HomeMy WebLinkAboutBid 2015 Dump Truck - Affirmation Form NON-DISCRIMINATION AFFIRMATION FORM
- �4 [name ofentity submitting]hereby affirms it will not discriminate
on the basis of race, col Kr,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
21—6m4 T� d.,C—a7 [name of entity submitting] employees and to all subcontracts it
enters into in performance of the agreement wit 7rson
eman.
Signature of Bidde .
zed to sign on Xheh.1ff the bidder
BID PURCHASE AGREEMENT
THIS AGREEMENT is made this day of --J'&& , 2014, 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
7,r.I E4_ with a mailing address of P0./3� 12g8 >/G:�s;�2r S9/o3
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:
One(1)New Current Model Year 2015 or newer Dump Truck with Plow and Sander
TOTAL PRICE: $
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 payVsA.- nihC Dollars
($//'�',�9g5 ) 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)
Purchase Agreement
Pagel of 4
days of the receipt of City's order. Delivery will occur at the City of Bozeman's 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/TERAHNATION/ 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.
Purchase Agreement
Page 2 of 4
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 SeIler'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 One(1)New Current
Model Year 2015 or newer Dump Truck with Plow and Sander for a minimum of one hundred fifteen
thousand dollars($115,000.000) against all damages during the time the one(1)New Current
Model Year 2015 or newer Dump Truck with Plow and Sander is in the Seller's possession which time
of Seller's possession shall commence the moment the One(1)New Current Model Year 2015 or
newer Dump Truck with Plow and Sander is picked up from the City of Bozeman by Seller or
Seller's agent until the moment the One(1)New Current Model Year 2015 or newer Dump Truck with
Plow and sander 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 One(1)New Current Model Year 2015 or newer Dump Truck
with Plow and Sander.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.
Purchase Agreement
Page 3 of 4
10. ASSIGNMENT: Seller may not delegate, subcontract, or assign any duties and
services or assign any rights or claims under this Purchase Agreement without the express
written consent of City.
11. ENTIRE AGREEMENT: This Agreement, including its appendices, if any,
embodies the entire understanding between the parties relating to the subject matter contained
herein. No agent or representative of either party has authority to make any representations,
statements, warranties or agreements not herein expressed and all modifications or amendments
of this Agreement, including the appendices, must be in writing and signed by an authorized
representative of each of the parties hereto.
12. APPLICABILITY: This Agreement and any extensions hereof shall be
governed and construed in accordance with the laws of the State of Montana, and the same is
binding upon the parties,their heirs, successors,and assigns.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by
their duly authorized representatives the day and year first above written.
CITY OF BOZEMAN
SELLER(Type Name Above)
By By
Chris A.Kukulski,City Manager Print Name:
Print Title:
APPROVED AS TO FORM:
By
Greg Sullivan,City Attorney
Purchase Agreement
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