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HomeMy WebLinkAboutFull 2014 or newer Packer bid 1 City of Bozeman, Montana Street Division CALL FOR BIDS One (1) New 2014 (or newer) Packer unit to be installed on an existing chassis NOTICE IS HEREBY GIVEN that the City of Bozeman, Montana, is accepting sealed bids for: Separate sealed bids for a One (1) New 2014 (or newer) Packer unit to be installed on an existing chassis as described in the bid specifications will be received by the City Clerk, City Hall, 121 N. Rouse Avenue, P.O. Box 1230, Bozeman, Montana 59771-1230 until 2:00 p.m., local time, Tuesday, September 9th, 2014, and then publicly opened and read aloud. Please write the name of the project: 2014 or newer Packer Unit on an Existing Chasis on the front of the sealed bid. The physical address is: City Clerk’s Office, Suite 202, (upstairs) City Hall, 121 N. Rouse Avenue, Bozeman, Montana. The mailing address is: City Clerk’s Office, Suite 202, City Hall, P.O. Box 1230, Bozeman, Montana, 59771. Bids must be received before 2:00 p.m. Tuesday, September 9, 2014. Original copies must be submitted – no faxed of electronic bids will be accepted. Bids will be opened and read following the close of bids. Requirements for this project including the Bid Specifications / Bid Form may be obtained at the office of the City Clerk, City Hall, 121 North Rouse, Suite 202, Bozeman, Montana 59771, telephone number (406) 582-2320, by e-mail at agenda@bozeman.net, or interested parties may download the project requirements at www.bozeman.net under the “Business” tab, and the RFP/BID drop down menu. Each bid or proposal must be accompanied by a Certified Check, Cashier's Check, or Bid Bond payable to the City of Bozeman, Montana, in an amount not less than Ten percent (10%) of the total amount of the bid. Any submitting entity under this invitation to bid must sign and return the required affirmation stating that they will not discriminate 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 in the exercise of contract should it be awarded to that entity. Each entity submitting under this notice shall also recognize in writing the eventual contract will contain a provision prohibiting discrimination as described above and this prohibition on discrimination shall apply to the hiring and treatment of the Contractor’s employees and to all subcontracts. 2 No bid may be withdrawn after the scheduled time for the public opening of bids, which is 2:00 p.m. local time, September 9th, 2014. The right is reserved to reject any or all proposals received, to waive informalities, to postpone the award of the contract for a period of not to exceed Sixty (60) days, and to accept the bid which is in the best interests of the Owner. The City of Bozeman is required to be an Equal Opportunity Employer Dated at Bozeman, Montana, this 20th day of August, 2014 Stacy Ulmen, CMC City Clerk, City of Bozeman Published Bozeman, Montana August 24th, 2014 August 31st, 2014 1 INSTRUCTIONS TO BIDDERS FOR One (1) New 2014 (or newer) Packer unit to be installed on an existing chassis BID DOCUMENTS: The bid documents for the City of Bozeman for One (1) New 2014 (or newer) Packer unit to be installed on an existing chassis include the Invitation to Bid, this Instruction to Bidders, the Bid Specifications, the Bid Form, and the Purchase Agreement. BIDS: All bids must be legibly written in ink. No alterations by erasures or interlineations will be permitted in bids or in the printed forms. Each bid shall be enclosed in a sealed envelope addressed to: Bozeman City Clerk, PO Box 1231 Bozeman, Montana 59715, or physically delivered to the address on the Invitation to Bid and endorsed on the outside of the envelope with the words One (1) New 2014 (or newer) Packer unit to be installed on an existing chassis. Bids shall be strictly in accordance with the prescribed Bid Form. Any modifications thereof or deviations there from may be considered as sufficient cause for rejection. Bids carrying riders or qualifications to the bid being submitted may be rejected as irregular. Each Bidder must return a signed Bid Form incorporating as Exhibit 2 a copy of the Bid Specifications indicating on each line item of equipment or required service whether the Bidder can provide the equipment/service shown in that category or whether the Bidder can provide similar equipment or required service meeting the listed equipment or required service and indicating the details of the alternative equipment or required service. The City reserves the right to reject any alternative equipment or required service. Each bid shall indicate the total bid price. The price quoted in a bid shall include all items of labor, materials, tools, equipment and other costs necessary to fully complete the manufacture and delivery of the One (1) New 2014 (or newer) Packer unit to be installed on an existing chassis pursuant to the Bid Specifications. It is the intention of the Bid Specifications to provide for and require a complete One (1) New 2014 (or newer) Packer unit to be installed on an existing chassis of the type prescribed in the Bid Specifications and ready for operation by the City. Any items omitted from the Bid Specifications which are clearly necessary for the completion and operation of such equipment and its appurtenances shall be considered a portion of such equipment although not directly specified or called for in the Bid Specifications. All parts shall be new. In all cases, materials must be furnished as specified. Acceptance of delivery of the One (1) New 2014 (or newer) Packer unit to be installed on an existing chassis shall not release the successful contractor from liability for faulty design, workmanship or materials appearing even after final payment has been made. The City reserves the right and shall be at liberty to inspect all materials and workmanship at any time during the manufacturing process and shall have the right to reject all materials and workmanship which do not conform to the specifications. However, the City is under no duty to make inspection, and if no inspection is made, the chosen contractor shall not be relieved of any obligation to furnish materials and workmanship strictly in accordance with specifications. 2 BID SECURITY: To be considered, the bid must be accompanied by a bid security unconditionally payable to the City of Bozeman for ten percent (10%) of the total amount of the bid and attached as Exhibit 1 on the Bid Form. Each Bidder shall expressly covenant in the bid that if the Bidder is awarded the bid, the Bidder will, within thirty (30) days after the bid is awarded, enter into a Purchase Agreement with the City of Bozeman in substantially the same form as shown on the Purchase Agreement. Bid security must be provided in a form specified in §18-1-203, MCA, which includes, but is not limited to, certified check, cashier’s check, bank draft, bid bond, guaranty bond, or surety bond. Bid security through a bid, guaranty or surety bond must be issued by a surety company authorized to do business in the State of Montana. The bid security protects and indemnifies the City against the failure or refusal of the successful Bidder to timely enter into the Purchase Agreement. SIGNATURE OF BIDDERS: Each bid must be signed in ink by the Bidder with the Bidder’s full name and business address or place of residence. If the Bidder is a firm or partnership, the name and residence of each member must be inserted. If the bid is submitted by or in behalf of a corporation, it must be signed in the name of the corporation by a corporate official authorized to bind the corporation and who shall also affix the corporate seal of the corporation to the bid. Any bid by a corporation signed by a person other than a corporate officer must be accompanied by a power of attorney showing that person’s authority to sign for the corporation. ONLY ONE PROPOSAL: No Bidder may submit more than one bid. Two bids under different names will not be received from one firm, partnership, association, or corporation. RESPONSIBILITY OF AGENT: Any person signing a bid as the agent of another, or of others, may be required to submit satisfactory evidence of authority to so sign. TITLE: The position title of any person executing the bid or Agreement shall be clearly indicated beneath the signature. RESPONSIBLE BIDDER: Bidder is not deemed a responsible bidder if Bidder is delinquent in payment of property taxes or special improvement district assessments within the City of Bozeman for at least six (6) months. Any Bidder required by the Bozeman Municipal Code to have a general business license in the City of Bozeman must obtain such license before a bid can be awarded to a bidder. EXAMINATION OF SPECIFICATIONS: Before submitting a bid, each Bidder should examine the Bid Specifications, these Instructions to Bidders, the Bid Form, and the Purchase Agreement thoroughly and become familiar with federal, state, and local laws, ordinances, rules, and regulations that may, in any manner, affect the cost or delivery of the goods. INTERPRETATION OF CONTRACT DOCUMENTS: If any person contemplating submission of a bid for the proposed Purchase Agreement is in doubt as to the true meaning of any part of the specifications, that person may submit a written request to the City for an interpretation thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation of the proposed purchase agreement will be made only by an addendum duly issued and a copy of any such addendum will be mailed or delivered to each person receiving the specifications. TIME OF COMPLETION: The time of delivery of the goods to be purchased is a basic consideration of the contract. It is necessary that each Bidder satisfy the City of the Bidder’s ability to deliver the goods being purchased within the stipulated time. ADDENDA: If applicable, any addenda issued during the time of bidding, or forming a part of the specifications provided to Bidder for the preparation of Bidder’s proposal, shall be covered in the bid and shall be made a part of the Purchase Agreement. Receipt of each addendum shall be acknowledged in the 3 bid. Any bid in which all issued addenda are not acknowledged will be considered incomplete and will not be read. WITHDRAWAL OF BID: No Bidder may withdraw any bid for a period as specified in the Invitation to Bid after the date and hour set for the opening declared herein. Prior to that time, Bidder may withdraw a bid by written request. The request to withdraw a bid must be signed in the same manner and by the same person or persons who signed the bid. ACCEPTANCE AND REJECTION OF BIDS: The City reserves the right to accept or reject the bids in the best interest of the City. The City reserves the right to waive informalities and irregularities in any bid submitted, to reject non-conforming, non-responsive or conditional bids, to correct arithmetic errors without changing unit price, and postpone awarding of the Purchase Agreement for a period not exceeding sixty (60) days. AWARD OF BID: If the bid is to be awarded, City will award the bid to the responsible Bidder whose bid is responsive and conforms to all material terms and conditions of the bidding documents and proposed Purchase Agreement, is lowest in price, is in the best interest of the project, and other factors considered. The award will be based on the lowest responsive cumulative base bid plus any added alternate schedules the City determines to include with the project. If the bid is awarded, the award will be made within the period specified in the Purchase Agreement. The successful Bidder will be notified by letter mailed to the address shown on the bid that the bid has been accepted and that Bidder has been awarded the bid. CANCELLATION OF AWARD: The City reserves the right to cancel the award of any bid at any time before the complete execution of the Purchase Agreement by all parties without any liability against the City. EXECUTION AND APPROVAL OF AGREEMENT: The Purchase Agreement shall be signed by the successful Bidder and returned within the time shown on the bid. If the Purchase Agreement is not executed by the City within fifteen (15) days following receipt from Bidder of the signed Agreement, Bidder has the right to withdraw the bid without penalty. The Purchase Agreement is not effective until it has been fully executed by all of the parties thereto. FAILURE TO EXECUTE AGREEMENT: Failure to execute the Purchase Agreement shall be just cause for annulment of the award. In the event of such annulment, the bid guarantee shall be forfeited to the City, not as a penalty, but as liquidation of damages sustained. Award may then be made to the next lowest responsible and qualified Bidder, or the project may be re-advertised as the City may decide. PAYMENT: Payment for all goods purchased under the Purchase Agreement will be made by the City within the time period specified in and in accordance with the procedures outlined therein. NON-DISCRIMINATION: In accordance with law, each entity submitting a bid shall affirm on the form provided by the City that the Bidder shall not discriminate in the performance of the work called for in the Bid Specifications 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, with regard to, but not limited to, the following: employment upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, or rendition of services. It is further understood that any vendor who is in violation of this clause shall be barred forthwith from receiving awards of any purchase from the City of Bozeman unless a satisfactory showing is made that discriminatory practices have ceased, and the recurrence of such acts is unlikely. City of Bozeman, Montana Solid Waste Division Bid Specifications and Bid Form *Note: your bids must be submitted on this form.* Bid Specifications for: one (1) New 2014 (or newer) Packer unit to be installed on an existing chassis The equipment described herein shall be a new 2014 or newer production and shall be in first class running condition. 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. PACKER UNIT This truck will be used for collecting/hauling of refuse materials for the City of Bozeman. The primary drive function will be from the right hand position therefore all driver functions to be accessed on right side. The City of Bozeman will be accepting one bid for one refuse packer. The successful bidder will be responsible for shipping the chassis, via low-boy, to the packer manufacturing facility. As well as setting times for the refuse packer and other equipment to be mounted and for the delivery of the complete unit to the Solid Waste main office in Bozeman, MT. The chassis will be stripped of its existing packer & accessories by City staff before departure. Standard Options: All standard equipment and options, whether expressly stated herein or not, shall be included Yes_______ No_______ Exceptions______________________________________________ All equipment furnished under this contract shall be new, unused and the same as the manufacturer’s current production model. Accessories not specifically mentioned herein, but necessary to furnish a complete unit ready for use, shall also be included. Unit shall conform to the best practice known to the trade in design, quality of material and workmanship. The equipment furnished shall conform to current ANSI Safety Standard Z 245.1 These specifications describe a refuse collection body equipped with a mechanical device designed to handle a variety of plastic refuse containers ranging from 32 gallon to 450 gallon. The body shall be capable of compacting and transporting refuse to a landfill or transfer station and dumping the load by means of hydraulically raising the tailgate and ejecting the load without raising the body. Bid Specifications for one (1) New 2014 (or newer) Packer unit to be installed on an existing chassis Page 2 of 18 Section 1 Capacity: The minimum capacity of the body including tailgate shall be twenty (27) cubic yards, excluding hopper area Yes __________ No __________ Exceptions ___________________________________ Section 2 Body: The hopper capacity shall be four (4) cubic yards Yes __________ No __________ Exceptions ___________________________________ The body shall have a brake-formed radius design Yes __________ No __________ Exceptions ___________________________________ The body floor shall be flat Yes __________ No __________ Exceptions ___________________________________ The body floor thickness shall be three sixteenth inch (3/16”) Hardox 450 Yes __________ No __________ Exceptions ___________________________________ The body sides and roof shall have a brake-formed radius design providing superior structural strength to weight ratio Yes __________ No __________ Exceptions ___________________________________ The body sides shall be formed from a one (1) piece panel with no vertical weld seams Yes __________ No __________ Exceptions ___________________________________ The body sides and roof steel grade shall be ten (10) gauge ASTM A1011 grade eighty (80) Yes __________ No __________ Exceptions ___________________________________ The body fenders shall be light weight material to reduce overall weight Yes __________ No __________ Exceptions ___________________________________ Steel inner fender rub rail thickness shall be three sixteenth inch (3/16”) Hardox 450 Yes __________ No __________ Exceptions ___________________________________ Bid Specifications for one (1) New 2014 (or newer) Packer unit to be installed on an existing chassis Page 3 of 18 The body shall include a bolt-on rear under ride guard as standard equipment to meet Federal Motor Carrier Safety Regulation (49CFR393.86) Safety Reg., 49CFR393.86, TTMA RP No 41-02, and SAE J682, Oct84 Yes __________ No __________ Exceptions ___________________________________ Section 3 Hopper: The hopper shall have a minimum static capacity of four (4) cubic yards Yes __________ No __________ Exceptions ___________________________________ The hopper shall have a minimum dynamic capacity displacement rate of ten point five (10.5) cubic yards per minute Yes __________ No __________ Exceptions ___________________________________ The hopper floor must include a one eighth inch (1/8”) Hardox 450 liner that extends into the body Yes __________ No __________ Exceptions ___________________________________ The hopper floor steel grade shall be: AR450 Hardox, and be three sixteenth inch (3/16”) thick Yes __________ No __________ Exceptions ___________________________________ The hopper side walls steel grade shall be: AR450 Hardox and be three sixteenth inch (3/16”) thick Yes __________ No __________ Exceptions ___________________________________ A hopper access door shall be provided above the packing panel on the street side of the body to permit access into the hopper area Yes __________ No __________ Exceptions ___________________________________ The hopper access door shall be equipped with a safety interlock switch to disable all functions if the access door is opened Yes __________ No __________ Exceptions ___________________________________ A hopper ladder with grab handles shall be located on the street side of the hopper Yes __________ No __________ Exceptions ___________________________________ The ladder must have an OSHA Standard seven inch (7”) toe spacing between the ladder rung and the side of the hopper Yes __________ No __________ Exceptions ___________________________________ Bid Specifications for one (1) New 2014 (or newer) Packer unit to be installed on an existing chassis Page 4 of 18 A transverse sump shall extend the full width of the front hopper Yes __________ No __________ Exceptions ___________________________________ Two (2) sealed sump access doors equipped with handles and quick acting over center toggle latches shall facilitate clean out of the sump Yes __________ No __________ Exceptions ___________________________________ A clean-out tool option shall be provided to facilitate easy removal of any accumulated debris from the hopper sump area Yes __________ No __________ Exceptions ___________________________________ A holder shall be provided on the body side to secure the clean out tool in a stored position Yes __________ No __________ Exceptions ___________________________________ The hopper shall have optional plastic gull wing hopper covers to enclose the hopper during transport Yes __________ No __________ Exceptions ___________________________________ The hopper cover shall be opened/closed by a switch in cab on the right hand side Yes __________ No __________ Exceptions ___________________________________ The hopper cover must have an interlock eliminating the ability to dump a container if the hopper cover is closed Yes __________ No __________ Exceptions ___________________________________ Interior hopper to body transition welds shall be covered with “hard face” to prevent wear through Yes __________ No __________ Exceptions ___________________________________ Section 4 Packing Mechanism: Must have a manual super pack operation that allows the panel to extend into the body to clear debris from the hopper area Yes __________ No __________ Exceptions ___________________________________ Packer hydraulic control must utilize a regeneration circuit and include manual overrides for maintenance and repair functions Yes __________ No __________ Exceptions ___________________________________ Bid Specifications for one (1) New 2014 (or newer) Packer unit to be installed on an existing chassis Page 5 of 18 A single, central mounted, pack cylinder shall generate eighty three thousand (83,000) pounds of packing force; two (2) cylinder and/or continuous packing mechanisms are not acceptable Yes __________ No __________ Exceptions ___________________________________ The packing panel shall complete an auto pack cycle in a maximum of thirteen (13) seconds at eight hundred (800) RPM Yes __________ No __________ Exceptions ___________________________________ Packing panel top thickness shall be one quarter inch (¼”) ASTM A-715 GR 50 Yes __________ No __________ Exceptions ___________________________________ Packing panel face plate thickness shall be three eighths inch (3/8”) ASTM A-715 GR 50 Yes __________ No __________ Exceptions ___________________________________ The packing panel shall be guided by a single self-cleaning “T” rail located in the center of the body Yes __________ No __________ Exceptions ___________________________________ “T” Rail steel and thickness shall be one half inch (½”) AR450 Hardox ultra high-strength, high abrasion resistant steel plate Yes __________ No __________ Exceptions ___________________________________ Packing panel wear shoes thickness shall be one quarter inch (¼”) AR450 Hardox Yes __________ No __________ Exceptions ___________________________________ The packing mechanism shall use a single, double-acting telescopic cylinder will be supported by self-aligning bearings on each end; these will be three (3) stage for twenty seven (27) yard units Yes __________ No __________ Exceptions ___________________________________ Cylinder shall be centrally mounted above the hopper floor Yes __________ No __________ Exceptions ___________________________________ The main cylinder sleeve shall be induction hardened and chrome plated Yes __________ No __________ Exceptions ___________________________________ All stages of the sleeves must have metallic scrapers to protect from internal contamination and damage Yes __________ No __________ Exceptions ___________________________________ Bid Specifications for one (1) New 2014 (or newer) Packer unit to be installed on an existing chassis Page 6 of 18 The first stage of the cylinder shall have a sixty four inch (64”) stroke Yes __________ No __________ Exceptions ___________________________________ Maximum operation pressure shall be three thousand (3000) psi Yes __________ No __________ Exceptions ___________________________________ Packing panel swept volume shall be four (4) cubic yard Yes __________ No __________ Exceptions ___________________________________ The pack/eject panel shall be capable of a complete extend/retract cycle in less than thirty (30) seconds Yes __________ No __________ Exceptions ___________________________________ All eject controls shall be operated from inside the cab Yes __________ No __________ Exceptions ___________________________________ The pack/eject panel shall not be capable of extending into the body during an auto pack cycle with the tailgate closed Yes __________ No __________ Exceptions ___________________________________ A lockout system shall be supplied to allow the ejector panel to enter the ejection mode only with the tailgate in the open position Yes __________ No __________ Exceptions ___________________________________ A lockout system shall be supplied to require the ejector panel be in the home position before the tailgate can be lowered Yes __________ No __________ Exceptions ___________________________________ The packer shall be Full Eject style body capable of ejecting full loads of refuse Yes __________ No __________ Exceptions ___________________________________ Unit must have remote grease point that is accessible from ground level that greases lube points on top of packer Yes __________ No __________ Exceptions ___________________________________ Bid Specifications for one (1) New 2014 (or newer) Packer unit to be installed on an existing chassis Page 7 of 18 Section 5 Tailgate: The tailgate shall be hydraulically operated, top hinged bustle type Yes __________ No __________ Exceptions ___________________________________ The tailgate shall automatically lock and unlock without the use of additional locking cylinders, cables or manual turnbuckles Yes __________ No __________ Exceptions ___________________________________ The tailgate must use the operating system to remain closed and pressurized in the locked position without the use of any external control blocks or devices Yes __________ No __________ Exceptions ___________________________________ Tailgate thickness shall be 10 ga ASTM A-715 GR 50 Yes __________ No __________ Exceptions ___________________________________ The tailgate latch roller shall be fully supported by a horizontal bolster around the lower perimeter of the tailgate Yes __________ No __________ Exceptions ___________________________________ The tailgate shall be operated by two (2) cylinders Yes __________ No __________ Exceptions ___________________________________ Tailgate cylinders shall be chrome plated rod with one and one half inch (1½”) diameter and three inch (3”) bore diameter Yes __________ No __________ Exceptions ___________________________________ The tailgate side sheets will have an integral rolled flange that overlaps the perimeter of the rear tailgate sheet Yes __________ No __________ Exceptions ___________________________________ A rubber seal shall be installed on the tailgate and extend across the entire bottom and vertically up each side a minimum of sixty inches (60”) Yes __________ No __________ Exceptions ___________________________________ A cab mounted light and audible alarm shall be provided to indicate that the tailgate is unlocked Yes __________ No __________ Exceptions ___________________________________ Bid Specifications for one (1) New 2014 (or newer) Packer unit to be installed on an existing chassis Page 8 of 18 The tailgate raise control shall include a delayed action to guard against accidental activation Yes __________ No __________ Exceptions ___________________________________ Self-contained horizontal tailgate maintenance safety props shall be provided Yes __________ No __________ Exceptions ___________________________________ Unit must have remote lube point that is accessible from ground level Yes __________ No __________ Exceptions ___________________________________ The tailgate shall have a wire harness with Deutsch IP 69K connectors between the body and the tailgate to isolate the tailgate wiring from the body Yes __________ No __________ Exceptions ___________________________________ Unit shall have a rear strobe light, Echo brand model 6650 with in cab switch Yes __________ No __________ Exceptions ___________________________________ Section 6 Lifting Mechanism: The Lifting Arm mechanism shall be capable of operating simultaneously during any phase of packing operations with full force and flow Yes __________ No __________ Exceptions ___________________________________ Lift arm shall be mounted directly to the chassis frame rail Yes __________ No __________ Exceptions ___________________________________ The lift arm lower base weldment shall straddle both chassis frame rails and be secured to its mounting brackets with four (4) one inch (1”) grade eight (8) bolts Yes __________ No __________ Exceptions ___________________________________ The lower base weldment shall be fully constructed of one quarter inch (¼”) ASTM A715 GR 50 steel Yes __________ No __________ Exceptions ___________________________________ Arm must utilize long life sealed greaseless bearings for the arm dump pivot, grabber gears, grabber cylinder, dump cylinder Yes __________ No __________ Exceptions ___________________________________ Bid Specifications for one (1) New 2014 (or newer) Packer unit to be installed on an existing chassis Page 9 of 18 Unit must have remote grease points that are accessible from ground level Yes __________ No __________ Exceptions ___________________________________ Arm must have an automatic container shake feature that allows the inner boom to short stroke to be effective and easy on the arm assembly Yes __________ No __________ Exceptions ___________________________________ The Lifting Arm mechanism must have a lifting capacity of one thousand seven hundred fifty (1,750) pounds at full extension, and two thousand (2,000) pounds retracted Yes __________ No __________ Exceptions ___________________________________ The Lifting Arm mechanism must have no more than a fifteen inch (15”) kick out through the entire arc of the container lift Yes __________ No __________ Exceptions ___________________________________ The Lifting Arm mechanism must be within the ninety six inch (96”) road limit in the travel position with the grippers in the full lowered position and opened/home position Yes __________ No __________ Exceptions ___________________________________ No portion of the lift mechanism shall have less than thirteen inches (13”) of ground clearance in the stowed position Yes __________ No __________ Exceptions ___________________________________ Lift Arm extension from the side of the body must be horizontal in a linear fashion; no swinging or arching of the lift arm is permitted Yes __________ No __________ Exceptions ___________________________________ Lift Arm mechanism shall have a reach of eighty four inches (84”) from the side of the body to the centerline of a ninety (90) gallon container Yes __________ No __________ Exceptions ___________________________________ Lift Arm mechanism shall be capable of grasping a container located six inches (6”) from the side of the body Yes __________ No __________ Exceptions ___________________________________ Vertical dump height shall not exceed one hundred twenty inches (120”) above truck frame while dumping a ninety (90) gallon container Yes __________ No __________ Exceptions ___________________________________ Bid Specifications for one (1) New 2014 (or newer) Packer unit to be installed on an existing chassis Page 10 of 18 Container dump angle shall be a minimum of forty five (45) degrees to insure complete dumping of container’s contents Yes __________ No __________ Exceptions ___________________________________ Lifting mechanism shall be capable of a complete cycle, which includes grip-lift-dump-un-dump- lower and un-grip in a maximum of eight (8) seconds including proportional cushioning Yes __________ No __________ Exceptions ___________________________________ The Lifting Arm must be constructed utilizing an Inner and Outer Arm assembly Yes __________ No __________ Exceptions ___________________________________ Roller bearings shall rotate on a shim adjustable trunion to allow compensation for wear and maintain the grippers parallel with the ground; the trunion will allow the rollers to have full contact with the inner arm tracks Yes __________ No __________ Exceptions ___________________________________ Lift Arm must have a safety interlock to restrict dumping unless the container is positioned over the hopper opening Yes __________ No __________ Exceptions ___________________________________ Lift Arm hydraulics shall be controlled by a four (4) spool sectional valve equipped with hydraulic pilot actuators for proportional spool positioning Yes __________ No __________ Exceptions ___________________________________ Standard joystick lift function controls shall be proportional electric over pilot operated hydraulic spools Yes __________ No __________ Exceptions ___________________________________ Dump and grip cylinders shall include internal linear position sensors to provide position feedback to the control system Yes __________ No __________ Exceptions ___________________________________ Use of standard proximity switches for arm sensing shall not be acceptable Yes __________ No __________ Exceptions ___________________________________ Arm must be equipped with an air actuated boom safety latch that keeps the inner boom locked in the home position when not in use Yes __________ No __________ Exceptions ___________________________________ Bid Specifications for one (1) New 2014 (or newer) Packer unit to be installed on an existing chassis Page 11 of 18 No air operation or controls may be used in the operation of the arm except for arm safety latch operation Yes __________ No __________ Exceptions ___________________________________ Joystick shall be conveniently located to the left of the operator Yes __________ No __________ Exceptions ___________________________________ Joystick must be can-bus multi-functional operation for all standard arm functions; including auto-grip-un-grip, packer function, work lights, container shake feature; selectable dead man function Yes __________ No __________ Exceptions ___________________________________ An ergonomically designed padded armrest shall be provided to support the operator’s arm during joystick operation Yes __________ No __________ Exceptions ___________________________________ Unit to be equipped with in-cab dual pressure control switch for gripper pressures Yes __________ No __________ Exceptions ___________________________________ Two (2) additional control options shall be provided for the operator; additional controls shall consist of a three (3) rocker switch console located on the right hand window sill to allow activation by the operator’s right hand and a three (3) rocker switch console with dead-man control located at the side of the operator’s seat, above the cab floor by one inch, to be activated if the operator is standing outside of the cab Yes __________ No __________ Exceptions ___________________________________ An Automated Dump Cycle “Coordinator” option shall be provided; “Coordinator” shall allow the operator to manually reach and grip a container, continued contact on arm lift switch shall cause the container to be raised, dumped, and lowered to the side of the vehicle, un-gripped and the arm returned to the stowed/home position Yes __________ No __________ Exceptions ___________________________________ Section 7 Grippers: One set of thirty (30) to one hundred ten (110) gallon spring steel grippers to be supplied Yes __________ No __________ Exceptions ___________________________________ Bid Specifications for one (1) New 2014 (or newer) Packer unit to be installed on an existing chassis Page 12 of 18 A selectable, dual pressure valve shall control the grip pressure/radial force, the switch to be located on the control console. The low pressure function will be selected for thirty (30) to one hundred ten (110) gallon containers; the high pressure function will be selected for handling two hundred (200) to four hundred (400) gallon containers Yes __________ No __________ Exceptions ___________________________________ Unit to be equipped to allow changing of gripper arms by one (1) person with no tools required Yes __________ No __________ Exceptions ___________________________________ Gripper pivots shall pivot on greaseless bearings Yes __________ No __________ Exceptions ___________________________________ Gripper shall be capable of handling thirty two (32) to ninety eight (98) gallon containers designed for automated collection Yes __________ No __________ Exceptions ___________________________________ Unit shall include a gripper storage rack to allow storage of grippers not in use, mounted in location to be determined by city personnel upon the award of the bid Yes __________ No __________ Exceptions ___________________________________ An electronic proportional control system shall be provided that will give the operator the ability to “feather” the automated lifting mechanism when gripping/un-gripping, extending/retracting, raising/lowering. Tipping/un-tipping the containers; No Exceptions Yes __________ No __________ Exceptions ___________________________________ Section 8 Controls: The automated lifting mechanism shall be controlled by an electronic operated hydraulic directional control valve. The valve shall respond to proportional outputs (PWM signals) from the controller Yes __________ No __________ Exceptions ___________________________________ Positive linear sensors shall be incorporated into the system to provide feedback of the position of the lift arm while raising, dumping and gripping the containers Yes __________ No __________ Exceptions ___________________________________ Must have an engine monitoring system to protect from over torqueing or stalling the engine in high load operations Yes __________ No __________ Exceptions ___________________________________ Bid Specifications for one (1) New 2014 (or newer) Packer unit to be installed on an existing chassis Page 13 of 18 A controller designed for mobile equipment with multiple digital and analog inputs and outputs shall be mounted near the main automated lifting mechanism hydraulic control valve Yes __________ No __________ Exceptions ___________________________________ Remote I/O modules shall communicate through the can-bus to provide for the inputs and outputs not directly connected to the main controller Yes __________ No __________ Exceptions ___________________________________ The joystick will also include four momentary switches for frequently used functions including pack start, container shake, work lights and Auto grip/un-grip Yes __________ No __________ Exceptions ___________________________________ A multifunctional joystick shall be provided; it will include two proportional “axis” for extending and retracting the lift mechanism, raising and lowering the lift mechanism and a proportional rocker for closing and releasing the grippers Yes __________ No __________ Exceptions ___________________________________ The joystick will include a selectable hold-to-run switch to prevent unintentional operation of the control Yes __________ No __________ Exceptions ___________________________________ There shall be two (2) additional (3-rocker switch type) controls; one (1) located on the right side of the cab under right side of the driver’s seat so that the driver can operate the controls from the ground and one (1) located on the right hand window sill area/dash area if chassis permits. Yes __________ No __________ Exceptions ___________________________________ The menu system will include screens for the following: A. Factory setup, password protected, so the system can be configured for the user’s needs B. User setup to allow the user to change how specific features operate C. Input and output diagnostics for trouble shooting the system D. Lights, for turning on and off work and warning lights E. Collection mode grouping the controls needed when picking up containers F. Unloading mode grouping the controls needed when unloading the unit G. Joystick operation showing the function of the joystick H. Data collection showing counts of arm cycles, pack cycles, eject cycles, pump run times and warnings I. System warning messages will display over the operation screen Yes __________ No __________ Exceptions ___________________________________ Section 9 Hydraulic System: Bid Specifications for one (1) New 2014 (or newer) Packer unit to be installed on an existing chassis Page 14 of 18 Hydraulic pump design must allow all hydraulic flow to be stopped during emergency situations (ex: hose burst) using the E-Stop button Yes __________ No __________ Exceptions ___________________________________ Hydraulic pump design must allow truck to be able to drive back to its home base without any harm to the pump and without spilling any fluid after engaging e-stop with no further modifications to the system. (ex: removing PTO shaft) Yes __________ No __________ Exceptions ___________________________________ An Eaton load sensing, power on demand (POD) hydraulic system featuring a variable displacement tandem piston pump driven by a long-life drive shaft must be used or equivalent Yes __________ No __________ Exceptions ___________________________________ For maximum efficiency the tandem load sense pump shall provide only the flow required for proper operation Yes __________ No __________ Exceptions ___________________________________ No over-speed control shall be required Yes __________ No __________ Exceptions ___________________________________ The arm hydraulic control valve must be true pilot operated, proportional post compensated style with manual over-rides for each function Yes __________ No __________ Exceptions ___________________________________ Hydraulic reservoir shall be a maximum capacity of forty (40) gallons to reduce overall weight; the reservoir shall include internal baffling to direct the oil flow for maximum heat transfer Yes __________ No __________ Exceptions ___________________________________ A highly efficient light weight non-micro nucleation reservoir must be used, specifically designed to incorporate a suction screen without concerns of micro nucleation Yes __________ No __________ Exceptions ___________________________________ Hydraulic reservoir shall be equipped with a fluid level sight glass and an in cab low level indicator Yes __________ No __________ Exceptions ___________________________________ Hydraulic reservoir shall be equipped with a temperature sensor so oil temperature can be monitored in the cab Yes __________ No __________ Exceptions ___________________________________ Bid Specifications for one (1) New 2014 (or newer) Packer unit to be installed on an existing chassis Page 15 of 18 Hydraulic reservoir shall be located street side and frame mounted; system must be plumbed and sized sufficiently to the pump inlet to assure optimum inlet conditions without the need for augmented tank pressurization Yes __________ No __________ Exceptions ___________________________________ The hydraulic system shall incorporate a full flow ten (10) micron absolute in-tank return line filter with replaceable element Yes __________ No __________ Exceptions ___________________________________ The hydraulic system shall incorporate a full flow ten (10) micron tank breather with replaceable element Yes __________ No __________ Exceptions ___________________________________ All hydraulic fittings shall be O-ring Face Seal (OFS) or O-Ring Boss (ORB) Yes __________ No __________ Exceptions ___________________________________ All hydraulic components shall be adequately sized and designed to maintain appropriate hydraulic oil temperature Yes __________ No __________ Exceptions ___________________________________ Maximum hydraulic system pressure for the lift arm and pack circuits shall be three thousand (3000) PSI Yes __________ No __________ Exceptions ___________________________________ Hydraulic system must provide arm operation in gear at engine idle speed, RPM not to exceed eight hundred (800) Yes __________ No __________ Exceptions ___________________________________ An oil cooler shall be installed to ensure hydraulic oil temperature is regulated in high ambient temperatures as needed for running in extreme environments Yes __________ No __________ Exceptions ___________________________________ Section 10 Lights: LED stop, tail, clearance and reverse lights shall be provided in accordance with FMVSS#108 Bid Specifications for one (1) New 2014 (or newer) Packer unit to be installed on an existing chassis Page 16 of 18 Yes __________ No __________ Exceptions ___________________________________ Upper light bar shall contain two (2) of each four inches (4”) diameter stop/tail/turn lights and two inch (2”) diameter clearance and side marker lights Yes __________ No __________ Exceptions ___________________________________ Lower light bar shall contain two (2) of each four inch (4”) diameter stop/tail/turn AND reverse lights Yes __________ No __________ Exceptions ___________________________________ All lights shall be sealed, Lexan covers and have flexible gasket mounting Yes __________ No __________ Exceptions ___________________________________ Mid-body turn signals shall be provided Yes __________ No __________ Exceptions ___________________________________ Two (2) optional LED work lights shall be available, operated by a single push button switch on the in-cab joystick, one (1) light shall illuminate the hopper and one (1) light shall illuminate the lift arm area Yes __________ No __________ Exceptions ___________________________________ Section 11 Electrical: All electrical wiring shall be in protective looms Yes __________ No __________ Exceptions ___________________________________ All wiring harnesses shall be Deutsch automotive type connectors meeting IP67 waterproof specification Yes __________ No __________ Exceptions ___________________________________ The electrical system junction boxes or terminations shall use the IP67 specification connectors Yes __________ No __________ Exceptions ___________________________________ All circuits shall be properly fused and wiring shall be color coded and numbered Yes __________ No __________ Exceptions ___________________________________ Section 12 Painting: The entire unit shall be properly cleaned of all dirt, grease and weld slag prior to painting Yes __________ No __________ Exceptions ___________________________________ Bid Specifications for one (1) New 2014 (or newer) Packer unit to be installed on an existing chassis Page 17 of 18 The complete unit shall be painted with DuPont Imron Elite high solids to a minimum of three point five (3.5) mils or equivalent Yes __________ No __________ Exceptions ___________________________________ The packer body shall be painted one color, White Yes __________ No __________ Exceptions ___________________________________ Section 13 Camera System: Unit shall have three (3) cameras; A. The first to be located above the gripper arm, centered with the grippers. Safety Vision model # SV-690H which is a color, heated, non shuttered with six (6) IR’s B. The second to be mounted on the tailgate of the packer that will come on when the transmission is put into reverse; this camera to be Safety Vision model # SV-810, which is color, has six (6) IR’s, heated and is shuttered C. The third to be mounted in the hopper area; this to be a Safety Vision model # SV-690H which is a color, heated, non shuttered with six (6) IR’s Yes __________ No __________ Exceptions ___________________________________ The camera system will also include a video recorder from Safety Vision model # SVR-4100; this system is not required to have Wi-Fi, but does need to include two (2) SD cards, each with a thirty two (32) GB capacity Yes __________ No __________ Exceptions ___________________________________ Unit shall have a seven inch (7”) monitor/controller and be a Safety Vision model # SV- LED70WP4 Yes __________ No __________ Exceptions ___________________________________ Section 14 Manuals and Technical Information: The successful bidder shall provide TWO (2) Complete sets to the City, the following technical information: Bid Specifications for one (1) New 2014 (or newer) Packer unit to be installed on an existing chassis Page 18 of 18 A. Maintenance and operation manuals, as used by the manufacturers repair facilities, covering the equipment, parts and supplies purchased B. Service manuals, as used by the manufacturers repair facilities, covering the equipment purchased C. Parts manuals, as used by the manufacturers repair facilities, giving service part numbers complete in every detail covering the equipment purchased D. Access to any and all on line applications as used by the manufacturers repair facilities E. Access to any and all Computer/PC based trouble shooting/diagnostic programs as used by the manufacturers repair facilities Yes_______ No_______ Exceptions______________________________________________ Section 15 Warranty: All material and workmanship herein is specified, including all equipment furnished by the successful bidder, shall be guaranteed to be free from defective material or workmanship for the manufactures standard warranty period. Seller will be required to furnish and install all parts and pay any additional expense to repair the unit that has been affected by defective workmanship, equipment or material during this period, at no cost to the city of Bozeman. Should warranty repairs take longer than forty eight (48) hours, Bidder agrees to supply the City of Bozeman with a machine of like, kind, and quality to use during the time the machine is down. Yes __________ No __________ Exceptions ___________________________________ Section 16 Delivery: Prior to delivery the vehicle shall be completely serviced as necessary to assure proper operation and function Yes __________ No __________ Exceptions ___________________________________ All Equipment, spare parts and supplies shall be delivered FOB destination, delivery charges prepaid and added, to City of Bozeman Vehicle Maintenance Department, 1812 N. Rouse, Bozeman, MT 59715. Yes __________ No __________ Exceptions ___________________________________ Please include any and all warranty extension programs and costs Please list any additional options to be considered Bid Form Page 1 of 7 1 BID FORM (Purchase Agreement) One (1) New 2014 (or newer) Packer unit to be installed on an existing chassis THIS BID SUBMITTED TO: Bozeman City Clerk, City of Bozeman, MT, 121 N. Rouse Ave., Bozeman, MT 59715. 1. THE UNDERSIGNED BIDDER proposes and agrees that if this bid is accepted, Bidder will enter into a Purchase Agreement with the City in the form included in the bidding documents and will furnish the goods or product to be purchased by the City within the number of calendar days indicated in the Agreement and in accordance with the other terms and conditions of the bidding documents. 2. Bidder has examined, understands, accepts, and abides by all of the terms and conditions of the Invitation to Bid, Instructions to Bidders, Bid Specifications, and Purchase Agreement. 3. Bidder expressly covenants that if Bidder is awarded the bid, Bidder will, after the bid is awarded and within the time specified in the Request for Bid, enter into a formal Purchase Agreement with City. The bid must be accompanied by Bid Security payable to the City of Bozeman for ten percent (10%) of the total amount of the bid, including alternates, if any. The Bid Security must be in a form specified in §18-1-203, MCA, which includes, but is not limited to, certified check, cashier's check, bank draft, bid bond, guaranty bond, or surety bond. The Bid Security is attached hereto as Exhibit 1. 4. This bid will remain subject to acceptance for sixty (60) days after the bid opening, or for such longer period of time that Bidder may agree to in writing upon request of City. 5. Bidder further represents that this bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; Bidder 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. 6. Bidder certifies that no employee or official of the City or any member of such employee or official’s immediate family has any direct or indirect interest in the pecuniary 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. 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. Bid Form Page 2 of 7 2 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 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 _____ day of ____________, 20_____. Bidder’s Tax ID # 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) (Name typed or printed) Business Address: Telephone # FAX # Bid Form Page 3 of 7 3 A Corporation: (SEAL) (Corporation Name) State of Incorporation: Type (General Business, Professional, Service, Limited Liability): By: (Signature of Authorized Representative) Print Name and Title: Attest: (Corporate Seal) (Signature of Secretary) Business Address: Telephone # FAX # 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: Telephone # FAX # 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: Telephone # FAX # Address of Joint Venture for Receipt of Official Communication: Address: Bid Form Page 4 of 7 4 Telephone # FAX # (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 5 of 7 5 Exhibit 1 Bid Security Attached. Bid Form Page 6 of 7 6 Exhibit 2 Bid Sheet Attach a completed Bid Specification Form. The Bidder must state the Total Bid Price here: Total Bid Price (written out and in dollar amount): $_______________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Bid Form Page 7 of 7 7 Exhibit 3 Receipt of Addendum (if applicable). Bidder acknowledges receipt of the following addendum of revisions or additions: Addendum Number Date Issued Authorized Signature For Each 1 2 3 4 5 Purchase Agreement Page 1 of 4 BID PURCHASE AGREEMENT THIS AGREEMENT is made this ____day of___________, 2014, 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 _______________________, with a mailing address of _________________________, 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 in the City’s Bid Specifications, as modified by the parts of Seller’s response accepted by City, all of 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. The property being purchased (“Property”) consists of: One (1) New 2014 (or newer) Packer unit to be installed on an existing chassis TOTAL PRICE: $_____________________ 2. SPECIFICATIONS: The Seller agrees that all material and workmanship in and upon this Property complies with the City’s Bid Specifications as shown on the Seller’s Bid Form and the Seller’s response thereto as accepted by the City. Unless otherwise agreed to by the City, the City’s Bid Specifications as shown on the Seller’s Bid Form govern in the event of inconsistencies with the Seller’s response to the same. 3. PRICE: The City agrees to pay ____________________________ Dollars ($_______) as the purchase price. All prices are less 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 deliver the above-described Property to the City within ninety (90) Purchase Agreement Page 2 of 4 days of the receipt of City’s order. Delivery will occur at the City of Bozeman’s City Shop Complex (814 North Bozeman Ave., Bozeman, MT 59715), or at a place otherwise selected by City. If delivery of the Property and/or performance of services required under this 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 or 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 Bid Specifications as modified by Seller’s responses accepted by City. If the Property meets the modified Bid Specifications, City shall tender the purchase price stated above to Seller through the City’s normal claim process. Unless otherwise agreed in writing, payment terms shall be net thirty (30) days from the date of receipt of invoice or acceptance 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: John Alston, Superintendent of Sewer and Water, PO Box 1230, Bozeman, MT 59771-1230. 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 Bid 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. Purchase Agreement Page 3 of 4 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 Bid Specifications 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 FOR A MINIMUM OF TWO (2) YEARS AND SHALL ALSO 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 One (1) New 2014 (or newer) Packer unit to be installed on an existing chassis for a minimum of one hundred fifteen thousand dollars ($115,000.000) against all damages during the time the One (1) New 2014 (or newer) Packer unit to be installed on an existing chassis is in the Seller’s possession which time of Seller’s possession shall commence the moment the One (1) New 2014 (or newer) Packer unit to be installed on an existing chassis is picked up from the City of Bozeman by Seller or Seller’s agent until the moment the One (1) New 2014 (or newer) Packer unit to be installed on an existing chassis is returned to the City of Bozeman by Seller or Seller’s agent and accepted by the City. In addition to and independent from the above requirement, from the moment Seller or Seller’s agent takes possession of the One (1) New 2014 (or newer) Packer unit to be installed on an existing chassis. Seller shall defend, indemnify, and hold the City 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 during the performance of this Purchase Agreement. Purchase Agreement Page 4 of 4 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, 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. CITY OF BOZEMAN ______________________________________ SELLER (Type Name Above) By___________________________________ By____________________________________ Chris A. Kukulski, City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By____________________________________ Greg Sullivan, City Attorney NON-DISCRIMINATION AFFIRMATION FORM _________________________ [name of entity submitting] hereby affirms it will not discriminate 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 in the performance of work performed for the city of Bozeman, if a contract is awarded to it, and also recognizes the eventual contract, if awarded, will contain a provision prohibiting discrimination as described above and that this prohibition shall apply to the hiring and treatment of the _________________________ [name of entity submitting] employees and to all subcontracts it enters into in performance of the agreement with the city of Bozeman. Signature of Bidder: ______________________________ Person authorized to sign on behalf of the bidder