Side Loader Solid Waste Truck Bid InviteSECTION 00100
INVITATION FOR BIDS
The City of Kalispell, Montana will receive sealed bids for a 31 Cubic Yard Side Loader Solid
Waste Truck to meet or exceed the minimum specifications on file in the office of Department of
Public Works, City Hall, Kalispell, Montana. The City will purchase up to one (1) 31 Cubic Yard
Side Loader 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, November 14, 2021,
through QuestCDN. QuestCDN is located using the City of Kalispell website at:
www.ka[iWSII.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 $25.00. 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 3:00 PM on Monday, November 29, 2021. All bids will
be publicly opened and read aloud at 3:00 PM on Monday, November 29, 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.
31 Cubic Yard Side Loader Solid Waste Truck 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. The
Performance Bond shall remain in effect until the date the City of Kalispell accepts the 31 Cubic
Yard Side Loader Solid Waste Truck. Performance Bond shall be for 100% of the total contract
price.
No bid shall be withdrawn after the opening of bids without the consent of the City Council for a
period of sixty (60) days after the scheduled time of receiving the bids.
The City will accept the lowest responsible bid, but the Council reserves the right to reject any and
all bids, to waive any technicality or informality, and accept any bid which may be deemed in the
best interest of the City.
The successful bidder shall be required to abide by Federal and State Laws.
Authorized by order of the City Council of the City of Kalispell, Montana, in a regular meeting
held on August 19, 2020.
Publish:
November 14, 2021
November 21, 2021
City of Kalispell
Al; ee Brunckhorst, CMC
City Clerk
31 Cubic Yard Side Loader Solid Waste Truck 00100-2 Invitation for Bids
SPECIFICATIONS AND BIDDING DOCUMENTS
31 Cubic Yard Side Loader Solid Waste Truck
Name of Bidder
Address
Number
iiii ... .......
i
i
November 2021
IIIIII
CITY of
KALISPELL
31 Cubic Yard Side Loader Solid Waste Truck
Kalispell, Montana
The City of Kalispell, Montana is soliciting bids for a 31 Cubic Yard Side Loader Solid Waste
Truck. The equipment bid must be complete and ready for immediate operation upon delivery. The
City will purchase up to one (1) 31 Cubic Yard Side Loader truck 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 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 and provide the Performance Bond.
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 31 Cubic Yard Side Loader Solid Waste Truck shall be
delivered to the City of Kalispell Central Garage at 1400 First Avenue West, Kalispell, MT 59901
within three hundred and fifty (350) days from the date of the Agreement. If the 31 Cubic Yard
Side Loader Solid Waste Truck is not delivered within three hundred and fifty (350) days of the
Agreement, the Bidder shall pay the City of Kalispell one hundred dollars ($100.00) for each day
that expires until the 31 Cubic Yard Side Loader Solid Waste Truck is delivered to and accepted
by the City of Kalispell. The 350-day delivery date may be extended without monetary penalty, if
agreed upon by both parties. Any extension approval would need to be in writing and based off
circumstances beyond the control of the bidder.
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
31 Cubic Yard Side Loader Solid Waste Truck
TABLE OF CONTENTS
Title
Number of Pages
CoverLetter.....................................................................................1
Table of Contents (This Page).......................................................... l
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
...................................................17
00400 Bidder References.................................................................1
00500 Agreement.............................................................................7
BidBond..........................................................................................2
COK-103 Notice of Award..............................................................
l
31 Cubic Yard Side Loader Solid Waste Truck Table of Contents
PRELIMINARY TIMETABLE
November 14, 2021 PUBLISH ADVERTISEMENT FOR BIDS
November 21, 2021 PUBLISH ADVERTISEMENT FOR BIDS
November 29, 2021 OPEN BIDS — 3:00 PM
December 6, 2021 CITY COUNCIL AWARD BID
December 7, 2021 ISSUE NOTICE OF AWARD
December 22, 2021 AGREEMENT SIGNED
December 22, 2022 EQUIPMENT DELIVERY
31 Cubic Yard Side Loader Solid Waste Truck Preliminary Timetable
SECTION 00150
INFORMATION FOR BIDDERS
The City of Kalispell is soliciting bids for a 31 Cubic Yard Side Loader Solid Waste Truck. 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 31 Cubic Yard Side Loader Solid Waste Truck shall be
delivered to the City of Kalispell Central Garage, 1400 First Avenue West, Kalispell, Montana
59901 within three hundred and fifty (350) days from the date of the Contract. If the 31 Cubic Yard
Side Loader Solid Waste Truck is not delivered within three hundred and fifty(350) 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 31 Cubic Yard Side Loader Solid Waste Truck is delivered
to and accepted by the City of Kalispell. The 350-day delivery date may be extended without
monetary penalty, if agreed upon by both parties. Any extension approval would need to be in
writing and based off circumstances beyond the control of the bidder.
I have read and understand the information and bidding requirements provided on this page.
Signature & Title
Company
Date
31 Cubic Yard Side Loader Solid Waste Truck 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.
31 Cubic Yard Side Loader Solid Waste Truck 00200-1 Instructions to Bidders
ARTICLE II - SIGNING OF AGREEMENT
2.01 When the Owner gives a Notice of Award to the Successful Bidder, it shall be accompanied
by three (3) Contracts. Within fifteen (15) calendar days thereafter, the Successful Bidder shall
sign the Agreement in all three (3) Contracts and deliver the three (3) Contracts to the Owner.
Within fifteen (15) calendar days thereafter the Owner shall deliver one (1) Contract with the
Agreement signed by the City Manager to the Successful Bidder.
ARTICLE III - APPLICATION FOR PAYMENT
3.01 The City issues checks in accordance with the payable schedule prepared by the Finance
Department. Applications for Payment shall be submitted at least fifteen (15) days prior to the next
scheduled issuance of checks in order to allow sufficient time for review and processing.
31 Cubic Yard Side Loader Solid Waste Truck 00200-2 Instructions to Bidders
SECTION 00300
BID CONDITIONS
PROJECT IDENTIFICATION:
Kalispell, Montana
31 Cubic Yard Side Loader Solid Waste Truck
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.
31 Cubic Yard Side Loader Solid Waste Truck 00300-1 Bid Conditions
ARTICLE III - SUBMITTING THE BID
3.01 In submitting this Bid, Bidder represents, as set forth in the Agreement, that:
A. Bidder has examined and carefully studied the Bidding Documents and other related data
identified in the Bidding Documents.
B. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and
Regulations that may affect cost, progress, and performance of the Work.
C. Bidder has given Owner written notice of all conflicts, errors, ambiguities, or discrepancies
that Bidder has discovered in the Bidding Documents, and the written resolution thereof
by Owner is acceptable to Bidder.
D. The Bidding Documents are sufficient to indicate and convey understanding of all terms
and conditions for the performance of the Work for which this Bid is submitted.
3.02 Bidder further represents that this Bid is genuine and not made in the interest of or on
behalf of any undisclosed individual or entity and is not submitted in conformity with any
agreement or rules of any group, association, organization, or corporation; Bidder has not
directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid;
Bidder has not solicited or induced any individual, firm, or entity to refrain from bidding;
and Bidder has not sought by collusion to obtain for itself any advantage over any other
Bidder or over Owner.
ARTICLE IV - DELIVERY
4.01 The Bidder will deliver complete and full operational 31 Cubic Yard Side Loader Solid
Waste Truck 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.
31 Cubic Yard Side Loader Solid Waste Truck 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 31 Cubic Yard Side Loader Solid Waste Truck is delivered to and accepted by the City
of Kalispell.
ARTICLE VI - BID DOCUMENTS
6.01 The following documents are attached to and made a condition of the Bid.
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.
31 Cubic Yard Side Loader Solid Waste Truck 00300-3 Bid Conditions
31 Cubic Yard Side Loader Solid Waste Truck
BIDDER SHALL COMPLETE BY CHECKING THE FOLLOWING.
IF NOT COMPLIANT, STATE SPECIFICALLY THE ITEM BEING OFFERED.
DESCRIPTION
CAB & CHASSIS SPECIFICATIONS
A. TRUCK CAB
1. Chassis shall be a model 2021 or newer.
2. Cab shall be a low cab forward design.
3. Truck shall be right hand drive.
YES NO OFFERED
4. Cab shall have switches to lock power divider and both
axle differentials mounted within easy reach of operator. ❑ ❑
B. CAPACITY
1. Truck shall have a sixty-six thousand (66,000) lbs.
minimum GVW manufacturers rating. The wheelbase and
cab to axle ratio shall be per solid waste body
manufacturer's specifications and/or requirements. ❑ ❑
C. ENGINE
1. Truck shall be powered by a Cummins ISX twelve (12)
Liter three hundred and fifty (350) horsepower engine or
equivalent and shall be equipped with a Compression
Release Brake. ❑ ❑
D. EQUIPMENT
1. All coolant hoses shall utilize silicone material. ❑ ❑
2. Anti -freeze protection shall be minus forty (40) degrees
Fahrenheit or lower. ❑ ❑
3. Truck shall utilize a twelve (12) Volt electrical system. ❑ ❑
4. 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, battery box shall
include cover. ❑ ❑
5. A single vertical exhaust pipe/stack shall be installed. ❑ ❑
31 Cubic Yard Side Loader Solid Waste Truck 00310-1 Equipment Specifications
31 Cubic Yard Side Loader Solid Waste Truck
BIDDER SHALL COMPLETE BY CHECKING THE FOLLOWING.
IF NOT COMPLIANT, STATE SPECIFICALLY THE ITEM BEING OFFERED.
DESCRIPTION
YES NO OFFERED
6. Exhaust system shall be shielded to protect all cab & body
components from heat. ❑ ❑
7. Engine shall be equipped with one hundred twenty (120)
volt block heater. ❑ ❑
8. Truck shall be equipped with a transmission mounted
PTO that meets solid waste body manufacturer's
requirements. ❑ ❑
E. 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. ❑
F. FRONT AXLE
1. A Dana Spicer or equivalent twenty thousand (20,000) lb.
steer axle shall be installed.
2. Truck shall be equipped with air disc brakes.
3. Front suspension rated for twenty thousand (20,000) lbs.
shall be installed.
4. Oil bath hubs shall be installed with clear end caps to
view oil level.
5. Oil bath hubs shall utilize synthetic lubricant.
G. REAR AXLE
1. Dana Spicer equivalent rated for forty-six thousand
(46,000) 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.
Im
31 Cubic Yard Side Loader Solid Waste Truck 00310-2 Equipment Specifications
31 Cubic Yard Side Loader Solid Waste Truck
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 Hendrickson Haulmaax or
equivalent rated for forty-six thousand (46,000) lbs. or
higher. ❑ ❑
4.
Front drive axle shall be equipped with a locking power
divider, both front and rear drive axles shall be equipped
with locking differentials.
❑
❑
5.
Both drive axles shall utilize synthetic lubricant.
❑
❑
H. TIRES & WHEELS
1.
Truck shall be equipped with 315/80R22.5 20 ply radial front
tires.
❑
❑
2.
Truck shall be equipped with 11R22.5 14 ply radial rear tires.
❑
❑
3.
All wheels shall be 22.5" aluminum.
❑
❑
I. CHASSIS
1. Wheelbase shall be to solid waste body manufacturer's
requirement. ❑ ❑
2. The rear of the frame shall overhang as needed per body
manufacturer's requirement.
❑
❑
3.
Air system shall be equipped with air dryer.
❑
❑
4.
Steel air tanks shall be installed.
❑
❑
5.
All air tanks shall be equipped with drain valves.
❑
❑
6.
A single fuel tank shall be mounted on the left side as
high as possible for ground clearance.
❑
❑
7.
Truck shall be equipped with electronic backup alarm.
❑
❑
8.
Battery shutoff switch shall be installed and located at the
battery box.
❑
❑
9.
Front bumper shall be chrome plated metal.
❑
❑
10. Front mounted tow hooks shall be installed.
❑
❑
31 Cubic Yard Side Loader Solid Waste Truck 00310-3 Equipment Specifications
31 Cubic Yard Side Loader Solid Waste Truck
BIDDER SHALL COMPLETE BY CHECKING THE FOLLOWING.
IF NOT COMPLIANT, STATE SPECIFICALLY THE ITEM BEING OFFERED.
DESCRIPTION
YES NO OFFERED
11. Electrical system shall feature a bodybuilder junction box. ❑ ❑
J. CAB EXTERIOR
1.
Truck shall be equipped with a tilt forward cab; the cab
jack shall be installed, and the handle securely stored in
right side of cab.
❑ ❑
2.
Grab handles shall be mounted on both left and right
sides.
❑ ❑
3.
Truck shall be equipped with stationary metal grill.
❑ ❑
4.
Twin air horns shall be mounted to the top of the cab.
❑ ❑
5.
Truck shall be equipped with an electronic horn.
❑ ❑
6.
Heated mirrors shall be installed on both left and right
sides.
❑ ❑
7. Truck shall have convex mirrors on the top and bottom of
the right side mirror, left side mirror shall have a convex
mirror on the bottom. ❑ ❑
8. Entrance steps shall be cab mounted double steps on both
left and right sides. Bottom step shall not sit lower than
bottom of the front bumper.
❑ ❑
9. Full cover cab fenders with splash guards shall be
installed. ❑ ❑
10. A metal outside sun visor shall be installed. ❑ ❑
11. Truck shall have mud flaps behind front steer ties. ❑ ❑
12. Truck shall have mud flaps in front and behind the drive
axles. ❑ ❑
31 Cubic Yard Side Loader Solid Waste Truck 00310-4 Equipment Specifications
31 Cubic Yard Side Loader Solid Waste Truck
BIDDER SHALL COMPLETE BY CHECKING THE FOLLOWING.
IF NOT COMPLIANT, STATE SPECIFICALLY THE ITEM BEING OFFERED.
DESCRIPTION
K. CAB INTERIOR
1. Both doors shall be equipped with arm rests.
2. Truck shall be equipped with HVAC system which
includes manually selectable defrost, dash vent, and floor
vent modes, as well as 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.
YES NO OFFERED
5. A Sears C2 air suspension passenger seat or equivalent
shall be installed. ❑ ❑
6. All seat covering material shall be fabric. ❑ ❑
7. Truck shall be equipped with interior sun visor. ❑ ❑
8. Truck shall be equipped with engine protection system
featuring audible alarms, visual alarms, and automatic
shutdown for:
Low Oil Pressure, Low Water Level, and Engine
Overheat. ❑ ❑
9. Truck shall be equipped with an electronic hour meter. ❑ ❑
10. Gauge cluster shall be equipped with tachometer, coolant
temperature gauge, oil pressure gauge, voltage gauge, fuel
gauge, and speedometer read in Miles per Hour. ❑ ❑
11. Truck shall be equipped with audible and visual alarms
for transmission fluid level and temperature. ❑ ❑
12. Truck shall be equipped with power windows on both left
and right sides. ❑ ❑
13. Grab handles shall be mounted on both left and right
sides. ❑ ❑
14. A cab mounted fire extinguisher shall be installed. ❑ ❑
31 Cubic Yard Side Loader Solid Waste Truck 00310-5 Equipment Specifications
31 Cubic Yard Side Loader Solid Waste Truck
BIDDER SHALL COMPLETE BY CHECKING THE FOLLOWING.
IF NOT COMPLIANT, STATE SPECIFICALLY THE ITEM BEING OFFERED.
DESCRIPTION
15. Truck shall have safety triangles securely mounted in the
cab.
YES NO OFFERED
WENEW
31 Cubic Yard Side Loader Solid Waste Truck 00310-6 Equipment Specifications
31 Cubic Yard Side Loader Solid Waste Truck
BIDDER SHALL COMPLETE BY CHECKING THE FOLLOWING.
IF NOT COMPLIANT, STATE SPECIFICALLY THE ITEM BEING OFFERED.
DESCRIPTION
L. LIGHTING
YES NO OFFERED
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 vehicle. ❑ ❑
BODY SPECIFICATIONS
A. CAPACITY & DIMENIONS
1. The capacity of the body shall be thirty-one (3 1) cubic ❑ ❑
yards, including tailgate but excluding the hopper area.
2. The hopper capacity shall be a minimum of three (3) ❑ ❑
cubic yards.
3. The inside hopper width at the front shall be a minimum ❑ ❑
of seventy (70) inches.
4. The outside body width shall not exceed one hundred and ❑ ❑
two (102) inches.
31 Cubic Yard Side Loader Solid Waste Truck 00310-7 Equipment Specifications
31 Cubic Yard Side Loader Solid Waste Truck
BIDDER SHALL COMPLETE BY CHECKING THE FOLLOWING.
IF NOT COMPLIANT, STATE SPECIFICALLY THE ITEM BEING OFFERED.
DESCRIPTION
5. The outside body height shall not exceed thirteen (13)
foot six (6) inches.
6. The overall body length including hopper and lift arm
shall not exceed three hundred (300) inches.
B. BODY CONSTRUCTION
1. The body floor shall be flat.
2. The body floor construction shall be reinforced along its
full length.
3. The body roof shall be reinforced along its full length.
4. The body sides shall incorporate a full-length steel fender
rub rail covering all rear wheels.
YES NO OFFERED
■ ■
AMENE
5. Steel fender rub rail thickness shall be ten (10) gauge with ❑ ❑
trapezoidal gussets at least every thirty-six (36) inches.
6. Body exterior shall be equipped with broom and shovel holders ❑ ❑
on the side of the body.
7. A toolbox measuring eighteen (18) inches x eighteen (18) ❑ ❑
inches x twenty-four (24) inches shall be mounted to the body
exterior for storage of a spill containment kit.
8. The body shall include a bolt -on rear under ride guard as
standard equipment to meet Federal Motor Carrier Safety
Regulation (49CFR393.86) Safety Reg., 49CFR393.86, ❑ ❑
TTMA RP No 41-02, and SAE J682, Oct84.
9. Refuse body shall be equipped with a Groeneveld Single Line
automatic greasing system to lubricate arm and packing
mechanism.
C. HOPPER CONSTURCTION
1. The hopper shall have a minimum static capacity of three
(3) cubic yards.
2. The hopper floor shall be flat and shall extend into the
body at least thirty-eight (38) inches.
31 Cubic Yard Side Loader Solid Waste Truck 00310-8 Equipment Specifications
.....................
31 Cubic Yard Side Loader Solid Waste Truck
BIDDER SHALL COMPLETE BY CHECKING THE FOLLOWING.
IF NOT COMPLIANT, STATE SPECIFICALLY THE ITEM BEING OFFERED.
DESCRIPTION
YES NO OFFERED
3. The hopper floor shall be steel with a minimum thickness ❑ ❑
of one -quarter (1/4) inch AR four hundred (400).
4. A hopper ladder with grab handles shall be located on the ❑ ❑
left side of the hopper.
5. The hopper ladder shall be bolted to the hopper. ❑ ❑
6. The ladder must have an OSHA Standard seven (7) inch
toe spacing between the ladder rung and the side of the
hopper. ❑ ❑
7. Interior hopper to body transition welds shall be covered ❑ ❑
with hard facing to prevent wear through.
D. PACKING MECHANISM
1. Pack panel hydraulic cylinders shall be accessible from ❑ ❑
the outside of the refuse body, no cylinders inside of unit.
2. The packing panel shall complete a pack cycle in no more
than 14 to 16 seconds with engine speed at idle.
3. The top of the packing panel shall be a minimum
❑ ❑
thickness of one -quarter (1/4) inch.
4. The face of the packing panel shall be a minimum
❑ ❑
thickness of one -quarter (1/4) inch.
5. The packing panel construction shall be reinforced.
❑ ❑
6. Pack panel shall not be equipped with wear shoes, must
❑ ❑
ride on rollers.
7. Pack cylinder sleeves shall be chrome plated.
❑ ❑
8. Maximum hydraulic operation pressure of the packing
system shall be two thousand five hundred (2,500) pounds
per square inch. ❑ ❑
9. Packing panel swept volume shall be a minimum of four ❑ ❑
(4) cubic yards.
31 Cubic Yard Side Loader Solid Waste Truck 00310-9 Equipment Specifications
31 Cubic Yard Side Loader Solid Waste Truck
BIDDER SHALL COMPLETE BY CHECKING THE FOLLOWING.
IF NOT COMPLIANT, STATE SPECIFICALLY THE ITEM BEING OFFERED.
DESCRIPTION YES NO OFFERED
E. TAILGATE
1. The tailgate shall be hinged at the top and hydraulically ❑ ❑
operated.
2. The tailgate shall automatically lock and unlock without
the use of additional locking cylinders, cables, or manual
turnbuckles. ❑ ❑
3. The tailgate thickness shall be a minimum of ten (10) ❑ ❑
gauge.
4. The tailgate shall be operated by two (2) hydraulic ❑ ❑
cylinders.
5. The tailgate cycle time with engine at idle shall be thirty ❑ ❑
(30) seconds or less.
6. A rubber seal shall be installed on the tailgate and extend
across the entire bottom and vertically up each side a
minimum of forty-eight (48) inches. ❑ ❑
7. A cab mounted light and audible alarm shall be provided ❑ ❑
to indicate that the tailgate is unlocked.
8. A tailgate switch shall be installed in the cab and feature a ❑ ❑
delayed action to guard against accidental activation.
9. A self-contained tailgate maintenance safety prop shall be ❑ ❑
provided.
10. The tailgate wiring harness shall have connectors between ❑ ❑
the body and the tailgate.
F. AUTOMATED LIFTING MECHANISM
1. The Lifting Arm mechanism shall be capable of operating
simultaneously during any phase of packing operations
with full force and flow. ❑ ❑
2. Lift arm shall be mounted directly to the chassis frame ❑ ❑
rail.
31 Cubic Yard Side Loader Solid Waste Truck 00310-10 Equipment Specifications
31 Cubic Yard Side Loader Solid Waste Truck
BIDDER SHALL COMPLETE BY CHECKING THE FOLLOWING.
IF NOT COMPLIANT, STATE SPECIFICALLY THE ITEM BEING OFFERED.
DESCRIPTION
YES NO OFFERED
3. Absolutely no fiber bushings shall be permitted on any ❑ ❑
lifting arm function or member.
4. The lower base weldment shall be fully constructed of
steel measuring at least one -quarter (1/4) inch in
thickness. ❑ ❑
5. The Lifting Arm mechanism must have a minimum lifting ❑ ❑
capacity of two thousand (2,000).
6. The Lifting Arm mechanism must be within the ninety-six
(96) inch road limit in the travel position with the grippers
in the full lowered position. ❑ ❑
7. No portion of the lift mechanism shall have less than
thirteen (13) inches of ground clearance in the stowed
position. ❑ ❑
8. Lift Arm extension from the side of the body must be
horizontal in a linear fashion. No swinging or arching of
the lift arm shall be permitted. ❑ ❑
9. Lift Arm mechanism shall have a reach of at least eighty-
six (86) inches from the side of the body to the centerline
of a ninety (90) gallon container. ❑ ❑
10. Lift Arm mechanism shall be capable of grasping a ❑ ❑
container located six (6) inches from the side of the body.
11. Vertical dump height shall not exceed one hundred twenty
(120) inches above truck frame while dumping a ninety
(90) gallon container. ❑ ❑
12. Container dump angle shall be a minimum of forty-five
(45) degrees to ensure complete dumping of container's
contents. ❑ ❑
13. Lifting mechanism shall be capable of complete cycle,
which includes Grip-Lift-Dump-Undump-Lower and
Ungrip in eight (8) seconds or less. ❑ ❑
14. Solid state proximity switches must be used ® no "whisker ❑ ❑
switches" shall be permitted.
31 Cubic Yard Side Loader Solid Waste Truck 00310-11 Equipment Specifications
31 Cubic Yard Side Loader Solid Waste Truck
BIDDER SHALL COMPLETE BY CHECKING THE FOLLOWING.
IF NOT COMPLIANT, STATE SPECIFICALLY THE ITEM BEING OFFERED.
DESCRIPTION YES NO OFFERED
15. The Lift Arm shall have a safety interlock to restrict ❑ ❑
dumping unless the container is positioned over the
hopper opening.
16. Lift hydraulics shall have proportional electronic control, ❑ ❑
no air over hydraulic control shall be permitted.
17. Standard joystick lift function controls shall be electric
over hydraulic type with a proportional rocker switch for
the control of the gripper located on the top of joystick. ❑ ❑
18. No air lines shall be routed into the cab from the body. ❑ ❑
19. Joystick shall be conveniently located to the left of the ❑ ❑
operator.
20. An ergonomically designed padded armrest shall be
provided to support the operator's arm during joystick
operation. ❑ ❑
Two (2) additional control options shall be provided for the
operator and shall consist of-
2 1. A rocker switch console with dead -man control located at
the side of the operator's seat easily accessible if the
operator is standing outside of the cab. ❑ ❑
22. Manual overrides provided at the hydraulic valve. ❑ ❑
23. An Automated Dump Cycle option shall be provided. ❑ ❑
24. The Automated Dump Cycle shall allow the operator to
manually reach and grip a container, pulling back on the
joystick shall cause the container to be raised, dumped,
returned to the side of the vehicle, ungripped and the arm
returned to the stowed/home position. ❑ ❑
25. The lifting mechanism will be painted DuPont 6561 EX, ❑ ❑
Safety Yellow or equivalent.
G. GRIPPERS
1. Gripper pivots shall pivot on adjustable tapered roller ❑ ❑
bearings, no fiber bushings shall be permitted.
31 Cubic Yard Side Loader Solid Waste Truck 00310-12 Equipment Specifications
31 Cubic Yard Side Loader Solid Waste Truck
BIDDER SHALL COMPLETE BY CHECKING THE FOLLOWING.
IF NOT COMPLIANT, STATE SPECIFICALLY THE ITEM BEING OFFERED.
DESCRIPTION
2. A selectable, dual pressure valve shall control the grip
pressure/radial force. The low-pressure function will be
selected for thirty (30) to one hundred ten (110) gallon
carts. The high-pressure function will be selected for
handling two hundred (200) to four hundred and fifty
(450) gallon carts.
3. Grippers must be spring type with molded rubber tips, no
rollers.
YES NO OFFERED
4. The gripper shall be capable of grasping and dumping
containers with capacities from sixty (60) to four hundred
(400) gallons without the need to change grippers. ❑
5. The grippers shall exert an appropriate radial force on
each size container sufficient to firmly grip the container
without dropping, damaging, or contorting. This force
shall be controlled by a rocker switch on the control
panel. ❑ ❑
H. CONTROLS
1. An easily accessible control panel shall be provided in the ❑ ❑
cab.
2. The control panel must display diagnostic information in ❑ ❑
alphanumeric format (written word readout).
3. The control panel must provide a diagnostic display for ❑ ❑
each input and output signal.
4. 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 ❑ ❑
5. The control system display must include the following
unit history data:
Hour Meter for pump operation/PTO engagement.
Permanent counters for pack, eject, and arm cycles.
Resettable counters for pack and arm cycles. ❑ ❑
31 Cubic Yard Side Loader Solid Waste Truck 00310-13 Equipment Specifications
31 Cubic Yard Side Loader Solid Waste Truck
BIDDER SHALL COMPLETE BY CHECKING THE FOLLOWING.
IF NOT COMPLIANT, STATE SPECIFICALLY THE ITEM BEING OFFERED.
DESCRIPTION YES NO OFFERED
6. The control panel must include both an ON/OFF rocker
switch for system function AND an Emergency STOP
button. ❑ ❑
7. The control panel shall provide guarded switches to ❑ ❑
raise/lower the tailgate, and to raise/lower the body.
8. The control panel shall include visual and audible
warnings for:
Tailgate Open/Unlocked
Arm/Gripper Extended
Body Raised ❑ ❑
9. Packer shall be programmed to cycle two (2) times per ❑ ❑
container dump.
10. The control panel shall include a red indicator light to
illuminate when the packer is in maximum compaction
power mode. ❑ ❑
31 Cubic Yard Side Loader Solid Waste Truck 00310-14 Equipment Specifications
31 Cubic Yard Side Loader Solid Waste Truck
BIDDER SHALL COMPLETE BY CHECKING THE FOLLOWING.
IF NOT COMPLIANT, STATE SPECIFICALLY THE ITEM BEING OFFERED.
DESCRIPTION YES NO OFFERED
I. HYDRAULIC SYSTEM
1. Variable output pressure compensated, or load sensing ❑ ❑
hydraulic pump(s) must be used.
2. The hydraulic pump(s) shall be driven by chassis
transmission PTO. No crankshaft mounted pumps shall be
permitted. ❑ ❑
3. The hydraulic pump(s) shall be appropriately sized to
allow complete operation for the lift arm mechanism and
the packing panel at any RPM. ❑ ❑
4. The hydraulic system shall include hydraulic over -speed ❑ ❑
protection to prevent damage at any engine RPM range.
5. The hydraulic reservoir shall be equipped with a fluid ❑ ❑
level sight glass and low-level indicator.
6. The hydraulic reservoir shall be located sufficiently above
the pump inlet to assure optimum inlet conditioned
without the need for augmented tank pressurization. ❑ ❑
7. The hydraulic system shall incorporate a full flow in -tank
return line filter with replaceable element rated at a
maximum of ten (10) micron. ❑ ❑
8. All hydraulic fittings shall be JIC and/or O-Ring sealed, ❑ ❑
no pipe thread shall be permitted on hydraulic fittings.
9. All hydraulic components shall be adequately sized and
designed to maintain appropriate hydraulic oil
temperature. ❑ ❑
10. Maximum hydraulic system pressure for the lift arm and
pack circuits shall be two thousand eight hundred (2,800)
pounds per square inch. ❑ ❑
11. The hydraulic system shall be sized to provide full arm ❑ ❑
operation at engine idle speed.
31 Cubic Yard Side Loader Solid Waste Truck 00310-15 Equipment Specifications
_.....�................
31 Cubic Yard Side Loader Solid Waste Truck
BIDDER SHALL COMPLETE BY CHECKING THE FOLLOWING.
IF NOT COMPLIANT, STATE SPECIFICALLY THE ITEM BEING OFFERED.
DESCRIPTION
YES NO OFFERED
12. A self-contained forced air to oil cooler shall be provided
to ensure hydraulic oil temperature is regulated in high
ambient temperatures. ❑ ❑
J. LIGHTS
1. Standard lights shall be provided in accordance with ❑ ❑
FMVSS#108.
2. An upper light bar shall be provided, the upper light bar
shall contain two (2) of each: four (4) inch diameter
stop/tail/turn lights, and two (2) inch diameter clearance ❑ ❑
and side marker lights.
3. A lower light bar shall be provided, the lower light bar
shall contain two (2) of each: four (4) inch diameter
stop/tail/turn AND reverse lights. ❑ ❑
4. All lights shall be sealed LED and have flexible ❑ ❑
mounting.
5. Mid -body turn signals shall be provided. ❑ ❑
6. Mid -body backup lights shall be provided for the left and ❑ ❑
right side of vehicle.
7. Two (2) work lights shall be provided, operated by a
single rocker switch on the in -cab control panel, one (1)
light shall illuminate the hopper, and one (1) light shall ❑ ❑
illuminate the lift arm area.
8. A hopper camera, left camera, and rear camera shall be
installed with. Left camera to turn on when left turn signal
is active, rear camera to turn on when placed in reverse.
Cameras shall be connected to a monitor display viewable
by the operator. ❑ ❑
K. ELECTRICAL
1. All electrical wiring shall be in protective looms. ❑ ❑
2. All wiring harness connectors shall meet or exceed IP67 ❑ ❑
waterproof specification.
31 Cubic Yard Side Loader Solid Waste Truck 00310-16 Equipment Specifications
31 Cubic Yard Side Loader Solid Waste Truck
BIDDER SHALL COMPLETE BY CHECKING THE FOLLOWING.
IF NOT COMPLIANT, STATE SPECIFICALLY THE ITEM BEING OFFERED.
DESCRIPTION
3. The electrical system shall not have junction boxes or
terminations that do not meet or exceed the IP697
specification.
4. All circuits shall be properly fused, wiring shall be color
coded and numbered.
L. PAINTING
1. The complete unit shall be painted with DuPont Imron
5000 high solids or equivalent to a minimum of four (4)
mils.
2. The body shall be painted one color — WHITE.
M. MANUALS & TRAINING
YES NO OFFERED
1. One complete set of operators, parts, and service manuals
to be supplied for each refuse packer. Service manual
MUST include wiring diagrams for all body functions and ❑ ❑
lights.
2. Provide eight (8) 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 Solid
Waste and Central Garage facilities and shall be
scheduled within two weeks of delivery of unit to the City ❑
of Kalispell.
3. Diagnostics & testing tools & software for the refuse system ❑ ❑
shall be included with the truck if applicable.
31 Cubic Yard Side Loader Solid Waste Truck 00310-17 Equipment Specifications
31 Cubic Yard Side Loader Solid Waste Truck
BIDDER SHALL COMPLETE BY CHECKING THE FOLLOWING.
IF NOT COMPLIANT, STATE SPECIFICALLY THE ITEM BEING OFFERED.
DESCRIPTION
N. WARRANTY
1. Warranty coverage of the body and arm shall be a
minimum of one (1) year.
2. Chassis and powertrain warranty coverage shall be a minimum
of one (1) year.
YES NO OFFERED
31 Cubic Yard Side Loader Solid Waste Truck 00310-18 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:
31 Cubic Yard Side Loader Solid Waste Truck 00400-1 Bidder References
SECTION 00500
AGREEMENT
This Contract dated the day of in the year 2020, 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 31 Cubic
Yard Side Loader Solid Waste Truck, 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 31 Cubic Yard Side Loader Solid
Waste Truck as indicated in the Specifications and Bidding Documents are of the essence
of the Contract.
2.02 Days to achieve Completion and Delivery.
The 31 Cubic Yard Side Loader Solid Waste Truck shall be delivered to the City of Kalispell
Central Garage, 1400 First Avenue West, Kalispell, MT 59901 within three hundred and
fi 350 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 31 Cubic Yard Side Loader
Solid Waste Truck is delivered to and accepted by the City of Kalispell.
ARTICLE III - CONTRACT PRICE
3.01 Owner shall pay the Contractor for completion, delivery, and acceptance of the 31 Cubic
Yard Side Loader Solid Waste Truck in accordance with the Contract Documents in an
amount equal to the sum of established lump sum prices in the total amount of
31 Cubic Yard Side Loader Solid Waste Truck 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 Pam The Contractor shall submit an Application for
Payment to the City of Kalispell Public Works Department after the 31 Cubic Yard Side
Loader Solid Waste Truck 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.
31 Cubic Yard Side Loader Solid Waste Truck 00500-2 Agreement
ARTICLE VII - CONTRACTOR'S WARRANTIES
Contractor represents and warrants as follows:
7.01 Unless otherwise specified by the terms of this Contract, all materials and equipment
provided by Contractor shall be 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 31 Cubic Yard Side Loader Solid Waste Truck
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.
31 Cubic Yard Side Loader Solid Waste Truck 00500-3 Agreement
ARTICLE VIII - LIMITATION ON CONTRACTOR'S DAMAGES
8.01 In the event of a claim for damages by Contractor under this Contract, Contractor's
damages shall be limited to contract damages and Contractor hereby expressly waives any
right to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature or kind.
8.02 In the event Contractor wants to assert a claim for damages of any kind or nature,
Contractor shall provide City with written notice of its claim, the facts and circumstances
surrounding and giving rise to the claim, and the total amount of damages sought by the
claim, within ten (10) days of the facts and circumstances giving rise to the claim. In the
event Contractor fails to provide such notice, Contractor shall waive all rights to assert
such claim.
ARTICLE IX - REPRESENTATIVES
9.01 City's Representative: The City's Representative for the purpose of this Contract shall be
Gene Come, Road & Fleet Superintendent, or such other person as City shall designate in
writing. Whenever approval or authorization from or communication or submission to City
is required by this Contract, such communication or submission shall be directed to City's
Representative and approvals or authorizations shall be issued only by such Representative;
provided, however, that in exigent circumstances when City's Representative is not
available, Contractor may direct its communication or submission to other designated City
personnel or agents and may receive approvals or authorization from such persons.
9.02 Contractor's Representative: The Contractor's Representative for the purpose of this
Contract shall be or such other person as Contractor shall designate
in writing. Whenever direction to or communication with Contractor is required by this
Contract, such direction or communication shall be directed to Contractor's
Representative; provided, however, that in exigent circumstances when Contractor's
Representative is not available, City may direct its direction or communication to other
designated Contractor personnel or agents.
ARTICLE X - DISPUTE RESOLUTION
10.01 Any claim, controversy, or dispute between the parties, their agents, employees, or
representatives shall be resolved first by negotiation between senior -level personnel from
each party duly authorized to execute settlement agreements. Upon mutual agreement of
the parties, the parties may invite an independent, disinterested mediator to assist in the
negotiated settlement discussions.
10.02 If the parties are unable to resolve the dispute within thirty (30) days from date the dispute
was first raided, then such dispute shall be resolved in a court of competent jurisdiction
and compliance with the Applicable Law provisions of this Contract.
31 Cubic Yard Side Loader Solid Waste Truck 00500-4 Agreement
ARTICLE XI - MISCELLANEOUS
11.01 Survival: Contractor's indemnification and warranty obligations shall survive the
termination or expiration of this Contract for the maximum period allowed under
applicable law.
11.02 Headings: The headings used in this Contract are for convenience only and shall not be
construed as a part of the Contract or as a limitation on the scope of the paragraphs to which
they refer
11.03 Waiver: A waiver by Owner of any default or breach by Contractor of any covenants,
terms, or conditions of this Contract shall not limit Owner's right to enforce such
covenants, terms, or conditions or to pursue Owner's rights in the event of any subsequent
default breach.
11.04 Severability: If any portion of this Contract shall be held to be void or unenforceable, the
balance thereof shall continue to be effective.
11.05 Applicable Law: The parties agree that this Contract shall be governed in all respects by
the laws of the State of Montana and the parties expressly agree that venue shall be in
Flathead County, Montana, and no other venue.
11.06 Binding Effect: This Contract shall be binding upon and shall inure to the benefit of the
heirs, legal representatives, successors, and assigns of the parties.
11.07 Amendments: This Contract shall not be modified, amended, or changed in any respect
except by a written document signed by all parties.
11.08 No Third -Party Beneficiary: This Contract is for the exclusive benefit of the parties and
shall not constitute a third -party beneficiary agreement and shall not be relied upon or
enforced by a third party.
11.09 Counterparts: This Contract may be executed in counterparts, which together shall
constitute one instrument.
11.10 Assignment: Contractor shall not assign this Contract in whole or in part without the prior
written consent of the Owner. No assignment shall relieve Contractor of its responsibility
for the performance of the Contract and the completion of the Contract. Contractor shall
not assign to any third party other than Contractor's subcontractors on the Contract, the
right to receive monies due from Owner without the prior written consent of City.
11.11 Authority: Each party represents that it has full power and authority to enter and perform
this Contract and the person signing this Contract on behalf of each party has been properly
authorized and empowered to sign this Contract.
31 Cubic Yard Side Loader Solid Waste Truck 00500-5 Agreement
11.12 Independent Contractor: The parties agree and acknowledge that in the performance of
this Contract and the completion of the Contract, Contractor shall render services as an
independent contractor and not as the agent, representative, subcontractor, or employee of
the Owner. The parties further agree that all individuals and companies retained by
Contractor shall at all times be considered the agents, employees, or independent
contractors of Contractor and shall at no time be the employees, agents, or representatives
of the Owner.
11.13 Contract Documents: All work on the Contract shall be performed by Contractor in
accordance with all the terms and conditions of this Contract and all documents attached
hereto, which documents shall consist of the following and are incorporated herein by this
reference:
Invitation for Bids
Instructions to Bidders
Minimum Specifications for
31 Cubic Yard Side Loader Solid Waste Truck
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.
31 Cubic Yard Side Loader Solid Waste Truck 00500-6 Agreement
IN WITNESS WHEREOF, Owner and Contractor have signed three (3) copies of the Contract. Two
(2) counterparts have been delivered to Owner and one (1) counterparts to Contractor. All portions
of the Specifications and Contract Documents have been signed or identified by Owner and
Contractor.
This Contract will be effective on ,
Owner City of Kalispell
A Municipal Corporation
By
Kalispell City Manager
Attest
(Signature)
Address for giving notices:
P.O. Box 1997
Kalispell. MT 59903
Phone No. 406-758-7720
(CORPORATE SEAL)
Contractor
LM
Attest
(Signature)
Address for giving notices:
Phone No.
(CORPORATE SEAL)
31 Cubic Yard Side Loader Solid Waste Truck 00500-7 Agreement