HomeMy WebLinkAbout01/05/2016 06K Patch Truck Thermo-Lay Bed Replacement and Repair 0100; 0
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 6.K.
For Meeting of: January 5, 2016
ITEM TITLE: Resolution declaring emergency and ratifying execution of all
applicable documents by the City Manager for the replacement and
repair of the Thermo -Lay bed of the Streets Division's patch truck
SUBMITTED BY: Scott Schafer, Director of Public Works
Richard Wormer, Fleet and Facilities Manager, 509 -576 -6412
SUMMARY EXPLANATION:
The Streets Division's patch truck is leaking due to cracks in the tank metal and needing replacement of the
Thermo -Lay bed. Northwest Manufacturing and Distribution is the original designer, manufacturer, and
supplier of the patch truck and, therefore, the only vendor authorized to work on their exclusive Thermo -Lay
bed. Their unique knowledge and expertise will complete this repair the most economically. It is in the best
interest of the City to declare an emergency, waive the formal bid process, and authorize the execution of all
necessary documents to replace the Thermo-Lay bed.
Resolution: X Ordinance:
Other (Specify):
Contract: Contract Term:
Start Date: End Date:
Item Budgeted: No Amount: $ 50,313.00
Funding Source/Fiscal Impact: Streets Division Roadway
Repair and Maintenance Contractors Fund
Strategic Priority: Public Safety
Insurance Required? Yes
Mail to: Richard Wonner
Phone: 509 -576 -6412
APPROVED FOR
SUBMITTAL: City Manager
RECOMMENDATION:
Staff respectfully requests Council to adopt the resolution.
ATTACHMENTS:
Description Upload Date Type
IResollution decaring emergency and ratifyling the
12/16/2015 IResollution
repllacement and rev* cf Streets IDNislionl'slpatch truck
Emergency Purchase order and additional klf'ormation
12/15[2015 IBackup Materliall
for repllacement of bed on Street's IDIMslion patch truck
RESOLUTION NO. R -2016-
A RESOLUTION declaring emergency and ratifying execution of all applicable documents by
the City Manager for the replacement and repair of the Thermo -Lay bed
only of the Streets Division's patch truck.
WHEREAS, Article VI, section 6 of the City of Yakima Charter and the Yakima Municipal
Code Chapter 1.80 provide that the City Council may declare an emergency dispensing with the
necessity for bidding for services, material, and equipment and supplies costing more than
$25,000; and
WHEREAS, the Thermo -Lay bed is leaking due to cracks in the tank metal; and
WHEREAS, the patch truck Thermo -Lay bed must be replaced, and
WHEREAS, Northwest Manufacturing and Distribution is the original designer,
manufacturer, and supplier of the patch truck and therefore the only vendor authorized to work
on their exclusive Thermo -Lay bed; and
WHEREAS, Northwest Manufacturing and Distribution has the unique knowledge and
expertise to complete this repair the most economically; and
WHEREAS, the City Council finds that it is in the best interest of the City to declare an
emergency and authorize the execution of all necessary documents to replace the Thermo -Lay
bed only of the Streets Division's patch truck; now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
An emergency is hereby declared and the City Manager's execution of all necessary and
appropriate documents to accomplish the replacement and repair of the Streets Division's
patch truck's Thermo -Lay bed and associated parts without calling for bids, is hereby ratified
and approved.
ADOPTED BY THE CITY COUNCIL this 5 day of January, 2016.
ATTEST: Mayor
Sonya Claar Tee, City Clerk
#1511 E
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Emergency Purchase Order Justification
Requestor Name: Your DepartmentlDivision:
Richard Wonner 1 Public Works / Equipment Rental
Requestor Phone: Requisition (PR) Number.
576 - 6412 PR 12766
Requested Vendor Cost Estimate (incl. TAX):
Northwest Manufacturing and Distributbn $50,313
Vendor's Address: Vendor E - Mail :
2050 Main Street, Billings, MT 59105
Vendor Contact Name: Vendor Phone:
Wayne king 406 - 259 - 9525
1. What is the emergency situation? Describe damages or loss of property or essential services that
are /may be a result of this emergency. (Attach extra sheet if necessary.)
Patch truck Thermo -Lay bed is fractured and must be replaced. mot' i 101 thfa t e
r w n + - Hie,
2. What labor and/or materials are required? Attach a copy of your quote or estimate_
Labor and material to remove and replace Thermo -Lay bed.
3. Did vendor quote prevailing wages, if applicable (e_g_ repairs, construction, maintenance)?
Yes ❑ No 0 11/141
4. Was vendor informed of the Intent and Affidavit filing requirements with L&I?
Yes No 51 ifi.
5. Does vendor have a current certificate of insurance on file with the City? Check ICE:
Ulf i"igi la /h!Ptiu n,f „ cclIti� tr:i
Yes No ILI
6. Are Federal Funds Being Used? Yes No
STATEMENT OF NEED:
fly division's recommendation for an emergency purchase order end waiver of the quote or bid requirements is based upon
an objective review of the emergency situation and appears to be in the best interest of the City.
I understarid that if this purchase is over $24,999, or if any change orders to this purchase increase the amount to $25,000
or over, thew division mist initiate and prepare necessary information (Resolution) to advise City Council that there has
been an emergreY uiti fang immediate action.
1.
Signatureyof Department a , Dat -
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Recomm ndation of Aptiroval by Purchasing Manager Dat -
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Approve by City Manager Date
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December 11, 2015
Your Quote for repairing City of Yakima unit is as follows:
Your Thermo -Lay unit we received with a new Thermo lay bed only, with 110 gallons of Heat Transfer
Oil and using all of your accessories, auger, lift, doors and your existing hydraulic system, including
electric wiring and electric panel is $42,000.00.
Remove ail parts and re- install is $4,500.00. Any parts not usable, but repairable will be test of parts
and labor.
The basic bed will have a one year warranty.
Sincerely,
Wayne M. King
Pr !dent, Northwest Paan chiding & Distribution, Inc.
t
2050 Main Street — Billings, Montana 59105 P.Q. Box 51000 -- Billings, Montana 59105
Phone 406- 259 -9525 Fax 406- 245 -7222 www.thertno- lay.com
Home Page Page 1 of 4
Northwest Manufacturing & Distribution Inc.
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Manufacturer of:
the World Famous
Thermo -Lay `" ®
Hot Asphalt and Sanding Machine
BEFORE YOU PURCHASE YOUR ASPHALT PATCHING MACHINE
- "CLICK HERE"
Exclusive features found only on the Thermo -Lav:
Features literature -- Adobe PDF format file:
Got Safety and Visibility?
http: / /www.thermo- lay.com/ 12/15/2015
PURCHASE ORDER PURCHASE ORDER NUMBER MUST APPEAR ON ALL PACKAGES,
L PACKING SLIPS, INVOICES AND CORRESPONDENCE
1
LEE 11111010 // o
'" p PO Number 15 05608
PO Date: 12/15/15
City of Yakima
129 North 2nd Street Required By: 01/29/16
Yakima, WA 98901
(509) 575 -6093 Page: 1 of 1
Vendor: Northwest Mfg & Distribution Ship To: city of Yakima, Public works
09083 Po Box 51000 Equipment Rental
2301 Fruitvale Blvd
Billings MT 59105 -1000 Yakima WA 98902
Phone: Payment Terms: NET 30
Fax: Ship Via: Manufacturers choice
Email: F.O.B.: Destination
LINE DESCRIPTION QTY UNIT UNIT PRICE TOTAL
REMOVE AND REPLACE THERMO -LAY BED
EMERGENCY PO# 1511E
1 REMOVE AND REPLACE THERMO -LAY BED ONLY 1 EA 46500.00000 46500.00
PER QUOTE DATED
12/11/2015
46500.00
8.20 % 3813.00
PO Total 50313 .00
Bill To: Accounts Payable
129N 2nd St.
Yakima WA, 98901
This P.O. is governed by the terms and conditions supplied at the end of this document.
Any exceptions shall be brought to Purchasing's attention within 48 hours.
City of Yaklma/Yakima County
Purchase Order (PO) Terms and Conditions
1. CHANGES: No alteration In any of the terms, conditions, delivery, price, quality, quantities, or specifications of this order
will be effective without written consent of the City/County.
2. ADD -ON: By mutual agreement, the quantity of items purchased may be increased within 12 months of the date of award,
provided the original purchase price, terms, conditions, and specifications remain the same.
3. HANDLING: No charges will be allowed for handling which includes, but is not limited to, packing wrapping. bags, containers, or
reels, unless otherwise stated herein.
4. DELIVERY: For any exception to the delivery date as specified on this order, Vendor shall give prior notification and obtain written
approval thereto from the City/County. With respect to delivery under this order, time is of the essence, and the order is subject to
termination for failure to deliver as specified. The acceptance by the Purchaser of late performance with or without objection or
reservation shall not waive this right to claim damage for such breach nor constitute a waiver of the requirement for the timely
performance of any obligation remaining to be performed by Vendor.
5. MSDS: Material Safety Data Sheets to be included with shipments of any material requiring this documentation, per OSHA and
WSHA regulations.
6. PAYMENT TERMS: Unless otherwise negotiated, the terms of payment shall be net 30 days from receipt of a proper invoice. PO
numbers must be noted on all invoices.
7. COMPLIANCE WITH APPLICABLE LAWS: Vendor shall comply with all applicable federal, state, local laws and regulations.
8. LICENSES: If applicable, successful vendor shall have a valid and current business license per Chapter 5.02 Section 5.02.010 of
the Yakima Municipal Code covering this type of business and shall satisfy all applicable City Code provisions. Said license shall be
obtained prior to the award of any POkontract. Inquiries as to fees, etc., should be made to the Office of Code Administration,
telephone (509) 575 -6121.
9. PAYMENTS AND ASSIGNMENTS: Invoices will not be processed for payment until items invoiced are received. All payments to
Vendor shall be remitted by mail, unless other arrangements have previously been made. Furthermore, the provisions of monies due
under this contract shall only be assignable with prior written consent of the City /County.
10. SHIPPING INSTRUCTIONS: Unless otherwise specified, all goods are to be shipped prepaid, FOB Destination. Where shipping
addresses indicate room numbers and /or inside delivery, it will be up to the Vendor to make delivery to that location at no additional
charge. Where specific authorization is granted to ship goods to FOB shipping point, Vendor agrees to prepay all shipping charges and
route as instructed. It is also agreed that the Purchaser reserves the right to refuse COD shipments.
11. REJECTION: All goods or materials purchased herein are subject to approval by the Purchaser. Any rejection of goods or
materials resulting because of nonconformity to the terms and specifications of this order, whether held by the Purchaser or returned
will be at Vendor's risk and expense.
12. IDENTIFICATION: All invoices, packing lists, packages, shipping notices, and other written documents affecting this order shall
contain the applicable PO number. Packing lists shall be enclosed in each and every box or package shipped pursuant to this order,
indicating the contents therein.
13. INFRINGEMENTS: Vendor agrees to protect and save harmless, the Purchaser against all claims, suits, or proceedings for patent,
trademark, copyright, or franchise infringement arising from the purchases, installation, or use of goods and materials ordered and to
assume all expenses and damages arising from such claims, suits, or proceedings,
14. WARRANTIES: Vendor represents and warrants that the goods are new, current, and fully warranted by the manufacturer.
Delivered goods will comply with specifications and be free from defects in labor, material and manufacture. All UCC implied and
expressed warranties are incorporated in this PO. Vendor shall transfer all warranties to the City/County.
15. CASH DISCOUNT: In the event that the Purchaser is entitled to a cash discount the period of computations will commence on the
date of delivery or receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is necessary due to
damage, the cash discount period shall commence on the date final approval for payment is authorized. If a discount is made part of
the contract but the invoice does not reflect the existence of a cash discount, Purchaser is entitled to a cash discount with the period
commencing on the date it is determined by Purchaser that a cash discount applies.
16. TAXES: Unless otherwise indicated, the Purchaser agrees to pay all State of Washington sales or use tax. No charge by Vendor
shall be made for Federal excise taxes, and the Purchaser agrees to furnish Vendor, upon acceptance of articles supples under this
order, with an exemption certificate.
17. LEINS, CLAIMS. AND ENCUMBRANCS: Vendor warrants and represents that all the goods and materials ordered herein are free
and clear of all liens, claims, or encumbrances of any kind.
18. RISK OF LOSS: Regardless of FOB Point, Vendor agrees to bear all risks of loss, injury, or destruction of goods and materials
ordered herein which occur prior to delivery. Such loss, injury, or destruction shall not release Vendor from any obligation hereunder.
19. HOLD HARMLESS: Vendor shall indemnify, defend and hold harmless the City /County and its agencies, their divisions, officers,
employees, and agents, from all claims, suits or actions of any nature arising out of or related to the activities of Vendor, its officers,
subcontractors, agents or employees under this PO /contract.
20. FORCE MAJEURE: Vendor will not be responsible for delays in delivery due to acts of God, fire, strikes, epidemics, war, riot, delay
in transportation or railcar transport shortages, provided vendor notifies the Purchasing Manager immediately in writing of such pending
or actual delay. Normally, in the event or any such delays (acts or God, etc.) the date of delivery will be extended for a period equal to
the time lost due to the reason for delay.
21. TERMINATION: (i) The parties may terminate this PO by mutual agreement. (ii)The City /County may terminate this PO at any time
with written notice to Vendor. Upon receipt of the written notice, Vendor shall stop performance, and City /County shall pay Vendor for
goods delivered and accepted. (iii) The City /County may terminate this PO at any time if Agency fails to receive funding,
appropriations, or other expenditure authority. (iv) If Vendor breaches any PO provision or is declared insolvent, the City /County may
terminate this PO for cause with written notice to Vendor, and Vendor shall be liable for all incidental and consequential damages
resulting from its breach, including all damages as provided in the UCC.
Terms and Conditions - Page 1 of 2
22. PUBLIC DISCLOSURE: PO and all contents and attachments shall be deemed a public record as defined in RCN 42.56 "Public
Records."
23. NONDISCRIMINATION: During the performance of this contract. the Vendor agrees as follows:
The Vendor shall not discriminate against any person on the grounds of race, creed, color, religion, national origin, sex, age, marital
status, sexual orientation, pregnancy, veteran's status, political affiliation or belief, or the presence of any sensory, mental or physical
handicap in violation of the Washington State Law Against Discrimination (RCW chapter 49.60) or the Americans with Disabilities Act
(42 USC 12101 et seq.). In the event of the Vendor's noncompliance with the non - discrimination clause of this contract or with any
such rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the Vendor may be
declared ineligible for any future City /County contracts.
24. ANTI - TRUST: Vendor and the Purchaser recognize that in actual economic practice, overcharges resulting from anti-trust
violations are in fact borne by the Purchaser, therefore, Vendor hereby assigns to the Purchaser any and all claims for such
overcharges.
25. DEFAULT: The Vendor covenants and agrees that in the event suit is instituted by the Purchaser for any default on the part of the
Vendor and the Vendor is adjudged by a court of competent jurisdiction to be in default, he shall pay to the Purchaser all costs,
expenses expended or incurred by the Purchaser in connection therewith, and reasonable attorneys' fees.
26. SEVERABILITY: If a court of competent jurisdiction declares any provision of the PO to be invalid, the other provisions and the
rights and obligations of the parties remain in effect.
27. ACCEPTANCE: This order expressly limits acceptance to the terms and conditions stated herein. All additional or different terms
proposed by Vendor are objected to and hereby rejected, unless otherwise provided in writing by the City /County.
28. INSURANCE: For all public work and improvement projects, including maintenance projects, and upon request by the ordering
department, the following insurance requirements apply:
Indemnity /Contractor's Liability Insurance.
(A) The Service Provider agrees to indemnify and save harmless the City/County, its officers, agents and employees against and
from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of
any person or persons, or damages to property arising out of, result from or occurring in connection with the performance or any
service hereunder.
(B) The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and
property.
(C) Contractors Liability Insurance: The contractor shall obtain and maintain in full force and effect during the term of the contract,
commercial general liability coverage with insurance carriers admitted to do business in the State of Washington. The insurance
companies must carry a Best's Rating of A- VII or better. At all times during the life of this contract, Contractor agrees to maintain, on a
primary and non - contributory basis and at its sole expense, the insurance coverage, limits, and endorsements noted below. All such
insurance shall not be subject to any deductible or self - insured retention (SIR). There shall be no cancellation, material change,
reduction in limits or intent not to renew the insurance coverage(s) without 30 days written notice from the contractor or its insurer(s) to
City of Yakima/Yakima County. The requirements contained herein, as well as City of Yakima/Yakima County's review or acceptance
of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations
assumed by Contractor under this contract. The policies will be written on an occurrence basis, subject to the following minimum limits
of liability:
Commercial General Liability: Combined Single Limit $1,000,000 Per Occurrence $2,000,000 Annual Aggregate. Auto Liability.
Combined Single Limit $1,000,000 Per Occurrence. The City of Yakirna/Yakima County, its agents, employees, authorized volunteers;
elected and appointed officials are included as Primary/Non- Contributory additional insureds, If Contractor carries higher coverage
limits, such limits shall be shown on the Certificate of Insurance and Endorsements and City of Yakima/Yakima County shall be named
as an additional insured for such higher limits. The Contractors' insurance coverage shall be primary insurance with respect to those
who are Additional Insureds under this agreement. Any insurance, self - insurance or insurance pool coverage maintained by the
City /County shall be in excess of the Contractor's insurance and shall not contribute to it. The contractor will provide a Certificate of
Insurance to the City /County as evidence of coverage. A copy of the additional insured endorsement attached to the policy will be
included with the certificate. This Certificate of insurance shall be provided to the Purchasing Manager, prior to commencement of this
work. If at any time during the life of the contract or any extension, the contractor fails to maintain the required insurance in full force
and effect, all work under the contract shall be discontinued immediately. Any failure to maintain the required insurance may be
sufficient cause for the City /County to terminate the contract. The contractor shall also maintain workers compensation through the
State of Washington.
(D) Contractor's Waiver of Employer's Immunity under Title 51 RCW. Contractor intends that its indemnification, defense, and
hold harmless obligations set forth above in section A. shall operate with full effect regardless of any provision to the contrary in Title 51
RCW, Washington's Industrial Insurance Act. Accordingly, to the extent necessary to fully satisfy the Contractor's indemnification,
defense, and hold harmless obligations set forth above in section A, Contractor specifically waives any immunity granted under Title 51
RCW, and specifically assumes all potential liability for actions brought by employees of the Contractor against the City /County and its
officers, employees, agents, and volunteers. The parties have mutually negotiated this waiver. Contractor shall similarly require that its
subcontractors, and anyone directly or indirectly employed or hired by Contractor, and anyone for whose acts Contractor may be liable
in connection with its performance of this Agreement to comply with the terms of this paragraph, waive any immunity granted under
Title 51 RCW, and assume all potential liability for actions brought their respective employees. The provisions of this section shall
survive the expiration or termination of this Agreement.
(E) Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of
liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent
negligence of the Contractor and the City /County, its officers, officials, employees, and volunteers, the Contractor's liability hereunder
shall be only to the extent of the Contractor's negligence.
City /County PO Terms and Conditions 5/2014 Terms and Conditions - Page 2 of 2