HomeMy WebLinkAbout08-05-19 City Commission Packet Materials - C13. PA with Tri State Truck & Equipment for a 2020 Tandem Axle Truck
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Alex Nordquest, City Forester
Kevin Handelin, Solid Waste Superintendent
SUBJECT: Authorize the City Manager to sign a purchase agreement for a 2020
Tandem Axle Truck with Grapple and Dump Box for a total of
$207,280.00 with Tri State Truck & Equipment, Inc. in Billings MT. MEETING DATE: August 5, 2019
AGENDA ITEM TYPE: Consent Agenda
RECOMMENDATION: Authorize the City Manager to sign a purchase agreement for a 2020 Tandem Axle Truck with Grapple and Dump Box for a total of $207,280.00 with Tri State Truck & Equipment, Inc. in Billings MT.
BACKGROUND: A Notice of Award was approved by the Commission on July 1 to award
the bid for a 2020 Tandem Axle Truck with Grapple and Dump Box to Tri State Truck & Equipment out of Billings, Montana. This authorizes the City Manager to sign the purchase agreement.
FISCAL EFFECTS: The FY19 Capital Improvement Program includes funds in both
the Tree Maintenance District and the Solid Waste Division budgets. Those funds will be rolled into FY20.
ALTERNATIVES: As suggested by the City Commission.
Attachments: Bid Purchase Agreement
Notice of Award
Report compiled on: 7/23/19
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BID PURCHASE AGREEMENTTHIS AGREEMENT is made this 1st day of July, 2019, by and between the CITY OFBOZEMAN, a municipal corporation organized and existing under the laws of the State ofMontana, 121 North Rouse Ave., Montana 59715, hereinafter referred to as "City," and, _TRISTATE TRUCK & EQUIPMENT, INC. hereinafter referred to as ("Seller").In consideration of the mutual promises and agreements hereinafter contained, the partiesagree as follows:1. PROPERTY PURCHASED: Seller agrees to sell and City agrees to purchase the propertyrequested and described in the Bid Specifications for One (1) New Current Model Year 2020or Newer Tandem Axle Truck With Installed Grapple And Dump Box, from the Seller all ofwhich is incorporated into this Purchase Agreement by this reference. By accepting thisPurchase Agreement, Seller hereby agrees that the sale, use, or incorporation into manufacturedproducts of all machines, software, hardware, materials and other devices furnished under thisPurchase Agreement which are not of the Seller's design, composition, or manufacture shall befree and clear of infringement of any valid patent, copyright, or trademark. Seller shall hold theCity harmless from any and all costs and expenses, including attorney fees, liability, and loss ofany kind growing out of claims, suits, or actions alleging such infringement, and Seller agrees todefend such claims, suits, or actions.The property being purchased ("Property") consists of One (1) New Current ModelYear 2020 or Newer Tandem Axle Truck With Installed Grapple And Dump BoxTOTAL PRICE (including shipping): $207,280.002. SPECIFICATIONS: The Seller agrees that all material and workmanship in andupon this Property complies with Addendum A as accepted by the City. Unless otherwise agreedto by the City, the items listed in Addendum A and Section 1 of this agreement, govern in theevent of inconsistencies with the Seller's response to the same.3.PRICE: The City agrees to pay Two Hundred Seven Thousand, TwoHundred Eighty Dollars as the purchase price. All prices include any applicable local, state orfederal taxes that may be applied to the Property to be purchased. This price is firm and notsubject to escalation under agreed to in writing by the City.4. DELIVERY AND PAYMENT: Time is of the essence in the performance ofthis Purchase Agreement. Seller assumes full responsibility for all transportation, transportationscheduling, packing, handling, insurance, and other served associated with delivery of theProperty.One(1) New Curreiit Mode! Year 2020 or Newer 'iandem AxJe 'I'nics widi iiistaileij Grapple and Dump BoxPage 2 ot4234
Seller agrees to delivery toj:he Qty in a ful,binstalled no later than^NovomBcr 1, 21119.^rational status and all accessoriesproperly installed no later than^NovomBcr 1, 21119. Delivery will occur at the VehicleMaintenance Shop, 1812 North Rouse Avenue, Bozeman, MT 59715, or at a place otherwiseselected by City. If delivery of the Property and/or performance of services required under thisPurchase Agreement cannot be made Seller shall promptly notify the City of the earliest possibledate for delivery or performance. Notwithstanding such notice, if Seller for any reason fails todeliver the Property or perform required services within the time specific or to the City'ssatisfaction the City may terminate this Purchase Agreement or any part therefore withoutliability except for good or services previously provided and accepted. The City's receipt oracceptance of any part of a non-confonning delivery or service shall not constitute a waiver ofany claim, right or remedy the City has under this Purchase Agreement or applicable law. Upondelivery and for a reasonable period thereafter, City has the right to inspect the Property toensure that it meets Specifications as modified by Seller's responses which have been acceptedby City. If the Property meets the Specifications, City shall tender the purchase price statedabove to Seller through the City's normal claim process. Unless otherwise agreed to in writing,payment terms shall be net thirty (30) days from the date of receipt of invoice or acceptance anddelivery of goods and services by the City, whichever occurs last. Payment will be made toSeller at the address previously stated unless Seller provides a different address in writing.Invoices must be mailed to City of Bozeman, Attn: John Van Delinder at P.O. Box 1230,Bozeman,MT 59711-1230.5.NONDISCRIMINATION: Seller will not discriminate in the performance ofthis Agreement on the basis of race, color, religion, creed, sex, age, marital status, nationalorigin, or because of actual or perceived sexual orientation, gender identity or disability and shallensure this provision applies to all subcontracts let by the Seller in fulfillment of this PurchaseAgreement.6. DEFAULT/ TERMINATION/ REMEDIES: In the event of Seller's breach ofthis Purchase Agreement, including if Seller fails to deliver the Property as set forth herein orfails to meet City's Specifications, City may, at its option, take any or all of the following actionswithout prejudice to any other rights or remedies available to the City by law: (i) declare theSeller in default and immediately cancel and rescind this Purchase Agreement; (ii) require Sellerto repair or replace any equipment or materials used in the Property, and upon Seller's failure orrefusal to do so, repair or replace the same at Seller's expense; (iii) reject any material orequipment included in the Property containing defective or nonconforming equipment ormaterial and return for credit or replacement at Seller's option; or (iv) cancel any outstandingdeliveries and treat such breach by Seller as Seller's repudiation of this Purchase Agreement.Thereafter, City may procure substitute property to replace the Property described herein.In such event. Seller is liable to City for the difference between the price set forth herein and theprice paid by City for the replacement property. Additionally, the City may pursue any otherremedy it has at law or in equity.One(1i New Ciirrent Motiel Year 2020 or Newer Tandem Axie 'i'ruck witli liistaiSed Grapple a!i<! Dump BoxPage 2 of 4235
In the event of the City's breach hereunder, Seller's exclusive remedy shall be Seller'srecovery of the material or equipment or of the Purchase Price or portion of the Purchase Pricepayable for equipment and material delivered to the City prior to such breach.7. CHANGE ORDERS: The City shall have the right to revoke, amend, or modifythis Purchase Agreement or the equipment or material included in the Quotation at any time.Seller's receipt of City's written change order without response received by the City within 10(ten) business days or Seller's shipment or other performance reflecting the change, whicheveroccurs first, shall be Seller's acceptance of the change without any price or other adjustment.8. WARRANTY: THE SELLER SHALL WARRANTY THE PROPERTYINCLUDING ALL COMPONENT PARTS IN ACCORDANCE WITH WARRANTYSPECIFICS LISTED IN ADDENDUM B AND SHALL ASSIGN TO THE CITY ALLWARRANTIES FOR ALL COMPONENT PARTS OF THE PROPERTY NOTWARRANTIED BY SELLER. IN ADDITION, THE SELLER AGREES THEPROPERTY IS COVERED BY IMPLIED WARRANTIES FOR MERCHANTABILITYAND FITNESS FOR THE PARTICULAR PURPOSE FOR WHICH IT HAS BEENPURCHASED. IN ADDITION TO ANY OTHER EXPRESSED OR IMPLIEDWARRANTIES AND UNLESS OTHERWISE AGREED IN WRITING, SELLER ALSOWARRANTS THAT ALL EQUIPMENT DELIVERED HEREUNDER WILL BE NEW,SUITABLE FOR USE AS DESCRIBED, OF THE GRADE AND QUALITY SPECIFIED,FREE FROM ALL DEFECTS IN DESIGN, MATEMAL AND WORKMANSHIP; INCONFORMITY WITH ALL SPECIFICATIONS FURNISHED; IN COMPLIANCEWITH ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS ANDREGULATIONS AND FREE FROM ANY LIENS AND ENCUMBRANCES. THESEWARRANTIES SHALL NOT BE DEEMED TO EXCLUDE SELLER'S STANDARDWARRANTIES OR OTHER RIGHTS OR WARRANTIES WHICH THE CITY MAYHAVE OR OBTAIN.9. INSURANCE/INDEMNIFICATION: The Seller shall insure the Property for aminimum of the purchase price against all damages during the delivery period per theSpecifications. In addition to and independent from the above, during the delivery period Sellershall defend, indemnify, and hold the City, its officers, employees, and agents harmless againstclaims, demands, suits, damages, losses, and expenses connected therewith that may be assertedor claimed against, recovered from or suffered by the City by reason of any injury or loss,including but not limited to, personal injury, including bodily injury or death, property damage,occasioned by, growing out of, or in any way arising or resulting from any intentional ornegligent act on the part of Seller, it's agents or employees. This provision shall survive deliveryand acceptance by the city of the Property.10. ASSIGNMENT: Seller may not delegate, subcontract, or assign any duties andservices or assign any rights or claims under this Purchase Agreement without the expresswritten consent of City.One(1i New Curreiit h'lodel Yeas- 2020 or Newer 'I'!andem Axie "rruck with liistalied Grapple asi<i Diimp BoxPage 3 of 4236
11. ENTIRE AGREEMENT: This Agreement, including its appendices, if any,embodies the entire understanding between the parties relating to the subject matter containedherein. No agent or representative of either party has authority to make any representations,statements, warranties or agreements not herein expressed and all modifications or amendmentsof this Agreement, including the appendices, must be in writing and signed by an authorizedrepresentative of each of the parties hereto.12.APPLICABILITY: This Agreement and any extensions hereof shall begoverned and construed in accordance with the laws of the State of Montana, venue shall be inthe Eighteen Judicial District, Gallatin County Montana, and the same is binding upon theparties, their heirs, successors, and assigns.IN WITNESS WHEREOF, the parties have caused this Agreement to be executed bytheir duly authorized representatives the day and year first above written.CITY OF BOZEMANBy_SE:Date:Andrea Surratt, City Manager'Name: 7/x3^t<»» Zi'^i^s.rPrint iTitle: ^s.^Lo^-:^7/^?Date: £?•?//f/^gi<)APPROVED AS TO FORM:By_Greg Sullivan, City AttorneyOne (!) New Curreiit Model Year 2020 or Newer Tandem Axle Truck wiiii liistaiied Grapple and Dump BoxPage 4 of 4237
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