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Contract 53910
h CSC No. 53910 REcENED MAY 1 n 2020 CITY of f-oRT WORTH SETTLEMENT AGREEMENT AND RELEASE CITY SECRETARY I.PARTIES This Settlement Agreement and Release("Settlement and Release")is made and entered into by and between the City of Fort Worth(the"City"),a home rule municipal corporation located in the State of Texas and situated in portions of Tarrant,Denton,Parker and Wise Counties, acting by and through Dana Burghdoff,its duly authorized Assistant City Manager,and Renda Environmental,Inc. ("Renda"),a Texas Corporation. The City and Renda are collectively referred to as the"Parties." H.RECITALS WHEREAS, the Parties entered into City Secretary Contract No. 30908 for Solids Dewatering, Processing and Disposal Program and Gas Turbine Operations and Maintenance at the Village Creek Water Reclamation Facility ("Contract"); and WHEREAS, the Contract expired on March 31, 2020 and Renda ceased operations to process biosolids at Village Creek Water Reclamation Facility; WHEREAS,prior to the Contract tennination Renda made a claim for biosolids hauled beyond 60 miles of the Village Creek Water Reclamation Facility for the time period of April 1, 2018 through January 31,2020 as shown in several letters beginning January 19,2019 and shown as Exhibit A; and WHEREAS, on June 5, 2015, the parties entered in the Extension, Amendment and Agreement to Settle Claim related to the Contract and wet conditions which affected the hauling of biosolids (City Secretary Contract No. 30908-EIA1)("Settlement"); and WHEREAS,such Settlement stipulated in Section S.C.v"[i]n the event biosolids are required to be hauled more than 60 miles from the Plant,the parties agree to negotiate an equitable adjustment by change order'; and WHEREAS,on March 27,2020,Renda issued a letter to the City along with a consultant's report claiming that Renda should be paid a total amount of 962,869.99 for lost productivity associated with the additional haul distance; and WHEREAS,additionally,on February 6,2020,Renda issued a letter to the City asserting ownership of equipment, equipment components, and infrastructure improvements necessary to operate the biosolids facility because the City never directly compensated Renda for such provisions;and Koko G�,ETaR,Y � WHEREAS,the City rejected such claim because the Contract requires Renda to provide the necessary equipment to operate the biosolids processing facility and provides that title would pass to the City upon termination of the Contract; and WHEREAS, the City repeatedly requested justification for the costs Renda claimed and then rejected Renda's claims as shown in Exhibit "B" and on March 30, 2020 offered to pay Renda$3.05 a mile for the biosolids hauled beyond 60 miles and to transfer ownership of the lime silo and lime mixer to settle the claims; and WHEREAS, after good faith negotiations, on or about April 1, 2020, the Parties agreed upon a settled amount of$252,789.59 to completely satisfy Renda's claim for all costs related to the hauling of biosolids beyond 60 miles of the Village Creek Reclamation Facility and any and all other claims Renda may have made in negotiations to the date this Settlement and Release is executed; and WHEREAS, the Fort Worth Water Department recommends that the City Council authorize the settlement stated herein. III. TERMS NOW THEREFORE, in consideration of the mutual promises, conditions and covenants described herein, including the Recitals set forth above, which are incorporated herein by reference, and for other good and valuable consideration, the sufficiency and receipt of which is hereby acknowledged,the Parties agree as follows: 1. RELEASE. Upon receipt of the Payment and other consideration outlined in this Settlement and Release, and as it relates to the claim made by Renda in its letters in Exhibit "A", Renda (and each of its current and former employees, attorneys, agents, representatives, divisions, affiliated entities, subsidiaries, successors, trustees, executors, assigns, and related entities) releases, remises, acquits,forever discharges,releases and covenants not to sue(as a full settlement and as an accord and satisfaction) the City from any and all claims, however denominated, and manners of action, causes of action, suits, debts, obligations, choses in action, contracts, torts, covenants, claims, rights of contribution, rights of subrogation, sums of money, judgments, executions, liabilities, damages, interest, fees, costs, expenses, demands and rights whatsoever, contingent or non- contingent, in law or in equity,known or unknown, suspected or unsuspected,previously existing, or existing as of the date of this Settlement and Release , arising from or relating in any way to: 1) any and all costs related to hauling biosolids beyond 60 miles from the Village Creek Reclamation Facility, including but not limited to chemical,transportation, legal and land application costs; and 2) ownership of any and all equipment related to the polymer feed and safety guards on existing equipment, or any existing equipment located at the Village Creek dewatering facility as of the CITY OF FORT WORTH,TEXAS AND RENDA,INC.SETTLEMENT AND RELEASE DRAFT4232020 Page 2 of 7 date of this settlement agreement except for the for the equipment listed below which shall remain the property of Renda. Renda shall remove its property listed below no later than thirty (30) days from the execution of this agreement. If Renda fails to remove its property, the City shall charge Renda a storage fee comparable to market rate to store such materials. If Renda fails to remove its property listed below within sixty (60) days, the City may take necessary steps to remove the property and Renda shall be responsible for all costs associated with such removal. Renda shall not disturb any operation at the Village Creek Reclamation Facility during the removal of such equipment. The parties agree that the following is an exhaustive list of the property which Renda owns: 12 eco blocks, I Silt Curtain, 1 Maintenance Basket, 1 Hydraulic Oil Drum, I Pontoon Boat, 5 Oxygen Tanks, 4 Acetylene Tanks, 7 Dredge Cable Anchor Blocks, 1 Used Oil Tank with Containment, 2 Used Oil Drums, 1 PVC Piping (Various sizes next to unused Lime Silo), 1 VMI Dredge, and 1 Komatsu Loader. 2. PAYMENT AND OTHER CONSIDERATION. A. The City shall pay Renda$252,789.59 on or before May 19,2020,as full and complete satisfaction of Renda's claim against the City for any and all costs associated with the hauling of biosolids beyond 60 miles of the Village Creek Reclamation Facility as claimed in Exhibit A, and any and all other claims made by Renda for conditions or activities related to Renda accelerating the removal of stockpiled biosolids by the expiration of the Contract. B. The City shall relinquish ownership of the spare lime mixer and lime silo the City purchased in 2015 to Renda as complete satisfaction of Renda's claim to any and all equipment Renda purchased to operate the biosolids facility, specifically but not limited to equipment related to the polymer feed and safety guards on existing equipment. However, Renda may not take ownership nor remove the spare lime mixer and lime silo until it Renda has removed all of its property listed in Section 1. 3. ENTIRE AGREEMENT AND SUCCESSORS IN INTEREST. This Settlement and Release contains the entire agreement between the City and Renda regarding the matters set forth herein, and it shall be binding upon and inure to the benefit of the administrators,personal representatives, heirs, successors, and assigns of each. 4. CONSTRUCTION BY STATE LAW. This Settlement Agreement is entered into in the State of Texas and shall be construed and interpreted in accordance with its laws. 5. NO ADMISSION OF LIABILITY. CITY OF FORT WORTH,TEXAS AND RENDA,INC.SETTLEMENT AND RELEASE DRAFT4232020 Page 3 of 7 It is understood and expressly agreed that neither the payment of the settlement amount nor anything contained within this Settlement Agreement shall be construed as an admission of any liability whatsoever on the part of City. The Parties acknowledge and agree that this Settlement and Release is made in compromise and settlement of a disputed claim and that by entering into this Settlement and Release neither party intends to admit the correctness of the other party's contentions. 6. SEVERABILITY. The Parties acknowledge and agree that if any part, term or provision of this Settlement and Release is determined by the courts to be invalid,illegal or in conflict with any law of the State of Texas,the validity of the remaining portions or provisions shall not be affected thereby. 7. EFFECTIVENESS. This Settlement and Release shall become effective immediately following execution by all of the parties. 8. COUNTERPARTS. This Settlement and Release may be executed electronically and shall be treated as originals for all purposes. EXECUTED on May 14, 2020 , 2020. RENDA ENVIRONMENTAL ,INC. THE CITY OF FORT WORTH a8urh a D,9©org1,du0 -lay 11,aazo) Oscar Renda Dana Burghdoff President Assistant City Manager Date: 5/11/2020 RECOMMENDED FOR APPROVAL Chni& 91-6�yafel- Ch,ktopl-H,,d,,(M,,y 11,2070) Chris Harder, P.E. Fort Worth Water Department Director CITY OF FORT WORTH,TEXAS AND RENDA,INC.SETTLEMENT AND RELEASE DRAFT4232020 —" Y Page 4 of 7 arf SEOREUARV Il FT Wf,?1,-,1T NF li i Approved for form and legality: Clursfii R, G�tnez-Re� g7� Christa R.Lopez-Reynolds(May 11,202 Christa R.Lopez-Reynolds Sr.Assistant City Attorney Attest: > - !F M&C: a0-036 g 05 05 ao P�r� Mary Kayser,City Secretary E 1154 CITY OF FORT WORTH,TEXAS AND RENDA,INC.SETTLEMENT AND RELEASE DRAFT4232020 Page 5 of 7 ;0,FTdK3AL RECG,k I1: WORTH, 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. el/A t.S/4f+2IX--2 / (Y t1-fi, Name of Employee/Signature W./v. Y/NG/ O Title ❑ This form is N/A as No City Funds are associated with this Contract Printed Name Signature EXHIBIT "A" Renda Claim Letters CITY OF FORT WORTH,TEXAS AND RENDA,INC.SETTLEMENT AND RELEASE DRAFT4232020 Page 6 of 7 RENDA January 16,2019 Steven Nutter City of Fort Worth Water Department 4500 Wilma Lane Arlington,TX 76012 Re:Price Increase-for Additional Hauling Distance&Time Dear Mr.Nutter: Renda Environmental Inc.(REI)is submitting the following price Increase for additional distance and time necessary for hauling loads to Hood County.As you are already aware,public pressure from odor ._complaints and persistent wet weather has caused the biosolids beneficial reuse program to expand into areas that normally would not be needed.The land that REI has been utilizing is in and around the town of Tolar.These are fields that drain well and are fairly isolated compared to normal land application sites closer to Fort Worth. Attached you will find an example of a site that is more than 4,000 acres in size and only has 5 homes within a%mile of the land application area.Sites such as this are crucial to being able to land apply the loads that have had to be stock piled here at the Sludge Only Landfill due to rains and potential of creating nuisance conditions. Using sites such as these carry with it an additional cost that REI cannot pay for alone.These sites require additional trucks to do the job because one truck is no longer able to perform the same work that could be done for a normal distance site. Additionally,the rough terrain of this site is much harder on our land application equipment along with the longer hauling distance to mobilize that equipment. Attached to this letter are comparisons of a normal site in southern Johnson County and a site in Tolar along with a Google route map that shows the difference in time and distance between the two sites. The report shows that the same truck that was doing 4 loads per day at a normal distance site is now only able to do 3 loads per day when going to Hood County. To help compensate with the equipment and personnel costs,REI needs to add an additional$11.70 per ton when hauling to sites in Hood County. Alternative disposal includes landfills whose fees are an additional$34,73 for Skyline and$24.44 for Turkey Creek.Our nominal price adjustment provides a better solution for the City of Fort Worth and provides necessary cost reimbursement funds for REI. Please respond back to this letter with an acceptance of this price or let us know if further discussion is needed. Thank you, Ben Davis Environmental Program Manager Attached: Google Maps Route Comparisons Land application site example HCKK1 PeopleNet hauling report 2501 GREENBELT ROAD — FORT WORTH,TEXAS 76118-7606 8 7.571. 3 1 — FAX SIL571.6783 www.rendaenvironmental.com r .RENDA 00%0 ENVIRONMENTAL I Februa.ry.7., Steven Nutter City of Fort Worth Water Department 4500 Wilma Lane Arlington,TX 76012 Re:Response to February 5,2019 letter from Steven L.Nutter regarding Biosolids Unit Price Adjustment Dear Mr,Nutter: i Renda Environmental Inc.(REI)thanks you for your response to our letter dated January 16,2019 regarding our proposed price adjustment to account for substantial additional costs hauling and land applying in Hood County. Please find below our responses to your request for additional information: ® Please detail how Renda arrived at the proposed unit price adjustment of$11.70 per wet ton. } What labor,materials,or other costs contributed to this number and what are the costs associated with each? How does the increased haul distance and time factor into the i calculation? o REI response:We are only able to haul approximately 70%of the number of loads to Hood County as we can to closer and more cost effective disposal sites using the same resources as normal. Additionally,the travel time to Hood County is over 42%greater and approximately 20%greater mileage. This has resulted in an overallocation of equipment and personnel to the Village Creek biosolid project,more specifically,we are running an average of 13 trucks a day to manage the load versus the normal 7 trucks with commensurate.higher overtime rates and hours. There Is also the ; opportunity cost associated with bringing in these many trucks.REI's trucks have special trailers designed for carrying low viscosity biosolids and not leak so trucks are diverted from our Trinity River Authority job and replaced with subcontracting trucks that ultimately drive up the cost of our operations at TRA.Additionally,as you are aware,a majority of these loads have a lower viscosity creating a sloshing risk that j requires the truck to only be loaded to 75,000lbs which has reduced the normal hauling tonnage of our trucks. All of these factors account for an additional 19.9%of total cost which equates to$11.70 per wet ton over our current approved land application rate of$58.78 per wet ton. Please see attached spreadsheet to see the allocation rates on a cost per ton mile and cost per ton minute basis. The rates are proportional between our normal disposal sites and this distant Hood county site and doesn't wholly account for the Issues I stated above. ® Does the proposed alternate unit cost only apply to the site referenced in your letter(HCRM1), or to other sites in Hood County? i 2501 GRIENfBIELI ROAD r FOOT WORTH,TEXAS 76118-7606 — 817.671.9391 — FAX 817.571.6783 www.rendaenuirafir�erit�LcQili i KtNUA February 6, 2020 Steven Nutter City of Fort Worth Water Department 4500 Wilma Lane Arlington, TX 76012 Re: RDP Equipment Dear Mr. Nutter: I am writing with regard to RDP lime mixing system currently sitting idle at the dewatering facility. I would appreciate the City's efforts to hold this offer in confidence pending a decision on the proposal. During its contract with the City, Renda Environmental, Inc. has made a number of capital improvements to the facility. These include • Installing the concrete and sidewalls that presently make up the South side of the dewatering facility. ® Placing asphalt and chip &seal around the jobsite. ® Installing metal racks capable of holding 18 pallets of bulk polymer. • Installing bulk polymer feed racks for the East and West Stations. RE[ made these capital improvements to the facility and yard at a total cost of over $500,000, but without compensation from the City. Therefore, in exchange for having made these improvements to City property, REI would like to take ownership of the new, unused RDP lime mixing system, including the unused silo. After the belt press #6 was installed in 2016 this equipment has now been sitting unused for almost four years. Because the new dryer will further undermine any need for that equipment, it will continue to simply sit and deteriorate. Please let us know if you have any questions or need any further detail. Sincerely, e/�� Ben Davis Environmental Program Manager 25 1GREENBELT - FORT WORTH,TEXAS 7611 -7 817.571.9391 - FAX 817.571.6783 RENDA 0%ao ENVIRONMENTAI February 6,2020 Steven Nutter City of Fort Worth Water Department 4500 Wilma Lane Arlington,TX 76012 Re:Contract Closeout: Site Improvements Dear Mr.Nutter: As you know, Renda Environmental Inc. (REI) made numerous improvements to the facility during its contract with the City of Fort Worth (City). With that contract ending on March 31, REI would like to know whether the City is interested in retaining any or all those improvements. I have identified them below,and provided a brief description of each: • Cameras—REI installed several cameras in and around the dewatering facility to aid with safety . and operational controls.(The cameras will require a server to function). • Lighting— REI installed numerous lights around the dewatering facility that were required for jobsite safety, including five (5) pole lights. REI also installed several LED lights on the dewatering facility itself. • Fabricated Metal in the Dewatering Facility— REI installed many custom pieces of metal fabricated for safety purposes in the dewatering facility. This includes protective covers for motors on pumps and belt presses,pinch point protection on the long conveyor,and covers for rotating shafts. • Digital Readout on Scale — This is a large display that shows the weight on the scale, which allows the loader operator to see how much is being loaded on a truck. • Southeast Corner Storage Shed —This shed contains multiple storage racks for parts. REI also recently added overhead doors and additional concrete on the North half of the building,so that the entire building now has a concrete foundation. • Eco-Blocks—These blocks make up the concrete retaining wall that surrounds the rock storage pad (171 blocks)and holding area in the Northwest corner of the SOL(89 blocks). • Bulk Polymer Feed Racks — REI installed the bulk polymer feed racks for the East and West polymer stations. Prior to these installations polymer was purchased in 50-pound sacks and manually carried up to the hoppers that feed these two systems. • Polymer Storage Racks—On the south side of the dewatering facility REI installed metal racks for bulk polymer storage.The racks hold 18 pallets of bulk polymer. 2501 GREENBELT ROAD - FIST WORTH,TEXAS 7611 -7606 17.571.93 1 - FAX 817.571.6783 WWW.rendaenVireninental.eeni m REI installed the concrete and sidewalls that makeup the South side of the,dewatering facility. ® Asphalt and chip seal around the jobsite Please advise if the City wishes to acquire any of the listed items. REI will work with you to negotiate an appropriate price. If the City is not interested,REI will remove the applicable items. Please let us know if you have any questions or need further detail. Sincerely, Ben Davis Environmental Program Manager I 1 i P"k KENDA NVIR®NMIE T I March 11, 2020 $teven Nutter City of Fort Worth Water Department 4500 Wilma Lane Arlington,TX 76012 Re:Site Improvements and Hauling Costs Response Mr.Nutter, At this point, Renda Environmental(REI)and the City of Fort Worth (City)should just agree to disagree as to REI's ownership of,and entitlement to,the previously specified equipment and items constructed by REI for its prosecution of the work as set forth in its February 6,2020 correspondence. REI specifically previewed its position on the equipment and items as it believes its case on the improvements which were not deliverables in the contract documents,which were utilized and/or constructed by REI for its convenience or safety,and which can be removed without damaging any of the work in place is clear cut.The City has conceded that the cameras are owned by REI. REI cannot see how the lighting,for instance,would be any different.Other items in that correspondence,such as racks, are not items which REI was obligated to provide for the City and,whereas REI was prepared to offer the City the opportunity to acquire them, REI is not obligated to do so, nor does the City have a contractual right to them. Under no circumstances will REI write a check to the City for these items. Attached are invoices showing expenditures in facility improvements of greater than$80,000 which includes numerous metal fabrications for safety and lighting improvements.REI expects the city to come up with some sort of reimbursement for these expenditures where REI went above and beyond the contract requirements. REI has expressed interest in taking ownership of the idle, unused RDP lime mixing system, including the silo.This was in exchange for the items described in the February 6`correspondence titled"RDP Equipment".This system has never been used by the City and will not be used going forward. It has no value to the City.The manufacturer has confirmed that it is not warranted and has zero value. It is not necessary to discuss the value of the improvements made by REI and previously offered to the City in return for the lime mixing system and silo because the former,whatever value any party wants to place on them,dwarfs the latter—the latter being zero. It is a useless exercise. As far as the hauling of biosolids,the contract dictates that REI receive an equitable adjustment. REI has proposed such an adjustment of$11.70 per ton when hauling to sites in Hood County. REI has explained how it derived this figure in e-mail correspondence dated February 24, 2020.Your March 4,2020 correspondence seems to request that REI bid against itself and come up with a new damage model using"current established trucking rates"that do not factor in the costs that REI believes are to be considered in an equitable adjustment. REI will proceed with engaging a consultant in the absence of a prompt and meaningful monetary proposal from the city. REI is very much interested in resolving these outstanding issues but feels that for weeks and months the City is more intent on having REI spin its wheels and bid against itself rather than make meaningful 2501 GREENBELT ROAD - FORT WORTH,TEXAS 76118-7606 - 817.571.9391 - FAX 817.571.67 3 www.rendaenvironmental.com proposals of its own. REI would welcome an opportunity to sit down with decision makers,and counsel if necessary,to finalize adjustments on the foregoing issues.We look forward to hearing from you. Nothing herein shall be construed as a waiver of any right, remedy,or relief to which REI is entitled,it being REI's express intent to reserve and preserve same. Thank you, Ben Davis Environmental Program Manager Enclosure: Invoices for dewatering facility improvements LOOMEX INDUSTRIAL SERVICE LLC INVOICE 3604 RAIDER DRIVE HURST,TX-76053 325 Phone#(817)399-8350 15 Cell# (817)291-7677 1!1%'r'". 08/10/2018 Loornexinclustries(dgmail.corn admiriCcDLOOMEXINDUSTRIES.coi-n www.LOOMEXINDUSTRIES.com Renda Environmental Renda Environmental 2501 Green Belt Fort Worth,TX 76118 DESCRIPTIC)IN f i P, I I TAX iV- \,10UNT Installed Bracket for polymer stacking Rack 10 38.00 380.00 to DWF building wall runner A i $380.00 3 -70 f o l -3� 0 Place your Tooter information here Page 1 of 1 LOOMEX INDUSTRIAL SERVICE LLC INVOICE 3604 RAIDER DRIVE HURST,TX-76053 293 Phone#(817)399-8350 15 Cell# (817)291-7677 05/11/2018 Loomexindustriessg mail.com admin@LOOMEXINDUSTRIES.com www.LOOMEXINDUSTRIES.com Renda Environmental 2501 Green Belt Fort Worth, TX 76118 Af-,M"� N11 X)N Qr RAT� E TA X Install Door Nearby De-watering building 1 450.00 450.00 South side wall Commercial door lock and concrete 1 85.55 85.55 $535.55 Place your Tooter information here Page 1 of 1 LOOMEX INDUSTRIAL SERVICE LLC Invoice 3604 RAIDER DRIVE HURST.TX 76053 Dade ( 7/25/2097� Invoice# a Phone# (817)399-8350 admin@LOOMEXiNDUSTRIES.com -^ _--www.LOOMEXINDUSTRIES.com `t Od 11 r— i Bill To �l IRenda Environmental 2501 Green Belt Fort Worth,TX 76118 P.O.No. I Terms + Net 15 i _ Quantity — y—y-- Description � —-- __.. Rate Amount ' 2 i Reinstall polymer hopper door with strong handle and detachable hinges 180.00 360.00 j i 3 Dumtruck cylinder pin ; 26.00 78.00 { f ' 4 Key stock 3/4"X 1/2" 5.001 20.00 i I i art- i + I i i 1 j i i `s- i 1 1 f i i Thank you Total $458.00 LOOMEX INDUSTRIAL SERVICE LLC Invoice 3604 RAIDER DRIVE _ HURST,TX 76053 � Date Invoice# 414/2016 013 1 Phone# (817)399-8350 admin@LOOMEXINDUSTRIES.com t www.LOOMEXINDUSTRIES.com Bill To Renda Environmental 2501 Green Belt Fort Worth,TX 76118 1 Terms Net 15 I Quantity Description Rate � Amount 1 �— 1 Belt press roller Bearing support(Single Side)side Metal buildup and turn 880.00 880.00 down for 22216 E/C3 bearing E i I 90, I o 1 I � : : i EE IR�19 1 Thank you for your business. 1 Make all checks payable to Loomex Industrial Service y Total $880.00 j LOOMEX INDUSTRIAL SERVICE LLC << Invoice 3604 RAIDER DRIVE --- HURST,TX76053 _Date _ 10131/20161 ~Invoice# 98 ! Phone# (817)399-8350 admin@LOOMEXINDUSTRIES.com --------- — - www.LOOMEXINDUSTRIES.com Bill To Renda Environmental—�� 12501 Green Belt Fort Worth,TX 76118 Terms _ � Net IS i Quantity Description Rate i Amount 1 Bultup worn out bearing and gear mounting surface, 1,180.00 1,180.00 j Turn down forbearing and gear Surface I Mill key way for gear surface. I 1 i f i i 1 { ! Job* -�? Cost Code: G � � GL#: Amount: . 00 Signature: } � I ! i Thank you for your business. T i E Total $1,180.00 t I i LOOMEX INDUSTRIAL SERVICE LLC Invoice 3604 RAIDER DRIVE — ------- --- , HURST,TX 76053 ' — Date �Y [11/30/20161 Invoice## i 105 Phone# (817)399-8350 admin@LOOMEXINDUSTRIES.com ----------- ----_ —_._____,_i www.LOOMEXINDUSTRIES.com ------------- BiB To Renda Environmental —' 2501 Green Belt Fort Worth,TX 76118 i P.O.No. I Terms Net 15 .......... Quantity Quantity Description Rate Amount I 1 1 Belt press roller Bearing support(Single Side)side Metal buildup and turn 880.00, _ 880.00 %down for 22216 E/C3 bearing 1 Buildup worn out bearing and gear mounting surface, 1,180.00' 1,180.00 Turn down for bearing and gear Surface #Mill key way for gear surface. 1 ! i r � I � � 1 f ' E i Job# ? I Cost Code: J( -2 12 GL#: i ! -0,C r Amount: `M Signature: �.---- . l I i I 1 1 i 1 l Thank you for your business. Total $2,060.00 ; LOOMEX INDUSTRIAL SERVICE LLC Invoice 3604 RAIDER DRIVE - -- HURST,TX 76053 112/15/2016 Phone# (817)399-8350 admin@LOOMEXINDUSTRIES.com ..Invoice- # 113- www.LOOMEXINDUSTRfES.com Bill TO Rends Environmental 12501 Green Belt Fort Worth,TX 76118 Terms Net 15 Quantity Description Rate Ainount 3 Repair probe foundation 23 —'--0.06 690.00' '- Cut off Stainless steel flange Reduce 1-1/2"neck portion Weld flange on shortened neck Made 1-1/8 hole just opposite of probe and If weld I"stainless steel nipple for sample collecting Job# L2 Cost Code: GL#: Amount: Signature: Total $690.001 LOOMEX INDUSTRIAL SERVICE LLC Invoice 3604 RAIDER DRIVE —r--- HURST,TX 76053 i� Date 6/21/2017 Invoice# 169 ' Phone# (817)399-8350 admin@LOOMEXINDUSTRIES.com --- www.LOOMEXINDUSTR IES.com Bill To Renda Environmental 2501 Green Belt 1 Fort Worth,TX 76118 i a P.O.No. -Terms Y ^ Net 15 Quantity Description Rate -Amount-�I �— ~^ 3 FABRICATED SAFETY CHAIN GUARD WITH j STAtIP LESS STEEL 304 - —+ 385.00; 1,155.00__`GRADE AS PER THE SAMPLE 3"jo I L I --21 l i 1 Replace truck dum i cylinder pivoted pin and repaired pin 2 mounting plate 700.001 700.00 I� I holes ©'T 13to'�1�t o 1 f 2!3.5 ID washer 10.001 20.00 Build up broken Belt press roller Bearing support side and turn down 920.001 920,00 i � � I k { I Thank you for your business. j Total $2,795.00 f i i LOOMEX INDUSTRIAL SERVICE LLC Invoice 3604 RAIDER DRIVE -- HURST,TX 76053 I Date -i-$/2$/2®17 Invoice # 197 � Phone# (817)399-8350 admin@LOOMEXINDUSTRIES.com -- www.LOOMEXINDUSTRIES.com Bill To i Renda Environmental 2501 Green Belt ---- Fort Worth,TX 76118 Document# j P.O.No. TYPA-17-00099385 Machine shop service Net 15 Quantity 1 Description Rate Amount -- — 1 Fabricate and install Hopper Extension on conveyor belt to lime Mixture with 650.00 650.00 ! Stainless steel 14Gauge sheet i i i paw01—r ju61 (�< f j `AID it t yf I I � E if Total $650.001 LOOMEX INDUSTRIAL SERVICE LLC Invoice 3604 RAIDER DRIVE r---~-------- , HURST,TX 76053 ; Date— �8/28/2017 j Invoice# 195 1 Phone# (817)399-8350 admin@LOOMEXiNDUSTRIES.com www.LOOMEXINDUSTRIES.com I Bill To I Renda Environmental _ _ �— i 2501 Green Belt -- -- Fort Worth,TX 76118 Document# I P.O.No. i TYPA-17-00099385 Machine shop service Net15 Quantity Description �- ---Y _-^ i Rate I Amount 5 Material cost for 140.00 700.00 i Belt Press Drive Motor Cover Fabricate and install with 14Gauge Stainless Isteel sheet i j 5 I Fabrication and installation 130,00; 650.00 I � I � I I I i � 1 f I 1 E Total $1,350.00` i LOOMEX INDUSTRIAL SERVICE LLC Invoice 3604 RAIDER DRIVE --------------- -— HURST,TX 76053 { Dal @ 8/28/2017 I Invoice# 196 Phone# (817)399-8350 admin@LOOMEXINDUSTRIES.com -----� www.LOOMEXINDUSTRIES.com ' Bill r Rends Environmental- 2501 Green Belt Fort Worth,TX 76118 Document# P.O.No. ! TYPA-17-00099385 Machine shop service Net 15 I Quantity {Description Rate � Amount 6 Motor Cover Fabricate and install with 14Gauge Stainless steel sheet 280.00f 1.680.00 f i 1 f � 1 i � I f i i r I f � f j ► � Total $1,680.00 I ; LOOMEX INDUSTRIAL SERVICE LLC Invoice 3604 RAIDER DRIVE __.__._ _ HURST,TX 76053 at 1 012 6/2 0 1 7 ' Invoice# j 211 _ 1 Phone# (817)399-8350 admin@LOOMEXINDUSTR1ES.com -- www.LOOMEXINDUSTRIES.com (�t3i11 To Benda Environmental M__ 2501 Green Belt 'Fort Worth,TX 76118 P.O.No. Terms Y I Description Rate Amount i 135 Conveyor Safety Guard making with Stainless steel 16Gauge Sheet i 43.333331 5,850.00v j Supporting leg 1-1/4"Stainless steel square tube i Material cost including Sheet,square tube.Fasteners,etc. f j Conveyor Safety Guard Fabricate and install with Stainless steel 16Gauge 2,850.001 2,850.00 j Sheet f Supporting leg 1-114"Stainless steel square tube, i 135 feet total length and 20"Height. if Fabrication and installation cost I ! I 30'Eye bolt for Belt conveyor safety limit string h nging en're 1 gth j 2.60 i 78.00 L. l r L4,,A I � I i � � 1 1 Thank you for your business. Total $8,778.00 LOOMEX INDUSTRIAL SERVICE LLC Invoice 3604 RAIDER DRIVE HURST,TX 76053 - Date 1 2/16/2017 Invoice# i 227 Phone# (817)399-8350 admin@LOOMEXINDUSTRIES.com -- �- - _--— www.LOOMEXINDUSTRIES.com —Bill To fi Renda Environmental 12501 Green Belt it Fort Worth,TX 76118 T �'7 P.O.No. I 1 Terms itt Nei 15 Quantity Description Rate Amount —wf 5 Machining Bearing Housing seal'0'ring holder spacer Material Derlin _ 64.00; 320.00 i j � I '70/10 �2� f � , 00 t � I t Total $320.00 i LOOMEX INDUSTRIAL SERVICE LLC Invoice 3604 RAIDER DRIVE — HURST,TX 76053 Date 12/18/2017 Phone# (817)399-8350 admin@LOOMEXINDUSTRIES.com Invoice# 228 www.LOOMEXINDUSTRIES.com Bill To Renda Environmental 2501 Green Belt Fort Worth,TX 76118 P.O.No. Terms Net 15 Quantity Description Rate Amount 1 Fabricate door on Belt conveyor Safety guard for collecting Bio-Solid sample 260.00 260.00 Total $260.00 9 LOOMEX INDUSTRIAL SERVICE LLC INVOICE 3604 RAIDER DRIVE HURST,TX-76063 259 Phone#(817)399-8350 15 Cell# (817)291-7677 01/29/2018 admin(aLOOMEXINDUSTRIES.com www.LOOMEXINDUSTRIES.com Renda Environmental 2501 Green Belt Fort Worth, TX 76118 OTY RA.47E ANIC-�UNT Mono pump housing Safety Cover Fabricate and 6 2%00 1,260.00 with 16 Gauge Stainless steel sheet $ $1,260.00 ( 0�v z I C) "All 8 F:P00(e iA 2-10 J3r-P511j0[0t2f6 GFP01q40t 019) Place your tooter information here Page 1 of 1 LOOMEX INDUSTRIAL SERVICE LLC INVOICE 3604 RAIDER DRIVE HURST,TX-76053 282 Phone#(817)39"350 T 15 Cell# (817)291-7677 0i*--,--i','1" 03130/2018 Loomexindustries(a)qmail.com admin(8LOOMEXINDUSTRIES.com J" www.LOOMEXINDUSTRIES.com Renda Environmental 2501 Green Belt Fort Worth, TX 76118 D SCRIP-110N -Y TAX APAOUINT E, '�'Ql RAI E. Fabricate and installed safety guard with 1 2,640.00 2,640.00 ess steel Both end of Belt conveyor Expanded metals with inspection door Modification for enlarge inspection door. 1 34000 340.00 $ $ 00 C) 1.500 uo. 1— T, Place your tooter information here Page 1 of 1 LOOMEX INDUSTRIAL SERVICE LLC INVOICE 3604 RAIDER DRIVE HURST, TX-76063 iNWOK;E, 284 Phone#(817)399-8350 15 Cell# (817)291-7677 04/06/2018 Loomexindustries(ftmall.com admin6i)LOOMEXINDUSTRIES.com www.LOOMEXINDUSTRIES.com �41AIME Renda Environmental 2501 Green Belt Fort Worth,TX 76118 k-ZATE -AX ANPIOUNI DESCRIPTION Fabricate and installed belt press discharge 1 1,280.00 1,280.00 vith Stainless steel 118"thick metals and 1/2 thick Bracket Fabricate polymer tank platform 4'side strip with 1 420.00 420.00 ss steel fasten to hand rail pole Fabricate 6"stranded blind flange carbon steel 3 45.00 135.00 $ -AX $ E P i o t jL1,e<jo"e 14 Zo op 0 BFPo(,f 4tb/1 Cv 1,280.00 $1,835.00 3-701 Place your footer information here Page 1 of 1 LOOMEX INDUSTRIAL SERVICE LLC INVOICE 3604 RAIDER DRIVE HURST,7X-76053 Iir1/OIC"I' NO. 305 Phone 4(817)399-8350 TERMS 15 Cell# (817)291-7677 DATE 06/15/2018 Loornexindustries(a7gmail com admin(a)LOOMEXINDUSTRIES.com DOC UVMNT, www.LOOMEXINDUSTRIES.com P Q+r "'USTO[A,,r_i rrI'loE_ Renda Environmental 2501 Green Belt Fort Worth,TX 76118 DESCRIPTION QTY RATE TAX AMOUNT Repaired Storage building frond wall with R 1 3,250.00 3.250.00 and rectangular tubing Include Materials Seal three leaks at roof $ $ DIT i 01 $3,250.00 3 -70 /ot- Y/o V-11-t Place your footer information here Page 1 of 1 LOOMEX INDUSTRIAL SERVICE LLC Estimate 3604 RAIDER DRIVE HURST,TX-76053 334 Phone#(817)399-8350 15 Cell# (817)291-7677 09/0412018 admin )LOOM..XINDUSIRIES.com www.LOOMEXINDUSTRIES-com Renda Environmental Renda Environmental 2501 Green Belt Fort Worth, TX 76118 t l fC'f� /4— D E 6 R P I Q N 01).' RATE., ANliOUNI" Fabricate and installed Polymer pump safe guard 2 340.00 680.00 $ $680.00 Place your footer information here Page 1 of 1 LOOMEX INDUSTRIAL SERVICE LLC INVOICE 3604 RAIDER DRIVE HURST,TX-76053 lf--"V01U'EN0, 370 Phone*(817)399-8350 TElvirs 15 Cell# (817)291-7677 L7ATE 11/28/2018 LoornexindustriesQgmail.corn adminO-LOOM EXIN DUSTRI.ES.com i C>C-UT01 E:sN T4' www.LOOMMNDUSTRIES.com p Oil CUSTOMER NAME Renda Environmental 2501 Green Belt Fort Worth, TX 76118 QTY. RATE TAX Belt press#5 bio-sludge input Stainless steel 1 340.00 340.00 hopper both side seam Repaired Welding Consumables 1 148.00 148.00 S.'U'E".10TAL $ TA/X $ S.li-fl;F-1 r", G TOT."-'%L $488.00 Place your footer information here Page 1 of I .......... . ............. ...................... ................... Scott Electric Invoice P.D. Box 1884 Date Invoice# �1 Roanoke,TX 76262 _ 1 9/13i2017 ! 19221 I Bill To Renda Environmental 2501 Grecubelt Fort North,TX 76118 f P.O.No. Terms _..._.._� Due on receipt i Description t2ty Rate Amount 'Renda-Fort Worth U:i iaS.-original bid _ 49,162.00{ —! 49,i 62.U01' i i Extras: 6,6335.00 6,63,5.00T I Added(4)more exterior fixtures S3000 Replaced broken conduit and wiring to motor in detNitering S375 Change GFCI meeptacle,disconnect power to heater S125 Replaced lamps in pole lights not converted to LIED$225 Replaced bunt wire to conveyor motor(overtime) $550 Restored potter to exterior lights on dettatering plant disconnected by FSG $195U V Replaced fixtures in office up front and ballasts$260 t Check Hawk System 3150 } Credit for not changing out 8 it lamps in truck shop on wall J -i,UUU_00 1,000.00T; Credit for using Iifion site instead ofour equipment � � -1,000.00� -1,000.0(n, i Thank you for your business. Subtotal Sales Tax (8.25%0) 1 Total ; . 01 Phone:(817)490-9207 Fax:(8 17)4 90-9240 Email:pscolt u,!scotteIectricdf'A.corn ttlt•w.scmtcIcc1ricdfw.coru RE,NDA March 27, 2020 Steven Nutter City of Fort Worth Water Department 4500 Wilma Lane Arlington,TX 76012 Re: Extended Hauling Claim Response Dear Mr. Nutter, Please find attached an analysis completed by Synergen Consulting International as referenced in previous correspondence regarding the extended hauls Renda Environmental Inc. (REI) has performed. Nothing herein shall be construed as a waiver of any right, remedy,or relief to which REI is entitled, it being REI's express intent to reserve and preserve same. Thank you, Ben Davis Environmental Program Manager Enclosure: Synergen Report SYHERCENENGINEERING I CONSTRUCTION I FINANCE www.Synergen.com March 26, 2020 To: Ben Davis From: Johnny Holstead Re: Long-Term Solids Dewatering, Processing, and Disposal Contract Preliminary Evaluation of Alternate Land Application Site Impacts Introduction Synergen Consulting International (Synergen) was retained by Renda Environmental Inc. (RE]) to provide a preliminary evaluation to quantify REI's actual overall impact resulting from the required change in land application sites due to the extreme wet conditions while performing the Long-Term Solids Dewatering, Processing, and Disposal Contract with the City of Fort Worth (the Project).' Due to abnormally wet conditions beyond REI's control, REI was required to haul biosolids to locations which exceeded REI's anticipated travel distances to REI's planned land application sites. The change in required sites resulted in impacts that cannot be addressed with a simple mileage adjustment. Due to the location of the new sites, the increased travel times are not proportionate to the increase in travel distance. The required routes to the new sites encountered heavier traffic patterns and additional congestion, which resulted in an increase in travel time not commensurate with the increase in distance. In addition to increased travel time per trip, RE] was required to reduce its haul capacity to 75,000lbs due to the lower viscosity of the biosolids being hauled. The reduced haul capacity was required to minimize a potential sloshing risk while hauling. Again, the reduced haul capacity resulted in a reduced haul efficiency not commensurate with a simple mileage adjustment. Appendix A—CV of John C.Holstead,Jr. Energy Tower IV I 11750 Katy Freeway,Suite 1000 1 Houston,Texas 77079 1 Tel+01 (281) 598.1 190 Fax+01 (281)598.1199 Austin I Dallas I New Orleans I Pittsburgh I San Juan SYHERCEHENGINEERING I CONSTRUCTION I FINANCE www.Synergen.com Evaluation Methodology Synergen's analysis took into account not only the increase in mileage, but also the impact associated with the heavier traffic patterns/congestion and decreased maximum load tonnage. Because of the factors other than increased mileage, the impact incurred by REI is considered a lost productivity impact. AACE International (RACE) defines productivity loss aS:2 "Productivity loss, therefore, is experienced when a contractor is not accomplishing its anticipated achievable or planned rate of production and is best described as a contractor producing less than its planned output per work hour of input. Thus, the contractor is expending more effort per unit of production than originally planned."[Emphasis added] Due to the required use of the alternate land application sites, REI was expending more effort (added traffic/congestion and lower load capacity) per wet ton than originally planned. AACE prepared its Recommended Practice 25R-03 (RP25-03) titled "Estimating Lost Labor Productivity In Construction Claims". RP25-03 was prepared to identify various methods for estimating lost labor productivity, rank the methods and define/discuss each methodology. AACE's preferred methodology for calculating productivity impacts is the "Measured Mile Study".3 The Measured Mile compares identical activities in impacted and non-impacted sections of the project in order to determine the loss of productivity caused by the impact of a known set of events. In Synergen's analysis, the activity analyzed is REI's hauling of wet tonnage of biosolids and the resulting earned revenue per wet ton. The "non-impacted" section was REI's haul trips to the original land application sites and REI's subsequent earned revenue per wet ton for those trips. The "impacted" section evaluated REI's haul trips to the new land application sites in Hood County and REI's impacted earned revenue per wet ton for those trips. Those trips took into account the productivity impacts incurred by REI due to the increased traffic and congestion, and the decreased maximum tonnage. '-AACE's Recommended Practice 25R-03 dated April 13,2004,page 1 s AACE's Recommended Practice 25R-03 dated April 13,2004,page 11 Energy Tower IV 1 11750 Katy Freeway,Suite 1000 1 Houston,Texas 77079 1 Tel+01 (281) 598.1 190 Fax+01 (281) 598.1199 Austin I Dallas I New Orleans I Pittsburgh I San Juan SYHERGEHENGINEERING I CONSTRUCTION I FINANCE www.Synergen.com The Measured Mile Evaluation prepared by Synergen determined REI's average earned revenue per wet ton (unit productivity rate) hauled for both the non-impact and impact periods. The difference between REI's average revenue per wet ton for each period is the impact incurred by REI as defined by RP25-03:4 "The productivity loss can then be calculated by subtracting the unit productivity rate during the impacted period from the unit productivity during the unimpacted period." Synergen's Measured Mile Evaluation The following summarizes Synergen's findings: REI Earned Performances Synergen utilized REI's Monthly Load Reports for 2018, 2019 and 2020 in its evaluation and analyzed the period from April 1, 2018 to March 31, 2019.6 REI's Monthly Load Reports captured the following production information for each load hauled: • Load date • Destination • Gross tons • Wet tons • Solids • Dry tons During the period from April 1, 2018 to March 31, 2019, REI made a total of 5,880 round trips totaling approximately 638,304 miles to the original land application sites. REI hauled a total of 136,438 wet tons to those sites during the analysis period, earning revenue of $8,019,820 (136,438 tns @ $58.78/wet ton). Based on REI's actual performance, Synergen determined REI earned $12.56 per mile during the analysis period while hauling to the original land application sites. Beginning in December 2018, REI was required to haul to the new land application sites due to the extreme wet conditions. REI's load trips to the new land application sites included the sites in Hood County. REI made a total of 1,396 round trips, beginning in December 2018 and concluding on March 31, 2019, to the new land application sites. REI hauled a total of 31,147 wet tons to the new sites during that period earning revenue of$1,830,793 (31,147 tns @$58.78/wet ton). REI's actual performance while hauling to the new land application sites resulted in REI's earned revenue of$10.08 per mile, a decrease of$2.49 per mile (24.7%) from REI's a AACE's Recommended Practice 25R-03 dated April 13,2004,page 12 s Synergen's Impact Evaluation—Actual Performance REI Monthly Load Reports for 2018,2019 and 2020 Energy Tower IV 1 11750 Katy Freeway,Suite 1000 1 Houston,Texas 77079 I Tel+01 (281) 598.1190 Fax+01 (281) 598.1199 Austin I Dallas I New Orleans I Pittsburgh I son Juan SYNERGEHENGINEERING I CONSTRUCTION I FINANCE www.Synergen.com actual earned revenue while hauling to the original land application sites during the analysis period. In order for REI to be equitably adjusted for its lost productivity and subsequent lost revenue, REI's contractual rate of $58.78/wet ton for the period from April 1, 2018 to March 31, 2019 should be increased by 24.7%, or $14.52/wet ton. The equitable adjustment for the required use of the new land application sites during the period from April 1, 2018 through March 31, 2019 is calculated as follows:7 31,146.53 Wet tons hauled @ $14.52 $'s/Wet ton increase $452,205.88 Per'd Equitable Adjust. During the period from April 1, 2019 through January 31, 2020, REI continued to experience the same productivity impact of 24.7%. Due to a CPI increase in REI's rate from $58.78/wet ton to $59.30/wet ton beginning on April 1, 2019, REI's new rate should be increased by 24.7%, or $14.65/wet ton. Based on this adjustment, the equitable adjustment for the required use of the new land application sites during the period from April 1, 2019 through January 31, 2020 is calculated as follows:8 34,864.52 Wet tons hauled @ $14.65 $'s/Wet ton increase $510,664.11 Per'd Equitable Adjust. A total Equitable Adjustment in the amount of $962,870 puts REI in the position it would have been but for the extreme wet conditions which required the use of the new land application sites. It should be noted, REI's average round trip during 2018 was 108.6 miles/trip while hauling to the original land application sites. The original sites were selected by REI and were a major consideration while preparing REI's original proposal. The location of these sites and subsequent required hauling distances were the basis for REI's proposal and anticipated financial performance on the Project. It should also be noted, the City of Fort Worth received the initial economic benefit of REI's anticipated utilization of these sites and reduced cost. Subcontractor Trucking In addition to the direct impact identified above by Synergen, REI incurred additional cost resulting from the increase in the number of trucks required to haul the biosolids to the new land application sites due to the increased distance and haul times, and Synergen's Impact Evaluation—Summary Adjustment s Synergen's Impact Evaluation—Summary Adjustment Energy Tower IV I 11750 Katy Freeway,Suite 1000 1 Houston,Texas 77079 1 Tel+01 (281) 598.1 190 Fax+01 (281) 598.1 199 Austin I Dallas I New Orleans I Pittsburgh I San Juan SYNERCEHENGINEERING I CONSTRUCTION I FINANCE www.Synergen.com decreased maximum capacity. The contract with the City of Fort Worth does not allow the use of subcontracted trucking on the Project. As a result, REI was required to re-assign its own trucks to the Project from other projects in order to achieve the required hauling capacity. This re-assignment of trucks forced REI to subcontract trucking on another project resulting in subcontractor trucking cost in excess of$800,000. This subcontractor trucking cost was the direct result of the required use of alternate land application sites for the City of Fort Worth Project. On a project of the type that was impacted, it would be expected that the subcontractor trucking procured by REI would be more expensive than REI's self- performed trucking. The additional cost incurred by REI was compounded by the fact REI owned its equipment and would have only incurred cost for operators, fuel and maintenance. It is conservative to anticipate REI's net cost increase due to the required subcontracted trucking was many hundreds of thousands of dollars. Synergen has not been tasked with analyzing the full impact to REI due to the required subcontracted trucking. Conclusion Synergen's Measured Mile analysis determined REI was impacted $962,869.99 in lost revenue due to the required use of the new land application sites. REI is entitled to an equitable adjustment for this amount due to the impact incurred by REI which was beyond REI's control. The City of Fort Worth's proposed remedy of a simple mileage adjustment is not applicable in this situation. The mileage adjustment proposed only considers the increased mileage and not take into consideration REI's lost productivity due to the additional time per trip, which is not proportionate to the additional distance, and the decreased maximum load capacity due to the biosolids' lower viscosity. Because of this lost productivity, the Measured Mile analysis is the appropriate methodology to calculate REI's impact. REI's original proposal was based on the use of the original land application sites and as a result, the City of Fort Worth received the economic benefit of that basis. The City of Fort Worth has continued to receive that benefit while REI has not due to the required use of the new sites. The Measured Mile analysis demonstrates REI has been penalized due to the required use of the new sites. REI should not be penalized due to conditions beyond its control. Energy Tower IV I 11750 Katy Freeway,Suite 1000 1 Houston,Texas 77079 I Tel+01 (281) 598.1 190 Fax+01 (281) 598.1199 Austin I Dallas I New Orleans I Pittsburgh I San Juan SYNERCEHENGINEERING I CONSTRUCTION I FINANCE www.Synergen.= In addition, REI incurred impact of many hundreds of thousands of dollars due to the required use of subcontracted trucking which was also beyond REI's control. It is Synergen's understanding the City received additional economic benefit by REI utilizing the new land application sites as noted by REI in its letter dated January 27, 2020:9 "It is important to reiterate that utilizing these sites was much more advantageous to the City compared to the alternative, landfill disposal. If this material had gone to landfill the total cos tat$34.86 per ton would have been $1,299,342.00." REI should not bear the impact for utilizing those sites while providing an economic benefit to the City. Synergen conducted a Measured Mile analysis based on a 60-mile threshold to quantify REI's impact based on that factor.10 Synergen determined REI was impacted $498,977.16 when considering the 60-mile threshold. This impact does not take into account REI's performance while hauling to the original sites as determined in Synergen's Measured Mile analysis, which the City has received the benefit of, and should be considered the minimum documented impact incurred by REI. If you have any questions, please don't hesitate to give me a call at 972.385.3158. 9 Letter from B.Davis to S.Nutter dated January 27,2020 10 Appendix B—60-Mile Measured Mile Energy Tower IV 1 11750 Katy Freeway,Suite 1000 1 Houston,Texas 77079 1 Tel+01 (281) 598.1190 Fax+01 (281) 598.1 199 Austin I Dallas I New Orleans I Pittsburgh I San Juan SYHERCEH ENGINEERING ( CONSTRUCTION I FINANCE www.Synergen.com JOHN C. HOLSTEAD, JR. Education: Master of Science in Construction Management-Texas A&M University- 1986 Bachelor of Science in Construction- University of Louisiana-Monroe- 1983 Professional Affiliations: State of Florida-Certified General Contractor (Expired) State of Arizona-Certified General Contractor (Expired) State of Oregon-Certified General Contractor (Expired) Professional Experience John Holstead has over 30 years of construction industry experience with specialization in scheduling, estimating, and project controls. His focus relies heavily on construction management, critical path method (CPM)scheduling,schedule maintenance/integration, project cost reporting,and cost impact and earned value analysis on complex and large-scale matters. Mr. Holstead's experience includes numerous nationwide assignments in the commercial, transportation, infrastructure, heavy civil, and residential sectors. His practice also includes negotiation of contracts,zoning and entitlement,and the design process of facilities. Mr. Holstead has been designated and has provided expert testimony on numerous construction-related matters. He has served in numerous leadership roles as Managing Director, Vice President, Senior Project Manager, Senior Scheduler managing day-to-day operations and numerous staff members for companies such as Austin Commercial, JPI, Erickson Retirement Communities, Landis Construction, and Flextronics. Mr. Holstead holds a Bachelor of Science in Construction from the University of Louisiana-Monroe, and a Master of Science in Construction Management from Texas A&M University. Synergen Consulting International, LLC Present Managing Director Dallas,Texas • Provides dispute resolution and project management services • Manages and performs claims evaluation and preparation, as well as claims avoidance for owners, contractors, engineering companies, and subcontractors • Provides project planning, CPM scheduling, and cost impact practices and procedures • Analyzes schedule delays and conducts forensic analysis providing industry accepted methodologies • Prepares project schedules and provides ongoing maintenance and support • Performs construction cost estimating, executes and advises cost management and project cost control practices and procedures • Provides litigation support relative to construction management, scheduling, delay, and damages Energy Tower IV 1 11750 Katy Freeway,Suite 1000 1 Houston,Texas 77079 1 Tel+01 (281)598.1190 1 Fax+01 (281)598.1199 Austin 1 Dallas I New Orleans I Pittsburgh I San Juan SYNERCEN ENGINEERING I CONSTRUCTION I FINANCE www.Synergen.com McCullough &Associates 2009-2019 Managing Director Dallas, Texas • National construction consulting firm • Provided dispute resolution and project management services • Assisted clients in preparation and evaluation of claims and provided expert testimony. • Prepared, evaluated and managed construction schedules for ongoing projects, representing both Contractors and Owners Erickson Retirement Communities 2004-2009 Senior Director of Development-Southwest Region Baltimore, Maryland • Responsible for all aspects of real estate development in the Southwest U.S. for one of the nation's largest providers of Senior Living. Duties ranged from negotiation of purchase and sale agreements,zoning and entitlement, management of the design process and oversight of the construction process for independent living campuses in excess of$250 million. Director of Development • Responsible for all aspects of real estate development in the Southwest U.S. for one of the nation's largest providers of Senior Living. Duties ranged from zoning and entitlement, management of the design process and oversight of the construction process for a 1,650- unit independent living campus located in Dallas, Texas. Austin Commercial, Inc. 2003-2004 Senior Project Manager Dallas, Texas • Responsible for the management of the Scheduling Team for a $1 billion construction management contract at DFW Airport Terminal D. Duties included establishing and implementing reporting structure and protocol, analyzing and negotiating construction delay claims in excess of$10 million and the preparation of cost loaded schedules to allow progress monitoring utilizing earned value. Flextronics Network Services 2001-2003 Senior Vice President of Operations/Global Director of Program Mgmt. Dallas, Texas • Responsible for the management of the Program Management staff and the day-to-day operations for the implementation and testing of GSM wireless networks throughout North America. Duties also included establishing and implementing the company's Client Quality Management Program. Energy Tower IV 1 11750 Katy Freeway,Suite 1000 1 Houston,Texas 77079 1 Tel+01 (281)598.1190 1 Fax+01 (281)598.1199 Austin I Dallas I New Orleans I Pittsburgh I San Juan EXHIBIT "B" City's Response Letters CITY OF FORT WORTH,TEXAS AND RENDA,INC.SETTLEMENT AND RELEASE DRAFT4232020 Page 7 of 7 FORT WORTH JANUARY 16, 2020 RAQUEL RENDA VICE PRESIDENT RENDA ENVIRONMENTAL, INC. 2501 GREENBELT RD FORT WORTH, TX 76118-7606 SUBJECT: CONTRACT CLOSEOUT SUBMITTALS Mrs. Renda, We received Renda Environmental's response to the City's December 19t"request for the biosolids facility operations training schedule and the energy facility operations and maintenance training schedule and lesson. We will review these proposals and provide any comments or questions soon. We have also reviewed Renda's requests for a unit price adjustment for land application activities in Hood County in your letters from January 16 and February 7, 2019. Your justification for a price adjustment was due to the costs you incurred for the additional distance and time to haul biosolids from the dewatering facility to certain fields in Hood County. However, in 2015, Renda and the City entered into an amendment (Fort Worth City Secretary Contract No. 30908-EIAI) and settlement which provided for a unit price j increase of$56.26 per wet ton,taking into account factors such as increased distance and time. Section 5(C)(v) of the amendment states that only when"in the event that biosolids are required to be hauled more than 60 miles from the Plant,the parties agree to negotiate an equitable adjustment by change order to the Contract." It is not clear to the City that there have been any land applications more than 60 miles from the Plant. Please submit the appropriate documentation of those trips for the City's good faith consideration. WATER DEPARTMENT PLANT OPERATIONS DIVISION THE CITY OF FORT WORTH*4500 WILMA LANE*ARLINGTON,TEXAS 76012 (817)392-4960*ADMINISTRATION FAX(817)392-4957 I Your prompt attention to these items would be greatly appreciated. Please feel free to contact me directly if you have any questions. Sincerely, I �/ Steven L. Nutter,REM, CEA Environmental Program Manager Water Reclamation Division Fort Worth Water Department i cc: Chris Harder,P.E.; Director i Charly Angadicheril; Assistant Director Christa Lopez-Reynolds; Senior Assistant City Attorney Ben Davis;Environmental Program Manager I i FORTWORTH FEBRUARY 5, 2019 MR. BEN DAVIS ENVIRONMENTAL PROGRAM MANAGER RENDA ENVIRONMENTAL, INC. 2501 GREENBELT ROAD FORT WORTH, TEXAS 76118 LONG-TERM SOLIDS DEWATERING,PROCESSING, AND DISPOSAL CONTRACT PROJECT No. PS46-070460300020, CITY SECRETARY CONTRACT#30908-EIA1 SUBJECT: BIOSOLIDS UNIT PRICE ADJUSTMENT Mr. Davis, The City received your letter dated January 16, 2019 requesting a price adjustment for biosolids that are to be land applied in Hood County. Your letter included detailed information on travel times and distances for biosolids transported to a Hood County site (HCRM1), and compared those numbers versus a land application site in Johnson County (JCRT1). After receiving your letter the City performed additional analysis based on the remotely located fields in Hill County, which as you know are the southernmost land application sites in our biosolids program. The result of the analysis (see attached) verifies your assertion that the referenced Hood County field does result in an increase to both the hauling time and travel distance when compared to sites located in other counties. However, in order to process your request the City needs additional information. These include the following items: • Please detail how Renda arrived at the proposed unit price adjustment of$11.70 per wet ton. What labor, materials, or other costs contributed to this number and what are the costs associated with each? How does the increased haul distance and time factor into the calculation? • Does the proposed alternate unit cost only apply to the site referenced in your letter (HCRMI), or to other sites in Hood County? • Would the alternate pricing be applied to remote sites in all counties and not just Hood? If so what criteria(haul distance, travel time, etc.) would trigger the alternate pricing? WATER DEPARTMENT PLANT OPERATIONS DIVISION THE CITY OF FORT WORTH*4500 WILMA LANE*ARLINGTON,TEXAS 76012 (817)392-4960*ADMINISTRATION FAX(817)392-4957 Upon receipt of the requested information the City will evaluate the merits of the proposed unit price adjustment. However,please note that it was Renda Environmental's decision over the last few weeks to land apply biosolids in Hood County under the current approved price structure. As has been stated by my office previously there is no guarantee that the City will agree to amend the current approved land application rate of$58.78 per wet ton. Please feel free to contact me if you have any questions. Sincerely, L Steven L. Nutter,REM, CEA Environmental Program Manager Plant Operations Division Fort Worth Water Department Enclosure o = = z o o n O o O c r, o z c � o � z � D < r- m _ r- F T to m C)!' O D T W W Q ( m N 1- A Y Y w N Y Y D �' m z —9 r O D Ln z < G Pi m In Ln In In In In In 6) In In J O mC m Q in N LD m N I V V Y N v J IV A rt C r D -� m o =� xcaM D Y Y Y Y Y Y Y Y Y Y Y Y Y N o Q �• z < 0 r (/] W A W N A A A N A A A ADO N G) m N o a D < m n ° O D r Y N N Y Y Y Y Y Y N Y Y N o 0 0 z < I m n a = r °n n to —� �_ p � m " 'n � N fl m aom co D S o z w vj .P A w A° o A O m Y i u 0) iv iv �,j c Lo t c o o ZN a o p Q n D n c o to cn in to to cn to t.n to to to tom z :A J Ln A �^ A A Y Y A L n Y N C r N lD lD Y W In Y A Y V lD Ln G m z Y Y Y Y Y Y Y Y Y Y C W A N lOD O O p O O O N z r Q D N A 00 60 N Qn N w N CO A Ln m V FORT WORTH MARCH 4, 2020 BEN DAVIS EVIRONMENTAL PROGRAM MANAGER RENDA ENVIRONMENTAL, INC. 2501 GREENBELT RD FORT WORTH, TX 76 1 1 8-7606 SUBJECT: SITE IMPROVEMENTS AND HAULING COSTS Mr. Davis, The City received your letter dated February 25"', 2020 regarding ownership of the specified equipment at the Biosolids Dewatering Facility. The City respectfully disagrees with Renda Environmental's (REI) assertion of ownership of these items, with the exception of the cameras located above the belt-filter presses. However the City is willing to negotiate an agreed upon price and or the conveyance of the material, supplies or other items REI wishes to keep. As such please submit to the City an itemized valuation for each piece of disputed equipment. Until the negotiations are completed and a mutual agreement has been reached, none of the materials, supplies or equipment which REI claims ownership may be removed from the City's property. If REI removes these items without first reaching a mutual agreement with the City, then the City shall deduct from the amount due and owing to REI at the conclusion of the agreement, the value of any material supplies or other things kept by REI which should otherwise be recovered by or credited to the City. The City is reviewing your request to be reimbursed for hauling biosolids beyond the 60 mile threshold as specified in the contract. Please note that REI will only be reimbursed for those sites that exceed the 60 mile criteria. The City is willing to consider reimbursing REI based on a unit cost per mile that is comparable with current established trucking rates. If you would like to propose a trucking rate then please submit that information with the itemized valuation discussed above. WATER DEPARTMENT PLANT OPERATIONS DIVISION THE CITY OF FORT WORTH*4500 WILMA LANE*ARLINGTON,TEXAS 76012 (817)392-4960*ADMINISTRATION FAX(817)392-4957 Please submit the requested information as soon as possible so that we can resolve these outstanding issues in a timely maimer. And feel free to contact me directly if you have any questions. Sincerely, Steven L. Nutter, REM, CEA Enviromnental Program Manager Plant Operations Division Fort Worth Water Department cc: Chris Harder, P.E.; Director Charly Angadicheril; Assistant Director Christa Lopez-Reynolds; Senior Assistant City Attorney FORT WORTH MARCH 18, 2020 BEN DAVIS EVIRONMENTAL PROGRAM MANAGER RENDA ENVIRONMENTAL, INC. 2501 GREENBELT RD FORT WORTH, TX 76118-7606 SUBJECT: SITE IMPROVEMENTS AND HAULING COSTS Mr. Davis, Thank you for your letter dated March 11'h, 2020. However, the City remains firm in its position that the Biosolids Contract between the parties require Renda Environmental, Inc. (REI) to provide for the equipment and facility improvements at Renda's own cost. The invoices attached to your letter are expenditures related to REI's contractual obligation to provide appropriate equipment and maintenance activities to adequately dewater Village Creek's anaerobically digested solids. The City understands that the 2015 Settlement Agreement between the parties requires us to come to an equitable agreement for those biosolids that were hauled beyond the 60 mile threshold. However, REI has failed to provide the City with any quantifiable criteria to justify the price adjustment REI is seeking. We have done our own research and believe that standard trucking rates in the United States are typically in the range of$1.16 to $3.05 per mile due to a variety of factors (see attachment). Since REI has not submitted adequate detailed information to determine an appropriate price adjustment during the referenced hauling timeframes the City cannot agree to compensate REI for these hauling costs. I i In an effort settle the disputes related to the ownership of equipment and facilities which i REI is required by Contract to transfer title to the City upon termination of the Contract, as well as the dollar amount to be paid to REI for the hauling done past the 60 mile threshold, the City is proposing settlement between the parties. If REI agrees to 1) release and settle all claims to the equipment and infrastructure at the Dewatering Facility i I I WATER DEPARTMENT PLANT OPERATIONS DIVISION THE CITY OF FORT WORTH*4500 WILMA LANE*ARLINGTON,TEXAS 76012 (817)392-4960*ADMINISTRATION FAX(817)392-4957 i (except for the cameras over the belt-filter presses); and 2) in exchange for any amount which REI claims the City owes REI for those biosolids hauled over and beyond 60 miles, then the City agrees to transfer title and release any and all ownership to the spare RDP lime pug mill unit and the lime silo. If REI is agreeable to such terms and conditions above, as well as releasing and waiving any and all other Biosolids Contract claims REI may have against the City,then please let me know at your earliest convenience and the City will send over a Settlement Agreement to review and execute. Feel flee to contact my office if you have any questions. Sincerely, Ll Steven L. Nutter,REM, CEA Environmental Program Manager Plant Operations Division Fort Worth Water Department Attachment cc: Chris Harder, P.E.; Director Charly Angadicheril; Assistant Director Christa Lopez-Reynolds; Senior Assistant City Attorney STANDARD 'I R UCICING RATES UNITED D STATES Source: FreightWaves.com Reference: https://www.freiaIitwaves.com/news/understandine-total-operating-cost-per-inile Average operating expenses for a carrier on a per mile basis: Expense Category Low Mange High Range Driver Compensation $0.48 per Mile $0.83 per Mile Fuel $0.40 per Mile $0.55 per Mile Equipment Financing $0.00 per Mile $0.40 per Mile Maintenance $0.09 per Mile $0.40 per Mile Insurance $0.06 per Mile $0.18 per Mile Variable Driving Expenses $0.01 per Mile $0.09 per Mile Non-Driver Compensation $0.06 per Mile $0.30 per Mile Fixed Overhead $0.06 per Mile $0.30 per Mile Total $1.16 per Mile $3.05 per Mile i i i i FORT WORTH MARCH 30, 2020 BEN DAVIS EVIRONMENTAL PROGRAM MANAGER RENDA ENVIRONMENTAL, INC. 2501 GREENBELT RD FORT WORTH, TX 76 1 1 8-7606 SUBJECT: EXTENDED HAULING CLAIM &DISPUTED INFRASTRUCTURE Mr. Davis, The City received the Synergen report that was attached to your letter dated March 27, 2020 to justify REI's hauling cost claim. However, the assumptions made in Synergen analysis, including the use of a percentage increase that would apply across all of REI's contractually obligated activities (dewatering and land application) and not just transportation are not acceptable to the City. The parties are now in a crucial timeframe to close out its contractual relationship. In an effort to settle all claims, including ownership of the disputed Dewatering Facility equipment, once again the City is willing to give to Renda the spare lime silo and RDP pug mill. Furthermore the City agrees to reimburse REI for its hauling costs based on the "high range"of the trucking rates that are included in the attached table. Specifically this would be at the rate of$3.05 per mile, for each additional mile beyond the 60 mile threshold stipulated in the Contract, measured from the Dewatering Facility to the land application sites. Please note that if this proposal is not acceptable to REI then the City will perform an independent evaluation by a consultant of the equitable and reasonable costs incurred by REI for the biosolids hauled over the 60 mile threshold. Feel free to contact my office if you have any questions. Our legal counsel, Christa Lopez- Reynolds will forward this letter to your attorney. j Sincerely, Steven L.Nutter,REM, CEA Environmental Program Manager Plant Operations Division Fort Worth Water Department WATER DEPARTMENT PLANT OPERATIONS DIVISION THE CITY OF FORT WORTH*4500 WILMA LANE*ARLINGTON,TEXAS 76012 (817)392-4960*ADMINISTRATION FAX(817)392-4957 Attachment cc: Chris Harder, P.E.; Director Charly Angadicheril;Assistant Director Christa Lopez-Reynolds; Senior Assistant City Attorney STANDARD TRUCKING RATES UNITED STATES Source: FreightWaves.com Reference: https://wwNv.fieightwaves.coin/news/understanding-total-operating camper-mile Average operating expenses for a carrier on a per mile basis: Expense Category Low Range High Range Driver Compensation $0.48 per Mile $0.83 per Mile Fuel $0.40 per Mile $0.55 per Mile Equipinent Financing $0.00 per Mile $0.40 per Mile Maintenance $0.09 per Mile $0.40 per Mile Insurance $0.06 per Mile $0.18 per Mile Variable Driving Expenses $0.01 per Mile $0.09 per Mile Non-Driver Compensation $0.06 per Mile $0.30 per Mile Fixed Overhead $0.06 per Mile $0.30 per Mile Total $1.16 per Mile $3.05 per Mile City of Fort Worth, Texas Mayor and Council Communication DATE: 05/05/20 M&C FILE NUMBER: M&C 20-0318 LOG NAME: 60VCWRF SETTLEMENT-RENDA ENVIRONMENTAL SUBJECT Authorize the Execution of a Settlement Agreement with Renda Environmental, Inc.for Claims Associated with the Village Creek Water Reclamation Facility Solids Dewatering, Processing and Disposal Program and Gas Turbine Operations and Maintenance Contract,City Secretary Contract No.30908,in the Amount of$252,789.59(COUNCIL DISTRICT 5) RECOMMENDATION: It is recommended that the City Council authorize the execution of a Settlement Agreement with Renda Environmental, Inc.for claims associated with the Village Creek Water Reclamation Facility Solids Dewatering, Processing and Disposal Program and Gas Turbine Operation and Maintenance Contract,City Secretary Contract No.30908, in the amount of$252,789.59. DISCUSSION: City Secretary Contract No. 30908-E1A1 extended the contract term of the Village Creek Water Reclamation Facility Solids Dewatering, Processing,and Disposal Program and Gas Turbine Operation and Maintenance Contract to March 31,2020. This contract extension included a provision that if biosolids are required to be hauled more than 60 miles from the plant,then the parties agree to negotiate an equitable adjustment. Beginning in the fall of 2018 and extending into the spring of 2020,several periods of extended rain resulted in large stockpiles of dewatered biosolids at the dewatering facility. Stockpiled biosolids generally emit more odor when land applied,so the mutual decision was made to haul the stockpiled material further,beyond the 60-mile threshold, in order to mitigate odor complaints from the public. The contract also required the Contractor to remove temporary structures and equipment not owned by the City by March 31, 2020. When the Contractor submitted the list of items to be removed to the City,the City objected and claimed ownership of many of the identified items. The removal of several of the disputed items would have negatively impacted the operations of the biosolids dewatering facility. Renda Environmental, Inc. (Rends)also requested a contract adjustment for their efforts to accelerate the removal of all stockpiled biosolids from the dewatering site prior to the transition of the biosolids dewatering operation to a new Contractor,which occurred on April 1,2020. The parties have negotiated in good faith a settlement amount of$252,789.59,as well as the City transferring ownership of a spare lime mixer and silo to Renda Environmental, Inc. as compensation for hauling biosolids beyond the 60-mile threshold, accelerating the removal of stockpiled biosolids prior to the transition of Contract Operations, and for Renda to release any title or ownership rights in the disputed equipment at the dewatering facility. This project is located in COUNCIL DISTRICT 5. A Form 1295 is not required because:This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the recommendation,funds are available in the current operating budget,as appropriated, in the Water&Sewer Fund and that, prior to an expenditure being incurred,the Water Department has the responsibility to validate the availability of funds. Submitted for City Manager's Office by. Jay Chapa 5804 Originating Business Unit Head: Chris Harder 5020 Additional Information Contact: Chris Harder 5020