HomeMy WebLinkAbout11110RESOLUTION NO. 11110
A RESOLUTION APPROVING THE PURCHASE OF NEW FIRE DEPARTMENT TRUCKS
AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE A CONTRACT FOR 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 bid award for the purchase of new fire trucks for a purchase price not to exceed
$1,077,498.00 is hereby made to Pierce Manufacturing, Inc., subject to negotiation of a
definitive contract with the vendor and approval by City Council of lease purchase agreement
therefore.
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Upon approval of said contract as to form by the City Attorney, 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 same.
SECTION 3.
The purchase price of $1,077,498.00 for the fire trucks shall be paid through a lease purchase
agreement to be approved by City Council by separate Resolution.
INTRODUCED September 24, 2007
APPROVED: a
d1occindwr %J City Council
ATTESTED BY:
CITY CLERK
BY Randy Thurston
Councilperson
Res. IMO
r M
Background Paper for Proposed
RESOLUTION
AGENDA ITEM # (
DATE: SEPTEMBER 24, 2007
DEPARTMENT: FIRE DEPARTMENT -CHIEF CHRISTOPHER RILEY
TITLE
A RESOLUTION APPROVING THE PURCHASE OF NEW FIRE DEPARTMENT
TRUCKS AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE A
CONTRACT FOR SAME.
ISSUE
Should City Council approve the purchase of the following?
(1) 1250 GPM -4 door Fire Triple Combination Pumper ($338,947.00)
(2) Ladder Truck With Equipment ($738,551.00)
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 not exceed $1,077,498.00. 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.
Anticipated payments would be approximately $186,541.00 for a 7 -year lease,
$218,400.00 for a 6 -year lease, or $250,000.00 for a 5 -year lease. All of these
options are based on a first payment due date of January 2009.
PURCHASE AGREEMENT
THIS AGREEMENT entered this 12` day of November 2007 by and between the City of
Pueblo, a Municipal Corporation (hereinafter referred to as the "City ") and Pierce Manufacturing,
Inc. a Wisconsin Corporation (hereinafter referred to as the "Vendor ").
In consideration of the payment of the fixed purchase price for the vehicles, apparatus and
equipment as provided herein, Vendor agrees to furnish 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 Quotation and Specifications
Project No. 07 -028
Description of Vehicles, Price Delivered to
uantit Equipment and Apparatus Pueblo. Colorado
1 4- Person, 4 -Door Pierce Impel
Triple Combination Pumper $338,947.00
4 -Door 6 — Person Pierce HDL
105 ft. Heavy Duty Aerial on a
Velocity Chassis $634.551.00
TOTAL 5973.498.00
The Parties hereby agree to the following terms and conditions:
1. Except as expressly modified by written Exceptions to the Specifications submitted by
the Vendor as part of its Bid Proposal submitted to the City in response to and in accordance with the
above referenced Request for Quotation 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 hereinafter, this
instrument and the Specifications shall control.
2. The vehicles, equipment and apparatus furnished hereinafter shall fully conform with 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
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City's Purchasing Agent, within the period between the Early Delivery Date and Deadline as set
forth below:
Item Early Delivery Date Deadline (outside Delivery Date)
Impel Pumper August 15, 2008 September 15, 2008
Velocity Aerial August 15, 2008 September 15, 2008
The delivery deadline for any item shall only be 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 the 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 as to the operation and use of the vehicles, equipment and apparatus,
in Pueblo, Colorado, and at no additional charge to City.
5. Payment to 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 December 16,
2007.
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 and 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 the rights, title and interests of the parties therein, shall not
be assigned or transferred by either party, except upon prior written consent of the other party,
provided, however, that Vendor herein provides and grants such consent to City assigning and
transferring this Purchase Agreement and its rights hereunder, or a portion thereof, to any third party
leasing or financing source with whom the 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 vehicles, equipment and apparatus contemplated hereby, and Vendor hereby
agrees to execute all documents reasonably necessary to effect such assignment.
8. This Purchase Agreement, 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
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collateral agreements, expressed 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 sigh agreements on behalf of Vendor and City. The
Performance Bond shall name City and any third party leasing or finance 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 relating to or arising from this Purchase Agreement, or the vehicles, equipment and apparatus
purchased hereunder, shall be in Pueblo County, Colorado. All such actions filed in the District
Court, County of Pueblo, State of Colorado, and the parties submit to the jurisdiction of that Court.
CITY OF PUEBLO, a Municipal Corporation
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Title: Dk*✓cclrr •F
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Attest:
City Clerk
Balance of Appropriation Exists and
Funds Are Available
PIERCE MANUFACTURING, INC.
By:
Name: Timothv W. Asuma
Director of Finance
Director of Finance
Approved as to form:
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