HomeMy WebLinkAboutAMENDMENT TO CONTRACT WITH PIERCE MANUFACTURING_ EMERGENCY APPARATUS/FIRE PUMPER FIRST AMENDMENT TO CONTRACT TO PURCHASE FIRE APPARATUS
This First Amendment to the Contract to Purchase Fire Apparatus ("Contract") is made
and entered into this 3'`'� day ofcki,h.,it, ,yvi , 2019 by and between Augusta, Georgia, a
political subdivision of the State df Georgia, by and through its Board of Commissioners
(hereinafter"Augusta")and Pierce Manufacturing,Inc. (hereafter"Vendor").
WHEREAS, the Contract was awarded and issued in response to RFP 17-137, which
requires Vendor to supply Augusta with fire apparatus, tools, and equipment as set forth in the
RFP for the term of the Contract;
WHEREAS,the Contract commenced on May 18, 2017 and has an initial terms of three
(3)years;
WHEREAS, Paragraph 8 of the Contract allows Augusta make changes to the Contract,
including increasing in the number of apparatuses to be purchased, so long such changes are
mutually agreed upon by the Parties and are in a written Amendment to the Contract;and
NOW THEREFORE, in consideration of the foregoing, the provisions contained herein,
and the mutual benefits derived therefrom, and for other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged,Augusta and Vendor agrees as follows:
1. In addition to those apparatuses, tools, and equipment originally purchased in
Paragraph 4 of the Contract, Augusta will purchase from Vendor three (3) new fire
pumpers (engines) with three-year bumper-to-bumper warranties and all tools and
equipment described in Exhibit "B". Vendor agrees to accept three (3) used fire
pumpers from Augusta for trade-in allowance as described in Exhibit "B". After
allowance of the trade-in, the purchase price is $1,726,797.00 for three (3) new fire
pumpers,including three(3)year bumper-to-bumper warranties,tools,and equipment.
2. All other terms and conditions set forth in the Contract remain the same and remain in
effect.
IN WITNESS WHEREOF, Augusta and Vendor have duly executed and delivered this
First Amendment to the Contract to Purchase Fire Apparatus.
Augusta,Georgia Pierce Manufacturing,Inc.
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PROPOSAL FOR FURNISHING FIRE APPARATUS
Augusta Georgia November 08,2018
530 Greene street,room 605
Augusta,GA 30901
The undersigned is prepared to manufacture for you,upon an order being placed by you,for final acceptance by
Pierce Manufacturing,Inc.,at its home office in Appleton,Wisconsin,the apparatus and equipment herein named
and for the following prices:
SINGLE UNIT 3 UNITS 5 UNITS
Pierce Enforcer custom pumper, $544,900.93 $ 1,634,702.79 $ 2,724,504.65
per attached specification
Equipment listed for purchase $20,667.34 $62,002.02 $103,336.70
Ward"NO SMOKE"add on $10,573.73 $31,721.19
Extended warranty,3 year $14,457.00 $52,868.65
(see warranty statement for details) $43,371.00 $72,285.00
Trade of 3 Dash Pumpers $15,000.00 $45,000.00 $45,000.00
TOTAL(with discounts)
Total with 3 year warranty $575,599.00 $ 1,726,797.00 $2,907.995.00
Price includes warranty inspection and in service training at customer's location. Pricing is valid through
January 31,2019.
Said apparatus and equipment are to be built and shipped in accordance with
the delays due to strikes,war,or intentional conflict,failures to obtain chassis,materials,or other causes attached,ifications hereto
our
control not preventing,within about 315 Calendar days after receipt of this and the acceptance thereof beyond
office at
Appleton,Wisconsin,and to be delivered to you at:City of Augusta,Georgia.
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
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)rules 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.Unless accepted
within 90 days from date,the right is reserved to withdraw this proposition.
PIERCE MANUFACTURING,INC.
By:
SALES REPRESENTATIVE
CONTRACT TO PURCHASE FIRE APPARATUS
This Contract to Purchase Fire Apparatus, hereinafter referred to as "Contract", is made and
entered into by and between Augusta, Georgia,a political subdivision of the State of Georgia, by
and through its Board of Commissioners, hereinafter referred to as"AUGUSTA", whose address
is 535 Telfair Street Augusta, Ga. 30901; and Pierce Manufacturing Inc., hereinafter referred to
as"VENDOR", whose physical address is 2600 American Drive, Appleton, WI 54912-2017.
WHEREAS,Augusta desires and is able to contract with a qualified and experienced Vendor to
provide quality fire apparatus, equipment, and tools to the Augusta Fire Department. Augusta
issued a Request for Proposal# 17-137,hereinafter referred to as"RFP# 17-137";
WHEREAS, Vendor responded to RFP #17-137, and has represented to Augusta that it is
experienced and qualified to provide quality fire apparatus to Augusta;and,
WHEREAS, Augusta has relied on Vendor's response and Vendor was chosen as the most
responsive bidder based on its submittal thereto.
NOW, THEREFORE, in consideration of the foregoing, the provisions contained herein, and
the mutual benefits derived here from, and for other good and valuable consideration,the receipt
and sufficiency of which are hereby acknowledged,Vendor and Augusta agree as follows:
1. Deliverables. Vendor shall provide Augusta with fire apparatus, tools, and equipment as set
out in RFP # 17-137 and comply with all the terms, conditions, and requirements of this
Contract and all the terms, conditions, and specifications contained in RFP #17-137
incorporated herein by reference thereto,within the time specified in this Contract.
2. Performance Standards. Vendor shall provide quality fire apparatus that meet or exceed all
performance requirements and specifications as set forth in RFP # 17-137, and must meet or
exceed the current standards of NFPA 1901 on all fire apparatus provided to Augusta by
Vendor. All other equipment and tools required by RFP # 17-137 shall also meet or exceed
the current NFPA 1901 standards.
3. Term. This Contact shall commence as of the date executed by Augusta(Commencement
Date)and shall have an initial term of three(3)years. This Contract shall automatically
extend for two(2) separate one(1)year terms,unless either party provides notice of
termination at least ninety(90)days prior to the end of the then current term. This Contact
shall: (i)terminate absolutely and without further obligation on the part of Augusta each and
every December 31 at 11:59 p.m.,as required by O.C.G.A.136-60-13,as amended,unless
sooner terminated in accordance with the termination provisions of this Contract; (ii)
automatically renew on each January 1,at 12:00 a.m., unless terminated in accordance with
the termination provision of this Contact;and(iii)terminate absolutely,with no further
renewals, five(5)years from the Commencement Date
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4. Purchase Price. In consideration of Vendor performing its obligations under this Contract,
Augusta will purchase from Vendor six (6) new fire pumpers (engines) with a three-year
bumper-to-bumper warranty and all tools and equipment described in Exhibit "A". Vendor
agrees to accept five (5) used fire pumpers from Augusta for a trade-in allowance as
described in Exhibit "A". After allowance of the trade-in, the purchase price is
$3,196,914.98 for six new fire pumpers, including a three (3) year bumper-to-bumper
warranty;tools and equipment as outlined in Exhibit A.
5. Invoicing and Payment. Vendor will submit invoices, in a form acceptable to Augusta, for
each fire apparatus purchased by Augusta, provided each fire apparatus has been inspected,
delivered, and passed all third-Party independent certifications and meets Augusta's
approval. All invoices shall be submitted within thirty (30) calendar days after Augusta's
acceptance of delivery of each apparatus. Each invoice shall reference the purchase order
number assigned to this Contract. Augusta shall pay Vendor, within thirty (30) days of
receipt of said invoices, any undisputed amounts and contingent upon Vendor's satisfactory
performance of this Contract. Notwithstanding anything in the Bid or Vendor's proposal,
Augusta shall have the right to withhold or deduct payments in the event of Vendor's non-
performance.
All invoices shall be addressed to : Augusta Fire Department
Fire Administration
3117 Deans Bridge Road
Augusta, Ga. 30906
6. Georgia Prompt Pay Act. The terms of this Contract supersede any and all provisions of the
Georgia Prompt Pay Act.
7. Defective Pricing. To the extent that the pricing provided by Vendor is erroneous and
defective, the parties may, by a properly executed Amendment, correct pricing errors to
reflect the intent of the parties.
8. Changes, Additions, Deletions. Augusta may at any time, request changes in the work to be
performed hereunder. All such changes, including any increase or decrease in the amount of
the Vendor's compensation, shall be mutually agreed upon by and between Augusta and
Vendor, in a written Amendment to the Contract, which Amendment shall be incorporated
herein by reference thereto. No claim for damages for anticipated profits shall accrue to the
Vendor. Vendor acknowledges that any changes that involve an increase in the
compensation shall be considered major, and require the approval of Augusta. Augusta may
unilaterally determine, on an as needed basis,the quantity of fire apparatus to purchase under
this Contract.
9. Qualifications. Vendor represents and warrants that it has the necessary knowledge,
experience, abilities, skills, resources and capacity to perform its obligations under this
Contract, and agrees to perform its obligations under this Contract in a professional manner,
consistent with prevailing industry standards and practices.
10. Licenses, Permits, Compliance with Law. Vendor represents and warrants that it has all
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licenses and permits necessary to conduct its business and perform its obligations under this
Contract, and agrees to comply with all applicable federal, state and local statutes,
regulations, codes,ordinances and policies in performing its obligations under this Contract.
11. Commencement of Work. Vendor will be issued a Purchase Order for fire apparatus to be
supplied to Augusta. Work shall commence within thirty (30) working days of the issuance
of the Purchase Order.
12. Delivery and Training. The first unit to be delivered and ready to go into service within 12
months from the Purchase Order date, to include, completion of all required certifications
and testing on the unit, and completion of training of fire personnel. Subsequent additional
units must be delivered within 30 days of the first unit. Upon delivery, the Vendor shall
supply complete operation and maintenance manuals covering the completed apparatus as
delivered and provide a safety video addressing key safety considerations when driving,
operating,and maintaining the apparatus.
13. Liquidated Damages. Vendor agrees to pay as liquidated damages to Augusta, the sum of
$100.00 for each consecutive full calendar day Vendor has failed to meet the delivery of each
fire apparatus under this Contract. Penalty of$100.00 per day, per unit will apply for units
not meeting this criterion; provided, however, that liquidated damages in the aggregate
should not exceed five percent (5%) of the purchase price. The parties agree that these
provisions for liquidated damages are not intended to operate as penalties for Breach of
Contract. The liquated damages set forth above are not intended to compensate Augusta for
any damages other than inconvenience and loss of use or delay in use of fire apparatus. The
existence or recovery of such liquidated damages shall not preclude Augusta from recovering
other damages in addition to the payment made hereunder which Augusta can document as
being attributable to the documented Vendor's failure. In addition to other costs that may be
re-couped,Augusta may include costs of personnel and assets used to coordinate, inspect and
re-inspect apparatus within this Contact as well as attorney fees, if applicable.
14. Specified Excuses for Delay or Non-Performance. Neither Augusta nor Vendor shall be
liable for any delay in the performance of this Contract,nor for any other breach for any loss
or damage arising from uncontrollable forces such as fire, theft, storm, war, or any other
force major that could not have been reasonably avoided by the exercise of due diligence.
15. Temporary Suspension or Delay of Performance of Contract. To the extent that it does not
alter the scope of this Contact, Augusta my unilaterally order a temporary stopping of the
work or delaying of the work to be performed by Vendor under this Contract.
16. Termination for Convenience. Either party shall have the right to terminate this Contract, in
part or in whole, by giving written notice to the other party of such termination, specifying
the effective date thereof, at least ninety (90) days before the effective date of such
termination.
17. Termination for Cause. If through any cause,the Vendor fails to fulfill its obligations under
this Contract in a timely manner, or if the Vendor shall violate any of the covenants,
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agreements or stipulations of this Contract, Vendor will be given seven (7) days written
notice to correct said breach of Contract. Failure to correct said breach of Contract by
Vendor, (including, but not limited to, Vendor's services being deemed unsatisfactory by
Augusta), Augusta shall have the right to terminate this Contract, by written notice to Vendor
of such termination, specifying the effective date thereof, at least ten (10) days before the
effective date of such termination. This Contract may be terminated immediately if Vendor
fails to maintain insurance or fails to comply with the Workers' Compensation Act and
applicable laws.
In the event of a termination of this Contract Augusta and Vendor will, in good faith,
negotiate an appropriate reduction in the fees payable to Vendor.
18. Survival. Notwithstanding anything in this Contract to the contrary, the provisions of
Indemnification Section below shall survive any expiration or termination of this Contract
and each party shall remain obligated to the other party under all provisions of this Contract
that expressly or by their nature extend beyond and survive the expiration or termination of
this Contract.
19. Vendor's Insurance. Vendor shall, at all times that this Contract is in effect and for three (3)
years following acceptance of the product, cause to be maintained in force and effect
insurance policy(s) that will ensure and indemnify Augusta against liability or financial loss
resulting from injuries occurring to persons or property or occurring as a result of any
product defect, or negligent error, act, or omission of the Vendor in performance of the work
during the term of this Contract. Vendor shall provide, at all times that this Contract is in
effect and for three(3)years thereafter, insurance with limits of not less than:
a) Commercial General Liability Insurance and Product Liability Insurance in an amount of
not less than One Million ($1,000,000) Dollars for injuries, including those resulting in
death to any one person, and in an amount of not less than One Million ($1,000,000)
Dollars on account of any one occurrence;
b) Commercial Automotive Liability Insurance in an amount of not less than $1,000,000.00
and,
c) Umbrella/Excess Liability Insurance in an amount of not less than $25,000,000.00. The
umbrella policy shall be written on an occurrence basis and at a minimum provide excess
to the Vendor's General Liability,Automobile Liability and Employers Liability policies.
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. The Certificate of Insurance shall
include Augusta as an additional insured on the Commercial General Liability Policy
when required by written contract.
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20. Performance and Payment Bond. Vendor shall furnish a Performance and Payment Bond
(hereinafter referred to as "Bond") equal to one hundred percent (100%) of the total contract
amount within 30 days of the notice of award. Such Bond shall be in a form acceptable to
the Owner and issued by a surety company included within the Department of Treasury's
Listing of Approved Sureties (Department Circular 570) with a minimum A.M. Best
Financial Strength Rating of A and Size Category of XV. In the event of a bond issued by a
surety of a lesser Size Category, a minimum Financial Strength rating of A+is required.
Vendor and Vendor's surety agree that the Bond issued hereunder, whether expressly stated
or not, also includes the surety's guarantee of the vehicle manufacturer's Basic One (1) Year
Limited Warranty period included within this proposal. Vendor and Augusta agree that the
penal amount of this bond shall be one hundred percent (100%) of the total contract amount
upon satisfactory acceptance and delivery of the vehicle(s) included herein. Notwithstanding
anything contained within this Contract, the Surety's Liability for any warranties of any type
shall not exceed one (1) year from the date of such satisfactory acceptance and delivery, or
the actual Basic One(1) Year Limited Warranty period,whichever is shorter.
21. Warranty. Vendor will provide a three(3) year Manufacturer's Bumper-to-Bumper warranty
on each apparatus that is supplied to Augusta. The three (3) year warranty period begins
upon acceptance and delivery of each apparatus. This warranty applies only to Augusta, who
is the original purchaser of the vehicle. The warranty shall ensure that the vehicle has been
manufactured to the contract specifications and shall be free from defects in material and
workmanship that may appear under normal use and service within the warranty period. This
warranty may be subject to different time (engine hours) and mileage limitations for specific
components and part. After the expiration of the "Bumper to Bumper" warranty, any
remaining period of any Manufacturer's warranty will remain in effect.
The warranty shall not include routine maintenance as described in the service and operator's
manuals nor for items customarily replaced with proper maintenance and normal use of the
apparatus, such as tires, batteries, belts, etc., unless such items are defective. The
manufacturer shall either repair or replace any defective components or parts at the sole
discretion of the manufacturer and without cost to Augusta when performed within the
warranty period. All components and parts are covered by the Basic Vehicle Warranty unless
specifically covered by other descriptions or otherwise excluded herein. Warranty repairs
shall not constitute an extension of the original warranty period, for either the entire
apparatus or any specific components or parts. This warranty shall be inclusive and in lieu of
all other warranties during the three-year warranty period, whether written, oral or implied,
including but not limited to any warranty of merchantability or fitness for purpose. The
warranty shall be void and the manufacturer shall not be obligated to repair or replace any
component or part where the necessity of such replacement or repair, in the opinion of the
manufacturer, is due in whole or in part to loads in excess of factory rated capacities,
modification or alteration, accident or other misuse or abuse of the vehicle. In no event shall
the manufacturer be liable for special or consequential damages including but not limited to
injuries to persons or damage to property or loss of vehicle use. The apparatus shall be
maintained and serviced, by Augusta, according to the prescribed schedules outlined in the
operators and service manuals. Receipted bills or other evidence that required maintenance
and service has been performed, may be required by the manufacturer as a condition of the
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warranty.
22. Indemnification. Vendor shall indemnify, hold harmless, protect and defend Augusta and its
Commissioners, elected officials, trustees, officers, employees, agents, and representatives
(the "Indemnified Parties") for, from and against any and all demands, claims, suits,
damages, losses, liabilities, costs and expenses, including, but not limited to, court costs and
attorneys' fees (the "Indemnified Matters"), of any nature whatsoever (including, but not
limited to, damage to or loss of property,bodily injury or death), directly or indirectly arising
out of or in connection with Vendor's product or the performance of Vendor's obligations
under this Contract. Vendor's indemnification obligations shall apply whether the
Indemnified Matters are due in part to the concurrent fault or negligence of the Indemnified
Parties or others, but shall not extend to such concurrent fault or negligence.
Notwithstanding anything in this Contract to the contrary, the provisions of this Section shall
survive any expiration or termination of this Contract and each party shall remain obligated
to the other party under all provisions of this Contract that expressly or by their nature extend
beyond and survive the expiration or termination of this Contract. Vendor's defense
obligations shall be with attorneys approved by Augusta, which approval shall not be
unreasonably withheld.
23. Records. Vendor shall maintain throughout the term of this Contract and for a period of
seven (7) years thereafter records that indicate the date, time, and nature of the services
rendered. Vendor shall make available for inspection by Augusta all records, books of
account, memoranda, and other documents pertaining to Augusta, except medical records, at
any reasonable time upon request.
24. Open Records. Vendor acknowledge that all records relating to this Contract and the
services to be provided under the Contract may be a public record subject to Georgia's Open
Records Act (O.C.G.A. § 50-18-70, et seq.). Vendor shall cooperate fully in responding to
such request and making all records, not exempt, available for inspection and copying as
provided by law.
25. Prohibition Against Contingent Fee. The Vendor warrants that no person or selling agency
has been employed or retained to solicit or secure this Contract upon an agreement or
understanding for a commission, percentage, brokerage, or contingent fee, excepting bona
fide employees or bona fide established commercial or selling agencies maintained by
Vendor for the purpose of securing business and that the Vendor has not received any non-
Augusta fee related to this Contract without the prior written consent of Augusta. For breach
or violation of this warranty, Aug 1usta shall have the right to annul this Contract without
liability or at its discretion to deduct from the Agreement Price of consideration the full
amount of such commission,percentage,brokerage or contingent fee.
26.Non-Discrimination. During the performance of this Contract, Vendor shall comply with all
federal and state non-discrimination laws,regulation and policies in the administration of this
Contract. In the event of the Vendor's non-compliance or refusal to comply with non-
discrimination law, regulation, or policy in the administration of this Contract, this Contract
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may be rescinded, canceled or terminated in whole or in part, and the Vendor may be
declared ineligible for further Contracts with Augusta. The Vendor shall, however, be given
a reasonable time in which to correct any non-compliance.
27. Drug Free Workplace. Vendor will not engage in the unlawful manufacture, sale,
distribution, dispensation, possession, or use of a controlled substance or marijuana during
the performance of this Contract. Furthermore, if Vendor is a Georgia based company and
has more than one employee, including Vendor,Vendor shall provide for such employee(s) a
drug-free workplace program, in accordance with the Georgia Drug-free Workplace Act, as
provide in O.C.G.A. Section 50-24-1 et. seq. throughout the duration of this Contract.
28. Independent Vendor. The parties intend that Vendor's relationship to Augusta in providing
fire apparatus hereunder shall be that of an independent Vendor. Nothing in this Contract,
nor any performance hereunder, is intended or shall be construed to create a partnership,joint
venture or relationship of agency or employment between Augusta and Vendor. In providing
fire apparatus hereunder, Vendor shall represent itself to third parties as an independent
Contractor to Augusta and shall not hold itself out as having any authority to obligate Augusta.
Vendor shall have no authority for any complaints related to employment with Augusta,
Georgia and has no authority to hire, fire, discipline or otherwise effect the terms and conditions
of Augusta,Georgia employees,except as specifically set forth herein.
29. Title Assignment. Vendor does hereby assign, grant, and deliver to Augusta, and Augusta
hereby accepts, the entire worldwide right, title, and interest of every kind and nature
whatsoever in and to the deliverables under this Contract.
30.Power of Authority; Due Authorization; No Conflict; Enforceability. Each party represents
and warrants to the other party that (i) such party has the power and authority to execute,
deliver and perform its obligations under this Contract, (ii) the execution, delivery and
performance of this Contract have been duly authorized by such party and do not and shall
not conflict with any agreement or instrument to which it is bound, and (iii) this Contract
constitutes the legal, valid and binding obligation of such party, enforceable against it in
accordance with its terms.
31. Entire Agreement. This Contract, RFP# 17-137, including any exhibits/amendments attached
hereto, constitutes the entire agreement between the parties, and supersedes all prior and
contemporaneous agreements, understandings and negotiations, with respect to the subject
matter hereof.
32. Severability. In the event any provision of this Contract is determined to be invalid or
unenforceable, it is the desire and intention of the parties that such invalidity or
unenforceability not invalidate or render unenforceable the remainder of the Contract and
such provision be reformed and construed in such a manner that it will, to the maximum
extent practicable, be deemed valid and enforceable, and the rights and obligations of the
parties shall be construed and enforced accordingly. Each party shall execute and deliver
such further documents and take such further actions as may be required or reasonably
requested by the other party to effectuate the purposes of this Contract.
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33.No Assignment. This Contract may not be assigned or transferred, in whole or in part, by
operation of law or otherwise, by either party without the prior written consent of the other
party, and may not be amended or modified, by course of conduct or otherwise, except in a
writing duly executed by each of the parties.
34. Acknowledgment. Vendor acknowledges that this Contract and any changes to it by
amendment, modification, change order or other similar document may have required or may
require the legislative authorization of the Board of Commissioners and approval of the
Mayor. Under Georgia law, Vendor is deemed to possess knowledge concerning Augusta's
ability to assume contractual obligations and the consequences of Vendor's provision of
goods or services to Augusta under an unauthorized Contract, amendment, modification,
change order or other similar document, including the possibility that the Vendor may be
precluded from recovering payment for such unauthorized goods or services. Accordingly,
Vendor agrees that if it provides goods or services to Augusta under a Contract that has not
received proper legislative authorization or if the Vendor provides goods or services to
Augusta in excess of the any contractually authorized goods or services, as required by
Augusta's Charter and Code, Augusta may withhold payment for any unauthorized goods or
services provided by Vendor. Vendor assumes all risk of non-payment for the provision of
any unauthorized goods or services to Augusta, and it waives all claims to payment or to
other remedies for the provision of any unauthorized goods or services to Augusta, however
characterized, including, without limitation, all remedies at law or equity. Any waiver of any
provision of this Contract shall be in writing duly executed by the waiving party. The failure
or delay by either party to seek redress for any breach or default under this Contract or to
insist upon the strict performance of any provision of this Contract, shall not constitute a
waiver thereof or of any other provision of this Contract, and such party shall have all
remedies provided herein and at law and in equity with respect to such act and any
subsequent act constituting the same.
35.Notifications. Any notices required under this Contract shall be made in writing, postage
prepaid to the following addresses, and shall be deemed given upon hand deliver, verified
delivery by telecopy (followed by copy sent by United States mail), or three (3) days after
deposit in the United Stated Mail:
Augusta: Fire Chief
Augusta Fire Department Administration
3117 Deans Bridge Road
Augusta, Georgia 30906
Courtesy copy to: General Counsel
Augusta Law Department
535 Telfair Street, Building 3000
Augusta, Georgia 30901
Vendor: Manager, Order Management
Pierce Manufacturing Inc.
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2600 American Drive
Appleton, WI 54912-2017
36. Right to Inspect Premises. Augusta may, at reasonable times, inspect the part of the plant,
place of business, or work site of Vendor or any subcontractor of Vendor or subunit thereof
that is pertinent to the performance of any Contract awarded or to be awarded by Augusta.
37. Local Small Business Reporting. In accordance with Chapter 10B of the AUGUSTA, GA.
CODE, Contract or expressly agrees to collect and maintain all records necessary to for
Augusta, Georgia to evaluate the effectiveness of its Local Small Business Opportunity
Program and to make such records available to Augusta, Georgia. The requirements of the
Local Small Business Opportunity Program can be found at www.augustaga.gov. In
accordance with AUGUSTA, GA. CODE § 1-10-129(d)(7), for all Contract s where a local
small business goal has been established, the Vendor is required to provide local small
business utilization reports. Vendor shall report to Augusta, Georgia the total dollars paid to
each local small business on each Contract, and shall provide such payment affidavits,
regarding payment to subcontractors as may be requested by Augusta, Georgia. Such
documents shall be in the format specified by the Director of minority and small business
opportunities, and shall be submitted at such times as required by Augusta, Georgia. Failure
to provide such reports within the period specified by Augusta, Georgia shall entitle Augusta,
Georgia to exercise any of the remedies set forth, including but not limited to, withholding
payment from the Vendor and/or collecting liquidated damages.
38. E-verify: All Vendors entering into Contracts with Augusta, GA for the physical
performance of services shall be required to execute an Affidavit verifying its compliance
with O.C.G.A. § 13-10-91 stating affirmatively that the individual, firm, or corporation
which is contracting with Augusta, Georgia has registered with and is participating in a
federal work authorization program. All Vendors and subcontractors must provide their E-
Verj number and must be in compliance with the electronic verification of work authorized
programs operated by the United States Department of Homeland Security or any equivalent
federal work authorization program operated by the United States Department of Homeland
Security to verify information of newly hired employees, pursuant to the Immigration
Reform and Control Act of 1986 (IRCA), P.L. 99-603, in accordance with the applicability
provisions and deadlines established in O.C.G. A. § 13-10-91 and shall continue to use the
federal authorization program throughout the Contract term. All Vendors shall further agree
that, should it employ or contract with any subcontractor(s) in connection with the physical
performance of services pursuant to its Contract with Augusta, Georgia the Vendor will
secure from each subcontractor(s) each subcontractor's E-Verb number as evidence of
verification of compliance with O.C.G.A. § 13-10-91 on the subcontractor affidavit provided
in Rule 300-10-01-08 or a substantially similar form. All Vendors shall further agree to
maintain records of such compliance and provide a copy of each such verification to
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Augusta, Georgia at the time the subcontractor(s) is retained to perform such physical
services.
39. Governing Law and Jurisdiction and Venue. This Contract shall be governed by, and
construed and enforced in accordance with, the laws of the State of Georgia(without regard
to the conflicts or choice of law principles thereof). The parties irrevocably consent to the
jurisdiction of the State of Georgia, and agree that the Superior Court of Richmond County,
Georgia, shall be an appropriate and convenient place of venue to resolve any dispute with
respect to this Contract. In the event either party commences any proceeding against the
other party with respect to this Contract, the parties agree that neither party shall be entitled
to recover attorneys' fees except as otherwise specifically provided for by law.
40. Construction of Contract. The parties acknowledge and agree that both parties substantially
participated in negotiating the provisions of this Contract; and, therefore, the parties agree
that this Contract shall not be construed more favorably toward one party than the other party
because of one party primarily drafting the Contract. The section and other headings in this
Contract are for convenience of reference only and shall not be construed, expressly or by
implication, so as to affect the meaning or interpretation of any of the provisions hereof.
41. Conflicting and Precedence. The Contract Documents are complementary, and what is called
for one is as binding as if called for by all. In the event there are any conflicting provisions
or requirement in the component parts of this Contract, the several Contract Documents shall
take precedence in the following order:
RFP# 17-137
Contract-Including Exhibits
Amendments
IN WITNESS WHEREOF,Vendor and Augusta have duly executed and delivered this Contract.
PIERCE MANUFACTURING INC.,
Gf- e 'ldi 14k711.1Name: Anela Riedy C) Date
Title: Manager, Order Management
Address: Pierce,2600 American Drive
City/St/Zip: Appleton, WI 54912
AUGUSTA,GEORGIA ..
5
Hardie Davis,Jr. Date \11S\11
Page 10 of 12
Mayor
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Page 11 of 12
Exhibit"A"
Page 12 of 12
EXHIBIT "A"
441=1W-T*
PERFORM.LIKE NO OTHER.
PROPOSAL FOR FURNISHING FIRE APPARATUS
January 04,2017
Augusta Georgia Revised 1/25/2016
530 Greene street,room 605
Augusta,GA 30901
The undersigned is prepared to manufacture for you,upon an order being placed by you,for final acceptance by
Pierce Manufacturing,Inc.,at its home office in Appleton,Wisconsin,the apparatus and equipment herein named
and for the following prices:
SINGLE UNIT 5 UNITS 6 UNITS
Pierce Enforcer custom pumper, $525,707.00 $2,628,535.00 $3,154,242.00
per attached specification
Equipment listed for purchase $13,765.01 $68,825.05 $82,590.06
Ward"NO SMOKE"add on $10,573.73 $52,868.65 $63,442.38
Extended warranty, 5 year $26,800.00 $134,000.00 $160,800.00
Extended warranty,4 year $19,055.00 $95,275.00 $114,330.00
Extended warranty, 3 year $14,457.00 $72,285.00 $86,742.00
(see warranty statement for details)
Volume discounts $22,516.91 $112,584.60 $135,101.46
Trade of 5 Quantum units $11,000.00 $55,000.00 $55,000.00
TOTAL(with discounts)
Total with 5 year warranty $543,328.83 $2,716,644.15 $3,270,972.98
Total with 4 year warranty $535,583.83 $2,677,919.15 $3,224,502.98
Total with 3 year warranty $530,985.83 $2,654,929.00 $3,196,914.98
Price includes warranty inspection and in service training at customer's location
Said apparatus and equipment are to be built and shipped in accordance with the specifications hereto attached,
delays due to strikes,war,or intentional conflict,failures to obtain chassis,materials,or other causes beyond our
control not preventing,within about 315 Calendar days after receipt of this and the acceptance thereof at our office at
Appleton,Wisconsin,and to be delivered to you at:City of Augusta,Georgia.
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
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)rules 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.Unless accepted
within 90 days from date,the right is reserved to withdraw this proposition.
PIERCE MANUFACTURING,INC.
By:
SALES REPRESENTATIVE
•
•
•
Fire and Safetyof
. � Eufnment
GA SALES QUOTE
tN SERVICE TO SERVE YOU
1591 Collier Road
Forsyth,GA 31029 REMIT TO: Sales Quote Number: 507050
PHONE:1-478-994-3235 2904 59th Ave.Dr.E Sales Quote Date: 12/09/16
FAX:1-47,8-994-6458 Bradenton,FL 34203
snow.ten85re.com
Page: 1
Sell AUGUSTA RICHMOND FIRE DEPT. Ship AUGUSTA RICHMOND FIRE DEPT.
To: 3117 DEANS BRIDGE ROAD To: 3117 DEANS BRIDGE ROAD
AUGUSTA, GA 30906 AUGUSTA, GA 30906
Ship Via: STANDARD DELIVERY Ten-8 Contact EVOSS
Payment terms: NET 30 DAYS Customer ID: TEN-8 GA
Item No. Description Unit Quantity Unit Price Total Price
STF QUOTE FOR AUGUSTA
AKP-4825 2.5 ASSAULT NOZZLE SPIN TEETH EACH 2 715.91 1,431.82
i
AKK-4820 NOZZLE 1.5 NST ASSAULT P/G EACH 1 563.14 563.14
95@100
AKR-1763 WIDE RANGE TURBOJET W/PISTOL G EACH 3 733.59 2,200.77
AKR-3423 .• APOLLO DUAL-INLET PORTABLE& EACH 1 3,437.50 3,437.50
DECK MONTIOR
2 1/2"OR 3" INLET w/tube and tips
HAR-HCN-25NH CELLAR NOZZLE 2.5" EACH 1 388.89 388.89
TFT-FQS125BCPL QUADRACUP NOZZLE LP EACH 1 549.25 549.25
ELK-B-100A BALL VLV WYE 2.5F X(2) 1.5M EACH 1 236.30 236.30
HAR-HHGV-25NH-25NH HYDRANT GATE VALVE EACH 1 196.97 196.97
Transferred to page 2 9,004.64
•
•
Fire and Safety
7/1117.8 Equipment of
GA SALES QUOTE
IN SERVICE TO SERV VOIJ
1591 Collier Road
Forsyth,GA 31029 REMIT TO: Sales Quote Number: SQ7050
PHONE: 1-478-994-3235 2904 59th Ave.Dr.E Sales Quote Date: 12/09/16
FAX:1-478-994-6458 Bradenton,FL 34203
wxtiv.ten8fre.com Page: 2
Sell AUGUSTA RICHMOND FIRE DEPT. Ship AUGUSTA RICHMOND FIRE DEPT.
To: 3117 DEANS BRIDGE ROAD To: 3117 DEANS BRIDGE ROAD
AUGUSTA, GA 30906 AUGUSTA, GA 30906
Ship Via: STANDARD DELIVERY Ten-8 Contact EVOSS
Payment terms: NET 30 DAYS Customer ID: TEN-8 GA
Item No. Description Unit Quantity Unit Price Total Price
Transferred from page 1 9,004.64
HEB-3HC HOSE CLAMP 2.5-3 EACH 1 201.95 201.95
B j00 LEATHER HOSE JACKET EACH 1 54.48 54.48
STR-44451 C4 LED FIRE VULCAN WNEH MOUNT EACH 4 154.95 619.80
HUS-HTV-121410 SALVAGE COVER 12 x 14 10oz EACH 2 76.39 152.78
SFF-PHAFR6LB PICK HD AX 6LB FG HNDL RUBBER EACH 1 39.45 39.45
GRIP
3FF-FHAFR6LB FLAT HD AX 6LB FG HNDL RUBBER EACH 1 38.65 38.65
GRIP
3FF-PP-06 6FT PIKE POLE F/G EACH 1 44.46 44.46
3FF-PP-08 8FT PIKE POLE FG EACH 1 50.42 50.42
WX-411 20LB ABC EACH 1 115.78 115.78
Transferred to page 3 10,322.41
I
Fire and Safety
siarrit.8 Erhldhltof
SALES QUOTE
IN SERVICE TO SERVE 1'Ou
1591 Collier Road
Forsyth,GA 31029 REMIT TO: Sales Quote Number: SQ7050
PHONE:1-478-994-3235 2904 59th Ave.Dr.E Sales Quote Date: 12/09/16
FAX:1-478-994-6458 Bradenton,FL 34203
www.ten8fire Ecom
Page: 3
Sell AUGUSTA RICHMOND FIRE DEPT. Ship AUGUSTA RICHMOND FIRE DEPT.
To: 3117 DEANS BRIDGE ROAD To: 3117 DEANS BRIDGE ROAD
AUGUSTA, GA 30906 AUGUSTA, GA 30906
Ship Via: STANDARD DELIVERY Ten-8 Contact EVOSS
Payment terms: NET 30 DAYS Customer ID: TEN-8 GA
Item No. Description Unit Quantity Unit Price Total Price
Transferred from page 2 10,322.41
AMX-240 EXTINGUISH 2.5G H2O EACH 1 88.06 88.06
L MB20-B EMT FIRST RESPONDER BAG BLUE EACH 1 30.30 30.30
LXP-LXSMK-A BASIC FIRST RESPONDER FILL KIT EACH 1 45.45 45.45
USC-148-3 TRIPLE WRENCH SET W/HOLDER SET 3 76.77 230.31
USC-352525 ADAPT DBL FEMALE 2.5" NST EACH 2 19.19 38.38
USC-362525 ADAPT DBL MALE 2.5" NST EACH 2 12.12 24.24
SFF-RMFG RUBBER MALLET FG HANDLE 2LB EACH 1 11.88 11.88
ERG-8240 HL M/L SAFETY VEST LIME EACH 6 16.98 101.88
MISC-TCL-03-500-80-5 5 SPRING CONES 28" W/LT IN BAG EACH 1 139.60 139.60
Transferred to page 4 11,032.51
Fire and Saf
. .
•
•
. . .
Equipment ofely
EN'S G
SALES QUOTE
IN SERVICE TO SERVE YOU
1591 Collier Road
Forsyth.GA31029 REMIT TO: Sales Quote Number: SQ7050
PHONE:1-478-994-3235 2904 59th Ave.Dr.E Sales Quote Date: 12/09/16
FAX:1-478-994-6458 Bradenton,FL 34203
www.ten8fire tom Page: 4
Sell AUGUSTA RICHMOND FIRE DEPT. Ship AUGUSTA RICHMOND FIRE DEPT.
To: 3117 DEANS BRIDGE ROAD To: 3117 DEANS BRIDGE ROAD
AUGUSTA, GA 30906 AUGUSTA, GA 30906
Ship Via: STANDARD DELIVERY Ten-8 Contact EVOSS
Payment terms: NET 30 DAYS Customer ID: TEN-8 GA
Item No. Description Unit Quantity Unit Price Total Price
Transferred from page 3 11,032.51
SFF-PP-04D 4FT PIKE POLE, FG W/D HANDLE EACH 1 47.21 47.21
C 1+‘L1P36 DROP FORGED HALLIGAN 36" EACH 1 170.80 170.80
CTC-60PP PRY BAR 36" EACH 1 26.01 26.01
SFF-BC36 36"BOLT CUTTER EACH 1 60.90 60.90
1AR-H200-60NHFS-25NHM GATED WYE 6"F X(2)2.5 M EACH 1 476.77 476.77
rFT-AB3ST-NX Ball Intake Vlv 5 Stz Swvl X 6 Swvl EACH 1 1,093.44 1,093.44
JSC-SSE-5X50R ELBOW 5"STORZ X 5"FEM EACH 1 136.37 136.37
rFT-A3820 HOSE ROLLER EACH 1 142.04 142.04
?IC-SAC-44-E CHOC SPACE SAVER FLD EACH 2 220.80 441.60
Transferred to page 5 13,627.65
•
Fire and Safety
IN- Equipment of
SALES QUOTE
IN SERVICE TO SERVE YOU
1591 Collier Road
Forsyth,GA 31029 REMIT TO:
7050
PHONE:1-478-994-3235 2904 59th Ave.Dr.E Sales Sales QuoteQuote DNumate: S /09/1
FAX:1-478-994-6458 Bradenton,FL 34203 Date: 12/09/16
ovicienilfirezom
Page: 5
Sell AUGUSTA RICHMOND FIRE DEPT. Ship AUGUSTA RICHMOND FIRE DEPT.
To: 3117 DEANS BRIDGE ROAD To: 3117 DEANS BRIDGE ROAD
AUGUSTA, GA 30906 AUGUSTA, GA 30906
Ship Via: STANDARD DELIVERY Ten-8 Contact EVOSS
Payment terms: NET 30 DAYS
Customer ID: TEN-8 GA
Item No. Description Unity
Quantit Unit Price Total Price
Transferred from page 4
21C-SACH a4-H HOLDER HORIZONTAL 13,627.65
EACH 2 68.68 137.36
•
Amount Subject to Amount Exempt Subtotal: 13,765.01
Sales Tax from Sales Tax Invoice Discount: 0.00
0.00 13,765.01 Sales Tax: 0.00
Total: 13,765.01
• Quote submitted by: EVOSS
This Quote is valid until 01/08/17