HomeMy WebLinkAboutBid - WRF PolymerCITY 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 13, 2021, June 20,
2021, and June 27, 2021. 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
https://weblink.bozeman.net/WebLink/DocView.aspx?id=254437&dbid=0&repo=BOZEMAN
Bid Proposals must be submitted no later than 2:00 p.m. on September 17, 2021 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. Friday, September 17, 2021. 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.
NON-DISCRIMINATION AND EQUAL PAY
The City of Bozeman is an Equal Opportunity Employer.
Discrimination in the performance of any agreement awarded under this RFQ on the basis of race, color,
religion, creed, sex, age, marital status, national origin, or actual or perceived sexual orientation, gender
identity or disability is prohibited. This prohibition shall apply to the hiring and treatment of the
awarded entity’s employees and to all subcontracts.
As such, each entity submitting under this notice shall include a provision wherein the submitting entity,
or entities, affirms in writing 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 and which also recognizes the eventual contract will contain a provision prohibiting
discrimination as described above and that this prohibition on discrimination shall apply to the hiring
and treatment of the submitting entity’s employees and to all subcontracts.
In addition, pursuant to City Commission Resolution 5169, the entity awarded a contract under this RFQ
and any subcontractors must abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the
Montana Equal Pay Act), and affirm it will abide by the above and that it has visited the State of
Montana Equal Pay for Equal Work “best practices” website, https://wayback.archive-
it.org/499/20210701223409/https:/equalpay.mt.gov/, or equivalent “best practices publication and has
read the material.
Failure to comply with the above may be cause for the City to deem the submittal non-responsive.
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 2nd day of September, 2021.
Mike Maas
City Clerk
City of Bozeman
Published Bozeman, Montana:
Sunday, September 5, 2021
Sunday, September 12, 2021
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:
September 17th, 2021 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
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 ___________________, 2021.
SIGNATURE OF BIDDER: ___________________________________________________
If an individual: _________________________________________________________
doing business as ________________________________________________________
If a Partnership: by __________________________________________________
Partner ______________________________________________
If a Corporation: _________________________________________________________
(a) ________________________________________________________________
By _________________________________________________________________
Title ________________________________________________________________
(Seal & 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 __________________________________________________________
Title _________________________________________________________
(Seal & Attest)
Agreement for Purchase of ___________ FY2020-2021 Page 1 of 7
BID PURCHASE AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 202__
(“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing
municipal corporation organized and existing under its Charter and the laws of the State of
Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230,
Bozeman, MT 59771, hereinafter referred to as “City,” and, ____________, _______________,
hereinafter referred to as “Seller.” The City and Seller may be referred to individually as “Party”
and collectively as “Parties.”
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 __________________________, attached hereto as Exhibit A 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.
2. Specifications: The Seller agrees that all material and workmanship in and upon
this Property complies with Exhibit A as accepted by the City. Unless otherwise agreed to by the
City, the items listed in Exhibit A, 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 shipping and any applicable local, state or federal taxes that
Agreement for Purchase of ___________ FY2020-2021 Page 2 of 7
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 in a fully operational status and all accessories properly
installed no later than __________________. Delivery will occur at
________________________________________, Bozeman, MT 59715, or at a place otherwise
designated in writing by the 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.
5. Nondiscrimination and Equal Pay: The Seller agrees that all hiring by Seller of
persons performing this Agreement shall be on the basis of merit and qualifications. The Seller
will have a policy to provide equal employment opportunity in accordance with all applicable state
and federal anti-discrimination laws, regulations, and contracts. The Seller will not refuse
employment to a person, bar a person from employment, or discriminate against a person in
compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual
orientation, gender identity, physical or mental disability, except when the reasonable demands of
the position require an age, physical or mental disability, marital status or sex distinction. The
Seller shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140,
Title 2, United States Code, and all regulations promulgated thereunder.
Agreement for Purchase of ___________ FY2020-2021 Page 3 of 7
Seller represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, Montana Code Annotated
(MCA) (the Montana Equal Pay Act). Seller must report to the City any violations of the Montana
Equal Pay Act that Seller has been found guilty of within 60 days of such finding for violations
occurring during the term of this Agreement.
Seller shall require these nondiscrimination terms of its subcontractors providing products
under this 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. 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 EXHIBIT B AND SHALL ASSIGN TO THE CITY ALL
Agreement for Purchase of ___________ FY2020-2021 Page 4 of 7
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.
Agreement for Purchase of ___________ FY2020-2021 Page 5 of 7
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.
13 Permits: Seller shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of
Bozeman business license, and inspections from applicable governmental authorities, and pay all
fees and charges in connection therewith.
14. Laws and Regulations: Seller shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and
disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules,
codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City,
County, and State building and electrical codes, the Americans with Disabilities Act, and all non-
discrimination, affirmative action, and utilization of minority and small business statutes and
regulations.
15. Modification and Assignability: This Agreement may not be enlarged, modified
or altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be
bound by all of the terms and conditions of this Agreement.
16. Non-Waiver: A waiver by either party of any default or breach by the other party
of any terms or conditions of this Agreement does not limit the other party’s right to enforce such
term or conditions or to pursue any available legal or equitable rights in the event of any subsequent
default or breach.
17. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
Agreement for Purchase of ___________ FY2020-2021 Page 6 of 7
18. Dispute Resolution:
a. Any claim, controversy, or dispute between the Parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to
assist in the negotiated settlement discussions.
b. If the Parties are unable to resolve the dispute within thirty (30) days from
the date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this
Agreement.
19. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
20. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
Agreement for Purchase of ___________ FY2020-2021 Page 7 of 7
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___________________________ By____________________________
Jeff Mihelich City Manager Print Name: ___________________
Print Title: ____________________
APPROVED AS TO FORM:
By________________________________
Greg Sullivan, City Attorney
Attachment A
NONDISCRIMINATION AND EQUAL PAY AFFIRMATION
____________________________________(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 and
acknowledges and understands the eventual contract will contain a provision prohibiting
discrimination as described above and this prohibition on discrimination shall apply to the
hiring and treatments or proposer’s employees and to all subcontracts.
In addition, ____________________________________(name of entity submitting) hereby
affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana
Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work “best practices”
website, https://wayback.archive-it.org/499/20210701223409/https:/equalpay.mt.gov/, or equivalent
“best practices publication and has read the material.
______________________________________
Name and title of person authorized to sign on behalf of submitter