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STATE OF TEXAS § CONTRACT NO. 41540-hl
COUNTIES OF TARRANT, §
DENTON,PARKER AND WISE §
AMENDMENT TO CITY SECRETARY
CONTRACT NO. 41540 WITH FREESE AND NICHOLS, INC.FOR THE
ENVIRONMENTAL AND ENGINEERING MANAGEMENT SERVICES FOR THE
FORMER RIVERSIDE WASTEWATER TREATMENT PLANT CLOSURE
THIS CONTRACT AMENDMENT is entered into by and between the City of Fort Worth
("City"), a home-rule municipality in the State of Texas, acting through Jay Chapa, its duly
authorized Assistant City Manager, and Freese and Nichols, Inc., ("Contractor"), by and through
Robert W. Chambers, its duly authorized Vice President.
WHEREAS,: the City and Contractor, entered into that certain agreement identified as City
Secretary Contract No.41450 for a term beginning October 16,2018 and ending December 31,2019;
and
WHEREAS,: the contract involves engineering management services for the Former Riverside
Wastewater Treatment Plant closure; and
WHEREAS,;it has become necessary to execute Amendment No. 1 to the CONTRACT to include
an increased scope of work and revised fee.
WHEREAS,both parties agree to amend the Contract as provided herein.
NOW,THEREFORE,for and in 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:
Section I:The CONTRACT is amended to include continued environmental and engineering
consultant services specified in a proposal dated July 1,2018,a copy of which is attached hereto and
incorporated herein. The cost to the City for the additional consulting services to be performed for a
cost of$352,046.00.
Section II: The CONTRACT is amended to provide for an increase in the total costs to be
paid for consultant services performed under the Contract,as amended,so that the total fee paid by
the City for all work and services shall not exceed the amount of$2,364,386.00.
Section III: All other terms and conditions of City Secretary Contract No.41450 remain in full
force and effect.
SVCFNED
FEB -1 2019 -1- OFFICIAL RECORID
CIN OF FORT WORTH CITY SECRETARY
CN SECRETARY F7. WORTH,TX
Executed this 11th day of January, 2019.
CITY OF FORT WORTH CONTRACTOR
BY:
Jay Chapa- Robea'V'V'. Clambers
Assistant City Manager Vice President
ATTEST: WITNESS:
lvfary Kayser
City Secretary
Recommended By: ......
M&C: C-aaM 10I411Z
...........
1295: awtALU-75
Christopher P. Harder, P.E.
City of Fort Worth Water Director
APPROVED AS TO FORM CORPORATE SEAL:
AND LEGALITY:
L tv
Christa A. Lopez-Rey olds (3
Senior Assistant City Attorney
-2- OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
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.
Nam a Employee
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Title'
OFFICIAL RECORD
-3- CITY SECRETARY
FT. WORTH,TX
outstandingcical results
rMAICHOLS
4055 International Plaza, Suite 200 • Fort Worth,Texas 76109 • 817-735-7300 www.freese.com
July 1, 2018
Ms. Stacy Walters
Regulatory/Environmental Coordinator
Fort Worth Water Department
200 Texas Street
Fort Worth,Texas 76102
RE: Contract Amendment for Continued Environmental and Engineering Consulting Services,
Former Riverside Wastewater Treatment Plant Closure Project
Dear Ms. Walters:
Freese and Nichols, Inc. is pleased to present this proposed contract amendment for continued
environmental and engineering consulting services for the completion of Phase 2 for the former
Riverside Wastewater Treatment Plant Closure Project. Phase 2 included the cleanup of the PCB
contaminated sludge in the digesters and lagoons and the demolition of relic structures for the
Trinity River Vision Oxbow Project at Gateway Park. The completion of Phase 2 of this project is
necessary to meet State and Federal regulatory requirements.
2011 CONTRACT FOR CONTINUED ENVIRONMENTAL AND ENGINEERING CONSULTING
SERVICES
The current contract for Phase 2 of the former Riverside Wastewater Treatment Plant Closure
Project was approved and executed by the City Council on February 15, 2011. The contract is
comprised of three phases of work, as listed and described in detail below:
• Cleanup Management Services for Removal of Sludge from Eight Digesters—This phase
consisted of the preparation and execution of a construction package for the removal of
residual sludge and demolition of the remaining eight digesters on the site.All contracted
work items were completed in March 2013. Additional scope items were completed as
part of this phase of the project as discussed in the next section.
• Preparation of an Ecological Risk Assessment and Revised Affected Property
Assessment Report—This phase of the project consisted of the preparation and submittal
of a Tier 2 Screening Level Ecological Risk Assessment, affected property assessment
activities,submittal of a revised APAR to the TCEQ,and quarterly groundwater monitoring
activities through December 2010. All contracted work items were completed with the
approval of the Tier 2 Screening Level Ecological Risk Assessment in February 2011 and
submittal of the Revised Affected Property Assessment report to the TCEQ in May 2013.
Freese and Nichols has continued to conduct quarterly groundwater monitoring events
at the site since 2010. Other additional scope items were also completed as part of this
phase of the project as discussed in the next section.
Ms. Stacy Walters —EF— , • r t
July 1, 2018
Page 2 of 4
• Design and Cleanup Management Services for Response Action in Sector 1 (Former
Plant Area) and Sector 2 (Former Lagoon Area) — This phase consisted of evaluating
response action alternatives for the former lagoon area (Sector 2), survey and design of
the selected response action alternative, preparation and submittal of a Response Action
Plan to the TCEQ and Self-Implementing PCB Cleanup and Disposal notice to the EPA, and
bid and construction phase services for the demolition of relic structures in Sector 1 and
excavation and disposal of PCB-impacted soils from Sector 2, which is currently in
progress. Freese and Nichols has submitted a Certificate of Completion request to the
TCEQ for Sector 1 (Former Plant Area). A Response Action Completion Report and
Certificate of Completion documentation for Sector 2 will be submitted to the TCEQ upon
the completion of the response action in Sector 2(Former Lagoon Area).Additional scope
items were completed as part of this phase of the project as discussed in the next section.
2018 PROPOSED CONTRACT AMENDMENT
During the execution of this project, Freese and Nichols conducted additional services not
enumerated in the contracted Scope of Services to keep the project moving toward completion.
The costs associated with these services has exceeded the current contracted amount. Freese
and Nichols is proposing a contract amendment to cover the following additional services and
additional work items that will be necessary to complete the project that were not part of the
original scope of services.
Cleanup Management Services for Removal of Sludge from Eight Digesters
The following additional scope items were completed as part of this phase of the project:
• Additional Confirmation Sampling Conducted for AUI Contractors–At the completion of
the contract with AUI Contractors, there was limited funding available for additional
confirmation samples necessary to document the completion of waste removal activities
in the former digesters. Freese and Nichols paid for $31,194 in laboratory costs for
samples collected by AUI Contractors as part of the digester project.
Total costs for these additional scope items were $31,194.
Preparation of an Ecological Risk Assessment and Revised Affected Property Assessment Report
The following additional scope items were completed as part of this phase of the project:
• Quarterly Groundwater Monitoring Services from 2011 to 2018–Freese and Nichols has
provided continued quarterly groundwater monitoring services at the site since 2011.
This resulted in $119,145 in additional laboratory costs,$67,070 in additional labor costs,
and $5,436 in additional expense costs not originally contracted.
• Arsenic in Groundwater Investigation along the West Fork Trinity River–At the request
of the TCEQ,Freese and Nichols conducted a detailed arsenic investigation along the West
Fork Trinity River including the installation of several deep(approximately 50 feet in total
Ms. Stacy Walters
July 1, 2018
Page 3 of 4
depth)soil borings and data collection and analysis for arsenic in sediment along the river
as reported by the USGS. This resulted in $8,350 in drilling costs, $2,118 in additional
laboratory costs and $3,478 in additional labor costs not originally contracted.
• Waste Removal for Investigation Derived Waste from Phase 1 and 2 Activities—Following
the completion of affected property assessment and groundwater monitoring activities
prior to 2011, several drums of investigation derived waste were stored in the former
plant area. These drums were disposed of before the kickoff of the Digester Sludge
Removal, Treatment, and Disposal Project in Sector 1. Waste disposal fees of $26,693
were paid to a third-party waste contractor.
• Annual Post-Response Action Care Reports for Sector 4 Since 2007— Freese and Nichols
has conducted and submitted an annual post-response action care report to the TCEQ for
Sector 4 in the last quarter of the year since 2007. These annual site visits and reporting
resulted in $8,020 in additional labor costs.
Total costs for these additional scope items were $240,310.
Design and Cleanup Management Services for Response Action in Sector 1 (Former Plant Area)
and Sector 2(Former Lagoon Area)
The following additional scope items were completed as part of this phase of the project:
• Historical Commission Documentation of Relic Plant Structures—Prior to the demolition
of relic plant structures in Sector 1, Freese and Nichols subcontracted the survey and
documentation of the historical plant structures for the Texas Historical Commission.The
Texas Historical Commission (THC) concurred with the demolition of the former plant
structures. This resulted in a total fee of $12,962 for the historical documentation and
consultation with THC.
• Tree Surveys for Response Action in Sector 2—In accordance with the City of Fort Worth
Urban Forestry ordinance, Freese and Nichols' certified arborist conducted tree surveys
of the perimeter of Sector 1(Former Plant Area)and the proposed haul route for the Plant
Demolition and Sludge Lagoons Excavation and Disposal Project as well as the relocation
of the Oncor distribution line in Lagoon 1. Freese and Nichols prepared an urban forestry
permit and conducted site visits with City of Fort Worth staff to meet Urban Forestry and
Parks and Recreation Department requirements. The tree surveys resulted in an
additional $33,325 in labor costs.
• Preparation of a Request for Certificate of Completion for Sector 1— Freese and Nichols
originally scoped to receive a certification of completion for the entire affected property
site with the submittal of a Final Revised Affected Property Assessment Report and a
Response Action Completion Report for the entire site at the completion of response
action activities in Sector 2. Due to the extended schedule of the project and the pending
Trinity River Vision Oxbow Project, a Request for Certificate of Completion was submitted
for Sector 1 was submitted as a standalone document to the TCEQ for review and
Ms. Stacy Walters r
July 1, 2018
Page 4 of 4
approval. This effort included preparation of a draft request, conference calls and draft
review with the TCEQ, and submittal of the final request to the TCEQ. This resulted in
additional labor costs of$34,255.
Total costs for these additional scope items were$80,542.
Total costs for additional scope items from all three phases of the contract were approximately
$352,046. Freese and Nichols is requesting a contract amendment in the amount of$352,046
to cover services provided to the City under this contract, as described above. This proposed
contract amendment will cover expenses already incurred by Freese and Nichols since October
2017 and the following remaining tasks to complete closure of the Riverside Wastewater
Treatment Plant Closure Project:
1. Attend up to six meetings with the City to discuss project updates.
2. Prepare a response action completion report (RACR) for Sector 2 in the format required
by TRRP and submit to the TCEQ for approval. Prepare certificate of completion
documentation required by TCEQ including boundary survey.
3. Prepare a revised Affected Property Assessment Report to close the Voluntary Cleanup
Project with the TCEQ.
4. Conduct quarterly groundwater monitoring for the remainder of 2018 and quarterly in
2019 until the TCEQ approves the Affected Property Assessment for the site.
5. Establish a Municipal Setting Designation, if necessary,for the site to address the TCEQ's
concerns for arsenic in groundwater if not resolved in the Affected Property Assessment
Report.
We anticipate that the work for this project will be completed by December 2019.
If you have any questions on the scope or budget, please feel free to contact me at 817-735-
7332.
Sincerely,
FREESE AND NICHOLS, INC.
*�'4 )6 ,�1 .
Kimberly Buckley, P.G. Robert W. Chambers, P.G.
Project Manager Principal
CITY OF FORT WORTH
AMENDMENT, CHANGE ORDER or EXTRA WORK
CONTRACT COMPLIANCE MEMORANDUM
THIS FORM MUST BE ATTACHED TO THE ROUTING "M& C" BEFORE LAW
DEPARTMENT AND CITY MANAGER APPROVAL.
To: Stacy Walters
(underline appropriate one) Project Manager Buyer Department Director
From: Melani Valle 2675
MMBE Office Staff Extension
Date: August 21, 2018
In the Amount of$352,046.00 41540
Contract
Project/Bid: Amendment 1 —Construction Management for the
Riverside WTP Digester Sludge Treatment at Gateway Park
1. Compliance with the City's Business Diversity Enterprise(BDE)Ordinance has been achieved by one
of the following SBE methods:
a) Freese and Nichols. Inc. is in compliance with the City's BDE Ordinance by committing to
22% SBE participation on this Amendment No. 1. The City's goal on this Amendment is 22%.
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORT WO RT Ii
COUNCIL ACTION: Approved on 10/16/2018
REFERENCE ** 60RIVERSIDE WWTP
DATE: 10/16/2018 NO.: C-28896 LOG NAME: AMEND N01
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of Amendment No. 1 to City Secretary Contract No. 41540 with
Freese and Nichols, Inc., in the Amount of$352,046.00 for the Environmental and
Engineering Management Services for the Former Riverside Wastewater Treatment Plant
Closure in Gateway Park for a Revised Contract Amount of$2,364,386.00 (COUNCIL
DISTRICT 4)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of Amendment No. 1 to City
Secretary Contract No. 41540 with Freese and Nichols, Inc., in the Amount of$352,046.00 for the
Environmental and Engineering Management Services for the Former Riverside Wastewater
Treatment Plant Closure in Gateway Park for a revised Contract Amount of$2,364,386.00.
DISCUSSION:
On February 15, 2011 (M&C C-24742), the City Council authorized an engineering agreement with
Freese and Nichols, Inc., to provide professional services related to the evaluation and cleanup of the
former Riverside Wastewater Treatment Plant, in the amount of$2,012,340.00, to include
environmental and consulting services for the completion of Phase 2 for the former Riverside
Wastewater Treatment Plant Closure Project.
On March 7, 2017 (M&C C-28147), the City Council authorized a contract with Lindamood
Demolition, Inc. for the Riverside Wastewater Treatment Plant Demolition and Sludge Lagoon
Excavation and Disposal Project.
The additional engineering services in the amount of$352,046.00 are needed for the completion of
the Former Riverside Wastewater Treatment Plant Closure Project and to meet State and Federal
regulatory compliance for the Texas Commission on Environmental Quality (TCEQ) Voluntary
Cleanup Program. To finalize the project, additional services are needed from the consultant for
oversight of the final completion of work activities by the Contractor, preparation and submittal of
compliance reports to the TCEQ, and maintenance and review of groundwater monitoring data. It is
anticipated these work activities will continue through December 2019.
On an annual basis, the expenses associated with the environmental remediation for Former
Riverside Wastewater Treatment Plant is booked as a liability within the Water and Sewer Operating
Fund in accordance with Governmental Accounting Standards.
M/WBE OFFICE: Freese and Nichols, Inc., is in compliance with the City's BDE Ordinance by
committing to 22 percent SBE participation on this Amendment No. 1. The City's goal on this
Amendment is 22 percent.
This project is located in COUNCIL DISTRICT 4.
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=263 3 8&councildate=l 0/16/2018 1/7/2019
M&C Review Page 2 of 2
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that expenses associated with this engineering amendment will be
funded from the Pollution Remediation Liability Account within the Water and Sewer Operating Fund
and no budgetary impact is anticipated. The liability account has a current balance of$856,240.29.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
Submitted for City Manager's Office by: Jay Chapa (5804)
Originating Department Head: Chris Harder(5020)
Additional Information Contact: Stacy Walters (8203)
ATTACHMENTS
60RIVERSIDE WWTP AMEND N01 MAP.pdf
Form 1295 Certificate 100419902.pdf
http://apps.cfwnet.org/council_packet/me_review.asp?ID=2633 8&councildate=10/16/2018 1/7/2019