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20 CY Leaf Vac Trailer ADVERTISEMENT FOR BIDS SPECIFICATIONS AND BIDDING DOCUMENTS 20 Cubic Yard Leaf Vacuum Trailer September 2025 Name of Bidder Address Telephone Number 20 Cubic Yard Leaf Vacuum Trailer 20 Cubic Yard Leaf Vacuum Trailer Kalispell, Montana The City of Kalispell, Montana will receive sealed bids for a 20 Cubic Yard Leaf Vacuum Trailer 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) 20 Cubic Yard Leaf Vacuum Trailer on the information and pricing provided in the bid schedules. Bid Schedule #1 includes the purchase of (1) new 20 Cubic Yard Leaf Vacuum Trailer. 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, and provide a Bid Bond. 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 20 Cubic Yard Leaf Vacuum Trailer shall be delivered to the City of Kalispell Central Garage at 1400 First Avenue West, Kalispell, MT 59901 within three hundred and sixty-six (366) days from the date of the Agreement. The new 20 Cubic Yard Leaf Vacuum Trailer can be delivered and paid for separately prior to the three hundred sixty-six (366) days. If the 20 Cubic Yard Leaf Vacuum Trailer is not delivered and operational within three hundred and sixty-six (366) days of the Agreement, the Bidder shall pay the City of Kalispell one hundred dollars ($100.00) for each day that expires until the 20 Cubic Yard Leaf Vacuum Trailer 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. Signature & Title Company Date TABLE OF CONTENTS 20 Cubic Yard Leaf Vacuum Trailer Table of Contents Title Number of Pages Cover Letter .....................................................................................1 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 ......................................................................3 00310 Equipment Specifications .....................................................5 00400 Bidder References .................................................................1 00500 Agreement .............................................................................7 Bid Bond ..........................................................................................2 COK-103 Notice of Award ..............................................................1 20 Cubic Yard Leaf Vacuum Trailer Preliminary Timetable PRELIMINARY TIMETABLE SEPTEMBER 21, 2025 PUBLISH ADVERTISEMENT FOR BIDS SEPTEMBER 28, 2025 PUBLISH ADVERTISEMENT FOR BIDS OCTOBER 9, 2025 OPEN BIDS – 1:30 PM OCTOBER 20, 2025 CITY COUNCIL AWARD BID OCTOBER 21, 2025 ISSUE NOTICE OF AWARD NOVEMBER 6, 2025 AGREEMENT SIGNED NOVEMBER 6, 2026 EQUIPMENT DELIVERY 20 Cubic Yard Leaf Vacuum Trailer 00100-1 Invitation for Bids SECTION 00100 INVITATION FOR BIDS The City of Kalispell, Montana will receive sealed bids for a 20 Cubic Yard Leaf Vacuum Trailer 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) 20 Cubic Yard Leaf Vacuum Trailer based on the information and pricing provided in the bid schedules. Bid Schedule #1 includes the purchase of (1) new 20 Cubic Yard Leaf Vacuum Trailer. Bidding documents may be examined at the City of Kalispell Public Works Department, 201 First Avenue East, Kalispell, Montana 59901. 406-758-7720. Bidding documents and specifications can also be examined beginning, September 21, 2025, through QuestCDN. QuestCDN is located using the City of Kalispell website at: www.kalispell.com/bids.aspx. In the left-hand navigation click on the project title, a page will open which will allow you to either view or download the plans and view or print the plan holders list. The City will only be accepting online electronic bids through QuestCDN. Electronic plan download and electronic bidding can be completed through QuestCDN for a fee of $42.00. To access the electronic bid form, download the project documents and click the online bidding button at the top of the advertisement. For electronic bids, scans of electronic bid documents will be accepted. Bids will be received by QuestCDN until 1:30 PM on Thursday, October 9, 2025. All bids will be publicly opened and read aloud at 1:30 PM on Thursday, October 9, 2025 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. 20 Cubic Yard Leaf Vacuum Trailer 00100-2 Invitation for Bids 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 18, 2025. City of Kalispell By __________________________________ Aimee Brunckhorst City Clerk Publish: September 21, 2025 September 28, 2025 20 Cubic Yard Leaf Vacuum Trailer 00150-1 Information for Bidders SECTION 00150 INFORMATION FOR BIDDERS The City of Kalispell is soliciting bids for one (1) 20 Cubic Yard Leaf Vacuum Trailer. The equipment bid must be complete and ready for immediate operation at delivery. The City will award the equipment based on the information and pricing provided with the bids 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 manufacturers’ 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 20 Cubic Yard Leaf Vacuum Trailer shall be delivered to the City of Kalispell Central Garage, 1400 First Avenue West, Kalispell, Montana 59901 within three hundred sixty-six (366) days from the date of the Contract. If the 20 Cubic Yard Leaf Vacuum Trailer is not delivered within three hundred sixty-six (366) 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 20 Cubic Yard Leaf Vacuum Trailer 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 20 Cubic Yard Leaf Vacuum Trailer 00200-1 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. 20 Cubic Yard Leaf Vacuum Trailer 00200-2 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 t o 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. 20 Cubic Yard Leaf Vacuum Trailer 00300-1 Bid Conditions SECTION 00300 BID CONDITIONS PROJECT IDENTIFICATION: Kalispell, Montana 20 Cubic Yard Leaf Vacuum Trailer THIS BID IS SUBMITTED TO: City of Kalispell 201 1st 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, 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. 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. 20 Cubic Yard Leaf Vacuum Trailer 00300-2 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 complete and full operational 20 Cubic Yard Leaf Vacuum Trailer in accordance with the specifications and the Contract Documents for the price as bid on QuestCDN. 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 Alternative(s) or any combination thereof. 20 Cubic Yard Leaf Vacuum Trailer 00300-3 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 20 Cubic Yard Leaf Vacuum Trailer 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. A. Required Bid security in the form of a Bid Bond identified in the Instructions to Bidders. 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. MINIMUM SPECIFICATIONS FOR 20 Cubic Yard Leaf Vacuum Trailer BIDDER SHALL COMPLETE BY CHECKING THE FOLLOWING. IF NOT COMPLIANT, STATE SPECIFICALLY THE ITEM BEING OFFERED. DESCRIPTION YES NO OFFERED 20 Cubic Yard Leaf Vacuum Trailer 00310-1 Equipment Specifications A. 20 CUBIC YARD LEAF VACUUM SPECIFACATIONS 1. Vacuum system shall be powered by a 74-horsepower engine or equivalent and shall be equipped with a secondary prescreen in front of OEM radiator screen.   __________ 2. All coolant hoses shall utilize silicone material.   __________ 3. Anti-freeze protection shall be minus forty (-40) degrees Fahrenheit or lower.   __________ 4. Engine and trailer shall utilize a twelve (12) Volt electrical system.   __________ 5. Fuel tank shall be minimum of 45 gallons and aluminum with a fuel level gauge visible at operator control panel.   __________ 6. It should be equipped with control panel monitor system for engine diagnostics including but not limited to; pressure, temperature, voltage, RPM, and low-level shutdown.   __________ 7. Engine shall be equipped with an hour meter.   __________ 8. Trailer shall be equipped with electric brakes with brake away system.   __________ 9. 8,000lbs minimum hydraulic operated tongue jack with adjustable foot.   __________ 10. Minimum two (2) axles rated at twelve thousand (12,000) lb. or higher shall be installed.   __________ 11. Both axles shall utilize synthetic lubricant.   __________ 12. Trailer shall be equipped with electronic backup alarm.   __________ 13. The trailer shall be equipped with a 10lbs ABC fire extinguisher.   __________ 14. The capacity of the body shall be twenty (20) cubic yards.   __________ 15. The outside body height shall not exceed twelve (12) feet.   __________ MINIMUM SPECIFICATIONS FOR 20 Cubic Yard Leaf Vacuum Trailer BIDDER SHALL COMPLETE BY CHECKING THE FOLLOWING. IF NOT COMPLIANT, STATE SPECIFICALLY THE ITEM BEING OFFERED. DESCRIPTION YES NO OFFERED 20 Cubic Yard Leaf Vacuum Trailer 00310-2 Equipment Specifications 16. The overall body length including tongue shall not exceed three hundred forty-three (343) inches.   __________ 17. The trailer shall be equipped with broom and shovel holders.   __________ 18. All hydraulic components shall be adequately sized and designed to maintain appropriate hydraulic oil temperature.   __________ 19. The hydraulic reservoir shall be equipped with a fluid level sight glass and low-level indicator.   __________ 20. Body shall be hydraulicly raised and lowered for dumping.   __________ 21. Tailgate shall be double hinged with hydraulic latching.   __________ 22. Transfluid coupler engagement for vacuum fan.   __________ 23. Enclosed operator station shall be positioned on trailer tongue or on curb side of trailer for visibility of driver and suction hose.   __________ 24. Boom functions to be controlled from the operator station through a proportionally controlled joystick.   __________ 25. Boom operation shall allow for vertical movement of 36” up and 24” down for cleaning ditches.   __________ 26. Boom shall have a 90-degree operating rang from operator minimum.   __________ 27. Pickup hose shall be 16 inches in diameter and minimum of 10 feet in length constructed out of heavy-duty rubber hose.   __________ 28. Pickup hose movement shall be with three-way hydraulic boom.   __________ 29. Trailer and collection hose shall be designed for curb side pickup.   __________ 30. Replaceable discharge elbow liner.   __________ MINIMUM SPECIFICATIONS FOR 20 Cubic Yard Leaf Vacuum Trailer BIDDER SHALL COMPLETE BY CHECKING THE FOLLOWING. IF NOT COMPLIANT, STATE SPECIFICALLY THE ITEM BEING OFFERED. DESCRIPTION YES NO OFFERED 20 Cubic Yard Leaf Vacuum Trailer 00310-3 Equipment Specifications 32 Cleanout door for blower housing.   __________ 33. Tarp system over leaf debris body.   __________ 31. The control system must include audible and visual warnings for the following safety options: Hydraulic Filter By-Pass Low Hydraulic Oil Level High Hydraulic Fluid Temperature   __________ 32. The control panel shall include visual and audible warnings for: Tailgate Open/Unlocked Body Raised   __________ 33. All parking lights, clearance lights, turn signal lights, and reflectors required by USDOT standards shall be installed.   __________ 34. All parking, clearance, and turn signal lights shall be LED.   __________ 35. Directional light bar mounted to rear door of body for traffic warning device.   __________ 36. All electrical wiring shall be in protective looms.   __________ 37. All wiring harness connectors shall meet or exceed IP67 waterproof specification.   __________ 38. The electrical system shall not have junction boxes or terminations that do not meet or exceed the IP697 specification.   __________ 39. All circuits shall be properly fused, wiring shall be color coded and numbered.   __________ MINIMUM SPECIFICATIONS FOR 20 Cubic Yard Leaf Vacuum Trailer BIDDER SHALL COMPLETE BY CHECKING THE FOLLOWING. IF NOT COMPLIANT, STATE SPECIFICALLY THE ITEM BEING OFFERED. DESCRIPTION YES NO OFFERED 20 Cubic Yard Leaf Vacuum Trailer 00310-4 Equipment Specifications B. MANUALS & TRAINING 1. One complete set of operators, parts, and service manuals to be supplied. Service manual MUST include wiring diagrams for all body functions and lights.   __________ 2. Provide eight (4) hours of training for operation, maintenance, and repairs of the entire unit, at no additional cost to the City of Kalispell. Location of training shall take place at the City of Kalispell’s Central Garage facilities and shall be scheduled within two weeks of delivery of unit to the City of Kalispell.   __________ C. WARRANTY 1. Warranty coverage of the engine and hydraulic system shall be a minimum of one (1) year.   __________ 2. Trailer and body warranty coverage shall be a minimum of one (1) year.   __________ 20 Cubic Yard Leaf Vacuum Trailer 00400-1 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: 20 Cubic Yard Leaf Vacuum Trailer 00500-1 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, 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 20 Cubic Yard Leaf Vacuum Trailer, 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 20 Cubic Yard Leaf Vacuum Trailer as indicated in the Specifications and Bidding Documents are of the essence of the Contract. 2.02 Days to achieve Completion and Delivery. The 20 Cubic Yard Leaf Vacuum Trailer shall be delivered to the City of Kalispell Central Garage, 1400 First Avenue West, Kalispell, MT 59901 within three hundred sixty-six (366) 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 20 Cubic Yard Leaf Vacuum Trailer 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 20 Cubic Yard Leaf Vacuum Trailer in accordance with the Contract Documents in an amount equal to the sum of established lump sum prices in the total amount of $_____________. 20 Cubic Yard Leaf Vacuum Trailer 00500-2 Agreement 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 Public Works Department after the 20 Cubic Yard Leaf Vacuum Trailer 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. 20 Cubic Yard Leaf Vacuum Trailer 00500-3 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 20 Cubic Yard Leaf Vacuum Trailer 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. 20 Cubic Yard Leaf Vacuum Trailer 00500-4 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 th e 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 Corne, 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. 20 Cubic Yard Leaf Vacuum Trailer 00500-5 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. 20 Cubic Yard Leaf Vacuum Trailer 00500-6 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 20 Cubic Yard Leaf Vacuum Trailer (4) 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. 20 Cubic Yard Leaf Vacuum Trailer 00500-7 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. 406-758-7720 Phone No. (CORPORATE SEAL) (CORPORATE SEAL)