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Home My WebLink About06-014 - Pierce Manufacturing - Fire Department Aerial Apparatus• /46 06, -oil CONTRACT THIS AGREEMENT, made by and between Pierce Manufacturing Inc., Appleton, WI,- first party, and the - - - City of Tukwila, Washington 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 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, within about 230 to 260 calendar days after the receipt and acceptance of this contract at the first party's office at Appleton, Wisconsin, delays due to strikes, failures to obtain chassis, materials or other causes beyond its control not preventing, and shall be delivered to said party of the second part at Tukwila facility located in Tukwila, Washington Fifth. A competent serviceman shall upon request, be furnished by 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 ***** Eight Hundred Forty Seven Thousand, Eight Hundred Ninety Two and 00/100 ***** Dollars ($ 847,892.00• ) 861,514.00 One (1) Dash 100' Platform, per proposal DH6021 submitted 12/29/05 - 8,238.00 Less chassis payment discount - 5,384.00 Less aerial device payment discount $ 847,892.00 Total Contract Amount Contract amount does not include Washington State sales tax and new vehicle tax, which will be added to the final invoice at the prevailing rate at time of delivery. 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 arrangementsaaare made, such arrangements shall be in writing, and second party's obligation there under --t 1 1 ft tt rd b-rk,g-tittaKL-p {'— - -- . . Mit 6L CONTRACT A chassis payment in the amount of $274,606.00 is due 3 months prior to the estimated ready for pick-up date of the completed apparatus. If payment is not made at this time $8,238.00 will be added to the final invoice. An invoice will be provided prior to payment due date. An aerial device payment in the amount of $267,796.00 is due 2 months prior to the estimated ready for pick-up date of the completed apparatus. If payment is not made at this time $5,384.00 will be added to the final invoice. An invoice will be provided prior to payment due date. If more than one piece of apparatus is covered by this each piece, and an invoice covering each piece shall be rendered Seventh. In case the second party desires to test the after arrival at destination, and a written report of such test office at Appleton, Wisconsin. If no such test be made, or if (10) days after arrival, then said.apparatus and equipment shall specifications. Eighth. It is agreed that,the apparatus and equipment the first party until the entire contract price has been paid, contract, then each piece shall remain the property of the first been paid in full, and in case of,any default in payment the equipment, or of the piece or pieces upon which default has shall be applied as payment for the use of the apparatus and Ninth. This contract to be binding must be signed or someone authorized by it to do so. This contract and specifications negotiations and no representations are considered as entering the specifications attached hereto. This contract cannot be by the parties. IN WITNESS WHEREOF, the said parties have caused has c used its seal to be affixed, and attested by its authorized 2006 . contract, the above terms of payment shall apply to in the proper amount. apparatus, such test shall be made within ten (10) days forthwith delivered to the first party at its principal no such report be made by the second party within ten be considered as fully complying with contract covered by this contract shall remain the property of but if more than one piece of apparatus is covered by this party until the above listed price for such piece has first party may take full possession of the apparatus and been made, and any payments that have been made equipment up to date of taking possession. and approved by an officer of Pierce Manufacturing Inc , take precedence over all previous into this contract except as are contained herein or in altered or modified except by mutual agreement signed these presents to be executed anal the second party representatives on this 17 day of of the City of(Tukwila, Washington Theayor MA • TSR G ► By ` %, VA � `� //JJi (Seal) PIER' . f Steven M. Mullet By ./ Date o serce a —og— o Appro Vaeto LSS 4o -Fre • oftiss: .f- .i-- C-4 !tf foU'm`tr iOpppiezce PERFORMANCE AND PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, THAT, Pierce Manufacturing Inc. 2600 American Drive, PO Box 2017 • TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford, Connecticut 06156 AG' O14-- CIY Bond Number 104670500 Appleton, WI 54913-2017 (hereinafter called Principal), as Principal, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Connecticut with its principal office in the City of Hartford, Connecticut, (hereinafter called Surety), as Surety, are held and firmly bound unto City of Tukwila, Washington 444 Andover Park East Tukwila, WA 98188 (hereinafter called the Owner), and to all persons who furnish labor or material directly to the Principal for use in the prosecution of the work hereinafter named, in the just and full sum of Eight Hundred Sixty One Thousand Five Hundred Fourteen Dollars and 00/100 Dollars ($ 861,514.00 ), to the payment of which sum, well and truly to be made, the said Principal and Surety bind themselves, and their respective heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 25th day of February , 2006 for One (1) Pierce Dash 2000 Midmount Aerial Platform which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall fully indemnify the Owner from and against any failure on his/her part faithfully to perform the obligations imposed upon him/her under the terms of said contract free and clear of all liens arising out of claims for labor and material entering into the work, and if the said Principal shall pay all persons who shall have furnished labor or material directly to the Principal for use in the prosecution of the aforesaid work, each of which said persons shall have a direct right of action on this instrument in his/her own name and for his/her own benefit, subject, however, to the Owner's priority, then this obligation to be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that no action, suit or proceeding shall be had or maintained against the Surety on this instrument unless the same be brought or instituted and process served upon the Surety within two years after completion of the work mentioned in said contract, whether such work be completed by the Principal, Surety or Owner; but if there is any maintenance period provided in the contract for which said surety is liable, an action for maintenance may be brought within two years from the expiration of the maintenance period, but not afterwards.. IN WITNESS WHEREOF the said Principal and Surety have signed and sealed this instrument this 25th day of February , 2006 Witness Witness By Pierce Man de; t/� TR V LE'$ . UALT(11 � , OMRANY OF AMERICA By �.I (SEAL) Ri•lard J. DeVries " ' , Attorney -In -Fact Surety (SEAL) Principal