HomeMy WebLinkAbout17- Bid Package - 2017 Polymer Supplier-Manufacturer
CITY OF BOZEMAN
Call for Bids
Bid solicitation for:
POLYMER SUPPLIER/MANUFACTURER SELECTION
The City of Bozeman (City) is seeking Bid Proposals from Polymer Supplier/Manufacturers
qualified to submit separate sealed bids presenting their cost to supply the polymer(s) for the
facility after participation in prequalification polymer trials.
Jar testing and prequalification full-scale performance testing was conducted at the Bozeman
Water Reclamation Facility (WRF). Notice of the prequalification trial was published on June 4,
2017 and June 11, 2017. Based on the results of the trials, manufacturers whose polymer has
met the performance criteria for this facility are asked to submit separate sealed bids presenting
their cost to supply the polymer for the facility for one year. Bids from manufacturers for polymer
that have not undergone the full-scale performance tests will not be accepted or reviewed.
Information and Bid Packets can be found on the City Web page at www.bozeman.net by selecting
the “Doing Business” tab and clicking on the “RFPs and Bids” link, or by contacting the City Clerk’s
Office.
Bid Proposals must be submitted no later than 2:00 p.m. on August 29, 2017 to:
City Clerk, City of Bozeman
P.O. Box 1230
121 North Rouse Avenue, Suite 202
Bozeman, Montana 59771-1230
Please write the name of the project on the front of the sealed bid.
The Physical address is:
City Clerk’s Office, Suite 202, City Hall, 121 N. Rouse Avenue, Bozeman, Montana
The Mailing address is:
City Clerk’s Office, City Hall, P.O. Box 1230, Bozeman, Montana 59771
Bids must be received before 2:00 p.m. Tuesday, August 29, 2017. Original copies must be
submitted- no faxed or electronic bids will be accepted. Bids will be opened and read following
the close of bids.
Responses received after 2:00 p.m., on that date will not be considered.
Any submitting entity under this invitation must sign and return the required affirmation stating
that they will not discriminate 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 in the exercise of contract should it be awarded to that entity. Each entity submitting
under this notice shall also recognize in writing the eventual contract will contain a provision
prohibiting discrimination as described above and this prohibition on discrimination shall apply
to the hiring and treatment of the Contractor’s employees and to all subcontracts.
The right is reserved to reject any or all proposals received, to waive informalities, to postpone
the award of the contract for a period of not to exceed sixty (60) days, and to accept the bid
which is in the best interests of the Owner.
The City of Bozeman is required to be an Equal Opportunity Employer.
Dated in Bozeman, Montana, this 10th day of August, 2017.
Robin Crough
City Clerk
City of Bozeman
Published Bozeman, Montana:
Sunday, August 13, 2017
Sunday, August 20, 2017
Page 1 of 3
BID FORM
Polymer Supplier/Manufacturer Selection
P.O. BOX 1230 CITY OF BOZEMAN BOZEMAN, MONTANA 59771
TO: City Clerk
121 North Rouse Ave. P.O. Box 1230 Bozeman, Montana 59771-1230
THE UNDERSIGNED BIDDER, having familiarized themselves with the product required by
the Polymer Supplier Selection Notification of Interest and Testing Protocol and the site where the product will used, and having satisfied themselves of the expense and difficulties related to the performance of the product.
____________________________HEREBY PROPOSES and agrees, if this bid is accepted, to
enter into an Agreement for one year to supply Polymer for the screw press including the assumption of all obligations, duties, and responsibilities necessary for the successful completion of the Agreement.
Sealed Bids are due in the office of the City Clerk, second floor of City Hall by August 29th,
2017 at 2 p.m. . At which time the bids will be opened, read, and reviewed by city staff and then will contact the selected contractor.
Please turn in this full page package for your bid. No electronic versions will be accepted. Mailed bids must be received by the date and time specified. Please submit the bid in a sealed envelope with the title POLYMER SUPPLIER/MANUFACTURER SELECTION and list the name of your firm on the outside of the sealed bid envelope.
The physical address is: City Clerk’s Office, Suite 202, City Hall, 121 North Rouse Ave., Bozeman, MT. The mailing address is: City Clerk’s Office, Suite 202, City Hall, P.O. Box 1230, Bozeman,
MT., 59771.
The City reserves the right to reject any or all Bids received or to waive bid informalities. The City of Bozeman is an Equal Opportunity Employer.
The undersigned bidder agrees to be bound by this Bid for a period not to exceed 60 days after
the bid opening. The undersigned Bidder agrees that they have been afforded access to the site and have
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performed those independent site investigations as they have deemed necessary.
The undersigned Bidder hereby certifies the following: A) That this Bid is genuine and is not made in the interest of, or on behalf of, any undisclosed
person, firm, or corporation, and is not submitted in conformity with any agreement or rules of
any group, association, organization, or corporation; B) That they have not directly or indirectly solicited any other Bidder to put in a false or sham Bid;
C) That they have not solicited or induced any person, firm, or corporation to refrain from bidding; D) That they have not sought by collusion to obtain for themselves any advantage over any
other Bidder or over the Owner.
BIDDER agrees to provide polymer under contract for one year at the following price per pound. CONTRACT BID PRICE PER POUND $_________________________
(Written Bid Price Number)
The undersigned Bidder acknowledged receipt of the following Addenda, which have been considered in preparation of this Bid:
No._____________________________ Dated____________________ No._____________________________ Dated____________________
No._____________________________ Dated____________________
No._____________________________ Dated___________________
Submitted this _____ day of _____________________, 2015.
SIGNATURE OF BIDDER:__________________________________________
Page 3 of 3
If an individual:_____________________________________________
doing business as_____________________________________________ If a Partnership: by ________________________________________________
Partner _____________________________________________ If a Corporation:_____________________________________________
(a) ____________________________________________
by ____________________________________________ (Seal &
Title___________________________________________ Attest)
Business Address of Bidder: __________________________________ ____________________________________________________________
If Bidder is a joint venture, other party must sign below: Montana License Number and Class______________________________
If an Individual:_______________________________________ doing
business as _________________________________________________. If a Partnership: __________________________________________
by ________________________________Partner __________________________________________
If a Corporation:____________________________________________
(a)______________________________Corporation by _________________________________________
(Seal &
Title________________________________________ Attest)
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BID PURCHASE AGREEMENT THIS PURCHASE AGREEMENT is made this _____ day of ______________, 201_ (the
“Effective Date”), 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 ________________________, with a mailing address of _________________________________________, 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:
TOTAL PRICE (including shipping): _____________________ 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 ___________________ (_______________) 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 during the Term unless agreed to in writing by the City.
4. TERM; EXTENSIONS: This Purchase Agreement is effective on the date first
written above and will terminate one year after the Effective Date (the “Term”). The Parties may extend the Term for up to two (2) additional one-year terms by executing a written amendment to this Purchase Agreement setting forth the purchase price during any extension term, which will not be subject to escalation during the extension term unless agreed to in writing by the City.
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5. 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 within Thirty (30) days of 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: Tom Radcliffe,
Superintendent of Bozeman’s WRF, 2245 Springhill Rd, Bozeman, MT 59718.
6. 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.
7. 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
XXXXXXXX Purchase Agreement Page 3 of 4
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. 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.
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. 9. 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.
10. 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. 11. ASSIGNMENT: Seller may not delegate, subcontract, or assign any duties and
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services or assign any rights or claims under this Purchase Agreement without the express written consent of City.
12. 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.
13. 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.
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 M. Taylor, Interim City Manager Print Name: ___________________ Print Title: ____________________
APPROVED AS TO FORM: By________________________________ Greg Sullivan, City Attorney
NON-DISCRIMINATION AFFIRMATION FORM
_________________________ [name of entity submitting] hereby affirms it will not discriminate
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 in the performance of
work performed for the city of Bozeman, if a contract is awarded to it, and also recognizes the
eventual contract, if awarded, will contain a provision prohibiting discrimination as described
above and that this prohibition shall apply to the hiring and treatment of the
_________________________ [name of entity submitting] employees and to all subcontracts it
enters into in performance of the agreement with the city of Bozeman.
Signature of Bidder: ______________________________
Person authorized to sign on behalf of the bidder