HomeMy WebLinkAboutContract 42205-A1 �ITYSECWARY
STATE F E NQ
COUNTIES OF TARRANT, §
D 1 TON,PARKER AND WISE
AMENDMENT TO CITE" SECRETARY
CONTRACT NO, 42205 WITH AUI CONTRACTORS, L
FOB;,.THE RIVERSIDE WASTEWATER TREAMENT PLANT DIGESTER SLUDGE
TREATMENT, OVAL AND DISPOSAL PROJECT AT GATEWAY PAR
THIS AMENDMENT is entered 'Into by and between the City of Fort Worth ("City "), a home-
rule municipality in the State of Texas,, acting through Fernando Costa, its duly authorized
Assistant City Manager, and AU1 Contractors, L C ("Contractor"), by and through B. Douglas
lun bau gh, its duly authorized President.
WHEREAS, the City and Contractor'. entered into that certain agreement identified as City
Secretary Contract No. 42205 for the Riverside Wastewater Treatment Plant Digester Sludge
Treatment, Removal and Disposal Project at Gateway Park(the"Contract"); and
WHEREAS, in addition to the sludge treatment, removal and disposal of the existing, eight
digesters at the Riverside Wastewater Treatment Plant, the Contract provided for the treatment of
a total of 600,000, gallons of wastewater which was based on a pilot study; d
WHEREAS, the City's consultants, Freese & Nicholls, Inc. have agreed as shown in Exhiblit A,
that the Contract underestimated the amount of wastewater found in the remaining digester
which needed to be treated and
WHEREAS, the Contractor r actually handled and disposed of approximately 4,4010,000
additional gallons of wastewater to complete the project,, and
WHEREAS, the established unit pricing, in the Contract did not address the increased sludge
handling equipment ent cost that resulted from the project delays created by the presence of the
larger volume of wastewater; and
WHEREAS, Freese & Nicholls has also determined that the Contractor had to maintain sludge
handling equipment onsite an additional 4.8 months as a result of the deviate ping impacts to the
efficiency of the planned operations and
WHEREAS, after months of negotiations, the City and the Contractor have agreed to increase
the Contract payment amount by X to resolve this issue and address the 'Impacts to the
contractor's planned sludge handling operations caused by the excessive water that was
encountered in the existing digesters; and.
WHEREAS, the City Council approved a contingency fund for this Contract in M&C -25090
which shall be used for the payment of the $256,491.00-, and
WHEREAS, the Contractor,has I 11pan uti n of this Amendment and payment of
the $256,149 1.0 , the Contractor er claims for the work performed for this
x
project.
CITY'SECRETARY
RECEIVEO DEC 17 VS FTn WORTH9 TX
NOW, THEREFORE, for and i n consideration of the mutual covenants contained herein, and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged and confessed,.,,the parties hereto agree as follows:
11 Section 8.: the last sentence of Section 8 shall be amended to read as follows:
...............
The agreed upon total Contract amount shall be $6,8014,863.75.
1101 Settlement of All Claims, and Release
Upon execution of this Amendment and payment by the City of the additional
$256,'491.00 to resolve this 'issue and address the 'Impacts to the Contractor's planned
sludge handling operations, caused by the excessive water that was encountered in the
existing digesters, Contractor agrees that all claims for the performance f'work on or
related to this project are settled. The Contractor hereby forever releases and
waives any other claim which the Contractor or the Contractor"s subcontractors
# fo demeet may have against the City for work perrmed unr or,related to, this p: .
Contractor agrees to provide in a timely manner, all documents, requested by the City
which the City reasonably deems necessary for the payment of the $256,491.00.
Contractor agrees that failure to provide such documents shall delay payment by the
City of the $256,491.00, until such time as the documents are properly submitted in
form acceptable to the City.
111. Other Terms and Conditions,
All other terms and conditions, of City Secretary Contract No. 42205 shall remain in
full force and effect.
Executed this /!jj "day of 2013.
CITY OF FORT WORTH AUI CONTRACTORS9 LLC
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D41 AluiAaug"tl
Fernando Costa mom P%
Assistant City Manager ident
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City Secre ry
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Assistani:Cit, AAI,,, rac
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH9 TX
1 101
M&C Review Pagel of2
Official site of the City of Fort Worth!,Texas
FORTWORTH
"O'ENDA
CITY COUNCIL AUA
COUNCIL ACTION.- Approved on 12/10/2013
DATE: 12/10/2013 REFERENCE **C-2,65�9101
N 0.: LOG NAME: 60DIGESTERREMOVAL
LIC
CODE: C TYPE, CONSE PUB
NT HEARING: NO,
SUBJECT,,- Authorize Execution of an Amendment to City Secretary Con-tract No. 42205 with AUl
Contractors, LLC, in the Amount of$2516,491.00 for the Riverside Wastewater Treatment
Plant Digester Sludge Treatment, Rem I oval and Disposal Project at Gateway Park, Thereby
Increasing the Total Contract Amount to $6,804,863.75 (COUNCIL DISTRICT 4),
RECOMMENDATION:
It is recommended that the City Council authorize the execution of an Amendment to, C,ity Secretary
LLC in the amount of$256 491.00 for the Riverside
Contract No. 42205 with AU1 Coina�
itrctors,
i
Wastewater Treatment Plant Digester Sludge Treatment, Removal and Disposal Project at Gateway
Park, thereby inicreasing the total contract amount to $6,804,86,3.75.
DISCUSSION.-
On August 2) 2013, (M&C, C-25090) the City Council approved Riverside Wastewater Treatment
Plant Diiigester Sludge Treatment, Removal and Disposal City Secretary Contract No. 42205. This
contract was for the removal of PCBs and heavy, metals, from eight digesters located at the former
Riverside Wastewater Treatment Plant ins Gateway Park. In addition to the sludge remova,l and
disposal operations, the contract provided for the treatment of a total of 600,000 gallons of
wastewater from the existing eight digesters. The City's consultant, Freese and Nichols, Ina.,
provided on-site management, during cleanup activities necessary to remove the sludge from the
digesters to meet regulatory requirements.
The conditions of the first digester was similar to what had been anticipated as a result of a pilot study.
Holwever, as AUI Contractors,: LLC (AUI),: began work on the second digester, it became apparent
that the amount of water being encountered was far beyond the amount anticipated by the pilot
study. Eventually, the source of the water in this digester was identified and
eliminated. Unfortunately, AUI continued to encounter h�ighily variablie amounts of water in several of
the remaining digesters, forcing AUI to adjust the dewatering and water handling operations to
compensate for the increase. Ultimately, approximately 4.4 million gallons, of additional wastewater
was, handled and disposed of. While the unit quantities in the contract for dewatering were increased
ins order to, cover the excessive amount of water, the established unit pricing did not address the
increased sludge handling equipment cost that resulted from the project delays created by the
presence of the larger volume of water.
It is Freese and Nichols and Staffs determination that AU I had to maintain the sludge handling
equipment one s,iite an additional 4.8 months as a result of the dewatering impacts to the efficiency of
the planned operations. Staff and the consultant have negotiated that the amount it should
compensate AU for the handling of the sludge due to the unanticipated excessive water is
$25,61491.00. AUI has agreed to this, amount.
This additional amount will be paid for out of the contingency fund as, approved by the original M&C,
C-25090., Execution and payment of this amount shall close out the contract and settle all claims by
A 'IM
This project is located in COUNCIL DISTRICT 4, Ml:apsco 3,31Y.
http://apps.cfwnet.org/councll_packet/`mc—review.,asp?ID,=191241&councildate-1'-),/1 0/2013 12/18/2013
M&C Review Page 2 ol,*2
FISCAL INFORMATION/ClERTIFICATION:
'The Financial Management Services Director certifies, that fun s are available in the current operating
budget, as appropriated, of the Water and Sewer Fund.
TO Fund]Account/Cen irs FROM Fund/Account/Centers
PE45 245100 0000000 $256,4911.00
........... ...... ..........
Submiitted1 for Cfty Manaqer's Off"Ic Fernando Costa (6122)
+ rii inti artrrant Head: S. Frank Crumb (81207)
Additional Information Contact:. Andrew T. Croniblerg (8207)
........... ...... ......
ATTACHMENTS
60RIVERSIDEWT'PAU�ICONTRACTORSMA�Pl.pdf
http-,//apps.cfwnet.org/counc*l iew.asip. 12/']8/20,13
1 _packet/rnc_....rev* ?ID=.l 924 1&counc*Idate—12/1.0/2013