Evidence Locker Storage Bid Invite and Information for Bidders
SPECIFICATIONS AND BIDDING DOCUMENTS
High-Density Storage System and Evidence Pass-Through
Lockers
January 2025
Name of Bidder
Address
Telephone Number
High-Density Storage System and Evidence Pass-Through Lockers Timetable
TABLE OF CONTENTS
Title Number of Pages Table of Contents (This Page) ..........................................................1
Preliminary Timetable ......................................................................1 00100 Invitation for Bids .................................................................2 00150 Information for Bidders ........................................................1 00200 Instructions to Bidders ..........................................................1 00300 Bid Conditions ......................................................................2
00310 Equipment Specifications .....................................................3 00400 Bidder References .................................................................1 00500 Agreement .............................................................................7 Bid Bond ..........................................................................................2
High-Density Storage System and Evidence Pass-Through Lockers Timetable
PRELIMINARY TIMETABLE
JANUARY 19, 2025 PUBLISH ADVERTISEMENT FOR BIDS
JANUARY 26, 2025 PUBLISH ADVERTISEMENT FOR BIDS FEBRUARY 4, 2025 OPEN BIDS – 2:00 PM FEBRUARY 18, 2025 CITY COUNCIL AWARD BID
FEBRUARY 19, 2025 ISSUE NOTICE OF AWARD MARCH 6, 2025 AGREEMENT SIGNED BY
TO BE DETERMINED EQUIPMENT DELIVERY AND INSTALLATION JULY 7, 2025 EQUIPMENT FULLY OPERATIONAL
High-Density Storage System and Evidence Pass-Through Lockers Instructions to Bidders
SECTION 00100
INVITATION FOR BIDS
The City of Kalispell, Montana will receive sealed bids for a High-Density Storage System to be used for Evidence Storage and Evidence Pass-Through Lockers including delivery and installation to meet or exceed the minimum specifications identified in this document. The City will purchase up to one (1) system and locker set based on the information and pricing provided in the bid.
Sealed bids shall be addressed to the City Clerk and entitled: Evidence Locker Storage. Bids will be received by the City Clerk at 201 First Avenue East, Kalispell, MT 59901 (PO Box 1997, 59903) until 2:00 P.M. on February 4, 2025, local time. Directly thereafter, bids will be opened in the First Floor Conference Room at City Hall, 201 First Avenue East, Kalispell, MT.
The bid must comply with the minimum specifications and system details attached to this invite. Bidders shall complete the attached form by checking compliance. A warranty must be included and outlined within the bid response and will be considered in the award decision. Please outline the timeframe in which the equipment and installation can be expected after award.
General questions pertaining to the project should be directed to Captain Ryan Bartholomew, 406-758-7793, email: rbartholomew@kalispell.com. The successful bidder will be required to abide by Federal and State laws, particularly Section 18-
2-401 et seq., M.C.A. (Montana Prevailing Wage Rates).
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 High-Density Storage System and
Evidence Pass-Through Lockers. Performance Bond shall be for 100% of the total contract price.
High-Density Storage System and Evidence Pass-Through Lockers Instructions to Bidders
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.
Authorization contingent upon order of the City Council of the City of Kalispell, Montana, in a regular meeting held on February 18, 2025.
City of Kalispell By ______________________
Aimee Brunckhorst
City Clerk
Publish: January 19, 2025 January 26, 2025
High-Density Storage System and Evidence Pass-Through Lockers Instructions to Bidders
SECTION 00150
INFORMATION FOR BIDDERS
The City of Kalispell is soliciting bids for a High-Density Storage System and Evidence Pass-Through Lockers. The equipment bid must be complete and ready for immediate operation after delivery and installation. 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 High-Density Storage System and Evidence Pass-Through Lockers shall be delivered to the City of Kalispell Police Evidence Storage Building, 306 First Avenue East, Kalispell, Montana 59901 within 120 days from the date of the Contract
understanding that bidder will need to coordinate with the contractor awarded the bid to complete a remodel of the building and will not be penalized for related delays out of there control. If the High-Density Storage System and Evidence Pass-Through Lockers is not delivered and installed within 120 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 High-Density Storage
System and Evidence Pass-Through Lockers is delivered to and accepted by the City of Kalispell.
I have read and understand the information and bidding requirements provided on this page.
Signature & Title Company Date
High-Density Storage System and Evidence Pass-Through Lockers Instructions to Bidders
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.
High-Density Storage System and Evidence Pass-Through Lockers 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 two (2) Contracts. Within fifteen (15) calendar days thereafter, the Successful Bidder shall sign the Agreement in both Contracts and deliver the two (2) 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.
High-Density Storage System and Evidence Pass-Through Lockers Bid Conditions
SECTION 00300
BID CONDITIONS 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, 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.
ARTICLE III: SUBMITTING THE BID
2.02 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 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.
2.03 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.
High-Density Storage System and Evidence Pass-Through Lockers Bid Conditions
ARTICLE III - DELIVERY
3.01 The Bidder will deliver complete and full operational High-Density Storage System and
Evidence Pass-Through Lockers in accordance with the specifications and the Contract
Documents for the price as bid.
3.02 The Owner reserves the right to reject any or all bids.
3.03 All bids will be evaluated on the basis of the sum of the Base Bid with or without
Alternative(s) or any combination thereof.
ARTICLE IIII: LIQUIDATED DAMAGES
3.04 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 High-Density Storage System and Evidence Pass-Through Lockers is delivered to and accepted by the City of Kalispell.
ARTICLE IV - BID DOCUMENTS 4.01 The following documents are attached to and made a condition of the Bid.
A. Required Bid security in the form of a Bid Bond identified in the Instructions to Bidders.
ARTICLE V - MEANING OF TERMS 5.01 The terms used in this Bid with initial capital letters have the meanings indicated in the
Instructions to Bidders.
ARTICLE VI - BID REJECTION The Owner reserves the right to reject any or all bids.
MINIMUM SPECIFICATIONS FOR
High-Density Storage System and Evidence Pass-Through Lockers BIDDER SHALL COMPLETE BY CHECKING THE FOLLOWING. IF NOT COMPLIANT, STATE SPECIFICALLY THE ITEM BEING OFFERED.
DESCRIPTION YES NO OFFERED
High-Density Storage System and Evidence Pass-Through Lockers Bid Conditions
HIGH-DENSITY BOX STORAGE SYSTEM
1. 28’ Long by 8’ Wide by 8’ Tall
2. Mechanical Assist
3. On rail or track system to level
Must level rail, add subfloor filler between rails
with Vinyl Composite Tile Covering. (Floorless
rails will not be accepted.) __________
4. Box Storage dimensions –
Banker Box – Length (L) - 24 ¼”, Width (W) –
11 ½”, Height (H) – 11” __________
5. Weapon Storage
6. Large Enough to include 200 Knife Boxes,
500 Pistol Boxes, and 200 Rifle Boxes
7. Knife Box – L -17”, W – 3 ½”, H – 2 ½”.
8. Pistol Box – L – 14 ½”, W – 8”, H – 2 ½”
9. Rifle Box – L – 50”, W – 8 ½”, H – 3 ¼”
EVIDENCE PASS-THROUGH LOCKERS:
10. 12’ Long by 24” Deep by 6’2 ¾” Height
11. Similar amount and size configuration as shown
on exhibit on next page.
12. Minimum 18-gauge metal
13. Fully enclosed compartments
14. Latch Mechanism that resides in the door and
frame __________
MINIMUM SPECIFICATIONS FOR
High-Density Storage System and Evidence Pass-Through Lockers BIDDER SHALL COMPLETE BY CHECKING THE FOLLOWING. IF NOT COMPLIANT, STATE SPECIFICALLY THE ITEM BEING OFFERED.
DESCRIPTION YES NO OFFERED
High-Density Storage System and Evidence Pass-Through Lockers Equipment Specifications
REFRIGERATOR/LOCKER MODULE: __________
15. Stainless Steel interior
16. Maintains controlled temperature 38 to 42
Degrees Fahrenheit
17. Digital Temperature Display
18. Audible Alarm for low and high temperature
warning
19. Locking system
20. Pass through
21. 115V
22. Number Tags on door
Warranty, Service, & Training
23. One set of both Service and Parts manuals shall
be provided for the equipment.
24. Warranty service shall be provided within a 50-
mile radius of the City of Kalispell.
a. Warranty coverage shall be a minimum
of one year.
b. 1 hour of operator training shall be
provided to the City of Kalispell
operators, on site. Training will go over
operation and regular maintenance
procedures.
c. 1 hour of maintenance training shall be
provided to the City of Kalispell.
MINIMUM SPECIFICATIONS FOR
High-Density Storage System and Evidence Pass-Through Lockers BIDDER SHALL COMPLETE BY CHECKING THE FOLLOWING. IF NOT COMPLIANT, STATE SPECIFICALLY THE ITEM BEING OFFERED.
DESCRIPTION YES NO OFFERED
High-Density Storage System and Evidence Pass-Through Lockers Equipment Specifications
EVIDENCE PASS-THROUGH LOCKERS CONFIGURATION Item 11
Training will go over maintenance
requirements and procedures.
d. Extended Warranty
High-Density Storage System and Evidence Pass-Through Lockers Bidder References
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:
High-Density Storage System and Evidence Pass-Through Lockers Agreement
SECTION 00500
AGREEMENT This Contract dated the _____ day of ___________ in the year 2025, by and between City of Kalispell, a Municipal Corporation, 201 First Avenue East, Kalispell, MT 59901 (Mailing: PO Box
1997, Kalispell, MT 599903), hereinafter called “Owner” and
_____________________________ , 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 High-Density Storage System and Evidence Pass-Through Lockers, complete and ready for
operation, to the City of Kalispell.
ARTICLE II - CONTRACT TIME 2.01 Time of the Essence.
All the time limits for completion and delivery of the High-Density Storage System and
Evidence Pass-Through Lockers as indicated in the Specifications and Bidding Documents are of the essence of the Contract. 2.02 Days to achieve Completion and Delivery.
The High-Density Storage System and Evidence Pass-Through Lockers shall be delivered
to the City of Kalispell Police Department Evidence Storage Building, 306 First Avenue, Kalispell, MT 59901 within one-hundred and twenty (120) calendar days from the effective date of the Contract. The City acknowledges that Contractor will need to coordinate with the Contractor hired to complete a remodel of the building and will not be held responsible
for related delays beyond their control.
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 High-Density Storage System and Evidence Pass-Through Lockers is delivered to and accepted by the City of Kalispell.
ARTICLE III - CONTRACT PRICE
High-Density Storage System and Evidence Pass-Through Lockers Agreement
3.01 Owner shall pay the Contractor for delivery, installation and acceptance of the High-Density Storage System and Evidence Pass-Through Lockers in accordance with the
Contract Documents in an amount equal to the sum of established lump sum prices in the
total amount of $_____________. ARTICLE IV - 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 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 Police Department after the High-Density Storage System and Evidence Pass-Through Lockers 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 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.
High-Density Storage System and Evidence Pass-Through Lockers 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 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 High-Density Storage System and Evidence
Pass-Through Lockers 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 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
High-Density Storage System and Evidence Pass-Through Lockers Agreement
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 Ryan Bartholomew, Police Captain, 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. 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
High-Density Storage System and Evidence Pass-Through Lockers Agreement
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.
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:
High-Density Storage System and Evidence Pass-Through Lockers Agreement
Invitation for Bids Instructions to Bidders
Minimum Specifications for
High-Density Storage System and Evidence Pass-Through Lockers Performance and Bid Bonds 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.
High-Density Storage System and Evidence Pass-Through Lockers 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 Contractor A Municipal Corporation
By By
Kalispell City Manager Attest Attest (Signature) (Signature)
Address for giving notices: Address for giving notices: P.O. Box 1997
Kalispell, MT 59903
Phone No. 406-758-7781 Phone No. (CORPORATE SEAL) (CORPORATE SEAL)