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HomeMy WebLinkAbout05-01-17 City Commission Packet Materials - C2. NOA and Purchase Agreement with Midwest Welding for Swim Center Bulkhead Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Elizabeth Hill, Aquatics Manager Mitch Overton, Parks and Recreation Department Director SUBJECT: Authorize City Manager to Sign Notice of Award and Purchase Agreement with Midwest Welding and Machine for Fabrication of Removable Bulkhead for the Bozeman Swim Center. MEETING DATE: May 1, 2017 AGENDA ITEM TYPE: Consent RECOMMENDATION: Award bid and authorize City Manager to sign Purchase Agreement for one Removable Bulkhead for the amount of $49,750.00 to Midwest Welding and Machine in Bozeman Montana. BACKGROUND: Approved fiscal year budget 2017 allocated $75,000 for a removable bulkhead at Bozeman Swim Center (GF 257). The Barracudas Swim Club have committed $50,000 of the $75,000. The Barracudas Swim Club will make their contribution directly to the City of Bozeman and the City will manage the project. A removable bulkhead will allow for greater programming options at the Bozeman Swim Center 50-meter pool. The bulkhead will divide the pool into two smaller pools, one 25 yards and one 25 meters. It is anticipated that the bulkhead will be utilized during the swimming short course season (~September to April) and removed for the remainder of the year (~April through August) to utilize the full 50 meters and aligning with long course swim season. ALTERNATIVES: 1. Approve as recommended. 2. As recommended by Commission. FISCAL EFFECTS: The Barracudas Swim Club is contributing $50,000 to the City of Bozeman for the bulkhead project and the City of Bozeman is contributing $25,000. The project was approved in the FY’17 budget (GF 257) for $75,000. Attachments: Notice of Award Purchase Agreement Report compiled on: April 18, 2017 6 NOTICE OF AWARD Dated: May 1, 2017 TO: Midwest Welding & Machine ADDRESS: 2320 No. 7th Avenue Bozeman, MT 59715 PROJECT: Equipment Fabrication CONTRACT FOR: Removable Bulkhead for the Swim Center You are notified that your Bid opened on April 10, 2017 for the above Contract and has been considered. You are the apparent Successful Bidder and have been awarded a Contract for the: Removable Bulkhead for the Swim Center. The Contract Price of your Contract is: Forty nine thousand seven hundred fifty dollars ($49,750.00). A copy of each of the proposed Contract Documents accompany this Notice of Award. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is, by May 15, 2017. 1. You must deliver to the OWNER Two (2) fully executed counterparts of the Agreement including all the Contract Documents and Drawings. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instruction to Bidders (Article 20), and the General Conditions (paragraph 5.01). Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award, and to declare your Bid Security forfeited. Within ten (10) days after you comply with these conditions, OWNER will return to you two fully signed counterpart of the Agreement with the Contract Documents attached. CITY OF BOZEMAN, MONTANA ATTEST: BY: __________________________________ BY: ____________________________ (INTERIM CITY MANAGER) (CITY CLERK) DATE: _______________________________ 7 Swim Center Removable Bulkhead Purchase Agreement Page 1 of 4 BID PURCHASE AGREEMENT THIS AGREEMENT is made this 1st day of May, 2017, 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 Midwest Welding and Machine, with a mailing address of 2320 No. 7th Avenue Bozeman, MT 59715, 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 the Bid Specifications and Bid Form for the New Removable Swim Center Bulkhead, published by the City on March 26, 2017, 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 the materials and equipment, fabricated per the Bid Specifications for a new Removable Bulkhead for the Swim Center Pool: TOTAL PRICE (including shipping): $49,750.00 2. SPECIFICATIONS: The Seller agrees that all material and workmanship in and upon this Property complies with Addendum A as accepted by the City. Unless otherwise agreed to by the City, the items listed in Addendum A and Section 1 of this agreement, govern in the event of inconsistencies with the Seller’s response to the same. 3. PRICE: The City agrees to pay forty nine thousand seven hundred fifty dollars ($49,750.00) 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 under agreed to in writing by the City. 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. Seller agrees to delivery to the City all materials, equipment, and accessories, fully 8 Swim Center Removable Bulkhead Purchase Agreement Page 2 of 4 fabricated and ready to install per the Construction Drawings and Specifications no later than August 1, 2017. Delivery will be coordinated with staff of and will occur at the Bozeman Swim Center, 1211 W. Main Street, Bozeman, MT 59715, 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: Ms. Elizabeth Hill, Aquatics Manager, City of Bozeman, PO Box 1230, Bozeman MT 59771. 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. 7. CHANGE ORDERS: The City shall have the right to revoke, amend, or modify this Purchase Agreement or the equipment or material included in the Quotation at any time. 9 Swim Center Removable Bulkhead Purchase Agreement Page 3 of 4 Seller’s receipt of City’s written change order without response received by the City within 10 (ten) business days or Seller’s shipment or other performance reflecting the change, whichever occurs first, shall be Seller’s acceptance of the change without any price or other adjustment. 8. WARRANTY: THE SELLER SHALL WARRANTY THE PROPERTY INCLUDING ALL COMPONENT PARTS IN ACCORDANCE WITH WARRANTY 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 10 Swim Center Removable Bulkhead Purchase Agreement Page 4 of 4 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. 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: ___ Dennis Taylor, Interim City Manager Print Name: ___________________ Print Title: ____________________ APPROVED AS TO FORM: By________________________________ Greg Sullivan, City Attorney 11