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Home My WebLink AboutContract 42205-A17· STATE OF TEXAS COUNTIES OF TARRANT, DENTON, PARKER AND WISE § § § § ~ITV SECRITARV 4 r1 {i{l5 J1 CONTRACT NO. 1/i -,'1 I AMENDMENT TO CITY SECRETARY CONTRACT NO. 42205 WITH AUi CONTRACTORS, LLC FOR THE RIVERSIDE WASTEWATER TREAMENT PLANT DIGESTER SLUDGE TREATMENT, REMOVAL AND DISPOSAL PROJECT AT GATEWAY PARK THIS AMENDMENT is entered into by and between the City of Fort Worth ("City"), a home- rule municipality in the State of Texas, acting through Fernando Costa, its duly authorized Assistant City Manager, and AUi Contractors, LLC ("Contractor"), by and through B. Douglas Alumbaugh, its duly authorized President. WHEREAS, the City and Contractor, entered into that certain agreement identified as City Secretary Contract No. 42205 for the Riverside Wastewater Treatment Plant Digester Sludge Treatment, Removal and Disposal Project at Gateway Park (the "Contract"); and WHEREAS, in addition to the sludge treatment, removal and disposal of the existing eight digesters at the Riverside Wastewater Treatment Plant, the Contract provided for the treatment of a total of 600,000 gallons of wastewater which was based on a pilot study; and WHEREAS, the City's consultants, Freese & Nichols, Inc. have agreed as shown in Exhibit A, that the Contract underestimated the amount of wastewater found in the remaining digester which needed to be treated; and WHEREAS, the Contractor actually handled and disposed of approximately 4,400,000 additional gallons of wastewater to complete the project; and WHEREAS, the established unit pricing in the Contract did not address the increased sludge handling equipment cost that resulted from the project delays created by the presence of the larger volume of wastewater; and WHEREAS, Freese & Nichols has also determined that the Contractor had to maintain sludge handling equipment onsite an additional 4.8 months as a result of the dewatering impacts to the efficiency of the planned operations; and WHEREAS, after months of negotiations, the City and the Contractor have agreed to increase the Contract payment amount by $256,491.00 to resolve this issue and address the impacts to the contractor 's planned sludge handling operations caused by the excessive water that was encountered in the existing digesters ; and WHEREAS, the City Council approved a contingency fund for this Contract in M&C C-25090 which shall be used for the payment of the $256,491.00; and WHEREAS, the Contractor has r&§~Q..lJ~.upon.~~ution of this Amendment and payment of the $256,491.00, the Contractor er claims for the work performed for this project. RECEIVED DEC 17101~ CITY SECRETARY FT. WORTH, TX i t NOW, THEREFORE, for and in consideration of the mutual co venants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and confessed, the parties hereto agree as follows : I. Section 8: the last sentence of Section 8 shall be amended to read as follows: The agreed upon total Contract amount shall be $6 ,804 ,863.75. II. Settlement of All Claims and Release Upon execution of this Amendment and payment by the City of the additional $256,491.00 to resolve this issue and address the impacts to the Contractor's planned sludge handling operations caused by the excessive water that was encountered in the existing digesters , Contractor agrees that all claims for the performance of work on or related to this project are settled. The Contractor hereby forever releases and waives any other claim which the Contractor or the Contractor's subcontractors may have against the City for work performed under or related to this project. Contractor agrees to provide in a timely manner, all documents requested by the City which the City reasonably deems necessary for the payment of the $256 ,491.00. Contractor agrees that failure to provide such documents shall delay payment by the City of the $256 ,491.00 , until such time as the documents are properl y submitted in form acceptable to the City. III. Other Terms and Conditions. All other terms and conditions of City Secretary Contract No. 42205 shall remain in full force and effect. Executed this ,!11!:day of~, 2013. CITY OF FORT WORTH APPROVL ·-.. L .. . ,um LEGALITY: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX M&C R ~view 7 Page 1 of 2 Official site of the City of Fort Worth, Texas CITY COUNCIL AGENDA FORT WOR TH ~ DATE: CODE: 12/10/2013 C COUNCIL ACTION: Approved on 12/10/2013 REFERENCE NO.: TYPE: **C-26590 LOG NAME: PUBLIC CONSENT HEARING: 60DI GESTERREMOVAL NO SUBJECT: Authorize Execution of an Amendment to City Secretary Contract No . 42205 with AUi Contractors , LLC , in the Amount of $256,491.00 for the Riverside Wastewater Treatment Plant Digester Sludge Treatment , Removal and Disposal Project at Gateway Park , Thereby Increasing the Total Contract Amount to $6 ,804 ,863 .75 (COUNCIL DISTRICT 4) RECOMMENDATION: It is recommended that the City Council authorize the execution of an Amendment to City Secretary Contract No . 42205 with AUi Contractors , LLC , in the amount of $256,491 .00 for the Riverside Wastewater Treatment Plant Digester Sludge Treatment , Removal and Disposal Project at Gateway Park , thereby increas ing the total contract amount to $6 ,804 ,863 .75 . DISCUSSION: On August 2 , 2013 , (M&C C-25090) the City Council approved Riverside Wastewater Treatment Plant Digester Sludge Treatment , Removal and Disposal City Secretary Contract No . 42205 . This contract was for the removal of PCBs and heavy metals from eight digesters located at the former Riverside Wastewater Treatment Plant in Gateway Park . In addition to the sludge removal and disposal operations , the contract provided for the treatment of a total of 600 ,000 gallons of wastewater from the existing eight digesters . The City's consultant , Freese and Nichols , Inc ., provided on-site management during cleanup activities necessary to remove the sludge from the digesters to meet regulatory requirements . The condition of the first digester was similar to what had been anticipated as a result of a pilot study . However, as AUi Contractors , LLC (AUi), began work on the second digester, it became apparent that the amount of water being encountered was far beyond the amount anticipated by the pilot study . Eventually , the source of the water in this digester was identified and eliminated . Unfortunately , AUi continued to encounter highly variable amounts of water in several of the remaining digesters , forcing AUi to adjust the dewatering and water handling operations to compensate for the increase . Ultimately , approximately 4.4 million gallons of additional wastewater was handled and disposed of. While the unit quantities in the contract for dewatering were inc reased in order to cover the excessive amount of water, the established unit pricing did not address the increased sludge handl i ng equipment cost that resulted from the project delays created by the presence of the la rger volume of water. It is Freese and Nichols and Staffs determination that AUi had to maintain the sludge handling equipment onsite an additional 4.8 months as a result of the dewatering impacts to the efficiency of the planned operations . Staff and the consultant have negotiated that the amount it should compensate AUi for the handling of the sludge due to the unanticipated excessive water is $256,491 .00 . AUi has agreed to this amount. This additional amount will be paid for out of the contingency fund as approved by the origina l M&C C-25090. Execution and payment of this amount shall close out the contract and settle all claims by AUi. This project is located in COUNCIL DISTRICT 4 , Mapsco 331Y . httn ://anns.cfwnet.org/co unc il packet/mc _rev iew.asp?ID=l 924 l&counci ldate=l 2/10/20 13 12/18 /20 13 M&C ~.eview ,.. ,r FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budget , as appropriated , of the Water and Sewer Fund. TO Fund/Account/Centers Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: FROM Fund/Account/Centers PE45 245100 0000000 $256,491 .00 Fernando Costa (6122) S . Frank Crumb (8207) Andrew T. Gronberg (8207) ATTACHMENTS 60RIVERS1DEWTPAUICONTRACTORSMAP1 .pdf http://apps.cfwnet.org /co unc il _packet/mc _review.asp?ID = 192 4 1 &council date= 12 /10 /20 13 Page 2 of2 12/1 8/20 13