SPECIFICATIONS AND BIDDING DOCUMENTS USED ASPHALT PAVER

SPECIFICATIONS AND BIDDING DOCUMENTS USED ASPHALT PAVER August 2017 Name of Bidder Address Telephone Number

TABLE OF CONTENTS CITY OF KALISPELL Used Asphalt Paver Title No. of Pages Table of Contents (This Page)... 1 Bidder s Checklist... 1 00100 Invitation for Bids... 2 00150 Information for Bidders... 1 00200 Instructions to Bidders... 2 00300 Bid Form... 6 00310 Equipment Specifications... 2 00400 References... 1 00500 Agreement... 7 COK-100 Approval of Subcontractors... 1 COK-101 Certificate of Substantial Completion... 1 COK-103 Notice of Award... 1 COK-104 Notice to Proceed... 1 Used Asphalt Paver Table of Contents

BIDDER S CHECKLIST Please utilize this Bidder s Checklist prior to submitting your bid. Bid Bond/ Bid Security enclosed. Information for Bidders form signed and dated. Minimum Specification form completed. Bid Form completed, signed and dated. Specifications and Bidding Documents sealed in envelope and properly titled. Bid submitted prior to the required time at the specified location. OBTAIN ORIGINALLY BOUND SPECIFICATIONS AND BIDDING DOCUMENTS FROM THE CITY OF KALISPELL. LEAVE ALL SHEETS INTACT AS ORIGINALLY BOUND AND RETURN THE COMPLETE DOCUMENT IN A SEALED ENVELOPE FOR BIDDING PURPOSES. ALL BID DOCUMENTS AND BONDS MUST BE ORIGINALS. NO FAXED COPIES WILL BE ACCEPTED. Used Asphalt Paver Bidder s Checklist

SECTION 00100 INVITATION FOR BIDS The City of Kalispell, Montana will receive sealed bids for a Used Asphalt Paver to meet or exceed the minimum specifications on file in the office of the Department of Public Works, City Hall, Kalispell, Montana. Bidding documents may be examined or obtained from the City of Kalispell Public Works Department, 201 First Avenue East, Kalispell, Montana 59901. Any bidder wishing further information may obtain the same from the City of Kalispell Public Works Department, 201 First Avenue East, Kalispell, Montana 59901, or by calling the City of Kalispell Public Works Department at 406-758-7720. Sealed bids shall be addressed to the City Clerk, P.O. Box 1997, Kalispell, Montana 59903-1997, and entitled: Bid for Used Asphalt Paver. Bids will be received by the City Clerk, 201 First Avenue East, Kalispell, MT 59901 until 2:30 P.M. on September 21, 2017. All bids will be publicly opened and read aloud at 2:30 P.M. on September 21, 2017 in the Conference Room of City Hall, 201 First Avenue East, Kalispell, Montana. All bidders shall, as bid security, accompany the bid with lawful money of the United States, a cashier's check, certified check, bank money order, or bank draft, drawn and issued by a national bank located in Montana or by a banking corporation incorporated in Montana or a bid bond, or bonds, executed by a surety corporation authorized to do business in Montana, in the amount of ten per cent (10%) of the amount bid. Any such bank instrument shall be payable to the City of Kalispell. If a contract is awarded, the bidder whose bond is accepted and who shall thereafter refuse to enter into and execute the proposed contract, or as stated in the covenant, shall absolutely forfeit such moneys or bank instruments to the City, and become immediately liable on said bid bond in said sum. The money, bank instrument or bid bond shall be returned to the unsuccessful bidders. All bids must expressly covenant that if the bidder shall be awarded the contract, the bidder shall within fifteen (15) calendar days of the acceptance of said bid by the City council, enter into a contract 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 be obligated to pay to the City the difference between the amount of the bid of said bidder and the amount for which the City legally contracts with another party to perform said work if the latter amount is more than the former. The Performance Bond shall remain in effect until the date the City of Kalispell accepts the Used Asphalt Paver. The Payment Bond shall remain in effect for 90 days, beginning when City accepts the Used Paver. No bid shall be withdrawn for a period of sixty (60) days after the scheduled time of receiving bids without the consent of the City Council. The Council reserves the right to reject any and all bids or to waive any technicality or informality and accept any bid which may be deemed in the best interest of the City. Used Asphalt Paver 00100-1 Invitations For Bids

Evaluation of the bid(s) will include review of overall pricing for the wheel loader as well as review of provided specified components and will not be based on price alone. The City will accept the lowest responsible bid which most closely meets the required specifications. The successful bidder shall be required to abide by Federal and State laws. Authorized by order of the City Council of the City of Kalispell, Montana, in a regular meeting held on August 21, 2017. City of Kalispell Publish: September 3, 2017 September 10, 2017 Aimee Brunckhorst, CMC City Clerk Used Asphalt Paver 00100-2 Invitations For Bids

INFORMATION FOR BIDDERS USED ASPHALT PAVER The City of Kalispell is soliciting bids for a Used Asphalt Paver. The equipment bid must be complete and ready for immediate operation at delivery. The City will purchase the paver 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, Approval of Subcontractors, complete and sign the Bid Form, and provide the Bid Bond. The successful Bidder will be required to complete and sign the Agreement, and provide the Performance and Payment Bonds. 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 Used Asphalt Paver shall be delivered to the City of Kalispell Central Garage, 1400 First Avenue West, Kalispell, Montana 59901 within one hundred (100) days from the date of the Contract. If the Used Paver is not delivered within one hundred (100) 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 Used Paver 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 Used Asphalt Paver 00150-1 Information for Bidders

SECTION 00200 INSTRUCTIONS TO BIDDERS These Instructions to Bidders amend or supplement the Instructions to Bidders contained within the Sixth Edition of the Montana Public Works Standard Specifications. All provisions that are not amended or supplemented remain in full force and effect. The following Definitions apply to Section 00200, Instructions to Bidders: OWNER The City of Kalispell, Montana, a Municipal Corporation ENGINEER The City of Kalispell Department of Public Works Amend Part 19.3 of the Standard by Amending and Adding the following: Article 19 AWARD OF CONTRACT 19.3 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 the comparison of Bids, alternates will be applied in the same order of priority as listed in the Bid Form. To determine the Bid prices for purposes of comparison, Owner shall announce to all bidders a Base Bid plus alternates budget after receiving all Bids, but prior to opening them. For comparison purposes alternates will be accepted, following the order of priority established in the Bid Form, until doing so would cause the budget to be exceeded. After determination of the successful Bidder based on this comparative process and the responsiveness, responsibility, and other factors set for in these Instructions, the award may be made to said Successful Bidder on its base Bid and any combination of its additive alternate Bids for which the Owner determines funds will be available at the time of award. Amend Part 21.1 of the Standard by Amending the following: ARTICLE 21- SIGNING OF AGREEMENT 21.1 When the OWNER gives a Notice of Award to the Successful Bidder, it shall be accompanied by three (3) Project Manuals. Within fifteen (15) calendar days thereafter, the Successful Bidder shall sign the Agreement in all three (3) Project Manuals, provide three (3) original copies of required insurance and bonding, and deliver the three (3) Project Manuals to the OWNER. Within fifteen (15) calendar days thereafter the OWNER shall deliver one (1) Project Manual with the Agreement signed by the City Manager to the Successful Bidder. Used Asphalt Paver 00200-1 Instruction to Bidders

Amend Section 00200 of the Standard by Adding the following: ARTICLE 23 - APPLICATIONS FOR PAYMENT 23.1 The City issues checks in accordance with the payable schedule prepared by the Finance Department. Applications for Payment shall be submitted at least fifteen (15) days prior to the next scheduled issuance of checks in order to allow sufficient time for review and processing. END OF SECTION Used Asphalt Paver 00200-2 Instruction to Bidders

PROJECT IDENTIFICATION: SECTION 00300 BID FORM USED ASPHALT PAVER KALISPELL, MONTANA THIS BID IS SUBMITTED TO: City of Kalispell 201 1 st 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 2- BID TO REMAIN OPEN 2.01 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitations those dealing with the disposition of Bid Security. The Bid will remain subject to acceptance for sixty (60) days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of OWNER. ARTICLE 3- SUBMITTING THE BID 3.01 In submitting this Bid, Bidder represents, as set forth in the Agreement, that: A. Bidder has examined and carefully studied the Bidding Documents, other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged: Addendum No. Addendum Date 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. Used Asphalt Paver 00300-1 Bid Form

3.03 The Bidder certifies that no official of the Owner, Engineer, or any member of such official s immediate family, has direct or indirect interest in the pecuniary profits or Contracts of the Bidder. ARTICLE 4 - BID SHEET SCHEDULES 4.01 Bidder will provide the equipment in accordance with the Contract Documents and the provisions below for the following price(s) as summarized in the Bid Sheet Schedule(s) hereinafter. A. Bidder will provide the equipment for the price set forth in the following prices or lump sum bid. B. The Bidder agrees that all sales and use taxes are included in the stated bid prices for the work, unless provision is made herein for the Bidder to separately itemize the estimated amount of sales or use taxes. C. All specific cash allowances are included in the Lump Sum prices set forth below and have been computed in accordance with paragraph 11.02 of the MPWSS General Conditions. D. The Owner reserves the right to reject any or all bids. USED ASPHALT PAVER KALISPELL, MONTANA BID SHEET The Bid for the following items shall be lump sum bids for individual schedules described in the Contract Documents, delivered complete and in place. The bid price shall include all equipment, materials, supplies, and labor necessary to construct, deliver, and/or pick up the items in accordance with the Contract Documents. Bidder shall write in N/A in the blank lines for any schedules which Bidder chooses not to submit a Bid on. SCHEDULE #1 USED ASPHALT PAVER NO TRADE IN MAKE AND MODEL OF USED ASPHALT PAVER: TOTAL BID PRICE (Figures): $ TOTAL BID PRICE (Words): Used Asphalt Paver 00300-2 Bid Form

ARTICLE 5 - CONTRACT TIMES 5.01 The time of delivery of the equipment is a basic consideration of the Contract. It will be necessary that the Bidder satisfy the Owner of his ability to make such delivery within the stipulated number of days or prior to stipulated date. 5.02 The numbers of days within which, or the dates by which, the equipment is to be delivered and ready for final payment are set forth in the Agreement. Used Asphalt Paver 00300-3 Bid Form

ARTICLE 7 - BID DOCUMENTS 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid security in the amount of 10% of the maximum Bid price including alternates, if any, and in the form of a Bid Bond, as identified in the Instructions to Bidders. 1. Surety. If the Bidder is awarded a construction Contract on this Bid Form, the Surety who provides the Performance Bond will be: whose address is Street City State Zip B. Information Required of Bidders (tabulation of Subcontractors, Suppliers and other persons and organizations required to be identified in this Bid and/or the Supplementary Conditions). ARTICLE 8 - MEANING OF TERMS 8.01 The terms used in this Bid with initial capital letters have the meanings indicated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. ARTICLE 9 - BID REJECTION 9.01 The Owner reserves the right to reject any or all bids. ARTICLE 10 - BID SUBMISSION SUBMITTED on, 2017 Montana Contractor Registration No.: Employer s Tax ID No.: Used Asphalt Paver 00300-4 Bid Form

If Bidder is: A Corporation Corporation Name: State of Incorporation: Type (General Business, Professional, Service, Limited Liability): By: (Signature -- attach evidence of authority to sign if not a Corporate officer) Name (typed or printed): Title: Attest: (Corporate Seal) (Signature of Secretary) Business address: Phone No.: FAX No.: Date of Qualification to do business [in Montana] is An Individual Name (typed or printed): By: (Individual s signature) Doing business as: Business address: Phone No.: FAX No.: Used Asphalt Paver 00300-5 Bid Form

A Partnership Name (typed or printed): By: (seal) (Individual s signature) Name (typed or printed): Business address: Phone No.: FAX No.: A Joint Venture (Each Joint Venture must sign.) Joint Venturer Name: (seal) By: (Signature of joint venture partner) Name (typed or printed): Title: Business address: Phone No.: FAX No.: Joint Venturer Name: (seal) By: (Signature of joint venture partner) Name (typed or printed): Title: Business address: Phone No.: FAX No.: Address of Joint Venture for Receipt of Official Communication: Address: Phone No.: FAX No.: (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above.) END OF SECTION 00300 Used Asphalt Paver 00300-6 Bid Form

MINIMUM SPECIFICATIONS FOR WARRANTY AND MANUALS Used Asphalt Paver BIDDER SHALL COMPLETE BY CHECKING THE FOLLOWING. IF NOT COMPLIANT, STATE SPECIFICALLY ITEM BEING OFFERED. DESCRIPTION YES NO OFFERED ENGINE AND EQUIPMENT 1. Model year 2011 or newer 2. Less than 4,000 hours 3. Engine shall be certified EPA Tier 3 4. Fume management system directing fumes away from machine operators. 5. Operator sun shading system 6. Machine undercarriage - track 7. Machine undercarriage - wheeled with power assist 8. Independent Material Handling System 9. Machine operating weight 30 to 40 thousand lbs. SCREED 1. Vibratory screed - electric heating system 2. Screed paving range 8 foot 4 inches to 16 5 inches standard. 3. Heated screed extension 4. Electronic grade and slope control. 5. Power crown controls Used Asphalt Paver 00310-1 Equipment Specifications

MINIMUM SPECIFICATIONS FOR WARRANTY AND MANUALS Used Asphalt Paver BIDDER SHALL COMPLETE BY CHECKING THE FOLLOWING. IF NOT COMPLIANT, STATE SPECIFICALLY ITEM BEING OFFERED. DESCRIPTION YES NO OFFERED 6. Power height control. 7. Screed lock 8. Sonic feeder sensors SPECIAL PROVISIONS 9. Price F.O.B Kalispell. 10. Local availability of service and parts (50 miles) 11. Service / repair manuals Used Asphalt Paver 00310-2 Equipment Specifications

SECTION 00400 CONTRACTOR EXPERIENCE AND 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 2 IDENTIFICATION: LOCATION: EQUIPMENT VALUE: CLIENT AND REFERENCE CONTACT: DESCRIPTION OF EQUIPMENT WITH ATTACHMENTS: Used Asphalt Paver 00400-1 Contractor References

SECTION 00500 AGREEMENT This Contract dated the day of in the year 20, by and between City of Kalispell, a Municipal Corporation, 201 First Avenue East, Kalispell, MT 59901, hereinafter called Owner and, hereinafter called Contractor. Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK 1.01 Contractor shall deliver the equipment as specified or indicated in the Specifications and Bidding Documents, attached hereto and incorporated fully herein by this reference. The delivery consists of furnishing materials, labor, and equipment required to provide the City of Kalispell complete and ready for operation a Used Paver. Article 2. CONTRACT TIME 2.01 Time of the Essence. All the time limits for completion and delivery of Used Asphalt Paver as indicated in the Specifications and Bidding Documents are of the essence of the Contract. 2.02 Days to achieve Completion and Delivery. The Used Asphalt Paver shall be delivered to the City of Kalispell Shop, 1400 First Avenue West, Kalispell, MT 59901 within One Hundred (100) 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 Used Paver is delivered to and accepted by the City of Kalispell. Article 3. CONTRACT PRICE 3.01 Owner shall pay the Contractor for completion, delivery, and acceptance of the Used Paver in accordance with the Contract Documents in an amount equal to the sum of established lump sum prices in the total amount of $. Used Asphalt Paver 00500-1 Agreement

Article 4. INSPECTION AND TESTING 4.01 Owner has the right to inspect and test any and all equipment provided by Contractor pursuant to this Contract. Contractor shall allow Owner and its agents access to the equipment upon delivery for the purpose of such inspection and testing. Any inspection and testing performed by the Owner and its agents is for the sole benefit of the Owner and shall not relieve the Contractor of its duty, responsibility, and obligation for ensuring the work strictly complies with the Contract terms and conditions. Owner s inspection and testing shall not be deemed or considered acceptance by the Owner of any portion of the Contract. Owner s inspection and testing shall not serve to nullify, amend, or waive any warranties provided by the Contractor under this Contract. 4.02 Contractor shall, without charge, replace any material or correct any work found by the Owner or its agents to be defective or otherwise not in compliance with the terms and conditions of this Contract. In the event Contractor fails to replace or correct any defective work or materials after reasonable written notice by the Owner to do so, the Owner may take such corrective action, either with its own materials and employees or by retaining any third part to do so, and deduct the cost and expense of such corrective action from the Contractor s Compensation. Article 5. 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 Used Paver 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 6. 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. Used Asphalt Paver 00500-2 Agreement

Article 7. CONTRACTOR S WARRANTIES: Contractor represents and warrants as follows: 7.01 Unless otherwise specified by the terms of this Contract, all materials and equipment provided by Contractor shall be new and where not otherwise specified, of the most suitable grade for their intended uses. 7.02 All workmanship and materials shall be of a kind and nature acceptable to the Owner. 7.03 All equipment and materials provided to the Owner as agreed upon shall be free of defects and nonconformities in design, materials, and workmanship for a minimum period of beginning from the time of acceptance of the Used Paver 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 addition 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 prosecution of the completion of the Contract. 7.06 Title to all work, materials, and equipment covered by any payment of Contractor s Compensation by City, whether directly incorporated into the Contract or not, shall pass to City at the time of payment, free and clear of all liens and encumbrances. Article 8. 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. Used Asphalt Paver 00500-3 Agreement

8.02 In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within ten (10) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. Article 9. REPRESENTATIVES: 9.01 City s Representative: The City s Representative for the purpose of this Contract shall be Susie Turner, Director of Public Works, 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 10. DISPUTE RESOLUTION 10.1 Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. 10.2 If the parties are unable to resolve the dispute within thirty (30) days from date the dispute was first raised, then such dispute shall be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Contract. Article 11. MISCELLANEOUS Used Asphalt Paver 00500-4 Agreement

11.01 Survival: Contractor s indemnification and warranty obligations shall survive the termination or expiration of this Contract for the maximum period allowed under applicable law. 11.02 Headings: The headings used in this Contract are for convenience only and shall not be construed as a part of the Contract or as a limitation on the scope of the particular paragraphs to which they refer. 11.03 Waiver: A waiver by Owner of any default or breach by Contractor of any covenants, terms, or conditions of this Contract shall not limit Owner s right to enforce such covenants, terms, or conditions or to pursue Owner s rights in the event of any subsequent default breach. 11.04 Severability: If any portion of this Contract shall be held to be void or unenforceable, the balance thereof shall continue to be effective. 11.05 Applicable Law: The parties agree that this Contract shall be governed in all respects by the laws of the State of Montana and the parties expressly agree that venue shall be in Flathead County, Montana, and no other venue. 11.06 Binding Effect: This Contract shall be binding upon and shall inure to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 11.07 Amendments: This Contract shall not be modified, amended, or changed in any respect except by a written document signed by all parties. 11.08 No Third Part Beneficiary: This Contract is for the exclusive benefit of the parties and shall not constitute a third party beneficiary agreement and shall not be relied upon or enforced by a third party. 11.09 Counterparts: This Contract may be executed in counterparts, which together shall constitute one instrument. 11.10 Assignment: Contractor shall not assign this Contract in whole or in part without the prior written consent of the Owner. No assignment shall relieve Contractor of its responsibility for the performance of the Contract and the completion of the Contract. Contractor shall not assign to any third party other than Contractor s subcontractors on the Contract, the right to receive monies due from Owner without the prior written consent of City. 11.11 Authority: Each party represents that it has full power and authority to enter into and perform this Contract and the person signing this Contract on behalf of each party has been properly authorized and empowered to sign this Contract. 11.12 Independent Contractor: The parties agree and acknowledge that in the performance of this Contract and the completion of the Contract, Contractor shall Used Asphalt Paver 00500-5 Agreement

render services as an independent contractor and not as the agent, representative, subcontractor, or employee of the Owner. The parties further agree that all individuals and companies retained by Contractor shall at all times be considered the agents, employees, or independent contractors of Contractor and shall at no time be the employees, agents, or representatives of the Owner. 11.13 Contract Documents: All work on the Contract shall be performed by Contractor in accordance with all of the terms and conditions of this Contract and all documents attached hereto, which documents shall consist of the following and are incorporated herein by this reference: Invitation to Bid and Contractor s Response Information for Bidders Minimum Specifications Performance Bond Payment Bond 11.14 Integration: This Contract and all documents attached hereto constitute the entire agreement of the parties. Covenants or representations not contained therein or made a part thereof by reference, shall not be binding upon the parties. There are no understandings between the parties other than as set forth in this Contract. All communications, either verbal or written, made prior to the date of this Contract are hereby abrogated and withdrawn unless specifically made a part of this Contract by reference. IN WITNESS WHEREOF, Owner and Contractor have signed three (3) copies of the Contract. Two (2) counterparts have been delivered to Owner and one (1) counterparts to Contractor. All portions of the Specifications and Contract Documents have been signed or identified by Owner and Contractor. This Contract will be effective on, Owner City of Kalispell Contractor A Municipal Corporation By Kalispell City Manager By Attest (Signature) Attest (Signature) Used Asphalt Paver 00500-6 Agreement

Address for giving notices: Address for giving notices: P.O. Box 1997 Kalispell, MT 59903 Phone No. 406-758-7720 Phone No. (CORPORATE SEAL) (CORPORATE SEAL) Used Asphalt Paver 00500-7 Agreement

APPROVAL OF SUBCONTRACTORS PROJECT: Used Asphalt Paver CONTRACTOR: Listed below are the subcontractors the prime contractor proposes to use on this project. Your approval of these subcontractors is requested. We certify that these subcontractors, as listed, have been advised of the labor standards and provisions applicable to this project and that these provisions, as incorporated in the Contract between the Owner and the undersigned Contractor, will be incorporated in the contracts between the Contractor and the listed subcontractors. These provisions shall include all necessary insurance, workers compensation, and other legal requirements that the Contractor must carry. Name And Address of Subcontractor Type of Work Approximate Value of Subcontract TOTAL: Any deviation from this list shall be approved by the Owner prior to the subcontractor conducting the work. Signed by Approved by Contractor City of Kalispell Date Date

DATE OF ISSUANCE: CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER City of Kalispell CONTRACTOR PROJECT Used Asphalt Paver This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: The work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR and ENGINEER, and that Work is hereby declared to be substantially complete in accordance with the Contract Documents on DATE OF SUBSTANTIAL COMPLETION The date of Substantial Completion of the Project is the date of commencement of warranties required by the Contract Documents. A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within 15 days of the above date of Substantial Completion Issuance. If Final Completion is not reached within the stated time, contract times and any associated liquidated damages will continue. The following documents are attached to and made part of this Certificate: This Certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR S obligation to complete the Work in accordance with the Contract Documents. Executed by Engineer Accepted by Contractor Accepted by Owner Date Date Date

NOTICE OF AWARD Dated: TO: (BIDDER) ADDRESS: PROJECT: Used asphalt Paver You are notified that your Bid dated for the above Project has been considered. You are the Successful Bidder and have been awarded a contract for: The Contract Price of your contract is: Dollars 3 copies of each of the proposed Contract Documents accompany this Notice of Award. 3 sets of the Drawings will be delivered separately or otherwise made available to you. You must comply with the following conditions precedent within fifteen days of the date of this Notice of Award, which is by. 1. Deliver to the OWNER three (3) fully executed counterparts of the Contract Documents. 2. Deliver with the executed Contract Documents the Contract security (Bonds) as specified in the Instructions to Bidders (Article 20) and General Conditions (paragraph 5.01) of the Montana Public Works Standard Specifications. 3. (Other conditions precedent). Failure to comply with these conditions within the time specified will entitle OWNER to consider you in default, annul this Notice of Award, and declare your Bid security forfeited. Within fifteen days after you comply with the above conditions, OWNER will return to you two fully executed counterparts of the Contract Documents. City of Kalispell (OWNER) By: (AUTHORIZED SIGNATURE) City Project Manager (TITLE)

NOTICE TO PROCEED Dated: TO: (CONTRACTOR) ADDRESS PROJECT: Used Asphalt Paver You are notified that the Contract Times under the above contract will commence to run on. On or before that date, you are to start performing your obligations under the Contract Documents. The date of Substantial Completion is Before you may start any Work at the site, you must deliver to the Owner (with copies to Engineer and other identified additional insureds) certificates of insurance you are required to purchase and maintain in accordance with the Contract Documents. Also before you may start any Work at the site, you must: CITY OF KALISPELL (OWNER) BY: (AUTHORIZED SIGNATURE) (TITLE)