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MA NUFACTURING INC. January 10, 1992 Chief Phil Gatlin MOSCOW FIRE DEPARTMENT 603 S. Main Street Moscow, ID 83843 Subject: New Fire Apparatus Dear Chief Gatlin: We acknowledge, with thanks, the contract covering ONE PIERCE LANCE CUSTOM PUMPER, our Shop Order Number E-7326. We are pleased to formally accept this order and enclose a signed copy of contract for your files. Also, enclosed is a 100% Performance Bond in the amount of $197,075.00 per your request. The opportunity to place this PIERCE apparatus in your fire department is greatly appreciated and we are certain it will fulfill your every requirement. Yours very truly, PIERCE MANUFACTURING INC. Harry K. Tompkins Sales Manager HKT/jkr enc. cc: Howell • 2600 AMERICAN DRIVE· P.O. BOX 2017 ·APPLETON, WISCONSIN 54913 • [PHONE REDACTED] ---PAGE BREAK--- U!NIliiED Sll A liES FIIDEU 5UIAIR.ANTY COMIPANY PERFORMANCE BOND Approved by The American Institute of Architects A. I. A. Document No. A-311 (February 1970 Edition) BOND NUMBER . KNOW ALL MEN BY THESE PRESENTS: That :P.I.F;.R.Qw MAN.:9.f.AGJ.Y..J1Iø.9 · . r :s.mé f.O.E% APP1J;;J.O.r..,. . W.Iû_g.C?.l':l.&.JN. as Principal, hereinafter called Contractor, and UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland, Baltimore, Maryland, as Surely, hereinafter called Surety, are held and firmly bound unto MO..öf9W f.J.ï.r; Jm.P.AR.:P:P.!!N.Iñ §9..ì . MA.-.;m . IP.AB.Q as Obligee, hereinafter called Owner, in the amount of Q.N..r; JH!.N.P..B.J;:.P. NJNJ,<;:J;X $..ðY.F;.N TH.9.P.!.ANP. $.ò.Y.-ó.ô.'fX F..f.:Y.ê A.I\!P. Dollars QQ . J, for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS,. Contractor has by written agreement dated J.íP.AîX J.Q.> 19 2? entered into a contract with Owner for ONE PIERCE LANCE CUSTOM PUMPER in accordance with drawings and specifications prepared by . (Here insert full name, title and address) , which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE. THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may remedy the default, or shall Complete the Contract in accordance with its terms and conditions, or Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the row· est responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. Signed and sealed this .1.3th . . . . . . . . . . . . . . . . day of . . . . . . . . . . . . . . . . . . . JAl'JPA.RY . . . . . . . . . . . . . . , 19.92. In the presence of: .6.CNef:;l..1f . . · · Contract 21 1 (2·70) By ---PAGE BREAK--- CERTIFIED COPY GENERAL POWER OF ATTORNEY No. _ _ _ _ _ _ _ Know all Men by these Presents: That UN !TED STATF.S FmELITY AND GlJ A RANTY CO:\! I' ANY, a corporation orİanizrd and <'xistin,:; und<'r th!' laws of the State of Maryland, and having it' principal office at th,. City of ilaltimorl', in the State of I\Iaryland, dot·s hereby constitute and appoint John M. Lundquist, T.i.m:>thy R. Nickels, Mary M. VandenBurgt, Richard J. DeVries, Vione L. Shane and Esther M. Endres of the City of Appleton , State of Wisconsin its true and lawful attorneys v for thr followinı purposrs, to wit: To 'ign it' nanH' a' •urety to. anthy R. Nickels and the said Mary M. VandenBurgt and the said Richard J. DeVries and the said Vione Shane aTld tl1e said Esther M. Endres may lawfully do in the pr!'mise!' hy virtue of these presents. In Witnes.´ Whereof. the 'aid UNITED STATES FIDELITY Al'iD GUARANTY COJ\!PANY has caused this instcument to be sealed with it!' corporate seal, duly attested uy the signatures of its Vice-Pr sident and Assistant Secretary. this 7th day of June • A. D. 19 91 lJNITED STATES FJDELJTY AND GUARANTY COMPANY. (Signed J W.J.D. Somerville, Jr. By . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vice-President. (SEAL) Paul D. Sins (Signed) Assistant Secretary. STATE OF \YARYLAND. ss: BALTJ:\10RE C!TY. On this 7th day of June , A. D. 19 91 before mP personally came W.J.D. Sc:merville, Jr. . Vicc·Preijident of the UNITED STATES FIDELITY AND GUARANTY CO\IPANY and Paul D. Sins . Assistant Secretary of said Company, with both of whom I am personally acquainted. who being by mĴ ĵevĶrally duly sworn, said that they, the said W .J.D. Sc:rre:rville, Jr. and Paul D. Sins were respectively the Vice-President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY CO\IPANY. thr· corporation described in and which ex<'cuted tlw forep:oing Power of Attorney; that tlu·y eal'h kn<'w the s!'al of >aid that the sl'al affixed to said Pow<'r of Attotn<'y was such corporal,. seal, that it was ķo fixNI hy order of tlw Board of Direeton< of said corporation, and that they signed their names thereto by like order as Vice-President and As'-istant Secrl'lary, respt'ctively, of tlw Company. J\Iy commission expin·' the first day inĸ- D. August, CSEALl EDna L. Rubright (Signed) Notary Public. FS 3 (1-87) ---PAGE BREAK--- PURCHASE CONTRACT This agreement made this \D-ç day of -ranuor4 1992, by and between Pierce Manufacturing, Inc., - Appleton, Wisconsin, hereinafter referred to as 'Pierce' and the City of Moscow, a municipal corporation in the State of Idaho, hereinafter referred to as the 'City'; WITNESSETH: 1. 'Pierce' agrees to furnish one Pierce Lance 1500 GPM custom pumper with 750 gallon booster tank and with Elkhart 240 foam system, hereinafter referred to as 'apparatus', according to the specifications hereto attached and made a part of this agreement as 'Exhibit and to deliver the same as hereinafter provided. 2. 'Pierce' agrees to install, manufacture, and provide all material, parts and accessories in a good and workman like manner and shall comply with all specifications. Both parties agree that the 'apparatus' shall be manufactured in compliance with all Federal Department of Transportation {DOT) rules and regulations in effect at the time the agreement is entered into, and with all National Fire Protection Association (NFPA) guidelines. If during the manufacturing of the apparatus any rule or guideline should change requiring an alteration or change in the specifications, 'Pierce' shall have the right to alter said specifications to comply with the {DOT) rule or (NFPA) guideline change. Any other change or alteration to the specifications shall require the consent of the 'City', which shall not be unreasonably withheld. Any increased cost incurred by 'Pierce' because of changes or alteration due to (DOT), (NFPA), or 'City' modifications shall be borne by the 'City'. 3. The standard 'Pierce' warranty will apply to the apparatus and 'Pierce' agrees to transfer and ensure that all available warranties are passed onto the 'City'. Said warranty is attached and made a part hereto as 'Exhibit 4. The apparatus shall be ready within three hundred and sixty-five (365) calendar days of the date of this agreement, and 'Pierce' agrees to deliver the same to the 'City' in Moscow, Idaho. Cost of delivery shall be borne by 'Pierce'. ---PAGE BREAK--- 5. The 'City' hereby purchases and agrees to pay for the 'apparatus' in the total amount of one hundred ninety seven thousand and seventy-five dollars ($197,075.00). 'Pierce' shall make available upon request a serviceman to demonstrate and train 'City' personnel in the operation and handling of said apparatus without cost. Payment is due upon acceptance of the apparatus in Moscow, Idaho. 6. Acceptance of the apparatus will occur within ten days of testing and certification of the apparatus by the Idaho Survey and Rating Bureau or within thirty days after arrival of the apparatus in Moscow, Idaho whichever shall first occur. The written test report shall be delivered to 'Pierce' at its home office in Appleton, Wisconsin. If no testing is made, or no test report is made by the 'City' within thirty (30) days after arrival, then the apparatus shall be considered as complying with all contract specifications. 7. This agreement and its exhibits constitute the final expression of the agreement of the parties and supersedes all previous agreements and understanding, whether written or oral, relating to this purchase. This agreement may only be altered, amended or modified by a signed writing by both parties. 8. If any portion of this agreement or its exhibits hereto is held to be invalid, such provision shall be considered severable, and the remainder of this agreement or any provisions shall not be affected. 9. The terms of this lease shall be binding on the heirs, executors, administrators and assigns of both parties in a like manner as upon the original parties hereto. 10. If 'Pierce' fails in any manner to fully perform and carry out each and all of the terms, covenants and conditions of this agreement, 'Pierce' shall be in default and notice in writing shall be given of such default. If 'Pierce' fails to cure such default within thirty (30) days of said notice the 'City' may at its option terminate and cancel this contract, and at the expense to 'Pierce' complete this agreement or cause the same to be completed. In the event of termination, all monies due under this agreement shall be retained by the 'City' but such retention shall not release 'Pierce' from liability for its default. Such election shall not affect or terminate any of the rights the 'City' has against 'Pierce' thereon existing or which may accrue, and the foregoing shall be in addition to all other rights and remedies available to the City. ---PAGE BREAK--- The waiver of a breach of any term, covenant or condition shall not operate as a waiver of any subsequent breach of the same or any term, covenant, or condition. In witness whereof, the parties have executed and used _ it seal to be affixed on this U'Z-aay of j_ W'..Læ