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HomeMy WebLinkAboutPierce Manufacturing, Inc. - Contract - 10/2/2006 CONTRACT THIS AGREEMENT, made by and between Pierce Manufacturing Inc., Appleton, Wisconsin, first party, and the: City of Waterloo Iowa by its authorized representative, second party WITNESSETH: FIRST. The said first party hereby agrees to furnish the apparatus and equipment according to the specifications hereto attached and made a part of this contract, and to deliver 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 said specifications. In the event there is any conflict between customer specifications and the Pierce proposal, the Pierce Proposal will prevail. The standard Pierce Warranty will apply. 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 contract signing, except as modified by customer specifications. Any increased costs incurred by the first party because of future changes in or additions to said DOT or NFPA standards will be passed along to the customer as an addition to the price set forth below. FOURTH. The said apparatus and equipment shall be ready for delivery from Pierce Manufacturing, Inc., within about 60 to 90 calendar days, after the receipt and acceptance of this contract. The first party shall not be deemed in default for any causes beyond its reasonable control and not occasioned by its negligence, including, but not limited to, civil wars, insurrections, strikes, riots, acts of terrorism, fires, storms, floods, other acts of nature, explosions, earthquakes, accidents, any act of government, delays in transportation, inability to obtain necessary labor, supplies or manufacturing facilities, allocation regulations or orders affecting materials, equipment, or failure of vendors to perform their contractual obligations. The said apparatus and equipment shall be delivered to said party of the second part at The City of Waterloo Iowa FIFTH. A competent serviceman shall upon request, be furnished by the first party to demonstrate 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: Seven hundred thirty thousand one hundred nine dollars and no cents.....................................................................$730,109.00 All stock unit proposals are subject to availability and subject to prior sale.......... If more than one piece of apparatus is covered by this contract, the above terms of payment shall apply to each piece, and an invoice covering each piece 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, Wisconsin. 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 contract specifications. EIGHTH. It is agreed that the Manufacturers Statement of Origin ("MSO") for the apparatus and equipment covered by this contract shall remain in the possession 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 the MSO for each piece shall remain in the possession 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 or pieces upon which default has been made, and any payments 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 Pierce Manufacturing Inc., or someone authorized by it to do so. This 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. This contract cannot be altered or modified except by mutual agreement signed by the parties. TENTH. Pierce Manufacturing, Inc. and the City of Waterloo agree to allow cities, towns, townships and similar governmental entities within the States of Minnesota, Iowa, North Dakota and South Dakota to purchase under the same pricing, terms and conditions as this City of Waterloo request for proposal. The apparatus will be subject to price increases out of the control of Pierce Manufacturing, such as unexpected supplier price increases or increases caused by NFPA, EPA, DOT or like regulatory agencies, which may impact the cost of the apparatus IN WITNESS WHEREOF, the said parties have caused these presents to be executed and the second party has caused its seal toe affixed, and attested by its authorized representatives on this a h day of Dc �o b e( ,2006. PIERCE MANUFACTURING INC. City of Waterloo, Iowa By By _ Authorized Pa Date of Acceptance: Proposal For Furnishing PIERCE FIRE APPARATUS City of Waterloo Iowa Attn: Fire Chief Ned DeBerg 715 Mulberry Street Waterloo, IA 50703 The undersigned is prepared to manufacture for you, upon an order being placed by you, for final acceptance by Pierce Manufacturing Inc., at its home office in Appleton, Wisconsin, the apparatus and equipment herein named and for the following prices: One (1) Pierce® 100' Platform Mounted on a Dash Chassis, Stock Unit#17692 as per our proposal with related equipment forthe sum of.......................................................................$730,109.00 All stock unit proposals are subject to availability and subject to prior sale.......... Said apparatus and equipment are to be built and shipped in accordance with the specifications hereto attached, delays due to strikes, war or international conflict, failures to obtain chassis, materials, or other causes beyond our control not preventing, within about 60 to 90 calendar days, after receipt of this order and the acceptance thereof at our office at Appleton, Wisconsin, and to be delivered to you at: The City of Waterloo Iowa The specifications herein contained shall form a part of the final contract, and are subject to changes desired by the purchaser,provided such alterations are interlined prior to the acceptance by the company of the order to purchase, and provided such alterations do not materially affect the cost of the construction of the apparatus. The proposal for fire apparatus conforms with all Federal Department of Transportation (DOT) rules and regulations in effect at the time of bid, and with all National Fire Protection Association (NFPA) guidelines for automotive fire apparatus as published at the time of bid, except as modified by customer specifications. Any increased costs incurred by the first party because of future changes in or additions to said DOT or NFPA standards will be passed along to the customers as an addition to the price set forth above. Unless accepted within 10 days from date, the right is reserved to withdraw this proposition. PIERCE MANUFACTURING INC. By: SALES REPRESENTATIVE Clarey's Safety Equipment, Inc.