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HomeMy WebLinkAboutBid Invite and Spec Documents 2012/2013 4 Wheel Drive Loader 1 City of Bozeman, Montana Street Division CALL FOR BIDS NOTICE IS HEREBY GIVEN that the City of Bozeman, Montana, is accepting sealed bids for: New 2012/2013 4-Wheel Drive Loader Separate sealed bids for a new 2012 or newer 4-Wheel Drive Loader as described in the bid specifications will be received by the City Clerk, City Hall, 121 N. Rouse Avenue, P.O. Box 1230, Bozeman, Montana 59771-1230 until 2:00 p.m., local time, Tuesday, January 29, 2013, and then publicly opened and read aloud. Please write the name of the project: New 2012/2013 4-Wheel Drive Loader on the front of the sealed bid. The physical address is: City Clerk’s Office, Suite 200, (upstairs) City Hall, 121 N. Rouse Avenue, Bozeman, Montana. The mailing address is: City Clerk’s Office, Suite 200, City Hall, P.O. Box 1230, Bozeman, Montana, 59771. Bids must be received before 2:00 p.m. Tuesday, January 29, 2013. Original copies must be submitted – no faxed of electronic bids will be accepted. Bids will be opened and read following the close of bids. Requirements for this project including the Bid Specifications / Bid Form may be obtained at the office of the City Clerk, City Hall, 121 North Rouse, Suite 200, Bozeman, Montana 59771, telephone number (406) 582-2320, by e-mail at agenda@bozeman.net, or interested parties may download the project requirements at www.bozeman.net under the “Business” tab, and the RFP/BID drop down menu. Each bid or proposal must be accompanied by a Certified Check, Cashier's Check, or Bid Bond payable to the City of Bozeman, Montana, in an amount not less than Ten percent (10%) of the total amount of the bid. Any submitting entity under this invitation to bid must sign and return the required affirmation stating that they will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability in the exercise of contract should it be awarded to that entity. Each entity submitting under this notice shall also recognize in writing the eventual contract will contain a provision prohibiting discrimination as described above and this prohibition on discrimination shall apply to the hiring and treatment of the Contractor’s employees and to all subcontracts. No bid may be withdrawn after the scheduled time for the public opening of bids, which is 2:00 p.m. local time, January 29, 2013. 2 The right is reserved to reject any or all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 7th day of January, 2013. Aimee Brunckhorst Deputy City Clerk, City of Bozeman Published Bozeman, Montana January 13, 2013 January 20, 2013 1 INSTRUCTIONS TO BIDDERS FOR (1) NEW 2012/2013 4 WHEEL DRIVE LOADER BID DOCUMENTS: The bid documents for the City of Bozeman for one (1) New 2012/2013 4 Wheel Drive Loader 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 2012/2013 4 Wheel Drive Loader. 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 (1) New 2012/2013 4 Wheel Drive Loader pursuant to the Bid Specifications. It is the intention of the Bid Specifications to provide for and require a complete (1) New 2012/2013 4 Wheel Drive Loader 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 2012/2013 4 Wheel Drive Loader 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 2 Exhibit 1 on the Bid Form. Each Bidder shall expressly covenant in the bid that if the Bidder is awarded the bid, the Bidder will, within thirty (30) days after the bid is awarded, enter into a Purchase Agreement with the City of Bozeman in substantially the same form as shown on the Purchase Agreement. Bid security must be provided in a form specified in §18-1-203, MCA, which includes, but is not limited to, certified check, cashier’s check, bank draft, bid bond, guaranty bond, or surety bond. Bid security through a bid, guaranty or surety bond must be issued by a surety company authorized to do business in the State of Montana. The bid security protects and indemnifies the City against the failure or refusal of the successful Bidder to timely enter into the Purchase Agreement. SIGNATURE OF BIDDERS: Each bid must be signed in ink by the Bidder with the Bidder’s full name and business address or place of residence. If the Bidder is a firm or partnership, the name and residence of each member must be inserted. If the bid is submitted by or in behalf of a corporation, it must be signed in the name of the corporation by a corporate official authorized to bind the corporation and who shall also affix the corporate seal of the corporation to the bid. Any bid by a corporation signed by a person other than a corporate officer must be accompanied by a power of attorney showing that person’s authority to sign for the corporation. ONLY ONE PROPOSAL: No Bidder may submit more than one bid. Two bids under different names will not be received from one firm, partnership, association, or corporation. RESPONSIBILITY OF AGENT: Any person signing a bid as the agent of another, or of others, may be required to submit satisfactory evidence of authority to so sign. TITLE: The position title of any person executing the bid or Agreement shall be clearly indicated beneath the signature. RESPONSIBLE BIDDER: Bidder is not deemed a responsible bidder if Bidder is delinquent in payment of property taxes or special improvement district assessments within the City of Bozeman for at least six (6) months. Any Bidder required by the Bozeman Municipal Code to have a general business license in the City of Bozeman must obtain such license before a bid can be awarded to a bidder. EXAMINATION OF SPECIFICATIONS: Before submitting a bid, each Bidder should examine the Bid Specifications, these Instructions to Bidders, the Bid Form, and the Purchase Agreement thoroughly and become familiar with federal, state, and local laws, ordinances, rules, and regulations that may, in any manner, affect the cost or delivery of the goods. INTERPRETATION OF CONTRACT DOCUMENTS: If any person contemplating submission of a bid for the proposed Purchase Agreement is in doubt as to the true meaning of any part of the specifications, that person may submit a written request to the City for an interpretation thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation of the proposed purchase agreement will be made only by an addendum duly issued and a copy of any such addendum will be mailed or delivered to each person receiving the specifications. TIME OF COMPLETION: The time of delivery of the goods to be purchased is a basic consideration of the contract. It is necessary that each Bidder satisfy the City of the Bidder’s ability to deliver the goods being purchased within the stipulated time. ADDENDA: If applicable, any addenda issued during the time of bidding, or forming a part of the specifications provided to Bidder for the preparation of Bidder’s proposal, shall be covered in the bid and shall be made a part of the Purchase Agreement. Receipt of each addendum shall be acknowledged in the bid. Any bid in which all issued addenda are not acknowledged will be considered incomplete and will not be read. 3 WITHDRAWAL OF BID: No Bidder may withdraw any bid for a period as specified in the Invitation to Bid after the date and hour set for the opening declared herein. Prior to that time, Bidder may withdraw a bid by written request. The request to withdraw a bid must be signed in the same manner and by the same person or persons who signed the bid. ACCEPTANCE AND REJECTION OF BIDS: The City reserves the right to accept or reject the bids in the best interest of the City. The City reserves the right to waive informalities and irregularities in any bid submitted, to reject non-conforming, non-responsive or conditional bids, to correct arithmetic errors without changing unit price, and postpone awarding of the Purchase Agreement for a period not exceeding sixty (60) days. AWARD OF BID: If the bid is to be awarded, City will award the bid to the responsible Bidder whose bid is responsive and conforms to all material terms and conditions of the bidding documents and proposed Purchase Agreement, is lowest in price, is in the best interest of the project, and other factors considered. The award will be based on the lowest responsive cumulative base bid plus any added alternate schedules the City determines to include with the project. If the bid is awarded, the award will be made within the period specified in the Purchase Agreement. The successful Bidder will be notified by letter mailed to the address shown on the bid that the bid has been accepted and that Bidder has been awarded the bid. CANCELLATION OF AWARD: The City reserves the right to cancel the award of any bid at any time before the complete execution of the Purchase Agreement by all parties without any liability against the City. EXECUTION AND APPROVAL OF AGREEMENT: The Purchase Agreement shall be signed by the successful Bidder and returned within the time shown on the bid. If the Purchase Agreement is not executed by the City within fifteen (15) days following receipt from Bidder of the signed Agreement, Bidder has the right to withdraw the bid without penalty. The Purchase Agreement is not effective until it has been fully executed by all of the parties thereto. FAILURE TO EXECUTE AGREEMENT: Failure to execute the Purchase Agreement shall be just cause for annulment of the award. In the event of such annulment, the bid guarantee shall be forfeited to the City, not as a penalty, but as liquidation of damages sustained. Award may then be made to the next lowest responsible and qualified Bidder, or the project may be re-advertised as the City may decide. PAYMENT: Payment for all goods purchased under the Purchase Agreement will be made by the City within the time period specified in and in accordance with the procedures outlined therein. NON-DISCRIMINATION: In accordance with law, each entity submitting a bid shall affirm on the form provided by the City that the Bidder shall not discriminate in the performance of the work called for in the Bid Specifications on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability, with regard to, but not limited to, the following: employment upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, or rendition of services. It is further understood that any vendor who is in violation of this clause shall be barred forthwith from receiving awards of any purchase from the City of Bozeman unless a satisfactory showing is made that discriminatory practices have ceased, and the recurrence of such acts is unlikely. 1 City of Bozeman, Montana Street Division Bid Specifications and Bid Form *Note: your bids must be submitted on this form.* Bid Specifications for one (1) New 2012/2013 4-Wheel Drive Loader The 4-Wheel Drive Loader described herein shall be a new 2012 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. 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. 4-Wheel Drive Loader brand bid must be one that the City of Bozeman has owned or had the opportunity to operate during a four day demonstration. We will not consider bids of brands we have never owned or demonstrated. Section 1 Basic Specifications One hundred forty (140) Horsepower at eighteen hundred (1800) RPM Yes __________ No __________ Exceptions ___________________________________ Maximum machine height to top of ROPS/FOPS of eleven feet six inches (11’ 6”) Yes __________ No __________ Exceptions ___________________________________ Equipped with three (3) CYD bucket with bolt on cutting edges Yes __________ No __________ Exceptions ___________________________________ Minimum bucket clearance at maximum lift, level bucket of eleven feet eight inches (11’ 8”) Yes __________ No __________ Exceptions ___________________________________ Minimum machine bucket pin height of twelve feet nine inches (12’ 9”) Yes __________ No __________ Exceptions ___________________________________ Minimum dump clearance at full lift and forty five (45) degree discharge of nine feet two inches (9’ 2”) Yes __________ No __________ Exceptions ___________________________________ 2 Minimum dig depth of four inches (4”) Yes __________ No __________ Exceptions ___________________________________ Minimum operating weight of twenty seven thousand (27,000) pounds Yes __________ No __________ Exceptions ___________________________________ Section 2 Cab and Operators Station Enclosed cab with ROPS, FOPS Yes __________ No __________ Exceptions ___________________________________ Twelve (12) volt auxiliary power port Yes __________ No __________ Exceptions ___________________________________ Windshield wipers, front and rear, front shall be intermittent Yes __________ No __________ Exceptions ___________________________________ Heater and air conditioning Yes __________ No __________ Exceptions ___________________________________ Storage compartment for operators manual Yes __________ No __________ Exceptions ___________________________________ Periodic maintenance chart posted for operator Yes __________ No __________ Exceptions ___________________________________ AM FM band radio factory mounted in dash Yes __________ No __________ Exceptions ___________________________________ Horn Yes __________ No __________ Exceptions ___________________________________ Instrument gauges and warning lights to include engine, hydraulic, and transmission temperature Yes __________ No __________ Exceptions ___________________________________ 3 Standard OEM exterior and interior colors Yes __________ No __________ Exceptions ___________________________________ Front and rear facing work lights Yes __________ No __________ Exceptions ___________________________________ Hour Meter included in instrumentation Yes __________ No __________ Exceptions ___________________________________ Heated, electrically adjustable mirrors Yes __________ No __________ Exceptions ___________________________________ Auxiliary power provisions include two (2) twelve (12) volt power provisions in cab wired to keyed source, fused to common fuse panel. NO INLINE FUSES, FUSE BUDDIES OR PIGGYBACK FUSES ALLOWED Yes __________ No __________ Exceptions ___________________________________ Front glass shall extend from cab roof to floor for visibility Yes __________ No __________ Exceptions ___________________________________ Factory installed rear view camera system Yes __________ No __________ Exceptions ___________________________________ Fabric, air suspension seat with seat belt; seat shall be adjustable forward and back Yes __________ No __________ Exceptions ___________________________________ Seat belt shall be three inches (3”) wide and retractable Yes __________ No __________ Exceptions ___________________________________ Arm and wrist rests Yes __________ No __________ Exceptions ___________________________________ With control lever to neutral, engine RPM shall change automatically to idle Yes __________ No __________ Exceptions ___________________________________ Steering console shall be adjustable including tilt and telescoping Yes __________ No __________ Exceptions ___________________________________ 4 Door shall be hinged one hundred eighty (180) degrees, latch both open and closed Yes __________ No __________ Exceptions ___________________________________ Door shall be able to be opened and closed from driver’s seat Yes __________ No __________ Exceptions ___________________________________ Joystick shall be seat mounted, operate both tilt and lift functions Yes __________ No __________ Exceptions ___________________________________ Joystick shall integrate forward and reverse direction control switch Yes __________ No __________ Exceptions ___________________________________ Separate Joystick shall have third (3rd) and fourth (4th) function hydraulics Yes __________ No __________ Exceptions ___________________________________ Rear window shall have electric defroster with timer Yes __________ No __________ Exceptions ___________________________________ Interior noise not to exceed OSHA standards Yes __________ No __________ Exceptions ___________________________________ Section 3 Chassis Counter weight shall be standard OEM Yes __________ No __________ Exceptions ___________________________________ Fuel tank shall be standard OEM Yes __________ No __________ Exceptions ___________________________________ Backup Alarm shall be standard OEM Yes __________ No __________ Exceptions ___________________________________ Stop, front and rear turn, and brake lights shall be LED style and protected from impact Yes __________ No __________ Exceptions ___________________________________ Roading fenders shall be standard OEM installed front and rear Yes __________ No __________ Exceptions ___________________________________ 5 Section 4 Articulation Minimum of two (2) steering cylinders Yes __________ No __________ Exceptions ___________________________________ Section 5 Engine Six (6) cylinder inline Yes __________ No __________ Exceptions ___________________________________ Manufactured by the equipment manufacturer Yes __________ No __________ Exceptions ___________________________________ Current United States EPA compliant Yes __________ No __________ Exceptions ___________________________________ Automatic idle engine shutdown Yes __________ No __________ Exceptions ___________________________________ Air-to-air after cooler Yes __________ No __________ Exceptions ___________________________________ Gear driven water pump Yes __________ No __________ Exceptions ___________________________________ Gear driven engine oil pump Yes __________ No __________ Exceptions ___________________________________ Section 6 Fuel System Standard OEM installed water separator Yes __________ No __________ Exceptions ___________________________________ Bio-Diesel compatible Yes __________ No __________ Exceptions ___________________________________ Automatic electric fuel priming pump Yes __________ No __________ Exceptions ___________________________________ 6 Minimum fifty (50) gallon fuel tank Yes __________ No __________ Exceptions ___________________________________ Section 7 Electrical One hundred (100) amp alternator Yes __________ No __________ Exceptions ___________________________________ Fuses shall be standard OEM; NO INLINE FUSES, FUSE BUDDIES OR PIGGYBACK FUSES ALLOWED Yes __________ No __________ Exceptions ___________________________________ All accessory wiring shall be wired to a common fuse panel or power distribution center Yes __________ No __________ Exceptions ___________________________________ Section 8 Cooling System Standard OEM with recovery tank and sight glass Yes __________ No __________ Exceptions ___________________________________ Protection to minus thirty four (-34) degrees Yes __________ No __________ Exceptions ___________________________________ Extend life coolant Yes __________ No __________ Exceptions ___________________________________ One hundred ten (110) Volt coolant block heater Yes __________ No __________ Exceptions ___________________________________ ECU will derate the engine during overheating Yes __________ No __________ Exceptions ___________________________________ Section 9 Transmission Machine shall have a minimum of four (4) forward and three (3) reverse speeds Yes __________ No __________ Exceptions ___________________________________ 7 Forward/neutral/reverse switch on the implement control joy stick Yes __________ No __________ Exceptions ___________________________________ Two (2) brake pedals with an activation switch to allow left brake pedal to switch between a brake neutralizer or brake only function Yes__________ No___________ Exceptions __________________________________ Section 10 Axles Front axle shall be rigidly mounted to front loader frame Yes __________ No __________ Exceptions ___________________________________ Rear axle shall be remote mounted trunion lubrication fitting Yes __________ No __________ Exceptions ___________________________________ Limited slip Yes __________ No __________ Exceptions ___________________________________ Enclosed brakes and final drives Yes __________ No __________ Exceptions ___________________________________ Full axle seal guards Yes __________ No __________ Exceptions ___________________________________ Section 11 Brakes Completely closed and sealed inboard oil immersed disc brakes on front and rear axle Yes __________ No __________ Exceptions ___________________________________ Audible alarm and light to alert operator if brake pressure drops below normal operating parameters Yes __________ No __________ Exceptions ___________________________________ Capable of stopping after loss of engine power Yes __________ No __________ Exceptions ___________________________________ Electronic park brake switch mounted in operator’s station Yes __________ No __________ Exceptions ___________________________________ 8 Spring applied and hydraulically released park brake Yes __________ No __________ Exceptions ___________________________________ Transmission shall be automatically neutralized when park brake is set Yes __________ No __________ Exceptions ___________________________________ Section 12 Wheels Radial tires, L3 tread; minimum 17.5x25 size Yes __________ No __________ Exceptions ___________________________________ Section 13 Hydraulic System Hydraulic – Joy Stick – Pilot Controls Yes __________ No __________ Exceptions ___________________________________ Third (3rd) and fourth (4th) function for use with work tools that require hydraulic power Yes __________ No __________ Exceptions ___________________________________ Third (3rd) and fourth (4th) function shall be adjustable from twenty percent (20%) to one hundred percent (100%) of maximum Yes __________ No __________ Exceptions ___________________________________ Hydraulic couplers shall be of flat face design Yes __________ No __________ Exceptions ___________________________________ Ride control system for smooth roading Yes __________ No __________ Exceptions ___________________________________ Section 14 Loader Linkage Bucket linkage shall be capable of parallel lift Yes __________ No __________ Exceptions ___________________________________ Electro hydraulic coupler Yes __________ No __________ Exceptions ___________________________________ 9 Section 15 Serviceability Oil filters mounted vertically Yes __________ No __________ Exceptions ___________________________________ Air filter will be dual element – dry type Yes __________ No __________ Exceptions ___________________________________ Coolant, transmission, and hydraulics shall have sight gauges Yes __________ No __________ Exceptions ___________________________________ Machine shall have ports to sample engine oil, transmission oil, coolant, and hydraulic systems Yes __________ No __________ Exceptions ___________________________________ Section 16 Illustrative and Technical Data Seller shall submit with bid the complete current illustrative and technical data in the proposed vehicle. Failure to render such data may be considered sufficient reason to declare the bid non-responsive Yes __________ No __________ Exceptions ___________________________________ Section 17 Delivery Prior to delivery the vehicle shall be completely serviced as necessary to assure proper operation and function Yes __________ No __________ Exceptions ___________________________________ Section 18 Manuals and Technical Information The successful bidder shall provide at no cost to the City, the following technical information: A. Maintenance and operation manuals, as used by the manufacturers repair facilities, covering the vehicles and all special equipment, parts and supplies purchased B. Service manuals, as used by the manufacturers repair facilities, covering the vehicles purchased C. Parts manuals, as used by the manufacturers repair facilities, giving service part numbers complete in every detail covering the vehicles 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 ___________________________________ 10 Section 19 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 ___________________________________ The vehicle and related parts that are bid shall be covered by manufacture’s standard warranty. Warranty work shall be done by an authorized dealer at the City of Bozeman Vehicle Maintenance Shop. If machine needs to leave the City Shop see conditions above. Yes __________ No __________ Exceptions ___________________________________ Section 20 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 21 Delivery All Equipment, spare parts and supplies shall be delivered F.O.B. Destination, Delivery charges prepaid and added, to City of Bozeman Vehicle Maintenance Department, 1812 N. Rouse, Bozeman, MT 59715. Yes __________ No __________ Exceptions ___________________________________ Section 22 Designated Contact Name Title Address Address Phone Fax 11 ADDITIONAL OPTIONS The following options shall not be included in the base bid, indicate additional cost in the space provided. All additional options shall be able to be coupled to the model that is bid. OEM Light material bucket for snow and leaves, six (6) yard minimum Yes __________ No __________ Cost __ _________ ________________________ OEM Sixty inch (60”) ballet forks, not bucket mounted Yes __________ No __________ Cost __ _________ ________________________ OEM Material handling Arm Yes __________ No __________ Cost __ _________ ________________________ Henke V-Snow Plow, Model FV, with twelve foot (12’) plow Yes __________ No __________ Cost __ _________ ________________________ Tink™ 720 Leaf Claw Yes __________ No __________ Cost __ _________ ________________________ Maximum Extended Warranty Yes __________ No __________ Cost __ _________ ________________________ Bid Form Page 1 of 7 1 BID FORM (Purchase Agreement) PROJECT: (1) New 2012/2013 4-Wheel Drive Loader THIS BID SUBMITTED TO: Bozeman City Clerk, City of Bozeman, MT, 121 N. Rouse Ave., Bozeman, MT 59715. 1. THE UNDERSIGNED BIDDER proposes and agrees that if this bid is accepted, Bidder will enter into a Purchase Agreement with the City in the form included in the bidding documents and will furnish the goods or product to be purchased by the City within the number of calendar days indicated in the Agreement and in accordance with the other terms and conditions of the bidding documents. 2. Bidder has examined, understands, accepts, and abides by all of the terms and conditions of the Invitation to Bid, Instructions to Bidders, Bid Specifications, and Purchase Agreement. 3. Bidder expressly covenants that if Bidder is awarded the bid, Bidder will, after the bid is awarded and within the time specified in the Request for Bid, enter into a formal Purchase Agreement with City. The bid must be accompanied by Bid Security payable to the City of Bozeman for ten percent (10%) of the total amount of the bid, including alternates, if any. The Bid Security must be in a form specified in §18-1-203, MCA, which includes, but is not limited to, certified check, cashier's check, bank draft, bid bond, guaranty bond, or surety bond. The Bid Security is attached hereto as Exhibit 1. 4. This bid will remain subject to acceptance for sixty (60) days after the bid opening, or for such longer period of time that Bidder may agree to in writing upon request of City. 5. Bidder further represents that this bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; Bidder has not solicited or induced any person, firm, or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other bidder or over City. 6. Bidder certifies that no employee or official of the City or any member of such employee or official’s immediate family has any direct or indirect interest in the pecuniary profits or contracts of the Bidder. 7. Bidder will provide the goods, product, or equipment being purchased by the City in accordance with the Purchase Agreement, for the price stated on the completed Bid Specifications sheet attached hereto as Exhibit 2. 8. Bidder understands that the unit prices shall govern in checking the bid, and should a discrepancy exist in the total estimated price and total amount of unit prices bid as listed on the Bid Sheet after extensions are checked and corrections made, if any, the total amount of unit prices bid as corrected shall be used in awarding the contract. Bid Form Page 2 of 7 2 9. Bidder certifies that Bidder is a responsible bidder. 10. Bidder agrees that the good, product, or equipment to be purchased by City will be delivered and ready for final payment in accordance with the Purchase Agreement. 11. If applicable, Bidder certifies receipt of City’s revisions or additions made subsequent to the advertised proposal, which are specifically acknowledged on Receipt of Addendum, attached hereto as Exhibit 3. 12. Bidder represents that the bid is genuine and not collusive or a sham and that bidder has not colluded, conspired, connived, or agreed, directly or indirectly, with any bidder or person, to put in a sham bid or to refrain from bidding. Bidder further represents that Bidder has not sought by agreement or collusion, directly or indirectly, with any person, to fix the bid price of any other bidder, or to fix any overhead, profit, or cost element of said bid price or that of any other bidder, or to secure any advantage against the City or any person interested in the proposed bid. Bidder affirms that all statements in this bid are true. SUBMITTED on the _____ day of ____________, 20_____. Bidder’s Tax ID # IF BIDDER is: An Individual: (Name typed or printed) By: (SEAL) (Individual’s Signature) Doing business as: Business Address: Telephone # FAX # A Partnership: (Partnership Name) By: (SEAL) (Signature) (Name typed or printed) Business Address: Telephone # FAX # Bid Form Page 3 of 7 3 A Corporation: (SEAL) (Corporation Name) State of Incorporation: Type (General Business, Professional, Service, Limited Liability): By: (Signature of Authorized Representative) Print Name and Title: Attest: (Corporate Seal) (Signature of Secretary) Business Address: Telephone # FAX # Date of Qualification To Do Business Is: A Joint Venture: Each Joint Venture Must Sign Joint Venture Name: (SEAL) (Name) By: (Signature of Joint Venture Partner) Name: (Name, printed or typed) Title: Business Address: Telephone # FAX # A Joint Venture: Each Joint Venture Must Sign Joint Venture Name: (SEAL) (Name) By: (Signature of Joint Venture Partner) Name: (Name, printed or typed) Title: Business Address: Telephone # FAX # Address of Joint Venture for Receipt of Official Communication: Address: Bid Form Page 4 of 7 4 Telephone # FAX # (Each Joint Venture must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above.) Bid Form Page 5 of 7 5 Exhibit 1 Bid Security Attached. Bid Form Page 6 of 7 6 Exhibit 2 Bid Sheet Attach a completed Bid Specification Form. The Bidder must state the Total Bid Price here: Total Bid Price (written out and in dollar amount): Bid Form Page 7 of 7 7 Exhibit 3 Receipt of Addendum (if applicable). Bidder acknowledges receipt of the following addendum of revisions or additions: Addendum Number Date Issued Authorized Signature For Each 1 2 3 4 5 Purchase Agreement Page 1 of 4 BID PURCHASE AGREEMENT THIS AGREEMENT is made this _____ day of _________, 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 2012/2013 4-Wheel Drive Loader 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 (1) New 2012/2013 4-Wheel Drive Loader for a minimum of one hundred fifteen thousand dollars ($115,000.000) against all damages during the time the (1) New 2012/2013 4-Wheel Drive Loader is in the Seller’s possession which time of Seller’s possession shall commence the moment the (1) New 2012/2013 4-Wheel Drive Loader is picked up from the City of Bozeman by Seller or Seller’s agent until the moment the (1) New 2012/2013 4-Wheel Drive Loader 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 2012/2013 4-Wheel Drive Loader , 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 Purchase Agreement Page 4 of 4 written consent of City. 11. ENTIRE AGREEMENT: This Agreement, including its appendices, if any, embodies the entire understanding between the parties relating to the subject matter contained herein. No agent or representative of either party has authority to make any representations, statements, warranties or agreements not herein expressed and all modifications or amendments of this Agreement, including the appendices, must be in writing and signed by an authorized representative of each of the parties hereto. 12. APPLICABILITY: This Agreement and any extensions hereof shall be governed and construed in accordance with the laws of the State of Montana, and the same is binding upon the parties, their heirs, successors, and assigns. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives the day and year first above written. CITY OF BOZEMAN ______________________________________ SELLER (Type Name Above) By___________________________________ By____________________________________ Chris A. Kukulski, City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By____________________________________ Greg Sullivan, City Attorney NON-DISCRIMINATION AFFIRMATION FORM _________________________ [name of entity submitting] hereby affirms it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability in the performance of work performed for the city of Bozeman, if a contract is awarded to it, and also recognizes the eventual contract, if awarded, will contain a provision prohibiting discrimination as described above and that this prohibition shall apply to the hiring and treatment of the _________________________ [name of entity submitting] employees and to all subcontracts it enters into in performance of the agreement with the city of Bozeman. Signature of Bidder: ______________________________ Person authorized to sign on behalf of the bidder