Loading...
HomeMy WebLinkAbout2000-08-08; City Council; 15861; Approval Of Purchase Of Fire TruckP 9 oa e % . . g 2 6 f 8 AB# 1s) 86 1 MTG. fq@/m DEPT. PCH -- -. I PI ’ 3 c‘ CITY OF CARLSBAD - AGENDA BILL TITLE: DEPT. HD. APPROVAL OF PURCHASE OF FIRE TRUCK 1 CITYMGR- RECOMMENDED ACTION: Staff recommends Council adopt Resolution No dm - 257 approving the purchase of a fire truck from Seagraves Fire Apparatus Inc. ITEM EXPLANATION: Funds are appropriated in the 2000-2001 fiscal year budget to purchase a fire truck to replace a Gruman currently in the fleet. In the budget preparation process, staff identified F247 as the fire engine to be replaced in 2001. The correct unit to be replaced is F016, a 1981 Gruman, which exceeds the fifteen year age guideline for replacement contained in the Fleet Management Program, Administrative Order #3. This unit has been a reserve unit since 1995 and kept in the fleet past the fifteen year guideline due to its relatively low mileage. However, maintenance and reliability issues make the replacement necessary. Gruman discontinued making fire trucks several years ago and replacement parts are becoming increasingly difficult to obtain. Inaddition, this vehicle has a one- piece body with the cab and storage box bolted together. This construction is inflexible and is causing the body to crack and corrode. Fleet is staffed to ‘provide a preventive maintenance based program. It ‘is therefore important that equipment be replaced before substantial major repairs become necessary, especially in the safety service sector. On May 16, 2000 Council approved the purchase of a fire truck from Seagraves Fire Apparatus Inc. through provisions of Section 3.28.160 of Carlsbad Municipal Code which allows purchase of equipment through cooperative purchasing programs with other public agencies. A purchase order was issued for this unit on May 17, 2000. At the time of this order, Seagrave offered a discount of $10,559.00 for purchases of identical units ordered before production begins on the first unit. Staff recommends issuing a purchase order immediately in order to qualify for the price reduction and to save inflation-related cost increases. The cost for thisunit with the discount is $350,422.40 including sales tax. FISCAL IMPACT: Unencumbered funds are available in the Vehicle Replacement Capital Outlay Account for this purchase. EXHIBITS: 1. Resolution No. m - a 5 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2000-257 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZINGTHE PURCHASE OF A FIRE TRUCK WHEREAS, the City of Carlsbad wishes to replace an old fire truck, and; WHEREAS, Section 3.28.160 of the Carlsbad Municipal Code provides that the City may participate in cooperative purchasing programs with other public agencies, and; WHEREAS, the City of Mountain View used formal bidding procedures, with a public agency clause, to purchase a Seagraves fire truck , and; WHEREAS, Seagraves has offered to sell the City of Carlsbad a Seagraves fire truck for $350,422.40. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: I. The Purchasing Officer is hereby authorized and directed to issue a purchase order to Seagraves Fire Apparatus Inc. in the amount of $350,422.40 including sales tax. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad held on the 8th day of August , 2000, by the following vote, to wit: AYES: Council Members Lewis, Hall, Finnila, and Nygaard. NOES: hrone . ABSENT: Council Member Kulchi 1 :a,/',8/00 ‘IWE 17: 26 FAX i15 823 5768 FWD SEAGRAVE - Pfi E?s&ot Since lb09 August 8,200O ,L FWD CORPORATION SEAGRAVE FIRE APPARATUS DlVlSlON I , 105 P 12TH STREET CLINTONVIUE, WISCONSIN S4@2Slss0 PHONE Ti5~23-2141 Ms. Ftuth Fletcher City of Car&bad 1635 Faraday Avenue Carl&ad, CA 92008-73 14 Dear Ms, Flctchcr Aswediscussedonthephone,Iamcanacapttheplrchaseo~asissuedify~willmakeapaymentof $268,621 by August 31,200O. For this payment we will give the City of Carlsbad a discount of $11,640 off the fioal invoiced p&c. Tf this meets with your approval just sign a c3py of this letter and fax to me at 71 S-823-7568. if this is not acceptable I have forwarded to Rollie Myers (715-823-2141 ext 1280) my copy of the items which need to be amended per our discussions You can reach me until 6;OOPM Central Time tonight or untiI 9:3OAM tomomnv morning. If you have any questions plcasc give mc a call. sincerrly, Fire Apparatus, a Division of J. Fir&, Allstar Fire Equipment R Myers, Scagmvc Fire Appartus FAX: 715.023=5766 Maln Office FAXz 715-823-9169 Parts, ServSce Changes Requested to Terms & Conditions by Seagrave 5. Rejections: If any of the goods are found at any time to have material defect in material or workmanship, or otherwise not in conformity with the requirements of the order . .__. . . . . 6. . . . . . . ..Vendor shall also bear the risk of loss or damage to item covered by order after buyer given vendor notice of rejection and buyer delivers item to vendor. 7. Delete: a. Failure to agree to an adjustment shall not excuse the vendor f5om proceeding with this order as changed. Add: All changes to order are to be mutually agreed upon 8 and 9 Delete and add: If either party is delayed in complying with any provisions of the Order by reason of strikes, power shortages, wars, acts of God or any other reason or reasons beyond the reasonable control of such party, the time limit for the performance of the Order shall be extended by a period of time equal in length to the period of such delay and the recovery period. The party affected by the delay shall, insofar as possible, promptly give written notice to the other party of the reasons for such delay, and shall take reasonable steps to remove the cause thereof and shall give written notice to the other party as soon as such cause ceases to exist 14. Delete. TERMS AND CONDITIONS 1. THERE IS NO ACKNOWLEDGEMENT COPY OF THIS PURCHASE ORDER. ANY DISCREPANCIES IN PRICE, QUANTITIES. ITEMS OR DELIVERY, MUST BE PHONED TO THE BUYER AT OUR PURCHASING DEPARTMENT WITHIN 46 HOURS’ OF YOUR RECEIPT OF THIS PURCHASE ORDER. 2. ALL ARTWORK, SPECIFICATIONS, TOOLS. EQUIPMENT AND OTHER ITEMS FURNISHED TO VENDOR, OR PAID FOR BY BUYER SHALL REMAIN BUYER’S PROPERTY, BE SAFELY KEPT BY VENDOR IN GOOD AND USABLE ORDER AND BE PROMPTLY RETURNED TO BUYER UPON REQUEST. 3. VENDOR IS PERFORMING AS AN INDEPENDENT CONTRACTOR AND, THUS, SHALL HOLD THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES, HARMLESS FROM LIABILITY OF ANY NATURE OR KIND, ON ACCOUNT OF ANY INVENTION, ARTICLE, OR PROCESS USED AND FOR WORK OR LABOR PERFORMED UNDER THIS CONTRACT. 4. FREIGHT: CHARGES FROM ROUTING OTHER THAN THE ROUTING SPECIFIED WILL BE CHARGED TO YOUR ACCOUNT. A PACKING LIST SHOWING OUR PURCHASE ORDER NUMBER MUST ACCOMPANY EACH CASE OR PARCEL. 5: REJECTIONS: IF ANY OF THE GOODS ARE FOUND AT ANY TIME TO BE DEFECTIVE IN MATERIAL OR WORKMANSHIP, OR OTHERWISE NOT IN CONFORMITY WITH THE REQUIREMENTS OF THE ORDER, BUYER, IN ADDITION TO ANY OTHER RIGHTS WHICH IT MAY HAVE UNDER WARRANTIES OR OTHERWISE, SHALL HAVE THE RIGHT TO REJECT AND RETURN SUCH GOODS AT VENDOR’S EXPENSE WITHIN A REASONABLE LENGTH OF TIME. SUCH GOODS SHALL NOT BE REPLACED WITHOUT WRITTEN AUTHORlZATlON FROM BUYER. 6. RESPONSIBILITY FOR SUPPLIES: VENDOR SHALL BEAR THE RISK OF LOSS OF OR DAMAGE TO THE ARTICLES COVERED BY THIS ORDER UNTIL DELIVERY OF SAID SUPPLIES AT THE LOCATION DESIGNATED BY BUYER OR AT SUCH OTHER PLACE AS MAY BE DESIGNATED HEREIN, REGARDLESS OF F.O.6. POINT OR THE POINT OF INSPECTION. VENDOR SHALL ALSO BEAR THE RISK OF LOSS OR DAMAGE TO ITEMS COVEREO BY ORDER AFTER BUYER GIVES VENDOR NOTICE OF REJECTION. 7. CHANGES: BUYER MAY BY WRITTEN AND/OR VERBAL ORDER AT ANY TIME PRIOR TO flNAL DELIVERY AND WlTHOUT NOTICE TO SURETIES, MAKE CHANGES WITHIN THE GENERAL SCOPE OF THIS ORDER, IN ANY OF THE FOLLOWING: APPLICABLE DRAWINGS. DESIGNS, OR SPECIHCATIONS. METHOD OF SHIPMENT OR PACKING AND PLACE OR TIME OF DELIVERY. TO THE EXTENT SUCH CHANGE CAUSES AN INCREASE OR DECREASE Ityl THE COST OR TIME REQUIRED FOR PERFORMANCE OF THIS .ORDER, AN APPROPRIATE EQUITABLE ADJUSTMENT IN THIS ORDER SHALL BE MADE. AND CLAIM BY VENDOR FOR ADJUSTMENT MUST BE ASSERTED WITHIN FIFTEEN (151 DAYS OF RECEIPT OF THE CHANGE. FAILURE TO AGREE TO AN ADJUSTMENT SHALL NOT EXCUSE THE VENDOR FROM PROCEEDING WITH THIS ORDER AS CHANGED. 6. BUYER SHALL HAVE THE RIGHT TO CANCEL AT ANY TIME FOR VENDOR’S BREACH OF ANY PROVISIONS OF THIS ORDER, INCLUDING FAILURE TO MEET THEIR STATED DELIVERY SCHEDULE. ALL OR ANY PORTION OF THIS ORDER MAY BE CANCELLED BY BUYER IF VENDOR, IN BUYER’S JUDGEMENT. IS FAILING TO MAKE SUFFICIENT PROGRESS SO AS TO ENDANGER PERFORMANCE OF THIS ORDER IN ACCORDANCE WITH ITS TERMS. 9. IF VENDOR BREACHES THIS AGREEMENT AND FAILS TO DELIVER THE GOODS AND MATERIALS PROVIDED FOR HEREIN WITHIN THE TIME ABOVE SET FDRTH, OR BY FAILING TO MAKE SUFFICIENT PROGRESS SO AS TO ENDANGER PERFDRMANCE OF THIS ORDER, THEN BUYER MAY TERMINATE THIS CONTRACT AND PURCHASE THE GOODS AND MATERIALS FROM WHATEVER SOURCE AND VENDOR SHALL BE LIABLE TO BUYER FDR THE DIFFERENCE IN PRICE WHICH BUYER IS OBLIGATED TO PAY, PLUS ALL OF ITS COSTS AND EXPENSES IN ENFORCING ITS RIGHTS HEREUNDER, INCLUDING REASONABLE ATTORNEY’S FEES. FURTHER, BUYER MAY OFFSET ANY SUCH COSTS OR EXPENSES AGAINST ANY OF THE MONIES WHICH MAY BE OWING TO THE VENDOR. 10. VENDOR AGREES TO COMPLY WITH APPLICABLE FEDERAL AN0 CALIFORNIA LAWS, INCLUDING. BUT NOT LIMITED TO, THE CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT BEGINNING WITH GOVERNMENT CODE SECTION 12900 ET SEQ AND WITH LABOR CODE SECTION 1735. IN ADDITION, THE CONTRACTOR AGREES TO REQUIRE LIKE COMPLIANCE BY ALL SUB- CONTRACTORS EMPLOYED. 11. VENDOR SHALL.GUARANTEE THAT ALL GOODS COVERED BY THIS ORDER MEET ALL REQUIREMENTS FOR THE BUYER IN CONFORMANCE WITH ALL FEOERAL AND STATE LAWS INCLUDING THE FAIR LABOR STANDARDS ACT AND CAUFORNIA OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION. 12. THIS AGREEMENT IS GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA INCLUDING THE UNIFORM COMMERCIAL CODE AN0 THE PUBLIC CONTRACT CODE. 13. IN* THE EVENT THIS PURCHASE ORDER RESULTS FROM A BID OR A QUOTATION, THE GENERAL PROVISIONS OF THAT BID OR QUOTATION ARE INCORPORATED HEREIN AND FORM A PART OF THIS PURCHASE ORDER. 14. OUT-OF-STATE VENDORS MUST NOT INCLUDE SALES TAX ON THEIR INVOICE. CITY WILL PAY THE USE TAX DIRECTLY TO THE CALIFORNIA STATE BOARD OF EQUALIZATION.