HomeMy WebLinkAboutContracts & Agreements_115-2002_CCv0001.pdf CONTRACT
THIS AGREEMENT; made in duplicate by and between Seagrave Fire Apparatus, a
Division of FWD Corporation, Clintonville, Wisconsin, first party, and The City of
Redlands, CA.; by its authorized representative, second party.
WITNESSETH;
First_ The said first party hereby agrees to furnish the apparatus and equipment
according to the specification hereto attached and made a part of this contract, and to deliver
the same as hereinafter provided,
Second. The first party guarantees 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 City Specifications and the Seagrave Bid proposal, the Seagrave Proposal
will prevail. The standard Seagrave Warranty will apply.
Third. The said apparatus and equipment shall be ready for delivery from
Clintonville, Wisconsin, within about 200 working days after the receipt and acceptance of
this contract at the first party's office at Clintonville, Wisconsin, delays due to strikes,
failures to obtain materials, or other causes beyond its control not preventing, and shall be
delivered to said party of the second part at:
Redlands, CA
Fourth. A competent serviceman shall, upon request, be furnished by first part to
demonstrate said apparatus for party of second part and to give its employees the necessary
instructions in the operation and handling of said apparatus.
Fifth. The second party purchases and agrees to pay for said apparatus and
equipment, the sura of Three hundred forty-one thousand, seven hundred ninety-one and
00%100 ($341,791.00) State, Federal, FET, or Local Taxes Not Included. All payments shall
be made payable to Seagrave Fire Apparatus and shall be mailed directly to:
Seagrave Fire .Apparatus
A Division of FWD Corporation
135 S, LaSalle St. Dept, 1215
Chicago, IL, 60674-1215
In the event the apparatus is placed in fire service prior to payment in full the first party
reserves the right to charge a rental fee of Two Hundred Dollars ($200.00) per days for each
day the apparatus is used prior to payment Net payment cash upon delivery. 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.
a
Since 887 _W.
Sixth. In case the second party desires to test the said 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 Clintonville, Wisconsin. If no
such test be made, or if no such report be made by the second party within ten (10) days
ager arrival, then said apparatus and equipment shall be considered as fully complying with
contract specifications.
Seventh. It is a;ire h
�, ed that the apparatus and equipment covered by this contract shall
remain the property 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 each piece shall remain the
property 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 said first party may tape full possession of the
i 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 rent in full for the use of the apparatus
and equipment up to date of taking possession.
Eighth. In the event any Federal or State regulation shall be enacted during the
course of this contract that will affect the cost of producing said product, such costs will be
extended to the second party;.
Ninth. Risk of loss shall pass to the second party upon delivery and taking possession
of the apparatus. The contract to be binding must be signed and approved by an officer of
F Seagrave Fire Apparatus, a Division of FWD Corporation, or some one authorized by him 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.
IN WITNESS WHEREOF, the said parties have caused these presents to be executed
and the second party has caused its corporate seal to be hereunto affixed- and attested by its
authorized representatives, on this 6th day of August, 2001
The City of Redlands Attest:
By
26t
Second arty: Karl N. Haws, Mayor Lor ie Poyze, , i y Clerk
i SEAGRAVE FIRE APPARATU It%ISION OF FWD CORPORATION
r
Fi rty JOS L. KAUFMANN, V.P. OF FINANCE
Gate of Acceptance 7/17/021
1
rr If you require sworn bills, kindly mail us blank forms.
i
Silnce
1881,
GREATAMEC DUAL OBLIGEE RIDER
INSURANCE GROUP
TO BE ATTACHED TO and form a part of Bond No. 5438818 dated the 15th day of
August 20-T,issued by Great American Insurance Company,as Surety on behalf of
Seagrave Fire Apparatus, A as Principal, in favor of City of Redlands as Obligee.
Division of FWD corporation
WHEREAS,upon the request of the Principal and Obligee,the attached bond is hereby amended to adcl
First Bankers Corporation and/or its assigns
as an Additional Obligee(s).
PROVIDED HOWEVER,there shall be no liability under this bond to the Obligee(s),or any of them,unless
the said Obligee(s),or any of them, shall make payments to the Principal strictly in accordance with the
terms of said contract as to payments,and shall perform all of the other obligations to be performed under
said contract at the time and in the manner therein set forth; all of the acts of one Obligee being binding upon
the others.
The attached bond shall be subject to all of the terms,conditions and limitations except as herein modified.
Signed, sealed and dated this 15th day of August f 20 02
Seagraye Fire A paratus, A Division of
Witness: , By. .A - Corporation
JAKE M. BLAZEK, WITNESS rincipal) JAMES M. GREEN, PRESIDENT & CE
G at I -n ranee Company
Witness: By:
Theresa Bassett rety John R. Waite, Attorney in Fact
Ci I of Redlands
Witness:
(Obligee) curl N. Haws, Mayor
City of Redlands
Acknowledgment by Additional Obligees: Attest
Lor,ife Pbyzty Clerk
The Additional Obligee(s)hereby acknowledge that this agreement's subject toVe�Zecedent condition that
the Additional Obligee(s)shall have no right of action against the Principal or the Surety except such as the
original Obligee would have and shall be subject to all counterclaims,offsets and defenses however arising
which would be available against the original Obligee.
In no event shall the Surety be liable in the aggregate to the Obligee(s)for more than the penalty of the
Performance Bond. At the Surety's election,any payment due to any Obligee(s)may be made by its check
issued jointly to all.
WIT SS toe following signatures and seals this ,) day of u x.,,s . 20 -.
Fir s.Corporation
BY. Witness:
dditional Obligee)
BY: Witness:(A
(Additional Obligee)
BY; Witness:
F.961 I r (06/01) (Additional Obligee)
GREAT AMERICAN INSURANCE COMPANY"
Administrative Office: 580 WALNUT STREET • CINCINNATI,OHIO 45202 • 513-369-5000 • FAX 513-723-2740
The number of persons authorized by
this power of attorney is not more than
1)CUR POWER OF ATTORNEY No.O 17236
KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY,a corporation organized and existing
under and by virtue of the laws of the State of Ohio,does hereby nominate,constitute and appoint the person or persons named below its true and lawful attomev-
in-fact.for it and in its natter,place and stead to execute in behalf of the said Company,as surety.any and all bonds.undertakings and contracts of suretyship.or
other written obligations in the nature thereof:provided that the liability of the said Company on any such bond,undertaking or contract of suretyship executed
under this authority shall not exceed the limit stated below.
Name Address Limit of Power
WILLIAM F. SIMKISS ALL OF ALL
JOHN R. WAITE PAOLIr PENNSYLVANIA UNLIMITED
DANIEL P. DUNIGAN
RICHARD J. DECKER
This Power of Attorney revokes all previous powers issued in behalf of the attomey(s)-in-fact famed above.
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested byQtsts appropriate
ffi
ocers and its corporate seal hereunto affixed this 10th day of January Z
Attest GREAT AMERICAN INSURANCE COMPANY
STATE OF OHIO,COUNTY OF HAMILTON-ss:
On this 10th day of January, 2002 before me personally appeared DOUGLAS R.BOWEN,to etre known.
being duly sworn.deposes and says that he resides in Cincinnati.Ohio.that he is the Divisional Senior Vice President of the Bond Division of Great American
Insurance Company.the Company described in and which executed the above instrument:that he knows the seal of the said Company:that the seal affixed to the
said instrument is such corporate seal;that it was so affixed by authority of his office under the By-Laws of said Company,and that he signed his name thereto by
like authority.
'r r f
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company
by unanimous written consent dated March 1, 1993.
RESOLVED: That the Division President,the several Division Mice Presidents and Assistant Vice Presidents,or any one of'thern.be and hereby is
authorized from time to time, to appoint one or more rfttontey s-in-Fact to execute on behalf of the Company,as surerv.any and all bonds, undertakings and
contracts of suretyship,or other written obligations in the nature thereof.to prescribe their-respective duties and the respective limits of their authority:and to
revoke any such appointment at any time.
RESOLVED FURTHER That the Compare°seal and the signature of'any of the aforesaid officers and any Secretary or Assistant Secretary of the
Company may be affixed byfacsimile to anypower ofattornev or cer rificate of'eithergiven for the execution of any bond,undertaking,contract or suretyship,or
other written obligation in the nature:thereof such signature and seal when so used being hereby adopted by the Company as the original signature of such officer
and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though rrranually affixed.
CERTIFICATION
I,RONALD C.HAYES.Assistant Secretat-of Great American Insurance Company,do hereby certify that the foregoing Power of Attorney and the
Resolutions of the Board of Directors of March 1. 1993 have not been revoked and are now in full force and effect.
Signed and sealed this 15th day of August 2002
S 1029T(11/01)
Bond No. 5438818
Premium: $2,681.00
PERFORMANCE BOND
Seagrave Fire Apparatus, A
KNOW ALL MEN BY THESE PRESENTS: That we Division of FWD Corporation
105 E. 12th Street Clintonville W1 54929 Principal,
and Great American Insurance Company Swrepk ge held and firmly bound
unto City of Redlands *See dual obligee riddr attar e
PO Box 3005 Redlands CA 92373 Obligee,
in the sum of Three Hundred Forty One Thousand Seven Hundred Ninety One Dollars and 00/100
Dollars ($341,791.00
for the payment of which we bind ourselves, our legal representative, successors and assigns, jointly and
severally, firmly by these presents.
WHEREAS, Principal has entered into a contract with Obligee, dated August 6, 2002
for One (1) Seagrave 1500 GPM Pumper
copy of which contract Is by reference made a part hereof.
NOW, THEREFORE, if Principal shall faithfully perform such contract or shall Indemnify and save
harmless the Obligee from all cost and damage by reason of Principal's failure so to do, then this obligation
shall be null and void;otherwise it shall remain in full force and effect.
Signed,sealed, and dated
August 15, 2002 Seagrave Fire Apparatus,A
Division of FWD Corporation (Seal)
(Principal)
By
JAiltS M. GREEN, PRESIDENT & C.E.C.
(Seal)
(Principal)
Great Amerisura7e Company
V/ ,
By !LLL I
JoVR. Waite Attorney-in-Fact