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HomeMy WebLinkAboutC3. Neo Solutions Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Herb Bartle, Bozeman WRF Superintendent Craig Woolard, Director of Public Works SUBJECT: Award bid for the purchase of a year’s worth of Polymer for the Bozeman WRF Screw Press. MEETING DATE: November 2, 2015 AGENDA ITEM TYPE: Consent RECOMMENTATION: Award bid to Neo Solutions to supply NS4413 polymer for a year at a cost of $1.64 per pound delivered to the Bozeman WRF. BACKGROUND: Bids for this product were advertised and opened on June 23, 2015. After bench testing and actual test runs on the screw press it was determined that the Neo Solutions polymer produced the same percent solids as the competition at a lower price per pound. ALTERNATIVES: As suggested by the City Commission. FISCAL EFFECTS: This polymer cost has been accounted for in the Bozeman WRF budget. Attachments: Professional Purchase Agreement Notice of Award Bid Tabulation Report compiled on October 21, 2015 28 Purchase Agreement Page 1 of 3 BID PURCHASE AGREEMENT THIS AGREEMENT is made this 2nd day of November, 2015, 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, 1340 Brighton Road, 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 the City’s Bid Specifications all of which is incorporated into this Purchase Agreement by this reference. The total quantity of property which city is obligated to purchase shall be the total of the quantities ordered, delivered and accepted. 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: $1.64 per pound Delivered 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 $1.64 per pound as the purchase price. The price is to 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: Seller assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other served associated with delivery of the Property. Seller agrees to deliver the above-described Property to the City within thirty (30) days of the receipt of City’s order. Delivery will occur at the City of 29 Purchase Agreement Page 2 of 3 Bozeman’s Water Reclamation Facility (2245 Springhill Rd., 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 or 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 Bid Specifications as modified by Seller’s responses accepted by City. If the Property meets the modified Bid Specifications, City shall tender the purchase price stated above to Seller through the City’s normal claim process. Unless otherwise agreed in writing, payment terms shall be net thirty (30) days from the date of receipt of invoice or acceptance 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. A performance bond in form satisfactory to the counsel of city shall be furnished by seller at its expense. 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: If contractor fails in any manner to fully perform and carry out each and all of the terms, covenants and conditions of the contract, contractor shall be in default and notice in writing shall be given to contractor of the default by the purchasing agent of city. If contractor fails to cure the default within time as may be required by the notice, city may at its option terminate and cancel the contract, and, at the expense of contractor and its surety, complete the contract, or cause it to be completed. In the event of termination, all moneys due contractor under the terms of the contract shall be retained be city, but the retention shall not release contractor or its surety from liability for its default. In such event, however, contractor and its surety will be credited with the amount of money so retained toward any amount by which the cost of completion of the contract, as above provided, exceeds the contract price. This termination shall not affect or terminate any of the rights of city as against contractor or its surety then existing, or which may accrue because of the default, and the above provision shall be in addition to all other rights and remedies available to city under the law. The waiver of a breach of any term, covenant or condition of this agreement shall not operate as a waiver of any subsequent breach of the same or any other term, covenant or condition of this agreement. 7. ASSIGNMENT: Seller may not delegate, subcontract, or assign any duties and 30 Purchase Agreement Page 3 of 3 services or assign any rights or claims under this Purchase Agreement without the express written consent of City. 8. 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. 9. APPLICABILITY: This Agreement and any extensions hereof shall be governed and construed in accordance with the laws of the State of 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 (Type Name Above) By___________________________________ By____________________________________ Chris A. Kukulski, City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By____________________________________ Greg Sullivan, City Attorney 31 NOTICE OF AWARD Dated: November 2, 2015 TO: Neo Solutions ADDRESS: P.O. Box 26, 1340 Brighton Road, Beaver, PA 15009 CONTRACT FOR: To supply a year’s worth of Polymer for the Bozeman WRF Screw Press at $1.64 per pound delivered to the Bozeman WRF. You are notified that your Bid opened on June 23, 2015 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 $1.64 per pound delivered to the Bozeman WRF. CITY OF BOZEMAN, MONTANA BY: __________________________________ (CITY MANAGER) BY: ___________________________________ (CITY CLERK) DATE: _______________________________ 32 33