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HomeMy WebLinkAbout2012 Loader Backhoe Call for Bids FULL PACKAGE CITY OF BOZEMAN, MONTANA CALL FOR BIDS NOTICE IS HEREBY GIVEN that the City of Bozeman, Montana, is accepting sealed bids for: Bid Specifications for one (1)New 2012 Loader Backhoe Separate sealed bids for (1) New 2012 Loader Backhoe will be received by the City Clerk, City Hall, 121 N. Rouse Avenue, P.O. Box 1230, Bozeman, Montana 59771-1230 will be received until 2:30 p.m.,local time,Tuesday,March 6, 2012 and then publicly opened and read aloud. Please write the name of the proiect: (1) New 2012 Loader Backhoe on the front of the sealed bid. The physical address is: City Clerk's Office, Suite 102, City Hall, 121 N. Rouse Avenue, Bozeman, Montana. The mailing address is: City Clerk's Office, Suite 102, City Hall, P.O. Box 1230, Bozeman, Montana, 59771. Bids must be received before 2:30 p.m. Tuesday, March 6, 2012. Original copies must be submitted—no faxed of electronic bids will be accepted. Bids will be opened and read following the close of bids. The loader backhoe described herein shall be new 2012 production and shall be 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. Further requirements for this bid may be obtained at the office of the City Clerk, City Hall, 121 North Rouse, Suite 102, Bozeman, Montana 59771, telephone number(406) 582-2320, by e- mail at agenda @bozeman.net, or downloaded at www.bozeman.net under the business tab, RFP/BID drop down. 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. 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. Successful bidders shall furnish an approved Performance Bond and a labor and materials Payment Bond, each in the amount of One Hundred percent (100%) of the contract amount. Insurance as required shall be provided by the successful bidder(s) and a Certificate(s) of that insurance shall be provided. No bid may be withdrawn after the scheduled time for the public opening of bids, which is 2:30 p.m. local time,March 6,2012. 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 10th day of February, 2012 Stacy Ulmen, CMC City Clerk, City of Bozeman Published Bozeman, Montana February 19, 2012 February 26, 2012 INSTRUCTIONS TO BIDDERS FOR(1) NEW 2012 LOADER BACKHOE BID DOCUMENTS: The bid documents for the City of Bozeman for one (1)New 2012 Loader Backhoe 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: (1)New 2012 Loader Backhoe 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 equip ment/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(1)New 2012 Loader Backhoe pursuant to the Bid Specifications.It is the intention of the Bid Specifications to provide for and require a complete (1)New 2012 Loader Backhoe 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 (1)New 2012 Loader Backhoe 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. 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 1 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 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 2 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. 3 City of Bozeman, Montana Water/Sewer Department Bid Specifications and Bid Form *Note: your bids must be submitted on this form.* Bid Specifications for one (1) New 2012 Loader Backhoe The loader backhoe described herein shall be new 2012 production and shall be 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. All specification requirements must be met by using the medium duty such as the Caterpillar 420E, Deere 310SJ and Case 580SuperN using the required bucket sizes, tire sizes, standard manufacturer's equipment and standard manufacturers optional equipment. Any changes from Standard features must be shown on the manufacturer's specification sheet that must be included in the bid. No alterations to quoted machine are allowed in order to meet any specifications. The City of Bozeman reserves the right to accept or reject any or all bids for any reason determined to be in the best interest to the City of Bozeman and its staff. Literature on machine and attachments must be included with the bid. Backhoe brand bid must be one that the City of Bozeman has owned or had the opportunity to operate during a demonstration. We will not consider bids of brands we have never owned or operated. Section 1 Engine Four (4) Cylinder, turbocharged, diesel engine and shall be designed and built by the manufacturer Yes No Exceptions Engine shall be certified to current EPA emissions. Yes No Exceptions Engine displacement will be no less than four point zero (4.0) liters (two hundred forty four (244) cubic inch) Yes No Exceptions Engine rated net peak power will be no less than ninety (90) horsepower Yes No Exceptions Daily check points will be accessible from ground level Yes No Exceptions Under-hood engine air cleaner will be dry type, dual element, restriction sensor and in-cab restriction warning light Yes No Exceptions The backhoe will have a coolant block heater and ether start Yes No Exceptions The backhoe will have a tilt hood for easy engine access Yes No Exceptions The backhoe will have an under hood muffler with curved-end exhaust stack Yes No Exceptions Engine shall have a factory installed fuel filter with water separator Yes No Exceptions Section 2 Cooling Engine coolant will be rated to -34 degrees (-37C) Yes No Exceptions Engine coolant will be extended life type. Yes No Exceptions The backhoe will be equipped with a factory installed, oil-to-water engine oil cooler Yes No Exceptions The AC condenser will be swing-out for fast radiator clean-out Yes No Exceptions The back hoe will have factory installed remote mounted transmission and hydraulic coolers for better air exchange and fewer stacked cores. Yes No Exceptions The hydraulic and transmission circuits will have factory installed heat exchangers and increased productivity. Yes No Exceptions Section 3 Power Train The transmission will be powershift with torque converter; clutch-free; fully synchronized four forward, three reverse speeds Yes No Exceptions The axle will be mechanical-front-wheel-drive with traction control limited-slip differential with electric on/off control Yes No Exceptions The clutch engaged Mechanical-Front-Wheel-drive will be engaged on the fly during operation Yes No Exceptions The rear axle will be one hundred percent (100%) hydraulically locking Yes No Exceptions The single electric Forward-Neutral-reverse lever will have gear selection fully integrated in the lever Yes No Exceptions Transmission oil cooler will be provided as standard equipment Yes No Exceptions The backhoe will have hydrostatic power steering with emergency manual mode Yes No Exceptions The machine will have throttle control that will allow the operator to road the machine. Upon engagement of the brake pedal, the engine RPMs return to idle Yes No Exceptions The final drives will be heavy-duty outboard planetary distributing loads over a minimum of three (3) gears sealed in oil bath. Yes No Exceptions The front axle will have remote grease bank for front axle for easy access Yes No Exceptions The rear axle bearings shall be self-lubricating and shall not need to be greased Yes No Exceptions The service brakes shall be inboard, wet-multiple disk, self-adjusting and self equalizing and hydraulically actuated. Yes No Exceptions The parking brake shall be, factory installed, independent of service brakes, Yes No Exceptions Section 4 Hydraulic System The rear backhoe hydraulics unit shall have sixth (6th) function hydraulics: includes fifth (51h) function for cylinder actuated attachments less plumbing, sixth (6th) function included one way hydraulics with plumbing to the dipper and a valve with selectable flow control for a hammer or a compactor. Selectable control valve shall control flow at nine (9), thirteen (13), sixteen (16), eighteen (18), twenty two (22), or twenty five (25) GPM and be adjustable one thousand to three thousand (1000-3000) PSI. Shall be capable of interfacing and operating the Kent KHP 75 vibratory plate compactor. Yes No Exceptions An automatic bucket return-to-dig control will be standard Yes No Exceptions Hydraulic pump shall be capable of operating compactor at full flow without compromising speed of other backhoe controls. Yes No Exceptions Section 5 Electrical The backhoe shall have a twelve (12) volt system. Yes No Exceptions Factory installed dual batteries shall be included, (BCI Group 31 or equivalent.) Yes No Exceptions AGC glass style fuses shall not be allowed. Yes No Exceptions Unit will include minimum of front two (2)-speed wiper and rear one (1)-speed wiper and washers, factory installed. Yes No Exceptions Unit will include factory installed AM/FM/Weather Band radio. Yes No Exceptions An Ecco 6650A rotating beacon will be included on top of cab. Yes No Exceptions Unit will be equipped with ten (10) halogen driving/working lights, four (4) front driving/working; four (4) rear; two (2) side docking lights. The lights will be adjustable, Yes No Exceptions Unit shall be equipped with factory installed front and rear turn signal/flashing and rear stop and tail lights and two rear reflectors. Yes No Exceptions Section 6 Operator Station Unit shall be equipped with factory installed enclosed ROPS/FOPS cab. Yes No Exceptions Unit will not exceed an exterior noise level of eighty five (85) decibels. Yes No Exceptions Unit will not exceed an interior noise level of eighty (80) decibels. Yes No Exceptions Factory installed retractable seat belt shall be provided. Yes No Exceptions Coat hook, operator manual storage compartment, interior rearview mirror and two (2) twelve (12) volt power points shall be provided. Yes No Exceptions Unit shall be equipped with illuminated electronic gauges with audible warning for engine; engine coolant temperature, oil temperature and fuel level Yes No Exceptions The monitoring system will have audible and visual warnings; engine air restriction, low alternator voltage, engine oil pressure and temperature, hydraulic filter restrictions, parking brake on/off, and low brake pressure. The seat belt will have a visual warning Yes No Exceptions The key start switch will have an electric fuel shut-off Yes No Exceptions The backhoe will have a digital monitor for diagnostics (including diagnostic messages and fault code readings), calibrations and machine information Yes No Exceptions Ignition key will be compatible with other equipment of the same manufacture. Yes No Exceptions Unit shall have display for: engine rpm, engine hours, system voltage, and hydraulic oil temperature Yes No Exceptions The unit will have Ride Control Yes No Exceptions The until will have tilt steering wheel with steering wheel knob, tinted safety glass and a sun visor Yes No Exceptions The foot throttle will be suspended Yes No Exceptions The machine will have factory installed heater/defroster/pressurizer and air conditioning. Yes No Exceptions The seat will be air suspension, fabric, swivel, with fully adjustable armrests and lumbar support Yes No Exceptions Section 7 General Specifications Two (2) slow moving vehicle (SMV) emblems shall be attached to rear of machine. Clarify with City of Bozeman for location. Yes No Exceptions Diagnostic fluid sample ports will be included Yes No Exceptions Engine hood, toolbox, hydraulic reservoir, and fuel filler will be lockable Yes No Exceptions A front counterweight will be included for proper balance of the backhoe Yes No Exceptions An easy to read periodic maintenance and grease chart will be posted at eye level prominently displayed on the frame Yes No Exceptions Fluid levels should be easily checked by sight gauges, dipsticks or overflow tank Yes No Exceptions Tires will be 21 L— 24 in. 10 PR (R4) Tubeless Rear &12.5/80— 18 inch 14 PR (1-3) Traction Front Tires Yes No Exceptions Fuel tank capacity shall be able to allow the machine to operate for a minimum of eight (8) hours of operation. Yes No Exceptions Fuel tank will be accessible from ground level Yes No Exceptions Operating weight with front counterweight, one point three (1.3) cubic yard loader bucket and vibratory plate compactor attachment will be approximately seventeen thousand (17,000) pounds Yes No Exceptions Section 8 Frame and Structures The mainframe will be a one (1) piece unitized construction for maximum strength Yes No Exceptions Unit shall have four (4) built-in vehicle tiedowns, two (2) in front and two (2) in rear. Yes No Exceptions Machine will be equipped with an exterior mounted, ground level accessed and lockable storage compartment Yes No Exceptions Optional, replaceable, bolt-on rubber bumpers will be available to protect the grille frame for severe loading applications Yes No Exceptions Section 9 Backhoe The backhoe with standard dipperstick digging depth will be at least fourteen (14) feet Yes No Exceptions The lift capacity at ground level with standard dipperstick will be no less than three thousand (3,000) pounds Yes No Exceptions The lift capacity at full height with standard dipperstick will be no less than three thousand five hundred (3,500) pounds. Yes No Exceptions The swing lock pin will be stored in the operator's station Yes No Exceptions The machine shall be equipped with a Kent KHP 75 vibratory plate compactor, installed and ready for operation with proper fittings, hoses, and linkages to also fit a 1999 John Deere 310SE backhoe . Yes No Exceptions Couplers for compactor shall be Gates flush face design G94921-1212 and G94911-1212 or equivalent. (Exceptions to be approved by City of Bozeman.) Yes No Exceptions Shall have a quick coupler included to work with the vibratory plate compactor Yes No Exceptions The stabilizers shall have reversible street-dirt pads Yes No Exceptions The backhoe boom design will be an hourglass shape for maximum strength and optimized visibility to the work tool Yes No Exceptions Minimum force of the backhoe bucket cylinder will be at least fourteen thousand five hundred (14,500) pounds Yes No Exceptions Minimum digging force of the dipper cylinder will be eight thousand (8000) pounds Yes No Exceptions The backhoe will be equipped with a rubber bumper/linkage style boom locks to keep the backhoe from vibrating on the swing frame Yes No Exceptions Unit shall be equipped with two (2) lever pilot backhoe controls with pattern selector Yes No Exceptions The swing casting will have dual yokes; on top and on the bottom Yes No Exceptions Section 10 Loader Lift capacity with one point three (1.3) cubic yard bucket at full height will be at least seven thousand two hundred fifty (7,250) pounds Yes No Exceptions Dump clearance at forty five (45) degrees will be no less than eight (8) foot ten (10) inches Yes No Exceptions Digging depth below ground, bucket level will be no less than five (5) inches Yes No Exceptions Bucket breakout force will be no less than ten thousand five hundred (10,500) pounds Yes No Exceptions Loader bucket shall be one point three (1.3) cubic yard/ninety two (92) inch heavy duty with skid plates and bolt on reversible cutting edge Yes No Exceptions Loader will have hydraulic self-leveling and bucket-level indicator Yes No Exceptions The loader will have divergent loader arms for excellent visibility to the bucket Yes No Exceptions For truck loading, the loader arms will have a curved-knee design for loading into the center of the truck bed Yes No Exceptions The loader control will be single-level with electric clutch cutoff switch Yes No Exceptions The loader will have a non-removable, hinged loader boom service lock Yes No Exceptions Section 11 Options One (1) set of quality crossbar chains for appropriate tire sizes front and rear Yes No Exceptions Four (4) speed auto shift transmission Yes No Exceptions Section 12 Warranty Five (5) year/five thousand (5000) hour total machine warranty with no charge for travel time or mileage to be completed at a repair facility no more than ten (10) miles from the City of Bozeman Shop Complex. Any major repairs while under warranty must be completed within twenty four (24) hours of ordered repair or there will be a charge of five hundred dollars ($500.00) per day to servicing dealer for down time or a comparable machine must be supplied at no additional cost to the City of Bozeman during down time. Yes No Exceptions Section 13 Service For the successful bidder, all servicing technicians must be trained by the manufacturer they represent, and authorized to work on any machine and attachments sold and delivered to the City of Bozeman for this bid. Yes No Exceptions Section 14 Oil Analysis Scheduled Oil Sampling bottles will be provided upon delivery for all necessary sampling during the warranty period based upon one thousand (1000) hours per year. Yes No Exceptions Section 15 Training A minimum of eight (8) hours operation and safety, and four (4) hours of 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 Section 16 Manuals One (1) service manual, one (1) parts manuals and two (2) extra operator manuals in paper format (hard Back) as used in the manufacturer's repair facilities Yes No Exceptions Successful bidder agrees to allow the City of Bozeman Vehicle Maintenance Department access to any and all on line applications as used by the manufacturers repair facilities. Yes No Exceptions Successful bidder agrees to allow the City of Bozeman Vehicle Maintenance Department access to any and all Computer/PC based trouble shooting/ diagnostic programs as used by the manufacturers repair facilities. Yes No Exceptions Section 17 Delivery The complete unit is F.O.B. City Shops Complex, 814 N Bozeman Ave, Bozeman, Montana. Yes No Exceptions Successful bidder must deliver new backhoe within one hundred twenty (120) days of being awarded the bid or must provide the City of Bozeman with a backhoe that has less than 2000 hrs or is less than 2 years old free of charge until backhoe is delivered. Yes No Exceptions The Bidder agrees to furnish the City of Bozeman one (1) 2012 loader backhoe for the Water Division, meeting or exceeding the specification, or with exceptions, modifications, etc., as noted, F.O.B. City Shops Complex, 814 North Bozeman Avenue, Bozeman, Montana. The City of Bozeman reserves the right to accept or reject any and all bids for any reason determined to be in the best interest to The City of Bozeman and its' staff BID FORM (Purchase Agreement) PROJECT: (1) New 2012 Loader Backhoe 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 1 of 7 1 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 920 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 2 of 7 2 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 3 of 7 3 Telephone 4 FAX 4 (Each Joint Venture must sign. The manner of signing for each individual, partnership and corporation that is a parry to the joint venture should be in the manner indicated above.) Bid Form Page 4 of 7 4 Exhibit 1 Bid Security Attached. Bid Form Page 5 of 7 5 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 6 of 7 6 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 Bid Form Page 7 of 7 7 BID PURCHASE AGREEMENT THIS AGREEMENT is made this day of , 20 , 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: (1) New 2012 Loader Backhoe as shown on the Bid Specifications. TOTAL PRICE: [include price herel 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) days of the receipt of City's order. Delivery will occur at the City of Bozeman's City Shop Purchase Agreement Page 1 of 4 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. 7. CHANGE ORDERS: The City shall have the right to revoke, amend, or modify Purchase Agreement Page 2 of 4 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 (1) New 2012 Loader Backhoe for a minimum of one hundred fifteen thousand dollars ($115,000.000) against all damages during the time the (1)New 2012 Loader Backhoe is in the Seller's possession which time of Seller's possession shall commence the moment the (1) New 2012 Loader Backhoe is picked up from the City of Bozeman by Seller or Seller's agent until the moment the (1) New 2012 Loader Backhoe 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 (1) New 2012 Loader Backhoe , 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. 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. Purchase Agreement Page 3 of 4 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 Purchase Agreement Page 4 of 4 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