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HomeMy WebLinkAbout12-10-18 City Commission Packet Materials - C12. Amendment 1 to BPA with Neo Solutions Inc. for Polymer at the WRF Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Tom Radcliffe, Water Reclamation Facility Superintendent Shawn Kohtz, Interim Director of Public Works SUBJECT: Authorize the City Manager to sign the First Amendment to Bid Purchase Agreement for the purchase of polymer, extending the contract to October 23, 2019 and amending the purchase price to $1.239 per pound. AGENDA ITEM TYPE: Consent MEETING DATE: December 10, 2018 RECOMMENDATION: Authorize the City Manager to sign the First Amendment to Bid Purchase Agreement for the purchase of polymer, extending the contract to October 23, 2019 and amending the purchase price to $1.239 per pound. BACKGROUND: The City of Bozeman WRF purchases approximately 82,800 pounds of this product per year. In 2017, staff went through the competitive sealed bidding process and received four responses. Neo Solution Inc. was awarded a one (1) year contract with the ability to amend the contract due to the volatile polymer raw materials market and shipping charges and to extend the contract for up to three (3) years. UNRESOLVED ISSUES: None. ALTERNATIVES: As suggested by the City Commission. FISCAL EFFECTS: This item was approved in the FY19 operating budget. Attachments: First Amendment to Bid Purchase Agreement Year 2 Pricing October 23, 2017 Purchase Agreement Report compiled on: November 20, 2018 118 First Amendment to Bid Purchase Agreement for Polymer FY 2018-2019 Page 1 of 3 FIRST AMENDMENT TO BID PURCHASE AGREEMENT THIS FIRST AMENDMENT (“Amendment”) TO THE BID PURCHASE AGREEMENT FOR POLYMER dated October 23, 2017 (the “Agreement”) is made effective as of October 23, 2018, by and between the CITY OF BOZEMAN, MONTANA, a self governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” Neo Solutions, Inc., with a mailing address of PO Box 26, Beaver, PA 15009, hereinafter referred to as “Seller.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement as follows: 1. Extension of Term. The Agreement is extended for an additional one (1) year period pursuant to Section 4 of the Agreement (“Extension Term”). The Agreement shall terminate on October 23, 2019. 2. Price. During the Extension Term the purchase price reflected in Sections 1 and 3 of the Agreement is amended to $1.239 per pound. Seller’s price quotation dated November 1, 2018, is attached hereto as Exhibit A to this Amendment and by this reference made a part of the Agreement. 3. Agreement still valid. All remaining terms and provisions of the Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 119 First Amendment to Bid Purchase Agreement for Polymer FY 2018-2019 Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed this instrument on the dates written below. CITY OF BOZEMAN, MONTANA NEO SOLUTIONS, INC. By________________________________ By_____________________________ Andrea Surratt, City Manager Print Name: ____________________ Title: __________________________ Date:______________________________ Date: __________________________ APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 120 First Amendment to Bid Purchase Agreement for Polymer FY 2018-2019 Page 3 of 3 EXHIBIT A PRICE QUOTE FOR FIRST EXTENSION OF POLYMER PURCHASE AGREEMENT 121 122 123 124 125 126