S05-25 Bid Packet 08.13.2025.pdf

August 13, 2025

TO: PROSPECTIVE BIDDERS

RE: Wastewater Polymer – (Cationic Polyacrylamide Polymer)

BID #S05-25

Dear Vendor:

This is an invitation for your firm to submit a bid for furnish Wastewater Polymer – (Cationic Polyacrylamide Polymer) for one (1) year effective September 30, 2025 and terminating September 30, 2026. Specifications, Instructions to Bidders and Standard Terms and Conditions for Commodities are included as part of the Invitation to Bid.

In Accordance with the Louisiana Administration Code Title 4, Part XV, and Chapter 7:

Vendors shall be provided the option to submit bids for Purchase of Materials and Supplies through a secure electronic interactive system. See www.bidnetdirect.com. The form may be filled out in pen/ink and the sum manually calculated.

If you wish to submit a paper bid, please complete the attached bid form and mail or hand carry it to the Purchasing Department, City of Bossier City, 2nd Floor, 620 Benton Road, Bossier City, LA. 71111, to arrive prior to 10:00 a.m., Thursday, September 4, 2025. Bids will then be publicly opened and read aloud. Questions pertaining to this bid will not be accepted after August 29, 2025 at 10:00 a.m.

The City of Bossier City reserves the right to reject any/or all bids.

Sincerely, Denna Beauchemin Purchasing Agent http://www.bidnetdirect.com/

INSTRUCTIONS TO BIDDERS

1. Submission of Bids:

A prepared Bid Form is included herewith for your use. Your bid must be submitted on this form and only one (1) bid form will be accepted from the bidder(s). All bids must be addressed to the City of Bossier City, Purchasing Department, 620 Benton Road, Bossier City, Louisiana, 71111, and must show the return address, bid number, bid title, and bid opening date on the left-hand side of the envelope. No additional information or documents shall be included in bid envelope unless specifically state in Invitation to Bid.

In accordance with the Louisiana Administration Code Title 4, Part XV, Chapter 7:

Vendors shall be provided the option to submit bids for Purchase of Materials and Supplies through a secure electronic interactive system. If bidder wishes to submit bid electronically see www.bidnetdirect.com. It shall be the responsibility of the bidder to review and understand the requirements of submitting a bid electronically with BidNet Direct.

2. Sales Tax:

Act 1029 of the 1991 Louisiana Legislative Session provides an exemption and exclusion from both state and local sales and use taxes on purchases for municipalities.

3. Delivery:

Delivery instructions are detailed in Bid Specifications for this bid.

4. Method of Award:

The award of the bid will be based on the lowest responsible and responsive bid submitted based on award criteria as indicated in the Specifications.

5. Bid Withdrawal:

Any bidder may withdraw his/her bid prior to bid opening deadline. After such time, his/her bid shall remain firm for a period of 30 days after bid opening.

6. Late Bids:

It shall be the sole responsibility of the bidder to see that his/her bid is received by the City on time. The City does not assume responsibility for late deliveries by the U.S. Postal service or any other delivery service.

7. Time Limit:

Your bid will be considered as a firm offer for not less than thirty (30) days from date of bid opening.

http://www.bidnetdirect.com/

INSTRUCTIONS TO BIDDERS

8. Contract Time:

Contract shall be for a period of twelve (12) months beginning September 30, 2025 and terminating September 30, 2026. If mutually agreed upon by the City and Vendor, the contract may be extended for four (4) additional one-year periods.

9. Ordering Procedure:

A term contract will be issued to the successful bidder(s). Quantities shown on the purchase order are estimates based on previous purchases. However, the City will be obligated only for the actual quantities purchased during the term of the contract whether the quantities are more or less. Each shipment must include your priced and extended delivery ticket.

BID FORM

Sealed Bid Number: S05-25 Opening Date and Time: September 4, 2025, 10:00 a.m.

TO: Purchasing Department City of Bossier City 620 Benton Road, 2nd Floor Bossier City, Louisiana 71111

We propose to furnish the following described as Wastewater Polymer (Cationic Polyacrylamide) in accordance with the specifications covering this Invitation to Bid at the unit price (price includes freight and other applicable fees) quoted below:

Bidder Acknowledges receipt of the following ADDENDA: (Enter the number assigned to each of the addenda that the Bidder is acknowledging) __________________________

The undersigned bidder declares that he/she has specific and legal authorization to obligate himself/herself and/or his/her firm to the terms of this bid, and further, that he/she has examined the Invitation to Bid, the Instructions to Bidders, and the Specifications, and hereby promises and agrees that if this bid is accepted, he/she will faithfully fulfill the terms of this bid together with all guarantees and warranties relating thereto.

SUBMITTED BY:

Signature Title

Typed or Printed Name Telephone/Fax Number

Company Street Address

Date City, State, Zip

APPROX.

QTY.

DESCRIPTION Unit Price (Per Lb.)

TOTAL BID

PRICE

37,000 Lbs.

Liquid Polymer (Red River Plant)

Shelf (warehouse life)

26,000 Lbs. Liquid Polymer (NE Plant)

Shelf (warehouse life)

CITY OF BOSSIER UTILITIES DEPARTMENT

City of Bossier City, Louisiana Wastewater Treatment Division

2025 Specifications for Cationic Polyacrylamide Polymer

1.0 Materials

1.1 Liquid cationic polyacrylamide for dewatering sludge from processed wastewater clarifiers. Two types of polymer are being used, one at each plant location. Wastewater Treatment Plants require a specific blend of polymer that performs and has the same chemical structure as Polydyne Clarifloc C-6265 or equal (NE Plant), and Polydyne Clarifloc CE-2324 or equal. These polymer blends shall otherwise meet the latest specifications of the American Water Works Association.

Guaranteed shelf life (warehouse life) of materials shall be specified within the bid.

1.2 The materials must be free of impurities that might impair complete reaction; must be free of moisture, compressor lubricants, particulate, and other materials that would clog equipment feeders, pumps, nozzles and or fittings/orifices. The materials to be supplied must meet the latest requirements provided by the National Sanitation Foundation (NSF) Standard. This certification must be verified upon award of bid by presenting a copy of NSF certification or bidder shall provide the City a current NSF letter that indicates they are making progress towards achieving such certification.

2.0 Placement of Orders

2.1 Orders and communications related hereto will be restricted to the prime source of material or a bonafide broker. Vendor must supply a toll-free or local number along with an email address when available. Vendor must also supply a contact number for after-hour emergencies.

3.0 Delivery

3.1 Delivery of Cationic Polyacrylamide Polymers shall be in 2300-lb totes for the Red River plant and

450-lb drums for the Northeast plant. Delivery trucks must be equipped with a lift-gate since there are no forklifts at either location. Shipments shall be dispatched so as to arrive between the hours of 8:00 A.M. and 3:00 P.M. on the dates specified. A maximum of one (1) calendar day lead time shall be allowed between the oral request for the polymers and the actual delivery of same products. Demurrage and non-deliver fees associated with this contract are to be the sole responsibility of the vendor and not the City of Bossier City.

3.2 Under no circumstances should off-loading begin without prior approval from the City of Bossier City’s Wastewater Treatment Plant personnel.

3.3 The Vendor must furnish the City of Bossier City with copies of their bill of lading for each type of polymer delivered along with an updated SDS. The vendor must also furnish the City of Bossier City with copies of their standard operating procedures for the delivery, unloading, emergency response and repairs as it relates to the delivery of Cationic Polyacrylamide Polymers.

4.0 Spills or Loss of Materials

Any spills or loss of materials not caused by negligence by the City of Bossier employees and/or malfunction or failure of equipment owned by the City of Bossier shall be the responsibility of the carrier or supplier.

4.1 Cleanup of such spills shall be completed in a safe, timely manner, at no cost to the City of Bossier City and in such a manner as to protect the personnel and property of the City of Bossier City from damage.

5.0 Reservations

5.1 The CITY reserves the right to reject any and all bids for just cause. The Bossier City Utilities

Department, in consultation with the Purchasing Agent also reserves the right to reject any shipment that does not test to specifications. All freight and handling charges of rejected material will be paid for by the supplier. In the event the supplier experiences manufacturing difficulties that produce unacceptable polymer, then the supplier shall procure acceptable material from another manufacturer at the quoted price. “Trade-Off” arrangements with other manufacturer (s) may be made ONLY with prior verbal and/or written approval from the City of Bossier City. Such approval may be revoked upon 24 hours written notice by the City of Bossier Utilities Department.

6.0 Expectations

6.1 The City of Bossier City Utilities Department, in consultation with the purchasing agent, reserves the right to change to the next lowest bidder if the City of Bossier Utilities Department feels product quality and/or customer service (including timely delivery of product) standards are not being met as determined by the City of Bossier City.

6.2 Delivery drivers are expected to be knowledgeable of the chemical that they are delivering/transporting. The driver is required to inform plant personnel upon their arrival at the entrance gate as to what chemical they are delivering and must also provide the proper paperwork as verification.

6.3 Vendor, at no additional charge to the City of Bossier City, will conduct at least two safety meetings per contract period. The safety course must be pre-approved through the Louisiana Department of Health. The dates, times, and locations will be determined by the City of Bossier City..

7.0 Liability

7.1 Any personal injuries or property damages incurred incidental to loading or unloading shall be the responsibility of the supplier, except to the extent caused by the City of Bossier. The supplier shall furnish evidence of adequate insurance coverage to save the City harmless from any damages on accident claims.

7.2 Any personal injuries or property damages incurred incidental to supplier’s faulty equipment shall be the responsibility of the supplier The supplier shall furnish evidence of adequate insurance coverage to save the City harmless from any damages related to accident claims

7.3 Delivery drivers must comply with all City of Bossier City safety policies while on City property.

7.4 A Safety Data Sheet (SDS) is required with each shipment.

8.0 Security

8.1 ALL Chemical deliveries to the Bossier City Wastewater Treatment Plant may be searched, due to heightened security measures. The search may include the Entire Truck/Trailer as deemed necessary by the plant staff.

8.2 All delivery drivers must comply with all City of Bossier City security policies for entrance to the plant and while on City property.

9.0 Award Criteria

9.1 The award will be made to the lowest responsible and responsive bidder(s) according to the criteria designated in the Invitation for Bid.

9.2 In addition to price, the bid evaluation may include the following factors/statements (as they apply):

• The quality of performance and workmanship of previous contracts, services, equipment or products, or references which attest to the specific experiences of others.

• The timely completion of previous contracts or services or the timely delivery of past orders, or references which attest to the specific experiences of others. The low bidder meeting specifications shall be required to participate in the following testing procedures prior to the final award of this quote being made. The vendor shall conduct an extensive series of jar tests to determine the ability of the Cationic Flocculate to properly coagulate and settle the suspended materials in the dewatering process. The vendor will supply sufficient material at no charge to the City of Bossier

City for a two (2) week evaluation of the Cationic Flocculent. The Vendor shall also supervise all phases of this evaluation for a minimum of two (2) weeks. During this time period, plant personnel will get a firsthand look at how the polymer works under actual conditions such as varied flow rates, temperature, and solid content variations. If the tests are satisfactory, the award will then be made to that Vendor. The sufficiency of financial resources and its impact on ability of the bidder to perform the contract or provide the services.

• The City reserves the right to conduct on-site inspections of any bidder’s facilities prior to award, and the results of said inspection will be considered by the City in determining bidders’ capabilities of successfully administering this contract.

• The ability and availability of the bidder to provide both quality and timely maintenance, service, and/or parts will also be considered by the City in determining bidders’ capabilities of successfully administering this contract.

• The following criteria must be met in order for the lowest bidder to be awarded this contract by the City of Bossier: The resale value, life cycle costing (which includes the cost of maintenance) and value analysis.

• The availability and capability of local and regional vendor support as it affects the quantity, quality, and timeliness of the work or products required.

• Delivery of a product and timely completion of a project as stated by vendor in the bid.

9.3 Substantial compliance or non-compliance with specifications set forth in the bid as determined by the City. Product or parts inventory capability as it relates to a particular bid. Results of product/equipment testing. Warranty - terms and conditions, .adequate capital and credit rating sufficiently to complete all operations under this contract in a satisfactory manner. An efficient office force, with a satisfactory record in expediting delivery of materials to field force and capable of fulfilling proper liaison service with mechanical trades. An adequate and efficient field force, with extensive knowledge of all types of work involved under this contract, and a record of amicable relations with labor. An adequate supply of construction equipment in good operating condition.10.3 The City of Bossier City reserves the right to declare any bid non-responsive in which the delivery/completion time indicated is considered to delay the operation for which the item/work is intended, or due to the noncompliance of the BID SPECIFICATION

9.4 In addition, the City reserves the right to declare any bid non-responsive that contains prices for individual items or services that are inconsistent or unrealistic when compared to other prices in the same or other bids, if such action would be in the best interest of the City.

10.0 Evaluation

10.1 Bids may be made for one lot only, or for as many lots as the bidder can supply.

10.2 Proven reliability of the higher bid item.

10.2 Awards will be made by complete lots and may be made to one or more bidders.

11.0 Evaluation of Bids for Multiple Awards

11.1 In addition to other factors, bids will be evaluated on the basis of advantages to the City that might result from making more than one award (multiple awards).

11.2 For the purpose of making this evaluation, administrative costs to the City for issuing and administering each contract awarded under this invitation will be considered, and individual awards will be for the items and combinations of items which result in the lowest aggregate price to the City, including such administrative costs.

12.0 Alternatives

12.1 When alternates are requested, the City reserves the right to select the bid with or without these, whichever will be in the best interest of the City.

13.0 Rejections

13.1 This solicitation does not commit the City of Bossier City to award a contract, to pay any costs incurred in the preparation of a bid, or to procure or contract for the articles of goods or service.

13.2 The City reserves the right to waive insignificant requirements, to accept or reject any or all bids for just cause received as a result of this request, or to cancel in part or its entirety this bid, if it is in the best interest of the City to do so.

13.3 The City of Bossier City reserves the right to declare any bid non-responsive in which the delivery/completion time indicated is considered to delay the operation for which the item/work is intended, or due to the noncompliance of the BID SPECIFICATION.

13.4 In addition, the City reserves the right to declare any bid non-responsive that contains prices for individual items or services that are inconsistent or unrealistic when compared to other prices in the same or other bids, if such action would be in the best interest of the City.

13.0 Rejection of Lowest Bid

13.1 Substantial negative findings from the Bid Evaluation as listed above, and/or the factors as listed below, may result in the disqualification of the lowest bid, if in the best interest of the City of Bossier City.

13.2 Proven reliability of the higher bid item.

STANDARD TERMS & CONDITIONS FOR COMMODITIES AND SERVICES

1. APPLICABILITY: These standard terms and conditions apply to all goods or services procured by the City of Bossier City, Louisiana, unless otherwise stated in the specifications. The instructions contained herein shall be incorporated into the contract as well as any subsequent purchase order(s) issued for goods or services and shall be included as part of the specifications issued herewith.

2. NOTIFICATION: The City of Bossier City advertises bid/proposal opportunities through.www.bidnetdirect.com and the Bossier Press Tribune. The City shall not be responsible for information distributed by sources other than those listed.

3. ADDENDA: Any revisions to the information contained herein will be issued in the form of addenda. The sole issuing authority shall be vested in the City of Bossier City Purchasing Division. If addenda contain material changes to the specifications or pricing form, the respondent shall acknowledge receipt of addenda.

4. SILENCE OF SPECIFICATION: The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement.

5. MINOR DEFECT OR IRREGULARITY: The City of Bossier City has no authority to waive errors, omissions or any other informalities in bids received.

6. ELECTRONIC SUBMISSIONS: The City of Bossier City utilizes BidNetDirect to advertise and receive bids and proposals electronically over the Internet. Electronic submissions through BidNetDirect shall be electronically signed and dated by a duly designated representative or agent of the company submitting the bid/proposal. Respondents must clearly and concisely provide all requested information as stated in the bid/proposal document. Failure to provide the requested information will result in such submission being deemed non-responsive. In order to be advised of bid opportunities and submit electronic bids, vendors must register with BidNetDirect.

7. PAPER SUBMISSIONS: Paper submissions shall be submitted on the forms provided by the City of Bossier City and must be signed and dated by a duly designated representative or agent of the firm submitting the bid/proposal. Respondents shall clearly and concisely provide all requested information as stated in the bid/proposal document. Failure to provide the requested information will require such submission to be deemed non-responsive.

8. PRESENTATION OF BIDS/PROPOSALS: Paper submissions shall be presented to The Office of the Purchasing Agent, City of Bossier City, 2nd floor, Municipal Building, 620 Benton Road, Bossier City, LA by the stated deadline. Paper submissions shall be presented in a sealed envelope with respondent’s name and the bid/proposal number clearly identified on the outside of the envelope.

9. LATE SUBMISSIONS: The date/time stamp located in the City of Bossier City Purchasing Division serves as the official time clock. Submissions received in the Purchasing Division after the stated deadline shall be refused and returned unopened. The City of Bossier City is not responsible for issues encountered with methods of delivery.

10. PRICING: Prices offered shall be submitted for units of quantity as specified in the bid/proposal document, extended and totaled. In the case of a discrepancy in the extended price, the unit price shall govern and control. Any alteration, strike-through or erasure made prior to bid/proposal opening shall be initialed by the signer of the bid/proposal, guaranteeing authenticity. FOR BIDS ONLY: Prices offered cannot be altered or amended after the submission deadline. Bids may not be changed for the purpose of correcting an error in bid price after bid opening.

11. TAXES: Act 1029 of the 1991 Louisiana Legislative Session provides an exemption and exclusion from both state and local sales and use taxes on purchases for municipalities.

http://www.bidsync.com/

12. WITHDRAWAL OF OFFER: Respondent agrees that an offer may not be withdrawn or cancelled for a period of one hundred twenty (120) days following the date and time designated for the receipt of bid/proposal without written approval of the Purchasing Agent.

13. F.O.B./DAMAGE: Prices offered shall be F.O.B. Final Destination, City of Bossier City, LA, and shall be all inclusive of shipping, handling and packaging costs. The City does not accept or assume any liability for goods delivered in damaged or unacceptable condition. The successful respondent shall be responsible for handling all claims with carriers, and in case of damaged or unacceptable goods, shall ship replacement goods immediately upon notification by the City.

14. PREPARATION COST: All costs associated with the preparation of an offer shall be borne by the respondent. The City of Bossier City will not be liable for any costs associated with the preparation transmittal, or presentation of submissions, or with any materials submitted in response to the same.

15. TESTING: At the City of Bossier City’s discretion, testing may be required prior to award of bid/proposal or prior to delivery of goods or services. Product testing shall be performed without expense to the City.

16. SAMPLES: At the City of Bossier City’s discretion, samples may be required prior to award of bid/proposal, or prior to delivery of goods or services. Samples shall be provided at no cost to the City.

Samples should not be enclosed with submission unless specifically requested.

17. QUALITY: Any catalog, brand names, or manufacturer’s reference in this bid/proposal packet is descriptive and not restrictive and is intended to indicate type and minimum quality level desired for comparison purposes, unless otherwise stated herein. All products and/or optional equipment offered shall be new and of current manufacture. No items of a demonstrator, leased, reconditioned, rebuilt, repossessed or used nature shall be considered, unless otherwise specifically stated herein.

18. BID/PROPOSAL OPENINGS: All offers will be read aloud at the time and place indicated in the invitation to bid. However, the reading of an offer shall not be construed as a comment on the responsiveness of such offer, or as any indication that the City accepts such offer as responsive. The City of Bossier City will decide regarding the responsiveness of offers submitted based upon compliance with all applicable laws and the City of Bossier City’s purchasing guidelines. Bids will be in active use after the opening and therefore will not be available for public inspection until 72 hours after the bid opening (exclusive of Saturdays, Sundays, and legal public holidays- La. R.S. 44:33). The City will notify the successful respondent upon award of the contract.

19. BID AWARD CRITERIA AND TABULATION: The award will be made to the lowest responsible and responsive bidder(s) according to the criteria designated in the Invitation for Bid. Bid/Proposal results are typically tabulated within one (1) business day after the scheduled opening

20. ANTI-COLLUSION: In submitting an offer, respondent certifies that they have not participated in nor have they been party to any collusion, price fixing or any other illegal or unethical agreements with any company, firm or person concerning the pricing offered.

21. NON-RESIDENT BIDDERS: Preference for Louisiana bidders is equal to the preference in the State of the non-resident bidder.

22. DELINQUENT TAXES: Any person, firm, or corporation that is in arrears to the City of Bossier City for delinquent taxes or otherwise, will not be recommended for award of any bid/proposal until the arrearage has been cleared in writing. If a contractor or vendor becomes delinquent while a contract is in force, payment for goods or services provided to the City under said contract or purchase order may be withheld until the arrearage has been cleared in writing.

23. MINIMUM STANDARDS FOR RESPONSIBILITY: A prospective vendor must affirmatively demonstrate responsibility. The City of Bossier City may request representation and other information sufficient to determine respondent’s ability to meet the minimum standards including but not limited to:

A. Have adequate financial resources, or the ability to obtain such resources as required;

B. Ability to comply with the required or proposed delivery schedule;

C. Have satisfactory record of performance;

D. Have a satisfactory record of integrity and ethics;

E. Be otherwise qualified and eligible to receive an award.

24. ACCEPTANCE: Respondent agrees that acceptance of any or all items by the City of Bossier City within a reasonable period of time, not to exceed thirty (30) days following the date and time designated for the receipt of the bid/proposal, shall be binding upon respondent. Respondent shall thereafter execute all documents necessary to enter into a contract in a form acceptable to and properly executed by the City to provide such goods and services.

25. CONTRACT PERIOD: The period of the contract shall be as stated in the invitation to bid, not to exceed five years.

26. FUNDING: All multi-year contracts must contain the following annual appropriation dependency clause: "The continuation of this contract is contingent upon the continuation of an appropriation of funds by the City Council to fulfill the requirements of the contract. If the Council fails to appropriate sufficient monies to provide for the continuation of a contract or if such appropriation is reduced by the veto of the Mayor or by any means provided in the appropriations process to prevent the total appropriations for the year from exceeding revenues for that year or for any other lawful purpose and the effect of such reduction is to provide insufficient monies for the continuation of the contract, the contract shall terminate on the last day of the fiscal year for which funds were appropriated.”

27. ASSIGNMENT: The successful vendor shall not sell, assign, transfer or convey any contract, in whole or in part, without the prior written consent of the City obtained through the City’s Purchasing Division.

28. INTERLOCAL AGREEMENT: The successful vendor may agree to extend prices for goods and services under the same terms and conditions of this bid/proposal to all governmental entities that have entered into, or will enter into, inter local cooperative purchasing agreements with the City of Bossier City.

29. CHANGE ORDER: The City of Bossier City reserves the right to modify or change plans and specifications as deemed necessary after the performance of the contract has commenced, to decrease or increase the quantity of work to be performed, materials, equipment or supplies to be furnished, or address other provisions of the contract as approved by the City Council, and as appropriate under state law. No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the contract. All change orders or modifications to the contract will be documented in written form by the City of Bossier City and acknowledged by the contracted vendor. All change orders and modifications to the contract shall be processed through the Purchasing Division only.

30. DELIVERY PROMISE – PENALTIES: Where indicated, respondents must provide number of calendar days required to deliver goods or services to the City of Bossier City after receipt of order (ARO).

Do not quote shipping dates. When delivery delay can be foreseen, the vendor shall provide advance notice to the Purchasing Agent, who shall have the right to extend the delivery date if reasons for delay are acceptable. Default in promised delivery, without acceptable reason(s), or failure to meet specifications as contained herein or in the contract documents, authorizes the Purchasing Division to purchase goods or services from an alternate source. The defaulting vendor may be subject to re-procurement costs.

31. DELIVERY TIMES: Unless otherwise specified herein, deliveries will only be accepted during normal working hours at the designated City of Bossier City location(s).

32. INSPECTION: Upon receipt of goods or services, the same will be inspected for compliance with the specifications contained herein or in the contract documents. If the goods or services do not pass inspection, the vendor will be required to remedy the situation at the vendor’s sole expense. The vendor will be required to retrieve the rejected goods at the delivery point and provide the necessary repairs of or replacement and return of the goods in new condition to the original point of delivery; or re-perform services in accordance with the terms and conditions of the contract and to the City of Bossier City’s satisfaction.

33. INVOICES: Original invoices shall be submitted to the Accounts Payable Division, Department of Finance, and P.O. Box 5337, Bossier City, LA 71111 and should reference the purchaser order issued.

34. PAYMENT TERMS: Payment terms are net 30 days, unless otherwise specified by the City in the bid/proposal document. The City does not pay COD or in advance.

35. INSURANCE: The City of Bossier City requires vendor(s) to carry the minimum insurance as required by the greater of the requirements contained in state laws or the insurance requirements contained in the contract documents.

36. PRICE ESCALATION: Unless otherwise stated in the specifications herein, prices must remain firm for the initial term of the contract. The contracted vendor may request an adjustment at the time of contract renewal by submitting a request in written form to the Purchasing Agent. Basis for price escalation must be based on the Consumer Price Index or other appropriate nationally recognized index for the most recent twelve-month period.

37. INDEMNITY: The bidder shall defend, indemnify and hold the City of Bossier City, its officers, agents and employees harmless from any and all costs, expenses, suits, demands, claims ,liabilities, liens, encumbrances or damages, including attorneys’ fees and costs of suit, of any character, name and description, incurred or resulting from any injuries or damages received or sustained by any person, persons or property on account of any intentional wrongful conduct or negligent act or fault of the successful bidder, or of any agent, employee, subcontractor or supplier in the execution of, or performance under, any contract which may result from bid award and the bidder so agrees upon the submission of the bid. The bidder shall deliver, if so requested by the City of Bossier City, a written release of all liens or other proper evidence of same, to the satisfaction of the City prior to the issuance of final payment by the City.

38. PATENT RIGHTS: Respondent agrees to indemnify and hold harmless the City of Bossier City from any claim involving patent right infringement or copyright infringement on goods or services supplied to the City.

39. PROTESTS: All protests regarding the solicitation process must be submitted in written form to the Purchasing Agent within five (5) working days following the opening of bids/proposals. This includes all protests relating to legal advertisements, deadlines, bid/proposal openings, and all other related procedures under the Local Government Code, as well as any protests relating to alleged improprieties or ambiguities in the specifications contained herein or in the contract documents. Post-award protests must be submitted in written form to the Purchasing Agent within five (5) working days after award. The protest must include, at a minimum, the name of protester, bid/proposal number or description of goods or services, and a statement of grounds for protest. The Purchasing Agent, having authority to make the final determination, will respond within ten (10) working days to each substantive issue raised in the protest. Allowances for reconsiderations shall be made only if data becomes available that was not previously known, or if there has been an error of law or regulation.

40. TERMINATION FOR DEFAULT: The City of Bossier City reserves the right to enforce the performance of the contract in any manner prescribed by law or deemed to be in the best interest of the City in the event of breach or default of the contract. If, for reasons other than due to the City of Bossier City or a Force Majeure Event (defined in Paragraph 44), the City reserves the right to terminate the contract immediately in the event the contracted vendor fails to meet delivery schedules, or otherwise perform in accordance with the specifications contained herein or in the contract documents. Breach of contract or default authorizes the City to award the contract to another vendor, or purchase from an alternate source, and charge the full increase in cost to the defaulting contracted vendor.

41. REMEDIES: The successful vendor and the City of Bossier City agree that each party may have rights, duties, and remedies available as stated in the Uniform Commercial Code and any other available remedy, whether in law or equity.

42. VENUE: The validity of the contract and of any of its terms or provisions, as well as the rights and duties hereunder or the contract documents, shall be governed by and construed in accordance with the laws of the State of Louisiana. Exclusive venue for any legal action shall lie in Bossier Parish, Louisiana.

43. LIMITATION ON DAMAGES. In all events, regardless of the legal theory (e.g., breach of contract or warranty, negligence, strict liability, etc.): (1) A PARTY IS NOT LIABLE TO THE OTHER PARTY FOR

SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL DAMAGES OR

ECONOMIC LOSS, INCLUDING ANY LOSS OF BUSINESS, PRODUCTION OR PROFITS; and (2) the total amount of damages that a Party may recover from the other Party resulting from any occurrence arising in connection with their relationship contemplated by this agreement is limited to an amount equal to the payment made by the City of Bossier City to vendor under this agreement during the 12-month period ending on the date of the occurrence. However, vendor has the right to recover the full amount of any payments from the City of Bossier City under this agreement.

1. APPLICABILITY: These standard terms and conditions apply to all goods or services procured by the City of Bossier City, Louisiana, unless otherwise stated in the specifications.

The instructions contained herein shall be incorporated into the contract as well as any subsequent purchase order(s) issued for goods or services and shall be included as part of the specifications issued herewith.

2. NOTIFICATION: The City of Bossier City advertises bid/proposal opportunities through.www.bidnetdirect.com and the Bossier Press Tribune. The City shall not be responsible for information distributed by sources other than those listed.

3. ADDENDA: Any revisions to the information contained herein will be issued in the form of addenda. The sole issuing authority shall be vested in the City of Bossier City Purchasing Division. If addenda contain material changes to the specifications or pricing form, the respondent shall acknowledge receipt of addenda.

4. SILENCE OF SPECIFICATION: The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement.

5. MINOR DEFECT OR IRREGULARITY: The City of Bossier City has no authority to waive errors, omissions or any other informalities in bids received.

6. ELECTRONIC SUBMISSIONS: The City of Bossier City utilizes BidNetDirect to advertise and receive bids and proposals electronically over the Internet. Electronic submissions through BidNetDirect shall be electronically signed and dated by a duly designated representative or agent of the company submitting the bid/proposal. Respondents must clearly and concisely provide all requested information as stated in the bid/proposal document. Failure to provide the requested information will result in such submission being deemed non-responsive. In order to be advised of bid opportunities and submit electronic bids, vendors must register with BidNetDirect.

7. PAPER SUBMISSIONS: Paper submissions shall be submitted on the forms provided by the City of Bossier City and must be signed and dated by a duly designated representative or agent of the firm submitting the bid/proposal. Respondents shall clearly and concisely provide all requested information as stated in the bid/proposal document. Failure to provide the requested information will require such submission to be deemed non-responsive.

http://www.bidsync.com/

8. PRESENTATION OF BIDS/PROPOSALS: Paper submissions shall be presented to The Office of the Purchasing Agent, City of Bossier City, 2nd floor, Municipal Building, 620 Benton Road, Bossier City, LA by the stated deadline. Paper submissions shall be presented in a sealed envelope with respondent’s name and the bid/proposal number clearly identified on the outside of the envelope.

9. LATE SUBMISSIONS: The date/time stamp located in the City of Bossier City Purchasing Division serves as the official time clock. Submissions received in the Purchasing Division after the stated deadline shall be refused and returned unopened. The City of Bossier City is not responsible for issues encountered with methods of delivery.

10. PRICING: Prices offered shall be submitted for units of quantity as specified in the bid/proposal document, extended and totaled. In the case of a discrepancy in the extended price, the unit price shall govern and control. Any alteration, strike-through or erasure made prior to bid/proposal opening shall be initialed by the signer of the bid/proposal, guaranteeing authenticity. FOR BIDS ONLY: Prices offered cannot be altered or amended after the submission deadline. Bids may not be changed for the purpose of correcting an error in bid price after bid opening.

11. TAXES: Act 1029 of the 1991 Louisiana Legislative Session provides an exemption and exclusion from both state and local sales and use taxes on purchases for municipalities.

12. WITHDRAWAL OF OFFER: Respondent agrees that an offer may not be withdrawn or cancelled for a period of one hundred twenty (120) days following the date and time designated for the receipt of bid/proposal without written approval of the Purchasing Agent.

13. F.O.B./DAMAGE: Prices offered shall be F.O.B. Final Destination, City of Bossier City, LA, and shall be all inclusive of shipping, handling and packaging costs. The City does not accept or assume any liability for goods delivered in damaged or unacceptable condition. The successful respondent shall be responsible for handling all claims with carriers, and in case of damaged or unacceptable goods, shall ship replacement goods immediately upon notification by the City.

14. PREPARATION COST: All costs associated with the preparation of an offer shall be borne by the respondent. The City of Bossier City will not be liable for any costs associated with the preparation transmittal, or presentation of submissions, or with any materials submitted in response to the same.

15. TESTING: At the City of Bossier City’s discretion, testing may be required prior to award of bid/proposal or prior to delivery of goods or services. Product testing shall be performed without expense to the City.

16. SAMPLES: At the City of Bossier City’s discretion, samples may be required prior to award of bid/proposal, or prior to delivery of goods or services. Samples shall be provided at no cost to the City. Samples should not be enclosed with submission unless specifically requested.

17. QUALITY: Any catalog, brand names, or manufacturer’s reference in this bid/proposal packet is descriptive and not restrictive and is intended to indicate type and minimum quality level desired for comparison purposes, unless otherwise stated herein. All products and/or optional equipment offered shall be new and of current manufacture. No items of a demonstrator, leased, reconditioned, rebuilt, repossessed or used nature shall be considered, unless otherwise specifically stated herein.

18. BID/PROPOSAL OPENINGS: All offers will be read aloud at the time and place indicated in the invitation to bid. However, the reading of an offer shall not be construed as a comment on the responsiveness of such offer, or as any indication that the City accepts such offer as responsive. The City of Bossier City will decide regarding the responsiveness of offers submitted based upon compliance with all applicable laws and the City of Bossier City’s purchasing guidelines. Bids will be in active use after the opening and therefore will not be available for public inspection until 72 hours after the bid opening (exclusive of Saturdays, Sundays, and legal public holidays- La. R.S. 44:33). The City will notify the successful respondent upon award of the contract.

19. BID AWARD CRITERIA AND TABULATION: The award will be made to the lowest responsible and responsive bidder(s) according to the criteria designated in the Invitation for Bid. Bid/Proposal results are typically tabulated within one (1) business day after the scheduled opening

20. ANTI-COLLUSION: In submitting an offer, respondent certifies that they have not participated in nor have they been party to any collusion, price fixing or any other illegal or unethical agreements with any company, firm or person concerning the pricing offered.

21. NON-RESIDENT BIDDERS: Preference for Louisiana bidders is equal to the preference in the State of the non-resident bidder.

22. DELINQUENT TAXES: Any person, firm, or corporation that is in arrears to the City of Bossier City for delinquent taxes or otherwise, will not be recommended for award of any bid/proposal until the arrearage has been cleared in writing. If a contractor or vendor becomes delinquent while a contract is in force, payment for goods or services provided to the City under said contract or purchase order may be withheld until the arrearage has been cleared in writing.

23. MINIMUM STANDARDS FOR RESPONSIBILITY: A prospective vendor must affirmatively demonstrate responsibility. The City of Bossier City may request representation and other information sufficient to determine respondent’s ability to meet the minimum standards including but not limited to:

A. Have adequate financial resources, or the ability to obtain such resources as required;

B. Ability to comply with the required or proposed delivery schedule;

C. Have satisfactory record of performance;

D. Have a satisfactory record of integrity and ethics;

E. Be otherwise qualified and eligible to receive an award.

24. ACCEPTANCE: Respondent agrees that acceptance of any or all items by the City of Bossier City within a reasonable period of time, not to exceed thirty (30) days following the date and time designated for the receipt of the bid/proposal, shall be binding upon respondent. Respondent shall thereafter execute all documents necessary to enter into a contract in a form acceptable to and properly executed by the City to provide such goods and services.

25. CONTRACT PERIOD: The period of the contract shall be as stated in the invitation to bid, not to exceed five years.

26. FUNDING: All multi-year contracts must contain the following annual appropriation dependency clause: "The continuation of this contract is contingent upon the continuation of an appropriation of funds by the City Council to fulfill the requirements of the contract. If the Council fails to appropriate sufficient monies to provide for the continuation of a contract or if such appropriation is reduced by the veto of the Mayor or by any means provided in the appropriations process to prevent the total appropriations for the year from exceeding revenues for that year or for any other lawful purpose and the effect of such reduction is to provide insufficient monies for the continuation of the contract, the contract shall terminate on the last day of the fiscal year for which funds were appropriated.”

27. ASSIGNMENT: The successful vendor shall not sell, assign, transfer or convey any contract, in whole or in part, without the prior written consent of the City obtained through the City’s Purchasing Division.

28. INTERLOCAL AGREEMENT: The successful vendor may agree to extend prices for goods and services under the same terms and conditions of this bid/proposal to all governmental entities that have entered into, or will enter into, inter local cooperative purchasing agreements with the City of Bossier City.

29. CHANGE ORDER: The City of Bossier City reserves the right to modify or change plans and specifications as deemed necessary after the performance of the contract has commenced, to decrease or increase the quantity of work to be performed, materials, equipment or supplies to be furnished, or address other provisions of the contract as approved by the City Council, and as appropriate under state law. No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the contract. All change orders or modifications to the contract will be documented in written form by the City of Bossier City and acknowledged by the contracted vendor. All change orders and modifications to the contract shall be processed through the Purchasing Division only.

30. DELIVERY PROMISE – PENALTIES: Where indicated, respondents must provide number of calendar days required to deliver goods or services to the City of Bossier City after receipt of order (ARO). Do not quote shipping dates. When delivery delay can be foreseen, the vendor shall provide advance notice to the Purchasing Agent, who shall have the right to extend the delivery date if reasons for delay are acceptable. Default in promised delivery, without acceptable reason(s), or failure to meet specifications as contained herein or in the contract documents, authorizes the Purchasing Division to purchase goods or services from an alternate source. The defaulting vendor may be subject to re-procurement costs.

31. DELIVERY TIMES: Unless otherwise specified herein, deliveries will only be accepted during normal working hours at the designated City of Bossier City location(s).

32. INSPECTION: Upon receipt of goods or services, the same will be inspected for compliance with the specifications contained herein or in the contract documents. If the goods or services do not pass inspection, the vendor will be required to remedy the situation at the vendor’s sole expense. The vendor will be required to retrieve the rejected goods at the delivery point and provide the necessary repairs of or replacement and return of the goods in new condition to the original point of delivery;

or re-perform services in accordance with the terms and conditions of the contract and to the City of Bossier City’s satisfaction.

33. INVOICES: Original invoices shall be submitted to the Accounts Payable Division, Department of Finance, and P.O. Box 5337, Bossier City, LA 71111 and should reference the purchaser order issued.

34. PAYMENT TERMS: Payment terms are net 30 days, unless otherwise specified by the City in the bid/proposal document. The City does not pay COD or in advance.

35. INSURANCE: The City of Bossier City requires vendor(s) to carry the minimum insurance as required by the greater of the requirements contained in state laws or the insurance requirements contained in the contract documents.

36. PRICE ESCALATION: Unless otherwise stated in the specifications herein, prices must remain firm for the initial term of the contract. The contracted vendor may request an adjustment at the time of contract renewal by submitting a request in written form to the Purchasing Agent. Basis for price escalation must be based on the Consumer Price Index or other appropriate nationally recognized index for the most recent twelve-month period.

37. INDEMNITY: The bidder shall defend, indemnify and hold the City of Bossier City, its officers, agents and employees harmless from any and all costs, expenses, suits, demands, claims ,liabilities, liens, encumbrances or damages, including attorneys’ fees and costs of suit, of any character, name and description, incurred or resulting from any injuries or damages received…