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HomeMy WebLinkAbout~Master - Change Order deleting two pumps from WPC First Stage Trickling Filter Vertical Turbine Solids Handling Pumps Contract RESOLUTION NO. 14-268 RESOLUTION APPROVING CHANGE ORDER TO CONTRACT FOR WATER AND POLLUTION CONTROL FIRST STAGE TRICKLING FILTER VERTICAL TURBINE SOLIDS HANDLING PUMPS FOR THE CITY OF AMES,IOWA WHEREAS,on September 8,2009,Council awarded a contract to Flowserve Pump Division, Taneytown, Maryland, to provide four new vertical turbine pumps to replace the failing first stage trickling filter pumps, and a purchase order was issued September 18, 2009 for a total contract amount of$219,492 and a contractual delivery date of April 30, 2011; and, WHEREAS,the original delivery date was missed and the City agreed to extend the delivery date to June 30,2011, and the pumps were delivered by the revised date; however,to date only one Flowserve pump is installed; and, WHEREAS, that pump is only capable of achieving 90% of the specified design flow; a second Flowserve pump has been installed and pulled for modification or repair four times;two for bearing failures and two were attempts to modify the pump to achieve the specified flow; and, WHEREAS,to date,the City has made no payment to Flowserve pending resolution of issues with its pumps, and the manufacturer has twice modified the pumps in an attempt to achieve the required flow, without success; and, WHEREAS, staff gave it one last chance to perform by sending a pump back to the factory for a third rework to try to meet the required flow, and Flowserve has made changes to one pump and it is ready for shipment to the plant for installation and testing; and, WHEREAS, however, in a letter dated July 2, 2013, Flowserve proposed new terms to the contract that are not favorable to the City regarding payment and performance,and the manufacturer was told to hold the pump until further notice; and, WHEREAS, the City Attorney issued a letter to Flowserve on October 4, 2013, stating the City's dissatisfaction with the situation and proposing an amicable resolution to the contract; and, WHEREAS,to summarize,the City's offer was to purchase the one pump that is in place and operating at 90% flow for 90% of its bid price, and the City would also purchase the second modified pump currently at the factory because it is needed until replacement pumps are delivered from a different vendor; and, WHEREAS, Council awarded the contract for the replacement pumps in January 2014,and the remaining two pumps from Flowserve would be deleted from the contract; and, WHEREAS, staff is seeking approval from Council for a change order to the contract with Flowserve; and, WHEREAS, the negotiated resolution would eliminate two of the four pumps from the contract, and the price for the third pump performing at 90% would be reduced to 90% of the bid price; and, WHEREAS,the price for the fourth pump would be at 100%of the bid price,with a portion payable prior to shipment and the balance payable within 30 days of delivery. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ames, Iowa, that a change order to the Flowserve contract deleting two pumps from the contract and accepting modifications to the contract terms and conditions as negotiated by the City Attorney is hereby approved. ADOPTED THIS 13th day of May, 2014. -14441-0 A. Diane R. Voss, City Clerk Ann H. Campbell, Mayor Introduced by: Goodman Seconded by: Corrieri Voting aye: Betcher, Corrieri, Gartin, Goodman,Nelson, Orazem Voting nay: None Absent: None Resolution declared adopted and signed by the Mayor this 131h day of May, 2014.