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HomeMy WebLinkAbout12038RESOLUTION NO. 12038 A RESOLUTION APPROVING THE PURCHASE OF TWO TRIPLE COMBINATION FIRE PUMPER TRUCKS AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE A PURCHASE AGREEMENT FOR SAME WHEREAS, proposals for two (2) new Triple Combination Fire Pumpers have been solicited, received, evaluated and a proposal selected; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. A bid award for the purchase of two (2) new 4-Person, 4-Door Cab and Chassis Triple Combination Fire Pumpers (the "Trucks"), for a purchase price not to exceed $727,006.18, is hereby made to The Sutphen Corporation, an Ohio Corporation, subject to (a) negotiation of a definitive Purchase Agreement therefore in substantially the form attached hereto ("Purchase Agreement"), and (b) approval of a lease purchase agreement for one of said Trucks. SECTION 2. Upon approval of a final Purchase Agreement as to form by the City Attorney, the Purchasing Agent is hereby authorized to execute said Purchase Agreement for and 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 $363,503.09 for one of the Trucks shall be paid from Account No. CD1016, and the purchase price of $363,503.09 for the other Truck shall be paid pursuant to a lease-purchase agreement to be approved by City Council by separate Resolution, which lease-purchase agreement may, but is not required to, provide for advance payment of the first lease payment which is authorized to be paid from Account No. CD1016. INTRODUCED: December 27, 2010 BY: Judy Weaver COUNCILPERSON Background Paper for Proposed RESOLUTION DATE: AGENDA ITEM # M-1 December 27, 2010 DEPARTMENT: Purchasing Department Naomi C. Hedden, Director Finance Department Sam Azad, Director Law Department Thomas J. Florczak, City Attorney TITLE A RESOLUTION APPROVING THE PURCHASE OF TWO TRIPLE COMBINATION FIRE PUMPER TRUCKS AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE A PURCHASE AGREEMENT FOR SAME ISSUE Should City Council approve the purchase of two new Fire Trucks? RECOMMENDATION Approval of the resolution. BACKGROUND This Resolution would approve the purchase of two new 4-Person, 4-Door Cab & Chassis Triple Combination Fire Pumper trucks from The Sutphen Corporation. A request for proposals was issued for these new trucks and the best proposal was submitted on behalf of The Sutphen Corporation, a respected manufacturer of fire trucks. The Resolution would approve the outright purchase of one of the trucks using a portion of $470,383 of reprogrammed prior year CDBG funds. Required equipment for the trucks, such as fire hoses, nozzles and valves would also be paid from the CDBG funds. The second truck would be leased for seven (7) years under a lease-purchase agreement to be presented for City Council approval in January 2011. The purchase of the second truck is made contingent upon approval of the lease-purchase agreement. FINANCIAL IMPACT See Background. r PURCHASE AGREEMENT THIS AGREEMENT entered this 27th day of December, 2010 by and between Pueblo, a Municipal Corporation (hereinafter referred to as the "City ") and The Sutphen Corporation, an Ohio corporation (hereinafter referred to as "Company ") In consideration of the payment of the fixed purchase price for the vehicles, apparatus and equipment as provided herein, Company 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. 10 -096 Two (2) Triple Combination Fire Pumpers Description of Vehicles, Price Delivered in Quantity Equipment and Apparatus Pueblo, Colorado 1 4- Person, 4 -Door Sutphen Triple Combination Pumper $363,503 09 1 4- Person, 4 -Door Sutphen Triple Combination Pumper $363,503 09 TOTAL $727,006.18 The Parties hereby agree to the following terms and conditions 1 Except as expressly modified by written Exceptions to the Specifications submitted by the Company 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, including any clarifications and addenda thereto (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 Pumper vehicles, equipment and apparatus furnished hereunder (collectively, the "vehicles ") 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 Company, 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. Company shall test the Pumper vehicles per NFPA #1901 at Company's plant site in Amblin, Ohio, and the same shall pass the test prior to delivery - Page 1 - 3 (a) The vehicles, equipment and apparatus shall be delivered by Company, at Company'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. Early Deadline Items Delivery Date (outside Delivery Date) (2) Triple Comb /n Pumpers June 1, 2011 July 1, 2011 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 Pumper vehicles from Amblin, Ohio 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 Company 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 Company 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 Company 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 January 31, 2011 If payment is not made by such date, this Purchase Agreement shall be deemed terminated and of no effect, and both parties shall be released from all obligations hereunder; provided, however, at City's sole option, City may elect to purchase only one (1) of the vehicles for the single unit price of $367,794 02 payable in one lump sum on or before January 1, 2011, in which event this Purchase Agreement shall remain in effect as to said vehicle only 6 Company shall pay for all royalties and licensing of patents for any patented material or product used by Company or incorporated into the vehicles, equipment and apparatus purchased under this Purchase Agreement. Company 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 Company of any claim for which indemnification may be sought, (b) cooperate fully in the defense of such claim provided that such cooperation shall not require the incurring of any expense on the part of City, and (c) permit Company to settle or compromise such claim on terms and conditions which, in good faith, it determines to be appropriate; provided, however, that any settlement shall not result in any cost or expense to City nor result in the City being deprived of the use of the vehicles, equipment and apparatus or any part or portion thereof, unless Company furnishes to City at Company's expense substitute vehicles, equipment and apparatus reasonably comparable to the infringing vehicles, equipment or apparatus. - Page 2 - 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 Company 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 Company of amounts owed or to be owed by City to Company hereunder, or otherwise relating to City's leasing or financing of vehicles, equipment and apparatus contemplated hereby, and Company hereby agrees to execute all documents reasonably necessary to effect such assignment. In the event of any such assignment by City, City may also assign Company's Performance Bond. 8 This Purchase Agreement, including the specifications incorporated by reference , and including the Performance Bond to be furnished by Company and warranties required by the foregoing, constitute the entire agreement between the parties, and there are no representations, conditions, or 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 Company 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 THE SUTPHEN CORPORATION B c�2c� B /�,t(,U B 2i.t E'er y . President of the City Council (� Attest: L��-� Name O r e kA% J Lf t h e G(i City Clerk Title ef`es iGP u Balance of Appropriation Exists and Funds Are Available ✓!Xk /t4 4 ,L_.Director of Finance Approved as to form City Attorney - Page 3