HomeMy WebLinkAbout2008-020 Pierce Manufacturing fire truck �GPJIC�
CONTRACT
THIS AGREEMENT, made by and between Pierce Manufacturing Inc., Appleton, WI, first party,
and the City of Atascadero by its authorized representative, second party
WITNESSETH:
First. The said first party hereby agrees to fumish 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 Bradenton,
Florida, within about two hundred forty (240) days after the receipt and acceptance of this
$71'1,Z9socontract. The said apparatus shall be the Pierce Contender Wildland unit work order number
73 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 6005
Lewis Avenue, Atascadero, California.
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 Two Hundred Fifty-nine Thousand Three Hundred Ninety-eight Dollars
($259,398) plus Eighteen Thousand Eight Hundred Six Dollars ($18,806) for California State
Sales Tax within fifteen (15) days of delivery of the completed apparatus to above listed
address As a second alternative, the second party may elect to pay the sum of Two Hundred
Fifty-three Thousand Two Hundred Sixty-three Dollars ($253,263) plus Eighteen Thousand
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Three Hundred Three Dollars ($18,362) for California State Sales Tax before September 16,
2008.
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 Manufacturer's 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.
IN WITNESS WHEREOF, the said parties have caused these presents to be executed
and the second party has paused its seal to be affixed, and attested by its authorized
representatives on this--Q—day of
PIE CE C RI NC CU E
By
�y_11 (Seal)
Date ptance_Z 1 _ Wade M. McKiIm
ney, City Ma ger
�' City of Atascadero