Loading...
HomeMy WebLinkAboutItem VIII.B.5WASH INGTON AGENDA'BILL APPROVAL FORM Agenda Subject Date: Resolution No. 3611 04-30-03 Department: I Attachments: Resolution No. 3611, Budget Impact: $359,909.00 FIREI Equipment Order Contract Administrative Recommendation: City Council adopt Resolution No. 3611. Background Summary: Resolution No. 3611 is a resolution of the City Council of the CITY OF AUBURN, Washington, authorizing the Mayor and City Clerk to execute a contract with PIERCE MANUFACTURING for one (1) PIERCE 2003 TRIPLE COMBINATION PUMPER MOUNTED ON A QUANTUM CHASSIS with items per revised proposal $359,909.00 FOB Auburn, WA plus Washington State Sales Tax at time of invoice. F0505-1 02.9 Reviewed by Council & Committees: Reviewed by Departments & Divisions: [] Arts Commission COUNCIL COMMITTEES: [] Building [] M&O [] Airport [] Finance [] Cemetery [] Mayor [] Hearing Examiner [] Municipal Serv. [] Finance [] Parks [] Human Services [] Planning & CD [] Fire [] Planning [] Park Board []Public Works [] Legal [] Police [] Planning Comm. [] Other [] Public Works [] Human Resources Action: Committee Approval: []Yes I-]No CouncilApproval: []Yes []No Call for Public Hearing __/ /__ Referred to Until / / Tabled Until / / Councilmember: Sin~]er I Staff: Johnson Meeting Date: May 5, 2003I Item Number: VIII.B.5 AUBURN * MORE THAN YOU IMAGINED RESOLUTION NO. 3611 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH PIERCE MANUFACTURING FOR A FIRE APPARATUS WHEREAS, the City of Auburn is engaged in various municipal functions, including providing for public safety, and WHEREAS, included among the facets of the City's public safety responsibilities are those involving fire service, including fire suppression and protection; and WHEREAS, in order to provide for such services, it is appropriate that the City maintain an appropriate contingent of trained personnel and necessary fire service equipment; and WHEREAS, in order to provide for those services it is appropriate for the City to acquire a pumper apparatus; and WHEREAS, in the year 2000, the City purchased a pumper apparatus from Pierce Manufacturing, Inc. at a price which it agreed to honor for a new pumper apparatus, with a few modifications (upgraded suspension package + $9,000.00, onboard generator + $10,000.00, and motor modifications to meet current EPA standards + $1,500.00, plus a 9% increase since the City's purchase three years ago, and with certain deductions, including Chassis Prepay - $5,508.00. 90% Factory Drive-Away Discount of 4.25% - $4,050.00, and Discount - $4,250.00, Simple Interest Simple Interest Discount of 4.25% on balance after Chassis payment deduction - $1,552.00): and Resolution No. 3611 April 28, 2003 Page 1 WHEREAS, the resulting price is at a cost that is acceptable to the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. That the Mayor and the City Clerk are authorized to execute an agreement in substantial conformity with the Agreement attached hereto, marked as Exhibit "A" and incorporated herein by this reference. Section 2. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this __ day of ,200 CITY OF AUBURN ATTEST: PETER B. LEWIS MAYOR Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B. Heid, City Attorney Resolution No. 3611 April 28, 2003 Page 2 EQUIPMENT ORDER CONTRACT CITY OF AUBURN, WA THIS AGREEMENT made by and between Pierce Manufacturing Co., Inc., hereinafter referred to as the first party, and City of Auburn, WA, hereinafter referred to as the second party, by its authorized representative; WITNESSETH: First. The said first party hereby agrees to furnish the apparatus and equipment according to the proposal hereto attached and made a part of this contract, and to delivery the same as hereinafter provided. Second. The first party agrees that all material and workmanship in and about said apparatus and equipment shall comply with second party specifications, less any exception and/or deviations noted in proposal from first party. Third. This contract for fire apparatus conforms with all Federal Department of Transportation (DOT) rules and regulations in effect at the time of contract signing, and with all National Fire Protection Association (NFPA) Guidelines for Automotive Fire Apparatus as published at the time of this contract signing, except as modified by the second party specifications. Any changes made after this date will be signed change order. Fourth. The said apparatus and equipment shall be ready for delivery from Appleton, WI within about 210 calendar days after the receipt and acceptance of this contract at the first party's office at Appleton, WI, delays due to strikes, failures to obtain chassis, materials, or other causes beyond its control not preventing and shall be delivered to said part of the second part at Auburn, WA. Fifth. A competent service/delivery person, if required in second party specifications, be furnished by first party or its authorized sales representative, to demonstrate and train said apparatus for second party and to give its employees the necessary instructions in the operation and handling of said apparatus. Sixth. The second party hereby purchases and agrees to pay for said apparatus and equipment, the sum of see Attachment "A"~ plus applicable sales tax at time of invoice, if any. Payment shall be made directly to first party at its Appleton, WI office or location as instructed by first party on invoice. Under no circumstances shall payment be made to any other party except the first party. Any representation that payment is authorized to make to another party is in violation of this agreement. Net payment is due upon delivery at Pierce Manufacturing Inc., Appleton, WI unless otherwise specified herein. If deferred payment arrangements are made, such Resolution No.. 3611 Exhibit "A" Page 1 of 3 EQUIPMENT ORDER CONTRACT CITY OF AUBURN, WA arrangements shall be in writing, and second party's obligation thereunder shall be evidenced by negotiable paper. If more than one (1) piece of apparatus is covered by this contract, the above terms of payment shall apply to each, and an invoice covering each piece of apparatus shall be rendered in the proper amount. Seventh. In case the second party desires to test the apparatus, such test shall be made within ten (10) days after arrival at destination, and a written report of such test forthwith delivered to the first party at its principal office at Appleton, WI. If no such test be made, or if no such report be made by the second party within ten (10) days after arrival, then said apparatus and equipment shall be considered as fully complying with proposal. Eighth. It is agreed that the apparatus and equipment covered by this contract shall remain the property of the first party until the entire contract price has been paid, but if more than one piece of apparatus is covered by this contract, then each piece shall remain the property of the first party until the above listed'price for such piece has been paid in full, and in case of any default in payment the first party may take full possession of the apparatus and equipment, or of the piece of pieces upon which default has been made, and any payment (s) that have been made shall be applied as payment for the use of the apparatus and equipment up to date of taking possession. Ninth. This contract to be binding must be signed and approved by an officer of the first party, or someone authorized by it to do so. The contract and specifications take precedence over all previous negotiations and no representations are considered as entering into this contract except as are contained herein or in the specifications attached hereto. The contract cannot be altered or modified except my mutual written agreement signed by both parties. IN WITNESS WHEREOF, the said parties have caused this presents to be executed and the second party has caused its seal to be affixed, and attested by its authorized representative (s) on this __ day of May, 2003. CITY OF AUBURN, WA PIERCE MANUFACTURING, INC. BY: BY: CITY OF AURURN, MAYOR V. P. WESTERN REGION SALES DATE: ACCEPTANCE DATE: Page 2 of 3 EQUIPMENT ORDER CONTRACT CITY OF AUBURN, WA ATTACHMENT A ONE (1) PIERCE 2003 TRIPLE COMBINATION PUMPER MOUiqTED ON A QUANTUM CHASSIS WITH ITEMS PER REVISED PROPOSAL $359,909.00 FOB AUBURN, WA PLUS WASHINGTON STATE SALES TAX AT TIME OF INVOICE. OPTIONS TO AUBURN FIRE DEPT. PROPOSAL FOR A PIERCE TRIPLE COMBINATION FIRE APPARATUS · We wish to submit the following items for your consideration; If 90% or more of the contract price is paid with the order, Pierce will pay 4.25% simple interest on the funds from the date received by Pierce~ until the day of drive away from our factory~ less any prepayment (s)~ of the completed unit. If this were done, the following credit (s) would be deducted. 2. If the chassis is paid for upon invoice from Pierce (net 30 days), a credit of $5~508.00 will be applied on the final invoice. Chassis cost is $183,605.00. 3. If 90% or more of the balance is paid upon factory drive away, a credit of $4~250.00 will be applied on the final invoice. If you desire to drive the completed unit from the factory in Appleton, WI, a drive out allowance of $2~150.00 is included in our proposal price. If this is done, a certificate of insurance must be provided to Pierce at drive away, as well as the unit being paid for in full. This is due to DOT and insurance requirements. All items listed above are based on per unit. Page 3 of 3 COMPANIES 8222 PORTLAHD AVENI~ EAST- TACOMA, WA 98404 April 14, 2003 City of Auburn Fire Department 1101 "D" Street N. E. Auburn, WA 98002 To whom it may concern: We, as Sales Representatives for Pierce Manufacturing, Inc., are pleased to present the following proposal for~ Delivery receipt and acceptance of this order by Pierce. Thank you for th~~~ ~~~~~Csr~king forward to serving your Fire Department. If you have any questions, please feel free to call us at phone number listed below. Sincerely, PIERCE MANUFACTURING, INC. Fred McPherson Sales Representative SALES (253) 537-3800 OFFICE · 1-800-551-5001 TOLL FREE · (253) 531-8007 FAX · 1-800-977-FIRE · TOLL FREE FAX SERVICE (253) 537-7465 OFFICE · 1-.888-593-FIRE TOLL FREE · (253) 537.0587 FAX · 1-877-260-FIRE · TOLL FREE FAX