HomeMy WebLinkAboutContract #: 1853 - From: 05-20-2025 To: 06-30-2028 - Allegiance Fire and Rescue - Fire Liberty Interchange Corporate Center
450 Plymouth Road,Suite 400
Mutuil. Plymouth Meeting,PA.19462-1644
Ph.(610)832-8240
PERFORMANCE AND PAYMENT BOND
Bond No. 190056789
KNOW ALL MEN BY THESE PRESENTS,THAT,Allegiance Fire & Rescue
(hereinafter called Principal),as Principal and Liberty Mutual Insurance Company a corporation
organized and existing under the laws of the State of Massachusetts with its principal office in the City of,
Boston (hereinafter called Surety)as Surety are held and firmly bound unto
Town ot North Andover North Andover Fire Department, MA
(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 One Million Seven Hundred Seventy Five
Thousand Six Hundred Twenty Dollars and 00/100 Dollars($1,775,620.00 )
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_ April , 2025 for ONE (1) PIERCE ENFORCER AERIAL
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 or warranty period provided
in the contract for which said Surety is liable,an action for such maintenance or warranty may be
brought within two years from the expiration of said maintenance or warranty period, but not afterwards.
IN WITNESS WHEREOF the said Principal and Surety have signed and sealed this Instrument this 20th
day of May 2025
Allegiance Fire & Rescue
Witness: Principal
By* 1h
Name and Title
c
%Nsu Liberty Mutual Insurance Company
Witnes : y Hutson lb �� 0
R9l`b��, Surety
1912 ._..
ym)'SSAc,Ns``�t? By:
* L Baranzyk "',a ttorney-In-Fact
LMIC-5165 Rev 1-08
� R
' Liberty POWER OF ATTORNEY
Mutum' Liberty Mutual Insurance Company
SURETY The Ohio Casualty Insurance Company
West American Insurance Company
KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duty organized under the laws of the State of Now Hampshire,that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of Me State of Massachusetts,and West American Insurance CaTparvy is a corporation
organized under the laws of the State of hidiar►a(herein collectively called the' 7,pursuant to and by authority herein set birth,does hereby name,constitute and appoint
Lisa tiaranzyk all of the city of Milwaukee state of WI its true and lawful with full power and aullhority hereby conferred to
execute and acknowledge the following surety bonds.undertakings,recognizances.contracts of indemnity,and all other surrey obligations related thereto,the execution of which shall
be binding upon the CDmpamas as A it had been duty sigrW and executed by its ohm officers:
Principal Name: Allea�iaIIp���Fire&Res
�ofl�l�rt n ver Fire
Obligee Name: Department,MA
Surety Bond Number: 190056789 Bond Amount: See Bond Form
IN WITNESS WHEREOF,this Pow o(Aftney has bow subscribed by an authorized officer or official of the Companies anxI the corporate seals of the Companies have been affixed
thereto this 20th day of May 2025
Liberty Mutual Insurance Company
INs(UJ py%,I INS& 1NSU,p9 The Ohio Casually Insurance
AJ v��r �C� �iJ u°pvO'�� .c°P c°�o't aCW West A oencarl Insurance Company
1912 n ou 1919 a 1991 n
s O 6 O
das'Oorcwus�aD g0�wwarevs�`aa$ fS 'NBIAN� aa3
a/y . *� �y1 + *a �M t I a J. os
Nathan M
STATE OF PENNSYLVANIA as
-` COUNTY OF MONTGOMERY
On this 20th day of May 2025 .bebre me p rely appeared Nation J.Z e,wdho acc himself to be the Assistant of Liberty
Mutual Insurance Company.The Ohio Casualty Company,and West American Insurance Company,and that he,as such,befng authorized so to do,execute the foregoing instrurmarit
for the purposes therein contained byWing on befid of the corporations by himself as a duty authorized officer.
IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seel at Plymouth Meeting,Pennsylvania,on the day and year first above written. f
d SOUP '
Q. ' R ----
µ' u,d Pennsykania•Notary Seat O
Teresa Pastallaa,Notary Pubic
Mooloornery county
�a�a u't M a*=March 20. Y°
Commission number 1126044 Teresa Pastella,Notary Public E E
IM
, Member,Pemsytvanie Assadation d Notrhes 04)
This Power of Attorney a made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Inwanoo Company.Liberty Mutual -0
0)0 Insurance Company,and West American Insurance which are now in full force and effect ows as foll :
+d ARTICLE N—OFFICERS:Section 12.Power of Atlomey. OR
Any officer or other official of the Caporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation as the Chairman or the 90
President may shall appoint such a be necessary to ad in behalf of the Corporation to make.execute,seal,acknowledge and defiver as surety t
any and at undertakings,bonds,recagh¢ances and other surety obligations.Such etlo subject to the knilations set forth in their respective powers of attorney, LT
shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of ire Corporation.When so executed.such 04
® instruments shall be as binding as it by the President and attested to by the Secretary,Any pourer or authority granted to arty representative or attomey-in-fad under Me
provisions of this article may be revoked at any time by the Board.the Chairman,the President or by the officer or granting such power or authority.
ARTICLE XIII—Execubw of Contracts:Section 5.Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose n writing by the chairman or the president.and stibjed to such limitations as the chairman or the President may prescribe, �
shall appoint such fad,as may be necessary to act in behalf of the Company to make,execute,seal,ackrawledge and deliver as surety any and at urdertakings, ,
bonds,recogn¢ancoes and oiler surety obligations.Such all 'Mad.,subject f4 the limitations set forth in their respective powers of allomey,shall have full pomr to bind
. .
the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding
as if signed by the presdaint and attested by the secretary. r:
Certificate of DmIgnatlon—The President of the y,acting ptuwant to the Bylaws of the Company,authorizes Nathan J.Zangede,Assistant Secretary to appoint such
aftorne"factas may be to ad on aff of the to make.execute,seal,acknowledge and deliver as surety any and at undertakings,bonds,recognizances and
s=
c ;
OHM surety obligations.
Authorization—By unanimous consent of the Companys Board of Directors,the Company consents that facsimile or machanically reproduced signature of any assistant secretary
of the Canparry,wtierever appearing upon a oertifed copy of any power of attorney issued by the Company in connection wihh surety bonds,31W be valid and binding upon the 'f'
Company with the same force and effect as though ma a � f
1,Ranee C.Llewelyn,the undersigned,Assistant Secretary,of Liberty Mutual Insurance Company,The Ohio Casualty Insurance Company,and West American Insurance Comparry
do hereby certify Met this power of allomey executed by said Companies is in full force and effed and has not been revoked, "
IN TESTIMONY WHEREOF,I have hereunto set mty hand and affixed the seals of said Companies this 20th day of May 2025. r
P�INSUgq P4SY INS& %NSUgq
J ®ur°� ti J ®aeaw� Py `P
J 34 r°o rtn uy 3� Teo Sm 3� rRp art^ wl
s191240 0s1919� ® s 1991
� acros .a wary® ,Ab 1S, aouM� da Za ,
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LMIC,OCK,wAIC m SurePath_012025 "
ALLEGIANCE
FIRE & RESCUEY"-
412412025
Town of North Andover PROPOSAL BW#780
North Andover Fire Department,MA
795 Chickering Rd FOR FURNISHING
North Andover MA 01845-2420
FIRE APPARATUS
The undersigned is prepared to manufacture for you,upon an order in placed by you,for final
acceptance by Allegiance Fire&Rescue at its home office in Walpole,Massachusetts,the apparatus and equipment
herein named and for the following prices:
Enforcer 200i0 GPM %faterous Aerial 100*1JDL $1,775,620.00
01110114 2-If die Bunn of$627,582J)o is remitted toAl egLk� - Fire Rescue ($18,827.00)
upon frarne up of the chassis as s
($
Pi for—to 7.0 710))(Le Li
OPTION 3-If the surn of$353,538.80 is remitted tL)LAI
La,22roximately 90 days prior to delive!.1)you inay deduct$7 071.00
The alkwe amount reflects HGAC contract pricing.
$1,749,722.00
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,
within about 924-968yorWBg days after receipt of this order and the acceptance thereof at our office at Walpole,Massachusetts,
and to he delivered to you at the,North Andover Fire Department, A.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 print,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)miles 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 first party 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.
Due to upcoming engine manufacturer changes and long lead times,prices issued at time of bid are subject to additional
ten-as of the contract.See Attachment C.Unless accepted within 30 days from date of proposal,the right Is reserved to withdraw
this proposition.
The right Is reserved to withdraw this proposition after 01-May-2025.
ALLEGIANCE FIRE&RESCUE
By: 04-OL--
William O'Connor-Vice President
.......—------- ..........................
ALLEGIANCE
— FIRE & RESCUE"—
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, LLC. (DBA Allegiance Fire& Rescue) ("Dealer"),
and Town of North Andover a MA Municipality C"Customer")and is effective as of the last date executed by both
parties(the"Effective Date").
1. Product. Customer agrees to purchase the following product,as further described in the Dealer Proposal attached
hereto as Exhibit A and incorporated herein("Product'). The Product comes with all applicable manufacturers'
warranties from Pierce Manufacturing,Inc. ("Pierce")and all makers of component parts or other equipment that
is part of the Product. All such warranties are included in the Dealer Proposal and/or separately attached hereto
as Exhibit B.
2. Purchase and Payment. The Customer agrees to purchase the Product specified on Exhibit A for the total
purchase price of $1,749,722.00 ("Purchase Price"). Prices are in U.S. funds. Payment sliall be due upon
delivery or as otherwise provided by our quotation,order acceptance,invoice or other writing.
In addition to the Purchase Price, Customer shall be responsible for paying for all added costs and expenses
incurred by Dealer in the event that any state,federal or other regulatory agency(e.g.NFPA,DOT,EPA)requires
any modifications to the Product.Dealer shall make reasonable efforts to advise the Customer of any such changes
within a reasonable time and to provide Customer with documentation to support the required modifications.
Quantity Description Price Per Unit Total Price
One(1) Pierce®Enforcer 2000 GPM Waterous Aerial 100` $1,775,620,00 $1,775,620.00
HDL
One 1 Discount for Aerial and Chassis Progress Payment $25,88.00 $25,898.00
Total $1,749,722.00
If the sum of$627,582.00 is remitted to Allegiance Fire&Rescue upon frame up of the chassis as a progress
payment(approximately 90 days prior to delivery)you may deduct$18,827.00
If the sum of$353,538.80 is remitted to Allegiance Fire&Rescue upon"weld out"of the Aerial device itself as a
progress payment(approximately 90 days prior to delivery)you may deduct$7,071.00
The above amount reflects HGAC contract pricing.
Training Requirements: Standard
Other: 100%Performance Bond
See Exhibit C attached hereto for additional pricing terms,incorporated by reference.
3. Optional Product Changes. Customer may request changes to the Product at any time by way of a written
change order. Dealer will review the request and notify Customer of any resulting changes to the Purchase Price,
Delivery dates or other terms of this Agreement that will result from the change order. Dealer may accept or
reject the change order request. All change orders(including new pricing and delivery dates) must be signed by
the parties to be effective.
Page I of 7
4. Cancellation. Customer may cancel this Agreement(or individual Units if the Product involves multiple its
in which event the cancellation fees are based on the portion of the Purchase Price for the subject Unit set forth
in Section 1)prior to Delivery only by a written notice provided in accordance with Section 6. In such event,
Customer shall pay Dealer the following cancellation fee as liquidated damages because actual damages would
be difficult to ascertain and the following agreed upon fees area reasonable estimate of actual damages:(a) 10%
of the Purchase Price if cancellation occurs after Pierce enters the order for the Product on its computer system;
(b) %oft e Purchase Price if cancellation occurs after Pierce has completed draft Product drawing.-,; and(c)
40%of die Purchase Price if cancellation occurs after Pierce makes any material requisition(i.e.orders material),
plus an additional percentage as reasonably set by Dealer to account for additional costs and expenses incurred
after material requisition,up to no more than 80%of the Purchase Price if cancellation occurs after substantial
completion of the Product. Dealer all have no obligation to mitigate damages. Customer hereby authorize-,
Dealer to deduct the cancellation fee from the Purchase Price being held by Dealer and return the remainder to
Customer in exchange for a waiver and release of1claims.
5. Deliver, Inspection and Acceptance. Due to global supply chain constraints, any delivery date contained
herein is a good faith estimate as oft a date of this order/contract,and merely an approximation based on current
information. Delivery updates will be made available,and a final firm delivery date will be provided as soon as
possible. Delivery of the Product is scheduled to be within 924-968 working days of die Effective Date,F.O.B.
North Andover Fire Department,MA North Andover, MA. Risk of loss all pass to Customer upon Delivery,
Upon Delivery,Customer shall have to (10)business days within which to inspect the Product and,in the event
of substantial non-conformance, to finnish Dealer with detailed written notice sufficient to permit Dealer to
evaluate any such non-conformance.Absent timely receipt of such notice of non-conformance,the Product shall
be deemed in conformance and accepted by Customer. Time is of the essence with respect to such notice. Any
Product not in substantial conformance shall be remedied by Dealer by putting Pierce on written notice of such
non-conformance.
6. Notices. All notices hereunder must be given in writing ate 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
either an delivery (notice deemed delivered upon receipt) or by registered, overnight mail (notice deemed
delivered one business day after mailing),
Dealer: Customer:
Allegiance Fire&Rescue Town of North Andover
2181 Providence Highway North Andover Fire Department,MA
Walpole,Massachusetts 02081 795 Chickering Rd
Fax:508-216-6368 North Andover,MA 0 1845-2420
7. Warranty Disclaimer, The Product comes with the warranties referred to in Section 1. Dealer itself provides
no warranties whatsoever. TO BE CLEAR, NEITHER DEALER NOR, ITS AFFILIATES, AGENTS OR
REPRESENTATIVES, MAKE ANY EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE
PRODUCTS OR OTHERWISE REGARDING THIS AGREEMENT, WHETHER ORAL OR WRITI-EN,
EXPRESS, IMPLIED OR STATUTORY. WlTIIOUT 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.
PURPOSE ARE EXPRESSLY EXCLUDED AND DISCLAIMED. STATEMENTS MADE BY SALES
.REPRESENTATIVES OR IN PROMOTIONAL MATERIALS DO NOT CONSTITUTE WARRANTIES.
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3817973.2
.....................................
S. Force Maieure. 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,pandemics or public health emergencies,
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.
9. Indeninity. To the extent permitted by law,VENDOR shall protect, defend, indemnify and hold the Town,
its agents, officers, and employees harmless from and against all claims, demands, breach, damages, costs,
actions and causes of actions, liabilities, judgments, reasonable expenses and attorney fees, resulting
from the injury or death of any person or the damage to or destruction of property, or the infringement
of any patent, copyright, trademark that the Town may sustain which directly arise out of or in
connection with the negligence, reckless and/or intentional misconduct of the VENDOR, its agents,
officers or employees in the performance,nonperformance or purported performance of the work or
services by Vendor under this Agreement or breach of the terms hereof by Vendor or the VENDOR's
violation of any law,ordinance or regulation while on Town property, except for damages resulting
from the negligence or willful misconduct of the Town. The existence of insurance shall in no
way limit the scope of this indemnification. VENDOR further agrees to reimburse the Town of
North Andover for damage to the Town's property caused by VENDOR, its employees or agents
negligence,reckless and/or intentional misconduct.VENDOR shall at no time be considered an agent
or representative of the Town. VENDOR shall have an opportunity to participate in the defense of
such claim and any negotiated settlement agreement or judgment. The Town shall not be liable
for any costs incurred by VENDOR arising under this paragraph.
10. Independent Contractors. The relationship of the parties established under this Agreement is that of
independent contractors and neither party is a partner, employee,agent,or joint venturers of or with the other.
11. Entire Agreement/Amendments. This Agreement(including Exhibits)contains the entire agreement between
the parties regarding the Product. No representations,promises, agreements, or understandings,written or oral
not contained herein shall be of any force or effect. This Agreement may only be amended or modified by a
written agreement signed by both parties.
12. Assilimnent. Neither party may assign its rights and obligations under this Agreement unless it has obtained the
prior written approval of the other party;provided,however,that Dealer may assign this Agreement as part of a
public offering or the sale or transfer of all or substantially all of its assets.
13. Severability. The invalidity or un-enforceability of any provision of this Agreement shall not affect the validity
or enforceability of any other provision.
14. No Waiver of Rights. No waiver of any provision of this Agreement shall be enforceable unless in writing and
signed by the waiving party. No waiver of any provision shall affect the validity or enforceability of any other
provision.
15. 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. The parties agree that any claim
concerning this Agreement must be filed and adjudicated in state or federal courts located in the Commonwealth
and such courts shall be the sole and exclusive venue for the adjudication of all claims under this Agreement.
The parties hereby consent to personal and subject matter jurisdiction within the Commonwealth.
Page 3 of 7
3817973.2
16. Counterparts /Electronic Signatures. This Agreement may be executed in one or more counterparts. The
exchange of signed copies of this Agreement by facsimile or via.pdf by email will constitute effective execution
and delivery of this Agreement and may be used in the lieu of the original Agreement for all purposes.
Accepted and agreed to:
Dealer: Allegiance Fire&Rescue Customer: Town of North Andover
Name: William O'Connor Name: t " ' q---)Ix160y
Title: Vice President Title:o 1� M,a A (c,(~—
Date: 4/25/25 Date:
Signature Signature s')
Page 4 of 7
3817973.2
EXHIBIT A
BID #780
DEALER PROPOSAL
i
Page 5 of 7
3817973.2
EXHIBIT B
BID #780
WARRANTIES
Page 6 of 7
3817973.2
EXHIBIT C
ADDITIONAL PRICING TERMS
Persistent Inflationa>y Environment: If the Producer Price Index of Components for Manufacturing
[www.bls.gov Series ID: WPUID6112] ("PPI") has increased at a compounded annual growth rate of 5.0% or
more between the month Pierce accepts our order ("Order Month") and a month 14-montlis prior to the then
predicted outside Ready For Pickup/Deliveiy date("Evaluation Month"),then pricing and the purchase price for
the Product may be updated and increased in an amount equal to the increase in PPI over 5.0% for each year or
fractional year between the Order Month and the Evaluation Month.
We will notify you no later than I l-months prior to the then predicted Ready For Pickup/Delivery date of the
proposed price increase and to sign a Change Order evidencing the increased pricing for the Product for your
approval (the "Updated Price")")(if the Ready for Pickup/Delivery date is a range, i.e., 36-38 months, we will
notify you no later than I I-months prior to the earliest date of the Ready for Pickup/Delivery date range).
If no Updated Price is provided,you will be required to purchase the Product at the original ordered price(other
than any adjustments for configuration changes in the Product or other change orders).
If an Updated Price is provided, you will have thirty(30) calendar days after delivery of notice of the Updated
Price to provide written notice to us of your election to cancel the order for the Product,subject to the cancellation
provisions of Section 4 above, Any deposits or pre-payments(less any cancellation charges)will be returned and
refunded to you promptly after cancellation of your order,without interest. If no written notice of cancellation is
received by us within such thirty (30) day period, you will be required to purchase the Product at the Updated
Price(as adjusted for configuration changes in the Product or other change orders).
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3817973.2