HomeMy WebLinkAbout21 - Purchase and Exchange Agreements - Tri State Truck and Equipment Inc - One New Current Model Year 2020 or Newer Truck Mounted City of Bozeman
Bozeman Street Department
Bozeman, MT 59715
Bid specifications and bid form.
Note: The bid must be submitted on this form.
One (1) New Current Model Year 2020 or Newer Truck Mounted Distributor
The vehicle described herein shall be a new North American manufactured from 2020 or newer
production and shall be in compliance with the 2020 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 these 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 be Safety Yellow L3008EB for truck if chassis has to be built. Other colors will be
considered if truck is coming from vendor's inventory. Color shall be verified at time of bid
awarding.
Yes X- No Exceptions
Section 3 Cab
Cab style shall be front-end hood, tilt type, short conventional style hood.
Yes No Exceptions
Hood shall tilt open to a full seventy (70) degrees.
Yes No Exceptions
Driver's seat shall be a premium high back air suspension with tilt back, angle lumbar
adjustment, with vinyl upholstery. Must have dual armrests. Door mounted ok for left.
Yes X- No Exceptions
1of9
Passenger seat shall be a bucket type seat, with vinyl upholstery.
Yes X— No Exceptions
All windows shall be tinted safety glass.
Yes X- No Exceptions
Unit shall be equipped with retractable seat belts and shall be lap/shoulder type.
Yes X- No Exceptions
Power windows and door locks on driver and passenger sides.
Yes X- No Exceptions
Cab shall have a minimum eight (8) inch cab assist handles on both right and left side.
Yes No Exceptions
Cab shall have dome lights with manual and automatic door switch.
Yes y— No Exceptions
Electric horn shall be installed on unit.
Yes No Exceptions
Air horn with shield shall be installed on unit. No shield required if under hood mount.
Yes No Exceptions
Mirrors shall be king size West Coast type, both driver and passenger side, minimum fourteen
inch (14") by seven inch (7") mirror frames and mounting shall be stainless steel. Minimum
seven inch (7") convex mirrors shall be mounted below the West Coast mirrors.
Yes No Exceptions
Both driver and passenger side primary mirrors shall be remote adjustable (electric).
Yes X- No Exceptions
Unit shall have factory installed AM/FM radio with clock, Bluetooth, USB & auxiliary inputs.
Yes X- No Exceptions
Heater shall be high output with minimum three (3) speed fan.
Yes X No Exceptions
2of9
Unit shall have air conditioning.
Yes No Exceptions
Unit shall have dual sun visors.
Yes No Exceptions
Cab shall have full length heavy duty insulated rubber floor covering.
Yes—X— No Exceptions
Unit shall have common key for door and ignition. A minimum of four (4) keys will be provided.
Yes X— No Exceptions
Unit shall have an adjustable telescoping/tilt steering wheel.
Yes� No Exceptions
Section 4 Instruments and Controls
Unit shall be equipped with an hour meter for engine and trip hours.
Yes No Exceptions
Speedometer shall be calibrated to compensate for axle ratio and tire size.
Yes No Exceptions
Truck shall be equipped with self-cancelling signal switch with emergency flashers.
Yes y— No Exceptions
Unit shall be equipped with an oil pressure gauge.
Yes y— No Exceptions
Unit shall be equipped with a transmission temperature gauge.
Yes— X— No Exceptions
Unit shall be equipped with a water temperature gauge.
Yes— No Exceptions
3of9
Unit shall be equipped with cruise control.
Yes__X____ No Exceptions
Unit shall be equipped with warning system which consists of lights and buzzer for low oil
pressure, high water temperatures and low air pressure.
Yes X- No Exceptions
Truck shall be equipped with wiring pigtail for distributor installation.
Yes_X_ No Exceptions
Truck shall be wired for two (2) strobes. Switch shall have indicator light.
Yes No Exceptions
4 Truck shall have color-coded or numbered wiring and air lines with identification tags or color
coding.
Yes No Exceptions
Section 5 Frame
Frame shall be sized for anticipated weight of distributor and product.
Yes X- No Exceptions
Unit must be equipped with two (2) front mounted tow hooks.
Yes X- No Exceptions
Front Bumper shall be included and installed.
Yes No Exceptions
Section 6 Tires
Drive tires, total of four (4), shall be rated to meet or exceed total rear GVW rating.
Yes X- No Exceptions
Front tires shall be rated to meet or exceed total front GVW.
Yes_- No Exceptions
4of9
Section 7 Wheels
Unit shall have steel rims with that meet or exceed GVW ratings.
Yes No Exceptions
Section 8 Rear Axle Suspension & Brakes
Rear axle shall be rated for maximum load of distributor and product. It shall not be overweight
at any time with driver, fuel and product loaded at maximum capacity.
Yes X- No Exceptions
Unit shall have a locking traction differential for rear axle.
i Yes No Exceptions
Unit shall be equipped with a BendixTm A.D.9S1. heated air dryer or equivalent model.
Yes No Exceptions
Unit shall be equipped with sixteen point five by eight point six two (16.5 x 8.62) Rockwell Q
series rear brakes or equivalent.
Yes No Exceptions
Unit shall have externally mounted brake drums.
Yes X- No Exceptions
Truck shall be geared to maintain sixty five (65) MPH.
Yes X- No Exceptions
Section 9 Front Axle Brakes and Suspension
Front axle shall be rated for maximum load of distributor and product. It shall not be overweight
at any time with driver, fuel and product loaded at maximum capacity.
Yes_— No Exceptions
Unit shall be equipped with shock absorbers that match GVW of vehicle.
Yes— N0 Exceptions
5of9
Section 10 Engine
Engine shall have a minimum horsepower rating of three hundred fifty horsepower (350hp) and
one thousand (1000) foot-pounds of torque.
Yes_ X- No Exceptions
Engine must be bio-diesel compatible.
Yes__X_ No Exceptions
Cooling system shall be a heavy duty cooling system with permanent type anti-freeze to minus
forty degrees (-400).
Yes No Exceptions -37 Degree
Engine shall have DavCOW FuelMater separator or equivalent with twelve (12) volt heat and
water in fuel sensor with warning lights.
Yes No Exceptions
Engine unit 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 X- No Exceptions 1500 W
Unit shall have a right side mounted vertical exhaust with safety guard.
Yes X- No Exceptions
Fuel tank shall be an aluminum tank, sixty (60) gallon minimum located on the left side of the
truck.
Yes X- No Exceptions 66 GALLONS
Unit shall have a dash mounted regeneration request switch.
Yes X- No Exceptions
Minimum thirteen (13) gallon Diesel Exhaust Fluid (DEF) tank located on the right side of the
truck.
Yes No Exceptions 11.8 GALLON TANK
6of9
Section 11 Transmission
Transmission shall be an Allison®with PTO provision and synthetic fluid that is TES-295
compliant. Transmission shall be sized for the maximum gross vehicle weight.
Yes X- No Exceptions
Transmission shall be equipped with Allison TM Prognostics and load - based shift software.
Yes X- No Exceptions
Section 12 Electrical
Alternator shall be a one hundred sixty (160) amp minimum. Unit shall have a minimum of three
(3) heavy duty twelve (12) volt batteries, with a minimum of two thousand eight hundred fifty
(2850) cold cranking amps (C.C.A.). Batteries shall be mounted on the left side.
Yes No Exceptions 165 AMP
Unit shall have emergency flashers.
Yes_ No Exceptions
All marker lights are to be L.E.D.
Yes_ No Exceptions
Section 13 Distributor
Tank shall be 2000 gallons rated maximum capacity with minimum two inches of insulation.
Yes X- No Exceptions
Unit shall have a transmission driven PTO.
Yes X- No Exceptions
Tank shall have a minimum twenty inch (20") diameter manhole with internal overflow.
Yes_ X- No Exceptions
Electric heater for overnight heating. 240 volt single phase.
Yes X No Exceptions
Diesel fueled heating system.
Yes No Exceptions
7of9
Self-contained clean out system. Must flush into a drainable tank.
Yes No Exceptions
Heating system to distributor pump. Coolant heated or separate system ok.
Yes_ X No Exceptions
Sixteen foot spray bar with additional folding joints. Sliding bar acceptable.
Yes_X,_ No — Exceptions
Hand spray wand with 25 foot hose.
E;
Yes No— --- Exceptions
In cab operator station to include 10 preset application rates, volume sprayed, distance traveled,
product temperature and low tank warning.
Yes X - No— Exceptions
Unit shall have mud flaps front and rear of duals and rear of front tires.
Yes _ No— Exceptions
Section 17 Other
MANUALS:
Manuals must cover all parts, service wiring diagrams, and all major components. Unit shall be
supplied with at least one (1) complete manual, one (1) online manual, and two (2) operator
manuals. Manuals shall be the same used in the supplier's maintenance shop. Any outside
vendors installing various components on this unit shall include original parts, service, and
operator manuals. Unit will be supplied with a final bill of materials/build sheet.
Yes X
No Exceptions Operation, Maintenance and Safety as well as Parts
WARRANTY:
Unit shall have a standard factory warranty. The City of Bozeman may do warranty work on the
distributor with authorization from manufacturer if it is needed for project completion. Prior
approval will be obtained from the manufacturer before repairs are staMT . All warran, with ty parts
will be shipped free of charge to our shop, 1812 N. Rouse, Bozeman,
ernight
designation and if parts are to be returned the manufacturer will make arrangements have towarrantyhave
the
old parts returned at their cost. Arrangements may be made at our approval
work done within a 12 mile radius of our shop.
Yes-X- No_ Exceptions See enclosed warranty statement
8of9
DELIVERY:
The complete unit (F.O.B. City Shops Complex, 1812 N. Rouse, Bozeman, MT 59715, shall be
delivered within one hundred eighty (180) calendar days after the date of the notice to proceed.
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 the deficiencies.
Yes X- No Exceptions Not Responsible for delays due to the Panademic
TRAINING:
Training for the distributor unit shall be offered for the operators and the technicians. Training
for both the operators and technicians. There will be no
shall take place at 1812 N. Rouse
additional charge for this initial training. Operator training shall be available at the
manufactures' facility for future employees at the city's expense.
t
Yes No Exceptions
9of9
BID FORM
(Purchase Agreement)
One(1) New 2020 (or newer)Truck Mounted Distributor
THIS BID SUBMITTED TO:
of Bozeman, MT, 121 N. Rouse Ave., Bozeman, MT
Bozeman City Clerk, City
59715.
1, THE UNDERSIGNED BIDDER proposes nt With the City n the form included in
Bidder will enter into a P agrees that if this bid is acceptedg
urchase Agreementbe ut to
the bidding documents and will furnish the goods anc the Agreement dand t in
city within the number of calendar days indicated
accordance with the other terms and conditions of the bidding documents.
ms and
Bid
der has examined, understands, accepts, and abides by all of
Specifications,ter
2, and
conditions of the Invitation to Bid, Instructions to Bidders,
Purchase Agreement.
Bidder expressly covenants that if Bidder is awarded the bid, Bidder willg after the
3. B p
o a
bid is awarded and within the time specified in the Request
formal Purchase Agreement with City. The d percent must
be of the total a ounBof
accompanie
Security payable to the City of Bozeman for ten
in
the bid, including alternates, if any. The Bid�limitedecurity �tos certified ut be in a specified
cashier's
§18-1-2039 MCA, which includes, but is n
check, bank draft, bid bond, guaranty bond, or surety bond. The Bid Security is
attached hereto as Exhibit I.
4, This bid will remain subject to acceptance de rma� 6to in writing upon rays after the bid equest
eningg
or for such longer period of time that B Y agree
of City.
5. Bidder further represents that this bid is genuine and is not submitted in conformity
on behalf of any undisclosed individual o or u association, organization, or corporation;
with any agreement or rules of any group,
Bi
dder has not solicited or induced any person, firm, or corporation to refrain from
bidding; and Bidder has not sought by collusion to obtain for itself any advantage
over any other bidder or over City.
(, Bidd
er certifies that no employee or official of the City or any me interest in the
mber of such
employee or official's immediate family has any direct or in
directpecuniary profits or contracts of the Bidder.
7, Bidder will provide the goods, product, or equipment being purchased by the City
in accordance with the Purchase Agreement, for the price stated on the completed
Bid Specifications sheet attached hereto as Exhibit 2.
Bid Form
Page l of 7
8. Bidder understands that the unit prices shall govern in checking the bid, and should
a discrepancy exist in the total estimated price and total amount of unit prices bid as
listed on the Bid Sheet after extensions are checked and corrections made, if any, the
total amount of unit prices bid as corrected shall be used in awarding the contract.
9. Bidder certifies that Bidder is a responsible bidder.
10. Bidder agrees that the good, product, or equipment to be purchased by City will be
delivered and ready for final payment in accordance with the Purchase Agreement.
11. If applicable, Bidder certifies receipt of City's revisions or additions made
subsequent to the advertised proposal, which are specifically acknowledged on
Receipt of Addendum, attached hereto as Exhibit 3.
12. Bidder represents that the bid is genuine and not collusive or a sham and that
bidder has not colluded, conspired, connived, or agreed, directly or indirectly, with
any bidder or person, to put in a sham bid or to refrain from bidding. Bidder
further represents that Bidder has not sought by agreement or collusion, directly or
indirectly, with any person, to fix the bid price of any other bidder, or to fix any
j overhead, profit, or cost element of said bid price or that of any other bidder, or to
secure any advantage against the City or any person interested in the proposed bid.
Bidder affirms that all statements in this bid are true.
SUBMITTED on the 28 day of .January 9202021
Bidder's Tax ID # 81-028711
IF BIDDER is:
An Individual:
(Name typed or printed)
By: (SEAL)
(Individual's Signature)
Doing business as:
Business Address:
Telephone# FAX#
A Partnership:
(Partnership Name)
By: (SEAL)
(Signature)
Bid Form
Page 2 of 7
(N ame typed or printed)
Business Address:
FAX#
Telephone#
A Corporation: TO State Truck and Equipment Inc
(SEAL) (Corporation Marne)
State of Incorporation:
Professional,Service,Limited Liability):
Type(General Business,
B . f Aut ,zed Repr sen a i e) c
y , t
Print Name and Title'
Attest' .
(Corporate Seal) s'guatur of Greta y)
Business Address: FAX 601
#
Telephone#
9�0
Date of Qualification To Do Business Is:
�
A Joint Venture: Each Joint Venture Must Sign
Joint Venture Name:
(SEAL) (Name)
By: (signature of Joint Venture Partner)
Name: (Name,printed or typed)
Title:
Business Address:
FAX#
Telephone#
A Joint Venture: Each Joint Venture Must Sign
Bid Form
page 3 of 7
Joint Venture Name:
(SEAL) (Name)
BY: (signature of Joint Venture Partner)
Name: (Name,p►'inted or typed)
Title:
Business Address:
FAX#
I
Telephone#
Address of Joint Venture for Receipt of Official Communication:
Address:
FAX#
Telephone#
(Each Joint venture must sign. The manner of signing for each individual, partnership and corporation that is a
party to the joint venture should be in the manner indicated above.
Bid Form
Page 4 of 7
Exhibit 1
Bid Security
Attached.
Bid Form
Page 5 of 7
Exhibit 2
Bides
Attach a completed Bid Specification Form.
The
Bidder must state the Total Bid price here:
Total Sid P
rice (written out and in dollar amount):
5228,925.00 Five Dollars
Two Hundred Twenty Eig
ht Thousand Nine Hundred Twenty
Bid Form
page 6 of 7
Exhibit 3
Recei t of Addendum if a licable .
es receipt of the
following addendum
Bidder acicnowledg of revisions or additions:
authorized Si nature For Each
Date Issued
Addendum
Number
1
2
3
4
5
Bid Form
page 7 of 7
U �
��r�H co•to
PURCHASE A
GREEMENT 2021
of self-governing
entered into this --- - M�NTANA, a
is made and OZEM kN,
THIS NGREEMENTand between the CITY OF
its Charter and the laws of the State o
Date,,), by d existing mailing address of P013 ox 1230'
("Effective organized an Montana, with a
municipal corporation us Bozeman, „ and, '
121 North Rouse Street, "Cit
Montana, hereinafter referred to as e may be referred to individually as "Panty'
M MT 59771, and Seller
Bozeman, °°Seller. The City
hereinafter referred to as the parties
and collectively as"Parties:'
ices and agreements
hereinafter contained,
In consideration of the mutual prom 10 erty
agree as follows a iees to purchase the property
P
Seller agrees to sell and City g r or newer)
Truck Mounted
purchased: 1 New ( ►eement by
I. Pro er ecifications for One O use, or
described in the Bid Specifications
is incorporated into thts1ees t at the g ale,
requested and reement, Seller hereby agrees
Distributor, attached here a this h Se Ag hires,software,hardware,materials an
design,
D accepting of the Seller's
this reference. Byproducts of all mac are not valid patent,copyright,
this Purchase Agreement which including
incorporation into manufactured p" infringement of any erases,
furnished under
devices clearand all costs and expenses, in such
r manufacture shall be free
from
g s suits, or actions alleg g
composition,o rowing out of claims,
laim ,
or trademark. Seller shall hold the itykind g' suits,or actions,
fees, liability, and loss of any
attorney and Seller agrees to defend such claims, the
infringement, teed to by
s that all material and wo rk Wari agreed and upon
The Seller agree the City. Unless otherwise onse
2 S] ecifi��, c., at_.-1O--nS: as accepted by
lies with Exh_ ►bit P' the event of inconsistencies with the Seller's res
this Property comp govern in
City,the items listed in Exhibit g as the
to the same• state or federal taxes that
The City agrees to pay ----- - — 1 C1 able local, subject to escalation
3. Pie' in and any app
All prices include shipping This price is firm and not subs
price. eft to be purchased.
purchase p"
may be applied to the property
City.
unless agreed to writing y performance of this Purchase
ortation, transportation scheduling,
and Pa ment: Time is of the essence in the p
4 relive onsibility for all transp of the prope►ty.
reement Seller assumes full resp Truck Mounted Distributor
A ,ance, and other served associated e1th delivery
g handling, insu► 1 Nev,2020(or new
packing' Agreement
Agreement for Purchase of One Purchas 1 re 7
PageOf
to erly
ouse Avenue,
11 operational status 1912lNorth accessories
ties Property
to the City in a fully will occur at 1 If delivery of
tees to delivery . Delivery b the City.
Seller agrees designated in writing Y 1e-,ent cannot be made
later than or at a place otherwise desig or performance.
installed n ITT 59715, ervices required under this Purchase Agree
or.perform
Bozeman' r erformance of s earliest possible date for delivery
Property andlo p the City of the terminate this
Prop Y notify r any reason fails to dtion thelCity may.property Previously
Seller shall promptly if Seller fo s satisfac
such notice, except for good or servces p delivery
Notwithstanding Spec or to the Ctty, conforming
acceptance of any part of a non- has under this
requirednt or any part therefore without liability remedy the City City
services the time sp r t of accep thereafter, Y
purchase Agree The City's rece p claim, right or Per'
accepted waiver of any and for a reasonable p Seller's
provided and accep law Upon delivery City shall
applicable tit meets Specifications as modified by
or service shall not constitute a meets the Specifications, Unless
purchase Agreement or app err to ensure that Process.
ect the property if the property
lit to insp ted by City• h the City's normal Clair the date of receipt
has the rig been accepted 30 days from
responses which have b the City, whichever occurs last.
rchase price stated above to Seller throng ices y vides a different
the u payment terms shall d se a thirty � ) i o
tender P o f goods an
reed to in wrttrtlg'aelivery reviously stated unless sellerp
otherwise agreed acceptance and
of invoice or Seller of
Payment will be made to Seller at the address p t all hiring by
payrrr The Seller agrees that The Seller
address in writing. Ec ual Pa merit and qualifications.
5 NondiscLImi eme t shall be on the basis of
applicable state
this Ag ortunity in accordance with all w P not refuse
ent opp The Seller
persons performing provide equal emplOym and contracts. against a person in
olicy top laws, regulations, or discriminate ag color,religion,
will have a p from employment,
and federal an bar
a person ent because of raceerceived sexual
Person or privilege of employ'T' actual or p
employment to a p condition, national origin
n ensation or in a term, age, marital status, t except when the reasonable demands o
compensation ideas, sex, g distinction. The
creed, political or mental disability marital status or sex Section 140,
orientation, gender identity,physical 1 sical or mental disability,Civil Rights Act of 1964;
position require an ag ' physical
with Title VI °f the
the ect to and Promulgated thereunder•
Code, and all regulations p'
Seller shalt be subs in compliance with the
Title 2,United States of this Agreement will be,
Montana Code Annotated
and for the term Section 39-3"104' Montana
Seller represents it is, Act of 1963 and violations of the M
of the Equal Pay ort to the City any finding for violations
requirements rral Pay Act). Seller must rep s of such
(the Montana Eq guilty of within 60 day
(MCA) ( Act that Seller has been found
Equal Pay of this Agreement• products
occurring
during the term roviding p'
Seller shall req�nre these nondiscrimination teens of its subcontractors P
or newer)Tt'uck Mounted Distributor
Agreement. t New 2020(
under t11is Ag• teement
pgreeme1r, for Purchase of One Purchasee 2 of
6. Default/Termination/Remedies: In the event of Seller's breach of this Purcl
Agreement, including if Seller fails to deliver the Property as set forth herein or fails to meet Cit
Specifications, City may, at its option,take any or all of the following actions without prejudice
any other rights or remedies available to the City by law: (i) declare the Seller in default at.
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 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 B 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.
Agreement for Purchase of One(1)New 2020(or newer)Truck Mounted Distributor
Purchase Agreement
Page 3 of 7
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
Judicial District, Gallatin County Montana, and the same is binding upon the parties, their heirs,
successors, and assigns.
13 Permits: Seller shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of
Bozeman business license, and inspections from applicable governmental authorities, and pay all
fees and charges in connection therewith.
14. Laws and Regulations: Seller shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers'
compensation Laws, all environmental laws including, but not limited to, the generation and
disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules,
codes,and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA,all applicable City,
County, and State building and electrical codes, the Americans with Disabilities Act, and all non-
discrimination, affirmative action, and utilization of minority and small business statutes and
regulations.
Agreement for Purchase of One(1)New 2020(or newer)Truck Mounted Distributor
Purchase Agreement
Page 4 of 7
15. Modification and Assignability: This Agreement may not be enlarged, modified
or altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor's rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be
bound by all of the terms and conditions of this Agreement.
16. Non-Waiver: A waiver by either party of any default or breach by the other party
of any terms or conditions of this Agreement does not limit the other party's right to enforce such
term or conditions or to pursue any available legal or equitable rights in the event of any subsequent
default or breach.
17. Attorney's Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney's Office staff.
18. Dispute Resolution:
a. Any claim, controversy, or dispute between the Parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the patties may invite an independent, disinterested mediator to
assist in the negotiated settlement discussions.
b. If the Patties are unable to resolve the dispute within thirty (30) days from
the date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this
Agreement.
19. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
20. Consent to Electronic Signatures: The Patties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
Agreement for Purchase of One(1)New 2020(or newer)Truck Mounted Distributor
Purchase Agreement
Page 5 of 7
YYYY END OF AGREEMENT EXCEPT FOR SIGNATURES ****
Agreement for Purchase of One(1)New 2020(or newer)Truck Mounted Distributor
Purchase Agreement
Page 6 of 7
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by
their duly authorized representatives the day and year first above written.
CITY OF BOZEMAN SELLER
By By
Jeff Mihelich,City Manager Print Name:
Print Title:
APPROVED AS TO FORM:
By
Greg Sullivan,City Attorney
Agreement for Purchase of One(1)New 2020(or newer)Truck Mounted Distributor
Purchase Agreement
Page 7 of 7