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Contract 39729
KRUGER Mr. S. Frank Crumb, P.E. Water Director, City of Fort Worth 1000 Throckmorton Street, Fort Worth, Texas 76102 Subject: Fort Worth Village Creek WWTP HRC Process Performance Test Report Kruger Project 42439708 Fort Worth, TX Settlement Agreement Dear Mr. Crumb: ��TY SECRETgRy2Q CONTRACT NO..._l.LZ� January 4, 2010 In order to memorialize the settlement agreement reached during the conference call on June 26, 2009 between the City of Fort Worth, CDM, and Kruger we are submitting this letter for your signature and City Council approval. As has previously been acknowledged, reaching an agreement of the testing and performance issues has not been easy but in the end we reached a settlement that is fair and reasonable for all parties. In consideration of full and complete settlement of our remaining obligations for the subject project, it has been agreed that Kruger will pay the City of Fort Worth a cash settlement of $25,000 in addition to supply of the chemical feed equipment detailed in our letter to CDM dated 4/1/2009 (attached). Additionally, we will provide onsite startup and programming services not to exceed one trip, five days, and two people. As agreed we are proceeding with purchase between the City of Fort Worth, CDM, and Kruger of the chemical feed equipment and upon our receipt of a signed acceptance of this agreement, we will make a payment of the $25,000 to the City of Fort Worth. Sincere) , Ken M. Hunt Vice President of Operations I. Kruger Inc. See page 2 attached for formal agreement acceptance signatures Kruger Inc. 401 Harrison Oaks Clvd. Suite 100 Cary, NC 27513 USA Tel: 919-677-8310 •Fax: 919-677-0082 Web site: www.krugerusa.com OFFICIAL RECORp CITY SECRETARY FT. WORTH, TX ©VEOIIA WATER Solutions &Technologies City of Fort Worth/Kruger Inc January 4, 2010 Page 2 Settlement Agreement Letter Nothing contained herein shall be deemed to amend or modify any other agreement, except as expressly set forth herein. As evidenced by signature below, the parities do hereby agree to the terms of this letter agreement. ATTEST: Marty Hendf�c City Secretary Authorization: APPROVED AS TO F AND LEGALITY: Amy Jti m�ey Assistant it Attorney CITY OF FORT WORTH Fernando Costa Assistant City Manager APPROVAL RECOMMENDED: S. Frank Crumb, P.E., Di Water Department I. KRUGER Ken M. Hui nt Vice President of Operations OFFICIAL RECORD CITY SECRETARY FT. (NORTH, TX Aprii �, 2ao9 Ms. Amy Robinson, P.E. Camp Dresser McKee 777 Taylor Street, Suite 1050 Fort Worth, TX 76102 Re: High Ra#e Clarified#ion System Chemical Equipment Upgrades Ms• Robinson: during the recent wet weather event testing conducted March 13r14, 20Q9, the ACTIFLO High Rate Clarification (HRC) system met both the required removals for Particulate BOD5 and the required effluent Total BODE limit. The chemical feed rates during this compliance test period were: Coagulant (Ferric Sulfate: 205 mgll_ Polymer: 1.5 mg/L Per the specifications, at a total flow to the HRC of 110 MOD, the f+,llowing chemical feed rates would be required: Coagulant (Ferric Sulfate at 60%active, 1.5 specific gravity); Dose of 205 IIlu requires 1,01Q gaElvns/hr. Polymer (4 gIL makeup solution): ©ase of 1.5 mgll. requires 1,719 gallons/hr. of polymer solution. Kruger would suggest the following additional equipment to allow the HRC system to feed chemicals at the above closes: Coagulant feed: Kruger has consulted with the feed pump manufacturer, and the manufacturer has confirmed that the existing coagukant feed pumps can provide the necessary flow rate following adjustment to the pump VFDs. This can be accomplished with no risk to the existing pump motors, Polymer feed pumps: Kruger would suggest that the existing gear type polymer feed pumps be replaced with two (2) new progressive cavity type feed pumps. The feed pumps shall be sized to provide a maximum flow of 1,000 gallons per hour each. The pumps shall be mounted on the existing slab and will utilize the same local control panel and starters. Kruger Inc. 401 Harrison Oaks Blvd. Suite 100 Cary. NC 27513 USA Tel. 949•fi77-8310 •sax 819 G77-0082 Web site: xnm.krugerusa corn WkTCR Sd�n�sm & TrchrteFpglet I Design details for a similar shed pump are: Model: Moyno 35651 Motor data: 2301460 VAC, 3 phase, 60 Hz, Housing: Cast iron Rotor: 416 SS Stator: NBR (Nitrite) Discharge Pressure: 20 psi Pump Weight: 68 lbs. 1750 RPM; 1.5 HP Polymer preparation system: l�ruger sugges#s the following equipment: o C3ne (1) i50 galEon high�densify cross linked polyethylene (HOX1ePE) day tank, 6' 1" diameter with 2" flanged drain fitting a Two (2) 50 gpm transfer pumps, progressive cavity type Design de#ails for a similarly sized pump are: Model: Moyno 36701 Motor data. 230/460 VAC, 3 phase, 60 Hz, 1750 o Qne (each) high and low level float switches for the day tank The addition of a new single day tank wilt allow the existing sys#em to mix and age polymer, while the new feed pumps will dose the activated polymer from the day tank. The transfer pumps will fill the day tank based upon the float switches located in the day tank. Please feet free to contact me if you have any questions or concerns. Sincerely, Confroy Senior Project Manager I. Kruger, Inc. Cc: Rich diMassimo, Tom Barbee, Jeff Privott, Mats Cotton April 2, 2QQ8 Fart Worth, TX ACTiFLO Chemical Feed Equipment NEW EQUIPE4(IIENT: >^QttlPit�ENT DETAILS G2tlANTtTY TOTAi. COST • 750 gallon, High -Density Cross -Linked Polyethylene (HDXLPE) 1 $ 21953*00 750 gallon day tank • 6' 1" Outer Diameter • 2" Outlet port • 2" Drain port • Open top • Hi h and low level switches • Moyno progressive cavity,. Model # 36701 • 50 gpm capacity • 230/460VAC/3 ph/60 Hz, 2 HP Transfer pump, 50 motor gpm • Cast iron housing 2 Duty $ 8,997400 • 316 SS rotor • NBR (Nitrile) stator • Weight:54lbs • Isolation ball valves (2 per pump) • Local control box with motor starters, HOA switch, disconnect • 1,000gallon/hrcapacity • Moyno progressive cavity, Model # 35651 Polymer metering • 2=460VAC/3 ph/60 Hz, 1.5 pumps HP motor 2 Duty $ 3,729.00 • Cast iron housing • 416 SS rotor • NBR (Nitrite) stator • Discharge pressure: 20 psi e Weight: 54lbs TOTAL NEW EQUIPMENT: (Prices do hat include freigh#} (these prices are good for 90 days) Kruger Inc, 401 Harrison Oaks Bhrd. Suite 100 Cary. NC 27513 USA Tel: 319-677-8310 •Fax: 91�J 677-0082 YVeb site: www.krugerusa.com Q VEOLlA WATER Sofulioa� L izennoln�ies Page I of 2 • ! •1 I'll, Celli COUNCIL ACTION: Approved on 12/1512009 DATE: Tuesday, December 15, 2009 LOG NAME: 60KRUGER REFERENCE NO.: **C-23986 SUBJECT: Authorize an Agreement with I. Kruger, Inc., to Settle a Performance Guarantee Dispute Related to the High Rate Clarification Project at Village Creek Wastewater Treatment Plant Under Which 1. Kruger, Inc., will Provide Equipment, Services and Payment in the Amount of $25,000.00 RECOMMENDATION: It is recommended that the City Council. 1. Authorize the City Manager to execute an agreement with I. Kruger, Inc., to settle a dispute regarding guaranteed performance of equipment installed in the High Rate Clarification Project at Village Creek Wastewater Treatment Plant under which I. Kruger, Inc., will provide equipment, services and a payment in the amount of $25,000.006 and 2. Accept $25,000.OQ from I. Kruger, Inc., to offset the cost of installation of new equipment. DlSCU5S10N: On August 3, 1999, {M&C C-17566) the City Council authorized an Engineering Agreement with Camp Dresser &McKee, Inc., for the design of High Rate Clarification System at Village Creek Wastewater Treatment Plant to treat peak wet weather influent flows. On December 17, 20029 (M&C C-19400) the City Council authorized a construction contract with Archer Western for the construction of the High Rate Clarification System. The construction contract included the purchase and installation of water treatment equipment from I. Kruger, )no., (Kruger) and a performance guarantee of the system to be achieved within three years after installation. The High Rate Clarification System Project construction was complete October 13, 2005. The contract performance guarantee defined effluent water quality for a successful project. Just shortly after construction was complete, a moderate drought began and extended into the third year of the contracted performance testing period, therefore no wet weather events occurred and no testing was possible. The contract included provisions for simulated storm events should a natural event not occur during the contracted three year performance testing period and several simulated storm testing events were conducted. The results of the performance testing indicated that additional dosing of chemicals will be necessary to achieve the guaranteed effluent water quality. The instalied equipment is of insufficient capacity to meet the additional dosages levels. Kruger has offered to provide the equipment necessary to meet the chemical dosages required to meet the efiTuent water quality, in -kind services for programming and optimizing the upgraded system and a payment in the amount of $25,000.00 toward the cost of )nstailing the equipment. The City's Construction Manager, CDM, recommends acceptance of this offer. Staff concurs with this recommendation. http://apps.cfwnet.org/ecouncil/printmc.asp?id=12295&print=true&DocType=Print 12/16/2009 Page 2 of 2 FISCAL INFORMATION I CERTIFICATION: The Financial Management Services Director certifies that the Water Department is responsible for the collection and deposit of funds due to the City. FUND CENTERS: TO Fund/AccountlCenters PE45 511010 0705006 CERTIFICATIONS: Submitted for City Managers Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS 1. 60KRUGER MAP.pdf (Public) 2. FAC Validity.pdf (CFW Internal) $25,000.00 FROM FundlAccauntJCenters Fernando Costa (6122} S. Frank Crumb (8207) Madelene Rafalko (8215) http:/Lapps.cfwnet.org/ecouncil/prinhnc.asp?id=12295&print=true&DocType=Print 12/16/2009