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R-84-578 - 1/12/1984 Resolution No. .I—/d WHEREAS, the City has duly advertised for bids for the purchase a ladder truck for use by the Fire Department, and WHEREAS, S & L Seagraves Sales, Inc. submitted the lowest and best bid, and WHEREAS, the Council wishes to accept the bid of S & L Seagraves Sales, Inc. , and to enter into a contract for the purchase of said ladder truck, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS That the bid of S & L Seagraves Sales, Inc. is hereby accepted as the lowest and best bid, and the Mayor is hereby authorized and directed to execute on behalf of the City a contract with S & L Seagraves for the purchase of the ladder truck. RESOLVED this 12th day of Jan ary, 1984. Larry L. Tonn, Maylor City of Round Rock Attest: ("L) Amy, J anne Land, City Secretary 5.7V A t s I4 PROPOSAL cc f-fu-ithing aeapmV FIRE APPARATUS January 30 19 84 City of Round Rock Texas 214 E. Main Street Round Rock. Texas 78664 Gentlemen: The undersigned is prepared to manufacture for you,upon an order being placed by you for final acceptance by Scagrave Fire Apparatus,Inc.,a subsidiary of FWD Corporation,at its home office in Clintonville,Wisconsin,the ap- paratus and equipment herein named and for the following prices: (1) One Seagrave Model WP-58DD — 100ft Rear 325,421.00 MQ4,pLQd Aerial with 1500GPM Pump Deduct for paying for equipment upon delivery — $1369.00 Deduct for paying for Apparatus immediately after acceptance test — $2600.00 Total $ 321,452.00 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 cars,materials,or other causes beyond our control not preventing,within about 180-200 days after receipt of this order and the acceptance thereof at our office at Clintonville,Wisconsin,and to be delivered to you at Round Rock Texas 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 prior to the acceptance by the company of tite otter to purchase, and provided such alterations do not materially affect the cost of the construction of the apparatus. Unless accepted within 30 days front date,the right is reserved to withdraw this proposition. SEAGRAAVVE FIRE APPARATUS,INC. By IKEITH SCOTT — AUTHORIZED DEALER SCT�=b CONTRACT THIS AGREEMENT,made in duplicate by and between Seagrave Fire Apparatus,Inc.,a Subsidiary of FWD Corporation, Clintonville,Wisconsin,first party,and The City of Round Rock Texas by its authorized representative,second party Wftnesseth: First. The said first party thereby agrees to furnish 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 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 180-200 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 cars,materials,or other causes beyond its control not preventing,and shall be delivered to said party of the second part at Round Rock Texas Fourth. A competent serviceman shall,upon request,be furnished by first party 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 sum of THREE HUNDRED TWENTY ONE THOUSAND FOUR HUNDRED FIFTY-TWO Dollars($ 321,452.00 ) In the event the apparatus is placed in fire service prior to payment in full the fast party reserves the right to charge a rental fee of two hundred dollars($200.00) per dale for each day the apparatus is used prior to payment. Net payment cash upon deli / tarnore to one°te�eto�a°arafu is covered b this contract,the above terms of payment P Y PY• P PP Y P Y shall apply to each piece,and an invoice covering each piece shall be rendered in the proper amount. 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 with ten(10) days after arrival,then said apparatus and equipment shall be considered as fully complying with contract specifications. Seventh. It is agreed 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 take full possession of the apparatus and equipment,pr 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. This contract to be binding must be signed and approved by an officer of Seagrave Fire Apparatus,Inc.and/or FWD Corporation,or sm»e one authorized by him to do so.This contract and specifications take precedence over all previous negoti- ations 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 excuted and the cond party has caused its corporate seal to be hereunto affixed,and attested by its authorized representatives,on tills day of 19-`/ B F ARA NC. The By By .o L. o fI O ust Party Date of Acceptance gam_ Second Party If you require sworn bills,kindly mail us blank forms. (Rev.10/82)