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HomeMy WebLinkAboutContract 55600CSC No. 55600 00_52_43E SECTION 00 52 43E Emergency Agreement Page I of4 AGREEMENT FOR EMERGENCY FILTER MEDIA REPLACEMENT Tl-IlS AGREEMENT is made by and between the City of Fmth Worth, a Texas home rule municipality, acting by and through its duly authorized City Manager, ("City"), and Eagle Contracting L.P., authorized to do business in Texas, acting by and through its duly authorized representative, ("Contractor"). City and Contractor, in consideration of the mutual covenants hereinafter set fo1th, agree as follows: Article 1. WORK Contractor shall complete all Work as specified or indicated in the "Contract Documents" attached hereto or specifically referenced herein, for the Project identified below. Article 2. PROJECT The "Project" is generally described as follows: Remove existing granular filter media, residual solids and water from 11 automatic backwash (traveling bridge) type filters. Dispose of the material removed from the filters at the Village Creek Sludge Drying Beds. Procure and install granular filter media in the I 1 automatic backwash type filters and other incidental work as needed. The work is detailed in specification section 46_61_13. Article 3. CONTRACT TIME Time is of the essence. Contractor recognizes that time is of the essence. Contractor shall have a sense of urgency to complete this work as soon as possible. The subject filters are critical to plant operation. As such, the contract time to complete the work is 120 calendar days from notice to proceed. Contract time may be adjusted due to availability and lead time of new filter media. Article 4. CONTRACT PRICE City agrees to pay Contractor for perfonnance of the work to complete the Project an amount in current funds of Five Hundred Sixty-One Thousand, One Hundred Dollars ($561,100.00). Article 5. CONTRACT DOCUMENTS 5.1 CONTENTS: A.The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of the following: 1.This Agreement. 2.Attachments to this Agreement: a.Bid I)Proposal Form 2)Specification Section 46_61_13 - Filter Media b.Current Prevailing Wage Rate Table c.Evidence of CutTent Insurance d.Worker's Compensation Affidavit 3.General Conditions, as applicable, incorporated by reference. 4.Supplementary Conditions. CITY OF FORT WORTH Village Creel< Water Reclnmntion Facility Emergency Replacement of Filter Media 0o sz a3� Emergency Agreement Pagc 2 of 4 5. Documentation submitted by Contractor �prior to Notice of Award. The following which may be delivered or issued after the Effective Date of the Agreement and, if issued, become an incorporated pa�t of the Contract Documents: a. Notice to Proceed. b. Field Orders. c. Change Orders. d. Letter of Substantial Completion. e. I..etter of Finai Acceptance. Article 6. INDEMNIFICATION 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the city, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, em�loyees, subcontractors, licenses or invitees undei• this contract. This indemnification provision is speci�callv intended to operate and be effective even if it is alle�ed o►• nroven that all or some of the damages being sou�ht wei•e causeci, in �vhole or in part, bv any act, omission or ne�li�ence of the citv. This indemnity provision is intended to inciude, without limitation, indemnity for costs, expenses and Iegal fees incurred b,y the city in defending against such claims and causes of actions. 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city, its officers, servants and employces, fi•om and against any and all loss, damage or destruction of property of the city, arising out of, or alleged to arise aut of, the �vork aud services to be performed by the contractor, its officers, agents, employees, subcontractors, licensees or invitees undec this contract. This indemni6cation provisio�t is specilicallY intended to operate and be effective even if it is alleged or n�'oven that all or some of the dama�es bein� sought were caused, in whole or in nart, bv any act. omission or ne�li�ence of the city, Articte 7. MISCELLANEOUS 7.1 Tei•ms. Terms used in this Agreement which are defined in Article 1 of the Gene�•al Conditions will have the meanings indicated in the General Conditions. 7.2 Assignment of Contract. This Agreement, i►�cluding all of the Contract Documents may not be assigned by the Contractor without the advanced express written consent of the City. 7.3 Successors and Assigns. City and Contractor each binds itself, its partners, successors, assigns and legal representatives to tlie other party hereto, in respect to all covenants, agrcements and obligations contained in the Contract Documents. 7.4 SeverabilityMo Waiver. Any provision or part of the Contract Documents held to be unconstitutional, void or unenforceable by a cow-t of competent jurisdiction shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Ci"1'Y and CONTRACTOR. CI"fY OF FORT WORTH Villagc Crecle �Vater Reclematiou Fncility l:mcrgcncy Rcpi;�cemcnt of I�iltcr Medla 0o sz_asF Emergency Agreement Pagc 3 of 4 Failure by City or Contractor to enforce any provision of this Agreement shall not render that provision un-enforceable should there be a future breach. 7.5 Governing Law and Venue. T'his Agreement, inciuding all of the Contract Documents is performable in the State of "1'exas. Venue shall be Tarrant County, Texas, or the United States District Cou�t for the Noi-thern Distcict of `1'exas, Fort Worth Division. 7.6 Other Provisions. The Contractor a�cees to pay at least minimum wage per hour for all labor as the same is classified, promulgated and set out by the City, a copy of which is attached hereto and made a part hereof the same as if it were copied verbatim herein. 7.7 Authority to Sign. Contractor shall attach evidence of authority to sign Agreement, if other lhan duly authorized signatory of the Contractor. I2EMAINUER OF THIS PAGI; LF,FT BLANK INTTNTIONALLY G'PY OF FORT WORTH Vilingc Creeic �Vnter Recl�metion Fecility Gmergency Rcplacemcnt of Rilter 111cdid 00_52_43E Emergency Agreement Page 4 of 4 IN WITNESS WHEREOF, City and Contractor have executed this Agreement which is effective as of the last date signed by the City's Assistant City Manager ("Effective Date"). CONTRACTOR: EAGLE CONTRACTING L.P. CITY OF FORT WORTH By: ____________ _ (Signature) Title: Vice President Address: 5700 Park Vista Cir City/State/Zip: Fott Worth, TX 76244 P.O. Box 1600 Date , ,. By: Dana Burghdoff (Apr 19, 20 Dana Burghdoff Assistant City Manager Date Apr 19, 2021 Attest: �<)� City Secretary (Seal) M&C NIA (Attached 04/02/21 Emergency Memo) Date: NIA (Attached 04/02/21 Emergency Memo) DenaJohns7 Project Manager Approved as to Form and Legality: � DBlack (Apr 19, 202117:20 CDT) Douglas W. Black Sr. Assistant City Attorney APPROVAL RECOMMENDED ChYisfooherHarder Christopher Aarder (Apr 19, 2021 08:45 CDT) Christopher Harder, P.E. Director, Water Depaitment CITY OF FORT WORTH Village Creek Wntcr Rcclnmntion Facility Emergency Rcplncemcnt of Filter Media secnoN oo az as PROPOSALFORM UNIT PRICE BID Bidder's Application 110 i7 a3 e�o aeorosa n�.�dl Yrnjcct Itcm Infamation UiJdri s Prapnsal Pidlisf Spccifin�ion Unil of limi Ururipunn Seclimi Ro. Aleauue BiJ Qaan0ly Unil P�ic.• D1d \'�luc Ko n�a aummaq dift 811� Removal ol malerial, inciudingwastewater solids, and B-1 granular filler medialrom 11 filters. Transport and disposal 46_61_16 CY 1.600.00 $'�72.20 �2�5,52�.�� lo tha Villa a Creek slud e d in 6eds. Furnish and Inslall granular filter media for 11 filters, B�Z includin rocureme�l, delive , and installation. 46_61_13 CY 800 �350.65 $280,520.00 B-3 Mechanical cleaning of exisling slolled pipe underdrains. 46 61 13 LF 20,000.00 �0.25 $5,060.00 Oevelopment, design, and impleme�lalion of a lrench safely 8-4 syslem as required by OSHA and (or the assumplion of WA LS t $0.00 $0.00 res onsiblil (or said s slem. Total Base Bid $561,100.00 Inilial In tnnfinn tamplelinn of �rnrk williiu Ihe 60 Jar rmergrncy t[hednit ox ludica�e �he mm�Uer of aJJilional calrnJnr day� reyuireJ m 6O AJJitionnl JarT �omplel� Il�e \\'ork. Thia Bid ia offerod by: Bidder. Eagle Contracling L.P. (typed or pdnfed name o/organizafion) 9Y• v !� LNJ' /—J .� �.�ri J (irtdividual's siynature� Date 4-15-21 (dafe signed) Billy Haynes Name (fypad or pnntedJ Vice President Title: (typed or prrnfed) (1/ Bidder is a co alion, a Aneiship, or a joinl venfura. alfach evidence o/ aufhonly fo sign. J Altest: ' � . � Tille: Z Roy Ewen (Mdividual's signafure) (lyped or pnnted) exo or• secrw� ruwa� cn.� w.�.. R..i.�..n.n e.aiu, rm.,c�nr �aN•.•nMn� .� �ua� a�.�n. SECTION 46_61_13 FILTER MEDIA PART1 GENERAL 1.01 SUMMARY A. Section includes 1. Removal and disposal of the existing support gravel and filter media as specified in this Section. a. The existing media consisting of approximately 6 inches of anthracite, 5 inches of sand media, 7.25 inches of support gravel shall be removed from 11 automatic backwash (traveling bridge) type filters. The media removed shall be disposed of at the Village Creek Sludge Drying Beds. b. Each filter has an approximate area of 1,824 square feet. 2. Installation of new filter media (13 inches final depth) in each of the filters as specified in this Section. 1.02 DEFINITION A. Determination of particle size distribution: 1. Determine particle size distribution by screening through standard sieves, Tyler square root of 2 series or equivalent U.S. series. 2. Determine percent sizes from a plot, on semilog or probability paper, of the percentages of the material passing each sieve against the rated opening of the sieve or the equivalent diameter of the grains. Sieve dimensions shall conform to ASTM E11 and Table B.1 of the Appendix to AVWVA B100. 3. Define percent size as the size of the theoretical opening of a sieve through which that percentage of the filter media, by weight, will pass. For example, i the size distribution of the filter media particles is such that 10 percent of the sample is finer than 0.50 millimeters, the filter media shall be said to have a 10 percent size of 0.50 mitlimeters. 4. Define uniformity coefficient as the ratio of the 60 percent size to the 10 percent size of the filter media. 1.03 SUBMITTALS A. Submit the following with the bid proposal: 1. Sand quality information: a. Sieve analysis (particle size distribution), effective size, and uniformity coefficient. b. Specific gravity. c. Hardness based on the Mohs scale. d. Shape. 2. Any other information relevant to filter media specifications and product data. B. Samples: 1. Submit all samples and certified test results to the Owner not less than 5 days prior to shipment of the media from the point of manufacture. Page 1 of 7 Vlllage Creek Water Reclamation Facillty Emergency Replacement of Fllter Medla 46_61_13 — Fllter Medla 2. Submit a representative sample of each type and size of new filter material along with certified test results from an independent laboratory for approval before each shipment of inedia from the point of manufaciure. 3. Submit separate sets of samples from actual lots of material to be supplied to the Owner. 4. Quantities of samples: a. Sand: 1/2 cubic foot, sealed in a properly labeled container. C. Submit media installation instructions from the media supplier including washing and skimming requirements and procedures if different than those described in this section. 1.04 QUALITY ASSURANCE A. Perform certified material testing of new filter media by an Owner approved independent testing laboratory employed by the Contractor. B. Certified test results shatl cover all physical, gradation, size, and chemical characteristics specified in this Section. All tests shall be made in accordance with test procedures as described in AVWVA B100. C. After approvat, all shipments shall meet the Specifications. Approved samples shall meet the requirements of AW1NA B100 including any addenda. D. Perform field samples and testing in accordance with the requirements of AWWA B100. 1.05 PRODUCT HANDLING, STORAGE, AND DELIVERY A. Packaging: Package filter media in ultraviolet-resistant polyethylene bags (super sacks with bottom pour spout) on pallets. Clearly mark each bag of material with the following information: Effective size, uniformity coefficient, source, date of bagging, and the lot or stockpile identification. B. Store all filter media at the jobsite off the ground, protected from weather, and covered with a suitable membrane to prevent contamination of the media from windblown debris and soil. C. Conveying of the new filter media by compressed air through ducts, pipes, or hose is not be permitted. PART 2 PRODUCTS 2.01 FILTER SAND A. Quality: 1. Filter sand: a. Silica sand composed of hard, durable, uncoated grains. b. Thoroughly wash, screen, and free of clay, loam, dust, dirt, organic matter, and other foreign material from filter sand. 2. Acid solubility of the filter sand: Not to exceed 2.5 percent. 3. Specific gravity of the filter sand: Not to be less than 2.50. Page 2 of 7 Village Creek Water Reclamation Facillty Emergency Replacement of Filter Media 46 61_13 — Filter Media 4. Not more than 1 percent by weight of the filter sand shail be flat or micaceous particles. Define flat as a ratio of the longest axis to the shortest axis of the circumscribing rectangular prism for a particle of sand media that exceeds 5. B. Size: 1. The silica sand shall meet the following requirements: a. Effective (10 percent) size (millimeters) - 0.80 —1.2. b. Uniformity coefficient - less than 1.4 before and after skimming. 2. The unskimmed filter sand particle size distribution shall be within the limits presented on the media particle size distribution diagram included in this Section. Filter sand with a particle size distribution plot that is partially or completely outside the defined limits will be subject to rejection. 3. The installed filter sand shall be in compiiance witli the Specifications when, after hydraulic classification in place by backwashing and removal of the finer material by skimming, the media meets the physical, gradation and size characteristics specified in this Section. C. Excess media: 1. Provide sufficient excess sand media to anticipate media settlement, compaction during installation, and skimming requirements. 2. The final media depth after skimming, backwashing, and testing is complete shall be as specified. 2.02 SUPPLIERS A. Filter sand: One of the following or equal: 1. Unifilt Corp. 2. Northern Gravel Co. 3. RECOlndustries 4. The Parry Company 5. Lehigh Hanson 6. Texas Sand and Gravel PART 3 EXECUTION 3.01 FILTER MEDIA REMOVAL A. Remove existing gravel, sand, and anthracite from the filters. Methods used shall not damage the existing filter units, underdrains, cell dividers, washwater troughs, surface wash system, handrail, access ladders, level probes, nor any other structural, electrical, instrumentation, architectural, and mechanical appurtenances of the filters. B. All wastewater solids, water, and media removed from the filters shall be disposed of at the Village Creek Drying Beds located north of Green Oaks between Fielder and Davis as shown in the figure below. Page 3 of 7 Village Creek Water Reclamation Facility Emergency Replacement of Filter Media 46_61_13 — Filter Media C. Contractor shall provide sufficient equipment, manpower, and materials to compiete the removal and disposal operation within 30 days from NTP. Installation of new media may be completed for each filter individually and may begin immediately upon Owner confirmation of inedia removal and underdrain cleaning. Installation of new media in some filters in parallel with removal of inedia in others is acceptable. 3.02 FILTER MEDIA INSTALLATION A. Filter media washing: 1. Plant staff shali operate all filter backwash controls when washing the new filter media installed in the filter basins. 2. The Contractor is responsible for coordinating the scheduling of filter media washing through the Owner with plant operations. Plant operations shall govern scheduling the use of the backwash system. The Contractor is responsible for this coordination to avoid delays to his schedule. B. Before placing filter media: 1. Verify that all slotted pipe underdrains have been cleaned and that all slots are open and free of obstructions, and that the area around the filter underdrains is swept clean and vacuumed. 2. Remove all debris from filters. 3. Thoroughly wash down all parts of the filter units with clear water. 4. Maintain the cleanliness of the filters throughout the media placement operation. C. Prevent contamination during transporting and placing the filter media. Any filter media which has become contaminated, either before or after placement in the filters, shall be removed and replaced with new or washed and cleaned material in a manner approved by the Owner. Page 4 of 7 Village Creek Water Reclamation Facflity Emergency Replacement of Filter Media 46_61_13 — Filter Media D. Each layer of filter media shall be brought up to the required elevation and made level over the entire filter bed area. The placement of each layer of sand shall be accepted by the Owner before the next layer is piaced. E. Do not damage any equipment or piping in the filter units. F. Workers shall not stand or walk directiy on the filter materiais. The workers shall walk on plywood mats that wiil sustain their weight without displacing the material (minimum dimensions 4 feet by 4 feet by 1/2 inch thickness). G. The filter may be flooded with water to use as a leveling gauge for each layer of material. Coordinate with Owner and plant operations staff. H. Each media level shall be thoroughly washed, and have passed the specified in- place media tests before the next layer is placed. The media is considered to have passed these tests upon the Owner's acceptance of the test results. Place each layer evenly throughout the filter. Do not place in one area and then spread to the rest of the filter. Filter sand: 1. Before placing the sand, remove all plywood panels used by the construction personnel to walk on the media support system or on the filter media. Fill the filters to a water depth 12 to 15 inches above the surface of the filter media support system. The sand shall then be placed into the water in a uniform manner over the entire surface area of the filter. This may require hand placement of the initial layer of filter sand. a. Transport and place the sand carefully to prevent contamination of any sort, and replace sand made dirty before or after placing with clean sand. b. Any indication during sand placement that the underdrain has been displaced or damaged shall require the sand to be removed and the underdrain replaced in accordance with the underdrain manufacturers specific instructions for repairing damage. 2. The final depth of filter sand shall be 13 inches. 3. After placing the filter sand, backwash the filter at an initial rate of not more than 2 gallons per minute/square foot of filter area (approximately 3 inches per minute rate of rise), and increase the rate gradually over a period of 3 minutes to a maximum rate of 20 gallons per minute/square foot, (approximately 27 inches per minute rate of rise). Maintain this maximum rate for a minimum of 5 minutes. Close the filter backwash rate valve slowfy to allow for hydraulic media segregation. 4. Scrape the fine-grained materials from the top surFace to remove all material passing a No. 50 sieve (0.295 millimeters). Dispose of the sand particles removed by scraping. 5. After the scraping operation is finished, add additional filter sand as necessary to bring the top surface to the finished elevation. 6. Repeat steps 3 through 5 as necessary until a minimum of 1/2 inch of sand has been scraped and removed, and the filter sand is within the size limits specified, as determined by the testing specified in this Section, and no further discoloration of the backwash water occurs when backwashing the filter. Page 5 of 7 Village Creek Water Reclamatlon Facllity Emergency Replacement of Filter Media 46_61_13 — Filter Media 3.03 FIELD QUALITY CONTROL A. Tests: 1. Media with a particle size distribution not meeting the specified size and quality values will be subject to rejection and replacement with correct material at the Contractor's expense. 2. Conduct ali specified testing and furnish all material, instrumentation, and personnel for conducting tests as specified in this Section. Give the Owner sufficient advance notice of the testing to enable the Owner to witness the tests. 3. Do not place filter media in any filter basin before the Owner has reviewed the media's test results and completed a visual inspecfion of the media. Any media placed in the filter without the Owner's acceptance shall be subject to rejection. 4. Furnish an independent commercial testing laboratory, acceptable to the Owner, to sample, conduct, and certify the tests specified in this Section. B. Testing filter media: 1. Media manufacturer's testing: Furnish for the Owner's review and acceptance, certified laboratory tests of the new filter media including the filter sand proposed for the filters. These tests shall show the analysis of all specified physical characteristics, gradation, and size including acid solubility, shape, specific gravity, and sieve analysis tests. Make the tests upon samples obtained in accordance with the sampling procedures of A1NWA B100 which are representative of that proposed to furnish and place in the filters. The filter media shall not be shipped before the Owner has reviewed and accepted the manufacturer's test report of the media to be shipped. 2. Testing of new filter media stored on-site: All filter media is subject to gradation and retesting at the Owner's direction if visual evidence of contamination is observed or suspecfed. All media shall be predesignated for each filter and a� representative sample is gradation tested by the Contractor prior to placement in each filter basin. 3. Testing of installed filter sand: a. After completion of backwashing and skimming of the filter sand, 3 random samples selected by the Owner shal� be taken from each filter by the Contractor and shall be sieve analyzed for compliance with the Specifications. b. The Contractor's testing laboratory shall determine the percent by weight of the flat or micaceous sand media on a minimum of 3 randomly selected 1 gram (0.035 ounce) samples from each filter. The longest and shortest axis of the media particles shall be determined using calipers or a proportional divider. Suspected flat or micaceous particles can be checked by comparing the minimum thickness of the particle as measured at its approximate midpoint with the maximum length dimension. 3.04 CLEANING A. Backwashing: The Contractor shall utilize plant operators, in coordination with the Owner, to operate all filter controls. Page 6 of 7 Village Creek Water Reclamation Facility Emergency Replacement of Filter Media 46_61_13 — Filter Media B. Filter structure cleaning: Once all filter testing and s{cimming operations are completed, remove all debris and media from all backwash drain conduits, troughs, pipelines, and structures. END OF SECTION Page 7 of 7 Village Creek Water Reclamation Facility Emergency Replacement of Fiiter Media 46_61_13 — Filter Media II�'��ROFFICE 1VIEM0 Date: April 2, 2021 To: Uana Burghdoff, Assistant City Manager From: Chris Harder, P.E., Water Director Subject: Village Creek Water Reclamation Facility Filter Media Retnoval and Replacement - E►nergency Response "I'he winter storm that occurred the week of February 15''' damaged solids handling equipment, resulting in a solids process upset at the Village Creek Water Reclamation Facility. One treahnent process that was significantly impacted �was the traveling bridge effluent filters. During the upset, unusually high concentrations of solids from the final clarifiers t7owed into the U�aveling bridge tilters, rendering them inoperable. Maintenance staff has tried to super-chlorinate, backwash and clean these ftltcrs, but the amount of solids currently within the filter media make this impossible. It has been determined the best way to get tlle traveling bridge effluent filters back iilto opei•ation is to completely remove the existing mcdia that is inwidated by solids. New media will tlien be installed in the filtei• boxes. An engineer has been retained to prepare specifications for the removal and replacement of the filtering material of the U�avelling bridge filters. These specifications, estimated quaiitities, aild other tasks related to tl�e repair will becotne a bid proposal sheet which will be sent to several qualified contractors who have experience in filter rellabilitation projects. We expect to receive written bids and quickiy award a contract to the lowest responsible bidder to start the work immediately, with the goal of having the filters back on line within two months. In the meantime, the plant is functioning at a reduced capacity. Getti�ig these filters operational as quickly as possible is critical towards mee[ing rebulatory peruiits celated to both the effluent dischaiged fi�om the plant as well as the reclaimed water quality that is sent to retail and wholesale customers. Waiting to bid and award a design and construction contract to perform this work is not in tl�e best intei•est of the health and safety of the citizens of the City of Fo�rt Worth. Chapter 2, Article I, Section 2-9 of tlle City's Code of Ordinances and Section 252.022 of tlie Local Governmeilt Code exempts from noi•tnal bidding requirements expenditures that are necessary to presecve oi• protect public heallh or safety of the municipality's residents; and procw•ements necessary because of unforeseen damage to public machinery, equipment, or propeity. This memo is submitted to request authorization for emergency procuccment of engineecing and construction services to remove and replace the filtering material of the travelling bridge filters. It is estimated that the engineering and construction cosis associated with this emergency repair may cost approximately $420,000.00 (Engineering -$20,000.00, Construction -$400,000.00). A confirming M&C will be circulated to ratify the above activities after the wor(c has been performed. APPROVED FOR �MERGENCY PROCUREMFNT: ChrisPo�her N�/er Recommended: � � Chris IIarder, P. E. Water Director � Approved as to form and Leg�lity�: ' Approve: Approve: llouglas W. Blacic, Sr. Assistant City Attorney ��- Cynthia Garcia, Assistant Director Pw•chasing ��� �� ���� .��,n.� � , , i Dana Burghdoff, Assistant City Managei•