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
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INTRODUCED August 8, 2005
BY Michael Occhiato
Councilperson
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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
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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.
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Attest:
city
Balance of Appropri ation Exis and
Funds re Availab
Director of Finance
Approved as to form:
City Attorn
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