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HomeMy WebLinkAboutAgreement for Equipment and Supplies Procurement with Weschem Liquid for Emulsion Polymer' ~s1" 'AGREEMENT FOR SUPPLIES /EQUIPMENT PROCURMENT THIS AGREEMENT FOR EQUIPMENT /SUPPLIES PROCUREMENT is made this 25~' day of August, 2009, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and WESCHEM, INC, hereinafter referred to as "SUPPLIER", whose business address is 10625 Barnsdale Ct, Boise, ID 83711. INTRODUCTION Whereas, the City:~has a need for services involving the procurement of LIQUID EMULSION POLYMER; and WHEREAS, the Supplier is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS Equipment /Supply Specifications & Requirements: 1.1 SUPPLIER shall supply the equipment and/or supplies to the City upon execution of~this Agreement and receipt of the City's written notice to proceed, all items, and comply in all respects, as specified in the document titled "Supply Specifications & Requirements" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 The Supplier shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Supplier represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this LIQUID EMULSION POLYMER PW-09-10077A - page 1 of 13 Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Supplier and any reports or opinions prepared or issued as part of the work performed by the Supplier under this Agreement, Supplier makes no other warranties, either express or implied, as part of this Agreement. 2. Consideration 2.1 The Supplier shall be compensated on a per pound basis (Not-To- Exceed $109,340.00) as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof. 2.2 The Supplier shall provide the City with a detailed monthly statement detailing all deliveries for the month, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Supplier under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Supplier. 2.3 Except as expressly provided in this Agreement, Supplier shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including ,but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Supplier shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) August 24, 2010 or (c) unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. This Agreement shall terminate automatically on the occurrence of (a} bankruptcy or insolvency of either party, or (b) sale of Suppliers business. 3.2 Should Supplier default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Supplier. LIQUID EMULSION POLYMER PW-09-10077A - page 2 of 13 3.3 Should City fail to pay Supplier all or any part of the compensation set forth in Attachment B of this Agreement on the date due, Supplier, at the Supplier's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 This Agreement shall terminate automatically on the occurrence of any of the following events: a. Bankruptcy of insolvency of either party; b. Sale of Supplier's business; or c. Death of Supplier 3.5 The City reserves the right to extend the Contract based on the terms and conditions and Specifications for up to two one year periods from the date of initial expiration, provided such extension/s is within the budget and is authorized by the City Council, and the extension is mutually agreeable to both the City and Supplier. 4. Termination: If, through any cause, SUPPLIER, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to SUPPLIER of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. SUPPLIER may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by SUPPLIER under this Agreement shall, at the option of the CITY, become its property, and SUPPLIER shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, SUPPLIER shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by SUPPLIER, and the CITY may withhold any payments to SUPPLIER for the purposes of set-off until such time as the exact LIQUID EMULSION POLYMER PW-09-10077A - page 3 of 13 amount of damages due the CITY from SUPPLIER is determined. This provision shall survive the termination of this agreement and shall not relieve SUPPLIER of its liability to the CITY for damages. 5. Independent Supplier: 5.1 In all matters pertaining to this agreement, SUPPLIER shall be acting as an independent supplier, and neither'SUPPLIER nor any officer, employee or agent of SUPPLIER will be deemed an employee of CITY. Except as expressly provided in Attachment A, Supplier has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5.2 Supplier, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent suppliers and not as employees of the City. 5.3 Supplier shall determine the method, details and means of performing the work and services to be provided by Supplier under this Agreement. Supplier shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Supplier in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Supplier, such persons shall be entirely and exclusively under the direction and supervision and control of the Supplier. 6. Indemnification and Insurance: SUPPLIER shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the SUPPLIER, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. SUPPLIER shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million' Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation LIQUID EMULSION POLYMER PW-09-10077A - page 4 of 13 Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, SUPPLIER covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Supplier or Supplier's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. SUPPLIER shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing SUPPLIER'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Supplier begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, SUPPLIER shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Supplier shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. To the extent of the indemnity in this contract, Supplier's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Supplier's insurance and shall not contribute with Supplier's insurance except as to the extent of City's negligence. The Supplier's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.4 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. LIQUID EMULSION POLYMER PW-09-10077A - page 5 of 13 6.5 The limits of insurance described herein shall not limit the liability of the Supplier and Supplier's agents, representatives, employees or subcontractors. 7. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Agent 33 E. Broadway Avenue Meridian, Idaho 83642 Weschem, Inc Attn: Mark Plafcan 10625 Barnsdale Ct Boise, I D 83713 208-375-4001 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 9. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Assignment: It is expressly agreed and understood by the parties hereto, that SUPPLIER shall not have the right to assign, transfer, hypothecate or sell any of its rights under this agreement except upon the prior express written consent of CITY. LIQUID EMULSION POLYMER PW-09-10077A - page 6 of 13 12. Discrimination Prohibited: In performing the Work required herein, SUPPLIER shall not unlawfully discriminate in ,violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 13. Reports and Information: 13.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 13.2 Supplier shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 14. Audits and Inspections: At any time during normal business hours and as.often as the CITY may deem necessary, there shall be made available to the CITY for examination all of SUPPLIER'S records with respect to all matters covered by this Agreement. SUPPLIER shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materiels, payrolls, records of personnel, conditions of employment and other'data relating to all matters covered by this Agreement. 15. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall b~ subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 16. Compliance with Laws: In performing the scope of work required hereunder, SUPPLIER shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governmdnts. 17. Quantities: The quantity listed in Exhibit A are estimates only, based upon current known requirements, and not a guarantee to purchase and are subject to increase or decrease within the contract period. Any increase or decrease will be governed by the same terms and LIQUID EMULSION POLYMER PW-09-10077A - page 7 of 13 conditions of this Agreement. 18. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 20. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 21. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 22. Order of Precedence: The order or precedence shall be this contract agreement, the Invitation for Bid document, and successful bid document. 23. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 24. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. LIQUID EMULSION POLYMER PW-09-10077A - page 8 of 13 CITY OF MERIDIAN BY: ~ ~ ~ se , CZ~' ~. Dated: /O -~~7 ~ ~ Approved by City CounciL•` /~ ~~'7 ~~ Weschem, Inc. ~~irn Q BY: Dated: I ~ J I'Z- Attest: ,,,,, , ~ ~ ~ ~ ~, ~ ~ ~,,,, ,~'~\`~~y OF Mo~'9'~~~''% ~,o~O~rFO ~' ., ': Y E L. HOLMAN, CITY GLE K $E~-L Approved as to Content =; .9 9~r ~°°~ p ~~ Department Approval ,,~ ~~•9 UNTY , `OQ,```~,~ KEITH A S, PU CHASING AGENT //~~ NAME: Dated: l V ' 2 3 ~ Q~ TITLE: Approved as to Form CITY ATTORNEY Dated: LIQUID EMULSION POLYMER PW-09-10077A - page 9 of 13 SUPPLY SPECIFICATIONS & REQUIREMENTS Attachment A Polymer furnished shall meet the specified terms and condition herein: Polymer a. The polymer shall perform to the following quality and performance unless the specifications and requirements are modified by the City: Minimum Sludge Cake Solids: 21 %, with volatile solids content of 60 to 70% Minimum Solids Recovery: 97.5% b. Polymer must dissolve easily and completely in potable water within 10 minutes, in concentrations up to 0.5% by weight. c. The polymer concentration shall not be less than 33%. Delivery of Polymer d. Polymer shall be delivered by the Wastewater Treatment Facility: 3401 N Ten Mile Road, SUPPLIER to the City of Meridian Meridian, Idaho 83646. All shipping and delivery charges shall be paid by the SUPPLIER and shall be included in the bid price. The City of Meridian intends to place orders on a quarterly basis. It is estimated that each order will be enough to achieve approximately 250 dry tons of biosolids. e. In no event shall polymer delivery take longer than five business days from SUPPLIERS receipt of City's polymer order. f. Deliveries shall be made between 8:30 a.m. and 3:30 p.m., Monday through Friday, excluding holidays. g. The SUPPLIER shall make available to the City laboratory services to select the optimum polymer for the sludge generated throughout the year. The SUPPLIER shall provide assistance in optimizing the settings on the City's polymer blending/mixing units when required. This contract price LIQUID EMULSION POLYMER PW-09-10077A - page 10 of 13 shall include the cost of four evaluations at the City's treatment plant during the year. h. The SUPPLIER shall promptly provide personnel necessary to assist in the proper application of their product. i. The prices stated in Exhibit B shall be fixed for the term of the Contract.. j. Polymer shall perform as stated above and in the Invitation for Bid during the entire term of the Contract and failure to comply will be just cause for City's termination of the Contract. k. Substitute products will not be allowed unless they can be demonstrated to perform as equal to or better than the specified polymers, prior to delivery and accepted in writing by the City, at the specified performance requirements, for the same or lower real cost. I. The City reserves the right to discontinue the use of the dewatering centrifuge (and associated polymer purchase) and to employ alternate methods of sludge conditioning, dewatering, and/or disposal. m. The City reserves the right to purchase altemate polymer from the SUPPLIER -should an alternate polymer be determined to better meet the City's needs. n. SUPPLIER acknowledges that it is able to supply this product, at the same performance quality and manufacturing specifications, at the volume necessary to fulfill the terms/length of the annual contract. Lab samples will be checked against future deliveries of product to ensure performance-based standards. The SUPPLIER will be required to produce, at the City's request, retained samples of product batches delivered. An MSDS sheet must accompany each shipment and a certificate of analysis stating the total solids, bulk viscosity, and dilute viscosity. The City reserves the right to conduct lab analysis on each load delivered to verify the certificate of analysis. o. In the event the SUPPLIER discontinues manufacturing the product supplied, or changes the manufacturing process, it is the SUPPLIERS responsibility to inform the City of Meridian of these changes and to supply, at no additional cost to the City, a product with equal or superior performance than the product previously supplied at no more than the annual contract price. p. In the event of a drop in performance without a notification of change by the SUPPLIER and with no significant changes in plant process, the LIQUID EMULSION POLYMER PW-09-10077A - page 11 of 13 sludge/polymer interaction will be documented and compared with the original sludge/polymer interaction. It will be the supplier's responsibility to remove any polymer whose performance or specifications are deemed substandard by The City of Meridian. Failure to do so may result in termination of the annual contract. LIQUID EMULSION POLYMER PW-09-10077A - page 12 of 13 Attachment B PAYMENT SCHEDULE Price Per TASK DESCRIPTION Pound Chemfloe 4160 LIQUID EMULSION POLYMER, per attached Specifications (Attachment A) Price factors in A• the active polymer concentration to be not less than $~ . ~ o 33%. Price includes shipping, delivery and container return services. Travel expenses will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. LIQUID EMULSION POLYMER PW-09-10077A - page 13 of 13 Meridian City Council August 25, 2009 Page 21 of 25 De Weerd: Okay. Thank you for being here. Okay. This is a public hearing. Is there anyone else who would like to provide testimony on this item? Okay. Seeing none, Council, any further information needed or do I have a motion to close? Bird: Madam Mayoi't De Weerd: Mr. Bird. Bird: Hearing no comment, I move we close the public hearing on AP 09-002. Rountree: Second. De Weerd: I have a motion and a second to dose the public hearing. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Okay. Rountree: Madam Mayor? De Weerd: Yes. Rountree: I move that we approve the request and the appeal of the director's decision for Paramount school portable classroom structure. Direct the applicant to submit an alternative compliance application and that the fees for both the appeal of the director's decision, as well as the application for alternative compliance, be waived, with the understanding that this is a temporary structure and will be removed in the relatively near future. And I'm not going to define that, but we need a new school and it sounds like it's under -it's in the planning and development process. Bird: Second. De Weerd: Okay. I have a motion and a second. Any discussion? Madam Clerk, will you, please, call roil. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 9: Bid Protest H®aring for Emulsion Polymer Bid Award by Nalco: De Weercl: Okay. Thank you. Item 9 is a bid protest hearing. Mr. Watts. Meridian city counai Augustas,zoos Page 22 of 25 Watts: Good evening, Madam Mayor, Council Members, you have a bid protest e-mail in your packets tonight regarding the liquid polymer bid. Rich Dees is here also to go over the testing procedures. I will give you an overview of the process from the purchasing standpoint. June 8th we issued the bid to eight vendors and advertised in the newspaper. We held apre-bid meeting on the 15th of June to review the specifications and the testing process that we would go through. On the 17th we had -- we issued an addendum from a result of the discussion on the pre-bid meeting of the 15th. June 26 we received four bids, one from Naloo, one from Weschem, one from Ciba and one from WaterTech. The full scale testing began on July 8th and the full scale testing consisted of a test day prior to their official test to dial in their polymer and the equipment to give the optimum result and. then, the full scale test was conducted the second day. There were two of the bidders were deemed nonresponsive with not meeting the minimum requirements of. the bid specifications. Then on August 10th we posted the final results of those full scale tests and the bid results and notified all the bidders of the bid results. And Rich Dees can go over the details of the testing as well. I guess I should also comment that the bidder who was protesting, Nalco, one of the bidders who was deemed nonresponsive. De Weerd: Okay. Thank you. Rich. Dees: Madam Mayor, Members of the Council, as Keith said, the testing went on on the dates that he presented. The testing was fairly rigorous. The folks had to present to us to demonstrate that their polymer worked. It was quite complicated. One of the things they had to do was demonstrate they could get to 21 percent. At least between 21 and 22 percent. That was our goal. It wasn't -- 21 percent wasn`t just picked out of the air, ft was a percentage that we came to a long time ago when the City of Meridian bought the centrifuges. One of the things that had to happen is you had to have 21 percent solids to pay the centrifuges back in the time allowed that you wanted to buy the centrifuges for. Anything less than that would mean we were hauling more water than solids and the cost would go up dramatically. In just a second I will tell you how little things means quite a lot in this particular case. Indeed, the average cake solids for for Nalco was 20.4, instead of 21 percent. Now, they mentioned in their letter that they were getting 21 and 22 percent, but they were using a moisture balance, which is a little bit tricky to use, it's just to determine the ballpark accuracy, so they could dial in their system. It wasn't the official laboratory analysis. All the bidders knew that they were going to be subjected to laboratory analysis of their cake when the test did begin. So, ft wasn't a big -~ shouldn't have been a big surprise to anybody. Did you mention that everybody went to the pna-bid meeting? Okay. In any case, the -the test went on and they produced, as our lab showed, 20.4 percent. The -It's interesting enough, Weschem is the -was the winning bidder. Weschem, they got a 21.39 percent solid cake. However, during the dial -during your run up when they were trying to dial in the system as ft were, they had one point where they were messing with the configuration that they got a 20.66, very similar to what Nalco got. Well, the reason that is is because they didn't have the system dialed in just exactly like they wanted. In fact, they said, you know what, we had to increase the polymer qufte a bft to get ft to your 21 percent. That's the reason the Meridian City Coundl August 25, 2009 Page 23 of 25 cost went up. If we take and back off the -- the numbers and say, okay, let's assume that Weschem is allowed to use their 20.66 percent, that's 26.8 percent less polymer, which means their bid would have come in at $66.71 under what Nalcm came in. But that wasn't the parameters. Our floor was 21 pet cent. So, we wanted to have a level playing field for everybody and that's what we stuck with. So, that's pretty much it. We just - we are trying to get the best playing field we had. We did establish the criteria, which was 21 percent, and we did establish the time that they had to get to that point. We let them have a day of run up to make sure they got tt dialed and, quite frankly, It's unfortunate, but, quite frankly, the Nalco folks just couldn't make it work. Two bidders did make it work, two did not. De Weerd: Thank you. Council, any questions? Mr. Nary, do we need any kind of Council action on this? Nary: Yes, Madam Mayor. Just a couple more things. Nalco did advise I think the clerk's office today they would not be present for tonight's hearing. They felt that their letter of protest was representative of their claim. Yeah, we do need Council action. Basically, what's in front of you -the allegation and the bid protest was that their -they did have a representative bid, that they were the low bidder -they would have been the low bidder. What they have indicated in their letter was that their trial period testing was sufficient to be counted as their bid. What's been presented now by the purchasing agent was the process that was gone through by all the parties and how that spec was determined by Public Works. Your evidence in front of you is that all of them were given a fair opportunit)r to provide this testing when the testing was done. Actually, Nalco did not -the trial testing wasn't considered, it was only when the actual testing was done was what was considered for whether it was a qualifying bid. Theirs was not. If the Council wishes to accept that, then, you would, then, reject this protest that they were a non-response bidder and, then, go ahead and move forward to direct to award the bid to the t~e~n~ib. to htdder. If you accept Nalco's version of the circumstances, then, you can order - in this circumstance all you could order is to reject ail bids and rebid the whole project, because they wouldn't necessarily be lowest if they weren't the lowest responsive bidder during the test, but ff they think the test was skewed or the process was skewed, you could direct that the entire process be done over. De Weerd: Okay. Council, any questions? Do I have a mofion? Rountree: Madam Mayor, just a final question if I might. And this would be to Rich. You indicated that the specs were written that the lab results would be what determined and the reference in the letter from Nalco is that they believe theirs met the specs, but that was based on an assumption, anecdotal information they had after the test, something other than a certified laboratory analysis. Dees: Yeah. Madam Mayor, Councilman Rountree, indeed, we specified that the lab results would be the determining --final determining factor whether they won or lost the bid. What they used is a thing called a moisture balance, which was the rough -rough estimate of are you getting within the ballpark of applying the right amount of polymer Meridian City Coundl August 25, 2008 Page 24 of 25 for the bio solids. So, that's the number they were getting was about 21 percent and that's all they could say was about 21 percent. Well, tt was precisely 20.4. Rountree: And I see nothing else in their response, other than they believe they performed and met the specifications, nothing about the test or otherwise. Madam Mayor, I would move that we reject this bid from Nalco as a nonresponsive bid. Hoaglun: Second. Rountree: And move to award to the lowest bidder. Hoaglun: Second that. De Weerd: Okay. Any discussion on that - on that motion? Okay. Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Okay. Council, we are at the end of our agenda. I would invite Lieutenant Overton to share the good news, if you want to take a moment. Overton: I'm assuming when you talk about good news, Madam Mayor, Members of Council, you're referring to the national award that MADC was just given this week? De Weerd: Yes, Indeed. Overton: This has been a year of awards for MADC and we pretty much thought it was over, but we got one more. Our original grant writer for the MADC, Bethany Gad~tnski, the bureau chief with the State Department of Health and WeFFare, submitted our organization with highest national organization and the highest award we could achieve for the MADC. They award between four and six coalitions or organizations each year and when she told us that she was entering our organization we said that's really great, but this is -this Is that long shot In the horse race and we got notified this week that we weren't the long shot, we aced it, and we won the national award and we have both members of our MADC, our director of our DFC grant and our part time MADC director headed to Anaheim, Califomla in September to accept the reward on behalf of the MADC. We will also get -besides our paying for lodging, federal per diem, flights, the whole works, there is an unrestricted 1,500 grant that they are giving us, along with that national recognition, as well as being recognized in front of all these other folks as part of this national prevention council, so - I didn't br(ng the papenarork, I could have read it right off of there, but k was pretty awesom®. It's the biggest award we have won so far. We got to go international to top this. Meridian City Coundl August 25, 2009 Page 25 of 25 Rountree: Good job. Zaremba: Cool. De Weerd: Okay. Council, do I have a motion? Yes, Mr. Bird. Bird: Before we - we all got invited to Thursday night at Spur Wing. a fund raiser for the Meridian Education Association. Invite all of you there. I think you all got your invitations. Hope you can make it. We would certainly enjoy seeing you. De Weerd: Okay. Do I have a motion to adjourn? Bird: So moved. Rountree: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. De Weerd: We are adjourned. MEETING ADJOURNED AT 8:30 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) l ~ l 0~0O9 MA OR~~ Y de WEERD DATE APPROVED `,,`11111111N1/-~~~~'r, ATTEST: ~~~ ~'~ '~~~-.-. JAYCE . HOLMAN, CITY Cl,~ ~ ° $EAL %y~~ ~`~o ., ~ ~Q. ~.