HomeMy WebLinkAbout20- Purchase Agreement - Floyd's Truck Center - 1 New Dump Truck BID PURCHASE AGREEMENT
THIS AGREEMENT is made this 131� day of �o , 2Q:k, by and between the
CITY OF BOZEMAN, a municipal corporation organized and existing under the laws of the
State of Montana, 121 North Rouse Ave., Montana 59715,hereinafter referred to as "City," and
Floyd's Truck Center, with a mailing address of 310 Alaska Frontage Road,Belgrade MT
59714,hereinafter referred to as ("Seller").
In consideration of the mutual promises and agreements hereinafter contained, the parties
agree as follows:
1. PROPERTY PURCHASED: Seller agrees to sell and City agrees to purchase the
property requested and described as One (1) New Dump Truck (Current Model Year 2019 or
Newer) (the "Property"), and services from the Seller in accordance with the bid specifications
attached hereto as Exhibit A,which is incorporated into this Purchase Agreement by this reference.
By accepting this Purchase Agreement, Seller hereby agrees that the sale, use, or incorporation
into manufactured products of all machines, software, hardware, materials and other devices
furnished under this Purchase Agreement which are not of the Seller's design, composition, or
manufacture shall be free and clear of infringement of any valid patent, copyright, or trademark.
Seller shall hold the City harmless from any and all costs and expenses, including attorney fees,
liability, and loss of any kind growing out of claims, suits, or actions alleging such infringement,
and Seller agrees to defend such claims, suits, or actions.
TOTAL PRICE (including shipping): $96,170
2. SPECIFICATIONS: The Seller agrees that all material and workmanship in and
upon this Property complies with Exhibit A as accepted by the City. Unless otherwise agreed to
by the City, the items listed in Exhibit A and Section 1 of this agreement, govern in the event of
inconsistencies with the Seller's response to the same.
3. PRICE: The City agrees to pay Ninety Six Thousand One Hundred Seventy
Dollars ($96,170) as the purchase price. All prices include any applicable local, state or federal
taxes that may be applied to the Property to be purchased. This price is firm and not subject to
escalation under agreed to in writing by the City.
4. DELIVERY AND PAYMENT: Time is of the essence in the performance of this
Purchase Agreement. Seller assumes full responsibility for all transportation, transportation
scheduling, packing, handling, insurance, and other served associated with delivery of the
Property.
Seller agrees to delivery to the City in a fully operational status and all accessories
properly installed no later than April 15t'2020. Delivery will occur at the Vehicle
Maintenance Shop, 1812 N Rouse Avenue,Bozeman,MT 59715, or at a place otherwise
selected by City. If delivery of the Property and/or performance of services required under this
One(1)Dump Truck(Current Model Year 2019 or newer)Purchase Agreement
Page 1 of 5
Purchase Agreement cannot be made Seller shall promptly notify the City of the earliest possible
date for delivery or performance. Notwithstanding such notice, if Seller for any reason fails to
deliver the Property or perform required services within the time specific or to the City's
satisfaction the City may terminate this Purchase Agreement or any part therefore without
liability except for good or services previously provided and accepted. The City's receipt or
acceptance of any part of a non-conforming delivery or service shall not constitute a waiver of
any claim,right or remedy the City has under this Purchase Agreement or applicable law. Upon
delivery and for a reasonable period thereafter, City has the right to inspect the Property to
ensure that it meets Specifications as modified by Seller's responses which have been accepted
by City. If the Property meets the Specifications, City shall tender the purchase price stated
above 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 and
delivery of goods and services by the City, whichever occurs last. Payment will be made to
Seller at the address previously stated unless Seller provides a different address in writing.
Invoices must be mailed to: City of Bozeman,Attn: John Alston,PO BOX 1230,Bozeman
MT 59771.
5. NONDISCRIMINATION: Seller will not discriminate in the performance of this
Agreement on the basis of race, color, religion, creed, sex, age, marital status, national origin, or
because of actual or perceived sexual orientation,gender identity or disability and shall ensure this
provision applies to all subcontracts let by the Seller in fulfillment of this Purchase Agreement.
6. DEFAULT/ TERMINATION/ REMEDIES: In the event of Seller's breach of
this Purchase Agreement,including if Seller fails to deliver the Property as set forth herein or fails
to meet City's Specifications, City may, at its option, take any or all of the following actions
without prejudice to any other rights or remedies available to the City by law: (i)declare the Seller
in default and immediately cancel and rescind this Purchase Agreement;(ii)require Seller to repair
or replace any equipment or materials used in the Property, and upon Seller's failure or refusal to
do so,repair or replace the same at Seller's expense; (iii)reject any material or equipment included
in the Property containing defective or nonconforming equipment or material and return for credit
or replacement at Seller's option; or (iv) cancel any outstanding deliveries 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 the price paid by City for the replacement
property. Additionally,the City may pursue any other remedy it has at law or in equity.
In the event of the City's breach hereunder, Seller's exclusive remedy shall be Seller's
recovery of the material or equipment or of the Purchase Price or portion of the Purchase Price
payable 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 modify
this 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, whichever l
One(1)Dump Truck(Current Model Year 2019 or newer)Purchase Agreement
Page 2 of 5
occurs first, shall be Seller's acceptance of the change without any price or other adjustment.
8. WARRANTY: THE SELLER SHALL WARRANTY THE PROPERTY
INCLUDING ALL COMPONENT PARTS IN ACCORDANCE WITH WARRANTY
SPECIFICS LISTED IN EXHIBIT A AND SHALL ASSIGN TO THE CITY ALL
WARRANTIES FOR ALL COMPONENT PARTS OF THE PROPERTY NOT
WARRANTIED BY SELLER. IN ADDITION,THE SELLER AGREES THE PROPERTY
IS COVERED BY IMPLIED WARRANTIES FOR MERCHANTABILITY AND FITNESS
FOR THE PARTICULAR PURPOSE FOR WHICH IT HAS BEEN PURCHASED. IN
ADDITION TO ANY OTHER EXPRESSED OR IMPLIED WARRANTIES AND UNLESS
OTHERWISE AGREED IN WRITING, SELLER ALSO WARRANTS 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, MATERIAL AND WORKMANSHIP; IN CONFORMITY WITH
ALL SPECIFICATIONS FURNISHED; IN COMPLIANCE WITH ALL APPLICABLE
FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS AND FREE FROM ANY
LIENS AND ENCUMBRANCES. THESE WARRANTIES SHALL NOT BE DEEMED TO
EXCLUDE SELLER'S STANDARD WARRANTIES OR OTHER RIGHTS OR
WARRANTIES WHICH THE CITY MAY HAVE OR OBTAIN.
9. INSURANCE/INDEMNIFICATION: The Seller shall insure the Property for a
minimum of the purchase price against all damages during the delivery period per the
Specifications. In addition to and independent from the above, during the delivery period Seller
shall defend, indemnify, and hold the City, its officers, employees, and agents harmless against
claims, demands, suits, damages, losses, and expenses connected therewith that may be asserted
or 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 or negligent act on the
part of Seller, it's agents or employees. This provision shall survive delivery and acceptance by
the city of the Property.
10. ASSIGNMENT: Seller may not delegate, subcontract, or assign any duties and
services or assign any rights or claims under this Purchase Agreement without the express written
consent of City.
11. ENTIRE AGREEMENT: This Agreement, including its appendices, if any,
embodies the entire understanding between the parties relating to the subject matter contained
herein. No agent or representative of either party has authority to make any representations,
statements, warranties or agreements not herein expressed and all modifications or amendments
of this Agreement, including the appendices, must be in writing and signed by an authorized
representative of each of the parties hereto.
12. APPLICABILITY: This Agreement and any extensions hereof shall be governed
and construed in accordance with the laws of the State of Montana,venue shall be in the Eighteen
One(1)Dump Truck(Current Model Year 2019 or newer)Purchase Agreement
Page 3 of 5
I,
it
I
Judicial District, Gallatin County Montana, and the same is binding upon the parties, their heirs,
successors, and assigns.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by
their duly authorized representatives the day and year first above written.
CIT OF BOZEMn- A___>ate:
SELLER
By : Z By I � — Date: I2 !;
Dennis M. Taylor,Interim Cfty Manager Print Name: Cr- Owe✓%
Print Title:
APPROVED AS TO FORM:
By
if a , City Attorney
One(1)Dump Truck(Current Model Year 2019 or newer)Purchase Agreement
Page 4 of 5
l l_J1S\H..�.T A
MD SP EcCIFICArlT'UONS
One(1)Dump Truck(Current Model Year 2019 or newer)Purchase Agreement
Page 5 of 5
City of Bozeman
Bozeman Water & Sewer Department
Bozeman, MT 59715
Bid specifications and bid form.
Note: The bid must be submitted on this form.
One (1) New Dump Truck (Current Model Year 2019 or newer)
The vehicle described herein shall be a new, North American manufactured, 2019 or newer
production. The truck shall be in compliance with the 2019 or current emission laws, All parts and
accessories, which are required to compose a complete unit, shall be furnished whether herein
stipulated or not. Unless otherwise noted in the following specifications, all equipment cataloged
as standard shall be furnished and included in the purchase price of the unit.
Section 1 Standard Options
All standard options, whether expressly stated here or not, shall be included. Cab interior shall
be of the manufacturer's medium quality.
Yes X No Exceptions
Section 2 Color
Color shall include white base and clear coat on the cab, and enamel durnp bed. Color shall be
verified upon awarding of bid
Yes No Exceptions
Section 3 Cab
Cab style shall be front-end hood, tilt type, conventional style short hood. Preference will be
given to a sloped hood with the most visibility.
Yes _.K No Exceptions
Hood shall tilt open to a full ninety (90) degrees.
Yes No Exceptions
The hood should have access latches to allow operator to check the fluid levels if available.
Yes No __ Exceptions Nn f j�AU."
Driver's seat shall be a premium air suspension seat. Seat must allow for tilt back, with both
angle and lumbar adjustment. Seat must have high back, foldable arm rests, with cloth
upholstery.
Yes_ _)S, No Exceptions
Truck shall be equipped with retractable seat belts and shall be lap/shoulder type.
Yes )< No Exceptions
Truck shall have arctic type windshield wipers with a delay function. Washer reservoir shall be
a minimum 2 gallons.
Yes _ )< _ No Exceptions
Power windows on driver and passenger sides,
Yes X No Exceptions
Cab shall have cab assist handles on both right and left side.
Yes �>( No Exceptions
Cab shall have dome lights with manual and automatic door switch.
Yes X No Exceptions
Two (2) 12 volt dash mounted receptacles.
Yes _ X No Exceptions
Air horn with shield shall be installed on truck.
Yes No Exceptions
Doors shall have door seals mounted on the doors.
Yes )_ No Exceptions
Mirrors shall be Cowl mounted
Yes No )( Exceptions oor y\+f'A
Both driver and passenger side primary mirrors shall be heated.
Yes X No Exceptions
Truck shall have factory installed AM/FM radio with clock and auxiliary input.
Yes X No - - Exceptions
Heater shall be high output with minimum three (3) speed fan.
Yes _ No Exceptions
Truck shall have air conditioning
Yes _ No Exceptions
Truck shall have dual sun visors.
Yes _ X No Exceptions
Cab shall have full length heavy duty insulated rubber floor covering.
Yes No Exceptions
Truck shall have common key for door and ignition. A minimum of two (2) keys will be provided.
Yes _�� No Exceptions
Truck shall have an adjustable telescoping/tilt steering wheel.
Yes �_ No Exceptions
Cab shall have air mounts
Yes X No Exceptions
Section 4 Instruments and Controls
Truck shall be equipped with two inch electric fuel gauge,
Yes X _ No Exceptions
Truck shall be equipped with a dash mounted air restriction indicator.
Yes _ y No Exceptions
Truck shall be equipped with an hour meter and shall run when key is turned to the on position.
Yes _)( _ No Exceptions
Speedometer shall be calibrated to compensate for axle ratio and tire size.]V Yes No Exceptions
Truck—shall be equipped with self-canceling signal switch with emergency flashers.
Yes X _ No Exceptions
Truck shall be equipped with an oil pressure gauge,
Yes_ Y No Exceptions
Truck shall be equipped with a transmission temperature gauge.
Yes >( No Exceptions
Truck shall be equipped with a water temperature gauge.
Yes X _ No Exceptions
Dash shall be wrap around or wing type
Yes No Exceptions
Truck shall be equipped with cruise control.
Yes No Exceptions
Truck shall be equipped with warning system which consists of lights and buzzer for low oil
pressure, high water temperatures and low air pressure.
Yes ( _ No Exceptions
Truck shall be equipped with wiring pigtail for box installation
Yes No Exceptions
Truck shall have three additional switches mounted in the dash with indicator lights and wire
routed to the back of the cab. Switches labeled OPT.
Yes_ No Exceptions
'Truck shall have color-coded or numbered wiring and air lines with identification tags or color
coding.
Yes x No Exceptions
Section 5 Frame
Truck must be equipped with two (2)front and two (2) rear mounted tow hooks.
Yes No Exceptions
Truck will have a pintle hitch with 7 prong round trailer plug.
Yes X No Exceptions
Section 6 Tires
Drive tires shall be Bridgestone L320 16 ply 11/22.5
Yes No _� Exceptions [5n'dg 296q P 7 70 _((>Pq 4(( 5
Truck shall have a tire pressure maintenance system on rear tires, Cat Eye"m or equal.
Yes _ )<_ No Exceptions
Front tires shall be twenty (20) ply Bridgestone M843 315/80R22.5 radial tires.
Yes No Exceptions
Section 7 Wheels
Truck shall have steel rims that meet or exceed GVW ratings.
Yes _ X No Exceptions
Duals shall have ample clearance to allow the use of heavy duty truck, single or dual tire chains
Recommended spacing is one and three quarter inch (13/,") minimum.
Yes X No Exceptions
Truck shall have mud flaps front and rear of duals and rear of front tires.
Yeses No Exceptions
Section 8 Rear Axle Suspension & Brakes
Rear suspension shall be rated for twenty one thousand (21,000) pounds minimum, and all axle
components must match the twenty one thousand (21,000) pound rating.
Yes � No Exceptions
Truck shall) have a driver-controlled traction differential for rear axle.
Yes X No Exceptions
Rear axle shall be twenty one thousand (21,000) pounds with synthetic lube.
Yes No Exceptions
Truck shall be equipped with shock absorbers that match GVW of vehicle.
`(es_ No Exceptions
Truck shall be equipped with a BendixTm A.D.W. heated air dryer or equivalent model.
Yes � No Exceptions
Truck.shall have a BendixTM oil coalescing filter mounted between air dryer and wet tank.
Yes _ >( No Exceptions Wo.b0,o
Truck shall be equipped with sixteen point five by seven (16.5 x 7) Rockwell Q plus series rear
brakes and dust shields or equivalent.
Yes No Exceptions
Truck shall have externally mounted Brake Drums.
Yes No Exceptions
Truck shall be equipped with an air compressor with eighteen point seven (18,7) cubic foot per
rninute of output minimum, plumbed to clean side of main engine air filter.
Yes K No Exceptions
Truck shall have 6.50 gear ratio
Yes No Exceptions �q (Za}ib
Section 9 Front Axle, Brakes and Suspension
Front axle shall be eighteen thousand (18,000) pound Dana Spicer or equal, and all axle
components must match the eighteen thousand (18,000) pound rating, or prior approved.
Yes No Exceptions
:3teering axle brakes will be equipped with sixteen point five inch (16.5") by six inch (6")
Rockwell Q plus brake shoes with dust shields.
Yes X No Exceptions
Shall be equipped with air to oil power steering cooler.
Yes No Exceptions
Section 10 Engine
Engine shall have a minimum horsepower rating of three hundred horsepower (300hp) and
eight hundred sixty (860) foot-pounds of torque. If not Cummins engine then software for
engine diagnostics shall be provided " see section 17".
Yes No Exceptions
Truck shall have air cleaner supply valve for under hood air or outside air for use in heavy snow
storms.
Yes X No Exceptions
Automatic fan control with dash switch and indicator light.
Yes )�_ No Exceptions
Engine must be bio-diesel compatible up to B20.
Yes No Exceptions
Cooling systern shall be a heavy duty cooling system equipped with filter and permanent type
anti-freeze to minus thirty four degrees Fahrenheit (-340) with cold climate package.
Yes _ X No Exceptions
Engine shall have Primary fuel filter with heater and warning lights.
Yes No Exceptions
Engine shall be equipped with a factory-installed block heater with a minimum one thousand
(1000) watts, one hundred fifteen (115) volt receptacle mounted under left hand door.
Yes _ No Exceptions
Fuel tank shall be an aluminum tank, fifty (50) gallon minimum. Aluminurn steps shall have
safety tread.
Yes X No Exceptions
Truck shall have a dash mounted manual regeneration function included with the regeneration
system.
Yes No Exceptions
Section 11 Transmission
Transmission shall be an AllisonTI 3000RDS six (6)-speed with PTO drive gear, with Allison TM
recommended Transynd synthetic transmission fluid.
Yes _ K No Exceptions
Transmission shall be equipped with Allison TM Prognostics and load - based shift software.
Yes No Exceptions
Truck shall have a transmission driven PTO with electric controls
Yes _ No Exceptions
Truck shall have vehicle interface wiring and PDM with body builder connector at end of frame.
Yes _ No Exceptions
Section 12 Electrical
Alternator shall be a one hundred sixty (160) amp minimum. Truck shall have a minimum of two
(2) heavy duty twelve (12) volt batteries, with a minimum of two thousand two hundred fifty
(2250) cold cranking amps (C.C.A.), Batteries shall be mounted on the left side.
Yes No. Exceptions 2?-00 CCQ Ck'I0 tablew/Z lagf-, C04y'
'Truck shall have a battery disconnect to kill all the power frorn battery. This disconnect shall be J
mounted close to the batteries.
Yes ( _ No Exceptions
Truck shall have emergency flashers.
Yes No Exceptions
All clearance and brake lights are to be LED,
Yes—7x No Exceptions
Section 13 Durn p Bod_y,
Dump bed shall be a Henderson, Swenson or Heil brand.
Yes__ _ No Exceptions
Dump body color must match cab.
Yes_ No Exceptions
All grease zerl<s shall be readily accessible, tubed if necessary.
Yes '�4 _ No Exceptions
Bo d shall have a minimum dumping angle of fifty (50) degrees.
Yes No Exceptions
Truck shall be equipped with an electric under bed mounted box vibrator.
Yes_ , No Exceptions
One quarter(1/4) cab shield shall be mounted with two inches (2") of clearance between the
cab. The cab shield height needs to be kept to a minimum height for the purpose of a cab light
bar.
Yc;s 114, No Exceptions
The tail gate must have heavy duty one and one quarter inch (1'/4") pins on top pivot point and
at the latch mechanism. Latch system will be air operated.
Yes 4- No Exceptions
Stop and turn lights in rear corners of box shall be LED style, solder connections and heat
shrink tubing placed over the solder joints.
Yes No Exceptions
Tail gate shall have three eighths of an inch (3/8") high test chains to control tail gate opening.
Yes No Exceptions
Air trip shall be controlled by a guarded toggle switch.
Yes _ No Exceptions
A folding ladder to get into the box shall be mounted on the left front side; first step to be
mounted eighteen inches (18") off the level ground.
Yes _ No Exceptions
Bed shall be equipped with a single cylinder, front-mounted telescopic hoist, N.T.E.A., class one
hundred (100) inverted cylinder is not acceptable.
Yes Y, No Exceptions
Truck must be equipped with OSHA approved backup alarm.
Yes K No Exceptions
Truck shall have high visibility back-up lights mounted on the frarne at the rear of vehicle.
Yes No Exceptions
Section 17 Miscellaneous
MANUALS AND SERVICE TOOLS:
Before the bid is awarded, the presumptive successful bidder shall demonstrate our ability to
access all aspects of the service manuals and wiring diagrams on line. This shall include OENI
service portals. If a subscription is required to access then 3 years of the subscription and a
valid renewable license will be included with the bid. The subscription will begin when the unit is
accepted by the City of Bozeman. If printed manuals are available one complete set will be
included in the bid and furnished at the time of delivery. Two operator's manuals shall also be
furnished to the City of Bozeman at time of Delivery. Successful bidder will supply Vehicle
Maintenance employees with no less than 2 hours and no more than 8 horns of classroom
training on service portal at delivery of unit.
Yes_K No Exceptions
WARRANTY AND REPAIR:
Unit shall have a standard factory warranty. Successful bidder will supply the name of a local
repair shop within 10 miles of Bozeman MT that will do repairs while the vehicle is under
%warranty. The shop shall demonstrate their ability to perform all warranty repair. If a shop cannot
be identified that is agreeable to both the successful bidder and the City of Bozeman, then the
City of Bozeman may perform the warranty repairs at an agreeable rate including parts
acquisition and return.
Prior approval will be obtained from the manufacturer before repairs are started. All warranty
parts will be shipped free of charge to our shop, 1812 N. Rouse, Bozeman, MT 59715, with
overnight designation. If parts are to be returned, the manufacturer will make arrangements to
have the old parts returned at their cost.
Yes No Exceptions
DELIVERY:
The complete unit (F,O.B. City Shops Complex, 1812 N. Rouse, Bozeman, MT 59715) shall be
delivered within a reasonable, agreed upon amount of time. Upon delivery of the complete unit,
City of Bozeman staff will inspect the complete unit to see if it meets bid specs. If the City staff
finds that it does not meet the specs, it will be taken by the dealer to their facility to correct any
deficiencies.
Yes _ No Exceptions
TRAINING:
Successful bidder will provide four hours of operator and service training to be provided at City
of Bozeman Shop Complex (814 N. Bozeman). If a model of truck is awarded the bid and that
model has never been owned by the City of Bozeman, then factory training will be provided for
one mechanic. This will be the same training provided to dealership mechanics. The training
will be no less than two (2) days and no more than five (5) days. All expenses including but not
limited to travel, room and board and classroom materials will be provided by the successful
bidder. Contact the Vehicle Maintenance Department, (406) 582-3206, to get clarification on
this before submitting bid.
Yes X No Exceptions