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Toms Trucks Used Solid Waste Truck BidSPECIFICATIONS AND BIDDING DOCUMENTS Used 28-Yard Front Load Solid Waste Truck CITY OF KALISPELL Name of Bidder 7 C Address Q?rO�GI Telephone Number November 2024 % -7(vdL -�' a.\ C S <Ill ftl KALISPELL Used 28-Yard Front Load Solid Waste Truck Kalispell, Montana. The City of Kalispell, Montana will receive sealed bids for a Used 28-Yard Front Load Solid Waste Truck to meet or exceed the minimum specifications on file in the office of Department of Public Works, City Hall, Kalispell, Montana. The City will purchase up to one (1) Used 28-Yard Front Load Solid Waste Truck based on the information and pricing provided in the bid schedules. Bid includes the purchase of (1) Used 28-Yard Front Load Solid Waste Truck. Bidding documents may be examined or obtained from the City of Kalispell Public Works Department, 201 First Avenue East, Kalispell, Montana 59901. Any bidder wishing to obtain further information may obtain the same from the City of Kalispell Public Works Department, 201 First Avenue East, Kalispell, Montana 59901. Phone 406-758-7720. 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 systems offered, shall be included with the units 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. The Bidder is responsible to carefully examine each item of the Specifications and Bidding Documents. 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 shall be fully described. The Bidder shall include a separate sheet, if necessary, in order to accurately describe deviations. Bidders shall complete the Minimum Specifications Checklist for each vehicle offered, complete and sign this form. The successful Bidder will be required to complete and sign the Agreement. Bidders may be required to submit the brand name, manufacturer, vendors or subcontractors, and other information as requested for specific equipment and components within five (5) days from the date of request. The City of Kalispell reserves the right to reject any equipment or component the City deems unacceptable by reason of quality or performance. The City reserves the right to have any equipment inspected by an independent third party at the expense of the City. The complete and ready for operation Used 28-Yard Front Load Solid Waste Truck shall be delivered to the City of Kalispell Central Garage at 1400 First Avenue West, Kalispell, MT 59901 within one hundred and eighty (180) days from the date of the Agreement. If the Used 28-Yard Front Load Solid Waste Truck is not delivered and operational within one hundred and eighty(180) days of the Agreement, the Bidder shall pay the City of Kalispell one hundred dollars ($100.00) for each day that expires until the Used 28-Yard Front Load Solid Waste Truck is delivered to and accepted by the City of Kalispell. I have read and understand the information and bidding requirements listed on this page and within these Specifications and Bidding Documents. Si aiurk & Title Company Date Used 28-Yard Front Load Solid Waste Truck TABLE OF CONTENTS Title Number of Pates CoverLetter..................................................................................... I Table of Contents (This Page)..........................................................I Preliminary Timetable......................................................................I 00100 Invitation for Bids ...............................................................2 00150 Information for Bidders........................................................1 00200 Instructions to Bidders..........................................................1 00300 Bid Conditions......................................................................3 00310 Equipment Specifications.....................................................8 00400 Bidder References.................................................................1 00500 Agreement.............................................................................7 Noticeof Award............................................................................... I Used 28-Yard Front Load Solid Waste Truck Table of Contents Illn�� KALISPELL NOVEMBER 24, 2024 DECEMBER 1, 2024 DECEMBER 5, 2024 DECEMBER 16, 2024 DECEMBER 17, 2024 JANUARY 2, 2025 JULY 1, 2025 PRELIMINARY TIMETABLE PUBLISH ADVERTISEMENT FOR BIDS PUBLISH ADVERTISEMENT FOR BIDS OPEN BIDS - 2:30 PM CITY COUNCIL AWARD BID ISSUE NOTICE OF AWARD AGREEMENT SIGNED EQUIPMENT DELIVERY Used 28-Yard Front Load Solid Waste Truck Preliminary Timetable SECTION 00100 INVITATION FOR BIDS The City of Kalispell, Montana will receive sealed bids for a Used 28-Yard Front Load Solid Waste Truck to meet or exceed the minimum specifications on file in the office of Department of Public Works, City Hall, Kalispell, Montana. The City will purchase up to one (1) Used 28-Yard Front Load Solid Waste Truck based on the information and pricing provided in the bid schedule. The Bid Schedule includes the purchase of (1) Used 28-Yard Front Load Solid Waste Truck Bidding documents may be examined or obtained from the. City of Kalispell Public Works Department, 201 First Avenue East, Kalispell, Montana 59901. Any bidder wishing to obtain further information may obtain the same from the City of Kalispell Public Works Department, 201 First Avenue East, Kalispell, Montana 59901. Phone 406-758-7720. Bids will be received until 2:30 PM on Thursday, December 5, 2024. All bids will be publicly opened and read aloud at 2:30 PM on Thursday, December 5, 2024, in the Main Level City Hall Conference Room, 201 First Avenue East, Kalispell, Montana 59901. Proposals shall be addressed to: City Clerk, P.O. Box 1997, Kalispell, Montana, 59903-1997, or delivered to City Clerk, 201 First Ave E, Kalispell, Montana and titled, "SEALED BID — Used 28- Yard Front Load Solid Waste Truck". 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. In the event the successful bidder does not enter into a formal contract within fifteen (15) calendar days, 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. 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, to waive any technicality or informality, and accept any bid which may be deemed in the best interest of the City. 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, 2024. City of Kalispell Aimee Brunckhorst City Clerk Publish: November 24, 2024 December 1, 2024 Used 28-Yard Front Load Solid Waste Truck 00100-1 Invitation for Bids KALISPELL SECTION 00150 INFORMATION FOR BIDDERS The City of Kalispell is soliciting bids for a Used 28-Yard Front Load Solid Waste Truck. The equipment bid must be complete and ready for immediate operation at delivery. The City will consider bids received from all responsive bidders and will award to a single qualified bidder. The City reserves the right to reject any and all 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, 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 Used 28-Yard Front Load Solid Waste Truck shall be delivered to the City of Kalispell Central Garage, 1400 First Avenue West, Kalispell, Montana 59901 within one hundred and eight (� days from the date of the Contract. If the Used 28- Yard Front Load Solid Waste Truck is not delivered within one hundred and eighty (180) 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 Used 28-Yard Front Load Solid Waste Truck is delivered to and accepted by the City of Kalispell. I have read and understand the information and bidding requirements provided on this page. NC Sa_Q_0 ignature & itle Company at Used 28-Yard Front Load Solid Waste Truck 00150-1 Information for Bidders (I I) ((I KALISPELL SECTION 00200 INSTRUCTIONS TO BIDDERS Forms furnished, shall be used in strict compliance with the requirements of the invitation, these instructions, and instructions printed on the forms. Special care shall be exercised in the preparation of bids. Bidders must make their own estimates of any difficulties in regard to the performance of the proposed contract, including local conditions, uncertainty of weather, and all other contingencies. All designations and prices shall be fully and clearly set forth. The proper space in the bid form shall be suitably filled in. The following Definitions apply to Section 00200, Instructions to Bidders: OWNER — The City of Kalispell, Montana, a Municipal Corporation. CITY — The City of Kalispell, Montana, a Municipal Corporation. BIDDER —Any individual, corporation or partnership who submits a bid. BID — The offer of the bidder. ARTICLE I - AWARD OF CONTRACT 1.01 Evaluation of Bids A. In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be required in the Bid Form or prior to the Notice of Award. B. In evaluating Bids, Owner will consider the qualifications of the Bidder and check Bidder references. C. Owner may conduct such investigations as Owner deems necessary to establish the responsibility and qualifications of the Bidder, and quality of previous equipment sales. D. If the Contract is to be awarded, Owner will award the Contract to the responsible Bidder whose Bid, conforming with all material terms and conditions of the Bidding Documents, is lowest price, in the best interest of the City, and in consideration of other factors. The Owner reserves the right to accept or reject the Bids, or any part thereof and to waive any inconsistency within the Bid. Used 28-Yard Front Load Solid Waste Truck 00200-1 Instructions to Bidders ARTICLE II - SIGNING OF AGREEMENT 2.01 When the Owner gives a Notice of Award to the Successful Bidder, it shall be accompanied by three (3) Contracts. Within fifteen (15) calendar days thereafter, the Successful Bidder shall sign the Agreement in all three (3) Contracts and deliver the three (3) Contracts to the Owner. Within fifteen (15) calendar days thereafter the Owner shall deliver one (1) Contract with the Agreement signed by the City Manager to the Successful Bidder. ARTICLE III - APPLICATION FOR PAYMENT 3.01 The City issues checks in accordance with the payable schedule prepared by the Finance Department. Applications for Payment shall be submitted at least fifteen (15) days prior to the next scheduled issuance of checks in order to allow sufficient time for review and processing. Used 28-Yard Front Load Solid Waste Truck 00200-2 Instructions to Bidders SECTION 00300 BID CONDITIONS PROJECT IDENTIFICATION: Kalispell, Montana Used 28-Yard Front Load Solid Waste Truck THIS BID IS SUBMITTED TO: City of Kalispell 201111 Avenue East P.O. Box 1997 Kalispell, Montana 59903-1997 ARTICLE I - CONTRACT 1.01 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. ARTICLE II - BID TO REMAIN OPEN 2.01 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid, and Instructions to Bidders. 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. 2.02 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. Used 28-Yard Front Load Solid Waste Tnick 00300-1 Bid Conditions ARTICLE III - SUBMITTING THE BID 3.01 In submitting this Bid, Bidder represents, as set forth in the Agreement, that: A. Bidder has examined and carefully studied the Bidding Documents and other related data identified in the Bidding Documents. B. 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. C. 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. D. 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. 3.02 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. ARTICLE IV - DELIVERY 4.01 The Bidder will deliver a complete and fully operational Used 28-Yard Front Load Solid Waste Truck in accordance with the specifications and the Contract Documents for the price as bid. 4.02 The Owner reserves the right to reject any or all bids. 4.03 All bids will be evaluated on the basis of the sum of the Base Bid with or without Altemative(s) or any combination thereof. Used 28-Yard Front Load Solid Waste Trick 00300-2 Bid Conditions ARTICLE V - LIQUIDATED DAMAGES 5.01 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 Used 28-Yard Front Load Solid Waste Truck is delivered to and accepted by the City of Kalispell. ARTICLE VI - BID DOCUMENTS 6.01 The following documents are attached to and made a condition of the Bid. ARTICLE VII - MEANING OF TERMS 7.01 The terms used in this Bid with initial capital letters have the meanings indicated in the Instructions to Bidders. ARTICLE VIII - BID REJECTION 8.01 The Owner reserves the right to reject any or all bids. Used 28-Yard Front Load Solid Waste Truck 00300-3 Bid Conditions MINIMUM SPECIFICATIONS FOR Used 28-Yard Front Load Solid Waste Truck BIDDER SHALL COMPLETE BY CHECKING THE FOLLOWING. IF NOT COMPLIANT, STATE SPECIFICALLY THE ITEM BEING OFFERED. DESCRIPTION YES NO OFFERED A. Truck Cab 1. Chassis shall be a Model 2017 or newer. ❑ 2. Chassis shall be Peterbilt 520 cab over design. ❑ '�LJCkl7 Ca 3. Cab shall be left hand steer. ❑ 4. The cab shall be white in color. ❑ 5. The truck shall have convex mirrors on the top and bottom of the right -side mirror, left side mirror shall have a convex mirror on the bottom. 1�' ❑ 6. Heated mirrors shall be installed on both left and right sides. LR ❑ 7. Truck shall have mud flaps behind front steer ties. 191. ❑ 8. Truck shall have mud flaps in front and behind the drive axles. 1 ❑ 9. Entrance steps shall be cab mounted double steps on both left and right sides. Bottom step shall not sit lower than bottom of the front bumper. E ❑ 10. Truck shall have safety triangles securely mounted in the cab. 91 ❑ 11. Truck shall be equipped with power windows on both left and right sides. ❑ 12. Grab handles shall be mounted on both left and right sides. ❑ 13. Truck shall be equipped with radio featuring AM/FM band, three-point five (3.5) millimeter aux input, and Bluetooth connectivity. QK ❑ 14. A cab mounted fire extinguisher shall be installed. J91 ❑ 15. Front window/cab protection bars. K ❑ Used 28-Yard Front Load Solid Waste Truck 00310-1 Equipment Specifications MINIMUM SPECIFICATIONS FOR Used 28-Yard Front Load Solid Waste Truck BIDDER SHALL COMPLETE BY CHECKING THE FOLLOWING. IF NOT COMPLIANT, STATE SPECIFICALLY THE ITEM BEING OFFERED. DESCRIPTION YES NO OFFERED B. Chassis and Powertrain 1. Engine rated power shall be no less than 350 horsepower. 11 ❑ 2. The transmission shall be Allison 4500 RDS automatic. jJ ❑ 3. Chassis shall be equipped with transmission mounted PTO that meets solid waste body manufacturer's requirements. 14 ❑ 4. Transmission shall have a filter restriction indicator in the cab. ❑ ❑ k . 5. Truck shall beequipped with electronic backup alarm. R ❑ 6. Front mounted tow hooks shall be installed. ❑ 7. Engine shall be equipped with an auto -idle and auto - shutdown features. ❑ 8. Engine shall be equipped with a 120-volt, plug-in block heater. [ ❑ C. Suspension and tires 1. Drive tire size shall be I IR 22.5 — 14 ply radial rear tires with waste hauler lug tread design. l ❑ 2. Truck shall be equipped with 315/80R22.5 20 ply radial front tires. ER ❑ 3. Front suspension shall be 20,000 GVWR ❑ 4. Rear suspension shall utilize Hendrickson Haulmaax or equivalent rated for forty-six thousand (46,000) lbs. or higher suspension shall be rated at 46,000 GAWR N ❑ 5. Front drive axle shall be equipped with a locking power divider, both front and rear drive axles shall be equipped with locking differentials. ❑ 9 Used 28-Yard Front Load Solid Waste Truck 00310-2 Equipment Specifications k MINIMUM SPECIFICATIONS FOR Used 28-Yard Front Load Solid Waste Truck BIDDER SHALL COMPLETE BY CHECKING THE FOLLOWING. IF NOT COMPLIANT, STATE SPECIFICALLY THE ITEM BEING OFFERED. DESCRIPTION YES NO OFFERED D. Chassis Body 1. 28 cubic yard front end load — full eject. x ❑ 2. Hinged left -side body access door with step and grab handle. 1 ❑ 3. Cab shield with hinged rubber tip extensions. ffi ❑ 4. Front head closure screens. ❑ 5. Under ho er liquid sump with one (1) cleanout door. 1 ❑ 6. Packer retainer teeth. ❑ R 7. Hopper liner, 3/16 AR400 N ❑ 8. Access Lader to top of Body. ❑ 9. Service hoist/electric Hydraulic pump. ,r ❑ 10. Body service props. 9 ❑ 11. Tailgate service props. or ❑ 12. Fully automated shure lock tailgate latches orequivalent. !K ❑ 13. 8,000 lb. capacity arms — WASTEC WRP06-1996 rated. 0 ❑ 14. Four arm shaft bearing supports. q ❑ 15. Bolt on rubber arm stops. ❑ 16. Heavy -duty forks — 1 '/2" thick X 5 1 " grip length, ❑ 17. Constant drive PTO off transmission w/remote mount vain pump. [�' ❑ 18. Chrome plated cylinder rods and telescopic sleeves. ❑ 19. Cross packing cylinders. ❑ 20. Chassis frame mounted oil tank with level/temperature gauge and suction shut off. 1� ❑ Used 28-Yard Front Load Solid Waste Truck 00310-3 Equipment Specifications MINIMUM SPECIFICATIONS FOR Used 28-Yard Front Load Solid Waste Truck BIDDER SHALL COMPLETE BY CHECKING THE FOLLOWING. IF NOT COMPLIANT, STATE SPECIFICALLY THE ITEM BEING OFFERED. DESCRIPTION YES NO OFFERED 21. 3-micronreturn line filter with magnetic trap and in -cab filter bypass monitor. ❑ 22. 140-micron suction line strainer. j ❑ 23. Throttle advance kit. ❑ E' 24. Joystick in -cab controls. ❑ 25. LED body and Marker lights, ® ❑ 26. Strobe light, amber mounted on lower tailgate — in -cab switch, pump on, and reverse activated. ❑ 27. Work flood lights, hopper and cab. ❑ 28. Low oil level sensor with light, buzzer, and pump shut- off. ❑ 29. Sever duty wear bar kit. ❑ 30. Remote packer and tailgate hinge lube. ❑p ckfease 31. Arm/fork over height warning kit. ❑ 32. Rear camera bracket and flood lights — reverse activated. 21 ❑ 33. 3rd eye 3 cameras stem, rear, hopper, RH alley. ❑ ❑ r Used 28-Yard Front Load Solid Waste Trick 00310-4 Equipment Specifications q Sifl 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: "C " A, V� EQUIPMENT VALUE: CLIENT AND REFERENCE CONTACT: � ; DEE(((SCRIPTION OF EQUIPMENT W//ITH ATTACHMENTS: VHF UIPMENT 2 IDENTIFICATION: LOCATION: EQUIPMENT VALUE: CLIENTAND REFERENCE CONTACT: DESCRIPTION OF EQUIPMENT WITH ATTACHMENTS: .Cry-t 1-.W cro '-k ; 'a C,)3,yA �' l.(() EQUIPMENT 3 IDENTIFICATION: LOCATION: EQUIPMENT VALUE: '1OQ`� ��,( \� ��; �A<-av, CLIENT AND REFERENCE CONTACT: C 1kD DESCRIPTION OF EQUIPMENT WITH ATTACHMENTS: 3RX-y 2&�xc\ vo , 'a�-)eA �k , -6o-z� Used 28-Yard Front Load Solid Waste Trick 00400-1 Bidder References SECTION 00500 AGREEMENT This Contract dated the day of in the year 2024, by and between City of Kalispell, a Municipal Coiporation, 201 First Avenue East, Kalispell, MT 59901, hereinafter called "Owner" and -��5 '�C��Qt , hereinafter called "Contractor". Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE I - 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 a Used 28- Yard Front Load Solid Waste Truck, complete and ready for operation, to the City of Kalispell. ARTICLE I1- CONTRACT TIME 2.01 Time of the Essence. All the time limits for completion and delivery of the Used 28-Yard Front Load Solid Waste Truck as indicated in the Specifications and Bidding Documents are of the essence of the Contract. 2.02 Days to achieve Completion and Delivery. The Used 28-Yard Front Load Solid Waste Truck shall be delivered to the City of Kalispell Central Garage, 1400 First Avenue West, Kalispell, MT 59901 within one hundred and eighty G 80) 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 Used 28-Yard Front Load Solid Waste Truck is delivered to and accepted by the City of Kalispell. ARTICLE III - CONTRACT PRICE 3.01 Owner shall pay the Contractor for completion, delivery, and acceptance of the Used 28- Yard Front Load Solid Waste Truck in accordance with the Contract Documents in an amount equal to the sum of established limp sum prices in the total amount of ARTICLE IV - INSPECTION AND TESTING Used 28-Yard Front Load Solid Waste Tnick 00500-1 Agreement 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 party to do so, and deduct the cost and expense of such corrective action from the Contractor's Compensation. ARTICLE V - PAYMENT PROCEDURES 5.01 Submittal and Processing of Payment: The Contractor shall submit an Application for Payment to the City of Kalispell Public Works Department after the Used 28-Yard Front Load Solid Waste Track is delivered to and accepted by the Owner. The payment will be `��✓ processed in accordance with the Payable Schedule prepared by the Finance Department, k ARTICLE VI - 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. Used 28-Yard Front Load Solid Waste Truck 00500-2 Agreement ARTICLE VII - 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 operational, and in usable condition for its intended use. 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 operational at the time of acceptance of the Used 28-Yard Front Load Solid Waste Truck. Other express warranties on materials that provide for a warranty are not reduced by this provision. Upon receipt of Owner's written notice of defective or nonconforming condition at delivery, 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. 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. YkWw �a�v�t �rdvu c,�-c wwtf tS Used 28-Yard Front Load Solid Waste Truck 00500-3 Agreement ARTICLE VIII - 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. 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 IX - REPRESENTATIVES 9.01 City's Representative: The City's Representative for the purpose of this Contract shall be Gene Come, Road & Fleet 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 X - 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 and compliance with the Applicable Law provisions of this Contract. Used 28-Yard Front Load Solid Waste Truck 00500-4 Agreement ARTICLE XI - 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. 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 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 -Party 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 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. Used 28-Yard Front Load Solid Waste Truck 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 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: 1. Invitation for Bids 2. Instructions to Bidders 3. Minimum Specifications for 4. Used 28-Yard Front Load Solid Waste Truck 11.14 Integration: 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. Used 28-Yard Front Load Solid Waste Truck 00500-6 Agreement 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 A Municipal Corporation By Kalispell City Manager Attest (Signature) Address for giving notices: P.O. Box 1997 Kalispell, MT 59903 Phone No. 406-758-7720 (CORPORATE SEAL) Contractor-0W-1 TNCX kkk -f By .9-Y1 Attest (Signature) Address for giving notices: %%-A%j Phone No. (CORPORATE SEAL) Used 28-Yard Front Load Solid Waste Truck 00500-7 Agreement