HomeMy WebLinkAbout09-15-20 City Commission Packet Materials - C16. Third Amendment to Bid Purchase Agreement for Polymer
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission FROM: Tom Radcliffe, Water Reclamation Facility Superintendent Mitch Reister, Director of Public Works
SUBJECT: Authorize the City Manager to sign the Third Amendment to Bid Purchase Agreement for the purchase of polymer, extending the contract to September 30, 2021 and amending the purchase price to $1.239 per pound.
AGENDA ITEM TYPE: Consent MEETING DATE: September 15, 2020
RECOMMENDATION: Authorize the City Manager to sign the Third Amendment to Bid Purchase Agreement for the purchase of polymer, extending the contract to September 30, 2021 and amending the purchase price to $1.239 per pound.
BACKGROUND: The City of Bozeman Water Reclamation Facility (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. The
contract was extended twice and will expire on September 30, 2020.
Due to the COVID-19 pandemic, WRF staff and the Director of Public Works determined it was not advisable to carry out the bid process for this purchase contract this year, as the process requires interested vendors to visit the WRF in person for pre-qualification testing, and to instead extend
this contract for one additional year. On March 18, 2020 the City Commission adopted Ordinance
2047 authorizing the City Manager to enter into agreements and contracts, and make purchases and expenditures reasonably necessary to implement the City Manager’s Declaration of Emergency dated March 16, 2020 without adhering to state and local procurement requirements.
UNRESOLVED ISSUES: None.
ALTERNATIVES: As suggested by the City Commission.
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FISCAL EFFECTS: The total purchase price under this contract is estimated to be $102,589.00 in FY 2021. This purchase was approved in the FY 2021 operating budget.
Attachment: Third Amendment to Bid Purchase Agreement Report compiled on: August 19, 2020
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Third Amendment to Bid Purchase Agreement for Polymer
FY 2020 - FY 2021 Page 1 of 3
THIRD AMENDMENT TO BID PURCHASE AGREEMENT FOR POLYMER
THIS THIRD AMENDMENT TO THE BID PURCHASE AGREEMENT FOR POLYMER
dated October 23, 2017 (the “Agreement”) is made and entered into this 15th day of September,
2020, by and between the CITY OF BOZEMAN, MONTANA, a self governing municipal
corporation organized and existing under its Charter and the laws of the State of Montana, 121
North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT
59771, hereinafter referred to as “City,” and 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. Section 30 of the Agreement is extended for an additional one (1) year
period. The Agreement shall terminate on September 30, 2021.
2. Price. For the one-year term from October 1, 2020 through September 30, 2021 the
purchase price in the first sentence of Section 3 of the Agreement is amended to the price
shown on the letter dated August 7, 2020 from Seller, attached hereto as Exhibit A and by
this reference made a part hereof. The remainder of Section 3 remains in effect.
3. Nondiscrimination and Equal Pay. Section 6 of the Agreement is replaced in its entirety
with the following:
The Seller agrees that all hiring by Seller of persons performing this Agreement shall be on the
basis of merit and qualifications. The Seller will have a policy to provide equal employment
opportunity in accordance with all applicable state and federal anti-discrimination laws,
regulations, and contracts. The Seller will not refuse employment to a person, bar a person
from employment, or discriminate against a person in compensation or in a term, condition, or
privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital
status, national origin, actual or perceived sexual orientation, gender identity, physical or
mental disability, except when the reasonable demands of the position require an age, physical
or mental disability, marital status or sex distinction. The Seller shall be subject to and comply
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Third Amendment to Bid Purchase Agreement for Polymer
FY 2020 - FY 2021 Page 2 of 3
with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all
regulations promulgated thereunder.
Seller represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay
Act). Seller must report to the City any violations of the Montana Equal Pay Act that Seller has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Seller shall require these nondiscrimination terms of its subvendors providing services
under this Agreement.
4. Agreement still valid. All remaining terms and provisions of the Agreement remain valid.
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA NEO SOLUTIONS, INC.
By________________________________ By_____________________________
Jeff Mihelich, City Manager Print Name:
Title:
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
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Third Amendment to Bid Purchase Agreement for Polymer
FY 2020 - FY 2021 Page 3 of 3
EXHIBIT A
PRICING FOR TERM OF
THIRD AMENDMENT TO BID PURCHASE AGREEMENT
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07 AUG 2020
TO: City of Bozeman WWTP
2198 Springhill Road
Bozeman, MT 59718
ATTN: Tom Radcliffe
PHONE: (406) 582-2928
EMAIL: tradcliffe@bozeman.net
FROM: Jim Herceg, Technical Sales Engineer
jherceg@neosolutionsinc.com
C: (570) 441-0253 O: (724) 728-1847
The following price is offered for the City of Bozeman’s dewatering and sludge thickening
applications for an extension year to the current bid contract and expires 30 SEP 2021:
PRODUCT DESCRIPTION UNIT LBS./UNIT PRICE/LB.
NS 4413 Flocculant Tote, Plastic 2300 $1.239
The price listed is a DELIVERED price and includes all freight charges.
Please contact me at 570-441-0253 with any questions.
Sincerely,
Jim Herceg
Technical Sales Engineer
This quotation and all sales of Neo Solutions products are expressly conditioned on customer's acceptance
of the terms given herein and Neo Solutions' terms and conditions of sales as agreed upon. Any
additional or different terms and conditions in customer's documents are material alterations, are rejected
by Neo Solutions and shall not be part of any contract between customer and Neo Solutions.
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