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Sale & Delivery of Six (6) Side-Load Automated Refuse Trucks PUBLIC WORKS DEPARTMENT TELEPHONE • (785)309-5725 Jim Kowach, P.L, Director of Public WorksCftyttf FAX • (785)309-5713 Daniel Slack, P.E., City Engineer TDD• (785)309-5747 Jim Teutsch, Operations Manager E-MAIL:jim.kowach@salina.org dan.stack @salina.org 300 West Ash • P.O.Box 736 jim.teutsch@salina.org Salina.Kansas 67402-0736 Sarma WEBSITE • www.salina-ks.gov February 26,2020 Kevin M. Hilgendorf Elliott Equipment Company 1400 Botts Rd. Grandview, MO 64030 RE: Notice of Award, Six (6) Side-load Refuse Trucks Dear Mr. Hilgendorf: The City of Salina has considered your Bid dated January 9, 2020 for the Six (6) Side-load Refuse Trucks Contract. You are the successful Bidder and are awarded the Contract for the Six (6) Side-load Refuse Trucks. Two (2) copies of the proposed Contract accompany this Notice of Award. As a condition precedent to the Contract award, you must deliver the following documents to the City Clerk, City-County Building, 300 W. Ash, Room 206, P.O. Box 736. Salina, Kansas 67402. within ten (10) days of the date you receive this Notice of Award: 1. Two (2)fully-executed counterparts of the Contract. Failure to comply with these conditions within the time specified will entitle the City to consider you in default and annul this Notice of Award. Within ten (10) days after your timely satisfaction of these conditions. the City will return to you one fully signed counterpart of the Contract. We want to thank you for your participation on this bid and we look forward to working with you. Please contact me if you have any questions. Sincerely, Jim Teutsch Operations Manager Enc: Contracts CC: Jim Kowach, Director of Public Work Shandi Wicks,City Clerk Our Mission is to Build and Maintain a Clean, Safe Community CITY OF SALINA, KANSAS AGREEMENT FOR SALE AND PURCHASE OF EQUIPMENT This Agreement for Sale and Purchase of Equipment ("Agreement") is entered into kJt3iar . Zb , 2020, by and between the City of Salina, Kansas (the "City") and Elliott Equipment Company, an Iowa S Corporation(the "Contractor"). Recitals A. The City issued a Request for Bids requesting sealed Bids for the sale and delivery of new six (6) side-load automated refuse trucks and related equipment, accessories, and services ("Deliverables"). B. The Contractor was the lowest and best responsive and responsible Bidder whose Bid conformed to the City's Specifications. C. The City desires to contract for the purchase of the Deliverables described in the attached and incorporated Exhibit A, in compliance with federal, state, and local regulations. D. The Contractor has the requisite qualifications and experience to furnish the Deliverables needed by the City and desires to furnish the Deliverables pursuant to the terms of this Agreement. The parties, in consideration of the mutual promises set forth in this Agreement, agree and covenant: 1. Definitions. Except as otherwise provided herein, capitalized words used in this Agreement shall have the meanings indicated in the Request for Bids. 2. Contract Documents. This Agreement, together with the Request for Bids and the Contractor's Bid, including accompanying warranties, shall comprise the "Contract Documents." 3. Sale of Deliverables. The Contractor agrees to sell, and the City agrees to buy, the Deliverables specified in the attached and incorporated Exhibit A, all in accordance with the Contract Documents. 4. Term; Schedule. The Seller agrees to deliver the Deliverables to Central Garage, 418 E. Ash St., Salina, Kansas 67401, on or before February 10, 2021. 5. Payment; Trade-In. In consideration for the Seller's delivery of the Deliverables in accordance with the Contract Documents, the City shall pay to the Contractor the sum of $1,553,584 and convey and transfer to the Contractor, after the City has received and accepted the Deliverables, all of the City's trade-in equipment described in the Request for Bids. 6. Standard Purchase Terms and Conditions. This Agreement shall be deemed to include, and shall be subject to, the City's Standard Purchase Terms and Conditions, which are set forth in the attached and incorporated Exhibit B. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their authorized representatives. CITY O . • LIN . b . • . ELLIOTT E i IPMENT OMPANY i By: A #' / By: di/ ichael L. oppock, or ' < �1 yntig ' (name) ^� aes6/6;faldir/"StiS (title) Attest:�'`�1Q�tl t i 1 V OXA/ Shandi Wicks,CMC,City Clerk Form: 3 Le Counsel Exhibit A DESCRIPTION OF DELIVERABLES The Deliverables purchased under this Agreement shall consist of the following items,all of which shall conform to the Contract Documents, including the detailed Specifications contained in the City's Request for Bids: TO THE BOARD OF COMMISSIONERS CITY OF SALINA. KANSAS Project Name: Six (6) Side-load Refuse Trucks Project No.: r' !a 6 1. Proposal to Enter into Contract. The undersigned Bidder hereby submits the following Bid for the Deliverables indicated below. in accordance with the terms and Specifications of the Request for Bids and related Bid Documents. Bidder proposes and agrees. if this Bid is accepted. to furnish all Deliverables for which a Contract is awarded, within the date(s) specified, in the manner and at the prices herein stated,and in accordance with the terms and conditions of the Bid Documents. 2. Bidder's Acknowledgments. Bidder accepts all of the terms and conditions of the Bid Documents. including but not limited to the City's Standard Purchase Terms and Conditions. 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 by the City. 3. Bidder's Representations. In submitting this Bid. Bidder represents that: a. Bidder has carefully reviewed the Bid Documents, and the following addenda, receipt of which is hereby acknowledged: J,Jy/Jy� I. t t't '," /JG1. l r*�t Lw( rG i J r't /14',// C.I, L )r 2 ill ` • [(,41 t t u>(19 t"!fç ;/ 7/ / 7: y ' //05/7 oz. b. Bidder understands and agrees that in signing this Bid, Bidder wa''es all rights to plead any misunderstanding regarding the Bid Documents or the above-referenced addenda. c. Bidder has given the Project Manager written notice of all conflicts. errors, ambiguities. or discrepancies that Bidder has discovered in the Bid Documents. and the Project Manager's written explanation is acceptable to Bidder. 4. Bid Price. Bidder will sell the specified Deliverables in accordance will the Bid Documents. for the following prices: ( /7'- k. (...I', ,-iii' (.Jr--)(^-X'%Sri A v r) Vendor's Bid Bid Price—per Vehicle(including delivery) $ e' 1 ( i y.(�Cj Allowance for Trade-In—Unit 570 (if accepted) $ -;L .tX) Allowance for Trade-In— Unit 560 (if accepted) $ tk r). ('.0 Allowance for Trade-In— Unit 545 (if accepted) $ S� (xi) lJO Allowance for Trade-In—Unit 108 (if accepted) $ 2o,(xn, c:v Allowance for Trade-In— Unit 109 (if accepted) $ jr(1-4) ex) 5. Delivery Date; Delivery Charges. Bidder represents and warrants that, if this Bid is accepted. Bidder will deliver the Deliverables and provide all related services within days after receipt of a notice of award. or in accordance with the A-1 following timeframe c-./1 440."4711 f.Q" t /<'''t 7/1/Lr,,-"ti' The Bid prices above shall include all transportation, preparation. and handling charges. 6. Trade-In Offer. If the City accepts the Bid Price and the allowance for the trade-in equipment noted in Paragraph 4 above. the Bidder will accept the trade-in equipment and credit the Bid Price in the amount of the "Allowance for Trade-In". 7. Discount Terms. 7.1 The City's Discount Terms are as follows("X" indicates applicability): EBidder offsa,he f9llowing discount or promotional terms(as applicable) ..?() 4/(ivs Discount Terms are not applicable for this faroject. 8. Definitions. Terms used in this Bid shall have the meanings assigned to them in the Bid Documents. 9. Bid Enclosures. Bidder has included with this Bid submittal: (Items Marked with"X" must be enclosed) Bid Security Copies of Warranties and related information Original manufacturer's brochures and specification sheets 10. Business Designation. Bidder represents that its business designation is as follows (check one): Individual/Sole Proprietorship Partnership Kansas Corporation Kansas Limited Liability Company 1/4—) Corporation* (1'c Jr; Limited Liability Company* Other: *Please indicate the state in which entity is organized COMPANY: l i �'r r �����fe t�-fpats AUTHORIZED REPRESENTATIVE: i;-� / h / j TITLE: (40 %(:31(t i7 A ADDRESS: 1 9a),' tri;/"1: ''ocJ� /7 K,;r1C 0 E-MAIL ADDRESS: M;;1}/,+7.-/--_ l/!r' r'` �rc-ii. PHONE: �i'�� f "-c/j j f.' �'1C�1/5( - .V rl (S� (O// SIGNATURE: DATE SUBMITTED: 0,04- A-2 }/ `4A-2 NOTICE TO VEHICLE AND EQUIPMENT DEALERS The City of Salina. Kansas is currently accepting sealed bids for the following vehicles at the office of the City Clerk, City-County Building. 300 West Ash. Room 206. Salina, Kansas 67401. until 10:00 a.m. (Central). Friday, January 10, 2020, at which time, in Room 105, the bids will he opened publicly and read aloud. SIX (6)SIDE-LOAD REFUSE TRUCKS Detailed specifications may he obtained from the City of Salina website (wH«.salina_ ks.gov/kids). With any questions in regard to the project. please contact the Department of Public Works/Sanitation Superintendent 785-309-5750. No fax bids will be accepted. Late bids will he returned unopened. The City of Salina. Kansas. reserves the right to reject any or all proposals and to wive any irregularities therein. THE CITY OF SALINA, KANSAS Is/ Shandi Wicks CITY CLERK A-3 ova CITY OF SALINA Salina REQUEST FOR BIDS Project No.:N/A City's Project Manager: Shawn Dunstan Sanitation Superintendent Project Title: The purchase of Six (6) Side-load 412 E. Ash St. Refuse Trucks(Public Works/Sanitation) Telephone Number: (785)309-5750 Bid Submission Deadline: 10:00 a.m. (CST), January slum n dunstan salina.org 10.2020 I. INVITATION TO BID 1.1 The City of Salina, Kansas is seeking Bids for the purchase of Six (6) Side-load Refuse Trucks, as are more particularly described in this Request for Bids and the detailed Specifications. 1.2 Sealed Bids will be received at the City-County Building. 300 W.Ash, Room 206, P.O. Box 736, Salina, Kansas 67402, until the above-referenced Bid submission deadline, for furnishing materials, equipment,and/or supplies,as described herein. 1.3 Submissions must be hand-delivered, or sent via return receipt delivery effected by certified mail, priority mail, commercial courier service, overnight delivery service, or other reliable personal delivery service to the City's above-referenced address. Facsimile or electronic submissions will not be accepted. Submissions received after the specified time and date will be returned unopened. 1.4 Bids will be opened publicly and read aloud at 10:00 a.m. (CST), on the above-referenced Bid submission deadline, at the City-County Building, 300 W. Ash. Room 105, Salina, Kansas 67401. 1.5 All questions concerning this solicitation during the bidding process shall be forwarded to the Project Manager listed above. 2. SUMMARYOF SOLICIATION The purchase of Six (6)Side-load Refuse Trucks. 3. DEFINITIONS 3.1. Bid:A completed and properly signed response to this Request for Bids, which, if accepted by the City, will hind the Bidder to perform the resultant Contract. 3.2. Bidder:A person or entity that submits a Bid in response to this Request for Bids. 3.3. Bid Documents: This Request for Bids, and all documents and information attached hereto or incorporated herein. A-4 3.4. City: The City of Salina. Kansas. 3.5. Contract: A binding legal agreement between the City and the Successful Bidder, which includes, without limitation,the City's Standard Purchase Terms and Conditions. 3.6. Deliverables: The goods. products. equipment, materials, and/or services to be provided to the City under a Contract with the Successful Bidder. 3.7. Specifications: The stated minimum requirements for a Bid to he considered by the City. including those set forth in Exhibit A attached to this Request for Bids. and all other written directions, provisions,and requirements pertaining to:(a)the kind and type of Deliverables; (b) the qualities of materials to be furnished; and/or (c) the method and manner of providing the related services. 3.8. Successful Bidder: The Bidder submitting a responsive Bid to whom the City awards a Contract. 4. BID SUBMISSIONS 4.1 Written Bids shall he typewritten or written in ink on the form enclosed. Officials of corporations shall designate their official title: partners or sole owners shall so state, giving the names of all interested parties. The person signing the Bid shall initial all corrections or erasures. 4.2 Bids with all required submittals and information shall be submitted at the time and place indicated herein, in writing, within a sealed envelope. The cm elope shall be identified on the outside with Bidder's name and address and the project number, and addressed to the City of Salina, in care of': Shandi Wicks. City Clerk. City-County Building. 300 W. Ash. Room 206, P.O. Box 736, Salina, Kansas 67402. 4.3 Sufficiency of Documents. Interpretations.Addenda. 4.3.l. The submission of a Bid will constitute an incontrovertible representation that the Bidder will comply with every term and condition of the Bid Documents and that such documents and specifications therein are sufficient in scope and detail to indicate and convey understanding of all requirements for furnishing the Deliverables. 4.3.2. Any questions about the meaning or intent o1'the Bid Documents or requirements must be submitted in writing to the Project Manager not less than seven (7) days prior to the date of Bid opening. Questions thus submitted will be answered by written addenda issued to all prospective Bidders who have obtained a copy of this Request for Bids from the City. Oral or other interpretations or clarifications will he void.without any legal effect. and do not bind the City. 4.3.3. Addenda to the Request for Bids shall be properly acknowledged in the space provided on the Bid form. A-5 4.4 Each Bidder shall attach to its Bid copies of all warranties to he provided by the manufacturer, distributor and/or Bidder. 4.5 Prior to Contract award. Bidders may he required to submit evidence that they: (a) have adequate financial and technical ability' to furnish and service the Deliverables: (b)maintain spare parts for maintenance and repair of the Deliverables: and (c) have an acceptable service record on Deliverables previously supplied to others. 4.6 In some cases, alternate Bids may he requested with respect to some elements of the Specifications. Alternate pricing shall be provided on the forms provided for such purpose. and shall he presented as an addition or reduction to the base Bid amount. 4.7 Bidders shall state the delivery terms in the Bid. unless already specified in the Bid form and/or the Specifications, in which case delivery shall be made within the time(s) set forth. Bidders shall further state in the Bid any and all prepayment and discount options offered to the City. 4.8 The City is exempt from Kansas sales tax on materials and equipment to be purchased hereunder. Consequently, sales tax shall not he included in the Bid. 4.9 The City shall not he liable for any costs incurred by a Bidder in preparing and submitting a Bid. or in performing any other activities relative to this Request for Bids. 4.10 The City may have trade-in equipment to he purchased. If so. the equipment will he listed on or attached to the Specifications sheet. along with instructions for viewing or obtaining additional information regarding this equipment. In all cases. the trade will he at the option of the City, and the City reserves the right to either trade any or all of the listed equipment. or to pay the Bid price of the item before trade and retain the trade-in equipment. 4.11 When approximate quantities are stated. the City reserves the right to increase or decrease the quantity as best fits its needs. 5. BID SECT RITN 5.1 The Cit •'s Bid security requirements are as follows (•'X"indic•ales upplicability}: • II Each Bidder shall submit with its Bid a certified check. cashier's check, or an acceptable bidding bond (written on a penal sum form). in the amount of five percent (5%) of the total amount shown on the Bid. The Bid security shall be made payable to the City and will serve as a guarantee that the Bidder will enter into any Contract awarded to the Bidder in accordance with the terms of the Bid. If a Bidder fails or refuses to enter into a Contract, or to hold the Bid price. terms, or conditions firm. then, in addition to exercising any other available remedy at law or in equity (including but not limited to the remedies available to the City pursuant to Section 11 of the City's Standard Purchase Terms and Conditions attached hereto), the City may consider the Bidder to he in default and the Bid security of that Bidder shall be forfeited and the money derived therefrom will be turned to the use of the City. The City may retain the security of any Bidder until sixty-one (61) days after the Bid opening. at which time the Bid security shall he returned to all unsuccessful Bidders. rel Bid security is not required for this project. A-6 6. BID WITHDRAWAL. 6.1 Bids may be withdrawn by notice in writing. but only if the written notice is received by the City prior to Bid opening. Any such withdrawal notice must he delivered in the same manner as Bids are required to be submitted. After Bid opening. Bids may not be withdrawn and shall remain open for sixty (60)days. 7. AWARD OF CONTRACT 7.1 The City reserves the right to reject any and all Bids: to waive any and all informalities or defects; to disregard all nonconforming. non-responsive or conditional Bids: or to accept such proposals as shall he deemed to be in the best interest of the City so to do. Discrepancies between words and figures will be resolved in favor of words. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will he resolved in favor of the correct sum. 7.2 Bids will be evaluated and award will he made to the lowest and best responsive and responsible Bidder whose Bid conforms to the City's requirements. and whose Bid is considered to be the most advantageous to the City, price and other factors considered. Factors to be considered may include. but are not limited to. Bidder's past performance, total unit cost, economic cost analysis, life cycle costs, warranty, service response time, quality. maintenance cost. durability. operational requirements of the City. and any other such information in the City's discretion. 7.3 The City may elect to accept a Bid for the Deliverables without trade-in of any or all of the listed trade-in equipment (if any is listed in the Specifications). or the City may elect to accept the Bid with any combination of trade-in equipment. The selection of particular units. if any. of the identified trade-in equipment to be traded rests solely with the City. 8. CONTRACT TERMS 8.1 Within ten (10) days of acceptance by the City and the issuance of a notice of award, the Successful Bidder will enter into a Contract with the City. The Contract between the City and the Successful Bidder shall be subject to, and shall include, the City's Standard Purchase Terms and Conditions. a copy of which is attached hereto. The Standard Purchase Terms and Conditions shall not be modified and shall supersede any terms. conditions, or provisions proposed by the Bidder which may he inconsistent therewith. Submission of a Bid constitutes an offer to contract on these terms, and the City's issuance of a purchase order constitutes the City's acceptance of the Successful Bidder's offer on these terms, and forms a Contract. A-7 BID SPECIFICATIONS FOR SIX (6) 31-YARD PACKER TRUCKS INTENDED APPLICATION: Ni Sanitation Automated Truck TYPE: New E Used [ Demo Unit ❑ A check mark response acknowledging compliance shall be provided in the appropriate blocks below for all entries. Any additions, deviations or variances from the below specifications shall be expressly identified and thoroughly explained. However, failure to provide this information or failure to meet minimum mandatory specifications shall result in a bid not being considered. It shall be the City's sole discretion to consider variances. If the boxes are not properly checked or a vendor fails to meet precise bid specifications or approved variances, that bid shall not be considered. Mandatory/Preferred Option Compliance Mandato Preferred N/A Yes IMIll GENERAL TRUCK SPECIFICATIONS A. Model year shall be 2020 or newer. i4 IIIINIEDIMMairillij B. Gross vehicle weight rating. minimum 66,000 lbs. I ■ ■ M 44111114 C. Cab-over model, left and right=hand dual drive. 6 Cl ■ r D. Tandem drive (dual axle). r:1 ❑ ■ 11 E. Vehicle application: Automated Side-load Refuse ® ❑ ❑ XI Hauler _ F. Additional Information. Bidders must make any/all reasonable efforts to reduce operating weight without compromising the structural integrity of the equipment. G. Bidder's Comments. ENGINE SPECIFICATIONS A. Diesel, inline, wet sleeve, six-cylinder design. ►Z/ �I���V_I • B. Minimum: 350 Horsepower. R;.1 •11111111111F1 • C. Minimum: 10.8 Liter. _ II ■ MEMD. Minimum: 1,250 Lb.-Ft. Torque. ►i/ ■ ■ i trais E. Federal emission compliant (not California). 1l ❑ • S F. Vertical exhaust system. ►2' ■ ■ al it G. Engine protection to include emergency shut-down device for low oil and low coolant levels; low oil ® ❑ ❑ E ❑ pressure indicator. H. Coolant: anti-freeze rated to -34° F. ►.1 • ■ I. Coolant block heater, minimum 120 volt/1000 watt. 4 i, i1 J. Cold start equipped (engine air heater). ei El '..4 '" K. Heated fuel water separator. el ❑ LI '! L. Fuel tank heater. ___a__ ❑ — ❑ ❑ M. Air intake system: minimum single element air ® ❑ ❑ cleaner. N. Remote throttle for refuse application and electronic fast idle control. ® ❑ ❑ ® kr } O. Electronic engine requires full variable-speed ® ❑ ❑ governor. P. Engine braking (Jake brake)_ .Ni ❑ ❑ El w- t A-8 Mandatory/Preferred Option Compliance ' Mandato Preferred N/A Yes No Q. Variable geometry turbocharger braking (VGT). _ NMI © ❑ ei S 1 R. Additional comments: i S. Bidder's comments: f. 34,5 Nr (. t 2.(00 ar, A 11 /drlt-a i Heti/i Stv y1,11 , . jJc, t9eL114fir TRANSMISSION • A. Transmission: Allison 4500RDS, 6 speed i ® ❑ ❑ D ❑ automatic, or equivalent. j - B. Automatic transmission shift mechanism: push button. with controls mounted on the dash or center ® ❑ ❑ El ❑ console within easy reach of operator while wearing a seatbelt. _ C. Transmission equipped with automatic neutral ® ❑ ❑ activated by the park brake. D. Engine must be able to advance throttle while ® ❑ ❑ brake pedal is applied. E. Capable of attaining a minimum 65-mph road ❑ ® ❑ speed (with truck fully loaded). _ _ 1 F. Transmission-mounted PTO of cast iron ® ❑ ❑ E ❑ construction. G. Radio to mute when transmission is placed in ❑ ® ❑ El ❑ reverse. H. Additional information: I. Bidder's comments: FRONT AXLE AND SUSPENSION A. Front axle capacity: minimum of 20,000 lbs. i ■ • MAIM B. Front spring suspension. taper-leaf, or multi-leaf design, minimum rating of 20,000 lbs. with shock ® ❑ 0 E ❑ absorbers. C. Manufacturer's standard power steering. _ AL ❑ ❑ D. Additional information: E. Bidder's comments: REAR AXLE AND SUSPENSION A. Double reduction heavy-duty tandem drive rear ® ❑ ❑ ® ❑ axle(s) capacity: minimum 46,000 lbs. B. Driver-controlled differential locking with indicator ® ❑ ❑ El ❑ li.ht. _ C. Gear ratio based on refuse collection application ® ❑ ❑ © J and vehicle configuration. D. Rear suspension: tandem axle 46,000 lbs. ® ❑ ❑ P --- - A-9 A-9 Mandatory/Preferred Option Compliance Mandatory Preferred NIA Yes E. Tandem rear suspension: Hendrickson HMX-460-54 ® ❑ ❑ ❑ with bronze bushings,or equivalent. . . F. Additional information: / G. Bidder's comments: �;",c/cel <� �i<4 BRAKE SYSTEM A. Manufacturer's standard ABS air brake system. re ■ ■ 1l_ 1111 B. Front and rear automatic slack adjusters. C. Air brake system to have heated air dryer. E ]_ _ . __ D. Dust shield on front brakes. // ■_ ■ E. Dust shield on rear brakes. /� ■ d ■ F. Aluminum air brake reservoirs. ■ ■ 611 MI G. Front and rear brakes (disk or drum). I ❑ El a a H. Additional information: I. Bidder's comments: FRAME AND CHASSIS EQUIPMENT A. Heavy-duty frame based on refuse collection RI 0 application and vehicle configuration. ® ❑ ❑ B. Front heavy-duty tow hooks or pins. • I ❑ 1 El (l Q C. Additional information: D. Bidder's comments' FUEL TANKS A. Frame mounted fuel tank, no less than 70 gallons. B. Fuel tanks aluminum construction to minimize ® ❑ ❑ El C3 corrosion. C. Additional Information: D. Bidder's comments: WHEELS AND TIRES A. Tires and wheels: load and speed-rated for ® ❑ ❑ Q 0 specified GVWR. B. Tires: Manufacturer's standard front two (2): load ® n ❑ El ❑ and seed-rated for s•ecified GVWR C. Tires: Rear ei•ht 8 to be 315/80R22.5. El _ 121 lai D. Rear tire brand: Yokohama _ E] ClJ�j' 414 E. Rear tire model: MY627W 315/80R22.5 ® E Q F. Wheels to be all-aluminum construction. or A-I O 1 1 Mandatory/Preferred Option Compliance Mandatory Preferred NfA Yes G. Wheels: Front two (2): load and speed rated for ® n ❑ j ❑ specified GVWR. H. Wheels: Rear eight (8) to be 22.5" x 9.00". - ❑ Cl 3 I. Hubs: Conmet Preset Plus aluminum, front and i ❑ rear. ® ❑ ❑ 0 J. Front tires. all-weather tread design (knob tread notEl ❑ ❑ Q ❑ allowed on front). K. Rear tires: all-weather tread. ❑ ❑ ❑ L. L. Mud flaps mounted front and rear of rear wheel ® ❑ ❑ 0 ❑ assemblies. M. Spare tires: One front and one rear spare wheel ® ❑ ❑ and tire for each vehicle. N. Additional information i O. Bidder's comments: CAB EXTERIOR ------- 1111IIIIIIIIIIjll A. Cab-over design. ❑ ❑ 0 B. Cab shall be painted manufacturer's standard white ® ❑ ❑ 0 tai color. C. Left-hand and right-hand entry assist handles for /1 ❑ ❑ El —milliri safe entry and egress. D. Cab sound insulation includes firewall and engine ❑ ® Cl ❑ cover. E. Horn configuration shall be single, electric. - 121 ❑ ❑ El ITY- .. F. Power mirrors, motorized, three-pane, heated with integral convex mirrors, left and right sides. ® ❑ ❑ ® ❑ Brackets shall allow full adjustment of mirrors. left/right, up/down, in/out and forward/backwards. i G. Cab door: standard one-piece. �__� ❑ n __ D H. Provisions shall be made to allow checking and filling of fluids in the engine, transmission, and ® ❑ ❑ I] 0 radiator without raising the cab. I. Cab tilt with air assist. ❑ ❑ 0 J. Additional information: K. Bidder's comments: CAB INTERIOR _ A. Right and left doors: factory installed power windows and power door locks with controls © ❑ ❑ Ci El mounted on the dash or center console within easy reach of operator. B. Ignition and door locks on all six (6) units to be ® ❑ ❑ ❑ r-1 keyed alike. A-I l Mandatory/Preferred Option Compliance MandaNtory Preferred N/A Yes `' `' C. Four(4) sets of keys per unit. ❑ ❑ D. All window glass shall be tinted. R ❑ Q _ _.. ._, E. Manufacturer's premium level dual interior sun visors with highest level of sun protection for the ® ❑ ❑ 0 0 operator. F. Insulated firewall and floor panels. 0 ❑ ❑ G. Left-hand and right-hand entry assist handles for ® ❑ ❑ 0 safe entry and egress. H. Manufacturer's heavy duty dash-mounted air conditioning installed. Roof mounted systems are el I ❑ El 0 not acceptable. I. Heater and defroster installed. 10 ❑ ❑ J. Manufacturer's standard AM/FM clock radio, with ® ❑ ❑ at least one auxiliary port and blue tooth. K. Dome light. El ❑ ❑ L. Circuit fuses with 12v negative ground electrical ® — ❑ 0 0 _.—_ stem _ M. Seat cover material: heavy-duty vinyl. f ❑ _ El e N. Dual drive, sit-down, premium seat. ►4 0 0 0 ■ O. Dual drive seats to be air ride where possible. _ /� C ❑ 0 • P. Dual drive seats to have folding arm rests both ❑ ® ❑ ❑ El sides. Q. Gaugesprovided ingauge cluster speedometer, i odometer, engine oil pressure, fuel level, DEF ® ❑ ❑ 0 level, tachometer, voltmeter,.transmission temperature, and hour meter. R. Automatic canceling directional signals and hazard ® ❑ ❑ RI ❑ blinkers. S. Pre-trip light inspection capability. ❑ 0 El El T. Cab switches with back lighting for night visibility. 0 C 0 U. Fresh air filter for cab or evaporator filter provided. Ei ❑ ❑ ® —1 V. Three-point driver and passenger seat belt ❑ ❑ Q o retractors. W. Two accessory switches to be installed in dash. 0 ❑ Q ■ X. 12-volt auxiliary power outlet. ❑ El 0 ■ Y. USB charging port. El Q INZ. Dual-drive steering wheels. LI ❑ (}r AA. Tilt/telescopic adjustable steering wheel, where ❑ © ❑ Z ❑ possible. BB. Additional information: CC.Bidder's comments: A Peter' (' L t✓o 01. (-%Ltgi p Nt' 5. ,J::, /�,,° fy,/6/4 ELECTRICAL SYSTEM A. Minimum 130 amp, 12-volt heavy dut alternator. ,,Y A-I2 Mandatory/Preferred Option Compliance Mandatory Preferred N/A Yes - Na B. Three heavy-duty service batteries: cranking capacity shall meet engine manufacture's ® ❑ ❑ V] h` recommended minimum requirements. C. Electrical s stem •rotected b circuit breakers. /ZI l ❑ Li � ❑ 1 D. Starter motor to be 12-volt with thermal over-crankEl ❑ ❑ •rotection. E. Factory installed in-cab switches for body ® ❑ ❑ integration shall be provided. __ F. Windshield wiper system shall provide variable ® n ❑ speed settings with wash and intermittent features. G. Truck light wiring to extend to rear end of frame. El ❑ ❑ ® U H. LED headlights, directional, stop, backup, clearance ® C n ❑ and markers. I. Daytime running lights. 0 in ❑ ® r i J. Back-up alarm with minimum 100 dba installed; ® ❑ ❑ ® r- activated when vehicle is placed in reverse gear. K. Wring for body builder installation of PTO controls ® ❑ ❑ © n provided. L. Battery jumper terminal (jump start). Q. 110 Mil *-:. M. Battery disconnect switch labeled "on/off'. ► — ❑ E N. Additional information: O. Bidder's comments: PAINT A. Truck cab and bed shall be painted manufacturer's 0 ❑ ❑ ❑ standard white. B. Chassis to be painted black. 0 ❑ ❑ C. Additional information: D. Bidder's comments: GENERAL BODY SPECIFICATIONS A. Model year shall be [2020] or newer. .'�I_'11.'10. B. Minimum 31-cubic and ca•acit . =/4 Mme' ❑ Q C. Features standard to this unit shall be furnished. Body shall conform in strength. quality of material and workmanship to that provided by best 0 ❑ ❑ engineering and manufacturing practices of the industr . D. All equipment and components shall be of new model design. assembled and ready for operation 0 ❑ ❑ E at time of delivery. A-I3 Mandatory/Preferred Option Compliance Mandato Preferred N/A Yes o _1 E. Body height above truck frame not to exceed federal, state and local law. Please note the ❑ ❑ ❑ expected height of completed vehicle. '.' foot /i inches. F. Body width to not to exceed federal, state and local ® ❑ ❑ ❑ E, law. G. Additional information: H. Bidder's comments: i. Yr /s /i - /l "/O, r G01/0.1 HOPPER A. Hopper capacity to be a minimum of six (6) cubic ® ❑ ❑ yards. B. Covered to prevent refuse from escaping out the121 ❑ ® ❑ top. C. Right hand side door of sufficient size to allow ® ❑ ❑ dropped container removal. ' D. A ladder or foot supports with grab handles shall be designed to meet OSHA standards and provide ® ❑ ❑ easy access to the hopper area. E. Hopper door interlock shall be in place to stop ® ❑ ❑ hydraulics when the hopper door is open. Additional information: G. Bidder's comments: CRUSHER PANEL A. Hydraulic crusher panel shall be furnished to prevent refuse loss during transport, optimize 0 ❑ ❑ compaction and assist in transfer into body. B. Hydraulic protection to prevent dumping on top of ❑ ® ❑ ❑ panel. C. Additional information. D. Bidder's comments: REAR TAILGATE A. Hydraulically operated, complete with automatic hydraulic locking mechanisms to ensure it remains ® ❑ ❑ DA closed when driving and compacting. B. Hinged at or above the roofline using high strength ® ❑ ❑ steel hinges. C. Hydraulic cylinders or lines to be equipped with flow restrictor to prevent sudden descent in case of 0 ❑ ❑ hydraulic component failure. A-14 Mandatory/Preferred Option Compliance Mandatory Preferred N/A Yes ' '�_" D Rubber seal to prevent liquid leakage. ® ❑ , ❑ E. Hydraulically opened and closed using two (2) Q ❑ ❑ cylinders. F. Indicator light and audible alarm provided in cab to ® ❑ ❑ _ indicate when tailgate is unlocked. G. Safety prop(s) provided to allow safe cleaning, ® El maintenance and inspection. , --- ------ ----- — — H. Additional information' I. Bidder's comments: EJECT DUMPING SYSTEM A. Dumping to be accomplished by raising the body. /! ■ IN F/ B. Body dump angle shall be such that all refuse in ® ❑ the box will be removed without sticking or bridging. C. Dumping controls shall be cab-mounted. Controls shall be interlocked with a manual override to ® ❑ 0 21 prevent accidental refuse discharge. Recessed switches are an acceptable substitution. D. Indicator light and audible alarm provided in cab to ® ❑ ❑ El indicate when body is elevated. E. Driver must have access to all ejection controls ® ❑ from inside the cab. F. Safety prop(s) to support body while in raised ® [] ❑ El position. G. Additional information: H. Bidder's comments: PACKER 1A. Electronically controlled, allowing packing based on ® n ❑ RIi container count or manual operation B. Controls located inside cab. I E ❑ El la C. Emergency red button to stop packer movement at ® ❑ ❑ © 0 an time. D. Packer shall complete a pack cycle in a maximum ® ❑ ❑ of 20 seconds at idle seed. El 0 E. Additional information: F. Bidder's comments: LIFTING AND GRIPPING MECHANISM__ ' A. Hydraulically operated and activated by a joystick 0 El _ in the cab while operator is in the seated position. ® ❑ L A-15 Mandatory/Preferred Option Compliance _ J Mandatory Preferred N/A Yes F ' B. Joy stick shall be conveniently located left of operator (with operator in the right-hand driver's seat position). An ergonomically designed padded ® ❑ 0 0 armrest to support the operator's arm during o•eration is preferred. C. Hydraulically-operated and activated by controls ® ❑ ❑ ❑ while o•erator is standing outside the vehicle. D. Lifting mechanism shall be chassis-mounted or lifting mechanism must rest on chassis if body ® ❑ ❑ El 0 mounted, Body mounting without frame support is not acceptable. E. Lifting mechanism shall be able to accommodate ® ❑ ❑ Q ❑ containers from 30-gallon to 96-gallon. _ F. Gripping force is to be adjustable to provide container retention and also for limiting the radial ® ❑ ❑ M 0 force applied to prevent container damage. G. Container shall be tilted a minimum of 45 degrees ❑ ❑ Q past horizontal to provide full dumping. H. Horizontal reach from side of vehicle shall be ® ❑ ❑ minimum 144 inches (12 feet). _ I. Lifting mechanism shall be capable of a maximum reach dump cycle, which includes grip, lift, dump, un-dump, lower, and un-grip in a maximum of 20 ® ❑ ❑ O seconds. Note dump cycle time here: 'i) < , J. Additional information: K. Bidder's comments: LUBRICATION A. All packer grease fittings must be easily accessible ❑ ® ❑ from the •round. B. Additional information: C Bidder's comments: SAFETY FEATURES A. The control system shall monitor vehicle brake status to ensure the arm can't extend without the ❑ ® ❑ 0 (.J foot brake being applied. B. The control system shall monitor vehicle speed to ensure the arm can't extend at unsafe speeds ❑ ® ❑ ❑ j regardless of brake status. A-16 Mandatory/Preferred Option Compliance Mandatory , Preferred N/A Yes No C. A body-tailgate interlock shall be present, stopping the body from lifting unless the tailgate has been ❑ N ❑ ❑ ❑ opened first, to prevent accidental body lifting. , D. Hopper door interlock shall be present so that if either the hopper door is open or the hopper ® ❑ ❑ access ladder is down (if applicable) hydraulic motion is prevented. , E. An operator presence switch shall be located on ® CI ® ❑ the o stick s to •revent accidental arm movement. F. In-cab emergency stop shall be configured to cutEJ El t •ower to the h draulic s stem. ® ❑G. G. An audible alarm and/or warning light shall indicate when the arm is un-stowed without brakes being ® ❑ ❑ E ❑ a••lied and/or above safe seed. H. Additional information: I. Bidder's comments. HYDRAULICS A. Vane or •ear •um•. • ■ ■ B. Hydraulic reservoir shall be equipped with a ® ❑ ❑ ma•netic drain .lug_ T __ C. Oil level si•ht •age. _ ►:4 ❑ ❑ D. Thermometer. ►/ ❑ ❑ E E. Shut-off ball valve on suction line. ►A ❑ ❑ IZ F. Return line filter. ►.1 ❑ ❑ E G. Hydraulic control assemblies must be located so that at no time or load condition it becomes ® ❑ ❑ © ❑ necessary to remove the load to service these corn•onents. ' H. Quick disconnect fittings are provided so that a pressure gauge can be easily connected without ® ❑ ❑ E 0 using tools or hydraulic fitting removal. IT Hydraulic hoses shall have a minimum burst pressure of 4 times the operational pressure rating ® ❑and be covered with nylon wrap where chafing might occur. J. Rate of compaction shall be a minimum of 900 lbs. ® ❑ TT-4H ser cubic and of d household trash. _ K. Additional information: L. Bidder's comments: BODY A. Body is to be painted manufacturer's standard ® ❑ ❑ Q I white. A-17 Mandatory/Preferred Option Compliance Mandatory Preferred N/A Yes B. Body: rounded shape enhancing durability andgl ® ❑ ❑ resistance to deformation. No trough floor. C. Body to be all welded construction. ❑ ❑ 0. Body must be certified to meet the specified ® ❑ ❑ 21 compacting requirements without body distortion. E. Abrasion-resistant steel to be used to reduce wear ® ❑ ❑ from trash. F. Clean-out door(s). ❑ R. E G. Clean-out tool. ❑ ❑ H. Additional information: I. Bidder's comments: POWER EQUIPMENT A. Electronic over-speed control with warning light to indicate unit is engaged. ❑ ❑ B. Additional information: C. Bidder's comments: ONBOARD WEIGHING SYSTEM A. Onboard weighing shall be a fixed body scale system (tip-to-dump), factory-calibrated and ® ❑ ❑ C minimal maintenance. B. Cells, hardware, and connections shall be plated for long-term protection from corrosive elements. Cells I ® ❑ ❑ © ❑ built to withstand weight in the event of vehicle overload. C. Weigh system shall have a digital monitor for cab Readout to include gross and net weights. All ® ❑ ❑ d ❑ channels plus total to be viewed at any time. D. Set points, calibration adjustments, etc., to be non- ® r— ❑ ❑ ❑ tamperable in general use. E. Warning signal(s) for excess of set points. Wiring to extend for allowance of mounting monitor ® ❑ ❑ ❑ anywhere in the cab. Monitor mounting to be done by buyer. F. Additional information: G. Bidder's comments: V C lic X4ie A-18 Mandatory/Preferred Option Compliance Mandato Preferred N/A Yes No CAMERA SYSTEM A. Two (2) Safety Vision 7" color monitors (70WQ4). Monitors to be mounted to the window with fan base ® ❑ ❑ 0 i_ adhesive mounts (SV-LCDBBRKY). • B. Three (3) Safety Vision color cameras • One (1) white (630A) mounted on the rear of the truck as a backup view. • One (1) black (SV-EXTCAM or 630A) mounted ® ❑ ❑ ® ❑ on the left mirror to view the blind spot. • One (1) white (630A) mounted in the hopper to view the hopper and inside of the cart while being emptied. C. All three (3) cameras shall have Y-harness (SV- Y2VIDEO) connecting each camera to both ® ❑ ❑ monitors. D. One (1) monitor to show the hopper camera full screen and one (1) monitor to show split screen of the blind spot camera and rear view back-up ® ❑ ❑ Q Pi' camera. When the truck is in reverse the back-up camera should be triggered to full screen. L E. Additional information: F. Bidder's comments: ELECTRICAL LIGHTS A. All lights and reflectors shall be in accordance with Federal and State I.C.C. Motor Vehicle Safety ® ❑ ❑ Standards. B. Unit must include hopper and side mounted work ❑ ❑ lights. C. Additional information: D. Bidder's comments: WARRANTY A. Manufacturer's standard warranty for body. ® ❑ ❑ ram B. Chassis manufacturer's 5 year, 150,000 mile ® ❑ ❑ en•ine and after-treatment warranty. C Chassis/packer body assembly shall meet current ® ❑ ❑ © .. DOT and KDOT axle weight/bridge regulations. D. Towing warranty of 5 years. (1-,16 c) (A' �i ❑ ❑ ❑ A-19 Mandatory/Preferred Option Compliance Mandato Preferred N/A Yes Ho E. Location where all warranty, repair and service shall be,performed. obsso Name: C:'(/c � f ri1i/1 Fitt(e (12(y Street:/`(&i G' Is � � l �'`'A 41. i'rj City: 60r1Gf1.1:'.)J, !/'?C L-'rGjG i'. /es' t POC: ,/? , ',til', `fr!' Email:Ju'1/+n<'(ri6k ,u ? L: (z1,,r, /l, il��3�r r</i . Tel #: t`Y/ I crCi C0•6, Website: ett,'1)(/4;n*:ii,9( 44" .SU,r,efIttfik �O'r'f iJ II I This location should be capable of performing all warranty repair and service for the full life of the warranty. If bidder selects a facility/location for warranty repairs and services that result in greater than warranty-approved costs, then bidder agrees to pay full warranty amount and any differences in costs to cover all expenses related to the repair/service work from this facility/location_ The City is not responsible for any additional fees or charges related to this work. F. Manufacturer must provide a letter certifying the compactor is capable of packing a minimum of 900 lbs. per yard, on a continuous basis, without damage to the packer unit. The rate of compaction is based on an average day of household refuse. This letter must accompany the vendor's bid. G. Manufacturer must provide a letter certifying the lifting mechanism is capable of lifting 1,000 lbs. at any point to which the arm is extended. This letter must accompany the vendor's bid. H. Additional information: I. Bidder's comments: VEHICLE TAG AND INFORMATION A. A 60-day temporary tag and transfer agreement papers must accompany delivery of vehicle. Delivery shall not be considered complete without either of these documents. B. Window stickers, line build sheets, manufacturer's specifications and data must accompany I ® ❑ C 0 agreement papers. l C. Additional information: A-20 Mandatory/Preferred Option Compliance L Mandatory Preferred N/A Yes No D. Bidder's comments. LITERATURE AND TRAINING _ A. Successful bidder shall furnish one (1) electronic set of manuals for truck covering operator, shop ® ❑ ❑ © ❑ service, electrical, and vacuum trouble shooting. power train, drive train, body and chassis. B. Successful bidder shall furnish one (1) electronic set of manuals for refuse body and lifting ® ❑ ❑ ® ❑ mechanism covering operator, shop service, repair and parts catalog. C. Successful bidder shall provide, as soon as possible after delivery, training on new electrical ® ❑ ❑ and emissions technology used on the delivered vehicle. D. Additional information: E. Bidder's comments: INSPECTION, DELIVERY DELIVERY AND TRADE-IN VEHICLES A. Anticipated delivery date: 0-3 months 3-6 months _ 6-9 months ❑ ® ❑ © `— *9-12 months \-, *Preferred delivery 12+ months I j B. Inspection of new equipment shall be made as ® ❑ ❑ soon as possible upon delivery. C. Vehicle with missing equipment or otherwise failing to meet the specifications shall not be accepted ® ❑ ❑ (a 0 and shall become the vendor's res•onsibilit . D. Delivery of vehicle is: F.O.B. City of Salina Central Garage ® ❑ ❑ Z ❑ 418 E. Ash Street Salina, KS 67401 E. A complete set of specifications of the units bid, descriptive literature, date of delivery. and warranty information (including copies of the actual ® ❑ ❑ warranties and disclaimers to be issued) shall be included with the bid submittal. The window sticker shall be left on the vehicle. A-21 Mandatory/Preferred Option Compliance Mandatory Preferred NIA Yes F. Trade in equipment will not be available to vender until side-load refuse trucks are •laced in service. G. Additional information: _ H. Bidder's comments: A check mark response acknowledging compliance shall be provided in the appropriate blocks above for all entries. Any additions, deviations or variances from the above specifications shall be expressly identified and thoroughly explained. However. failure to provide this information or failure to meet minimum mandatory specifications shall result in a bid not being considered. It shall be the City's sole discretion to consider variances. If the boxes are not properly checked or a vendor fails to meet precise bid specifications or approved variances, that bid shall not be considered. A-22 TRADE-IN EQUIPMENT UNIT: 570 VIN: 2FZHATBSX9AAD4756 ASSET: 15713 MILES: 74,091 UNIT: 560 VIN: 1 FVHCYB8ADAN9502 ASSET: 15742 MILES: 88.517 UNIT: 545 VIN: 1HTVVGAAR7BJ359838 ASSET 15775 MILES: 72.100 UNIT: 108 VIN: 2FRAATDJ78AZ54799 ASSET 15680 MILES: 64,771 UNIT 109 VIN: 2FZHATAK64AM18397 ASSET: 04444 MILES: 105,345 A-23 Exhibit B CITY OF SALINA, KANSAS STANDARD PURCHASE TERMS AND CONDITIONS 1. Contractor's Obligations. The Contractor shall fully and timely provide all Deliverables described in the Contractor's Bid in strict accordance with the terms, covenants, and conditions of this Contract, the Specifications,and all applicable federal,state,and local laws. 2. Effective Date;Term. This Contract shall be effective as of the date of the City's purchase order, and shall continue in effect until all obligations are performed in accordance with this Contract. The Contractor shall furnish the Deliverables, and provide all related services, on or before the date(s) or within the time(s) specified in the Contractor's Bid. 3. Title&Risk of Loss.Title to and risk of loss of the Deliverables shall pass to the City only when clear and unencumbered title to the Deliverables has been furnished to the City and Notification of Acceptance has been issued by the City. 4. Delivery Terms and Transportation Charges. All deliveries shall be F.O.B. destination with all transportation and handling charges paid by the Contractor. The place of delivery shall be that location set forth in the purchase order. 5. Inspections; Rejection; Withholding Acceptance Pending Cure. The City expressly reserves all rights to inspect the Deliverables within a reasonable time after delivery, and to reject defective or non-conforming goods. Notwithstanding anything to the contrary contained in applicable law or in any laws of sales or standards and practices m the industry, any acknowledgement of receipt or delivery of the Deliverables by the City shall not constitute acceptance by the City or waiver of any defects or nonconformance. Acceptance of the Deliverables shall not be deemed to occur until the City's issuance of the written Notification of Acceptance to the Contractor. The City reserves the right to reject the Deliverables, in whole or in part, if the Deliverables fail in any respect to conform to the Specifications and requirements contained in or made a part of the Bid; if they are defective in any respect; or if they have not been properly or satisfactorily installed or equipped. If the Deliverables are substantially in compliance with the Specifications, but are defective or nonconforming to some degree, the City may, in its sole discretion, withhold acceptance until the Deliverables are rendered non-defective and conform in every respect to the Contract. 6. Invoices. Invoices shall be prepared and submitted in duplicate to the "ship-to" address specified on the purchase order. Separate invoices are required for each purchase order. Invoices shall contain the following information: purchase order number, item number, description of goods or services, sizes, units of measure,quantity,unit price,and extended totals. 7. Payment. The City shall pay the Contractor for goods and services rendered, in one lump sum, which shall be due and payable to Contractor within thirty (30) calendar days after the City's receipt of the invoice. Provided, however, that no payment shall be due until after: (a) the City has issued a Notification of Acceptance with respect to all Deliverables covered by the invoice; and (b) the Contractor has provided clear and unencumbered title to the Deliverables. No.C.O.D.s will be accepted. 8. Warranties. The Contractor warrants and represents that all Deliverables sold to the City under this Contract shall he free from defects in design, workmanship or manufacture, and further represents and warrants that all Deliverables shall conform in all material respects to: (i) the Specifications, drawings, and descriptions; (ii) any samples furnished by the Contractor; (iii) the terms, covenants and conditions of this Contract; and (iv) all applicable state, federal or local laws, rules, and regulations, and industry codes and standards. These warranties shall be in addition to any other warranty or guarantee provided by the Contractor. Unless otherwise stated in the Specifications, the Deliverables shall he new merchandise, and not used or reconditioned. The Contractor may not limit, exclude or disclaim the forgoing warranties or any warranty B-1 implied by law, and any attempt to do so shall be without force or effect. The warranty period shall be at least one year from the date of acceptance of the Deliverables or from the date of acceptance of any replacement Deliverables, or such longer period as may be required by the Specifications. If the Contractor is not the manufacturer and the Deliverables are covered by a separate manufacturer's warranty, the Contractor shall transfer and assign such manufacturer's warranty to the City. If for any reason the manufacturer's warranty cannot be fully transferred to the City. the Contractor shall assist and cooperate with the City to the fullest extent to enforce such manufacturer's warranty for the benefit of the City. 9. Indemnification. To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold harmless the City, its agents, representatives, officers, officials and employees from and against all claims,damages, losses and expenses (including but not limited to attorney fees and court costs)attributable to bodily injury, sickness, disease. death, or injury to, impairment, or destruction of property, including loss of use resulting therefrom,to the extent that such claims,damages, losses, and expenses relate to, arise out of,or are alleged to have resulted from the wrongful acts, errors, mistakes, omissions, or defective work or services of the Contractor,its employees,agents,or any tier of subcontractors in the performance of this Contract. 10. Default.The Contractor shall be in default under this Contract if the Contractor fails to perform any of its obligations under this Contract within ten (10) days after written notice to comply has been mailed by the City to the Contractor("Event of Default"). 11. Remedies. Upon the occurrence of an Event of Default, the City may exercise any or all of the following remedies, which are in addition to,and not in lieu of, any other remedies available to the City under law or equity: (a) terminate this Contract and the Contractor's rights under the Contract; (b) procure the Deliverables from another source, and hold the Contractor liable for the difference in cost together with incidental and consequential damages, including costs and reasonable attorney fees; or(c) hold the Contractor liable for the difference between market price of the Deliverables and the agreed price herein, together with incidental and consequential damages, including costs and reasonable attorney fees. In addition, the City may pursue any available remedy at law or in equity(including specific performance)by suit,action, mandamus or other proceeding to enforce and compel the performance of the Contractor's duties and obligations set forth in this Contract, to enforce or preserve any other rights or interests of the City under this Contract or otherwise existing at law or in equity and to recover any damages incurred by the City resulting from such Event of Default. 12. Termination without Cause. The City shall have the right to terminate this Contract, in whole or in part, without cause, at any time upon thirty (30) calendar days' prior written notice. Upon receipt of a notice of termination, the Contractor shall promptly cease all further work pursuant to the Contract, with such exceptions, if any, specified in the notice of termination. The City shall pay the Contractor, to the extent of funds appropriated or otherwise legally available for such purposes, for all goods delivered and services performed and obligations incurred prior to the date of termination in accordance with the terms hereof. 13. Special Tools and Test Equipment. If the price stated in the Contractor's Bid includes the cost of any special tooling or special test equipment fabricated or required by the Contractor for the purpose of fulfilling this Contract,such special tooling equipment and any process sheets related thereto shall become the property of the City and shall be identified by the Contractor as such. 14. Equal Opportunity. (a) In conformity with the Kansas act against discrimination and Chapter 13 of the Salina Code, the Contractor and its subcontractors,if any, agree that: (1) The Contractor shall observe the provisions of the Kansas act against discrimination and Chapter 13 of the Salina Code and in doing so shall not discriminate against any person in the performance of B-2 i work under this Contract because of race, sex, religion, age, color, national origin, ancestry or disability; (2) The Contractor shall include in all solicitations, or advertisements for employees, the phrase "equal opportunity employer,"or a similar phrase to be approved by the city's human relations director; (3) If the Contractor fails to comply with the manner in which the Contractor reports to the Kansas human rights commission in accordance with the provisions of K.S.A. 44-1031 and amendments thereto, the Contractor shall be deemed to have breached this Contract and it may be canceled, terminated or suspended,in whole or in part,by the City; (4) If the Contractor is found guilty of a violation of Chapter 13 of the Salina Code or the Kansas act against discrimination under a decision or order of the Salina human relations commission or the Kansas human rights commission which has become final, the Contractor shall be deemed to have breached this Contract and it may be canceled, terminated or suspended, in whole or in part, by the City; (5) The Contractor shall not discriminate against any employee or applicant for employment in the performance of this Contract because of race, sex, religion, age, color, national origin, ancestry or disability;and (6) The Contractor shall include similar provisions in any subcontract under this Contract. (b) The provisions of this section shall not apply to this Contract if the Contractor: (I) Employs fewer than four employees during the term of this Contract;or (2) Contracts with the City for cumulatively$5,000 or less during the City's calendar fiscal year. 15. Taxes. The equipment purchased hereunder is purchased by the City, a tax exempt entity, for public and municipal purposes and the parties understand that this sale shall be exempt from taxation. 16. Patent and Copyright Infringement. The Contractor shall be required to pay all royalties and license fees and shall defend, indemnify, and hold harmless the City, its agents, representatives, officers, officials and employees from liability of any nature or kind, including costs and expenses, for or on account of any patented or unpatented invention, process, article, or appliance manufactured or used in the performance of this Contract,including its use by the City. 17. Non-appropriation. The City is subject to Kansas budget and cash basis laws, and operates on a calendar fiscal year. In the event that this Contract involves financial obligations spanning multiple fiscal years for the City, it is subject to annual appropriation by the City's governing body for future fiscal years. If the City's governing body does not appropriate the funds necessary to fulfill the City's financial obligations pursuant to this Contract, the City shall so notify the other parties to this Contract and this Contract shall be null and void for purposes of the fiscal year(s) affected by the decision of the governing body not to appropriate. 18. Relationship. It is expressly understood that the Contractor, in performing services under this Contract, does so as an independent contractor. The City shall neither have nor exercise any control or direction over the methods by which Contractor performs its services hereunder. The sole interest and responsibility of the City is to see that the services covered by this Contract are performed and rendered in a competent, efficient, and satisfactory manner. The Contractor shall be exclusively responsible for all taxes, withholding payments, employment-based benefits, deferred compensation plans, including but not limited to its workers compensation and social security obligations, and the filing of all necessary documents, forms, or returns pertinent to the foregoing.\ B-3 19. Notices. All notices required or permitted to be given pursuant to this Contract shall be in writing and delivered personally or sent by registered or certified mail, return receipt requested, or by generally recognized,prepaid, commercial courier or overnight air courier service. Notice shall be considered given when received on the date appearing on the return receipt, but if the receipt is not returned within five (5) days, then three (3) days after mailed, if sent by registered or certified mail or commercial courier service; or the next business day, if sent by overnight air courier service. Notices to the Contractor shall be to the address specified in the Contractor's Bid, or at such other address as the Contractor may designate via a written notice to the City. Notices to the City shall be addressed to the City of Salina,Attn:City Clerk,P.O.Box 736,Salina,Kansas 67402- 0736. 20. Compliance with Applicable Law. The Contractor shall comply with all applicable federal, state, and local law in the performance of this Contract. 21. Administration of Agreement. All references in this Contract to City's participation or approval shall mean the participation or approval of the City Manager,or his or her designee,unless otherwise provided herein. 22. Attorney Fees. If any suit or action is instituted by either party hereunder, including all appeals, the prevailing party in such suit or action shall be entitled to recover reasonable attorney fees and expenses from the non-prevailing party,in addition to any other amounts to which it may be entitled. 23. Right to Independent Legal Advice. The Contractor understands and acknowledges the right to have this Contract reviewed by legal counsel of the Contractor's choice. 24. Applicable Law; Venue. This Contract and its validity,construction and performance shall be governed by the laws of Kansas. In the event of any legal action to enforce or interpret this Contract,the sole and exclusive venue shall be in the Saline County,Kansas District Court. 25. Interpretation. This Contract shall be interpreted according to its fair meaning, and not in favor of or against any party. 26. Time. Time is of the essence of this Contract. No extension will be granted unless in writing and signed by the parties. Should the end of a time period fall on a legal holiday that termination time shall extend to 5:00 p.m.of the next full business day. 27. Severability. The unenforceability, invalidity, or illegality of any provision of this Contract shall not render the other provisions unenforceable,invalid,or illegal. 28. Amendments. Neither this Contract nor any of its terms may be changed or modified, waived, or terminated except by an instrument in writing signed by an authorized representative of the party against whom the enforcement of the change, waiver, or termination is sought. Without limiting the foregoing, no pre-printed or similar terms on any invoice, order, or other document shall have any force or effect to change the terms, covenants, and conditions of this Contract. 29. Waiver. No failure or delay by a party hereto to insist on the strict performance of any term of this Contract,or to exercise any right or remedy consequent to a breach thereof,shall constitute a waiver of any breach or any subsequent breach of such term. No waiver of any breach hereunder shall affect or alter the remaining terms of this Contract,but each and every term of this Contract shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. 30. Conflict Resolution. No interpretation of this Contract shall be allowed to find the City has agreed to binding arbitration. B-4 31. No Third Party Beneficiaries. Solely the parties to this Contract shall have rights and may make claims under this Contract. There are no intended third party beneficiaries under this Contract,and no third parties shall have any rights or make any claims hereunder. 32. Feminine-Masculine,Singular-Plural. Wherever used, singular shall include the plural, plural the singular, and use of any gender shall include all genders. 33. Headings.The headings of the sections of this Contract are included for the purposes of convenience only and shall not affect the interpretation of any provision hereof. 34. Binding Effect. This Contract shall extend to and bind the heirs, executors, administrators, trustees, successors and authorized assigns of the parties hereto. 35. Non-Assignable. Due to the unique qualifications and capabilities of the Contractor,neither the rights nor responsibilities provided for under this Contract shall be assignable by either party,either in whole or in part. Entire Agreement This Contract constitutes the entire agreement between parties and supersedes all prior oral written understandings. This Contract shall not be altered,modified,amended or changed except by written amendment signed by the parties. B-5 Exhibit C ADDENDUMS December 18,2019 ADDENDUM NO. 1 The Purchase of Six(6)Side-load Refuse Trucks(Public Works/Sanitation) Staff Response to Bidders'Questions Question: B.Driver-controlled differential locking with indicator light.Are you wanting to lock the front and rear drive axle, standard power divider lock,or are you wanting to lock them side to side as well in addition to front to back? Answer: We want to lock the front and rear drive axle. C-1 January 2, 2020 ADDENDUM NO. 2 The Purchase of Six(6)Side-load Refuse Trucks(Public Works/Sanitation) Staff Response to Bidders'Questions Question:Can you double check these VIN's and let me know what the correct ones are? This is missing a digit: Unit 560 VIN: 1FVHCYB8ADAN9502 This is a bad VIN Unit 108 VIN:2FRAATD178AZ54799 Answer: 560 1FVHCYBS8ADAN9502 108 2FZAATD178AZ54799 C-2 Dunstan, Shawn From: Dunstan, Shawn Sent: Friday, February 21, 2020 2:09 PM To: 'Kevin Hilgendorf' Cc: Teutsch, Jim Subject: Sanitation Truck Acceptance Period Extension Dear Kevin, Because the City plans to pay for the automated refuse trucks from your company with General Obligation Bonds,we are requesting an extension to the term of the acceptance period through April 2020 as noted in paragraph 2. "Bidder's Acknowledgment" of the Bid Form. Bid opening occurred on January 10, 2020 and bids are currently good for 60 days after bid opening, which is March 10, 2020. The proposed Resolution 20-7818 states the City's intent to finance the purchase of Automated Refuse Trucks with General Obligation Bonds and provides authority to publish a Notice of Intent to issue the Bonds. K.S.A. 12-2104 requires a notice of the intention to issue the Bonds to pay the costs of solid waste equipment. The Notice must be published once each week for two (2) consecutive weeks in the official City newspaper. If,within thirty(30)days following the date of the last publication, a petition signed by not less than five percent (5%)of the qualified electors of the City is filed with the City Clerk,then the Bonds may not be issued until there is an election and voters have approved the issuance of bonds for this purposes. If, however, no such protest petition is timely filed,the City may proceed issuance of the Bonds to finance the cost of the Automated Refuse Trucks. In the event that a protest is filed, City Commission has the option to either run an election or choose another source of funding for the trucks. Will Elliott Equipment Company honor the bid price for the six(6)automated refuse trucks through April,2020? Thank you and let me know if you have any questions. Shawn Shawn Dunstan Sanitation Superintendent Department of Public Works General Services 412 E Ash Salina, KS 67401 Phone (785) 309-5750 Fax (785) 826-7373 shawn.dunstan@salina.org "To Build and Maintain a Clean, Safe Community"