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HomeMy WebLinkAbout15- Full Specs for 2 Front Load TrucksCITY OF BOZEMAN, MONTANA CALL FOR BIDS NOTICE IS HEREBY GIVEN that the City of Bozeman, Montana, is accepting sealed bids for: Two (2) New 2015 (or newer) 60,000 Pound GVWR Tandem Axle Truck with installed and operating New 2015 (or newer) Automated Front Load Refuse Packer Sealed bids will be received by the Bozeman City Clerk’s Office, Bozeman, Montana, at the office in City Hall, 121 N. Rouse Avenue, Bozeman, Montana, until 2:00 p.m. local time on Tuesday, August 11, 2015, at which time the bids will be publicly opened at the City Hall before the City Clerk for Two (2) New 2015 (or newer) 60,000 Pound GVWR Tandem Axle Truck with installed and operating New 2015 (or newer) Automated Front Load Refuse Packer . Please write the name of the project 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, August 11, 2015. Original copies must be submitted – no faxed or electronic bids will be accepted. Bids will be opened and read following the close of bids. Full and detailed specifications on the equipment to be furnished may be obtained at the office of the City Clerk, City Hall, 121 N. Rouse Avenue, Bozeman, Montana 59715, telephone number (406) 582-2320, by email at agenda@bozeman.net or by visiting the City website 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. No bid may be withdrawn after the scheduled time for the public opening of bids, which is 2:00 p.m. local time, August 11, 2015. 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 23rd day of July, 2015 Stacy Ulmen, CMC City Clerk Legal Ad Published Bozeman, Montana July 26, 2015 August 2, 2015 1 INSTRUCTIONS TO BIDDERS FOR Two (2) New Current Model Year 2015 or newer 60,000 Pound GVWR Tandem Axle Truck with installed and operating New 2015 or newer Automated Load Refuse Packer BID DOCUMENTS: The bid documents for the City of Bozeman for Two (2) New Current Model Year 2015 or newer 60,000 Pound GVWR Tandem Axle Truck with installed and operating New 2015 or newer Automated Load Refuse Packer 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 Two (2) New Current Model Year 2015 or newer 60,000 Pound GVWR Tandem Axle Truck with installed and operating New 2015 or newer Automated Load Refuse Packer. 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 Two (2) New Current Model Year 2015 or newer 60,000 Pound GVWR Tandem Axle Truck with installed and operating New 2015 or newer Automated Load Refuse Packer pursuant to the Bid Specifications. It is the intention of the Bid Specifications to provide for and require complete Two (2) New Current Model Year 2015 or newer 60,000 Pound GVWR Tandem Axle Truck with installed and operating New 2015 or newer Automated Load Refuse Packer 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 Two (2) New Current Model Year 2015 or newer 60,000 Pound GVWR Tandem Axle Truck with installed and operating New 2015 or newer Automated Load Refuse Packer shall not release the successful contractor from liability for faulty design, workmanship or materials appearing even after final payment has been made. 2 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. 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. 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. 3 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 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. 4 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: Two (2) New 2015 (or newer) 60,000 Pound GVWR Tandem Axle Truck with installed and operating New 2015 (or newer) Automated Front Load Refuse Packer The equipment described herein shall be a new 2015 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. SCHEDULE 1 COMPLETE CHASSIS & 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 left hand position therefore all driver functions to be accessed on left side. The City of Bozeman will be accepting one (1) bid for a cab & chassis and one (1) refuse packer. The successful truck bidder will be responsible for setting times for the refuse packer and other equipment to be mounted, and delivery of the complete unit to the Vehicle Maintenance main office in Bozeman, MT. Standard Options: All standard equipment and options, whether expressly stated herein or not, shall be included Yes_______ No_______ Exceptions______________________________________________ Color: Cab color shall be L0069EB, blue Elite BC or equivalent Yes_______ No_______ Exceptions______________________________________________ Two (2) New 2015 (or newer) 60,000 Pound GVWR Tandem Axle Truck with installed and operating New 2015 (or newer) Automated Front Load Refuse Packer Bid Specifications Page 2 of 18 Engine: Unit shall have three hundred fifty (350) HP at eleven hundred (1100) RPM, one thousand four hundred fifty (1450) lb/ft at eleven hundred (1100) RPM Yes_______ No_______ Exceptions______________________________________________ Unit shall meet current federal emission standards. Yes_______ No_______ Exceptions______________________________________________ Unit shall have straight engine mounted oil check and fill. Yes_______ No_______ Exceptions______________________________________________ Unit shall have heaviest duty radiator for maximum cooling with no PTO opening. Yes_______ No_______ Exceptions______________________________________________ Engine block heater with thermostat (fifteen hundred (1500) watt/one hundred fifteen (115) volt) Yes_______ No_______ Exceptions______________________________________________ Antifreeze to minus thirty four degrees (-34°) Fahrenheit Yes_______ No_______ Exceptions______________________________________________ Three (3), Group thirty one (31), twelve (12) volt maintenance free three thousand three hundred seventy five (3375) CC threaded stud batteries Yes_______ No_______ Exceptions______________________________________________ Battery box with cover, mounted short side to rail Yes_______ No_______ Exceptions______________________________________________ Battery disconnect switch mounted in clean environment. Yes_______ No_______ Exceptions______________________________________________ Standard heater plumbing with ball shutoff valves at supply lines Yes_______ No_______ Exceptions______________________________________________ Provide factory OEM filter parts list Yes_______ No_______ Exceptions______________________________________________ Two (2) New 2015 (or newer) 60,000 Pound GVWR Tandem Axle Truck with installed and operating New 2015 (or newer) Automated Front Load Refuse Packer Bid Specifications Page 3 of 18 All filters to be accessible for service Yes_______ No_______ Exceptions______________________________________________ Unit shall have a Davco 482 fuel water separator with ESOC and twelve (12) volt & one hundred twenty (120) volt pre-heater or equivalent, mounted clear of tire area & accessible for service. Yes_______ No_______ Exceptions______________________________________________ BW model BA-921, nineteen point zero (19.0) CFM single cylinder air compressor, with safety valve and with air intake plumbed to the clean side of the main engine air filter, hot discharge hoses mounted away from wiring. Yes_______ No_______ Exceptions______________________________________________ Engine after-treatment device, automatic over the road regeneration and dash mounted regeneration request switch, all hoses, plastics & wires to be clear from exhaust. Yes_______ No_______ Exceptions______________________________________________ Exhaust stack to be mounted opposite from driver’s side. Yes_______ No_______ Exceptions______________________________________________ Minimum thirteen (13) gallon diesel exhaust fluid tank, mounted in safe area to protect from rupture. Yes_______ No_______ Exceptions______________________________________________ Stainless after treatment device/muffler/tailpipe shield Yes_______ No_______ Exceptions______________________________________________ Automatic fan control with dash switch and indicator light, non engine mounted Yes_______ No_______ Exceptions______________________________________________ A maximum capacity fuel tank desired, however must have a minimum of seventy (70) gallon/two hundred sixty four (264) liter aluminum fuel tank. Must meet MDT specifications. Yes_______ No_______ Exceptions______________________________________________ Fifteen (15) gallons of additional fuel Yes_______ No_______ Exceptions______________________________________________ Fuel cooler as required, to be mounted in clean environment area. Yes_______ No_______ Exceptions______________________________________________ Two (2) New 2015 (or newer) 60,000 Pound GVWR Tandem Axle Truck with installed and operating New 2015 (or newer) Automated Front Load Refuse Packer Bid Specifications Page 4 of 18 Transmission and equipment: Allison 4500 RDS automatic transmission with PTO, with over speed protection Yes_______ No_______ Exceptions______________________________________________ For automated front-load refuse application Yes_______ No_______ Exceptions______________________________________________ All electrical wiring shall be in protective looms, routed in such a way to prevent chaffing, rubbing or cutting of wires. 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______________________________________________ Vehicle Interface wiring and PDM with body builder connector in back of cab Yes_______ No_______ Exceptions______________________________________________ Electronic transmission customer access connector mounted on firewall Yes_______ No_______ Exceptions______________________________________________ Water to oil transmission cooler must be frame mounted in clean & safe environment. Yes_______ No_______ Exceptions______________________________________________ Ninety seven (97) DB backup alarm when reverse is engaged – Sound to point toward rear of truck Yes_______ No_______ Exceptions______________________________________________ Push button electronic shift control – dash mounted, easily accessible by driver Yes_______ No_______ Exceptions______________________________________________ Two (2) New 2015 (or newer) 60,000 Pound GVWR Tandem Axle Truck with installed and operating New 2015 (or newer) Automated Front Load Refuse Packer Bid Specifications Page 5 of 18 Transmission oil check/fill to be straight and also have electronic oil level check Yes_______ No_______ Exceptions______________________________________________ Cab: Cab over, tilt cab Yes_______ No_______ Exceptions______________________________________________ All accessories to be wired to key on power supply Yes_______ No_______ Exceptions______________________________________________ Visibility out of back window of cab Yes_______ No_______ Exceptions______________________________________________ Shall be drivable from the left hand position, steering must be installed at the factory Yes_______ No_______ Exceptions______________________________________________ Unit shall have an adjustable telescoping/tilt steering wheel Yes_______ No_______ Exceptions______________________________________________ All windows will be tinted safety glass; rear window shall be full cab width Yes_______ No_______ Exceptions______________________________________________ Retractable seat belts shall be of the lap/shoulder type Yes_______ No_______ Exceptions______________________________________________ Unit shall have arm rests on left & right door Yes_______ No_______ Exceptions______________________________________________ Unit shall have a cold climate package Yes_______ No_______ Exceptions______________________________________________ Unit shall have two (2) heavy-duty windshield wipers with intermittent switch and windshield washer shall be installed Yes_______ No_______ Exceptions______________________________________________ Unit shall have dual sun visors Yes_______ No_______ Exceptions______________________________________________ Two (2) New 2015 (or newer) 60,000 Pound GVWR Tandem Axle Truck with installed and operating New 2015 (or newer) Automated Front Load Refuse Packer Bid Specifications Page 6 of 18 Unit shall have dome lights, with manual and automatic door switch Yes_______ No_______ Exceptions______________________________________________ Cab shall be equipped with a right-hand and left-hand heated/motorized outside mirror not less than six inch by sixteen inch (6”x16”) and a separately adjustable minimum eight inch (8”) round convex mirror to be attached to the main mirror supporting rods on each side; mirror must be able to fold when struck and mounted on door. Mount spot light on mirror and wire on key power so that is switch is backlit. Mirror assembly must be braced properly for vibration and weight. Yes_______ No_______ Exceptions______________________________________________ Unit shall have a common key for doors and ignition; two (2) keys shall be provided Yes_______ No_______ Exceptions______________________________________________ Front steel bumper shall be provided; if not a factory bumper, then to meet DOT specifications Yes_______ No_______ Exceptions______________________________________________ Full length heavy-duty insulated rubber floor covering shall be provided Yes_______ No_______ Exceptions______________________________________________ Molded plastic door panel without vinyl insert with aluminum kickplate on lower door, both sides Yes_______ No_______ Exceptions______________________________________________ Smart switch expansion module Yes_______ No_______ Exceptions______________________________________________ Unit shall have left hand and right hand electric door locks Yes_______ No_______ Exceptions______________________________________________ All electrical wiring shall be in protective looms to prevent rubbing & cutting and shall not conflict with service items. Yes_______ No_______ Exceptions______________________________________________ Two (2) fused twelve (12) volt power supply in dash Yes_______ No_______ Exceptions______________________________________________ Electronic cruise control Yes_______ No_______ Exceptions______________________________________________ Two (2) New 2015 (or newer) 60,000 Pound GVWR Tandem Axle Truck with installed and operating New 2015 (or newer) Automated Front Load Refuse Packer Bid Specifications Page 7 of 18 Engine remote interface, not configured Yes_______ No_______ Exceptions______________________________________________ Furnished and installed PTO controls with over speed protection Yes_______ No_______ Exceptions______________________________________________ Self canceling turn signal switch Yes_______ No_______ Exceptions______________________________________________ Unit must have heater, defroster and air conditioner, factory installed Yes_______ No_______ Exceptions______________________________________________ One (1) two-way radio with short one forth (1/4) wave antenna to be included and installed. Two-way radio shall be a Kenwood TK-8180HK, with external speaker or equivalent, mounting location to be determined by City personnel Yes_______ No_______ Exceptions______________________________________________ Right hand and left hand electric powered window controls Yes_______ No_______ Exceptions______________________________________________ Premium insulation to be fastened securely. Yes_______ No_______ Exceptions______________________________________________ Premium high back air suspension driver seat with three (3) chamber air lumbar, integrated cushion extension, forward and rear cushion extension, forward and rear cushion tilt, adjustable shock absorber Yes_______ No_______ Exceptions______________________________________________ Bolt-on molded flexible fender extensions Yes_______ No_______ Exceptions______________________________________________ Left hand and right hand exterior grab handles to assist operator entering & exiting vehicle cab Yes_______ No_______ Exceptions______________________________________________ Hood liner, added firewall and floor heat insulation Yes_______ No_______ Exceptions______________________________________________ Two (2) New 2015 (or newer) 60,000 Pound GVWR Tandem Axle Truck with installed and operating New 2015 (or newer) Automated Front Load Refuse Packer Bid Specifications Page 8 of 18 LED aerodynamic marker lights Yes_______ No_______ Exceptions______________________________________________ Cab fan, location to be determined by City of Bozeman staff Yes_______ No_______ Exceptions______________________________________________ Install a Painless® wiring system, CirKit Boss circuit isolator system Part # P/N 70207 to be installed inside the cab, easily accessible Yes_______ No_______ Exceptions______________________________________________ Instrument and Controls: All accessories to be wired to Painless® wiring system. Yes_______ No_______ Exceptions______________________________________________ AM/FM/WB radio with CD player and front auxiliary input Yes_______ No_______ Exceptions______________________________________________ Three (3) on/off rocker switch in the dash with indicator light and three wires routed to chassis at back of frame into a junction box, “labeled OPT” Yes_______ No_______ Exceptions______________________________________________ Unit must have a parking brake with yellow knob and have a permanent label on panel as to the function and direction of operation, close to driver’s side. Yes_______ No_______ Exceptions______________________________________________ Electronic Parameters: Sixty five (65) miles per hour road speed limit Yes_______ No_______ Exceptions______________________________________________ Cruise control speed limit same as road speed limit Yes_______ No_______ Exceptions______________________________________________ Frame: Two (2) front and two (2) rear heavy duty tow hooks shall be provided and installed, attached to frame Yes_______ No_______ Exceptions______________________________________________ Two (2) New 2015 (or newer) 60,000 Pound GVWR Tandem Axle Truck with installed and operating New 2015 (or newer) Automated Front Load Refuse Packer Bid Specifications Page 9 of 18 Huck-spin round collar chassis fasteners or equivalent Yes_______ No_______ Exceptions______________________________________________ Front mud flaps Yes_______ No_______ Exceptions______________________________________________ Tires & Wheels: Unit shall have Michelin XZY2 315/80R22.5 twenty (20) ply radial front tires or equal Yes_______ No_______ Exceptions______________________________________________ Unit shall have BF Goodrich, DR675, 11R22.5 fourteen (14) ply radial rear tires Yes_______ No_______ Exceptions______________________________________________ Duals shall have ample clearance to allow the use of heavy-duty truck single or dual-tire chains. Recommended spacing is one and three quarter inch (1¾”) minimum between tires; unit shall have mud flaps in front and rear of duals Yes_______ No_______ Exceptions______________________________________________ Accuride 29039 22.5X9.00 ten (10) hub pilot five point two five (5.25) inset five (5) hand steel disc front wheels Yes_______ No_______ Exceptions______________________________________________ Accuride 28828 22.5X8.25 ten (10) hub pilot two (2)-hand HD steel disc rear wheels Yes_______ No_______ Exceptions______________________________________________ Nylon wheel guards front and rear at all interfaces Yes_______ No_______ Exceptions______________________________________________ Rear Axle and Suspension: RT-46-160P forty six thousand (46,000) pound R-series tandem rear axle with gear ratio to be determined based upon engine Yes_______ No_______ Exceptions______________________________________________ MXL 18T Meritor extended lube main driveline with half-round yokes Yes_______ No_______ Exceptions______________________________________________ Two (2) New 2015 (or newer) 60,000 Pound GVWR Tandem Axle Truck with installed and operating New 2015 (or newer) Automated Front Load Refuse Packer Bid Specifications Page 10 of 18 Driver controlled traction differential – rear most tandem/tridem rear axle Yes_______ No_______ Exceptions______________________________________________ One (1) interaxle lock valve and one (1) driver controlled differential lock rear-rear axle valve Yes_______ No_______ Exceptions______________________________________________ Blinking lamp with each mode switch, differential unlock with ignition off Yes_______ No_______ Exceptions______________________________________________ Blinking lamp with each mode switch, interaxle unlock default with ignition off Yes_______ No_______ Exceptions______________________________________________ Meritor 16.5X8.62 Q+ cast spider cam rear brakes, double anchor, fabricated shoes Yes_______ No_______ Exceptions______________________________________________ Brake cams and chambers on forward side of drive axle(s) Yes_______ No_______ Exceptions______________________________________________ Rear brake dust shields Yes_______ No_______ Exceptions______________________________________________ Haldex automatic rear slack adjusters Yes_______ No_______ Exceptions______________________________________________ Tuftrac forty six thousand (46,000) pound two (2)-stage rear spring suspension or equivalent Yes_______ No_______ Exceptions______________________________________________ Rear shock absorbers – two (2) axles (tandem) Yes_______ No_______ Exceptions______________________________________________ Expected rear drive axles(s) load of forty six thousand (46,000) pounds Yes_______ No_______ Exceptions______________________________________________ Front axle and suspension: Bidder must state wall-to-wall turning radius in feet Yes_______ No_______ Exceptions______________________________________________ Two (2) New 2015 (or newer) 60,000 Pound GVWR Tandem Axle Truck with installed and operating New 2015 (or newer) Automated Front Load Refuse Packer Bid Specifications Page 11 of 18 Cab to trunion shall meet packer specifications Yes_______ No_______ Exceptions______________________________________________ 16.5x6 Q+ cast spider cam front brakes, double anchor, fabricated shoes Yes_______ No_______ Exceptions______________________________________________ Front brake dust shields Yes_______ No_______ Exceptions______________________________________________ Haldex automatic front slack adjusters Yes_______ No_______ Exceptions______________________________________________ TRW THP-60 Power steering with RH RAM Yes_______ No_______ Exceptions______________________________________________ Minimum four (4) quart power steering reservoir with filter Yes_______ No_______ Exceptions______________________________________________ Oil/air power steering cooler Yes_______ No_______ Exceptions______________________________________________ Synthetic GL5 Front axle lube Yes_______ No_______ Exceptions______________________________________________ Twenty thousand (20,000) pound taperleaf front suspension Yes_______ No_______ Exceptions______________________________________________ Brake System: Bendix AD-IP brake line air dryer with heater Yes_______ No_______ Exceptions______________________________________________ Bendix oil coalescing filter for air dryer, not to be mounted near front steer tires and accessible for service. Yes_______ No_______ Exceptions______________________________________________ Must have pull cable to drain valves on all air tanks Yes_______ No_______ Exceptions______________________________________________ Two (2) New 2015 (or newer) 60,000 Pound GVWR Tandem Axle Truck with installed and operating New 2015 (or newer) Automated Front Load Refuse Packer Bid Specifications Page 12 of 18 SCHEDULE 2 PACKER UNIT 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 frontload refuse containers ranging from two (2) cubic yard to ten (10) cubic yards. 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. The minimum capacity of the body including tailgate shall be twenty (28) cubic yards, excluding hopper area Yes __________ No __________ Exceptions ___________________________________ The hopper capacity shall be twelve (12) cubic yards Yes __________ No __________ Exceptions ___________________________________ Lift arms to be rated at eight thousand (8,000) pounds with cab warning light to indicate when arms are raised above the body, and auto-neutral system with on –off switch. Yes __________ No __________ Exceptions ___________________________________ Forks shall be fifty four (54) inches long from bumper pad to end of fork, heavy duty one point five (1.5) inch steel Yes __________ No __________ Exceptions ___________________________________ The body floor thickness shall be minimum of ten (10) gauge Hardox 450 Yes __________ No __________ Exceptions ___________________________________ The body roof shall be minimum ten (10) gauge 80K Yes __________ No __________ Exceptions ___________________________________ The body sides shall be minimum ten (10) gauge Hardox 450 Yes __________ No __________ Exceptions ___________________________________ Two (2) New 2015 (or newer) 60,000 Pound GVWR Tandem Axle Truck with installed and operating New 2015 (or newer) Automated Front Load Refuse Packer Bid Specifications Page 13 of 18 The packer shall have a body lift. Yes __________ No __________ Exceptions ___________________________________ The side access door shall be located at the front side of the body with steps and grab handles for ease of entry. An electrical interlock shall be installed to disable the hydraulic pump whenever door is opened. Yes __________ No __________ Exceptions ___________________________________ A ladder shall be provided on the back or side for access to the body roof. Steps shall be non- slip. Yes __________ No __________ Exceptions ___________________________________ A hydraulically actuated sliding top door shall be provided to cover the hopper area for traveling to the discharge site. Shall be opened/closed by a switch in cab. 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 ___________________________________ An in-cab light will be provided to indicate when the top door is not fully open. Yes __________ No __________ Exceptions ___________________________________ Body styles that have a hopper sump shall have clean out doors and clean out tool. Clean out tool shall be provided on the body side to secure the clean out tool in a stored position Yes __________ No __________ Exceptions ___________________________________ The bottom of the body shall be water tight, at least twelve (12) inches above the floor. Yes __________ No __________ Exceptions ___________________________________ A mesh screen shall be provided at the back of the hopper to prevent trash from dropping into the engine area. Yes __________ No __________ Exceptions ___________________________________ The tailgate shall be hinged at the top and hydraulically raised from within the cab. A tailgate prop shall be provided. Yes __________ No __________ Exceptions ___________________________________ Two (2) New 2015 (or newer) 60,000 Pound GVWR Tandem Axle Truck with installed and operating New 2015 (or newer) Automated Front Load Refuse Packer Bid Specifications Page 14 of 18 The packer shall form a tight seal with the hopper to prevent garbage getting behind packer blade. Yes __________ No __________ Exceptions ___________________________________ Lift arm hydraulic cylinders shall be cushioned to provide for a smooth stop in the raised and lowered position. Yes __________ No __________ Exceptions ___________________________________ Heavy duty bolt-on stops on the side of the body shall be provided to cushion lift arm. Yes __________ No __________ Exceptions ___________________________________ All controls in cab to be mounted to right of driver and within easy reach. An arm rest shall be provided for operator comfort. Yes __________ No __________ Exceptions ___________________________________ The hydraulic pump shall be PTO driven off transmission with over-speed control Yes __________ No __________ Exceptions ___________________________________ The hydraulic tank shall be aluminum with a forty to fifty (40-50) gallon capacity, as necessary to operate system, with a sight gauge and ten (10) micron spin-on type filter on the return line, with a shut-off valve. A reusable one hundred (100) mesh suction line oil strainer shall be provided. Yes __________ No __________ Exceptions ___________________________________ The unit provided shall be capable of hydraulically ejecting it’s load from within the cab. Yes __________ No __________ Exceptions ___________________________________ Mud flaps shall be mounted both behind and ahead of the rear tires. Yes __________ No __________ Exceptions ___________________________________ A worklight shall be provided to illuminate the hopper area behind the cab, with a cab mounted on/off switch. Yes __________ No __________ Exceptions ___________________________________ A rear strobe light, Ecco brand model 6650 shall be mounted on tailgate and run off separately fused switch in cab. Yes __________ No __________ Exceptions ___________________________________ Two (2) New 2015 (or newer) 60,000 Pound GVWR Tandem Axle Truck with installed and operating New 2015 (or newer) Automated Front Load Refuse Packer Bid Specifications Page 15 of 18 Unit shall include dual set of LED stop, signal and park lights, four (4) inch minimum size. One (1) set to be higher on the tailgate, approximately six (6) feet from ground. Directional signals on side of body. Yes __________ No __________ Exceptions ___________________________________ The complete auto pack cycle of the packing panel at idle in seconds:____________________ Packing force of packing panel in pounds:__________________________________________ Weight of Packer Unit in pounds:__________________________________________________ Complete dump cycle time at idle in seconds: _______________________________________ Unit must have remote grease point that is accessible from ground level that greases lube points on top of packer 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 shall be operated by two (2) cylinders Yes __________ No __________ Exceptions ___________________________________ Arm and fork movements shall be provided by an air over hydraulic, self-centering joystick that is fully proportional with feathering Yes __________ No __________ Exceptions ___________________________________ An ergonomically designed padded armrest shall be provided to support the operator’s arm during joystick operation Yes __________ No __________ Exceptions ___________________________________ All hydraulic fittings shall be O-ring Face Seal (OFS) or O-Ring Boss (ORB) Yes __________ No __________ Exceptions ___________________________________ All pressure hoses shall be individually protected with fabric guard. 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 ___________________________________ Two (2) New 2015 (or newer) 60,000 Pound GVWR Tandem Axle Truck with installed and operating New 2015 (or newer) Automated Front Load Refuse Packer Bid Specifications Page 16 of 18 L.E.D. stop, tail, clearance and reverse lights shall be provided in accordance with FMVSS#108 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 LED Yes __________ No __________ Exceptions ___________________________________ Mid-body turn signals shall be provided Yes __________ No __________ Exceptions ___________________________________ 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 ___________________________________ The entire unit shall be properly cleaned of all dirt, grease and weld slag prior to painting Yes __________ No __________ Exceptions ___________________________________ 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 ___________________________________ Two (2) New 2015 (or newer) 60,000 Pound GVWR Tandem Axle Truck with installed and operating New 2015 (or newer) Automated Front Load Refuse Packer Bid Specifications Page 17 of 18 The packer body shall be painted one color, White Yes __________ No __________ Exceptions ___________________________________ Unit shall have three (3) cameras; A. One (1) 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 B. One (1) to be mounted on dashboard facing forward, this camera to be Safety Vision model #SV-625B C. One (1) to be mounted in the hopper area; this to be a Safety Vision model # SV-660H to be mounted in protective housing to prevent being damaged. 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 sixty four (64) 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 ___________________________________ Aluminum tool box eighteen inch by eighteen inch by thirty six inch (18” X 18” X 36”) to be mounted to frame, forward of rear tires Yes __________ No __________ Exceptions ___________________________________ Manuals and Technical Information: The successful bidder shall provide TWO (2) Complete sets to the City, the following technical information: 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____________________________________________ Two (2) New 2015 (or newer) 60,000 Pound GVWR Tandem Axle Truck with installed and operating New 2015 (or newer) Automated Front Load Refuse Packer Bid Specifications Page 18 of 18 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 ___________________________________ Training: A minimum of four (4) hours of packer operation and safety, and eight (8) hours of packer service training will be required by a factory trained (by the manufacturer he/she represents) Certified Trainer. Training will be completed upon delivery of the new machine at a facility determined by the City of Bozeman and will include general service, maintenance, operator orientation and safety training. Yes __________ No __________ Exceptions ___________________________________ Delivery: Prior to delivery the vehicle shall be completely serviced as necessary to assure proper operation and function Yes __________ No __________ Exceptions ___________________________________ The complete units (F.O.B. City Vehicle Maintenance Shop, 1812 N. Rouse Ave., Bozeman, MT) shall be delivered within two hundred forty (240) 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. If the completed unit is not returned with all deficiencies corrected within 30 days, a penalty of one hundred dollars ($100.00) per day will be paid by the successful bidder. 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 BID FORM (Purchase Agreement) Two (2) New 2015 (or newer) 60,000 Pound GVWR Tandem Axle Truck with installed and operating New 2015 (or newer) Automated Front Load Refuse Packer 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. Bid Form Page 2 of 7 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. 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 # Bid Form Page 3 of 7 A Partnership: (Partnership Name) By: (SEAL) (Signature) (Name typed or printed) Business Address: Telephone # FAX # 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 # Bid Form Page 4 of 7 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: 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 Exhibit 1 Bid Security Attached. Bid Form Page 6 of 7 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 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 Two (2) New 2015 (or newer) 60,000 Pound GVWR Tandem Axle Truck with installed and operating New 2015 (or newer) Automated Front Load Refuse Packer Purchase Agreement Page 1 of 4 BID PURCHASE AGREEMENT THIS AGREEMENT is made this _____ day of ______________, 201_, 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 Bid Specifications for Two (2) New (or newer) 60,000 Pound GVWR Tandem Axle Truck with installed and operating New 2015 (or newer) Automated Front Load Refuse Packer, from the Seller 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 Two (2) New (or newer) 60,000 Pound GVWR Tandem Axle Truck with installed and operating New 2015 (or newer) Automated Front Load Refuse Packer TOTAL PRICE (including shipping): _____________________ 2. SPECIFICATIONS: The Seller agrees that all material and workmanship in and upon this Property complies with Addendum A as accepted by the City. Unless otherwise agreed to by the City, the items listed in Addendum A and Section 1 of this agreement, govern in the event of inconsistencies with the Seller’s response to the same. 3. PRICE: The City agrees to pay $___________________ (written out and in dollar amount (________________________________________________________________) as the purchase price. All prices include any applicable local, state or federal taxes that may be applied to the Property to be purchased. This price is firm and not subject to escalation under agreed to in writing by the City. Two (2) New 2015 (or newer) 60,000 Pound GVWR Tandem Axle Truck with installed and operating New 2015 (or newer) Automated Front Load Refuse Packer Purchase Agreement Page 2 of 4 4. DELIVERY AND PAYMENT: Time is of the essence in the performance of this Purchase Agreement. Seller assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other served associated with delivery of the Property. Seller agrees to delivery to the City in a fully operational status and all accessories properly installed no later than ______________________. Delivery will occur at the Vehicle Maintenance Shop, 1812 North Rouse Avenue, Bozeman, MT 59715, or at a place otherwise selected by City. If delivery of the Property and/or performance of services required under this Purchase Agreement cannot be made Seller shall promptly notify the City of the earliest possible date for delivery or performance. Notwithstanding such notice, if Seller for any reason fails to deliver the Property or perform required services within the time specific or to the City’s satisfaction the City may terminate this Purchase Agreement or any part therefore without liability except for good or services previously provided and accepted. The City’s receipt or acceptance of any part of a non-conforming delivery or service shall not constitute a waiver of any claim, right or remedy the City has under this Purchase Agreement or applicable law. Upon delivery and for a reasonable period thereafter, City has the right to inspect the Property to ensure that it meets Specifications as modified by Seller’s responses which have been accepted by City. If the Property meets the Specifications, City shall tender the purchase price stated above to Seller through the City’s normal claim process. Unless otherwise agreed to in writing, payment terms shall be net thirty (30) days from the date of receipt of invoice or acceptance and delivery of goods and services by the City, whichever occurs last. Payment will be made to Seller at the address previously stated unless Seller provides a different address in writing. Invoices must be mailed to City of Bozeman, Attn: Kevin Handelin at P.O. Box 1230, Bozeman, MT 59711-1230. 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 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. Two (2) New 2015 (or newer) 60,000 Pound GVWR Tandem Axle Truck with installed and operating New 2015 (or newer) Automated Front Load Refuse Packer Purchase Agreement Page 3 of 4 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 ADDENDUM 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. 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, Two (2) New 2015 (or newer) 60,000 Pound GVWR Tandem Axle Truck with installed and operating New 2015 (or newer) Automated Front Load Refuse Packer Purchase Agreement Page 4 of 4 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. 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___________________________ Date: ____ By___________________________ Date: ___ Chris A. Kukulski, City Manager Print Name: ___________________ Print Title: ____________________ APPROVED AS TO FORM: By________________________________ Greg Sullivan, City Attorney