HomeMy WebLinkAboutContract 56669 CSC No.56669
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Agreement
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SECTION 00 52 43
AGREEMENT FOR EMERGENCY PROCUREMENT OF
THICKENING EQUIPMENT AT VCWRF
THIS AGREEMENT is made by and between The City of Fort Worth, a Texas home rule municipality
acting by and through its duly authorized City Manager, ("City"), and Synagro of Texas CDR, Ine. a
corporation 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 forth, agree as
follows:
Article 1.WORK
Contractor shall provide and operate temporary thickening equipment, including the necessary chemicals and
piping, to supplement the existing system and increase the primary solids thickening capacity at the Village
Creek Wastewater Reclamation Facility,the"Work".
Article 2.PROJECT SUMMARY
The existing VCWRF thickening equipment is insufficient to remove the needed amount of primary solids in
the wastewater processing system. This emergency contract tasks Contractor with procuring and operating
additional thickening equipment and providing the necessary chemicals and piping that will be temporarily
set up at VCWRF to increase the primary solids thickening capacity. There is an on-going project to
construct a new primary solids thickening facility (CSC 54148). When the thickening improvements project
is substantially complete and functional,the temporary thickening equipment shall be decommissioned.
The recommended action is for Contractor to rent temporary thickening equipment and return same when
decommissioned.
Article 3. CONTRACT TIME
Titne is of the essence.
Contractor recognizes that time is of the essence, and the Contractor will be required to deliver, operate and
maintain the equipment on the site until it is no longer needed. The City expects the Contractor to have a
sense of urgency to procure and bring the equipment online and provide the necessary chemicals for
thickening.
Article 4. CONTRACT PRICE
City agrees to pay Contractor for performance of the Work, based on Contractor's invoices, an amount up to
eight Hundred and Fifty Thousand Dollars ($850 000.00) This figure may be adjusted up or down as final
invoices are received.
Article 5. CONTRACT DOCUMENTS
5.1 CONTENTS:
The Contract Documents which comprise the entire agreement between City and Contractor
concerning the Work consist of the following:
1. This Agreement. OFFICIAL RECORD
Emergency Agreement—Emergency Procurement ofThickening Equipment at VCWRF(10/21) CITY SECRETARY
FT. WORTH, TX
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2. Exhibits to this Agreement:
a. Evidence of Current Insurance
b. Current Prevailing Wage Rate Table
3. General Conditions incorporated by reference
Article G.INDEMN] ICATION
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, employees, subcontractors, licenses or invitees under this contract. This indemnification
provision is specifically intended to operate and be effective even if it is alleged or proven that all
or some of the damages being sought were caused, in whole or in part, by any act, omission or
negligence of the city. This indemnity provision is intended to include, without limitation,
indemnity for costs, expenses and legal fees incurred by 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 employees, from and against any and all loss, damage or destruction of
property of the city, arising out of, or alleged to arise out of, the work and services to be
performed by the contractor, its officers, agents, employees, subcontractors, licensees or invitees
under this contract. This indemnification provision is specifically intended to operate and be
effective even if it is alleged or proven that all or some of the damages being sought were caused,
in whole or in part,by any act,omission or negligence of the city.
Article 7.MISCELLANEOUS
7.1 Terms.
Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the
meanings indicated in the General Conditions.
7.2 Assignment of Contract.
This Agreement, including 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 the
other party hereto, in respect to all covenants, agreements and obligations contained in the Contract
Documents.
7.4 Severability.
Any provision or part of the Contract Documents held to be unconstitutional,void or unenforceable by
a court of competent jurisdiction sliall be deemed stricken, and all remaining provisions sliall continue
to be valid and binding upon CITY and CONTRACTOR.
Emergency Agreement—Emergency Procurement of Thickening Equipment at VCWRF(10/21)
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7.5 Governing Law and Venue.
This Agreement, including all of the Contract Documents is performable in the State of Texas. Venue
shall be Tarrant County, Texas, or the United States District Court for the Northern District of Texas,
Fort Worth Division.
7.6 Other Provisions.
7.6.1 City Wage Rate. The Contractor agrees to pay at least minimum wage per hour for all labor
as the same is classified,promulgated and set out by the City.
7.6.2 Non-appropriation of Funds. In the event no Rinds or insufficient funds are appropriated by
City in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence
and this Agreement shall terminate on the last day of the fiscal period for which appropriations were
received without penalty or expense to City of any kind whatsoever, except as to the portions of the
payments herein agreed upon for which funds have been appropriated.
7.6.3 Prohibition On Contracts With Companies Boycotting Israel. Contractor, unless a sole
proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if
Contractor has 10 or more full time-employees and the contract value is $100,000 or more, the City is
prohibited from entering into a contract with a company for goods or services unless the contract
contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not
boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have
the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing
this contract,Contractor certifies that Contractor's signature provides written verification to the
City that if Chapter 2271, Texas Government Code applies, Contractor: (1) does not boycott
Israel; and (2)will not boycott Israel dru•ing the term of the contract.
7.6.4 Prohibition on Boycotting Energy Companies. Contractor acknowledges that in accordance
with Chapter 2274 of the Texas Government Code-(as added by Acts 2021, 87th Leg., R.S., S.B. 13, §
2), the City is prohibited from entering into a contract for goods or services that has a value of
$100,000 or more,which will be paid wholly or partly from public fiords of the City, with a company
(with 10 or more full-time employees) unless the contract contains a written verification from the
company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies
during the term of the contract. The terms "boycott energy company" and "company" have the
meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts
2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274 of the Government Code is
applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's
signature provides written verification to the City that Contractor: (1) does not boycott energy
companies; and (2)will not boycott energy companies during the term of this Agreement.
Emergency Agreement—Emergency Procurement of Thickening Equipment at VCWRF(10/21)
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7.6.5 Prohibition on Discrimination Against Firearm and Ammunition Industries. Contractor
acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code (as
added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the City is prohibited fi•om entering into a contract
for goods or services that has a value of$100,000 or more which will be paid wholly or partly from
public funds of the City, with a company (with 10 or more full-time employees) unless the contract
contains a written verification from the company that it: (1) does not have a practice, policy, guidance,
or directive that discriminates against a firearm entity or firearm trade association; and (2) will not
discriminate during the term of the contract against a firearm entity or firearm trade association. The
terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to
those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S.,
S.B. 19, § 1). To the extent that Chapter 2274 of the Government Code is applicable to this
Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides
written verification to the City that Contractor: (1) does not have a practice, policy, guidance, or
directive that discriminates against a firearm entity or firearm trade association; and (2) will not
discriminate against a firearm entity or firearm trade association during the term of this
Agreement.
7.6.6 Immigration Nationality Act. Contractor shall verify the identity and employment eligibility
of its employees who perform work under this Agreement, including completing the Employment
Eligibility Verification Form (1-9). Upon request by City, Contractor shall provide City with copies of
all I-9 forms and supporting eligibility documentation for each employee who performs work under
this Agreement. Contractor shall adhere to all Federal and State laws as well as establish appropriate
procedures and controls so that no services will be performed by any Contractor employee who is not
legally eligible to perform such services. CONTRACTOR SHALL INDEMNIFY CITY AND
HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO
VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S
EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to
Contractor, shall have the right to immediately terminate this Agreement for violations of this
provision by Contractor.
7.7 Authority to Sign.
Contractor shall attach evidence of authority to sign Agreement, if other than duly authorized signatory
of the Contractor.
SIGNATURE PAGE AND ANY ATTACHMENTS/EXHIBITS TO FOLLOW
Emergency Agreement—Emergency Procurement of Thickening Equipment at VCWRF(10/21)
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IN WITNESS WHEREOF, City and Contractor have each executed this Agreement to be effective as of the
date subscribed by the City's designated Assistant City Manager("Effective Date").
Contractor: City of Fort Worth
Synagro of Texas CDR, Inc.
r.a� s, 1
Name: Eliz betli Grant Dana Burghdoff
Title: Assistant Secretary Assistant City Manager
Date: 10/29/2021 Date Nov 15,2021
Address: Attest: a�F°FORT 12
435 Williams Court, Suite 100 4y O°° .k0�
Baltimore, ��►o o
00"o 0"
0 0
Ronald P. Gonzales, �O o ,
0
Acting City Secretary d ° ,d
°00000°o a
(Seal) ��*XAsa�p
APPROVAL RECOMMENDED: Approved as to Form and Legality:
2Z,4 � ��l, 019-S
Christopher H a rd (Nov 3,202108:36 CDT)
DBlack(Nov 11,202109:44 CST)
Chris Harder,P.E. Douglas W.Black
Director, Water Department Senior Assistant City Attorney
M&C N/A-see Attached 10/21/21 Emergency Memo
Date N/A
Form 1295 N/A
CONTRACT COMPLIANCE MANAGER:
By signing, I acknowledge that I am the person responsible
for the monitoring and administration of this contract,
including ensuring all performance and reporting requirements,
s it-
Tony Sholola,P. E.
Assistant Director
OFFICIAL RECORD
Emergency Agreement—Emergency Procurement of Thickening Equipment at VCWRF(]0/21) CITY SECRETARY
FT. WORTH, TX
INTEROFFICE MEMORANDUM
DATE; October 21,2021
TO: Dana Burghdoff,Assistant City Manager
Doug Black,Sr.Assistant City Attorney
FROM: Chris Harder,P.E.,Water Director
RE: EMERGENCY RENTAL OF THICKENING EQUIPMENT
The Water Plant Operations Division requests approval for an emergency expenditure to procure
temporary primary sludge thickening equipment.
The Village Creel(Water Reclamation Facilities(VCWRF)has four(4)Gravity Thickeners that are used to
thicken solids from the primary treatment area. In May 2020,Gravity Thickener#1 was taken out of
service due to equipment failure. It had reached the and of Its useful life and was not scheduled for
replacement. There Is a thickening Improvements construction project underway at VCWRF which will
replace all of the Gravity Thickeners with new Rotary Drum Thickeners(RDTs).
Since the loss of Gravity Thickener 111,It has become apparent that the remaining VCWRF equipment is
not adequate to remove the Increasing amount of primary solids. When the solids are not removed
effectively,it creates a domino effect and they will overload the secondary treatment area. These
additional solids In the secondary treatment area create more mass In the aeration basins and the final
clarifiers. This additional mass Interferes with the healthy biologlcaI'process that is needed to remove .
ammonia from the wastewater. Ammonia removal is critical to meeting the TCEQ permit.The increased
solids contributed to the damage to the Traveling Bridge Filters that occurred during the freezing
weather In February 2021.
VCWRF staff have worked diligently to find options to remove the excess solids but with the current
equipment,are unable to accomplish this. Staff has located additional thickening equipment that can
be temporarily setup at VCWRF to Increase the primary solids thlckening capacity.
The cost estimate for 24/7 rental and operation of the thickening equipment Includes mobilization,
demobilization,chemicals,pumps and piping. Once the Thickening Improvements Project is
substantially complete,the rented thickening equipment would not be needed. The Thickening
Improvements Project Is currently scheduled to be substantially complete in February/March 2022.The
cost estimate for five(5)months of temporary thickening equipment and chemicals is$850,000. This is
an unbudgeted expenditure. The expenditure will be charged to 56001-0705006-5442101.
If you have any additional questions,please contact me at(817)392-5020 orJulla Hunt at(817)392-
4955.
APPROVED FOR EMERGENCY PROCUREMENT;
Recommended:
Chris Harder,PZ,Water Director
Approved As To Form and Legality: ooluk(ooa,a,�o,�
Douglas W. Black,Sr.Assistant City Attorney
Approve:
Cynthia Ga a,Assistant Director,Purchasing
Approve: Dons Duf(hdoll(Oct]S,7a .51 CDT
Dana eurghdoff,Assistant City Manager
435 N\/illinuis Court,Suite 100 ��NArZRO
Baltimore,ND 21220 synngro.com
OCTOBER 13,2021
Mr.John Logan,RE,
Engineering Manager
City of Forth Worth Plant Operations Division
john.Logan@fothvotthtex,as.com
forhvorthtexas.com
Re: Rental of Gravity Belt Thickener,Polymer System and Polymer Proposal
Dear Mr,Logan:
Synagro of Texas CDR,Inc.(Synagro)Is pleased to submit pricing to the City of Fort Worth for the following
options:
1. Monthly Rental of 3M Gravity Belt Thickener (GBT) and Ancillary Equipment to include pumps,
polymer system and Frac Tank.
2. Mobilization of GBT and Ancillary Equipment
3. Polymer Purchase
4. Operation of GBT and Associated Equipment
Scope of Work
Synagro will mobilize equipment to the Village Creels Water Reclamation Facility (VCWRF) and provide set
up in the area adjacent to the blend tank.Synagro will provide operation of the GBT and associated equipment
or train VCWRF staff in operating the equipment.Hours of operation are expected to be Monday to Friday
with 11 operational hours each day, Synagro can provide the polymer that yielded the best performance during
bench tests at our dewatering lab in Baltimore,Maryland.
Assumptions
1. Synagro can provide the following based on VCWRF needs:
a. One 3M GBT including frac tank,feed pump,discharge pump,and required piping.
b. One Polymer System appropriately sized for the GBT.
c. Mobilization,set up,and demobilization of equipment.
d. Operations of GBT and associated equipment or training of VCWRF staff.
e. Polymer Synagro 2010.
f. Forldift for set up and polymer handling—assumes Synagro is on-site cleaning digesters.
2. City of Fort Worth will provide the following:
a. Operation of the GBT and associated equipment if selected.
b. Staging area adjacent to the blend tank.
c. Electricity and connection to 480 volt three phase 150 amp service.
d. Process water.
e. Filtrate discharge point within 100 feet of GBT.
E. Mechanical connection to primary biosolids feed source.
g. Continuous flow of primary blosollds averaging 1.5%solids.
3. Services to be provided 7:00 am to 6:00 pm,Monday through Friday.
C y of Vort Worth
October 13,2021
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Note: Deviations froin these assumptions which result in higher costs to Synagro will entitle Synagro
to additional compensation to be set forth in a change order.
Pricin
Service Option Unit Price
G13T and Ancillary Equipment $33,036 per Month
Rental-Synagro Operates
GBT and Ancillary Equipment $17,200 per Month
Rental—VCWRF Staff Operates
Mobilization and Demobilization $62,338 One Time Fee
I
Equipment Operator Training $4,179 One Time Fee
I
Polymer Purchase Cost plus 15% `
ote: Minimum two-month rental requited.
Our proposal is delivered in good faith,and we are prepared to enter into a mutually acceptable agreement j
for providing proposed rental and service.Pricing may vary until the final agreement terms and conditions
are negotiated.
We appreciate the opportunity to submit this pricing and look forward to providing service or equipment to
VCWRR Should you have any questions,please contact me at 256-565-9368 or tharderoad@s�Lgro com.
Warm regards, 1 {
74-Wa I
Toby Hartieroad
Area Director
TH:ltw
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YOUR PARTNER FORA CLEANER,GREENER WORLD
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2013 PREVAILING WAGE RATES
(Heavy and Highway Construction Projects)
CLASSIFICATION DESCRIPTION Wage Rate
Asphalt Distributor operator $ 15,32
Asphalt Paving Machine Operator $ 13.99
Asphalt Raker $ 12.69
Broom or Sweeper Operator $ 1174
Concrete Finisher,Paving and Structures $ 14.12
Concrete Pavement Finishing Machine Operator $ 16.05
Concrete Saw Operator $ 14.48
Crane Operator,Hydraulic 80 tons or less $ 18.12
Crane Operator,Lattice Boom 80 Tons or Less $ 17.27
Crane Operator,Lattice Boom Over 80 Tons $ 20.52
Crawler Tractor Operator $ 14.07
Electrician
$ 19,80
Excavator Operator,50,000 pounds or less $ 17.19
Excavator Operator,Over 50,000 pounds $ 16.99
Flagger $ 10.06
Form Builder/Setter,Structures $ 13,84
Form Setter,Paving&Curb $ 13.16
Foundation Drill Operator,Crawler Mounted $ 17.99
Foundation Drill Operator,Truck Mounted $ 21.07
Front End Loader Operator,3 CY or Less $ 13.69
Front End Loader Operator,over 3 CY $ 14.72
Laborer,Common $ 10.72
Laborer,Utility $ 12 32
Loader/Backhoe Operator $ 1 .32
18
Mechanic $ 17.68
Milling Machine Operator $ 14.32
Motor Grader Operator,Fine Grade $ 1719
Motor Grader Operator,Rough $ 16.02
Off Road Hauler $ 12.25
Pavement Marking Machine Operator $ 13.63
Plpelayer $ 13.24
Reclaimer/Pulverizer Operator $ 11.01
Reinforcing Steel Worker $ 16.18
Roller Operator,Asphalt $ 13.08
Roller Operator,Other $ 1151
Scraper Operator $ 12 96
Servlcer $ 14.58
Small Slipform Machine Operator $ 15,96
Spreader Box Operator $ 14.73
96
Truck Driver Lowboy-Float $ 16.24
Truck Driver Transit-Mix
$ 14.14
Truck Driver,Single Axle $ 12.31
Truck Driver,Single or Tandem Axle Dump Truck $ 12.62
Truck Driver,Tandem Axle Tractor with Semi Trailer $ 12.86
Welder $ 14.84
Work Zone Barricade Servlcer $ 11.68
The Davis-Bacon Act prevailing wage rates shown for Heavy and Highway construction projects were determined by
the United States Department of Labor and current as of September 2013. The titles and descriptions for the
classifications listed are detailed In the AGC of Texas'Standard Job Classifications and Descriptions for Highway,
Heavy,Utilities,and Industrial Construction in Texas.
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