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INSTRUCTIONS TO BIDDERS (City of Bozeman Storm Sewer TV Van Retro Fit)
BID DOCUMENTS: The bid documents for the City of Bozeman Storm Sewer TV Van Retro Fit project 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 1230 Bozeman, Montana 59771, or physically delivered to the address on
the Invitation to Bid and endorsed on the outside of the envelope with the words: STORM SEWER TV
VAN RETRO FIT.
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 completed STORM SEWER
TV VAN RETROFIT pursuant to the Bid Specifications. It is the intention of the Bid Specifications to provide for and require a complete STORM SEWER TV VAN RETROFIT 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 STORM SEWER TV VAN RETROFIT 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
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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
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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.
Bid Specifications
Storm Sewer TV Van Retro-Fit
City of Bozeman, Montana
The City of Bozeman’s Water and Sewer Division desires to
retrofit its 2001 Ford E-350 TV Van currently equipped with
specialized close circuit television video equipment from Cues,
Inc. The van is a walk through, front to rear, cube style van that
contains specialized equipment to inspect sewer lines. The city
intends to replace many of the systems electronics, adding a
camera, transporter, and various mechanical components. The
rear of the box will be re-worked for a new cargo. All new
equipment must be compatible with the City’s existing Cues,
Inc. equipment without adapter cables. The project is referred to
as the STORM SEWER TV VAN.
Each Bidder must return a signed Bid Form incorporating in
Exhibit 2 each line item of equipment or required service shown
in the Bid Specifications and shall indicate on Exhibit 2 of the
Bid Form whether the Bidder can provide the equipment 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.
The equipment requirements for the Storm Sewer TV VAN
are as follows:
1 REMOVE INTERIOR AND EXISTING EQUIPMENT ` Yes __ No __ Options_______
1 TV HIGH CUBE VAN EXTERIOR LIGHTING & CONTROL ROOM TO INCLUDE:
2 Adjustable Floodlights Rear of Vehicle Area Illumination Control Room Interior: 1 Lonseal Lonplate Flooring 1 Kemlite Wall & Ceiling Covering 1 Bulkhead Wall With Passage Door From Control Room to Equipment Room
1 "Safety Plus Visual" Viewing Window in Bulkhead Wall 1 Above Desk Control Console with Rack Mount for Electronic Equipment 1 Desktop / Work Area
1 110-Volt Fluorescent Light Fixture 1 Electrical Outlet with Dual Receptacles 1 Fire Extinguisher with Bracket, 10BC Rating 2 Operators Chair, Swivel With Casters 1 12-Volt Courtesy Light
Yes __ No __ Options_______
1 ROOF TOP AIR CONDITIONER, 13,500 BTU WITH HEAT STRIP
Yes __ No __ Options_______
1 SMALL STORAGE CABINET UNDER CONTROL ROOM DESKTOP Yes __ No __ Options_______
1 TV HI-CUBE VAN EQUIPMENT ROOM INTERIOR TO INCLUDE: 1 Kemlite Wall & Ceiling Covering 1 Climate Controlled Breaker Box/Electronics Storage Area with Locking Positive
Latches 1 Electrical Outlet with Dual Receptacles 1 110-Volt Fluorescent Light Fixture 1 12-Volt Courtesy Light with 15 Minute Timer Located at Rear Door Area
Yes __ No __ Options_______
1 ALUMINUM TREADPLATE FLOORING IN EQUIPMENT ROOM Yes __ No __ Options_______
1 10-GALLON WASHDOWN SYSTEM TO INCLUDE: 1 10-Gallon Fresh Water Tank 1 Electric Water Pump 1 Retractable Hose Reel with 25' (7.62m) Water Hose and Nozzle Yes __ No __ Options_______
1 UPPER AND LOWER STORAGE CABINET IN EQUIPMENT ROOM 1 Lower Cabinet / Work Top with Sink and Faucet 1 Small Upper Wall Mounted Storage Cabinet Yes __ No __ Options_______
1 ADDITIONAL LIGHT AND OUTLET 1 Fluorescent Light and Fixture Mounted Above Work Top 1 Dual Receptacle Outlet Above Work Top Yes __ No __ Options_______
1 [RACK MOUNT] COMPUTER W/DATA COLLECTION SOFTWARE 1 Motherboard with 1155 Socket and Intel P67 Chipset 1 Intel Core i7-2600K Sandy Bridge 3.4 GHz Processor 1 Eight (8) GB of DDR3 (Double Data Rate) 1600 RAM
1 USB Video Capture Device for MPEG 1 / 2 / 4 / WMV 1 Video Graphics Card, Supporting up to 512MB, 16x PCI-Express 2 LAN, On Board Network Connections, 10 / 100 / 1000 Mbps 8 USB 2.0 Ports ( 6 on Rear, 2 on Front) 2 USB 3.0 Ports (2 on Rear) 2 RS232 Serial Ports 1 Bluetooth v2.1 + EDR 1 On Board Sound 1 DVD + / - RW DVD Burner 20x / CD - RW 40x Internal 1 120 GB (7,200 RPM) SATA Hard Drive 1 64 GB Solid State Drive, SATA2
1 650 Watt ATX Power Supply 1 Industrial Hardened Case with: 1 Air Filtering, Vibration Dampening Hard Drive Mounts 1 Peripheral Cards Support Bar
1 19" (482.6mm) Rack
1 Windows 7 Professional 64-bit Operating System
1 Granite XP Inspection Edition Version 4.x Software
1 User Guide - Hard Copy 1 User Guide - CD 1 System Recovery Disk Yes __ No __ Options_______
2 19"(MIN) MULTIMEDIA LCD MONITOR (Front) Yes __ No __ Options_______
1 19" MULTIMEDIA LCD MONITOR(Rear) 1 Video Monitor 19" LCD Flatscreen 1 Cable Assembly - Video Monitor to Monitor in Control Room 1 Monitor Mount Bracket 1 Outlet
Yes __ No __ Options________
1 CUES- PCU ASSEMBLY [RACK MOUNT]
Yes __ No __ Options_______
1 CUES- CCU ASSEMBLY [RACK MOUNT] 1 Alpha Numeric Information Display, with Multi Paging and Defect Coding 1 Remote "QWERTY" Keyboard for Data Entry 1 On Screen Footage Display
1 WRC and PACP Codes Yes __ No __Options________
1 CUES- TEST CABLE Yes __ No __ Options________
1 WIRED USB CONTROLLER 1 Joystick Control for Pan and Tilt Zoom Camera to Include:
1 360 Degree Rotate 1 330 Degree Optical Pan 1 Joystick Control for All Steering Functions & Forward / Reverse Directions for Transporter 1 Camera Lift Control for Optional Electronic Camera Lift
1 All Other Controls for Camera to Include: 1 Camera Iris and Focus Override & Zoom 1 Camera Lights & Shutter Control for Light Enhancement 1 Camera Diagnostics & Auto Home
1 Cruise Control to Set Speed of the Transporter for Hands Off Operation 1 All Reel Controls to Include: Retrieve, Release, and Variable Speed [Excluding Dolly Systems] Yes __ No __ Options________
1 WIRELESS CONTROLLER
1 Joystick Control for Pan and Tilt Zoom Camera to Include: 1 360 Degree Rotate
1 330 Degree Optical Pan 1 Joystick Control for All Steering Functions & Forward / Reverse Directions for Transporter 1 Camera Lift Control for Optional Electronic Camera Lift 1 All Other Controls for Camera to Include:
1 Camera Iris and Focus Override & Zoom 1 Camera Lights & Shutter Control for Light Enhancement 1 Camera Diagnostics & Auto Home 1 Cruise Control to Set Speed of the Transporter for Hands Off Operation
1 All Reel Controls to Include: Retrieve, Release, and Variable Speed [Excluding Dolly Systems] Yes __ No __ Options________
1 CUES OZ III P&T ZOOM M/C BUILT-IN SONDE CAMERA #MZ300-2 1 Solid State Color Sewer TV Camera 1 Pan & Rotate Camera Head, 40:1 Zoom Ratio, 10x Optical Zoom, 4x Digital Zoom 1 NTSC Color Standard with 4x Light Integration
1 Camera Lighting System, Built In for 6" Relined thru 48" Pipe 1 Camera Transportation and Storage Case Yes __ No __ Options________
1 STEERABLE CAMERA TRANSPORTER, WHEELED
1 Steerable Unit Designed to Turn 360 Degrees Within Its Own Radius 1 Two (2) Speed Transmission to Maximize Torque in Large Diameter Pipe 1 Unit Shall Have Forward, Free Wheel, and Power Reverse 1 Set of Six (6) Driven Rubber Wheels to Inspect 8" Pipe
1 All Six (6) Wheel Drive Transporter Assembly to Include: 1 Motor & Enclosed Drive Train 1 Tip Up Rear 12-Pin Connector 1 Transporter Control Unit
Yes __ No __ Options________
1 SET OF 8” STEEL WHEELS(10-12 Grit)
Yes __ No __ Options________
1 SET OF 10”-15” STEEL WHEELS(10-12 Grit)
Yes __ No __ Options________
4 KNOBBY TIRE 18" - 60"
Yes __ No __ Options________
1 ON-BOARD AC POWER SYSTEM, DYNAMIC INVERTER, 6.3KW
Yes __ No __ Options___
1 LIGHTHEAD,HPL 10+,TRI-LIGHT,PR LIFT
Yes __ No __ Options___
1 PAN/TILT III ADAPTER TUBE KIT FOR PR,SPR,ELECTRIC LIFT, EXT LGHT,GLD AND INTERFACE CABLE
Yes __ No __ Options___ 1 1000' CABLE ASSEMBLY, M/C 12PIN METAL 1 1000' Gold Multi Conductor Kevlar Fiber Armored Combination TV Transmission / Tow Cable
1 .450 Diameter 1 Metal Splice Chamber with Pigtail 1 Cable Strain Relief
Yes __ No __ Options________
1 CUES TV REEL ASSEMBLY, MECHANICAL FOOTAGE FOR SUMMIT .450 CABLE W/AUTO PAYOUT 1 Black Thermoplastic Powder Coated Frame 1 Power Level Wind & Multi Ratio Manual Transmission
1 Automatic Cable Payout System 1 Footage Meter with Local Counter and Remote Electronic Counter 1 Transmission Control at Viewing Station
1 Local Reel Mount Electrical and Mechanical Control 1 Sealed Continuous Contact Collector Assembly 1 Removable Drip Pan for Cleaning Yes __ No __ Options________
1 ELECTRIC CAMERA LIFT FOR LARGE PIPE STEERABLE TRANSPORTERS
Yes __ No __ Options________
1 8.7" MINI KEYBOARD
Yes __ No __ Options________ 1 HP OFFICEJET 6000 COLOR PRINTER Yes __ No __ Options________
1 WIRELESS COMPUTER KEYBOARD & MOUSE Yes __ No __ Options________
1 PACP MODULE SOFTWARE Yes __ No __ Options________
1 ENHANCED SUPPORT PLAN FOR SOFTWARE
Yes __ No __ Options________
1 MANHOLE TOPROLLER ASSEMBLY, TV ONLY
Yes __ No __ Options________
6 RETRIEVAL/DOWNHOLE POLE ASSEMBLY
Yes __ No __ Options________
1 RETRIEVAL HOOK
Yes __ No __ Options________
1 STELLAR MODEL EC2000-P PEDISTAL CRANE(UNINSTALLED)
1 With base plate and wire installed. Yes __ No __ Options________
1 MULTI CONDUCTOR TV ONLY TOOL KIT 1 Milliampmeter Tool 1 Electrical Tape 1 Needle Nose Pliers 1 Six-In-One Screwdriver
1 6" Adjustable Wrench 1 Anti Seize Grease 1 9-Piece Allen Wrench kit 1 Solder Iron Kit
1 Industrial Pliers 1 5/32 T-Handle Hex Wrench 1 Multi Conductor TV Only Operation Manual 1 Parts Catalog
1 Cable Repair Kit DVD 1 TV Only Training DVD
Yes __ No __ Options________
1 SET OF OPERATING AND PARTS MANUALS
FOR NEW EQUIPMENT Yes __ No __ Options________
1 INSTALLATION OF NEW COMPONENTS Yes __ No __ Options________ 1 DELIVERY TO RETROFIT FACILITY (VEHICLE INSURED- $250,000) Yes __ No __ Options________ 1 DELIVERY TO BOZEMAN,MONTANA (VEHICLE INSURED-$250,000) Yes __ No __ Options________
1 TWO DAYS ON SITE TRAINING
Yes __ No __ Options________ 1 BIDDER SHALL STATE DELIVERY TIME AFTER RECEIPT OF ORDER
Yes __ No __ Options________
Bid Form
Page 1 of 7
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BID FORM (Purchase Agreement)
PROJECT: CITY OF BOZEMAN STORM SEWER TV VAN RETRO FIT THIS BID SUBMITTED TO:
Bozeman City Clerk, City of Bozeman, MT, 121 N. Rouse Ave., Bozeman, MT 59715.
1. THE UNDERSIGNED BIDDER proposes and agrees that if this bid is accepted, Bidder will enter into a Purchase Agreement with the City in the form included in the bidding
documents and will furnish the goods or product to be purchased by the City within the
number of calendar days indicated in the Agreement and in accordance with the other
terms and conditions of the bidding documents. 2. Bidder has examined, understands, accepts, and abides by all of the terms and conditions
of the Invitation to Bid, Instructions to Bidders, Bid Specifications, and Purchase
Agreement.
3. Bidder expressly covenants that if Bidder is awarded the bid, Bidder will, after the bid is awarded and within the time specified in the Request for Bid, enter into a formal
Purchase Agreement with City. The bid must be accompanied by Bid Security payable to
the City of Bozeman for ten percent (10%) of the total amount of the bid, including
alternates, if any. The Bid Security must be in a form specified in §18-1-203, MCA, which includes, but is not limited to, certified check, cashier's check, bank draft, bid bond, guaranty bond, or surety bond. The Bid Security is attached hereto as Exhibit 1.
4. This bid will remain subject to acceptance for sixty (60) days after the bid opening, or for
such longer period of time that Bidder may agree to in writing upon request of City. 5. Bidder further represents that this bid is genuine and not made in the interest of or on
behalf of any undisclosed individual or entity and is not submitted in conformity with any
agreement or rules of any group, association, organization, or corporation; Bidder has not
solicited or induced any person, firm, or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other bidder or over City.
6. Bidder certifies that no employee or official of the City or any member of such employee
or official’s immediate family has any direct or indirect interest in the pecuniary profits or contracts of the Bidder. 7. Bidder will provide the goods, product, or equipment being purchased by the City in
accordance with the Purchase Agreement, for the price stated on the completed Bid
Specifications sheet attached hereto as Exhibit 2. 8. Bidder understands that the unit prices shall govern in checking the bid, and should a
discrepancy exist in the total estimated price and total amount of unit prices bid as listed
on the Bid Sheet after extensions are checked and corrections made, if any, the total
amount of unit prices bid as corrected shall be used in awarding the contract.
Bid Form
Page 2 of 7
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9. Bidder certifies that Bidder is a responsible bidder.
10. Bidder agrees that the good, product, or equipment to be purchased by City will be delivered and ready for final payment in accordance with the Purchase Agreement.
11. If applicable, Bidder certifies receipt of City’s revisions or additions made subsequent to
the advertised proposal, which are specifically acknowledged on Receipt of Addendum,
attached hereto as Exhibit 3.
12. Bidder represents that the bid is genuine and not collusive or a sham and that bidder has
not colluded, conspired, connived, or agreed, directly or indirectly, with any bidder or
person, to put in a sham bid or to refrain from bidding. Bidder further represents that
Bidder has not sought by agreement or collusion, directly or indirectly, with any person, to fix the bid price of any other bidder, or to fix any overhead, profit, or cost element of
said bid price or that of any other bidder, or to secure any advantage against the City or
any person interested in the proposed bid. Bidder affirms that all statements in this bid
are true.
SUBMITTED on the _____ day of ____________, 20_____.
Bidder’s Tax ID #
IF BIDDER is:
An Individual: (Name typed or printed) By: (SEAL) (Individual’s Signature) Doing business as:
Business Address:
Telephone # FAX #
A Partnership: (Partnership Name) By: (SEAL) (Signature) (Name typed or printed)
Business Address: Telephone # FAX #
Bid Form
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A Corporation: (SEAL)
(Corporation Name)
State of Incorporation:
Type (General Business, Professional, Service, Limited Liability):
By:
(Signature of Authorized Representative) Print Name and Title:
Attest: (Corporate Seal)
(Signature of Secretary) Business Address:
Telephone # FAX #
Date of Qualification To Do Business Is:
A Joint Venture: Each Joint Venture Must Sign
Joint Venture Name: (SEAL)
(Name) By:
(Signature of Joint Venture Partner)
Name:
(Name, printed or typed) Title:
Business Address:
Telephone # FAX #
A Joint Venture: Each Joint Venture Must Sign
Joint Venture Name: (SEAL)
(Name) By:
(Signature of Joint Venture Partner)
Name:
(Name, printed or typed) Title:
Business Address: Telephone # FAX #
Address of Joint Venture for Receipt of Official Communication:
Address:
Bid Form
Page 4 of 7
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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
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Exhibit 1
Bid Security
Attached.
Bid Form
Page 6 of 7
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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
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Exhibit 3
Receipt of Addendum (if applicable).
Bidder acknowledges receipt of the following addendum of revisions or additions:
Addendum Number Date Issued Authorized Signature For Each
1
2
3
4
5
Purchase Agreement Page 1 of 4
BID PURCHASE AGREEMENT
THIS AGREEMENT is made this _____ day of _________, 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:
SEWER TV VAN RETROFIT as shown on the Bid Specifications. TOTAL PRICE: [include price here]
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 2 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 3 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 City’s Sewer
TV Van and the Property for a minimum of two hundred fifty thousand dollars ($250,000.000)
against all damages during the time the City’s Storm Sewer TV Van and Property is in the
Seller’s possession which time of Seller’s possession shall commence the moment the City’s
Sewer TV Van is picked up from the City of Bozeman by Seller or Seller’s agent until the moment the City’s Storm Sewer TV Van and Property 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 City’s Sewer TV
Van, 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.
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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
CITY OF BOZEMAN STORM SEWER TV VAN RETRO FIT
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