Aerial Lift Forestry Truck Invitation to BidSPECIFICATIONS AND BIDDING DOCUMENTS
Aerial Lift Forestry Truck
Parks & Recreation Department
August 2020
Name of Bidder
Address
Telephone Number
CR1' OF
KALISPELL
Title
TABLE OF CONTENTS
CITY OF KALISPELL
Aerial Lift Forestry Truck
Number of Pages
Table of Contents (This Page)........................................................................1
Preliminary Timetable....................................................................................
2
00100 Invitation for Bids................................................................................
3
00150 Information for Bidders.......................................................................
4
00300 Bid Conditions.....................................................................................
5
00310 Equipment Specifications ....................................................................
9
00400 References............................................................................................13
00500 Agreement............................................................................................14
PRELIMINARY TIMETABLE
AUGUST 23, 2020 PUBLISH ADVERTISEMENT FOR BIDS
AUGUST 30, 2020 PUBLISH ADVERTISEMENT FOR BIDS
SEPTEMBER 10, 2020 OPEN BIDS — 2:00 PM
SEPTEMBER 21, 2020 CITY COUNCIL AWARD BID
SEPTEMBER 22, 2020 ISSUE NOTICE OF AWARD
SEPTEMBER 25, 2020 AGREEMENT SIGNED
OCTOBER 26, 2020 EQUIPMENT DELIVERY
Aerial Lift Forestry Truck with Chip Box Preliminary Timetable
SECTION 00100
INVITATION FOR BIDS
The City of Kalispell, Montana will receive sealed bids for an Aerial Lift Forestry Truck to meet
or exceed the minimum specifications on file in the office of Department of Parks and
Recreation, 306 1" Ave East, Kalispell, Montana. The City will purchase up to one (1) truck
based on the information and pricing provided.
Bidding documents may be examined at the City of Kalispell clerk's office, 201 First Avenue East,
City Hall, Kalispell, Montana 59901 or online at https://www.kalispell.com/bids.aspx.
Sealed bids with the title "Forestry Truck" will be received by the City Clerk's Office at 201 First
Avenue East (PO Box 1997) Kalispell, MT 59903 until 2:00 PM, local time on Thursday,
September 10, 2020. All bids will then be publicly opened and read aloud in the Main Level, City
Hall Conference Room, 201 First Avenue East, Kalispell, Montana 59901.
All bidders shall, as bid security, accompany the bid with: 1) lawful currency of the United States
or a cashier's check; or 2) a certified check or bank money order drawn and issued by a national
bank located in Montana or by a banking corporation incorporated in Montana; or 3) a bid bond
or bonds, executed by a surety corporation authorized to do business in Montana. The bid security
shall be in the amount of ten percent (10%) of the total amount bid. Any such bank instrument
shall be payable to the City of Kalispell. If a contract is awarded, the bidder whose bond is accepted
and who shall thereafter refuse to enter into and execute the proposed contract, or as stated in the
covenant, shall absolutely forfeit such moneys or bank instruments to the City, and become
immediately liable on said bid bond in said sum. The bid security shall be returned to the
unsuccessful bidders.
All bids must expressly covenant that if the bidder is awarded the contract, the bidder shall within
fifteen (15) calendar days of the acceptance of said bid by the City Council, enter into a contract
and give good and sufficient bond to secure the performance of the terms and conditions of the
contract. In the event the successful bidder does not enter into a formal contract within fifteen (15)
calendar days or give sufficient bond to secure performance, the bidder shall pay unto the City the
difference between the amount of the bid of said bidder and the amount for which the City legally
contracts with another party to perform said work if the latter amount is more than the former. The
Performance Bond shall remain in effect until the date the City of Kalispell accepts the Aerial Lift
Forestry Truck with Chip Box. The Payment Bond shall remain in effect for ninety (90) days,
beginning the date the City of Kalispell accepts the Aerial Lift Forestry Truck with Chip Box.
Performance and Payment Bonds shall be for 100% of the total contract price.
No bid shall be withdrawn after the opening of bids without the consent of the City Council for a
period of sixty (60) days after the scheduled time of receiving the bids.
The City will accept the lowest responsible bid, but the Council reserves the right to reject any and
all bids or to waive any technicality or informality and accept any bid which may be deemed in
the best interest of the City.
Aerial Lift Forestry Truck with Chip Box 00100-1 Invitations For Bids
The successful bidder shall be required to abide by Federal and State Laws.
Authorized by order of the City Council of the City of Kalispell, Montana, in a regular meeting
held on August 19, 2020.
City of Kalispell
Aimee Brunckhorst, CMC
City Clerk
Publish: August 23, 2020
August 30, 2020
Aerial Lift Forestry Truck with Chip Box 00100-2 Invitations For Bids
SECTION 00150
INFORMATION FOR BIDDERS
The City of Kalispell is soliciting bids for a new Aerial Lift Forestry Truck. The equipment bid
must be complete and ready for immediate operation at delivery. The City will purchase the
equipment based on the information and pricing provided with the bids.
The cost of all equipment and components not specifically required by these Specifications and
Bidding Documents but which are required for the complete and operational system offered, shall
be included with the unit and be represented in the final bid price of the bidder. All manufacturer's
standard equipment and options shall be provided and included in the final bid price of the bidder.
It is the bidder's responsibility to carefully examine each item of the specifications. Failure to
submit a complete bid or failure to respond to each bid item may cause the bid to be rejected. Any
deviations from the specifications of the solicitation shall be fully described. The bidder shall
include a separate sheet if necessary in order to accurately describe deviations.
Bidders shall complete this form as well as the Minimum Specifications Checklist, Approval of
Subcontractors, submit their bid electronically, and provide the Bid Bond. The successful Bidder
will be required to complete and sign the Agreement, and provide the Performance and Payment
Bonds.
Bidders will be required to submit the brand name, manufacturer, and other information as
requested for specific equipment and components within five (5) days from the date of the request.
The City of Kalispell reserves the right to reject any equipment or component that the City deems
unacceptable by reason of quality or performance.
The complete and ready for operation new Aerial Lift Forestry Truck shall be delivered to the City
of Kalispell Parks and Recreation, 1532 First Avenue West, Kalispell, Montana 59901 within
thirty days (30) days from the date of the Contract. If the Aerial Lift Forestry Truck with Chip Box
is not delivered within thirty days (30) days from the date of the Contract, the Bidder shall pay the
City of Kalispell one hundred dollars ($100.00) for each calendar day that expires until the Aerial
Lift Forestry Truck is delivered to and accepted by the City of Kalispell. If delivery is not possible
within thirty days (30) days from the date of the Contract, the Bidder shall indicate a delivery
estimate within the bid reply.
Aerial Lift Forestry Truck with Chip Box 00150-1 Information for Bidders
SECTION 00300
BID CONDITIONS
PROJECT IDENTIFICATION:
Kalispell, Montana
AERIAL LIFT FORESTRY TRUCK
THIS BID IS SUBMITTED TO:
City of Kalispell
201 1st Avenue East
P.O. Box 1997
Kalispell, Montana 59903-1997
CONTRACT
The undersigned Bidder proposes and agrees if this Bid is accepted, to enter into an
Agreement with Owner in the form included in the Bidding Documents, to perform and
furnish all Work as specified or indicated in the Bidding Documents for the prices and
within the times indicated in this Bid and in accordance with the other terms and
conditions of the Bidding Documents.
BID TO REMAIN OPEN
Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid,
and Instructions to Bidders, including without limitations those dealing with the
disposition of Bid Security. 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 Owner.
Bidder accepts that the Evaluation of bids will include review of overall pricing of each
proposal as well as review of provided equipment components listed within the Bid
Schedule. Price alone will not be the sole basis of evaluation. The City will accept the
lowest responsible bid which most closely meets the required specifications.
SUBMITTING THE BID
In submitting this Bid, Bidder represents, as set forth in the Agreement, that:
Bidder has examined and carefully studied the Bidding Documents, and other related data
identified in the Bidding Documents.
Bidder is familiar with and is satisfied as to all federal, state and local Laws and
Regulations that may affect cost, progress and performance of the Work.
Aerial Lift Forestry Truck with Chip Box 00300-1 Bid Conditions
Bidder has given owner written notice of all conflicts, errors, ambiguities, or
discrepancies that Bidder has discovered in the Bidding Documents, and the written
resolution thereof by Owner is acceptable to Bidder.
The Bidding Documents are sufficient to indicate and convey understanding of all terms
and conditions for the performance of the Work for which this Bid is submitted.
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
directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid;
Bidder has not solicited or induced any individual, firm, or entity to refrain from bidding;
and Bidder has not sought by collusion to obtain for itself any advantage over any other
Bidder or over OWNER.
DELIVERY
The Bidder will deliver a complete and fully operational Aerial Lift Forestry Truck in
accordance with the specifications and the Contract Documents for the following Lump
Sum Bid Price(s):
Aerial Lift Forestry Truck
Lump Sum Bid Price
Lump Sum Bid Price in Written Words
The OWNER reserves the right to reject any or all bids.
All bids will be evaluated on the basis of the sum of the Base Bid with or without
Alternative(s) or any combination thereof.
LIQUIDATED DAMAGES
Bidder agrees that the Work will be substantially completed and ready for final payment
in accordance with 14.07 of the General Conditions on or before the dates or within the
number of calendar days indicated in the Agreement.
Bidder accepts the provisions of the Agreement as to liquidate damages in the event of
failure to complete the Work within the time stated in the agreement.
BID DOCUMENTS
The following documents are attached to and made a condition of the Bid:
Required Bid security in the form of a Bid Bond identified in the Instructions to Bidders.
Aerial Lift Forestry Truck with Chip Box 00300-2 Bid Conditions
MEANING OF TERMS
The terms used in this Bid with the initial capital letters have the meanings indicated in
the Instructions to Bidders, General Conditions, and the Supplementary Conditions.
BID REJECTION
The owner reserves the right to reject any or all bids.
END OF SECTION 00300
Aerial Lift Forestry Truck with Chip Box 00300-3 Bid Conditions
MINIMUM SPECIFICATIONS FOR
WARRANTY AND MANUALS
AERIAL LIFT FORESTRY TRUCK
BIDDER SHALL COMPLETE BY CHECKING THE FOLLOWING.
IF NOT COMPLIANT, STATE SPECIFICALLY THE ITEM BEING OFFERED.
DESCRIPTION
YES NO OFFERED
SPECIFICATIONS
A. AERIAL LIFT AND CHIP BODY
1.
The aerial lift working height shall be a minimum of
sixty (60) feet.
❑ ❑
2.
The body shall be equipped with a chip box of at least
eleven (11) feet in length.
❑ ❑
3.
The chip box shall have a capacity of at least twelve (12)
cubic yards.
❑ ❑
4.
The chip box shall have a hoist cylinder to allow the chip
box to be dumped.
❑ ❑
5.
The chip box hoist cylinder shall be equipped with a
holding valve.
❑ ❑
6.
The body shall have a ladder and storage compartment
located on the curbside of the body.
❑ ❑
7.
Two (2) storage boxes shall be installed under the body
behind the rear wheels, the boxes shall measure at least
24" in width and be white in color.
❑ ❑
8.
Body shall include driver controlled toolbox
compartment lighting (excluding through compartments).
❑ ❑
B. CAB AND CHASSIS
1.
The chassis shall be a Freightliner M2 106 or Equivalent
❑ ❑
2.
The cab shall be white in color.
❑ ❑
3.
Truck shall be powered by a Cummins 6.7L ISB diesel
engine or equivalent.
❑ ❑
4.
Truck shall be equipped with an Allison 2500 Series
automatic transmission or equivalent.
❑ ❑
Aerial Lift Forestry Truck with Chip Box 00310-1 Bid Specifications
MINIMUM SPECIFICATIONS FOR
WARRANTY AND MANUALS
AERIAL LIFT FORESTRY TRUCK
BIDDER SHALL COMPLETE BY CHECKING THE FOLLOWING.
IF NOT COMPLIANT, STATE SPECIFICALLY THE ITEM BEING OFFERED.
DESCRIPTION
5. Truck shall have a GVWR of 26,000 lbs. or less. (Under
CDL)
C. ACCESSORIES
1. Truck shall be equipped with cruise control.
2. Truck shall be equipped with HVAC system which
includes manually selectable defrost, dash vent, and floor
vent modes, as well as temperature control.
3. Truck shall be equipped with radio featuring AM/FM
band, 3.5 millimeter aux input, and Bluetooth
connectivity.
D. WARRANTY
1. Minimum one (1) year parts warranty.
2. Minimum one (1) year labor warranty.
3. Minimum ninety (90) days warranty for travel charges.
4. Body shall carry a lifetime structural warranty.
E. MANUALS
1. One set of operation, parts, and service manuals shall be
provided to the City of Kalispell upon delivery of unit.
Service manual must include wiring diagrams.
F. TRAINING
The vendor shall provide qualified personnel, at no additional
cost to the City of Kalispell, to conduct the following training at
the time the twenty seven Aerial Lift Forestry Truck is delivered
to the City of Kalispell:
YES NO OFFERED
❑ ❑
❑ ❑
❑ ❑
❑ ❑
Aerial Lift Forestry Truck with Chip Box 00310-2 Bid Specifications
MINIMUM SPECIFICATIONS FOR
WARRANTY AND MANUALS
AERIAL LIFT FORESTRY TRUCK
BIDDER SHALL COMPLETE BY CHECKING THE FOLLOWING.
IF NOT COMPLIANT, STATE SPECIFICALLY THE ITEM BEING OFFERED.
DESCRIPTION
YES NO OFFERED
1. Provide eight (8) hours of training for operation,
maintenance, and repair of the entire unit. This training
shall take place at the City of Kalispell's Parks and
Recreation and Central Garage facilities. ❑ ❑
2. The training shall include mechanics training on trouble
shooting and repairs of the refuse, electrical, hydraulic,
and control systems. ❑ ❑
Aerial Lift Forestry Truck with Chip Box 00310-3 Bid Specifications
SECTION 00400
BIDDER REFERENCES
The Bidder shall provide the following information for three equipment sales of a similar nature
to the equipment currently being bid that the Bidder has completed within the past five years in
the space provided below.
EQUIPMENT 1 IDENTIFICATION:
LOCATION:
EQUIPMENT VALUE:
CLIENT AND REFERENCE CONTACT:
DESCRIPTION OF EQUIPMENT WITH ATTACHMENTS:
EQUIPMENT 2 IDENTIFICATION:
LOCATION:
EQUIPMENT VALUE:
CLIENT AND REFERENCE CONTACT:
DESCRIPTION OF EQUIPMENT WITH ATTACHMENTS:
EQUIPMENT 3 IDENTIFICATION:
LOCATION:
EQUIPMENT VALUE:
CLIENT AND REFERENCE CONTACT:
DESCRIPTION OF EQUIPMENT WITH ATTACHMENTS:
Aerial Lift Forestry Truck with Chip Box 00400-1 Bidder References
SECTION 00500
AGREEMENT
This Contract dated the day of in the year 2020, by and between City of
Kalispell, a Municipal Corporation, 201 First Avenue East, Kalispell, MT 59901, hereinafter called
"Owner" and , hereinafter called "Contractor". Owner
and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows:
Article 1- WORK
1.01 Contractor shall complete all Work as specified or indicated in the Specifications and
Bidding Documents, attached hereto and incorporated fully herein by this reference. The
Work consists of furnishing materials, labor, and equipment required to provide an Aerial
Lift Forestry Truck (60' Minimum Working Height) with Chip Box, complete and ready
for operation, to the City of Kalispell.
Article 2- CONTRACT TIME
2.01 Time of the Essence.
All the time limits for completion and delivery of the Aerial Lift Forestry Truck
(60' Minimum Working Height) with Chip Box as indicated in the Specifications
and Bidding Documents are of the essence of the Contract.
2.02 Days to achieve Completion and Delivery.
The Aerial Lift Forestry Truck shall be delivered to the City of Central Garage,
1400 First Avenue West, Kalispell, MT 59901 within thirty (30) calendar days
from the effective date of the Contract.
2.03 Liquidated Damages.
Owner and Contractor recognize that time is of the essence of this Contract. Owner
and Contractor also recognize the delays, expense and difficulties involved in
proving in a legal or arbitration preceding the actual loss suffered by Owner if the
Work is not completed on time. Accordingly, instead of requiring any such proof,
Owner and Contractor agree that as liquidated damages for delay (but not as a
penalty) Contractor shall pay Owner one hundred dollars ($100.00) for each
calendar day that expires until the Aerial Lift Forestry Truck (60' Minimum
Working Height) with Chip Box is delivered to and accepted by the City of
Kalispell.
Article 3- CONTRACT PRICE
3.01 Owner shall pay the Contractor for completion, delivery, and acceptance of the
Aerial Lift Forestry Truck (60' Minimum Working Height) with Chip Box in
accordance with the Contract Documents in an amount equal to the sum of
established lump sum prices in the total amount of $
Aerial Lift Forestry Truck with Chip Box 00500-1 Agreement
Article 4- INSPECTION AND TESTING
4.01 Owner has the right to inspect and test any and all equipment provided by
Contractor pursuant to this Contract. Contractor shall allow Owner and its agents
access to the equipment upon delivery for the purpose of such inspection and
testing. Any inspection and testing performed by the Owner and its agents is for
the sole benefit of the Owner and shall not relieve the Contractor of its duty,
responsibility, and obligation for ensuring the work strictly complies with the
Contract terms and conditions. Owner's inspection and testing shall not be deemed
or considered acceptance by the Owner of any portion of the Contract. Owner's
inspection and testing shall not serve to nullify, amend, or waive any warranties
provided by the Contractor under this Contract.
4.02 Contractor shall, without charge, replace any material or correct any work found
by the Owner or its agents to be defective or otherwise not in compliance with the
terms and conditions of this Contract. In the event Contractor fails to replace or
correct any defective work or materials after reasonable written notice by the
Owner to do so, the Owner may take such corrective action, either with its own
materials and employees or by retaining any third part to do so, and deduct the cost
and expense of such corrective action from the Contractor's Compensation.
Article 5- PAYMENT PROCEDURES
5.01 Submittal and Processing of Payment: The Contractor shall submit an
Application for Payment to the City of Kalispell Parks and Recreation Department
after the Aerial Lift Forestry Truck is delivered to and accepted by the Owner. The
payment will be processed in accordance with the Payable Schedule prepared by
the Finance Department.
Article 6- CONTRACTOR'S REPRESENTATION
6.01 Contractor has examined and carefully studied the Specifications and Bidding
Documents (including all Addenda), and all other related data identified in the
Specifications and Bidding Documents.
6.02 Contractor does not consider that any additional examinations, investigations, or
data are necessary for the performance and furnishing of the Work at the Contract
Price, within the Contract Times and in accordance with the other terms and
conditions of the Specifications and Bidding Documents
6.03 The Specifications and Bidding Documents are sufficient to indicate and convey
understanding of all terms and conditions for performance and furnishing of the
work.
Aerial Lift Forestry Truck with Chip Box 00500-2 Agreement
Article 7- CONTRACTOR'S WARRANTIES: Contractor represents and warrants as
follows:
7.01 Unless otherwise specified by the terms of this Contract, all materials and
equipment provided by Contractor shall be new and where not otherwise specified,
of the most suitable grade for their intended uses.
7.02 All workmanship and materials shall be of a kind and nature acceptable to the
Owner.
7.03 All equipment and materials provided to the Owner as agreed upon shall be free of
defects and nonconformities in design, materials, and workmanship for a
minimum period beginning from the time of acceptance of the Aerial Lift Forestry
Truck (60' Minimum Working Height) with Chip Box and ending one (1) year
later.
Other express warranties on materials that provide for a warranty period longer
than one year apply for the period of that express warranty and are not reduced by
this provision. Upon receipt of Owner's written notice of defective or
nonconforming condition during the warranty period, Contractor shall take all
actions, including redesign and replacement, to correct the defective or
nonconforming condition within a time frame acceptable to the Owner at no
additional cost to the Owner. Contractor shall also, at its sole cost, perform any
tests required by Owner to verify that such defective or nonconforming conditions
are remedied for a period of an additional one (1) year from the date of Owner's
acceptance of the corrective action.
7.04 Contractor and its sureties shall be liable for the satisfaction and full performance
of all warranties.
7.05 Contractor shall give its personal attention to the faithful execution of the
completion of the Contract.
7.06 Title to all work, materials, and equipment covered by any payment of Contractor's
Compensation by City, whether directly incorporated into the Contract or not, shall
pass to City at the time of payment, free and clear of all liens and encumbrances.
Article 8- LIMITATION ON CONTRACTOR'S DAMAGES:
8.01 In the event of a claim for damages by Contractor under this Contract, Contractor's
damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or
lost profits damages of any nature or kind.
Aerial Lift Forestry Truck with Chip Box 00500-3 Agreement
8.02 In the event Contractor wants to assert a claim for damages of any kind or nature,
Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of
damages sought by the claim, within ten (10) days of the facts and circumstances
giving rise to the claim. In the event Contractor fails to provide such notice,
Contractor shall waive all rights to assert such claim.
Article 9- REPRESENTATIVES:
9.01 City's Representative: The City's Representative for the purpose of this Contract
shall be Fred Bicha, Parks Superintendent, or such other person as City shall
designate in writing. Whenever approval or authorization from or communication
or submission to City is required by this Contract, such communication or
submission shall be directed to City's Representative and approvals or
authorizations shall be issued only by such Representative; provided, however, that
in exigent circumstances when City's Representative is not available, Contractor
may direct its communication or submission to other designated City personnel or
agents and may receive approvals or authorization from such persons.
9.02 Contractor's Representative: The Contractor's Representative for the purpose of
this Contract shall be or such other person as Contractor
shall designate in writing. Whenever direction to or communication with
Contractor is required by this Contract, such direction or communication shall be
directed to Contractor's Representative; provided, however, that in exigent
circumstances when Contractor's Representative is not available, City may direct
its direction or communication to other designated Contractor personnel or agents.
Article 10- DISPUTE RESOLUTION:
10.01 Any claim, controversy, or dispute between the parties, their agents, employees, or
representatives shall be resolved first by negotiation between senior -level
personnel from each party duly authorized to execute settlement agreements. Upon
mutual agreement of the parties, the parties may invite an independent, disinterested
mediator to assist in the negotiated settlement discussions.
10.02 If the parties are unable to resolve the dispute within thirty (30) days from date the
dispute was first raided, then such dispute shall be resolved in a court of competent
jurisdiction in compliance with the Applicable Law provisions of this Contract.
Article II- MISCELLANEOUS
11.01 Survival: Contractor's indemnification and warranty obligations shall survive the
termination or expiration of this Contract for the maximum period allowed under
applicable law.
Aerial Lift Forestry Truck with Chip Box 00500-4 Agreement
11.02 Headings: The headings used in this Contract are for convenience only and shall
not be construed as a part of the Contract or as a limitation on the scope of the
particular paragraphs to which they refer.
11.03 Waiver: A waiver by Owner of any default or breach by Contractor of any
covenants, terms, or conditions of this Contract shall not limit Owner's right to
enforce such covenants, terms, or conditions or to pursue Owner's rights in the
event of any subsequent default breach.
11.04 Severability: If any portion of this Contract shall be held to be void or
unenforceable, the balance thereof shall continue to be effective.
11.05 Applicable Law: The parties agree that this Contract shall be governed in all
respects by the laws of the State of Montana and the parties expressly agree that
venue shall be in Flathead County, Montana, and no other venue.
11.06 Binding Effect: This Contract shall be binding upon and shall inure to the benefit
of the heirs, legal representatives, successors, and assigns of the parties.
11.07 Amendments: This Contract shall not be modified, amended, or changed in any
respect except by a written document signed by all parties.
11.08 No Third Part Beneficiary: This Contract is for the exclusive benefit of the parties
and shall not constitute a third party beneficiary agreement and shall not be relied
upon or enforced by a third party.
11.09 Counterparts: This Contract may be executed in counterparts, which together
shall constitute one instrument.
11.10 Assignment: Contractor shall not assign this Contract in whole or in part without
the prior written consent of the Owner. No assignment shall relieve Contractor of
its responsibility for the performance of the Contract and the completion of the
Contract. Contractor shall not assign to any third party other than Contractor's
subcontractors on the Contract, the right to receive monies due from Owner without
the prior written consent of City.
11.11 Authority: Each party represents that it has full power and authority to enter into
and perform this Contract and the person signing this Contract on behalf of each
party has been properly authorized and empowered to sign this Contract.
Aerial Lift Forestry Truck with Chip Box 00500-5 Agreement
11.12 Independent Contractor: The parties agree and acknowledge that in the
performance of this Contract and the completion of the Contract, Contractor shall
render services as an independent contractor and not as the agent, representative,
subcontractor, or employee of the Owner. The parties further agree that all
individuals and companies retained by Contractor shall at all times be considered
the agents, employees, or independent contractors of Contractor and shall at no time
be the employees, agents, or representatives of the Owner.
11.13 Contract Documents: All work on the Contract shall be performed by Contractor
in accordance with all of the terms and conditions of this Contract and all
documents attached hereto, which documents shall consist of the following and are
incorporated herein by this reference:
Invitation For Bids
Instructions to Bidders
Minimum Specifications for Aerial Lift Forestry Truck (60' Minimum
Working Height) with Chip Box
Performance and Payment Bonds
11.14 Intetration: This Contract and all documents attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained therein or
made a part thereof by reference, shall not be binding upon the parties. There are
no understandings between the parties other than as set forth in this Contract. All
communications, either verbal or written, made prior to the date of this Contract
are hereby abrogated and withdrawn unless specifically made a part of this
Contract by reference.
IN WITNESS WHEREOF, Owner and Contractor have signed three (3) copies of the Contract. Two
(2) counterparts have been delivered to Owner and one (1) counterparts to Contractor. All portions
of the Specifications and Contract Documents have been signed or identified by Owner and
Contractor.
This Contract will be effective on ,
Owner City of Kalispell Contractor
A Municipal Corporation
By
Kalispell City Manager
Attest
(Signature)
Attest
(Signature)
Aerial Lift Forestry Truck with Chip Box 00500-6 Agreement
Address for giving notices:
P.O. Box 1997
Kalispell, MT 59903
Phone No. 406-758-7716
(CORPORATESEAL)
Address for giving notices:
Phone No.
(CORPORATESEAL)
Aerial Lift Forestry Truck with Chip Box 00500-7 Agreement