HomeMy WebLinkAboutBid Invite and Specs for 2013 Mini ExcavatorCITY OF BOZEMAN, MONTANA
INVITATION TO BID
NOTICE IS HEREBY GIVEN that the City of Bozeman, Montana, is accepting sealed bids for the:
CITY OF BOZEMAN MINI EXCAVATOR
Sealed bids for structural and component improvements to the City of Bozeman’s Mini Excavator Purchase 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. mountain standard time, Tuesday,
February 5, 2013, and then publicly opened and read aloud.
Please write the name of the project: Mini Excavator 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 2:00 p.m. Tuesday, February 5, 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.
The purchase is detailed in the Instructions to Bidders, Bid Specifications, Bid Form, and
Purchase Agreement. Further requirements for this project including the Instructions to Bidders, Bid Specifications,
Bid Form, and Purchase Agreement 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 interest parties may down the project requirements at www.bozeman.net under the “Business” tab, and the RFP/BID drop down menu. As required by the Instructions to Bidders, any entity submitting a bid under this invitation 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 performance of the work under this invitation should it be awarded to that entity. Each entity submitting under this invitation 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.
Also as required by the Instructions to Bidders, 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.
No bid may be withdrawn after the scheduled time for the public opening of bids, which is 2:00
p.m. local time, 2013.
The City reserves the right to reject any or all bids received, to waive informalities, to postpone
the award for a period of not to exceed Sixty (60) days, and to accept the bid which is in the best
interests of the City.
Dated at Bozeman, Montana, this 17th day of January, 2013
Stacy Ulmen, CMC
City Clerk, City of Bozeman
Published Bozeman, Montana
Sunday, January 20th, 2013 Sunday, January 27th, 2013
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INSTRUCTIONS TO BIDDERS (City of Bozeman Mini Excavator Purchase)
BID DOCUMENTS: The bid documents for the City of Bozeman Mini Excavator Purchase 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: Mini Excavator
Purchase.
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 MINI
EXCAVATOR PURCHASE pursuant to the Bid Specifications. It is the intention of the Bid Specifications to provide for and require a complete MINI EXCAVATOR PURCHASEof 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 MINI EXCAVATOR PURCHASE 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.
City of Bozeman Bid Specifications New 2012/2013 Mini Excavator
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City of Bozeman, Montana
Water/Sewer and Street Division
Bid Specifications and Bid Form
*Note: your bids must be submitted on this form.*
Bid Specifications for one (1) New 2012/2013 Mini Excavator
The mini-excavator described herein shall be a new 2012/2013 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. All specification requirements must be met by using the 10,500-12,000 lb operating
weight class (such as the Caterpillar 305.5, Hitatchi Zaxis 50U-3 and Case CX55B) using the required bucket sizes, standard manufacturer’s equipment and standard manufacturers optional equipment. Any exceptions from requested specifications would require a “No” checkmark. Exception must be listed and explained; additional sheets of paper are acceptable and must be included with the bid form. 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. Mini-
excavator 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 Engine Four (4) cylinder, diesel engine designed and built by the manufacturer
Yes __________ No __________ Exceptions ___________________________________
Engine displacement will be no less than one hundred thirty four (134) cubic inch
Yes __________ No __________ Exceptions ___________________________________
Engine rated net power will be no less than thirty eight (38) 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 ___________________________________
City of Bozeman Bid Specifications New 2012/2013 Mini Excavator
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The mini-excavator will have a coolant block heater and automatic cold weather pre-heat
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 negative thirty four (-34) degrees Fahrenheit (negative thirty seven (-37) degrees Celsius)
Yes __________ No __________ Exceptions ___________________________________
Engine coolant will be extended life type
Yes __________ No __________ Exceptions ___________________________________
Section 3 Power Train
Two (2) speeds will be standard with auto-shifting when travel motors encounter heavier load
Yes __________ No __________ Exceptions ___________________________________ The swing brake shall be automatic and maintenance free
Yes __________ No __________ Exceptions ___________________________________
Section 4 Hydraulic System
The hydraulic system will be closed center load sensing with one variable displacement pump and one fixed gear pump
Yes __________ No __________ Exceptions ___________________________________
The controls shall be hydraulic, pilot operated for boom, arm, bucket, swing, boom-swing swing, blade, travel and auxiliary functions
Yes __________ No __________ Exceptions ___________________________________ The minimum swing speed shall be nine (9) RPM
Yes __________ No __________ Exceptions ___________________________________
The hydraulic oil tank will have an oil level sight gauge
Yes_________ No __________ Exceptions ___________________________________
City of Bozeman Bid Specifications New 2012/2013 Mini Excavator
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A control pattern changer valve will be provided (excavator to backhoe control) and will display the selected pattern
Yes __________ No __________ Exceptions ___________________________________
Auxiliary hydraulics with convenient flat face quick couplers that connect and disconnect under pressure shall be standard which allow for the connection of attachments.
Yes __________ No __________ Exceptions ___________________________________ Section 5 Electrical
The mini-excavator shall have a twelve (12) volt system
Yes __________ No __________ Exceptions ___________________________________
Switches and electrical connectors are sealed from moisture and dirt to help prevent corrosion
Yes __________ No __________ Exceptions ___________________________________ Unit will include a front windshield wiper and washers, factory installed
Yes __________ No __________ Exceptions ___________________________________
Unit will include factory installed AM/FM/Weather Band radio Yes __________ No __________ Exceptions ___________________________________
Unit shall be equipped with halogen work lights front and rear; the lights will be adjustable
Yes __________ No __________ Exceptions ___________________________________
Section 6 Operator Station
Unit shall be equipped with factory installed enclosed ROPS cab Yes __________ No __________ Exceptions ___________________________________
Unit will not exceed an interior noise level of eighty (80) decibels
Yes __________ No __________ Exceptions ___________________________________ A horn will be standard
Yes __________ No __________ Exceptions ___________________________________
Factory installed retractable seat belt shall be provided
Yes __________ No __________ Exceptions ___________________________________
City of Bozeman Bid Specifications New 2012/2013 Mini Excavator
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Coat hook, operator manual storage compartment, rearview mirror and a twelve (12) volt power point shall be provided
Yes __________ No __________ Exceptions ___________________________________
Unit shall be equipped with illuminated electronic gauges with warning for engine; engine coolant temperature, oil temperature and fuel level
Yes __________ No __________ Exceptions ___________________________________ The monitoring system will have warnings; engine air restriction, low alternator voltage, engine
oil pressure and temperature, and hydraulic filter restrictions. The seat belt will have a visual warning
Yes __________ No __________ Exceptions ___________________________________
The mini-excavator 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 machine will have factory installed heater/defroster and air conditioning
Yes __________ No __________ Exceptions ___________________________________
The seat will be fabric, with fully adjustable armrests and lumbar support
Yes __________ No __________ Exceptions ___________________________________
Wrist rests will be standard Yes __________ No __________ Exceptions ___________________________________
Section 7 General Specifications Diagnostic fluid sample ports will be included
Yes __________ No __________ Exceptions ___________________________________
City of Bozeman Bid Specifications New 2012/2013 Mini Excavator
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Engine hood, toolbox, hydraulic reservoir, and fuel filler will be lockable
Yes __________ No __________ Exceptions ___________________________________
A rear counterweight will be supplied to meet digging arm and accessory specifications.
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 ___________________________________
A motion alarm with cancel switch will be standard
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 ___________________________________
Section 8 Frame and Structures
Unit shall have built-in vehicle tie-down hook holes
Yes __________ No __________ Exceptions ___________________________________
Machine will be equipped with an exterior mounted, ground level accessed and lockable storage
compartment
Yes __________ No __________ Exceptions ___________________________________
Section 9 Mini-excavator Unit shall be equipped with two (2) lever pilot mini-excavator controls with backhoe/excavator
pattern selector feature Yes __________ No __________ Exceptions ___________________________________
The mini-excavator digging depth will be at least twelve (12) feet deep
Yes __________ No __________ Exceptions ___________________________________
City of Bozeman Bid Specifications New 2012/2013 Mini Excavator
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A two foot (2’) wide digging bucket will be standard with flat shank teeth
Yes__________ No___________ Exceptions __________________________________
Bucket shall have an additional set of frost teeth
Yes __________ No___________ Exceptions ____________________________________
Unit shall have dozer blade with float function Yes __________ No __________ Exceptions ___________________________________
Mini-excavator shall be equipped with a factory installed and hydraulically operated thumb
Yes __________ No __________ Exceptions ___________________________________
Overall width of mini-excavator shall be no more than six (6) feet eight (8) inches
Yes __________ No __________ Exceptions ___________________________________
Unit shall be equipped with standard rubber tracks
Yes __________ No __________ Exceptions ___________________________________ Section 11 Warranty Five (5) year/five thousand (5000) hour total machine warranty with no charge for travel time or mileage to be repaired 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 12 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 13 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 ___________________________________
City of Bozeman Bid Specifications New 2012/2013 Mini Excavator
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Section 14 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 15 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 16 Delivery The complete unit is F.O.B. City Vehicle Maintenance Complex, 1812 North Rouse, Bozeman,
Montana
Yes __________ No __________ Exceptions ___________________________________
Successful bidder must deliver new mini-excavator within one hundred twenty (120) days of being awarded the bid or must provide the City of Bozeman with a mini-excavator that has less
than two thousand (2000) hours or is less than two (2) years old free of charge until mini-excavator is delivered
Yes __________ No __________ Exceptions ___________________________________ The Bidder agrees to furnish the City of Bozeman one (1) 2012/2013 mini-excavator for the
Water/Sewer and Street Division, meeting or exceeding the specification, or with exceptions, modifications, etc., as noted, F.O.B. City Vehicle Maintenance Complex, 1812 North Rouse
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
Page 1 of 7
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BID FORM (Purchase Agreement)
PROJECT: CITY OF BOZEMAN MINI EXCAVATOR PURCHASE 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
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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:
Mini Excavator 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 one hundred
twenty (120) days of the receipt of City’s order. Delivery will occur at the City of Bozeman’s
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City Shop Complex (814 North Bozeman Ave., Bozeman, MT 59715), or at a place otherwise
selected by City. If delivery of the Property and/or performance of services required under this
Purchase Agreement cannot be made Seller shall promptly notify the City of the earliest possible
date for delivery or performance. Notwithstanding such notice, if Seller for any reason fails to deliver the Property or perform required services within the time specific or to the City’s satisfaction the City may terminate this Purchase Agreement or any part therefore without
liability except or good or services previously provided and accepted. The City’s receipt or
acceptance of any part of a non-conforming delivery or service shall not constitute a waiver of
any claim, right or remedy the City has under this Purchase Agreement or applicable law. Upon delivery and for a reasonable period thereafter, City has the right to inspect the Property to ensure that it meets Bid Specifications as modified by Seller’s responses accepted by City.
If the Property meets the modified Bid Specifications, City shall tender the purchase price
stated above to Seller through the City’s normal claim process. Unless otherwise agreed in writing, payment terms shall be net thirty (30) days from the date of receipt of invoice or acceptance of goods and services by the City, whichever occurs last. Payment will be made to
Seller at the address previously stated unless Seller provides a different address in writing.
Invoices must be mailed to: John Alston, Superintendent of Sewer and Water, PO Box 1230,
Bozeman, MT 59771-1230. 5. NONDISCRIMINATION: Seller will not discriminate in the performance of
this Agreement on the basis of race, color, religion, creed, sex, age, marital status, national
origin, or because of actual or perceived sexual orientation, gender identity or disability and shall
ensure this provision applies to all subcontracts let by the Seller in fulfillment of this Purchase Agreement.
6. DEFAULT/ TERMINATION/ REMEDIES: In the event of Seller’s breach of
this Purchase Agreement, including if Seller fails to deliver the Property as set forth herein or
fails to meet City’s Bid Specifications, City may, at its option, take any or all of the following actions without prejudice to any other rights or remedies available to the City by law: (i) declare
the Seller in default and immediately cancel and rescind this Purchase Agreement; (ii) require
Seller to repair or replace any equipment or materials used in the Property, and upon Seller’s
failure or refusal to do so, repair or replace the same at Seller’s expense; (iii) reject any material
or equipment included in the Property containing defective or nonconforming equipment or material and return for credit or replacement at Seller’s option; or (iv) cancel any outstanding
deliveries and treat such breach by Seller as Seller’s repudiation of this Purchase Agreement.
Thereafter, City may procure substitute property to replace the Property described herein. In
such event, Seller is liable to City for the difference between the price set forth herein and the
price paid by City for the replacement property. Additionally, the City may pursue any other remedy it has at law or in equity.
In the event of the City’s breach hereunder, Seller’s exclusive remedy shall be Seller’s
recovery of the material or equipment or of the Purchase Price or portion of the Purchase Price
payable for equipment and material delivered to the City prior to such breach.
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7. CHANGE ORDERS: The City shall have the right to revoke, amend, or modify
this Purchase Agreement or the equipment or material included in the Bid Specifications at any
time. Seller’s receipt of City’s written change order without response received by the City within 10 (ten) business days or Seller’s shipment or other performance reflecting the change,
whichever occurs first, shall be Seller’s acceptance of the change without any price or other
adjustment.
8. WARRANTY: THE SELLER SHALL WARRANTY THE PROPERTY FOR A MINIMUM OF TWO (2) YEARS AND SHALL ALSO ASSIGN TO THE CITY ALL WARRANTIES FOR ALL COMPONENT PARTS OF THE PROPERTY NOT WARRANTIED BY SELLER. IN ADDITION, THE SELLER AGREES THE
PROPERTY IS COVERED BY IMPLIED WARRANTIES FOR MERCHANTABILITY
AND FITNESS FOR THE PARTICULAR PURPOSE FOR WHICH IT HAS BEEN PURCHASED. IN ADDITION TO ANY OTHER EXPRESSED OR IMPLIED WARRANTIES AND UNLESS OTHERWISE AGREED IN WRITING, SELLER ALSO WARRANTS THAT ALL EQUIPMENT DELIVERED HEREUNDER WILL BE NEW,
SUITABLE FOR USE AS DESCRIBED, OF THE GRADE AND QUALITY SPECIFIED,
FREE FROM ALL DEFECTS IN DESIGN, MATERIAL AND WORKMANSHIP; IN CONFORMITY WITH ALL SPECIFICATIONS FURNISHED; IN COMPLIANCE WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS AND FREE FROM ANY LIENS AND ENCUMBRANCES. THESE
WARRANTIES SHALL NOT BE DEEMED TO EXCLUDE SELLER’S STANDARD
WARRANTIES OR OTHER RIGHTS OR WARRANTIES WHICH THE CITY MAY HAVE OR OBTAIN.
9. 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.
10. 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.
11. 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
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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 MINI EXCAVATOR
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