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HomeMy WebLinkAbout2002-152 Contract - Pierce ManufacturingSEP-30-02 MON 11:58 AM HUGHES FIRE EQUIPMENT FAX NO. 15417470073 P. 02 CITY O ASHLAND CONTRACT FOR URCH SE OF EQUIPMENT Contract made this ?_day of ("City") and Pierce Manuackuring?' 2002, between the City of Ashland In ("Contractor"). City and Contractor agree: Contract Documents: This contract is made as a result of an Invitation to Bid is by City entitled "INVITATION TO BID" " for an aXa WiuD?Np uRS sued ENGINE L. Bid No. k103.2p02, Contractor was awarded the bid as he lowest aresPonsible bidder one - , In the event of any inconsistencies in the terms o tract, the contract documents defined in the invitation to bid and Contractor's f this eon_ bid contract shall take precedence over the contract documents which shall take , this precedence over the bid. 2, Scgpe: Contractor shall produce and deliver the equipment described in the co documents within the time prescribed in the contract documents. The ntract exceptions, alterations or modifications to the contract documents are inco porated into this contract: 3, Price and P.?yq ent: City shall pay Contractor the sum equipment of $ 22-a-=353 tau for the CONTRA OR BY I . c-c.J) s Title: BY `.,,?,/'?, Title: CITY OF ASHLAND BY Lee Tunebe Finance Director BY RE4artDement D AS Tp CONTENT: (.,.?? Head Date ?---n Coding r? Purchase Order_ h (for city use only) Page 1 of I - Contract for Equipment 09/30/02 MON 12:37 [TX/RX NO 58461 PERFORMANCE AND PAYMENT BOND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford, Connecticut 06156 Bond Number 103871853 KNOW ALL MEN BY THESE PRESENTS, THAT, Pierce Manufacturing Inc. 2600 American Drive, PO Box 2017 Appleton, WI 54913-2017 (hereinafter called Principal), as Principal, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Connecticut with its principal office in the City of Hartford, Connecticut, (hereinafter called Surety), as Surety, are held and firmly bound unto City of Ashland 90 N. Mountain Ave. Ashland, OR 97520 (hereinafter called the Owner), and to all persons who furnish labor or material directly to the Principal for use in the prosecution of the work hereinafter named, in the just and full sum of Two Hundred Thirty Five Thousand Three Hundred Fifty Three Dollars and 00/100 Dollars ($ 235,353.00 to the payment of which sum, well and truly to be made, the said Principal and Surety bind themselves, and their respective heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 30th day of September , 2002 for One (1) Pierce Commercial Hawk Pumper which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall fully indemnify the Owner from and against any failure on his/her part faithfully to perform the obligations imposed upon him/her under the terms of said contract free and clear of all liens arising out of claims for labor and material entering into the work, and if the said Principal shall pay all persons who shall have furnished labor or material directly to the Principal for use in the prosecution of the aforesaid work, each of which said persons shall have a direct right of action on this instrument in his/her own name and for his/her own benefit, subject, however, to the Owner's priority, then this obligation to be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that no action, suit or proceeding shall be had or maintained against the Surety on this instrument unless the same be brought or instituted and process served upon the Surety within two years after completion of the work mentioned in said contract, whether such work be completed by the Principal, Surety or Owner; but if there is any maintenance period provided in the contract for which said surety is liable, an action for maintenance may be brought within two years from the expiration of the maintenance period, but not afterwards. . IN WITNESS WHEREOF the said Principal and Surety have signed and sealed this instrument this 3 C &i) i day of ?S r 2002 Pierce Man urin I By. (SEAL) 3 itn rss Principal TRAVELERS CASUALTY AND SU TY COMPANY OF AMERICA By le,92 ,, , A (SEAL) Witness Toni inke A rney-In-Fact Surety TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Richard J. DeVries, Toni Schinke, Stacey L. Ryan, Timothy R. Nickels, of Appleton, Wisconsin, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. 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GdO.U'dVH dO 1klMOD P303IJvH ' SS { ifloiloaNNOD Jo HIVLS 'ZOOZ gojLw 30 Sup gIS sill; poxrjUe olaiaq oq of siuos alujodjoo jiagl puu Iuapisaad aa!A.roiuas iiagl iq pou.?is aq of luauuulsur sigl pasnuo anug ANVd[Noj A.L'IVfISVI3 NO.LONIIVRIV3 PUe ANVdwoj AlaullS QNV A.L'IVfISVj S2I5['IaAV2I.L `VJIHHWV 30 ANVd]NOJ AZaHIIS QNV A.L'IVfISVJ S'Ha'I3AVHJL `aOaHaHM SSd I M NI BID BOND CTRAVELERS CASUALTY OMPANY OF AMERICA D SURETY Hartford, Connecticut 06156 KNOW ALL MEN BY THESE PRESENTS, that we, PIERCE MANUFACTURING INC., 2600 American Drive, Appleton, WI 54913 as Principal, hereinafter called the Principal, and Travelers Casualty and Surety Company of America, a corporation duly organized under the laws of the State of Connecticut, as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF ASHLAND, OR as Obligee, hereinafter called the Obligee, in the SUM of TEN PERCENT OF TOTAL BID Dollars ($ 10% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for ONE (1) PIERCE (TM) 4 X 4 WILDLAND NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be oecified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract, including the attached Pierce warranty, and for the prompt payment of labor and material furnished in the prosecution thereof, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 24TH day of SEPTEMBER , 2002. Witness Witness 200 PIERCE MANUFACTURING INC. By A,, - --(SEAL) Timothy W. Asu hector-Fir nce Principal TRAVE UALTY D SURETY PANY OF E A r By 4 (SEAL) Ri rd J. DeVries, A o ey-In-Fact Surety TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Richard J. DeVries, Toni Schinke, Stacey L. Ryan, Timothy R. Nickels, of Appleton, Wisconsin, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, .recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is , writing and a copy thereof is filed in the office of the Secretary. DOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. 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NCO 0 2 8 6[ r 'aHromf idN g i'tkfQ31d1+H s ? W n ,`C ??<ybOd'a? ?O 67s ? ??a... ytS-. P 3bRS 6N Y?SYO ONY A11J ummuMN`r? , CMOJl)IVH 30 A. MOO PiORMH 'SS { JnDllDalgNOD 30 HMS I OOZ ?Inf 3O SUP 14161 sigl pavjju olwaq aq of siuas olsiod.Ioo haul pus luapisa.zd aalA .IOIuaS ziagl riq pouOis oq of luouinzlsui sigl posnuD oAEI ANVdWOO A.L'IVIISVO NO.LONIIARIV3 Pur ANVdIAIOO A,LHufIS (INV A.L'IVIISVII S'da'IgAVHL `VOIH HWV 30 ANV&WOO )L1.aIfIS QNV AZ IVfISVO Sua mAV?IZ `30aHaHM SS3N LIM Ni ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID DATE(MMIDD/YY) SHTRK 09/26/02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Hays Companies of WI ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1200 N. Mayfair Road HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Suite 250 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Milwaukee WI 53226 Phone:414-443-0000 Fax:414-259-8448 INSURERS AFFORDING COVERAGE INSURED INSURERA: Scottsdale Insurance Company INSURERS: Gulf Underwriters Insurance Co Pierce Manufacturing Inc. INSURER C: Lumbermans Mutual Casualty P O Box 2017 WI 54913-2017 A l t INSURER D: American Protection Ins. Co. pp on e INSURER E: Lexington Insurance Co. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDD/YY POLICY EXPIRATION DATE MMlDD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 A COMMERCIAL GENERAL LI.ABILITY RBS0000128 04/01/02 04/01/03 FIREDAMAGE(Anyonefire) $250,000 CLAIMS MADE I X U OCCUR MED EXP (Any one person) $ PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $5,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG s2,000,000 `7 POLICY PRO LOC JECT AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT 1 000 000 C X ANYAUro F5DO0660402 10/01/02 10/01/03 (Ea accident) $ , , ALL OWNED AUTOS F5DO0660802 (TX) 10/01/02 10/01/03 BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE (Pe. accident) $ GA RAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $5,000,000 B X OCCUR C CLAIMS MADE GU2858408 04/01/02 04/01/03 AGGREGATE $ 5,000,000 $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND X TORY LIMITS yER D EMPLOYERS' LIABILITY 5BR08515400 10/01/02 10/01/03 E.L. EACH ACCIDENT $1,000,000 5BROB515500 10/01/02 10/01/03 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 OTHER E Excess Liability 0584786 04/01/02 04/01/03 ea. occ. $20,000,000 aggregate $20,000,000 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS SUBJECT TO BID ACCEPTANCE, THE CERTIFICATE HOLDER WILL BE INCLUDED AS AN ADDITIONAL INSURED FOR GENERAL AND AUTO LIABILITY AS RESPECTS THE BID FOR: ONE (1) PIERCE(TM) 4 x 4 WILDLAND. BID OPENS 9/24/02 CERTIFICATE HOLDER I N I ADDITIONAL INSURED: INSURER LETTER: CANCELLATION ASHLAN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City of Ashland IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 90 North Mountain Drive Ashland OR 97520 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE - Daniel J. Sa iro'? ACORD 25-S (7197) ©ACORD CORPORATION 1988 PIERCE MANUFACTURING INC. AN OSHKO5 ? , TRUCK CORPORATION COMPANY • 150 9001 CERTIFIED 2600 AMERICAN DRIVE POST OFFICE BOX 2017 APPLETON, WISCONSIN 549 1 3-2 0 1 7 920-832-3000 • FAX 920-832-3208 October 17, 2002 Ms Carl Olson CITY OF ASHLAND 90 N Mountain Ashland OR 97520 Subject: New Fire Apparatus Dear Ms Olson: We acknowledge, with thanks, your Purchase Order #03645 covering ONE (1) PIERCE COMMERCIAL HAWK PUMPER, our Shop Order Number 14201TR. Enclosed please find a 100% Performance Bond in the amount of $235,353.00 per your request. The opportunity to place this PIERCE apparatus in your fire department is greatly appreciated and we are certain it will fulfill your every requirement. Pierce Mfg. Inc. and your authorized Pierce Representative, Hughes Fire Equipment, acknowledge with thanks, your purchase. Yours very truly, PIERCE MANUFACTURING INC. /effResch VP Sales Midwest/West Regions JR/alv Enclosure c Hughes Fire Equipment Ashland Fire & Rescue 455 SISKIYOU BOULEVARD ASHLAND, OREGON 97520 (541) 482-2770 September 30, 2002 To: Kari Olson From: Keith Woodley Re; Award of Bid #103-2002 FAX (541) 488-5318 Kari, we would like to proceed with the award process of Bid #103-2002. Pierce Manufacturing, Inc c/o Hughes Fire Equipment Inc. is our choice with a bid price of $239,908.00. We will take two optional deductions, which Pierce has proposed and listed under "possible deductions" in their bid document. 1. Pay for chassis 90 days prior to delivery 2. Remove Hannay Electrical cord reel Deduct $2,025.00 Deduct $2,530.00 Total Deductions $4,555.00 These deductions reflect a new purchase price of $235,353.00 for the proposed 4X4 Wildland Urban Interface Type III Engine. Thank you for your help thus far in this process. Keith F ASHF,., CITY OF ASHLAND 20 E MAIN ST. ASHLAND, OR 97520 aREGO?` (541) 488-5300 VENDOR: 004942 PIERCE MANUFACTURING INC 2600 AMERICAN DRIVE PO BOX 2017 APPLETON, WI 54912-2017 FOB Point: Terms: Net Req. Del. Date: Special Inst: CITY RECORDER'S COPY Page 1 / 1 DATE PO NUMBER 09/30/2002 03645 SHIP To: Ashland Fire Department (541) 482-2770 455 SISKIYOU BLVD ASHLAND, OR 97520 Req. No.: Dept.: FIRE & RESCUE Contact: Keith Woodley Confirming? No Quantity Unit Description Unit Price Ext. Price' 1.00 Each 4x4 Urban Interface Type III Enqine, 235,353.00 235,353.00 Bid 103-2002, Total Bid $239,908.00, less (2) deductions: Pay for chassis 90 days prior to delivery - $2,025,00, Remove Hannay Electrical cord reel - $2,530.00. Availability: To be I delivered by May 1, 2003 SUBTOTAL 235 353.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 235,353.00 ASHLAND, OR 97520 Account Number'' Amount Account'Number Am umt I E 110.07.12.00.703000 1 235,353.00 1 1 63e C A rized Signature VENDOR COPY