HomeMy WebLinkAbout09-12-16 CC Mtg - C2. NOA & PA - Neo Solutions - Polymer
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Herb Bartle, Bozeman WRF Superintendent
SUBJECT: Award bid for the purchase of a year’s worth of Polymer for the Bozeman WRF
Screw Press.
MEETING DATE: September 12, 2016
AGENDA ITEM TYPE: Consent
RECOMMENTATION: Award bid to Neo Solutions to supply NS4413 polymer for a year at a cost
of $1.24 per pound delivered to the Bozeman WRF.
BACKGROUND: Bids for this product were advertised and opened on August 14 and 21, 2016.
Neo-Solutions, Inc. was the only company that submitted a qualified bid as per instructions to the City
Clerk’s Office.
ALTERNATIVES: As suggested by the City Commission.
FISCAL EFFECTS: This polymer cost has been accounted for in the Bozeman WRF budget.
Attachments: Polymer Bid Sheet
Notice of Award
Bid Form
Purchase Agreement
Report compiled on August 31, 2016
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NOTICE OF AWARD
Dated: ________________________
TO: Neo Solutions
ADDRESS: P.O. Box 26 Beaver, PA 15009
CONTRACT FOR: To supply a year’s worth of Polymer for the Bozeman WRF Screw Press at
$1.24 per pound delivered to the Bozeman WRF.
You are notified that your Bid opened on August 26, 2016 at 2 p.m. for the above Contract has
been considered. You are the apparent Successful Bidder and have been awarded a Contract for
the: Purchase of a year’s worth of NS4413 polymer at a $1.24 per pound delivered to the Bozeman
WRF.
One (1) copy of the Contract Documents has been signed and accompanies this Notice of Award
for your records.
CITY OF BOZEMAN, MONTANA
BY: __________________________________ (CITY MANAGER)
BY: ___________________________________ (CITY CLERK)
DATE: _______________________________
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2016 WRF Polymer - Purchase Agreement
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BID PURCHASE AGREEMENT
THIS AGREEMENT is made this _____ day of ______________, 2016, by and between the CITY OF BOZEMAN, a municipal corporation organized and existing under the laws of the State of Montana, 121 North Rouse Ave., Montana 59715, hereinafter referred to as “City,” and Neo-Solutions, Inc., with a mailing address of P.O. Box 26, Beaver, PA 15009, hereinafter
referred to as (“Seller”).
In consideration of the mutual promises and agreements hereinafter contained, the parties agree as follows:
1. PROPERTY PURCHASED: Seller agrees to sell and City agrees to purchase the
property requested and described in City’s Bid Specifications, from the Seller all of which is
incorporated into this Purchase Agreement by this reference. By accepting this Purchase Agreement, Seller hereby agrees that the sale, use, or incorporation into manufactured products of all machines, software, hardware, materials and other devices furnished under this Purchase
Agreement which are not of the Seller’s design, composition, or manufacture shall be free and
clear of infringement of any valid patent, copyright, or trademark. Seller shall hold the City
harmless from any and all costs and expenses, including attorney fees, liability, and loss of any kind growing out of claims, suits, or actions alleging such infringement, and Seller agrees to defend such claims, suits, or actions.
The property being purchased (“Property”) consists of:
Neo-Solutions product NS 4413 in tote containers
PRICE per pound Delivered:______$1.24_______________
2. SPECIFICATIONS: The Seller agrees that all material and workmanship in and
upon this Property complies with the City’s Bid Specifications as shown on the Seller’s Bid Form
and the Seller’s response thereto as accepted by the City. Unless otherwise agreed to by the City,
the City’s Bid Specifications as shown on the Seller’s Bid Form govern in the event of
inconsistencies with the Seller’s response to the same.
3. PRICE: The City agrees to pay One Dollar and 24 Cents (___$1.24____) as the
purchase price. All prices include any applicable local, state or federal taxes that may be applied
to the Property to be purchased. This price is firm and not subject to escalation unless agreed to
in writing by the City for one year.
4. DELIVERY AND PAYMENT: Time is of the essence in the performance of this
Purchase Agreement. Seller assumes full responsibility for all transportation, transportation
scheduling, packing, handling, insurance, and other served associated with delivery of the
Property.
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2016 WRF Polymer - Purchase Agreement
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Seller agrees to delivery to the City within Thirty (30) days of the City’s order. Delivery
will occur at the City of Bozeman’s Water Reclamation Facility, Bozeman, MT 59718, or at a
place otherwise selected by City. If delivery of the Property and/or performance of services
required under this Purchase Agreement cannot be made Seller shall promptly notify the City of the earliest possible date for delivery or performance. Notwithstanding such notice, if Seller for
any reason fails to deliver the Property or perform required services within the time specific or to
the City’s satisfaction the City may terminate this Purchase Agreement or any part therefore
without liability except for good or services previously provided and accepted. The City’s receipt
or acceptance of any part of a non-conforming delivery or service shall not constitute a waiver of any claim, right or remedy the City has under this Purchase Agreement or applicable law. Upon
delivery and for a reasonable period thereafter, City has the right to inspect the Property to ensure
that it meets Specifications as modified by Seller’s responses which have been accepted by City.
If the Property meets the Specifications, City shall tender the purchase price stated above to Seller
through the City’s normal claim process. Unless otherwise agreed to in writing, payment terms shall be net thirty (30) days from the date of receipt of invoice or acceptance and delivery of goods
and services by the City, whichever occurs last. Payment will be made to Seller at the address
previously stated unless Seller provides a different address in writing. Invoices must be mailed to:
Herb Bartle, Superintendent of Bozeman’s WRF, 2245 Springhill Rd, Bozeman, MT 59718.
5. NONDISCRIMINATION: Seller will not discriminate in the performance of this
Agreement on the basis of race, color, religion, creed, sex, age, marital status, national origin, or
because of actual or perceived sexual orientation, gender identity or disability and shall ensure this
provision applies to all subcontracts let by the Seller in fulfillment of this Purchase Agreement.
6. DEFAULT/ TERMINATION/ REMEDIES: In the event of Seller’s breach of
this Purchase Agreement, including if Seller fails to deliver the Property as set forth herein or fails
to meet City’s Specifications, City may, at its option, take any or all of the following actions
without prejudice to any other rights or remedies available to the City by law: (i) declare the Seller
in default and immediately cancel and rescind this Purchase Agreement; (ii) require Seller to repair or replace any equipment or materials used in the Property, and upon Seller’s failure or refusal to
do so, repair or replace the same at Seller’s expense; (iii) reject any material or equipment included
in the Property containing defective or nonconforming equipment or material and return for credit
or replacement at Seller’s option; or (iv) cancel any outstanding deliveries and treat such breach
by Seller as Seller’s repudiation of this Purchase Agreement. Thereafter, City may procure substitute property to replace the Property described herein. In such event, Seller is liable to City
for the difference between the price set forth herein and the price paid by City for the replacement
property. Additionally, the City may pursue any other remedy it has at law or in equity.
In the event of the City’s breach hereunder, Seller’s exclusive remedy shall be Seller’s recovery of the material or equipment or of the Purchase Price or portion of the Purchase Price
payable for equipment and material delivered to the City prior to such breach.
8. WARRANTY: THE SELLER SHALL WARRANTY THE PROPERTY INCLUDING ALL COMPONENT PARTS IN ACCORDANCE WITH WARRANTY
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2016 WRF Polymer - Purchase Agreement
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SPECIFICS LISTED IN ADDENDUM B AND SHALL ASSIGN TO THE CITY ALL WARRANTIES FOR ALL COMPONENT PARTS OF THE PROPERTY NOT
WARRANTIED BY SELLER. IN ADDITION, THE SELLER AGREES THE PROPERTY
IS COVERED BY IMPLIED WARRANTIES FOR MERCHANTABILITY AND FITNESS FOR THE PARTICULAR PURPOSE FOR WHICH IT HAS BEEN PURCHASED. IN ADDITION TO ANY OTHER EXPRESSED OR IMPLIED WARRANTIES AND UNLESS OTHERWISE AGREED IN WRITING, SELLER ALSO WARRANTS THAT ALL
EQUIPMENT DELIVERED HEREUNDER WILL BE NEW, SUITABLE FOR USE AS
DESCRIBED, OF THE GRADE AND QUALITY SPECIFIED, FREE FROM ALL DEFECTS IN DESIGN, MATERIAL AND WORKMANSHIP; IN CONFORMITY WITH ALL SPECIFICATIONS FURNISHED; IN COMPLIANCE WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS AND FREE FROM ANY
LIENS AND ENCUMBRANCES. THESE WARRANTIES SHALL NOT BE DEEMED TO
EXCLUDE SELLER’S STANDARD WARRANTIES OR OTHER RIGHTS OR WARRANTIES WHICH THE CITY MAY HAVE OR OBTAIN.
9. INSURANCE/INDEMNIFICATION: The Seller shall insure the Property for a
minimum of the purchase price against all damages during the delivery period per the
Specifications. In addition to and independent from the above, during the delivery period Seller shall defend, indemnify, and hold the City, its officers, employees, and agents harmless against
claims, demands, suits, damages, losses, and expenses connected therewith that may be asserted
or claimed against, recovered from or suffered by the City by reason of any injury or loss, including
but not limited to, personal injury, including bodily injury or death, property damage, occasioned
by, growing out of, or in any way arising or resulting from any intentional or negligent act on the part of Seller, it’s agents or employees. This provision shall survive delivery and acceptance by
the city of the Property.
10. ASSIGNMENT: Seller may not delegate, subcontract, or assign any duties and
services or assign any rights or claims under this Purchase Agreement without the express written consent of City.
11. ENTIRE AGREEMENT: This Agreement, including its appendices, if any,
embodies the entire understanding between the parties relating to the subject matter contained
herein. No agent or representative of either party has authority to make any representations, statements, warranties or agreements not herein expressed and all modifications or amendments
of this Agreement, including the appendices, must be in writing and signed by an authorized
representative of each of the parties hereto.
12. APPLICABILITY: This Agreement and any extensions hereof shall be governed and construed in accordance with the laws of the State of Montana, venue shall be in the Eighteen
Judicial District, Gallatin County Montana, and the same is binding upon the parties, their heirs,
successors, and assigns.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by
their duly authorized representatives the day and year first above written.
CITY OF BOZEMAN SELLER
By___________________________ Date: ____ By___________________________ Date: ___ Chris A. Kukulski, City Manager Print Name: ___________________ Print Title: ____________________
APPROVED AS TO FORM: By________________________________
Greg Sullivan, City Attorney
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