HomeMy WebLinkAbout2010--014 Purchase Pumper TruckRESOLUTION NO. R-2010-14
A RESOLUTION AUTHORIZING AND APPROVING THE PURCHASE OF A PUMPER
TRUCK FOR THE RIVERSIDE DEPARTMENT OF PUBLIC SAFETY FROM CONRAD
FIRE EQUIPMENT OFF THE KANSAS CITY REGIONAL PURCHASING COOPERATIVE
COMPETITIVE BID CONTRACT IN AN AMOUNT NOT TO EXCEED $495,668.
WHEREAS, the City of Riverside in the adoption of its purchasing policy has
approved the practice of purchasing equipment from competitive bids awarded by other
governmental entities through the cooperative bidding process; and
WHEREAS, the Mid America Regional Council has developed the Kansas City
Regional Purchasing Cooperative (KCRPC) which in affiliation with the Houston-Galveston
Area Council (HGAC) has competitively bid and awarded a contract to Conrad Fire
Equipment, Olathe KC for the Pumper Truck recommended for use by the Fire Department;
and
WHEREAS, such vehicle is necessary for efficient Public Safety Department
operations within the City and funds for such purpose were previously approved in the
FY2009-2010 Budget from the Capital Improvement Program Fund in the amount of
$500,000; and
WHEREAS, the City of Riverside finds it is in the best interest of the citizens of the
City of Riverside to authorize and approve the purchase of one Pumper Truck for the
Department of Public Safety in the amount of $495,668, off the KCRPC/ HGAC Cooperative
Buying Program Contract;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE
CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS:
THAT the purchase of one pumper truck from Conrad Fire Equipment of Olathe, KS
in an amount not to exceed $495,688 off the KCRPC/ HGAC Cooperative Buying Program
Contract, is hereby authorized and approved;
FURTHER THAT the City Administrator is hereby authorized to execute all
documents necessary to this transaction and the City Clerk is authorized to attest thereto.
PASSED AND ADOPTED by the Board of Aldermen and APPROVED by the Mayor
of the City of Riverside, Missouri, the,l~"day of May, 2010.
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Kathleen L. Rose, Mayor
ATTEST: Approved asJ-to Form:
Robin Littrell, City Clerk m on, City Attorney
n ov
RIVERSM s Lq
Ufistream from ordinary.
2950 NW Vivion Road
Riverside, Missouri 64150
MEMO DATE:
AGENDA DATE:
TO:
FROM:
RE:
29 April 2010
04 MAY 2010
Mayor and Board of Aldermen
Fire Chief Gordy Fowlston
Purchase of new Fire Pumper
BACKGROUND: The BOA approved $500,000.00 in the 2010 CIP for the purchase of a new Fire Pumper. We
have worked through the MARC/HGAC contract bid and with Conrad Fire Equipment out of Olathe, KS agreeing on
the price of $495,668.00 for the purchase of this truck.
We are requesting to replace the 1996 Fire Pumper. We base this recommendation on the fact that the National Fire
Protection Association standard, Fire Apparatus 1901, recommends a front line service life of eight to ten years. The
apparatus is then placed on reserve service for an additional eight to ten years.
While researching what is best for Riverside, we determined that we should keep our front line trucks for fifteen years
and then placed in reserve for ten years. Based on our research and comparison with other departments, these are
acceptable numbers justifying the replacement of our front line truck. In addition, our call load and the Fire Apparatus
Manufacture Association recommendations based on usage also support our replacement timeline.
The present unit has 97,548 true miles, 2956 hours, and is approaching fifteen years of service. Our intent is to keep
the unit for another ten years in a reserve status. Since adding a fulltime fire division, and to better address the needs of
the citizens of Riverside, the present unit is our first out truck to all calls. This was not the case in the past.
Consequently, we are now required to move around equipment to properly handle our diverse call load. Unfortunately,
the present truck was not designed to be our first out truck so we do not have everything we need on it. The new
truck has been designed to carry all our equipment with room to expand in the future.
The largest benefit of purchasing this new truck is that it allows our department to take another step in boosting our
Insurance Services Organization Rating (ISOR). This is also accomplished by keeping the old truck in reserve status.
The ISOR requires us to provide three Fire pumpers to our district. We now are credited for providing two and this
new truck will allow us to have three. tSOR also requires us to have one reserve pumper. The addition of the new
truck will allow us to comply with their requirement.
ISOR requires 3500 gallons a minute pump capacity, so we surpass this by 1000 gals. with the new addition. These few
areas alone would almost allow us to drop our rating down one class. With the purchase of the new truck, we will
move the replacement dates for our two other trucks to a later date than what was anticipated based on the data
supplied to us.
RECOMMENDATION: The recommendation is to purchase at this time. If we delay to July 2010; we have been
informed the price of engines will increase approximately $50,000. The cost to operate and maintain these new engines
purchased after July are projected to be an additional $5000 per year due to new EPA regulations that will require the
use of liquid nitrogen in the exhaust systems.
BUDGETARY IMPACT: $495,668.00 from the CIP
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This Purchase Agreement (together with all attachments referenced herein, the "AgreemenY'), made and entered into by and
between Pierce Manufacturing Inc., a Wisconsin corporation ("Pierce"), and Citv of Riverside. MO, a Public Safetv Fire
Denartment ("Customer") is effective as of the date specified in Section 3 hereof.
1. Definitions
a. "Product" means the fire apparatus and any associated equipment manufactured or furnished for the Customer by
Pierce pursuant to the Specifications.
b. "SpeciGcations" means the general specifications, technical specifications, training, and testing requ'vements for the
- Product contained in the Pierce Proposal for the Product prepared in response to the Customer's request for proposal.
c. "Pierce ProposaP' means the proposal provided by Pierce attached as Exhibit C prepared in response to the
Customer's request for proposal.
d. "Delivery" means the date Pierce is prepared to make physical possession of the Product available to the Customer.
e. "Acceptance" The Customer shall have fifteen (15) calendar days of Delivery to iiispect the Product for substantial
conformance with the material Specifications; unless Pierce receives a Notice of Defect within fifteen (15) calendar
days of Delivery, the Product will be deemed to be in conformance with the Specifications and accepted by the
Customer.
2. ose. This Agreement sets forth the terms and conditions of Pierce's sale of the Product to the Customer.
3. Term of Aereement. This Agreement will become effective on the date it is signed and approved by Pierce's authorized
representative pursuant to Section 22 hereof (`Bffective Date") and, unless earlier terminated pursuant to the terms of this
Agreement, it will terminate upon the Customer's Acceptance and payment in full of the Purchase Price.
4. Purchase and Pa�. The Customer agrees to purchase the Product specified on Exhibit A for the total purchase price of
$495.668.00 ("Purchase Price"). Prices are in U.S. funds.
5. Future Chanees. Various state or federal regulatory agencies (e.g. NFPA, DOT, EPA) may require changes to the
Specifications and/or the Product and in any such event any resulting cost increases incurred to comply therewith will be added
to the Purchase Price to be paid by the Customer. In addition, any future drive h�ain upgrades (engine, transmission, axles,
etc.), or any other specification changes have not been calculated into our annual increases and will be provided at additional
cost. To the extent practicable, Pierce will document and itemize any such price increases for the Customer.
6. Agreement Chanees. The Customer may request that Pierce incorporate a change to the Products or the Specifications for
the Products by delivering a change arder to Pierce; provided, however, that any such change order must be in writing and
include a description of the proposed change sufficient to permit Pierce to evaluate the feasibility of such change ("Change
Order"). Within [seven (7) business days] of receipt of a Change Order, Pierce will inform the Customer in writing of the ,
feasibility of the Change Order, the earliest possible implementation date for the Change Order, of any increase or decrease in ,
the Purchase Price resulting from such Change Order, and of any effect on production scheduling or Delivery resulting from
such Change Order. Pierce shall not be liable to the Customer for any delay in performance ar Delivery arising from any such
Change Order. A Change Order is only effective when counter-signed by Pierce's authorized representative.
7. Cancellation/Termination. In the event this Agreement is cancelled or terminated by a party before completion, Pierce may '
charge a cancellation fee. The following charge schedule based on costs incurred may be applied: (a) 10% of the Purchase
Price after order is accepted and entered by Pierce; (b) 20% of the Purchase Price after completion of approval drawings, and; '
(c) 30% of the Purchase Price upon any material requisition. The cancellation fee will increase accordingly as costs are
incurred as the order progresses through engineering and into manufacturing. Pierce endeavors to mitigate any such costs '
through the sale of such Product to another purchaser; however Customer shall remain liable for the difference between the
Purchase Price and, if applicable, the sale price obtained by Pierce upon sale of the Product to another purchaser, plus any costs
incurred by Pierce to conduct any such sale.
8. Deliverv. Inspection and Accentance. (a) Deliverv. Delivery of the Product is scheduled to be within 6_7 months of the
Effective Date of this Agreement, F.O.B. Pierce's plant, Appleton, Wisconsin. Risk of loss shall pass to Customer upon
Delivery. (b) Inspection and Acceptance. Upon Delivery, Customer shall have fifteen (15) days within which to inspect the
Product for substantial conformance to the material Specifications, and in the event of substantial non-conformance to the
QSD1398 � Revised: 12/29/2008
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material Specifications to fumish Pierce with written notice sufficient to permit Pierce to evaluate such non-conformance
("Notice of DefecY'). Any Product not in substantial conformance to material Specifications shall be remedied by Pierce within
thirty (30) days from the Notice of Defect. In the event Pierce does not receive a Notice of Defect within fifteen (15) days of
Delivery, Product will be deemed to be in conformance with Specifications and Accepted by Customer.
9. Notice. Any required ar permitted notices hereunder must be given in writing at the address of each party set forth below,
or to such other address as either party may substitute by written notice to the other in the manner contemplated herein, by one
of the following methods: hand delivery; registered, express, or certified mail, return receipt requested, postage prepaid; or
nationally-recognized private express courier:
Pierce Manufacturing, Inc. Customer
Director of Order Management Riverside. MO Public Safetv/Fire Department
2600 American Drive
Appleton WI 54912 2990 NW Vivion Rd
Fa�c (920) 832-3080 Riverside, MO 64] 50
816-741- ll 91
10. Standard Warrantv. Any applicable Yierce warranties are attached hereto as E�ibit B and made a part hereof. Any
additional warranties must be expressly approved in writing by Pierce's authorized representative.
a. Disclaimer. OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PIERCE, 1TS '
PARENT COMPANY, AFFILIATES, SUBSIDIARIES, LICENSORS OR SUPPLLERS, THEIR RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS OR REPRESENTATIVES, MAKE ANY EXPRESS OR
IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS PROVIDED HEREUNDER OR OTHERWISE
REGARDING THIS AGREEMENT, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED OR STATUTORY.
WITHOUT LIMITING THE FOREGOING, ANY iMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY,
THE IMPLIED WARRANTY AGAINST INFRINGEMENT, AND THE IMPLIED WARRANTY OR CONDITION OF
FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED AND DISCLAiMED. STATEMENTS MADE
BY SALES REPRESENTATIVES UR IN PROMOTIONAL MATERIALS DO NOT CONSTITUTE WARRANTIES.
b. Exclusions of Incidental and Consequential Damaees. In no event shall Pierce be liable for consequential,
incidental or punitive damages incurred by Customer or any third party in connection with any matter arising out of or relating
to this Agreement, or the breach thereof, regardless of whether such damages arise out of breach of warranty, tort, contract,
strict liability, statutory liability, indemnity, whether resulting from non-delivery or from Pierce's own negligence, or
otherwise.
11. Insurance. Pierce maintains the following ]imits of insurance with a carrier(s) rated A- or better by A.M. Best:
Commercial Genera! Liability Insurance:
Products/Completed Operations Aggregate: $1,000,000
� Each Occurrence: $1,000,000
Umbrella/E.rcess Liability Insurance:
Aggregate: $25,000,000
Each Occurrence: $25,000,000
The Customer may request: (x) Pierce to provide the Customer with a copy of a current Certificate of Insurance with the
coverages listed above; (y) to be included as an additional insured as Customer's interests may appear (subject to the terms
and conditions of the applicable Pierce insurance policy); and (z) request that, prior to cancellation or non-renewal of the
applicable Pierce insurance policy, that the issuing carrier endeavor to provide thirty (30) days advance notice to the
Customer of any such cancellation ar non-renewal.
12. Indemni . The Customer shall indemnify, defend and hold harmless Pierce, its officers, employees, dealers, agents or
subcontractors, from any and all claims, costs, judgments, liability, loss, damage, attorneys' fees or expenses of any kind or
nature whatsoever (including, but without limitation, personal injury and death) to all property and persons caused by, resulting
from, arising out of or occurring in connection with the Customer's purchase, installation or use of goods sold or supplied by
Pierce which are not caused by the sole negligence of Pierce.
13. Force Majeure. Pierce shall not be responsible nor deemed to be in default on account of delays in performance due to
causes which are beyond Pierce's control which make Pierce's performance impracticable, including but not limited to civil
wars, insurrections, strikes, riots, fires, storms, floods, other acts of nature, explosions, earthquakes, accidents, any act of
QSD1398 2 Revised: 12/29/2008 '
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government, delays in Iransportation, inability to obtain necessary labor supplies or manufacturing facilities, allocation
regulations or orders affecting materials, equipment, facilities or completed products, failure to obtain any required license or
certificates, acts of God or the public enemy or terrorism, failure of transportation, epidemics, quarantine restrictions, failure of
vendors (due to causes similar to those within the scope of this clause) to perform their contracts or labor troubies causing
cessation, slowdown, or interruption of work.
14. Default. The occurrence of one ar more of the following shall constitute a default under this Agreement: (a) the Customer
fails to pay when due any amounts under this Agreement or to perform any of its obligations under this Agreement; (b) Pierce
fails to perform any of its obligations under this Agreement; (c) either party becomes insolvent or become subject to a
bankruptcy or insolvency proceedings; (d) any representation made by either party to induce the other to enter into this
Agreement is false in any material respect; (e) the Customer dissolves, merges, consolidates ar transfers a substantial portion of
its property to another entity; or (� the Customer is in default or has breached any other contract or agreement with Pierce.
15. Manufacturer's Statement of Oriein. It is agreed that the manufactttrer's statement of origin ("MSO") for the Product
covered by this Agreement shall remain in the possession of Pierce until the entire Purchase Price has been paid. If more than
one Product is covered by this Agreement, then the MSO for each individual Product shall remain in the possession oF Pierce
until the Parchase Price for that Product has been paid in full. In case of any default in payment, Pierce may take full
possession of the Product, and any payments that have been made shall be applied as payment for the use of the Product up to
the date of taking possession.
16. IndeQendent Contractors. The relationship of the parties established under this Agreement is that of independent
contractors and neither party is a partner, employee, agent, or joint venturer of or with the other.
17. Assignment. Neither pariy may assign its rights and obligations under this Agreement unless it has obtained the prior
written approval of the other party.
18. Governing Law; 7urisdiction. Without regard to any conflict of laws provisions, this Agreement is to be govemed by and
under the laws of the state of Wisconsin.
19. Facsimile Si�natures. The delivery of signatures to this Agreement by facsimile transmission shall be binding as original
signatures.
20. Entire Apreement. This Agreement shall be the exclusive agreement between the parties for the Product. Additional or
different terms proposed by the Customer shall not be applicable, unless accepted in writing by Pierce's authorized
representative. No change in, modification of, or revision of this Ageement shall be valid unless in writing and signed by
Pierce's authorized representative.
' 21. Conflict. In the event of a conflict between the Customer Specifications and the Pierce Proposal, the Pierce Proposal shall
controL In the event there is a conflict between the Pierce Proposal and this Agreement, the Pierce Proposa] shall control.
22. Signatures. This Agreement is not effective unless and until it is approved, signed and dated by Pierce Manufacturing,
Inc.'s authorized representative.
Accepted and agreed to:
PiERCE MA UFACT NG, INC. CUSTOMER: Riverside MO
Nam • Name: f�LI(.Ct� � ��
Title r � � Title: �GLU e �
Date: — Date: �d.0 � �,.�.f9 ! D
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QSDI 398 3 Revised: 12/29/2008
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EXHIBIT A
PURCHASE DETAIL FORM
Pierce Manufacturing,lnc.
Director of Order Management
2600 American Drive
Appleton WI 54912
Fax (920) 832-3080
Date: 4/19/2010
Customer Name: Riverside MO Public Safetv/Fire Department
uanti Chassis T e Bod e Price er Unit
] Im el PUC Pum er $495,668.00
_ $
$
$
$
flnsert anv trade in or applicable discounu here 1
Warranty Period: All Standard Warranties
Training Requirements: 3 shifts on location at Riverside MO Fire Department
Other Matters: 100% Performance Bond
This contract is available for inter-local and other municipal corporations to utilize with the option of adding or deleting any
Pierce available options, including chassis models. Any addition ar deletion may affect the unit price.
Payment Terms: With ContraCt
[NOTE: If deferred payment arrangements are required, the Customer must make such financial arrangemenu through a financial institution acceptab�e to
Pierce.] All ta�ces, excises and levies that Pierce may be required to pay or collect by reason of any present or future law or by any govemmcntal authority
based upon the sale, purchase, delivery, storage, processing, use, consumption, or transportation of the Product sold by Pierce to the Customer shall be for the
account of the Customer and shall be added [o the Purchase Price. All delivery prices or prices with freight allowance aze based upon prevailing freight rates
and, in Ihe event of any increase or decrease in such rates, the prices on all unshipped Product will be increased or decreased accordingly. Delinquent payments
shall be subject to a carrying charge of 1.5 percent per month or such lesser amount pertnitted by law. Pierce will not be required to accept payment other than
as se[ forth in this Agreement. However, to avoid a late chazge assessment in the event of a dispute caused by a substantial nonconformance with ma[erial
Speci£cations (other than freight), the Customer may withhold up to five percent (5%) of the Purchase Price until such time that Pierce substantially remedies
the nonconformance with material Specifications, but no longer than sixry (60) days after Delivery. If the disputed amount is the freight charge, the Customer
may withhold only the amount of ffie freight charge until the dispute is settled, but no longer than sixty (60) days after Delivery. Pierce shall have and retain x
purchase money secunty interest in all goods and products now or hereafter sold to the Customer by Pierce or any of its affiliated companies to secure payment
of the Purchase Price for all such goods and products. In the event of nonpayment by the Customer of any debt, obligation or liability now or hereafter
incurred or owing by the Customer to Pierce, Pierce shall have and may exercise all rights and remedies of a secured pariy under Article 9 of the Uniform
Commercial Code (UCC) as adopted by the state of Wisconsin.
THIS PURCHASE DETAIL FORM IS EXPRESSLY SUBJECT TO THE PURCHASE AGREEMENT TERMS AND
CONDITIONS DATED AS OF 4/19I, 2010 BETWEEN PIERCE MANUFACTURING INC. AND fCitv of Riverside, MOl
WHICH TERMS AND CONDITIONS ARE HEREBY INCORPORATED IN, AND MADE PART OF, THIS PURCHASE
DETAIL FORM AS THOUGH EACH PROVISION WERE SEPARATELY SET FORTH HEREIN, EXCEPT TO THE
EXTENT OTHERWISE STATED OR SUPPLEMENT�D BY PIERCE MANUFACTURING 1NC. HEREIN.
QSD 1398 4 Revised: 12/29/2008
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EXHIBIT B
WARRANTY
INCLUDED IN PIERCE PROPOSAL - TAB # 4.
QSD 1398 5 Revised: 12/29/2008
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EXHIBIT C
PIERCE PROP�SAL
LOCATED IN TAB # 4
QSD1398 6 Revised: 12/29/2008