Sludge Truck Invitation to BidSPECIFICATIONS AND BIDDING DOCUMENTS
Wastewater Treatment Plant Sludge Truck Chassis
CITY OF
ALISPELL
February 2021
Name of Bidder
Address
Telephone Number
CITY OF
KALISPELL
Wastewater Treatment Plant Sludge Truck Chassis
Kalispell, Montana
The City of Kalispell, Montana is soliciting bids for a Wastewater Treatment Plant Sludge Truck
Chassis. The equipment bid must be complete and ready for immediate operation upon delivery.
The City will purchase up to one (1) truck Cab and Chassis based on the information and pricing
provided with the bids.
All bidders are required to submit Lump Sum costs for the equipment bid as listed in the
following Documents.
The contractor will have 170 consecutive calendar days from the Notice to Proceed to deliver the
equipment.
Bids will be received by the City until 2:45 PM on Friday, March 5, 2021. All bids will
be publicly opened and read aloud at 2:45 PM on Friday, March 5, 2021 in the Main Level City
Hall Conference Room, 201 First Avenue East, Kalispell, Montana 59901.
Please direct all questions to Gene Come at 406-758-7723. The City of Kalispell looks forward
to receiving your bid.
Sincerely,
Gene Come
Road and Fleet Superintendent
Wastewater Treatment Plant Sludge Truck Chassis
TABLE OF CONTENTS
Title
Number of Pages
CoverLetter.....................................................................................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 .....................................................7
00400 Bidder References.................................................................1
00500 Agreement.............................................................................7
BidBond..........................................................................................2
COK-103 Notice of Award..............................................................1
Wastewater Treatment Plant Sludge Truck Chassis Table of Contents
PRELIMINARY TIMETABLE
FEBRUARY 21, 2021 PUBLISH ADVERTISEMENT FOR BIDS
FEBRUARY 28, 2021 PUBLISH ADVERTISEMENT FOR BIDS
MARCH 5, 2021 OPEN BIDS — 2:45 PM
MARCH 15, 2021 CITY COUNCIL AWARD BID
MARCH 16, 2021 ISSUE NOTICE OF AWARD
MARCH 31, 2021 AGREEMENT SIGNED
AUGUST 17, 2021 EQUIPMENT DELIVERY
Wastewater Treatment Plant Sludge Truck Chassis Preliminary Timetable
SECTION 00100
INVITATION FOR BIDS
The City of Kalispell, Montana will receive sealed bids for a Wastewater Treatment Plant Sludge
Truck Chassis 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) truck based
on the information and pricing provided.
Bidding documents may be examined at the City of Kalispell Public Works Department, 201 First
Avenue East, Kalispell, Montana 59901.
Bidding documents and specifications can also be examined beginning, February 21, 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 $30.00. 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 2:45 PM on Friday, March 5, 2021. All bids will be
publicly opened and read aloud at 2:45 PM on Friday, March 5, 2021 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.
Wastewater Treatment Plant Sludge Truck Chassis 00100-1 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
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.
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 29, 2020.
City of Kalispell
Aimee Brunckhorst, CMC
City Clerk -
Publish: February 21, 2021
February 28, 2021
Wastewater Treatment Plant Sludge Truck Chassis 00100-2 Invitation for Bids
SECTION 00150
INFORMATION FOR BIDDERS
The City of Kalispell is soliciting bids for a Wastewater Treatment Plant Sludge Truck Chassis.
The equipment bid must be complete and ready for immediate operation at delivery. The City will
purchase the equipment based on the information and pricing provided with the bids.
The cost of all equipment and components not specifically required by these Specifications and
Bidding Documents but which are required for the complete and operational system offered, shall
be included with the unit and be represented in the final bid price of the bidder. All manufacturer's
standard equipment and options shall be provided and included in the final bid price of the bidder.
It is the bidder's responsibility to carefully examine each item of the specifications. Failure to
submit a complete bid or failure to respond to each bid item may cause the bid to be rejected. Any
deviations from the specifications of the solicitation shall be fully described. The bidder shall
include a separate sheet if necessary, in order to accurately describe deviations.
Bidders shall complete this form as well as the Minimum Specifications Checklist, 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 Wastewater Treatment Plant Sludge Truck Chassis shall be
delivered to the City of Kalispell Central Garage, 1400 First Avenue West, Kalispell, Montana
59901 within one hundred seventy (17QJ days from the date of the Contract. If the Wastewater
Treatment Plant Sludge Truck Chassis is not delivered within one hundred seventy (170)� 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 Wastewater Treatment Plant Sludge Truck Chassis 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
Wastewater Treatment Plant Sludge Truck Chassis 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.
Wastewater Treatment Plant Sludge Truck Chassis 00200-1 Instructions to Bidders
ARTICLE II - SIGNING OF AGREEMENT
2.01 When the Owner gives a Notice of Award to the Successful Bidder, it shall be accompanied
by three (3) Contracts. Within fifteen (15) calendar days thereafter, the Successful Bidder shall
sign the Agreement in all three (3) Contracts and deliver the three (3) Contracts to the Owner.
Within fifteen (15) calendar days thereafter the Owner shall deliver one (1) Contract with the
Agreement signed by the City Manager to the Successful Bidder.
ARTICLE III - APPLICATION FOR PAYMENT
3.01 The City issues checks in accordance with the payable schedule prepared by the Finance
Department. Applications for Payment shall be submitted at least fifteen (15) days prior to the next
scheduled issuance of checks in order to allow sufficient time for review and processing.
Wastewater Treatment Plant Sludge Truck Chassis 00200-2 Instructions to Bidders
SECTION 00300
BID CONDITIONS
PROJECT IDENTIFICATION:
Kalispell, Montana
Wastewater Treatment Plant Sludge Truck Chassis
THIS BID IS SUBMITTED TO:
City of Kalispell
201 Pt 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.
Wastewater Treatment Plant Sludge Truck Chassis 00300-1 Bid Conditions
ARTICLE III - SUBMITTING THE BID
3.01 In submitting this Bid, Bidder represents, as set forth in the Agreement, that:
A. Bidder has examined and carefully studied the Bidding Documents and other related data
identified in the Bidding Documents.
B. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and
Regulations that may affect cost, progress, and performance of the Work-
C. Bidder has given Owner written notice of all conflicts, errors, ambiguities, or discrepancies
that Bidder has discovered in the Bidding Documents, and the written resolution thereof
by Owner is acceptable to Bidder.
D. The Bidding Documents are sufficient to indicate and convey understanding of all terms
and conditions for the performance of the Work for which this Bid is submitted.
3.02 Bidder further represents that this Bid is genuine and not made in the interest of or on
behalf of any undisclosed individual or entity and is not submitted in conformity with any
agreement or rules of any group, association, organization, or corporation; Bidder has not
directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid;
Bidder has not solicited or induced any individual, firm, or entity to refrain from bidding;
and Bidder has not sought by collusion to obtain for itself any advantage over any other
Bidder or over Owner.
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 - DELIVERY
4.01 The Bidder will deliver complete and full operational Wastewater Treatment Plant Sludge
Truck Chassis 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.
Wastewater Treatment Plant Sludge Truck Chassis 00300-2 Bid Conditions
ARTICLE V -LIQUIDATED DAMAGES
5.01 Owner and Contractor recognize that time is of the essence of this Contract. Owner and
Contractor also recognize the delays, expense and difficulties involved in proving in a
legal or arbitration preceding the actual loss suffered by Owner if the Work is not
completed on time. Accordingly, instead of requiring any such proof, Owner and
Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor
shall pay Owner one hundred dollars ($100.00) for each calendar day that expires until
the Wastewater Treatment Plant Sludge Truck Chassis 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.
Wastewater Treatment Plant Sludge Truck Chassis 00300-3 Bid Conditions
MINIMUM SPECIFICATIONS FOR
Wastewater Treatment Plant Sludge Truck Chassis
BIDDER SHALL COMPLETE BY CHECKING THE FOLLOWING.
IF NOT COMPLIANT, STATE SPECIFICALLY THE ITEM BEING OFFERED.
DESCRIPTION
YES NO OFFERED
CAB & CHASSIS SPECIFICATION
A. TRUCK
1. Cab & chassis shall be a 2021 model or newer.
❑ ❑
B. CAPACITY
1. Truck shall have an eighty thousand (80,000) lbs. minimum
GCW manufacturers rating.
❑ ❑
C. ENGINE
1. Truck shall be powered by a Cummins ISX fifteen (15) Liter
five hundred and twenty-five (525) horsepower engine or
equivalent and shall be equipped with a Compression Release
Brake.
❑ ❑
2. All coolant hoses shall utilize silicone material.
❑ ❑
3. Anti -freeze protection shall be minus forty (-40) degrees
Fahrenheit or lower.
❑ ❑
4. Engine shall be equipped with a one hundred twenty (120)
volt block heater.
❑ ❑
D. TRANSMISSION
1. Truck shall be equipped with an Allison automatic
transmission.
❑ ❑
2. An oil to water type transmission cooler shall be installed.
❑ ❑
3. The transmission shall use synthetic lubricant.
❑ ❑
4. Transmission shall have provisions to mount a PTO.
❑ ❑
Wastewater Treatment Plant Sludge Truck Chassis 00310-1 Equipment Specifications
MINIMUM SPECIFICATIONS FOR
Wastewater Treatment Plant Sludge Truck Chassis
BIDDER SHALL COMPLETE BY CHECKING THE FOLLOWING.
IF NOT COMPLIANT, STATE SPECIFICALLY THE ITEM BEING OFFERED,
DESCRIPTION
YES NO OFFERED
E. EQUIPMENT
1.
Truck shall utilize a twelve (12) Volt electrical system.
❑ ❑
2.
At least three (3) group thirty-one (31), twelve (12) volt
batteries shall be installed in a frame mounted battery box
mounted to the left side of the frame, the battery box shall
include a cover.
❑ ❑
3.
Fuel tank shall have a minimum capacity of seventy-five (75)
gallons.
❑ ❑
4.
Truck shall be equipped with a polished aluminum front
bumper.
❑ ❑
5.
A single vertical exhaust pipe/stack shall be installed.
❑ ❑
6.
Exhaust system shall be shielded to protect all cab & body
components from heat.
❑ ❑
F. FRONT AXLE
1.
A Dana Spicer or equivalent fourteen thousand six hundred
(14,600) lb. steer axle shall be installed.
❑ ❑
2.
Truck shall be equipped with air disc brakes.
❑ ❑
3.
Front leaf spring suspension rated for fourteen thousand six
hundred (14,600) lbs. shall be installed.
❑ ❑
4.
Oil bath hubs shall be installed with clear end caps to view oil
I eve 1.
❑ ❑
5.
Oil bath hubs shall utilize synthetic lubricant.
❑ ❑
G. REAR AXLE
1.
Dana Spicer or equivalent forty thousand (40,000) lb. or
higher drive axles shall be installed.
❑ ❑
2.
Truck shall be equipped with air disc brakes and both drive
axles shall be equipped with parking brakes.
❑ ❑
Wastewater Treatment Plant Sludge Truck Chassis 00310-2 Equipment Specifications
MINIMUM SPECIFICATIONS FOR
Wastewater Treatment Plant Sludge Truck Chassis
BIDDER SHALL COMPLETE BY CHECKING THE FOLLOWING.
IF NOT COMPLIANT, STATE SPECIFICALLY THE ITEM BEING OFFERED,
DESCRIPTION
YES NO OFFERED
3.
Rear suspension shall utilize air suspension rated for forty
thousand (40,000) lbs. or higher.
❑ ❑
4.
Both front and rear drive axles shall be equipped with locking
differentials with switches located within easy reach of the
driver in the cab.
❑ ❑
5.
Both drive axles shall utilize synthetic lubricant.
❑ ❑
H. PUSHER AXLE
1.
A Watson-Chalin SL1190SSR thirteen thousand five hundred
(13,500) lb. (or equivalent) pusher axle shall be installed.
❑ ❑
2.
The pusher axle shall be a self -steering design.
❑ ❑
3.
Pusher axle installation shall include an additional air tank.
❑ ❑
4.
The pusher axle operation system shall move the axle to the
raised position when the parking brakes are applied
regardless of the position of the in dash pusher axle switch.
❑ ❑
5.
The pusher axle shall be equipped with air disc brakes.
❑ ❑
I. TIRES & WHEELS
1.
Truck shall be equipped with 12R22.5 steer tires and
aluminum wheels installed on the front steer axle.
❑ ❑
2.
Truck shall be equipped with 11R22.5 drive tires and
aluminum wheels installed on both rear drive axles.
❑ ❑
3.
Truck shall be equipped with 22.5" aluminum wheels and
appropriately sized tires installed on the pusher axle.
❑ ❑
J. CAB EXTERIOR
1.
Truck shall be equipped with grab handles installed on both
left and right sides.
❑ ❑
2.
Twin air horns shall be mounted to the top of the cab.
❑ ❑
3.
Truck shall be equipped with an electric horn.
❑ ❑
Wastewater Treatment Plant Sludge Truck Chassis 00310-3 Equipment Specifications
MINIMUM SPECIFICATIONS FOR
Wastewater Treatment Plant Sludge Truck Chassis
BIDDER SHALL COMPLETE BY CHECKING THE FOLLOWING.
IF NOT COMPLIANT, STATE SPECIFICALLY THE ITEM BEING OFFERED,
DESCRIPTION
YES NO OFFERED
4.
Heated mirrors shall be installed on both left and right sides.
❑ ❑
5.
Truck shall have convex mirrors on the top and bottom of
both left and right -side mirrors.
❑ ❑
6.
Truck shall be painted white in color.
❑ ❑
7.
A metal outside sun visor shall be installed.
❑ ❑
K. CAB INTERIOR
1.
Both doors shall be equipped with arm rests.
❑ ❑
2.
Truck shall be equipped with an HVAC system which includes
manually selectable defrost, dash vent, and floor vent modes,
as well as manually selectable temperature control.
❑ ❑
3.
Cab shall be insulated for operation in cold climates.
❑ ❑
4.
A sears C2 air suspension driver seat or equivalent shall be
installed.
❑ ❑
5.
All seat covering material shall be fabric.
❑ ❑
6.
Truck shall be equipped with an interior sun visor.
❑ ❑
7.
Truck shall be equipped with an engine protection system
featuring audible alarms, visual alarms, and automatic
shutdown for:
Low Oil Pressure, Low Water Level, and Engine Overheat.
❑ ❑
8.
Truck shall be equipped with an electronic hour meter.
❑ ❑
9.
Gauge cluster shall be equipped with tachometer, coolant
temperature gauge, oil pressure gauge, voltage gauge, fuel
gauge, and speedometer read in Miles per Hour.
❑ ❑
10. Truck shall be equipped with audible and visual alarms for
transmission fluid level and temperature.
❑ ❑
11. Truck shall be equipped with power windows on both left and
right sides.
❑ ❑
12. Grab handles shall be mounted on both left and right sides.
❑ ❑
Wastewater Treatment Plant Sludge Truck Chassis 00310-4 Equipment Specifications
MINIMUM SPECIFICATIONS FOR
Wastewater Treatment Plant Sludge Truck Chassis
BIDDER SHALL COMPLETE BY CHECKING THE FOLLOWING.
IF NOT COMPLIANT, STATE SPECIFICALLY THE ITEM BEING OFFERED,
DESCRIPTION
YES NO OFFERED
13. A cab mounted fire extinguisher shall be installed.
❑ ❑
14. Truck shall have safety triangles securely mounted in the cab.
❑ ❑
L. LIGHTING
1. LED headlights featuring high and low settings shall be
installed.
❑ ❑
2. All parking lights, clearance lights, turn signal lights, and
reflectors required by USDOT standards shall be installed.
❑ ❑
3. All parking, clearance, and turn signal lights shall be LED.
❑ ❑
M. RADIO/MISC
1. Truck shall be equipped with radio featuring AM/FM band,
three-point five (3.5) millimeter aux input, and Bluetooth
connectivity.
❑ ❑
2. Radio shall output to stereo speakers.
❑ ❑
3. Truck shall be equipped with electric motor windshield
wipers and sprayers. Wiper control shall include high, low,
and intermittent speeds.
❑ ❑
4. Ignition and door locks shall be operated by a single key and
two sets of keys shall be included with the vehicle.
❑ ❑
N. CHASSIS
1. ALL cab, bumper, and axle measurements shall meet the
specifications displayed in the image and table on the page
00310-6 & 00310-7.
❑ ❑
Wastewater Treatment Plant Sludge Truck Chassis 00310-5 Equipment Specifications
MINIMUM SPECIFICATIONS FOR
Wastewater Treatment Plant Sludge Truck Chassis
BIDDER SHALL COMPLETE BY CHECKING THE FOLLOWING.
IF NOT COMPLIANT, STATE SPECIFICALLY THE ITEM BEING OFFERED.
DESCRIPTION
1. 3
109-73
1.&-35.63-11
47 " 23---" 74, 1
YES NO OFFERED
Fame Length
I Rear Axle Rear Ade
Fuse. Rear, Axle Center
14E 7o-
270
3-75, 6
3 3
Wastewater Treatment Plant Sludge Truck Chassis 00310-6 Equipment Specifications
MINIMUM SPECIFICATIONS FOR
Wastewater Treatment Plant Sludge Truck Chassis
BIDDER SHALL COMPLETE BY CHECKING THE FOLLOWING.
IF NOT COMPLIANT, STATE SPECIFICALLY THE ITEM BEING OFFERED.
DESCRIPTION
YES
NO OFFERED
1). J 1 L) f I
I l I L-� t Al
St^a r�FF
ttid,
JC111t)
54
193
247
1,111 p t. t n r-1 C 4 n -1 C,-1 [I
1A
1'_ U
-4 7. 2? 3
74,, 1
B i.- r I i j,a r t F r 1),, iit.A
1
11 23
A 7, -)3
0
P,) tj t o F i o r i t Fr 1111 k!
11.6
4 7.21 3
45.63
C {gib tO Erid o
1 S.9
74- 1
�01)
14 5.9
14 1
2 20
Eft"ectivc did uper to Bay c Of Cah
1211.33
-17- 2 3
74.1
Fr�itit:
3.2 � 5, 6 3
-35.63
219 0
Ff-cirit AJ7--' to Bzqc!.� of CL-11)
7
74 1
Ftorl of Frattie to Axle.,
6 3
-3563
0
Over-all Length
3 7. �3
.4 7 .2
290
10
22)()
-Inc)
A
�)�]-r;lw,r Offc;r:A 1
193
Pusher Offvt -I.
193
LE.
Plrs!'Ier- Off-s'el
0
1 r) "t
2 2- 0
T::-i c) 0 f f
0
2 2 0
-) I
r- i
'22
Wastewater Treatment Plant Sludge Truck Chassis 00310-7 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 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:
Wastewater Treatment Plant Sludge Truck Chassis 00400-1 Bidder References
SECTION 00500
AGREEMENT
This Contract dated the day of in the year 2021, 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
Wastewater Treatment Plant Sludge Truck Chassis, 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 Wastewater Treatment Plant Sludge
Truck Chassis as indicated in the Specifications and Bidding Documents are of the essence
of the Contract.
2.02 Days to achieve Completion and Delivery.
The Wastewater Treatment Plant Sludge Truck Chassis shall be delivered to the City of
Kalispell Central Garage, 1400 First Avenue West, Kalispell, MT 59901 within one
hundred seventy (1701 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 Wastewater Treatment Plant
Sludge Truck Chassis 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 Wastewater
Treatment Plant Sludge Truck Chassis in accordance with the Contract Documents in an
amount equal to the sum of established lump sum prices in the total amount of
Wastewater Treatment Plant Sludge Truck Chassis 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 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 Wastewater Treatment
Plant Sludge Truck Chassis 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.
Wastewater Treatment Plant Sludge Truck Chassis 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
beginning from the time of acceptance of the Wastewater Treatment Plant Sludge Truck
Chassis 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.
Wastewater Treatment Plant Sludge Truck Chassis 00500-3 Agreement
ARTICLE VIII - LIMITATION ON CONTRACTOR'S DAMAGES
8.01 In the event of a claim for damages by Contractor under this Contract, Contractor's
damages shall be limited to contract damages and Contractor hereby expressly waives any
right to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature or kind.
8.02 In the event Contractor wants to assert a claim for damages of any kind or nature,
Contractor shall provide City with written notice of its claim, the facts and circumstances
surrounding and giving rise to the claim, and the total amount of damages sought by the
claim, within ten (10) days of the facts and circumstances giving rise to the claim. In the
event Contractor fails to provide such notice, Contractor shall waive all rights to assert
such calm.
ARTICLE IX - REPRESENTATIVES
9.01 City's Representative: The City's Representative for the purpose of this Contract shall be
Gene Come, Road & Fleet Superintendent, or such other person as City shall designate in
writing. Whenever approval or authorization from or communication or submission to City
is required by this Contract, such communication or submission shall be directed to City's
Representative and approvals or authorizations shall be issued only by such Representative;
provided, however, that in exigent circumstances when City's Representative is not
available, Contractor may direct its communication or submission to other designated City
personnel or agents and may receive approvals or authorization from such persons.
9.02 Contractor's Representative: The Contractor's Representative for the purpose of this
Contract shall be or such other person as Contractor shall designate
in writing. Whenever direction to or communication with Contractor is required by this
Contract, such direction or communication shall be directed to Contractor's
Representative; provided, however, that in exigent circumstances when Contractor's
Representative is not available, City may direct its direction or communication to other
designated Contractor personnel or agents.
ARTICLE X - DISPUTE RESOLUTION
10.01 Any claim, controversy, or dispute between the parties, their agents, employees, or
representatives shall be resolved first by negotiation between senior -level personnel from
each party duly authorized to execute settlement agreements. Upon mutual agreement of
the parties, the parties may invite an independent, disinterested mediator to assist in the
negotiated settlement discussions.
10.02 If the parties are unable to resolve the dispute within thirty (30) days from date the dispute
was first raided, then such dispute shall be resolved in a court of competent jurisdiction
and compliance with the Applicable Law provisions of this Contract.
Wastewater Treatment Plant Sludge Truck Chassis 00500-4 Agreement
ARTICLE XI - MISCELLANEOUS
11.01 Survival: Contractor's indemnification and warranty obligations shall survive the
termination or expiration of this Contract for the maximum period allowed under
applicable law.
11.02 Headings: The headings used in this Contract are for convenience only and shall not be
construed as a part of the Contract or as a limitation on the scope of the paragraphs to which
they refer
11.03 Waiver: A waiver by Owner of any default or breach by Contractor of any covenants,
terms, or conditions of this Contract shall not limit Owner's right to enforce such
covenants, terms, or conditions or to pursue Owner's rights in the event of any subsequent
default breach.
11.04 Severability: If any portion of this Contract shall be held to be void or unenforceable, the
balance thereof shall continue to be effective.
11.05 Applicable Law: The parties agree that this Contract shall be governed in all respects by
the laws of the State of Montana and the parties expressly agree that venue shall be in
Flathead County, Montana, and no other venue.
11.06 Binding Effect: This Contract shall be binding upon and shall inure to the benefit of the
heirs, legal representatives, successors, and assigns of the parties.
11.07 Amendments: This Contract shall not be modified, amended, or changed in any respect
except by a written document signed by all parties.
11.08 No Third -Party Beneficiary: This Contract is for the exclusive benefit of the parties and
shall not constitute a third -party beneficiary agreement and shall not be relied upon or
enforced by a third party.
11.09 Counterparts: This Contract may be executed in counterparts, which together shall
constitute one instrument.
11.10 Assignment: Contractor shall not assign this Contract in whole or in part without the prior
written consent of the Owner. No assignment shall relieve Contractor of its responsibility
for the performance of the Contract and the completion of the Contract. Contractor shall
not assign to any third party other than Contractor's subcontractors on the Contract, the
right to receive monies due from Owner without the prior written consent of City.
11.11 Authority: Each party represents that it has full power and authority to enter and perform
this Contract and the person signing this Contract on behalf of each party has been properly
authorized and empowered to sign this Contract.
Wastewater Treatment Plant Sludge Truck Chassis 00500-5 Agreement
11.12 Independent Contractor: The parties agree and acknowledge that in the performance of
this Contract and the completion of the Contract, Contractor shall render services as an
independent contractor and not as the agent, representative, subcontractor, or employee of
the Owner. The parties further agree that all individuals and companies retained by
Contractor shall at all times be considered the agents, employees, or independent
contractors of Contractor and shall at no time be the employees, agents, or representatives
of the Owner.
11.13 Contract Documents: All work on the Contract shall be performed by Contractor in
accordance with all the terms and conditions of this Contract and all documents attached
hereto, which documents shall consist of the following and are incorporated herein by this
reference:
Invitation for Bids
Instructions to Bidders
Minimum Specifications for
Wastewater Treatment Plant Sludge Truck Chassis
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.
Wastewater Treatment Plant Sludge Truck Chassis 00500-6 Agreement
IN WITNESS WHEREOF, Owner and Contractor have signed three (3) copies of the Contract. Two
(2) counterparts have been delivered to Owner and one (1) counterparts to Contractor. All portions
of the Specifications and Contract Documents have been signed or identified by Owner and
Contractor.
This Contract will be effective on
Owner City of Kalispell
A Municipal Corporation
By
Kalispell City Manager
Attest
(Signature)
Address for giving notices:
P.O. Box 1997
Kalispell. MT 59903
Phone No. 406-758-7720
(CORPORATE SEAL)
Contractor
Attest
(Signature)
Address for giving notices:
Phone No.
(CORPORATE SEAL)
Wastewater Treatment Plant Sludge Truck Chassis 00500-7 Agreement