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HomeMy WebLinkAboutPierce Manufacturing, Inc. - Fire Apparatus - 12/12/2005 Proposal For Furnishing PIERCE FIRE APPARATUS City of Waterloo City Clerks Office 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 Pumper mounted on a Pierce Lance chassis with related equipment for the sum Of........................................$410,107.00 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, at or about 240 to 270 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 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 parry 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 3o days from date, the right is reserved to withdraw this proposition. PIERCE MANUFACTURING INC. By. '-- ili CONTRACT THIS AGREEMENT, made by and between Pierce Manufacturing Inc.,Appleton,Wisconsin, first party, and the: City of Waterloo 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 Appleton, Wisconsin, at or about: 240 to 270 calendar days after the receipt and acceptance of this contract at the first part's office at Appleton, Wisconsin, delays due to strikes, failures to obtain chassis, A . materials, or other causes beyond its control not preventing, and shall be delivered to said of the second part at: The City of Waterloo 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: Four Hundred Ten Thousand One Hundred Seven Dollars and no cents......$410,107.00 Should the City of Waterloo elect to pay for the Lance chassis at the time of its frame-up at the factory approximately go days prior to apparatus completion in the amount of$222,o68.00 dollars, interest in the amount of$6,600.00 may be deducted from our total bid price. Should the City of Waterloo elects to make any prepayment of funds on this apparatus prior to payments actually becoming due, please be advised that the City of Waterloo will earn a 4% rate of interest on these funds from the date payment is received, and/or until deductions are made for payments, which become due or until the completion date at Pierce Manufacturing, Inc. Payment shall be made directly to first party at its Appleton, Wisconsin office. Under no circumstances shall payment be made to the dealer or any other party except Pierce Manufacturing Inc. Any representation that payment is authorized to be made to another party is in violation of this agreement. Net payment is due upon acceptance at Pierce Manufacturing Inc., Appleton, Wisconsin, unless otherwise specified herein. If deferred payment arrangements are made, such arrangements shall be in writing, and second party's obligation thereunder shall be evidenced by negotiable paper. 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 (1o)days after arrival at destination, and a written report of such test forthwith delivered to the first parry at its principal office at Appleton,Wisconsin. If no such test be made, or is no such report be made by the second party within ten (1o) days after arrival, then said apparatus and equipment shall be considered as fully complying with contract specifications. 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 parry 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 written agreement signed by the parties. IN WITNESS WHEREOF, the said parties have caused these presents to be executed and the second parry has caused its seal to be affixed, and attested by its authorized representative on this PIERCE MANUFACTURING INC. City of Waterloo, Iowa By� BY Date ofAccep a