HomeMy WebLinkAboutContract #: 1241 - From: 09-09-2019 To: 08-30-2019 - Minuteman Fire and Rescue Apparatus, Inc. - Fire TOWN OF NORTH ANDOVER
STANDARD SHORT FORM CONTRACT DOCUMENT
CONTRACT NO,
Contractor Legal Name: Town Department Name:
Minuteman Fire And Rescue Apparatus,Inc. Fire Department
..........
Contractor Address. Mailing Address:
2181 Providence Highway 120 Main Street
Walpole,MA 02081 North Andover,MA 01849
Contractor Vendor ID:
Contract Details:
Description of Scope(Attach support documentation)
Purchase of Pierce Enforcer,Body Type: 1500 GPM Pumper
Begin Date: t 2019 End Data:May 2020
The veIdelewT11T'bP' -e'delivered within 8-9 Months of execution of the contract.
Rate:$ to-11 Not to Exceed Amount.$617,357.00
Conti-act Signatures
Finance Director Contractor Department Head
Approved as to the availability of AGREES TO PROVIDE THE ATTACH ALL REQUMD
appropriations GOODS OR SERVICES AS DOCUMENTS
INDICATED ACCORDANCE
WITH THESE CONTRACT
DOCUMEMIS AS DEFINED IN
THE NORTH ANDOVER
In the amount of STANDARD CONTRACT
GENERAL CONDITIONS
Si Si turc Cc,L Signature
Date: Title: Title;
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Daft Cq--,(),5 - If Date: 9'-/0
nma r'. Town Counsel Approved as to
Form-
Date: Date:
TOWN OF NORTH ANDOVER
STANDARD CONTRACT GENERAL CONDITIONS'
Article I. Definition of Terms: The following terms in these Contract Documents shall be construed as follows:
2."Town"shall mean the Town of North Andover,Massachusetts
3. "Contract,Agreement,and Contract Documents"shall include the To m's Standard Contract General
Conditions,the Invitation for Bids,Requests for Proposals or other solicitations,the contractors response including
Contract Certifications and Applications excluding any language stricken by the Town as unacceptable and
including any negotiated statements of work contemplated by the solicitation,Technical Proposals,Contractor's
Price Proposals,Performance Bonds,which documents are Incorporated herein by reference. Any conflict between
the Town's standard contract general conditions and the Contractor's bid proposal or any other submission will be
resolved in favor of the Town's standard contract general conditions which shall preempt all other submittals.
,"Contractor"shall mean the individual,partnership,corporation or other entity to which this Contract is
awarded.
Article II.Performance: The Contractor shall provide the services to undertake and perform all appropriate tasks
described in the Contract Documents. The Contractor shall upon written request remove from Town premises or
work sites and replace all individuals in the Contractor's employ whom the Town determines to be disorderly,
careless or incompetent or to be employed in violation of the terms of this Contract, Performance under this
contract shall include services rendered,obligations due,costs incurred good and deliverable proved and accepted
by the Town. The Town shall have a reasonable opportunity to inspect all goods and delivers,services performed
by and work product of the Contractor and accept or reject such goods,deliverable,services or work product,
Article III.Time of Performance: The Contractor shall commence work Immediately upon execution of this
Agreement If the Contractor fails to work at a reasonable speed or stops work altogether without due cause,as
determined by the Town,the Town may give notice in writing to proceed with the work or to carry on more
speedily. Three days after presentation of the notice if the work is not proceeding to the satisfaction of the Town,
the Contractor shall be considered in default in the performance of the Contract. This Agreement may be extended
or renewed upon agreement of the parties and only upon execution of written agreement.
Article IV. Revisions in the Work to be Performed: If the Town requires revisions or other changes to be made
In the scope or character of the work to be performed,the Town will promptly notify Contractor.For any changes to
the scope of work,the Contractor shall notify the Town of associated costs in writing. The Contractor shall make
the necessary changes only upon receipt of a written acceptance of the costs and a written request from Town. The
Contractor shall not be compensated for any services involved in preparing changes that are required for additional
work that should have been anticipated by Contractor in preparation of the bid documents as reasonable determined
by the Town.
Article V. Payment for Services: The Town shall make payment to the Contractor as on the schedule and based
on the milestones and deliverables set forth in the Contract Documents or on a periodic basis.
Article VI. Ownership and Confidentiality of Material,Work Products: All information,data,reports,
studies,designs,drawings,specifications,materials,computer programs,documents,models,inventions,equipment,
and any other documentation,product of tangible materials to the extent authored or prepared pursuant to this
Contract(collectively,the"Materials"),shall be the property of the Town. All Contractor proprietary rights shall be
detailed in the Contract Documents, At the completion or termination of this Contract copies of all original
Materials shall be promptly turned over to the Town.Once the Town has paid for a particular Material,ownership
vests in Town and the Contractor must provide such Materials to Town within ten(10)business days of the Town's
request for the same without cost to the Town. The Town may use the Materials with respect to construction,
maintenance,repair,alteration,expansion,modification and reconstruction of the Project at any time and from time
to time. The Town may use the Materials produced,generated or compiled by the Contractor for•another project,
provided the Contractor shall not be responsible for changes made to the drawings,plans,or specifications without
the Contractor's authorization,nor for the Town's use of the drawings,plans or specifications on another project.
The Town agrees,to the extent permitted by law,to hold the Contractor harmless 8•om any claims,losses arising out
of any use or changes to the Materials by the Town or its representatives during any other construction not a part of
this contract. The Contractor shall not use such materials for any purposes other than the purpose of this Contract
r These Standard Contract General Conditions apply to contracts procured pursuant to M.G.L.c. 30B or for exempt
good and services.
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without prior written consent of the Town.
Article VIL Release of Town: The Contractor agrees that acceptance of what the Town tenders as the final
payment for final services under this Agreement shall be deemed to release of the Town forever from all claims,
demands,and liabilities arising fiom,out of,or in any way connected with this Agreement. The Contractor shall
execute a release if asked to by the Town.
Article VIII. Indemnification: The Contractor shall indemnify,defend and hold harmless the Town and all of its
officers,agents and employees,with counsel acceptable to the Town,flom all suits,claims,demands,losses and
liabilities brought against them or based upon or arising out of any act or omission of the Contractor,its agents,
officers,employees,or subcontractors in any way connected to this Agreement. The Contractor agrees that it shall
be solely responsible for the conduct,health,and safety of its employees during the term of this contract and shall
hold the Town harmless for any Injuries,damages or losses incurred by its employees while working on this project.
The Contractor's agreement to indemnify the Town shall not be deemed to be released,waived or modified in any
respect by reason of any surety or insurance provided by the Contractor under the Agreement.
Article 3X. Insurance: The Contractor shall secure and maintain insurance adequate to meet its obligations
hereunder and shall provide the Town with certification of such.The Contractor shall at its own expense maintain
motor vehicle liability insurance policies,workers compensation,and general liability coverage.For Contracts for
professional services,the Contractor shall carry professional liability or Errors and Omissions liability insurance
with a minimum limit of$1,000,000.00 per occurrence,$2,000,000.00 aggregate with a maximum deductible of
$25,000.00.
Article X.Assignment; I The Contractor shall not assign,transfer,delegate or subcontract any interest In this
Agreement without the prior written consent of the Town.
Article M. Relationship with the Town: All services to be performed under the terms of this contract will be
rendered by the Contractor as an independent Contractor. None of the terms of this contract shall create a principle-
agent,master-servant or employer-employee relationship between the Town and the Contractor. The Contractor
shall have no capacity to bind the Town in any contract nor to incur liability on the part of the Town and if the
Contractor employs or proposes to employ any person during the term of this contract,the employment or proposal
shall not obligate the Town in any manner to any such employee.
Article XH.Compliance with Laws and Contractors Responsiblllties: The Contractor certifies that it and its
subcontractors has complied with all applicable laws and is eligible to work in the Commonwealth of Massachusetts
and that it Is in compliance with Federal and State Tax laws. The Contractor shall not discriminate against any
employee,or applicant for employment because of race,age,color,religious creed sexual orientation or
identification,handicap,ancestry,sex or national origin. The Contactor will in all solicitations or advertisement
form employees placed by or on behalf of the contractor,state that all qualified applicants wilt receive equal
consideration for employment without regard to race,age,color,religious creed,sexual orientation or identification,
handicap,ancestry sex or national origin. If applicable,as determined by the Massachusetts Department of Labor
Standards,the Contractor shall comply with the Massachusetts Prevailing Wage an shall cause its subcontractors to
comply with M.O.L.c. 149,s.2713,which requires that a true and accurate record be kept of all person employed on
a project for which the prevailing wage rates are requires. The Contractor shall and shall cause its subcontractors to
submit weekly copies or their weekly payroll records to the City,the extent the Prevailing Wage is applicable.
If an employer,the Contractor certifies compliance with applicable state and federal employment laws and
regulations,including but not limited to minimum wages and prevailing wages programs and payments,
unemployment insurance and contributions,workers compensation and insurance,child labor laws,human
trafficking,fair labor practices,civil rights laws,non-discrimination laws and any and all other applicable laws.
The Contractor agrees to be responsible for and warranty the work of its subcontractors listed in the Contract
Documents and to ensure their compliance with all applicable legal,quality and performance requirements of the
Contract Documents. The Contractor may not use subcontractors not named in the Contract Documents without the
prior written consent of Town,which will not unreasonably be withheld. The Contractor agrees to pay all debts for
labor and/or services and materials contracted by it,If any,and for the rental of any office space,equipment or
machinery hired by It,If any,for and on account for the services to"be performed hereunder. The Contractor shall
not take any action that causes any public official to be in violation of the State Ethics Law,M.O.L.o.268A. The
Contractor certifies that it and its subcontractors are not currently debarred or suspended by the U.S,government,
the Commonwealth or any of its subdivisions,and that it nor any of its subcontractors have been subject to a federal
or state criminal or civil judgement,administrative citation,order for violation of M.G.L.c. 149,s. 151 or the Fair
Labor Standards Act within three years prior to the date of the contract. The Contractor certifies that It has not
declared bankruptcy.
Article X1I1. Severability: In the event any provision of this Agreement is found by a court of appropriate
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jurisdiction to be unlawful or invalid,the remainder of the Agreement shall remain and continue in ful I force and
effect.
Article XIV. Termination of Agreement: The Town may terminate this Agreement upon immediate written
notice should the Contractor fail to perform substantially in accordance with the terms of the Agreement with no
fault athibutable to the other. In the event of a failure to materially perform by the Contractor the notice of such
breach shall be accompanied by the nature of the failure,and the Town shall set a date at least 10 days later by
which Contractor shall cure the failure. If the Contractor fails to cure within the time as may be required by the
notice,the Town may at its option,terminate the Agreement. The Town may terminate this agreement without
cause at any time,effective seven days beyond a termination date stated in a written notice of termination. In the
event of termination,the Contractor shall be compensated for work product and services performed prior to the date j
of termination. In no event shall the Contractor be entitled payment for any services performed after the effective
date of termination,and under no circumstances shall the total price exceed the contract price.
Article XV. Governing Law and Jurisdiction: This Agreement shall be governed by the laws of the
Commonwealth of Massachusetts. Any actions arising out of this contract shall be brought in a state or federal court
in the County of Essex,Commonwealth of Massachusetts,which shall have exclusive jurisdiction thereof.
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T{M1--.No ol..—
PURCHASE AGREEMENT
This Purchase Agreement(together with all attachments referenced herein,the"Agreement"),made and entered into
by and between Minuteman Fire and Rescue Apparatus,Inc.d/b/a Minuteman Fire and Rescue Apparatus ("Dealer"),
and The Town of North Andover.MA,a Massachusetts municipality("Customer")is effective as of the date specified
in Section 3 hereof.
1.Definitions.
a. `Product"means the apparatus described in Exhibit"A"which is attached to the Agreement and made a part hereof,
along with any associated equipment furnished for the Customer by Dealer pursuant to the Specifications.
b. {°Specifications" means the general specifications,technical specifications,training, and testing requirements for the
Product contained in the Dealer Proposal for the Product prepared in response to the Customer's request for proposal.
C. "Dealer Proposal"means the proposal provided by Dealer attached as Exhibit C which is attached to the Agreement
and made a part hereof,prepared in response to the Customer's request for proposal.
d. "Delivery"means the date Dealer is prepared to make physical possession of the Product available to the Customer.
e. "Acceptance"The Customer shall have the opportunity,as described in Section 8(b)below,to inspect the Product for
substantial conformance with the material Specifications; unless Dealer receives a Notice of Defect within the time
frame described in Section 8(b),the Product will be deemed to be in conformance with the Specifications and accepted
by the Customer.
2.Purpose. This Agreement sets forth the terms and conditions of Dealer's sale of the Product to the Customer.
.Term of Agreement. This Agreement will become effective on the date it is signed and approved by both Customer and Dealer,
which ever date is later("Effective Date") and, unless earlier terminated pursuant to the terms of this Agreement, it will be
deemed satisfactorily performed by the Dealer upon the Customer's Acceptance and payment in full of the Purchase Price.
4. Purchase and Payment. The Customer agrees to purchase the Product specified on Exhibit A for the total purchase price of
$646.782.00 ("Purchase Price").Prices are in U.S.funds.
5.Future Changes/Changes to pecifications.Various state or federal regulatory agencies(e. .NFPA,DOT,EPA)may require
changes to the Specifications and/or the Product and in any such event any resulting cost increases incurred to comply therewith
will be added to the Purchase Price shall be paid by the Customer. In addition, any future drive train upgrades (engine,
transmission,axles, etc.),or any other specification changes have not been calculated into the manufacturer's annual increases
and will be provided at additional cost. To the extent practicable,Dealer will document and itemize any such price increases for
the Customer. If,subsequent to the Effective Date of this Agreement: 1)the manufacturer of the Apparatus(or a manufacturer
of a component therein)makes design and/or production changes,including,but not limited to future drive train upgrades(such
as engine,transmission or axle upgrades)("Manufacturer Modifications"); or 2)design or production changes are made to the
Apparatus to comply with any applicable government regulation(such as the Federal Motor Vehicle Safety Standards or the
Environmental Protection Agency Emissions Standards) or industry standards (such as those adopted by the National Fire
Protection Association)(cumulatively referred to hereinafter as"Compliance Modifications"),and if there is an increase in costs
to Dealer as a result of Manufacturer Modifications or Compliance Modifications, the Purchase Price shall be automatically
adjusted to reimburse Dealer for said costs.Dealer shall make reasonable efforts to advise the Customer of such changes within
a reasonable time and provide documentation to support any changes in price to Customer upon request. In addition,Customer
and Dealer may agree to make changes to the Specifications,but any such changes must be by written change order signed by
Customer and Dealer("Change Order'J.
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6.Agreement Changes, The Customer may request that Dealer incorporate a change to the Products or the Specifications for the
Products by delivering a change order to Dealer;provided,however,that any such change order must be in writing and include
a description of the proposed change sufficient to pennit Dealer to evaluate the feasibility of such change("Change Order").
Within fifteen (15) business days of receipt of a Change Order, Dealer will make diligent efforts to inform the Customer in
writing of the feasibility of the Change Order,the earliest possible implementation date for the Change Order,of any increase or
decrease in the Purchase Price resulting from such Change Order,and of any effect on production scheduling or Delivery resulting
from such Change Order.Dealer shall not be liable to the Customer for any delay in performance or Delivery arising from any
such Change Order. A Change Order is only effective when counter-signed by Dealer's authorized representative.
7. Cancellation/Termination. In the event this Agreement is cancelled or terminated by a party before completion,Dealer may
charge a cancellation fee. Customer acknowledges and agrees that: 1)the Product is a unique and highly customized vehicle,
made specifically for Customer; 2)Dealer has invested a significant effort and incurred significant expense in the design and
engineering of the Product for the Customer;3)due to its unique and customized nature,resale of the Product will be difficult to
sell to a third-party without a significant loss to the Dealer;4)that the actual damages that Dealer will incur are unknown at the
time of the signing of this Agreement; and 5) the parties agree that the schedule of liquidated damages as set forth in this
Agreement are reasonable. As a result,Dealer and Customer agree that the following charge schedule based on costs incurred
shall be applied:(a) 10%of the Purchase Price after order is accepted and entered by Dealer;(b)20%of the Purchase Price after
completion of approval drawings, and; (c)30%of the Purchase Price upon any material requisition. The cancellation fee will
increase accordingly as costs are incurred as the order progresses through engineering and into manufacturing.
8.Delivery.Inspection and Acceptance. (a)I)elive . Delivery of the Product is scheduled to be within 10.0-11.0 months of the
Effective Date of this Agreement,F.O.B.North Andover Fire Department,Massachusetts. Risk of loss shall pass to Customer
upon Delivery. (b) inspection and Acceptance. Upon Delivery, Customer shall have ten (10) business days within which to
inspect the Product for substantial conformance to the material Specifications, and in the event of substantial non-conformance
to the material Specifications to furnish Dealer with written notice sufficient to permit Dealer to evaluate such non-conformance
("Notice of Defect"). Any Product not in substantial conformance to material Specifications shall be remedied by Dealer by
putting the Manufacturer on written notice of such non-conformance. In the event Dealer does not receive a Notice of non-
conformance within ten(10) business days of Delivery, Product will be deemed to be in conformance with Specifications and
accepted by Customer.
9.Notice. Any required or permitted notices hereunder must be given in writing at the address of each party set forth below,or
to such other address as either party may substitute by written notice to the other in the manner contemplated herein,by one of
the following methods:hand delivery;registered,overnight mail by a recognized overnight carrier,or certified mail,return receipt
requested,postage prepaid;or nationally-recognized private express courier:
Dealer: Customer:
Minuteman Fire and Rescue Apparatus.Inc. Town of North Andom
2181 Providence Hi way North Andover Fire Department
Walpole,Massachusetts 02081 120 MWaSk0L_
: - 1 North Andover.MA 01845
10. Standard Warranty.Any applicable manufacturer warranties are attached hereto as Exhibit B and made a part hereof. Any
additional warranties must be expressly approved in writing by Dealer's authorized representative.Unless provided otherwise in
writing and signed by Dealer,no other warranties are provided other than the applicable manufacturer's warranties.
a. Disclaim . OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER DEALER, ITS
AFFILIATES, SUBSIDIARIES, LICENSORS OR SUPPLIERS, THEIR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, SHAREHOLDERS, AGENTS OR REPRESENTATIVES, MAKE ANY EXPRESS OR IMPLIED
WARRANTIES WITH RESPECT TO THE PRODUCTS PROVIDED HEREUNDER OR OTHERWISE REGARDING THIS
AGREEMENT, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING THE
FOREGOING, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, THE IMPLIED WARRANTY
AGAINST INFRINGEMENT, AND THE IMPLIED WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR
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PURPOSE ARE EXPRESSLY EXCLUDED AND DISCLAIMED.STATEMENTS MADE BY SALES REPRESENTATIVES
OR IN PROMOTIONAL MATERIALS DO NOT CONSTITUTE WARRANTIES.
b.Exclusions of Incidental and Consequential Damages, In no event shall Dealer be liable for consequential,incidental
or punitive damages incurred by Customer or any third party in connection with any matter arising out of or relating to this
Agreement, or the breach thereof, regardless of whether such damages arise out of breach of warranty, tort, contract, strict
liability,statutory liability,indemnity,whether resulting from non-delivery or from Dealer's own negligence,or otherwise.
11.Manufacturer's Insurance:
PRODUCT LIABILITY INSURANCE
The manufacturer shall,during the performance of the contract and for three
(3)years following acceptance of the product,keep in force at least the following minimum limits of Product
Liability insurance:
Each Occurrence $1,000,000
Products/Completed Operations Aggregate $1,000,000
Coverage shall be written on a Commercial General Liability form.The policy shall be written on an occurrence form.
The manufacturer's policy shall include the owner as additional insured when required by written contract between the
Owner and a Pierce dealer.
UMBREI.LA/EXCESS LIABILITY INSURANCE
The manufacturer shall,during the performance of the contract and for three
(3)years following acceptance of the product,keep in force at least the following minimum limits of umbrella
liability insurance:
Each Occurrence: $25,000,000
Aggregate: $25,000,000
The required limits can be provided by one(1)or more policies provided all other insurance requirements are met.
Coverage shall be provided by a carrier(s)rated A-or better by A.M.Best.
All policies shall provide a 30-day notice of cancellation to the named insured.The Certificate of Insurance shall provide the
following cancellation clause: Should any of the above described policies be cancelled before the expiration date thereof,
notice will be delivered in accordance with the policy provisions.
Manufacturer agrees to furnish owner with a current Certificate of Insurance with the coverages listed above along with the
bid.The certificate shall show the purchaser as the certificate holder.
12.Force Majeure. Dealer shall not be responsible nor deemed to be in default on account of delays in performance due to causes
which are beyond Dealer's control which make Dealer's performance impracticable, including but not limited to civil wars,
insurrections,strikes,riots,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,facilities or completed products,failure to obtain any required license or certificates,acts of God
or the public enemy or terrorism, failure of transportation, epidemics, quarantine restrictions,failure of vendors(due to causes
similar to those within the scope of this clause) to perform their contracts or labor troubles causing cessation, slowdown, or
interruption of work.
13.Default. The occurrence of one or more of the following shall constitute a default under this Agreement: (a)the Customer
fails to pay when due any amounts under this Agreement or to perform any of its obligations under this Agreement;(b)Dealer
fails to perform any of its obligations under this Agreement;(c)either party becomes insolvent or become subject to a bankruptcy
or insolvency proceedings;(d)any representation made by either party to induce the other to enter into this Agreement is false in
any material respect;(e)the Customer dissolves,merges,consolidates or transfers a substantial portion of its property to another
entity;or(f)the Customer is in default or has breached any other contract or agreement with Dealer.
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14.Manufacturer's Statement of Origin/Security Interest. It is agreed that the manufacturer's statement of origin("MSO")for
the Product covered by this Agreement shall remain in the possession of Dealer until the entire Purchase Price has been paid.If
more than one Product is covered by this Agreement,then the MSO for each individual Product shall remain in the possession of
Dealer until the Purchase Price for that Product has been paid in full. In case of any default in payment, Dealer may take full
possession of the Product by any lawful means and shall be entitled to any additional damages sustained by the Dealer,including,
but not limited to,reasonable attorney's fees and costs.
15.In emnit . To the extent permitted by law,Customer shall indemnify,defend and hold harmless Dealer and all of its officers,
directors,employees,representatives,dealers,agents and subcontractors,from and against any and all claims,costs,judgments,
liability, loss,damage,attorneys' fees or expenses of any kind or nature whatsoever(including, but without limitation,relating
to personal injury or death) caused by, resulting from, arising out of or occurring directly or indirectly in connection with
Customer's purchase,operation,ownership,installation or use of any items(including,without limitation,the Apparatus)sold or
supplied by Dealer,except only to the extent caused by the sole negligence of Dealer.
16. Severability. If any provision, or part hereof, of this Agreement shall be declared invalid by judicial determination or
legislative action,only such provision,or part thereof,so declared invalid shall be affected,and all other provisions not consistent
therewith or directly dependent thereon shall remain in force and effect.
17.Independent Contractors. The relationship of the parries established under this Agreement is that of independent contractors
and neither party is a partner,employee,agent,or joint venture of or with the other.
18.Assignment.Neither party may assign its rights and obligations under this Agreement unless it has obtained the prior written
approval of the other party.
19. Governing Law: Jurisdiction. Without regard to any conflict of law provisions, this Agreement is to be governed by and
under the laws of the Commonwealth of Massachusetts.
20.Facsimile or Electronic Signatures/CountMarts. The delivery of signatures to this Agreement by facsimile transmission or
by electronic transmission shall be binding as original signatures. This Agreement may be signed in duplicate counterparts which,
when taken together,shall constitute one and the same agreement and be the Agreement.
21. Entire Agreement. This Agreement shall be the exclusive agreement between the parties for the Product. Additional or
different terms proposed by the Customer shall not be applicable,unless accepted in writing by Dealer's authorized representative.
No change in,modification of,or revision of this Agreement shall be valid unless in writing and signed by Dealer's authorized
representative.
22.Conflict. In the event of a conflict between the Customer Specifications and the Dealer Proposal,the Dealer Proposal shall
control.In the event there is a conflict between the Dealer Proposal and this Agreement,the Dealer Proposal shall control.
23. Signatures, This Agreement is not effective unless and until it is approved,signed and dated by Minuteman Fire&Rescue
Apparatus,Inc.'s authorized representative.
Accepted and agreed to:
Minuteman Fire and Rescue Apparatus,Inc.
d/b/a Minuteman Fire and Rescue Apparatus
,
Dealer. Cup" Andover.MA
*ram Tcl a"'North
Name: Na e: w . w �
Title: Title: ..
Date: - Date:
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EX111BIT A
PURCHASE DETAIL FORM
Minuteman Fire&Rescue Apparatus Inc.
2181 Providence Highway
Walpole,MA 02081
Fax(508)216-6368
Date:Au akst 7,2 PJ9—
Customer Name:J9w—n--cif-N-0-rft Andover MA
uantit Chassis Type Body lype Price per Unit
One(1) Pierce Enforcer 1500 GPM PUC Pumper $617,357.00
$
$
1?rovided that i Chassis Pro aress tm=ent in the amount of$314,179.00 is remitted to Minuteman Fire&Rescue Apparatus
Ine,upon frame un of the chassisfApproximately 20 days prior to delivery).Trade in allowance for the 2004 E-ONE Cyclone
qUygnU,Jnqe,_
pumper of$20.000.00.is included in the above price. The trade iat allowance for the pumper is can in erl u on assin a DOT
Inspegilion and Puma Test. All appurtenances affixedapparatus such it�not lim�ited to�sirens to the exterior of the
discharge elbows and caps,axe and pale confine brackets,ground ladders and apparatus_insiania must be on the
apparatus upon trade in.
e trade in must be made availla eoikup within thirt�(301 da�!s e deliyery date of the new apparatus.
ing.
Warranty Period:One(1)year bumper to bumRer and other warranties as specified in bid The One(I ET
---2r-o-Rosal#470, Im
buffer to bumper vmagnty_yj Comm ce on the day of delivery and receipt of the MSO by the To of North And2vg,,r
Massachusetts.
Training Requirements: StandaW
Other Matt
This contract is available for inter-local and other municipal corporations to utilize with the option of adding or deleting any
manufacturer available options,including chassis models. Any addition or deletion may affect the unit price.
Payment Terms:Final payment is due immediately upon the day of delive .Final Dayment does not consti
&CCEMN-CEL .....................................
(NOTE: If deferred payment arrangements are required, the Customer must make such financial arrangements through a financial institution
acceptable to Dealer.]All taxes,excises and levies that Dealer may be required to pay or collect by reason of any present or future law or by any
governmental authority based upon the sale,purchase,delivery,storage,processing, use,consumption,or transportation of the Product sold by
Dealer to the Customer shall be for the account of the Customer and shall be added to the Purchase Prim. All delivery prices or prices with freight
allowance are based upon prevailing freight rates and,In the event of any Increase or decrease In such rates,the prices on all unshipped Product
will be increased or decreased accordingly. Delinquent payments shall be subject to a carrying charge of 1.6 percent per month or such lesser
amount permitted by law.Dealer will not be required to accept payment other than as set forth In this Agreement. However,to avoid a late charge
assessment in the event of a dispute caused by a substantial nonconformance with material Specifications(other than freight),the Customer may
withhold up to five percent(5%) of the Purchase Price until such time that Dealer substantially remedies the nonconformance with material
Specifications,but no longer than sixty(60)days after Delivery. If the disputed amount Is the freight charge,the Customer may withhold only the
amount of the freight charge until the dispute Is settled,but no longer than sixty(60)days after Delivery.Dealer shall have and retain a purchase
money security Interest In all goods and products now or hereafter sold to the Customer by Dealer or any of its affiliated companies to secure
payment of the Purchase Price for all such goods and products. In the event of nonpayment by the Customer of any debt,obligation or liability
now or hereafter incurred or owing by the Customer to Dealer, Dealer shall have and may exercise all rights and remedies of a secured party
under Article 9 of the Uniform Commercial Code(UCC)as adopted by the state of Massachusetts.
THIS PURCHASE DETAIL FORM IS EXPRESSLY SUBJECT TO THE PURCHASE AGREEMENT TERMS AND CONDITIONS
DATED AS OF , 2019 BETWEEN DEALER AND the Town of North Andover, MA WHICH TERMS AND
CONDITIONS ARE HEREBY INCORPORATED IN,AND MADE PART OF,THIS PURCHASE DETAIL FORM AS THOUGH EACH
PROVISION WERE SEPARATELY SET FORTH HEREIN,EXCEPT TO THE EXTENTOTHERWISE STATED OR SUPPLEMENTED
BY DEALER HEREIN.
EXHIBIT B
WARRANTY
AS PROVIDED IN PROPOSAL-#170 BY MINUTEMAN FIRE&RESCUE APPARATUS INC.
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EXHIBIT C
DEALER PROPOSAL
AS PROVIDED 1N PROPOSAL #470 BY MINUTEMAN FIRE&RESCUE APPARATUS INC.
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