Loading...
HomeMy WebLinkAbout10474RESOLUTION NO. 10474 A RESOLUTION APPROVING THE PURCHASE OF NEW FIRE DEPARTMENT TRUCKS AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE SAME. WHEREAS, proposals for new fire trucks for use by the Fire Department have been received and examined; and a vender selected; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. A contract for the purchase of the new fire trucks for a purchase price of $635,235.00 is hereby awarded to Pierce Manufacturing, Inc. SECTION 2. The Purchasing Agent is hereby authorized to execute said contract on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the seal of the City thereto and attest the same. SECTION 3. The purchase price of $635,235.00 for the fire trucks shall be paid through a lease purchase agreement. PRES1 9 F CITY frP s INTRODUCED August 8, 2005 BY Michael Occhiato Councilperson IIUi° hL I'll-11111- Background Paper for Proposed RESOLUTION AGENDA ITEM # 20 DATE: August 8, 2005 DEPARTMENT: FIRE DEPARTMENT -GREG MILLER TITLE A RESOLUTION APPROVING THE PURCHASE OF NEW FIRE DEPARTMENT TRUCKS AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE THE SAME. ISSUE Should City Council approve the purchase of the following? (1) 1250 GPM -4 door Fire Pumper (1) Heavy Duty Rescue RECOMMENDATION Approval of Resolution. The trucks that are to be taken out of service are old, very unreliable with an extremely high maintenance cost. Replacement of this equipment will assist in maintaining our ISO grading. BACKGROUND This equipment would assist in upgrading our fleet. Proposals have been reviewed and a vender selected. FINANCIAL IMPACT The cost of this purchase will be $635,235.00. It is recommended that Pierce Manufacturing, Inc. be awarded the contract. Payment will be through a lease purchase agreement subject to the approval of City Council. If trucks are ordered before August 15, 2005 we can take advantage of a $14,000.00 savings by avoiding a price increase that will go into effect August 15, 2005. PURCHASE AGREEMENT THIS AGREEMENT made and entered this 22 day of August 2005 by and between the City of Pueblo, a Municipal Corporation (hereinafter referred to as the "City ") and Pierce Manu- facturing, Inc. a Wisconsin corporation (hereinafter referred to as "Vendor "). In consideration of the payment of the fixed purchase price for the vehicles, apparatus and equipment as provided herein, Vendor agrees to famish and deliver to City, complete in every respect, the vehicles, equipment and apparatus listed below, in accordance and fully complying with and subject to the terms, conditions and requirements set forth in this Purchase Agreement and the Request for Quotations and Specifications referenced below: Request For Quotations and Specifications Proiect No. 05 -030 Description of Vehicles, Price Delivered in uanti Eouinment and Annaratus Pueblo, Colorado 1 4- Person, 4 -Door "Saber" Fire Pumper, 1250 GPM, with Air Conditioning $301,790.00 1 4- Person, 4 -Door Heavy Duty "Saber" Recue Unit, with Air Conditioning $351.323.00 TOTAL $653,113.00 The parties hereby agree to the following terms and conditions: 1. Except as expressly modified by written Exceptions to the Specifications submitted by Vendor as part of its Bid Proposal submitted to City in response to and in accordance with the above referenced Request For Quotations and Specifications (hereinafter collectively referred to as the "Specifications "), and in any addenda issued with respect to the Specifications, the terms, conditions, covenants, requirements and other provisions set forth in the Specifications are incorporated by reference as part of this Purchase Agreement, and the vehicles, equipment and apparatus furnished hereunder shall fully comply therewith. In the event of any conflict between said Specifications and the terms of this instrument, this instrument shall control; in the event of any conflict between the Specifications and any product literature of Vendor, or any custom or usage, or standards of any trade association or group relating to the vehicles, apparatus or equipment purchased hereunder, this instrument and the Specifications shall control. 2. The vehicles, equipment and apparatus furnished hereunder shall fully conformwith all rules, regulations and standards adopted by the United States Department of Transportation (DOT) in effect on the date of this Purchase Agreement, and with the most current edition of the National Fire Protection Association Guidelines for Automotive Fire Apparatus published prior to the date of this Purchase Agreement. 3. (a) The vehicles, equipment and apparatus shall be delivered by Vendor, at Vendor's expense, to City, at such place within the City of Pueblo, Colorado as shall be designated by the City's Purchasing Agent, within the period between the Early Delivery Date and Deadline as set forth below: Item EarlyDelivery Date Deadline (outside Delivery Date) Saber Pumper May 29, 2006 June 29, 2006 Saber Rescue June 29, 2006 July 29, 2006 The delivery deadline for any item shall onlybe extended by City for delay in delivery caused by (a) unavailability of materials due to war or national emergency, (b) unavailability of transportation for the item from Appleton, Wisconsin to Pueblo, Colorado caused by strike, (c) nuclear detonation, or (d) catastrophic acts of God affecting the availability of materials or labor critical to the timely manufacture and delivery of the vehicles, equipment and apparatus. (b) Time is of the essence with respect to delivery of the vehicles, equipment and apparatus under this Purchase Agreement. (c) Risk of loss shall be upon Vendor until delivery of items in Pueblo and acceptance of same by City. Acceptance shall be made by City only if the items conform to this Purchase Agreement and the Specifications, and satisfactorily pass the Performance Test and Requirements set forth in the Specifications. 4. A competent representative of Vendor shall, upon City's request, provide necessary instruction to City's employees in the operation and use of the vehicles, equipment and apparatus, in Pueblo, Colorado, and at no additional charge to City. 5. Paymentto Vendor shall be made at the following time and in the following manner: In one lump sum payable after execution of this Purchase Agreement and prior to August 31, 2005. 6. Vendor shall pay for all royalties and licensing of patents for any patented material or product used by Vendor or incorporated into the vehicles, equipment and apparatus purchased under this Purchase Agreement. Vendor shall also indemnify, defend and hold City harmless against any and all claims that the vehicles, equipment or apparatus, or any part or portion thereof, infringe upon any patent. City shall: (a) Promptly notify Vendor of any claim for which indemnification may be sought, (b) cooperate fully in the defense of such claim, and (c) permit Vendor to settle or compromise such claim on terms and conditions which, in good faith, it determines to be appropriate. 7. This Purchase Agreement, and therights, titleand interests oftheparties therein, shall not be assigned or transferred by either parry, except upon prior written consent of the other party; provided, however, that Vendor herein provides and grants such consent to City assigning and -2- transferring this Purchase Agreement and its rights hereunder, or a portion thereof, to anythird party leasing or financing source with whom City agrees, on City's behalf, to provide payment to Vendor of amounts owed or to be owed by City to Vendor hereunder, or otherwise relating to City's leasing or financing of the vehicles, equipment and apparatus contemplated hereby, and Vendor hereby agrees to execute all documents reasonably necessary to effect such assignment. 8. This PurchascAgreement, including the Specifications incorporated by reference, and including the Performance Bond to be furnished by Vendor and warranties required by the foregoing, constitute the entire agreement between the parties, and there are no representations, conditions, or collateral agreements, express or implied, with respect to this Purchase Agreement other than as contained herein, and this Agreement shall supersede all previous communications, representations or agreements, either written or oral, between the parties to this Purchase Agreement. This Purchase Agreement may not be modified or changed in any way except by written agreement signed by the persons authorized to sign agreements on behalf of Vendor and City. The Performance Bond shall name the City and any third party leasing of financing source selected by City as joint - obligees. 9. This Purchase Agreement shall be governed by the laws of the State of Colorado and shall be construed in accordance therewith. The parties agree that venue for all actions or causes of action relatingto or arising from this Purchase Agreement, or the vehicles, equipment and apparatus purchased hereunder, shall be in Pueblo County, Colorado. All such actions shall be filed in the District Court, County of Pueblo, State ofColorado, and the parties submit to the jurisdiction of that Court. CITYA PUEBLO, a Municipal Corporatigr PIERCE MANUFACTUR G, INC. Lo Attest: city Balance of Appropri ation Exis and Funds re Availab Director of Finance Approved as to form: City Attorn / N / -3-