HomeMy WebLinkAboutContract 25763 r
CITY SECRETARY
'`0NTRACT 'N0.
STATE OF TEXAS §
KNOW ALL MEN" BY THESE PRESENTS:
COUNTY OF TARRANT §
WHEREAS, the City of Fort*Worth, a municipal corporation situated in Tarrant and
Denton Counties,Texas, acting by and through Mike groomer, its duly authorized Assistant City
Manager, hereinafter called "CITY" and-Oscar Renda Contracting, Inc., acting herein by and
through Oscar Renda, its duly authorized President, hereinafter called "CONTRACTOR", made
and entered into City Secretary Contract No. 20283 (the Contract) which was authorized by the
City Council by M&C C-14255R on April 5, 1994 and amended by City Secretary Contract No.
22657 which was authorized by City Council M&C C-15980 on April 19, 19970
WHEREAS, the Contract involves processing services for the following project:
Village Creek Wastewater Treatment Plant
Long-Term Solids Dewatering,Processing and Disposal
Sewer Project No. PS46-070460300020
WHEREAS, it has become necessary to amend said Contract to extend the term of the
Contract,revising the method of unit price adjustment and making other miscellaneous changes
as detailed below.
NOW THEREFORE, City and Contractor, acting herein by and through their duly
authorized representatives, enter into the following agreement,which amends the Contract:
1.
Under the terms of Special Conditions Item D-61 - Option to Renew Contract, the contract is
hereby renewed for a second term of five (5)years. In addition,the City of Fort Worth,at its sole
option, has the right to renew the Contract for two (2) additional five (5) year terms beyond the
second term, provided, that funding for any year of this amendment shall be in accord with the
original terms of City Secretary Contract 20283.
2.
The total cost of the project shall be computed as follows for the second term of the contract:
Pay Item No. 1 For receiving an average of approximately 116.693 tons per day of dry
solids and operating all necessary equipment for dewatering all solids
received and furnishing and applying chemicals or other approved
materials and/or processes to achieve acceptable Class A pathogen and
vector attraction reduction levels, and for transporting and beneficially
using on land, for 365 calendar days per year for five years, complete for
1 I ""';FICIAL RKOW
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C-P AMY
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One Hundred Twenty-Eight Dollars and Seventy-Nine Cents ($128.79 per - -
dry ton.
$128.79 x 212,955 dry tons � $27,427,762.35 or Twenty-Seven Million
Four Hundred Twenty-Seven Thousand Seven Hundred Sixty-Two Dollars
and Thirty-Five Cents.
Pa Item No. 2 CPI Adjustment(As er Item D-60 of this amendment to the Contract)
y J P
Add $2,465,323.65
Total Cost Summary
Pat Item No. 1 $279427,762.35
Pay Item No. 2 2 465 323.65
Total Project $2998939086.00
The remainder of the P a y items shown on Pages B-2 and B-3 (Proposal) as shown on the pages
attached to City Secretary Contract No. 22657 are expressly deleted.
3.
The following changes are made to the Specifications:
A. Section 13001, Paragraph 1.2.A. The end of the first sentence shall be changed to the
:
followin g "average of approximately 233,386 dry pounds (116.693 dry tons).of solids
per day throughout the remainder of the contract."
B. Section 13001, Paragraph 1.2.C. The "Daily Average" shall change from "100 dry tons
per day"to "115.693 dry tons per day."
C. Section 13002, Paragraph 3.1.A. Paragraph 3.1.A. shall be changed to read as follows :
All solids will be rocessed to a minimum of Class A pathogen and vector attraction
P
reduction levels. Contractor shall furnis" h all equipment and apply. all chemicals
necessary o attain the minimum level stated above. No solids shall be disposed of
ary
without meetin g the minimum level based on continued historic level of Village Creek
Wastewater Treatment Plant operations as in the original agreement..
D. Section D Special Conditions, Item D-60, Unit Price Adjustment shall be changed to
read as follows:
The unit p rices which may be charged by the Contractor for the first and subsequent
ears o the second term hereof shall be adjusted upward or downward to reflect changes
y �' f
in the cost o. operations,erations, as reflected by fluctuations in the Consumer Price Index for
2 M C.-KIRRY
Urban Wage Earners and Clerical Workers (All Items unadjusted), as published by the
U.S. Department of Labor, Bureau of Labor Statistics. At the beginning of the first month
of the first year of the second term of the contract the fees shall be increased or
decreased for the ensuing 12-month period in a percentage amount equal to 100 percent
of the net percentage change of the All Items Index (U.S. City Average). The percentage
change for the first year of the second term of the Contract is to be computed as the
difference between the index value for the first fidl month prior to the beginning of the
fifth year of the initial term of the Contract and the index value for the first month prior
to the commencement of the second term of the contract divided by the index value for the
firstfull month prior to the beginning of the fifth year of the initial term of the Contract.
As of the last month of the first year of the Contract and every twelve months thereafter
(the "Rate Modification Date') the fees shall be increased or decreased for the ensuing
twelve-month period in a percentage amount equal to 100 percent of the net percentage
change of the All Items Index (U.S. City Average). All percentage changes are to be
computed as the difference between the index value for the first full month prior to the
commencement of the Contract and the index value for the Rate Modification Date
divided by the index value for the first full month prior to the commencement of the
Contract.
As soon as possible after a Rate Modification Date, Contractor shall send to City a copy
of the Summary Data from the Consumer Price Index News Release for the month prior
to the commencement of the contract available from the U.S Department of Labor,
Bureau of Labor Statistics and a comparative statement setting out the All Items Index:
(i) the index value on the firstfull month prior to the commencement of the Contract; (ii)
the index value on the Rate Modification Date preceding the date of each statement; (iii)
the net percentage change; (iv) the composite percentage change equal to 100 percent of
the net percentage change in the All Items Index (U.S. City.Average); and(v) the increase
or decrease in the unit prices which may be charged by the Contractor. On the next
billing date after the receipt and approval of comparative statement, the City shall pay to
the Contractor or the Contractor shall credit to the City, as the case may be, a lump sum
equal to any increase or decrease applicable to that portion of the current period which
has elapsed and, thereafter, the unit prices charged by the Contractor shall be modified
to reflect any change until a different comparative statement is received and approved by
the City.
Adjustments to unit prices will only be made in units of hundredths of a dollar;fractions
of a cent will not be considered in making adjustments. The adjustments shall be limited
to three and one-half percent (3-1/2%) per year over the most recently prevailing unit
prices, not to exceed fifteen percent 0 S%) of the initial unit price over the five-year term
of the contract.
The Contractor hereby agrees to accept payments adjusted in this manner as full
compensation for services rendered
VKMAI L kITO'KA&
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The City may, upon reasonable notice to Contractor, examine the books and records of
Contractor that relate to the calculations offees of Contractor.
4.
The M/WBE Goal for the second five (5) year term of the Contract shall be set at 28%
5.
It is expressly agreed that the City must approve, in writing, any disposal method other than land
application or beneficial reuse of bisolids on the Earthsoil Products Wood Recycling Facility.
For any alternative method other than the above,the City and Contractor shall negotiate a revised
unit price for the disposal of biosolids if the alternative method involves a significant amount of
biosolids. If the City and the Contractor are unable to agree on a revised unit price for the
biosolids to be disposed of in an alternative method, the alternative method shall not be
approved. For the purposes of this agreement "a significant amount" is defined as 5% of the
average monthly production based on the previous twelve (12) -month average.
6.
The Contractor, at his expense, shall perform various maintenance tasks in the Sludge Only
Landfill needed to maintain the overall facility function and capability of said facility, including:
A. Dredge existing storm water and effluent ponds to original plan grade.
B. Clear remaining waterways and isolated areas of secondary growth.
C. Re-grade southwest levee area.
D. Clean out and grade southern creek along levee.
E. Repave access roads and upgrade site drainage problem areas.
F. Fill and re-seed wash areas in existing levees.
7.
Bonds and Insurance: The bond and insurance requirements contained in Addendum 2, page 3,
Item 2-2 and reference General conditions, paragraph C3-3.7 of the Contract Documents shall
remain in force with the exception that the amount of the payment and performance bonds shall
be increased to five million dollars ($5,000,000) for each year of the contract extension.
8.
All other provisions of the Contract, which are not expressly amended herein, shall remain in full
force and effect.
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4
IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be
signed in quintuplet in its name and on behalf, by its Assistant City Manager and attested by its
City Secretary, with the Corporate Seal affixed, and the Contractor also has properly executed
this instrument in quadruplet copies each of which is deemed an original.
EXECUTED in the City of Fort Worth,this 16'k day of 20004P
• City f F rt Wo Oscar R a ontract' , Inc.
By: By:
Mike Groom S e Bowm
Assistant City Manager ice Presid nt
Approved as to Form: Attest:
cN
Assi t City Attorney ss,r n Corporate Secretary
Attest:
City Secretary
Contract Authorization
C"SEC,Imff
5 170 KHRINI a
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City of Fort Worth, Texas
Sri a� and ounce( om�»un�cAtion� � C C
DATE REFERENCE NUMBER LOG NAME PAGE
1/25/00 CA 7834 60810 1 of 3
SUBJECT EXERCISE THE FIVE YEAR RENEWAL OPTION TO THE SOLIDS DEWATERING,
PROCESSING AND DISPOSAL CONTRACT WITH OSCAR RENDA CONTRACTING,
INC. FOR THE VILLAGE CREEK WASTEWATER TREATMENT PLANT; ADJUSTMENT
OF CPI CALCULATION; AND EXTENSION OF CONTRACT BY TWO ADDITIONAL
FIVE-YEAR OPTION PERIODS
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute afive-year renewal to the Solids Dewatering, Processing
and Disposal contract with Oscar Renda Contracting, Inc. City Secretary Contract (No. 20283), with
adjusted quantities to reflect actual daily solids production and an amended annual CPI calculation;
and
2. Add two additional five-year renewal options to the term of the contract, such options being at the
City's sole discretion.
DISCUSSION:
On April 5, 1994 (M&C C-14255R), the City Council authorized execution of a Solids Dewatering
Processing and Disposal contract with Oscar Renda Contracting, Inc./Agronomic Management Group,
Inc. (ORCIAMG) at the Village Creek Wastewater Treatment Plant.
During the initial term of the contract, the contractor operated without. interruption and in full regulatory
compliance. In addition to the contractor's satisfactory performance, the cost of dewatering, processing
and disposal is among the lowest in the nation, according to a recently completed nation-wide survey of
biosolids management practices..
In five years, the contractor has beneficially reused over 192,000 Dry Tons of biosolids by land
application on area farm and ranch lands, averaging 114.64 Dry Tons per day of beneficial use of
biosolids. The program continues to expand in Tarrant County and eleven surrounding counties. More
than 55,000 acres of land are registered and noticed through the state (TNRCC)for the program.
As a result, staff recommends renewal of the Long-Term Solids Dewatering, Processing and Disposal
contract with ORC/AMG with the following terms:
1) A five-year agreement at the current cost of $128.79/Dry Ton, plus an annual CPI adjustment;
2) An amended annual CPI calculation, from the composite of 40% of the net percentage change
of the All Items Index (U.S. City Average) plus 1.0% of the net percentage change of the
Gasoline Index, to 100% of the net percentage change of the All Items Index (U.S. City
Average). This revised adjustment formula will more truly reflect cost adjustments that will keep
up with inflation. The City will be protected from sharp increases since the current yearly and
total contract caps on.price increases (3.5% and 15%, respectively) will not be changed by the
proposed com utation method; and
City of Fort Worth, Texas
a a� and ounc�l a�»�»un*cAtian� C
C
DATE REFERENCE NUMBER LOG NAME PAGE
1/25/00 C-17834 60810 3 of 3 .
SUBJECT -
EXERCISE THE FIVE YEAR RENEWAL OPTION TO THE SOLIDS DEWATERING,
PROCESSING .AND DISPOSAL CONTRACT WITH OSCAR RENDA CONTRACTING,
INC. FOR THE VILLAGE CREEK WASTEWATER TREATMENT PLANT; ADJUSTMENT
OF CPI CALCULATION; AND EXTENSION OF CONTRACT BY TWO ADDITIONAL
FIVE-YEAR OPTION PERIODS
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated,
of the Water and Sewer Fund.
MG:j
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
N"OVED
Mike Groomer 6140 CITY COUNCIL.
Originadnt Department Heads
Dale Fisxler 8207 (from) JAN 2S 2000
PE45 539120 0705002 $2,837,396.00
Additional Information Contact: '` `" �i
Cih S6cr��1 of the
City of Fort�lorth+T°�
Dale Fisseler 8207