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HomeMy WebLinkAboutFull Milling Machine Specs and Bid DocumentsCITY OF BOZEMAN, MONTANA CALL FOR BIDS ONE (1) NEW 2015 PRODUCTION OR USED 2014 WITH LESS THAN 250 HOURS ASPHALT MILLING MACHINE NOTICE IS HEREBY GIVEN that the City of Bozeman, Montana, is accepting sealed bids for: ONE (1) NEW 2015 PRODUCTION OR USED 2014 WITH LESS THAN 250 HOURS ASPHALT MILLING MACHINE Sealed bids will be received by the Bozeman City Clerk’s Office, Bozeman, Montana, at the office in City Hall, 121 N. Rouse Avenue, Bozeman, Montana, until 2:00 p.m. local time on Tuesday, December 8, 2015, at which time the bids will be publicly opened at the City Hall before the City Clerk for ONE (1) NEW 2015 PRODUCTION OR USED 2014 WITH LESS THAN 250 HOURS ASPHALT MILLING MACHINE Please write the name of the project on the front of the sealed bid. The physical address is: City Clerk’s Office, Suite 202, (upstairs) City Hall, 121 N. Rouse Avenue, Bozeman, Montana. The mailing address is: City Clerk’s Office, Suite 202, City Hall, P.O. Box 1230, Bozeman, Montana, 59771. Bids must be received before 2:00 p.m. Tuesday, December 8, 2015. Original copies must be submitted – no faxed or electronic bids will be accepted. Bids will be opened and read following the close of bids. Full and detailed specifications on the equipment to be furnished may be obtained at the office of the City Clerk, City Hall, 121 N. Rouse Avenue, Bozeman, Montana 59715, telephone number (406) 582-2320, by email at agenda@bozeman.net or by visiting the City website 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, December 8, 2015. 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 13th day of November, 2015. Stacy Ulmen, CMC City Clerk Legal Ad Published Bozeman, Montana Sunday, November 22, 2015 Sunday, November 29 2015 1 INSTRUCTIONS TO BIDDERS FOR ONE (1) NEW 2015 PRODUCTION OR USED 2014 WITH LESS THAN 250 HOURS ASPHALT MILLING MACHINE BID DOCUMENTS: The bid documents for the City of Bozeman for ONE (1) NEW 2015 PRODUCTION OR USED 2014 WITH LESS THAN 250 HOURS ASPHALT MILLING MACHINE 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 ONE (1) NEW 2015 PRODUCTION OR USED 2014 WITH LESS THAN 250 HOURS ASPHALT MILLING MACHINE 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 ONE (1) NEW 2015 PRODUCTION OR USED 2014 WITH LESS THAN 250 HOURS ASPHALT MILLING MACHINE pursuant to the Bid Specifications. It is the intention of the Bid Specifications to provide for and require complete ONE (1) NEW 2015 PRODUCTION OR USED 2014 WITH LESS THAN 250 HOURS ASPHALT MILLING MACHINE 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 ONE (1) NEW 2015 PRODUCTION OR USED 2014 WITH LESS THAN 250 HOURS ASPHALT MILLING MACHINE 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 2 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 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. 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 3 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 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, MONTANA BID SPECIFICATIONS Bid Specifications and Bid Form Bids must be submitted on this form BID SPECIFIFICATIONS FOR ONE (1) NEW 2015 PRODUCTION OR USED 2014 WITH LESS THAN 250 HOURS ASPHALT MILLING MACHINE The Asphalt Milling Machine described herein shall be a new 2015 production or used 2014 with less than 250 hours and shall be in first class running condition. The used model shall have all new wear components. Machine shall be a front loading asphalt milling machine, mounted on four (4) crawler tracks. 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. The City of Bozeman will be accepting bids for this Asphalt Milling Machine. Section 1: STANDARD EQUIPMENT All standard equipment, whether expressly stated here or not, shall be included Yes____ No____ Exceptions______________________________________________________________ Water cooled, diesel engine, turbo charged two hundred twenty five (225) HP minimum Yes____ No____ Exceptions______________________________________________________________ Folding conveyer Yes____ No____ Exceptions______________________________________________________________ Drum shall be a minimum thirty nine inches to fifty two Inches (39”-52”) Yes____ No____ Exceptions______________________________________________________________ Variable milling depth from zero to twelve point five inches (0-12.5”) Yes____ No____ Exceptions______________________________________________________________ High pressure wash down system Yes____ No____ Exceptions______________________________________________________________ Bid Specifications One (1) New 2015 Production or Used 2014 With Less Than 250 Hours Milling Machine 2 Hydraulically operated canopy Yes____ No____ Exceptions______________________________________________________________ Automatic depth/slope control Yes____ No____ Exceptions______________________________________________________________ Onboard Air Compressor Yes____ No____ Exceptions______________________________________________________________ Section 2: MANUALS The following manuals must be provided: Workshop/Service Manual, Maintenance manual, Operator’s manual, Parts Technical manual, Service Bulletins, Recall Bulletins, Field Service modifications, preferably on CD Yes____ No____ Exceptions______________________________________________________________ Section 3: TRAINING Vendor shall have full parts and service facility within a reasonable distance of the City Shop Complex. During warranty period all parts will be shipped overnight if milling machine is not useable; state distance. Yes____ No____ Exceptions______________________________________________________________ Safety, operation, maintenance and service training will be provided at the City Shop Complex for operators and mechanics within fifteen (15) days of delivery. This will be the same training that is offered to dealership technicians. Training shall be conducted by a qualified trainer. If training cannot be conducted at the Shop Complex then all costs for training at a remote site shall be paid by the successful bidder Yes____ No____ Exception_______________________________________________________________ Section 4: WARRANTY The machine shall be covered by a one year warranty. All warranty work shall be done by the City of Bozeman mechanics with prior authorization and agreement from both parties. Parts for repair are to be shipped no charge to our shops and if parts are to be returned to the manufacturer, all costs will be covered by the manufacturer. Labor for warranty work will be billed at eighty dollars ($80) per hour Yes____ No____ Exception_______________________________________________________________ Bid Specifications One (1) New 2015 Production or Used 2014 With Less Than 250 Hours Milling Machine 3 The engine shall have a one (1) year warranty with the same conditions mentioned above Yes____ No____ Exception_______________________________________________________________ Warranty will begin upon acceptance of unit by the City of Bozeman not upon delivery Yes____ No____ Exception_______________________________________________________________ Section 5: DELIVERY The complete unit F.O.B. City Shops Complex, 814 North Bozeman, Bozeman Montana shall be delivered within one hundred eighty days (180) calendar days after the date of the notice to proceed. The machine shall be completely serviced and ready for use prior to inspection and delivery. Upon delivery of the complete unit, City of Bozeman staff will inspect the complete unit to see if it meets bid specifications. If the city staff finds that it does not meet the specification, it will be taken by the dealer to their facility to correct the deficiencies. Yes____ No____ Exception_______________________________________________________________ Bid Form Page 1 of 7 BID FORM (Purchase Agreement) ONE (1) NEW 2015 PRODUCTION OR USED 2014 WITH LESS THAN 250 HOURS ASPHALT MILLING MACHINE 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. Bid Form Page 2 of 7 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. 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 # Bid Form Page 3 of 7 A Partnership: (Partnership Name) By: (SEAL) (Signature) (Name typed or printed) Business Address: Telephone # FAX # 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: Bid Form Page 4 of 7 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: 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 Exhibit 1 Bid Security Attached. Bid Form Page 6 of 7 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 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 Asphalt Milling Machine Purchase Agreement Page 1 of 4 BID PURCHASE AGREEMENT THIS AGREEMENT is made this _____ day of ______________, 201_, 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 Bid Specifications for ONE (1) NEW 2015 PRODUCTION OR USED 2014 WITH LESS THAN 250 HOURS ASPHALT MILLING MACHINE from the Seller 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 is ONE (1) NEW 2015 PRODUCTION OR USED 2014 WITH LESS THAN 250 HOURS ASPHALT MILLING MACHINE. TOTAL PRICE (including shipping): _____________________ 2. SPECIFICATIONS: The Seller agrees that all material and workmanship in and upon this Property complies with Addendum A as accepted by the City. Unless otherwise agreed to by the City, the items listed in Addendum A and Section 1 of this agreement, govern in the event of inconsistencies with the Seller’s response to the same. 3. PRICE: The City agrees to pay $___________________ (written out and in dollar amount (________________________________________________________________) as the purchase price. All prices include 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. Asphalt Milling Machine Purchase Agreement Page 2 of 4 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 delivery to the City in a fully operational status and all accessories properly installed no later than ______________________. Delivery will occur at the Vehicle Maintenance Shop, 1812 North Rouse Avenue, 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 for 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 Specifications as modified by Seller’s responses which have been accepted by City. If the Property meets the Specifications, City shall tender the purchase price stated above to Seller through the City’s normal claim process. Unless otherwise agreed to in writing, payment terms shall be net thirty (30) days from the date of receipt of invoice or acceptance and delivery 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 City of Bozeman, Attn: Kevin Handelin at P.O. Box 1230, Bozeman, MT 59711-1230. 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 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 Asphalt Milling Machine Purchase Agreement Page 3 of 4 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 this Purchase Agreement or the equipment or material included in the Quotation 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 INCLUDING ALL COMPONENT PARTS IN ACCORDANCE WITH WARRANTY SPECIFICS LISTED IN ADDENDUM B AND SHALL 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 Property for a minimum of the purchase price against all damages during the delivery period per the Specifications. In addition to and independent from the above, during the delivery period Seller shall defend, indemnify, and hold the City, its officers, employees, and agents 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. This provision shall survive delivery and acceptance by the city of the Property. 10. ASSIGNMENT: Seller may not delegate, subcontract, or assign any duties and Asphalt Milling Machine Purchase Agreement Page 4 of 4 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, venue shall be in the Eighteen Judicial District, Gallatin County 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 By___________________________ Date: ____ By___________________________ Date: ___ 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