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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. .qFr.T101\1 9 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 Page 1 - 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 -Page 2 - 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 W'51 " i, /_ ' Title: Dk*✓cclrr •F sY 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: - Page 3 -