Eight Hundred Ninety -Eight Dollars and Eleven Cents ($760,898.11) ARTICLE 4: PAYMENTS: The OWNER will make payment on account to the CONTRACTOR as provided therein, as follows. Within 10 calendar days after completing the required training as set forth by the specifications, the CONTRACTOR shall submit for payment on invoice for the full contract amount. Payment will be made in full within 30 calendar days of receipt of invoice, conditional that the final certificate and final acceptance are issued as set forth in ARTICLE 5. ARTICLE 5: FINAL ACCEPTANCE: Upon receipt of invoice, the ENGINEER will venfy fulfillment of the Contract to include delivery of equipment, training, and data submittal. When verified by the ENGINEER that all terms and conditions have been fully performed, he shall promptly issue a final certificate, over his own signature, stating the work provided for in this contract has been completed and is accepted by him under the terms and conditions hereof Final acceptance will be issued within 30 calendar days by the OWNER after their acceptance of said final certificate. Before issuance of the final certificate, the CONTRACTOR shall submit evidence, satisfactory to the ENGINEER, that all payrolls, matenal bills, taxes and other indebtedness connected with the work have been paid. Final release of Performance and Payment Bond shall be done after receipt of releases from Washington State Labor and Industnes, Employment Security and Department of Revenue. the making and acceptance of the payment shall constitute a waiver of all claims by the OWNER, other than those ansing from unsettled liens, from faulty work appearing after final payment or from requirements of specifications, and of all claims by the CONTRACTOR, except those previously make and still unsettled. 70-19-005 / Yakima Air Terminal Page 1-31 CITY OF YAKIMA YAKIMA AIR TERMINAL ARFF Truck Procurement, Class 4 AIP 3-53-0089-044-2019 CONTRACT FORM (CONT'D) ARTICLE 6: THE CONTRACT DOCUMENTS: The Invitation for Bid, Information for Bidders, Bid Proposal, and Technical Specifications, together with this Agreement, form the Contract, and they are as fully a part thereof and hereof as if hereto attached or herein repeated. ARTICLE 7: FEDERAL CONTRACT CLAUSES: The CONTRACTOR agrees by signing this contract, to certify and comply with all Federal regulations, clauses and certifications stipulated within these contract documents. 49 CFR Part 26 provides that each contract the OWNER enters into with a CONTRACTOR (and each subcontract the contractor signs with a subcontractor) shall include the following assurance. "The CONTRACTOR and its subcontractors shall not discnmmate on the basis of race color, national ongin, or sex in the performance of this contract. The CONTRACTOR shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of Depailinent of Transportation (DOT) assisted contracts. Failure by the CONTRACTOR to carry out these requirements is a matenal breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropnate" IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above wntten. CONTRACTOR Robert W. Schulz, II - enior Director of Finance Oshkosh Airport Products, LLC CITY CONTRACT NO: RESOLUTION NO: %lO17 _ov 70-19-005 / Yakima Air Terminal Page 1-32 1 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEM ENT Item No. 6.J. For Meeting of: October 15, 2019 ITEM TITLE: Resolution authorizing the execution of an agreement with Oshkosh Airport Products, LLC., to provide required Aircraft Rescue and Fire Fighting Equipment for the Yakima Air Terminal -McAllister Field SUBMITTED BY: Robert K. Peterson, Airport Director, 509-575-6149 SUMMARY EXPLANATION: The Yakima Air Terminal -McAllister Field, in conjunction with the Federal Aviation Administration (FAA), have identified the need to replace the airport's primary Aircraft Rescue and Fire Fighting apparatus in order to meet Federal safety standards. On August 19, 2019, the airport publicly advertised the need for such equipment and received three bids from contractors. Upon careful review of all bids, it was recommended the City enter into an agreement with Oshkosh Airport Products, LLC in the amount of $760,898.11 to construct and deliver the required fire apparatus. Ninety percent of the funding for this project is provided by the FAA in the form of a grant and the remaining ten percent through the airport's Passenger Facility Charge program. This acquisition will not impact the City's 2020 general fund or reserves. ITEM BUDGETED: STRATEGIC PRIORITY: APPROVED FOR SUBMITTAL: Yes Public Safety Interim City Manager STAFF RECOMMENDATION: Adopt Resolution. BOARD/COMMITTEE RECOMMENDATION: 2 ATTACHMENTS: Description Upload Date D Resolution 101712019 D Blank Agreement 942019 D FAA Recommendahen toAvvard gizzoie D FAA Buy American Concurrence 41212019 D Signed Bid Tab 101412019 Type Geer Memo antral Backup Material Backup Material Backup Material