HomeMy WebLinkAbout2012-017WHEREAS, the City Council previously entered into a contract for the construction of z
membrane bio-reactor ("MBR") as a part of its Wastewater Treatment Plant (WWTP) upgrade
and expansion project with Enviroquip, a Division of Eimco Water Technologies, LLC, now
[mown as Ovivo USA, LLC ("Ovivo"); and
WHEREAS, Enviroquip/Ovivo was the low bidder and successfully constructed the
MBR, known as Phases I and 11 of the contract, for an original contract price of $9,523,045.00;
and
WHEREAS, Enviroquip/Ovivo and the City had contracted for Phase III of the MBR,
which consisted of "Maintenance and Testing Services for a one (I) -year period following th*
Substantial Completion Date [and a] Long -Term System Performance Test" for an additional
contract price of $71,000 plus tax; and
WHEREAS, the City is contractually obligated to pay for the services, and Ovivo
contractually obligated to render the services which have not been provided, and i
WHEREAS, the parties desire to avoid any disputes or litigation concerning the contral
and wish to amend the contract to substitute the provision of certain parts and supplies for the
Phase III services under the project; and
NOW, THEREFORE, the City Council of the City of Arlington Washington does hereby
find and resolve as follows:
1. l'indines. The City Council finds as follows:
a. The City entered into an agreement with Enviroquip, a Division of Eimco
Water Technologies, LLC, for the construction of a membrane bioreactor as
part of its water reclamation facility;
b. Enviroquip was the low bidder for the project and successfully completet
Phases I and 11 of the project, which had been contracted at the sum of
$9,523,045.00;
C. The City and Enviroquip had contracted for Phase III of the project for
$71,000 plus sales tax for maintenance and testing services, which have not
been performed and which the City has determined to be unnecessary;
d. The City and Ovivo wish to amend the contract to reduce the services to
be provided by Ovivo and to substitute the provision of parts and supplies, the
majority of which were bid on and supplied in the original contract except for
two items which meet the original contract bid specifications but are from a
different manufacturer, but those items have a combined cost of less than
$3,750.00; and
e. The contract amendment will result in a savings to the taxpayer, and avoid
potentially costly litigation.
Declaration. Pursuant to the preceding findings of fact, the Mayor is authorized
to enter into an amendment of the original contract in the form attached as Exhibil
APPROVED by the Mayor and City Council of the City of Arlington this day of
UL�l 45d" 2012.
CITY OF ARLINGTON
LA
Barbara Tolbert, Mayor
ALk
K�.r`ist" Ban field, City CleK
St t , C torney
IKESOLUTION NO. 2012-017 2