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Compact Excavator Bidding DocumentsSPECIFICATIONS AND BIDDING DOCUMENTS COMPACT EXCAVATOR January 2018 Name of Bidder Address Telephone Number TABLE OF CONTENTS CITY OF KALISPELL Compact Excavator Title No. of Pates Table of Contents (This Page)........................................................................ 1 Bidder's Checklist.......................................................................................... 1 00100 Invitation for Bids................................................................................ 2 00150 Information for Bidders....................................................................... 1 00200 Instructions to Bidders......................................................................... 2 00300 Bid Form.............................................................................................. 6 00310 Equipment Specifications.................................................................... 2 00400 References............................................................................................ 1 00500 Agreement............................................................................................ 7 BidBond......................................................................................................... 2 COK-101 Certificate of Substantial Completion ............................................ 1 COK-103 Notice of Award............................................................................. 1 Compact Excavator Table of Contents BIDDER'S CHECKLIST Please utilize this Bidder's Checklist prior to submitting your bid. Bid Bond/ Bid Security enclosed. Information for Bidders form signed and dated. Minimum Specification form completed. Bid Form completed, signed and dated. Specifications and Bidding Documents sealed in envelope and properly titled. Bid submitted prior to the required time at the specified location. OBTAIN ORIGINALLY BOUND SPECIFICATIONS AND BIDDING DOCUMENTS FROM THE CITY OF KALISPELL. LEAVE ALL SHEETS INTACT AS ORIGINALLY BOUND AND RETURN THE COMPLETE DOCUMENT IN A SEALED ENVELOPE FOR BIDDING PURPOSES. ALL BID DOCUMENTS AND BONDS MUST BE ORIGINALS. NO FAXED COPIES WILL BE ACCEPTED. Compact Excavator Bidder's Checklist SECTION 00100 INVITATION FOR BIDS The City of Kalispell, Montana will receive sealed bids for a Compact Excavator to meet or exceed the minimum specifications on file in the office of the Department of Public Works, City Hall, Kalispell, Montana. 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 further information may obtain the same from the City of Kalispell Public Works Department, 201 First Avenue East, Kalispell, Montana 59901, or by calling the City of Kalispell Public Works Department at 406-758-7720. Sealed bids shall be addressed to the City Clerk, P.O. Box 1997, Kalispell, Montana 59903-1997, and entitled: Compact Excavator. Bids will be received by the City Clerk, 201 First Avenue East, Kalispell, MT 59901 until 2:30 P.M. on February 6, 2018. All bids will be publicly opened and read aloud at 2:30 P.M. on February 6, 2018 in the Conference Room of City Hall, 201 First Avenue East, Kalispell, Montana. All bidders shall, as bid security, accompany the bid with lawful money of the United States, a cashier's check, certified check, bank money order, or bank draft, drawn and issued by a national bank located in Montana or by a banking corporation incorporated in Montana or a bid bond, or bonds, executed by a surety corporation authorized to do business in Montana, in the amount of ten percent (10%) of the 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 money, bank instrument or bid bond shall be returned to the unsuccessful bidders. All bids must expressly covenant that if the bidder shall be 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 be obligated to pay to 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 for a period of sixty (60) days after the scheduled time of receiving bids without the consent of the City Council. The Council reserves the right to reject any and all bids or to waive any technicality or informality and accept any bid which may be deemed in the best interest of the City. Evaluation of the bid(s) will include review of overall pricing for the Compact Excavator as well as review of provided specified components and will not be based on price alone. The City will accept the lowest responsible bid which most closely meets the required specifications. The successful bidder shall be required to abide by Federal and State laws. Compact Excavator 00100-1 Invitation For Bids Authorized by order of the City Council of the City of Kalispell, Montana, in a regular meeting held on August 21, 2017. Publish: January 24, 2018 January 31, 2018 City of Kalispell By A mee Brunckhor;t�s,,�QMC City Clerk \\%� c)RA la? 0 Compact Excavator 00100-2 Invitation For Bids INFORMATION FOR BIDDERS COMPACT EXCAVATOR The City of Kalispell is soliciting bids for a Compact Excavator. The equipment must be complete and ready for immediate operation at time of delivery. The City will consider both schedules received from all responsive bidders and will award either Schedule 41 or Schedule 42 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 total 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, and all items listed in the Bidders Checklist. The successful Bidder will be required to complete and sign the Agreement following award of the bid. 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 Compact Excavator shall be delivered to the City of Kalispell Central Garage, 1400 First Avenue West, Kalispell, Montana 59901 within sixty (60) days from the date of the Contract. If the Compact Excavator is not delivered within sixty (60) 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 Compact Excavator 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 Compact Excavator 00150-1 Information for 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. 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. Compact Excavator 00200-1 Instructions to Bidders ARTICLE III - APPLICATIONS 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. END OF SECTION Compact Excavator 00200 - 2 Instructions to Bidders SECTION 00300 BID FORM PROJECT IDENTIFICATION: COMPACT EXCAVATOR KALISPELL, MONTANA 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. The 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 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, other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged: Addendum No. Addendum Date Compact Excavator 00300 - 1 Bid Form 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 does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. D. Bidder has given the Owner written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by the Owner is acceptable to Bidder. E. The Bidding Documents are generally 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. 3.03 The Bidder certifies that no official of the Owner, or any member of such official's immediate family, has direct or indirect interest in the pecuniary profits or Contracts of the Bidder. ARTICLE IV - BID SHEET SCHEDULES 4.01 Bidder will complete the Work in accordance with the Contract Documents and the provisions below for the following price(s) as summarized in the Bid Sheet Schedule(s) hereinafter. A. Bidder will complete the Work for the price set forth in the following prices or lump sum bid. B. The Bidder agrees that all sales and use taxes are included in the stated bid prices for the work, unless provision is made herein for the Bidder to separately itemize the estimated amount of sales or use taxes. D. The Owner reserves the right to reject any or all bids. Compact Excavator 00300 - 2 Bid Form COMPACT EXCAVATOR KALISPELL, MONTANA BID SHEET The Bid for the following items shall be lump sum bids for individual schedules described in the Contract Documents, delivered complete and in place. The bid price shall include all equipment, materials, supplies, and labor necessary to construct, deliver, and/or pick up the items in accordance with the Contract Documents. Bidder shall write in "N/A" in the blank lines for any schedules which Bidder chooses not to submit a Bid on. SCHEDULE #1 — COMPACT EXCAVATOR — NO TRADE IN MAKE AND MODEL OF COMPACT EXCAVATOR: TOTAL BID PRICE (Figures): S TOTAL BID PRICE (Words): SCHEDULE #2 — COMPACT EXCAVATOR, LESS TRADE IN OF JOHN DEERE BACKHOE MAKE AND MODEL OF COMPACT EXCAVATOR: TOTAL BID PRICE (Figures): S TOTAL BID PRICE (Words): Compact Excavator 00300 - 3 Bid Form ARTICLE V - CONTRACT TIMES 5.01 The time of completion of the work is a basic consideration of the Contract. It will be necessary that the Bidder satisfy the Owner of his ability to complete the work within the stipulated number of days or prior to stipulated date. 5.02 The numbers of days within which, or the dates by which, the Work is to be (a) Substantially Completed and (b) also completed and ready for final payment are set forth in the Agreement. ARTICLE VI -LIQUIDATED DAMAGES 6.01 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 Compact Excavator is delivered to and accepted by the City of Kalispell. ARTICLE VII - BID DOCUMENTS 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid security in the amount of 10% of the maximum Bid price including alternates, if any, and in the form of a Bid Bond, as identified in the Instructions to Bidders. B. Information Required of Bidders. ARTICLE VIII -MEANING OF TERMS 8.01 The terms used in this Bid with initial capital letters have the meanings indicated in the Instructions to Bidders. ARTICLE IX - BID REJECTION 9.01 The Owner reserves the right to reject any or all bids. ARTICLE X - BID SUBMISSION SUBMITTED on Employer's Tax ID No.: 2018 Compact Excavator 00300 - 4 Bid Form If Bidder is: A Corporation Corporation Name: State of Incorporation: Type (General Business, Professional, Service, Limited Liability): By: (Signature -- attach evidence of authority to sign if not a Corporate officer) Name (typed or printed): Title: Attest: (Corporate Seal) (Signature of Secretary) Business address: Phone No.: FAX No.: Date of Qualification to do business [in Montana] is An Individual Name (typed or printed): By: (Individual's signature) Doing business as: Business address: Phone No.: A Partnership Name (typed or printed): By: (Individual's signature) Name (typed or printed): Business address: Phone No.: FAX No.: FAX No.: (seal) Compact Excavator 00300 - 5 Bid Form A Joint Venture (Each Joint Venture must sign.) Joint Venturer Name: (seal) (Signature ofjoint venture partner) Name (typed or printed): Title: Business address: Phone No.: Joint Venturer Name: By: FAX No.: (seal) (Signature ofjoint venture partner) Name (typed or printed): Title: Business address: Phone No.: FAX No.: Address of Joint Venture for Receipt of Official Communication: Address: Phone No.: FAX No.: (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above.) END OF SECTION 00300 Compact Excavator 00300 - 6 Bid Form MINIMUM SPECIFICATIONS FOR COMPACT EXCAVATOR BIDDER SHALL COMPLETE BY CHECKING THE FOLLOWING. IF NOT COMPLIANT, STATE SPECIFICALLY ITEM BEING OFFERED. DESCRIPTION Basic Specifications YES NO OFFERED A. New unused current model year (2017/2018) ❑ ❑ B. Operating weight 18,500-19,000 pounds ❑ ❑ C. Transport width 77' ❑ ❑ D. Minimum ground clearance of 13" ❑ ❑ E. Maximum digging depth at least 15'5" ❑ ❑ F. Rubber tracks ❑ ❑ G. Independent boom swing ❑ ❑ Engine and Electrical A. Engine shall be EPA Tier 4 Compliant ❑ ❑ B. Net diesel engine horsepower between 58-65 hp ❑ ❑ C. 203 cubic inch engine displacement ❑ ❑ D. Automatic engine idle when machine is not in use ❑ ❑ E. Fuel filter with water separator ❑ ❑ F. Dual element air filter ❑ ❑ G. Auto preheat cold start assist ❑ ❑ H. Overheat and low oil pressure engine protection ❑ ❑ I. 12 Volt operating and charging system ❑ ❑ J. 1 Cabin and 2 boom lights ❑ ❑ K. Rotating beacon ❑ ❑ L. Hour meter ❑ ❑ M. Laptop service port ❑ ❑ N. Self -diagnostic system ❑ ❑ Hydraulic and Lubrication A. Variable axial piston pump ❑ ❑ B. Load sensing pump control ❑ ❑ C. Pilot operated control valves ❑ ❑ D. Two way auxiliary hydraulics on boom with adjustable flow ❑ ❑ E. Boom lock valve ❑ ❑ F. Centralized boom swing greasing bank ❑ ❑ G. Hydraulic bucket quick coupler ❑ ❑ H. Hydraulic thumb ❑ ❑ Compact Excavator 00310-1 Equipment Specifications MINIMUM SPECIFICATIONS FOR COMPACT EXCAVATOR BIDDER SHALL COMPLETE BY CHECKING THE FOLLOWING. IF NOT COMPLIANT, STATE SPECIFICALLY ITEM BEING OFFERED. DESCRIPTION Cabin YES NO OFFERED A. All weather sound suppressed cabin ❑ ❑ B. ROPS/TOPS ❑ ❑ C. Front window with wiper and washer ❑ ❑ D. Safety glass ❑ ❑ E. Skylight ❑ ❑ F. Front window and skylight visor ❑ ❑ G. Pull up type front window ❑ ❑ H. Sliding side door windows ❑ ❑ L Lockable door ❑ ❑ J. Seat with safety belt, adjustable arm rest, height and recline ❑ ❑ K. Air conditioner and heater ❑ ❑ L. Color instrumentation panel ❑ ❑ M. AM/FM stereo with speakers ❑ ❑ N. 12 volt power socket ❑ ❑ O. Interior light ❑ ❑ P. Emergency breakout tool ❑ ❑ Controls A. Joystick controls with buttons for auxiliary and boom swing ❑ ❑ B. Blade control lever ❑ ❑ C. Engine speed control dial ❑ ❑ D. Travel pedals with hand levers ❑ ❑ E. SAE to ISO pattern control valve ❑ ❑ Special Provisions A. Operations, maintenance and parts manual included ❑ ❑ B. Availability of parts and service within 25 miles of Kalispell ❑ ❑ C. 30" digging bucket with side cutters and bolt on teeth ❑ ❑ D. 48" clean-up bucket with bolt on cutting edge ❑ ❑ Compact Excavator 00310-2 Equipment Specifications SECTION 00400 BIDDER REFERENCES The Bidder shall provide the following information for three equipment sales of a similar nature to the equipment currently being bid that the Bidder has completed within the past five years in the space provided below. EQUIPMENT 1 IDENTIFICATION: LOCATION: EQUIPMENT VALUE: CLIENT AND REFERENCE CONTACT: DESCRIPTION OF EOUIPMENT WITH ATTACHMENTS: EQUIPMENT 2 IDENTIFICATION: LOCATION: EQUIPMENT VALUE: CLIENT AND REFERENCE CONTACT: DESCRIPTION OF EOUIPMENT WITH ATTACHMENTS: EQUIPMENT 3 IDENTIFICATION: LOCATION: EQUIPMENT VALUE: CLIENT AND REFERENCE CONTACT: DESCRIPTION OF EQUIPMENT WITH ATTACHMENTS: Compact Excavator 00400 - 1 Bidder References SECTION 00500 AGREEMENT This Contract dated the day of in the year 20 , 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 the City of Kalispell complete and ready for operation a Compact Excavator. ARTICLE II- CONTRACT TIME 2.01 Time of the Essence. All the time limits for completion and delivery of the Compact Excavator as indicated in the Specifications and Bidding Documents are of the essence of the Contract. 2.02 Days to achieve Completion and Delivery. The Compact Excavator shall be delivered to the City of Kalispell Shop, 1400 First Avenue West, Kalispell, MT 59901 within Six 60 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 Compact Excavator 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 Compact Excavator in accordance with the Contract Documents in an amount equal to the sum of established lump sum prices in the total amount of Compact Excavator 00500-1 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 part 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 Compact Excavator 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. Compact Excavator 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 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 of beginning from the time of acceptance of the Compact Excavator 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 VII- 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. Compact Excavator 00500-3 Agreement 8.02 In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within ten (10) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. ARTICLE IX- REPRESENTATIVES: 9.01 City's Representative: The City's Representative for the purpose of this Contract shall be Joe Schrader, Utility Management 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 10.1 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. 10.2 If the parties are unable to resolve the dispute within thirty (30) days from date the dispute was first raised, then such dispute shall be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Contract. Compact Excavator 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 particular paragraphs to which they refer. 11.03 Waiver: A waiver by Owner of any default or breach by Contractor of any covenants, terms, or conditions of this Contract shall not limit Owner's right to enforce such covenants, terms, or conditions or to pursue Owner's rights in the event of any subsequent default breach. 11.04 Severability: If any portion of this Contract shall be held to be void or unenforceable, the balance thereof shall continue to be effective. 11.05 Applicable Law: The parties agree that this Contract shall be governed in all respects by the laws of the State of Montana and the parties expressly agree that venue shall be in Flathead County, Montana, and no other venue. 11.06 Binding Effect: This Contract shall be binding upon and shall inure to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 11.07 Amendments: This Contract shall not be modified, amended, or changed in any respect except by a written document signed by all parties. 11.08 No Third Part Beneficiary: This Contract is for the exclusive benefit of the parties and shall not constitute a third party beneficiary agreement and shall not be relied upon or enforced by a third party. 11.09 Counterparts: This Contract may be executed in counterparts, which together shall constitute one instrument. 11.10 Assignment: Contractor shall not assign this Contract in whole or in part without the prior written consent of the Owner. No assignment shall relieve Contractor of its responsibility for the performance of the Contract and the completion of the Contract. Contractor shall not assign to any third party other than Contractor's subcontractors on the Contract, the right to receive monies due from Owner without the prior written consent of City. 11.11 Authority: Each party represents that it has full power and authority to enter into and perform this Contract and the person signing this Contract on behalf of each party has been properly authorized and empowered to sign this Contract. Compact Excavator 00500-5 Agreement 11.12 Independent Contractor: The parties agree and acknowledge that in the performance of this Contract and the completion of the Contract, Contractor shall render services as an independent contractor and not as the agent, representative, subcontractor, or employee of the Owner. The parties further agree that all individuals and companies retained by Contractor shall at all times be considered the agents, employees, or independent contractors of Contractor and shall at no time be the employees, agents, or representatives of the Owner. 11.13 Contract Documents: All work on the Contract shall be performed by Contractor in accordance with all of the terms and conditions of this Contract and all documents attached hereto, which documents shall consist of the following and are incorporated herein by this reference: Invitation For Bids Instructions to Bidders Bid Form Minimum Specifications for Compact Excavator 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. IN WITNESS WHEREOF, Owner and Contractor have signed three (3) copies of the Contract. Two (2) counterparts have been delivered to Owner and one (1) counterparts to Contractor. All portions of the Specifications and Contract Documents have been signed or identified by Owner and Contractor. This Contract will be effective on Owner City of Kalispell Contractor A Municipal Corporation By Kalispell City Manager Attest (Signature) an Attest (Signature) Compact Excavator 00500-6 Agreement Address for giving notices: P.O. Box 1997 Kalispell, MT 59903 Phone No. 406-758-7720 (CORPORATE SEAL) Address for giving notices: Phone No. (CORPORATE SEAL) Compact Excavator 00500-7 Agreement MWAIRZ111004 1.31 HHUMMEMEMIRM =1 W Oil MAU M 024A, I OWNE k (Name and Address). M 131 IM-143-0 C Bid Due Date: Description (Project Name and Include Location) - BOND and Nurnbev,, Date (Not earfier than Did due date): Penal sum $ (Words) (Figures) Surety and Bidder, intending, to be legally bound hereb, subject to the to set forth below, do each cause this Bid and to be duly executed by an authorized officer, agent, or representative. BIDDER Bidder's Naine and Corporate Seal B y, Signature Print Name Title Attest Signature S URFZY (Seal) (Sea]) Surety's Name and Corporate Sea] BY: Signature (Attach Power of Attorney) Print Name Tide Signature Title Title Note: Above, addresses are to be usedfor giving any requirednotice. Provide execution by any additional' pqrdes, Butch as"Dieu 'venturers YneceM', EJ C-430 old Bond (Nnall Sum Forna) Nvpand by the bigin"n Joint Contract IZIMM"to Canywftee. *1 of 2 PENAL SUM FORM 1. Bidder and Surety, jointly and severally, bind themselves,, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth, on the face of this, Bond, Payment of the penal surn is the extent of Bidder's and Surety's liability. Recovery of such penal sum under the terms of this Bond, shall be Owner's sole and exclusive remedy upon, default of Bidder. 2, Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents for any extension thereof agreed to in writing by Owner) the, executed Agreement required by the Bidding Docurnents and any performance and payment bonds required by the Bidding Documents, 3, This obligation shall, be null and void & 3A Owner accepts Bidder's Bid and Bidder delivers, within the time required by the Bidding Documents or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the BiddingDocuments, or 3,2 All Bids are rejected by Owner, or 3.3 Owner fails to issue a Notice of Award toffidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable,, consented to by Surety when required by Paragraph 5 hereof), 4, Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due, 5. Surety waives notice of any and all defenses based on or arising out of any titne extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including, extensions shall not in, the aggregate exceed 120 days from Bid due date without Surety's written consent. 6, No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in; Paragraph 4 above is received by Bidder and, Surety and in no case later than one year after Bid due date. 7Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in, the state, in which the: Project is locate& 8. Notices required hereunder shall be in writing, and sent to Bidder and Surety at their respective addresses shown on the face of this Hond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre -paid, and shall be deemed to he effective upon receipt by the party concerned. 9, Surety shall cause to be attacbed to this Bond a current and effective Power of Attorney evidencing, the authority of the, officer, agent, or, representative who executed this Bond on, behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all, applicable statutory requirements. Any applicable requirement of any applicable statute that has, been omitted from this, Bond shall be deemed to be included herein as, if set forth at length, If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect, 11. The term "Bid" as used herein includes a Bid, oMr, or proposal as applicable. QCDC C430 Bid Bond (10mod Sum Forall) Pr#PUW 11 OW 9491attrS JWM Cantr4d DKVnWnU COOMIMM, 0-1 CERTIFICATE OF SUBSTANTIAL COMPLETION DATE OF ISSUANCE: OWNER City of Kalispell CONTRACTOR PROJECT Compact Excavator This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: The work to which this Certificate applies has been inspected by authorized representatives of OWNER and CONTRACTOR, and that Work is hereby declared to be substantially complete in accordance with the Contract Documents on DATE OF SUBSTANTIAL COMPLETION The date of Substantial Completion of the Contract is the date of commencement of warranties required by the Contract Documents. A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within 15 days of the above date of Substantial Completion Issuance. If Final Completion is not reached within the stated time, contract times and any associated liquidated damages will continue. The following documents are attached to and made part of this Certificate: This Certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Accepted by Contractor Accepted by Owner Date Date NOTICE OF AWARD Dated: TO: (BIDDER) ADDRESS: PROJECT: Compact Excavator You are notified that your Bid dated for the above Contract has been considered. You are the Successful Bidder and have been awarded a contract for: The Contract Price of vour contract is: Dollars 3 copies of each of the proposed Contract Documents accompany this Notice of Award. You must comply with the following conditions precedent within fifteen days of the date of this Notice of Award, which is by 1. Deliver to the OWNER three 3 fully executed counterparts of the Contract Documents. Deliver with the executed Contract Documents the Contract security (Bonds) as specified in the Instructions to Bidders 3. (Other conditions precedent). Failure to comply with these conditions within the time specified will entitle OWNER to consider you in default, annul this Notice of Award, and declare your Bid security forfeited. Within fifteen days after you comply with the above conditions, OWNER will return to you two fully executed counterparts of the Contract Documents. City of Kalispell (OWNER) By: (AUTHORIZED SIGNATURE) (TITLE)