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HomeMy WebLinkAboutContract 53332-FP1AC Coded 06.04.24 Vendor ID# 0000033769 Vendor Na►ne: Synagro of Texas CDR, Inc Invoice No.: 53332-FPI Invoice Date ## Release Retainage $ 250,000.00 FID 56018-2060000-10196]-RETAIN FORT WORTH WATER DEPARTMENT ENGINEERING AND FISCAL SERVICES NOTICE OF PROJECT COMPLETION CSC No. 53332-FP1 Regarding contract 53332 for the Village Creek Biosolids Management and Beneficial Reuse Project as required by the Water Department and approved by City Council on December 10, 2019 through M&C 19- 0381 the Director of the Water Department, upon the recommendation of the Assistant Director, Capital Projects Delivery, Water Department has accepted the project as complete. Original Contract Price: Amount of Approved Change Orders Revised Contract Amount: Total Cost Work Completed: Less Deductions: Performance Credit: Other Deductions: Total Deduction Amount: Total Cost of Work Completed Less Previous Payments: Final Payment Due: /nL SAS 0 Recommended for Acceptance Assistant Director, Water Department CGII'l.f Oyhel- flGtydEl- Chn stop her Hard Or(Jun 4, 202412:47 CDT Accepted Director, Water Department Asst. City Manager $ 58,001,558.00 $ 178,141.00 No. 3 $ 58,179,699.00 $ 58,179,699.00 0Days$1,000/Day $ 0.00 $ 0.00 $ 58,179,699.00 $ 57,929,699.00 $ 250,000.00 Project Name: Village Creek Biosolids and Beneficial Reuse Project Date of Warranty Start: 1 1/30/2022 6 /3 / 24 Date Jun 4, 2024 Date 7_,.c,_ Date CPN 101961 Date of Final Completion: 4/30/2023 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Synagro of Texas - CDR, Inc. 435 Williams Court, Suite 100 Baltimore, MD 21220 Bill To: City of Fort Worth 200 Texas Street Fort Worth, TX 76102 Attn: Director, Water Department Project: DBOM Village Creek Water Reclamation Facility Biosolids Management and Reuse Construction for City of Fort Worth - Retainage Period 8.14.23 TOTAL REMIT TO: Standard Mail Synagro of Texas - CDR, Inc. c/o Synagro Technologies, Inc. P.0 Box 1367 Albany, NY 12201-1367 Overnight Address KeyBank - Lockbox Ops Attn: Lockbox Synagro of Texas - CDR, Inc. c/o Synagro Technologies, Inc. 555 Patroon Creek Blvd Albany, NY 12206 ACH Bank Name: KeyBank ABA #: 41001039 Account#: 359681613295 Date 4/15/2024 $ 250,000.00 $ 250,000.00 Des; - S(Ail) Tv va.-a bf) -0 IS o5/a vc?� L/f'�-' L �)A - ***This invoice is not Notarized due to the restrictions associated with the COVID-19 ongoing pandemic and the Stay at Home Order placed in Maryland by the Governor. APPLICATION AND CERTIFICATION FOR PAYMENT TO OWNEF City of Fort Worth PROJECT: DBOM Village Creek Water Reclamation Facility 200 Texas Street Biosolids Management and Fort Worth, TX 76102 Reuse ATTN: Director, Water Department FROM CONTRACTOR: Synagro of Texas -CDR, Inc. CONTRACT FOR: CONTRACTOR'S APPLICATION FOR PAYMENT Application is made for payment, as shown below, in connection with the Contract. Continuation Sheet, AIA Document G703, is attached. AIA DOCUMENT G702 PAGE ONE OF APPLICATION NO: 35 Distribution to: X OWNER PERIOD FROM: 2/l/2023 ARCHITECT PERIOD TO: 8/14/2023 CONTRACTOR PROJECT NOS: 101961 CONTRACT DATE: December 30, 2019 NTP January 1, 2020 The undersigned Contractor certifies that to the best of the Contractor's knowledge, information and belief the Work covered by this Application for Payment has been completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Certificates for Payment were issued and payments received from the Owner, and that current payment shown herein is now due. PAGES 1. ORIGINAL CONTRACT SUM $ 58,001,558.00 2. Net change by Change Orders $ 178,141.00 CONTRACTOR: CONTRACT SUM TO DATE (Line 1 t 2) $ 58,179,699.00 fIkK- 4.3. TOTAL COMPLETED & STORED TO $ 58,179,699.00 By: Date: 8/14/2023 DATE (Column G on G703) 5. RETAINAGE: State of: County of: a. 5.0 % of Completed Work $ $ Subscribed and sworn to before me this day of (Column D + E on G703) Notary Public: N/A b. % of Stored Material $ My Commission expires: (Column F on G703) Total Retainage (Lines 5a+5b or $ - Certificate of Design -Build Manager/Engineer of Record Total in Column I of G703) $ 0.00 In accordance with Section 12.2(C.)(6) we hereby certify (1) CURRENT PAYMENT DUE is payable to 6. TOTAL EARNED LESS RETAINAGE $ 58,179,699.00 the Company, (2) that the Company is neither in default under this Service Contract nor in any breach of (Line 4 Less Line 5 Total) any material provision of the Service Contract such that the breach would, with the giving of notice or passage 7. LESS PREVIOUS CERTIFICATES FOR of time, constitute an Event of Default, and (3) that all items applicable to the work entitling the Compnay PAYMENT (Line 6 from prior Certificate) $ 57,929,699.00 to the requested payment undr the schedule in Appendix 12 have been completed in accordance herewith 8. CURRENT PAYMENT DUE $ 250,000. 00 in accordance therewith and with the Design and Construction Requirements, as applicable. 9. BALANCE TO FINISH, INCLUDING RETAINAGE 0.00 (Line 3 less Line 6) AMOUNT CERTIFIED ........... $ S 250,000,00 WER SUMMARY ADDITIONS DEDUCTIONS Total changes approved DESIGN -BUILD MANAGER/ARC=CT OF RECORD in previous months by Owner��� I$96,445.00 � ?c 1 �� Total approved this Month $81,696.00 By: / Date: 8/14/2023 TOTALS $178,141.00 $0.00 This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the $178.141.00 Contractor named herein. Issuance, payment and acceptance of payment are without NET CHANGES by Change Order prejudice to any rights o£the Owner or Contractor under this Contract. Major Milestone Item Engineering NTP Design 30% Design 60% Design 90% Design 100% Design Andritz Design/Engineering/Integration Engineering Coordination During Construction Construction NTP Equipment Procurement Package Design Package # 1 - Piers Mobilization Site Prep Demolition Dryer Building Concrete Sitework Concrete Design Package # 2 - Foundations Mobilization Dryer Building Concrete Sitework Concrete Design Package #3 - Balance of Construction Mobilization Yard Piping Paving Sitework Completion Metals Equipment- Mechanical Equipment- Electrical Equipment - Miscellaneous Equipment Process Piping Building Building Electrical and Instrumentation HVAC Equipment Delivery' Startup/Commissioning Substantial Completion Acceptance CO # 1- Silo Obstruction Lighting Special Services NTP Phase Permit Permits' Approved Submittals' 0&M Manuals CO # 2 - Air Permit Amendment - DigesterGas TOTAL WORK COMPLETED This Application Previous Total Completed Percent Scheduled Applications Work In Place I Stored Materials and Stored To Date Complete Balance To Finish Retainage Value $ 7,127,441.32 7,127,441.32 7,127,441.32 100% 250,000.00 250,000.00 250,000.00 100% 824,701.97 824,701.97 824,701.97 100% 752,847.00 752,847.00 752,847.00 100% 752,847.00 752,847.00 752,847.00 100% 377,616.00 377,616.00 377,616.00 100% 3,234,726.35 3,234,726.35 3,234,726.35 100% 934,703.00 934,703.00 934,703.00 100% $ 48,861,338.23 48,861,338.23 - 48,861,338.23 100% - - 896,557.48I 896,557.48 - 896,557.48 100% - - 6,235,000.00 6,235,000.00 - 6,235,000.00 100% - - 835,000.00 835,000.00 - 835,000.00 100% - - 600,000.00 600,000.00 - 600,000.00 100% - - 250,000.00 250,000.00 - 250,000.00 100% - - 3,025,000.00 3,025,000.00 - 3,025,000.00 100% 1,525,000.00 1,525,000.00 - 1,525,000.00 100% 6,457,000.00 6,457,000.00 - 6,457,000.00 100% 907,000.00 907,000.00 - 907,000.00 100% 4,025,000.00 4,025,000.00 - 4,025,000.00 100% 1,525,000.00 1,525,000.00 - 1,525,000.00 100% 35,272,780.75 35,272,780.75 - 35,272,780.75 100% 258,000.00 258,000.00 - - 258,000.00 100% 4,100,000.00 4,100,000.00 - - 4,100,000.00 100% 700,000.00 700,000.00 - - 700,000.00 100% 150,000.00 150,000.00 - - 150,000.00 100% 700,000.00 700,000.00 - - 700,000.00 100% 2,050,000.00 2,050,000.00 - - 2,050,000.00 100% 2,050,000.00 2,050,000.00 - - 2,050,000.00 100% 550,000.00 550,000.00 - - 550,000.00 100% 650,000.00 650,000.00 - - 650,000.00 100% 4,050,000.00 4,050,000.00 - - 4,050,000.00 100% 3,550,000.00 3,550,000.00 - - 3,550,000.00 100% 400,000.00 400,000.00 - - 400,000.00 100% 13,162,981.30 13,162,981.30 - - 13,162,981.30 100% 938,779.00 938,779.00 - - 938,779.00 100% 450,000.00 450,000.00 - - 450,000.00 100% 1,416,575.45 1,416,575.45 - - 1,416,575.45 100% 96,445.00 96,445.00 - - 96,445.00 100% $ 2,190,919.45 2,190,919.45 - - 2,190,919.45 100% - 165,305.00 165,305.00 165,305.00 100% 233,085.75 233,085.75 - - 233,085.75 100% 699,257.25 699,257.25 - - 699,257.25 100% 1,011,575.45 1,011,575.45 - 1,011,575.45 100% 81,696.00 81,696.00 - - 81,696.00 100% $ 58,179,699.00 58,179,699.00 - - 58,179,699.00 100% - FORTWORTH rev 03/05/07 WATER ENGINEERING & FISCAL SERVICES FINAL STATEMENT OF CONTRACT TIME FINAL STATEMENT NO.: NA NAME OF PROJECT: Village Creek Biosolids Management and Beneficial Reuse Project PROJECT NO.: 101961 CONTRACTOR: Synagro of Texas -CDR, Inc. CITY PROJECT PERIOD FROM 04/01/24 TO: 04/30/24 FINAL INSPECTION DATE: 6/8/2022 WORK ORDER EFFECTIVE: I/l/2020 CONTRACT TIME: 1581 0 WD OQ CD DAY OF DAYS REASON FOR DAYS DAY OF DAYS REASON FOR DAYS MONTH CHARGED CREDITED MONTH CHARGED CREDITED DURING DURING 1. 1 16. 1 2. 1 17. 1 3. 1 18. 1 4. 1 19. 1 5. 1 20. 1 6. 1 21. 1 7. 1 22. 1 8. 1 23. 1 9. 1 24. 1 10. 1 25. 1 11. 1 26. 1 12. 1 27. 1 13. 1 28. 1 14. 1 29. 1 15. 1 30. 1 31. SAT, SUN, RAIN, TOO WET, UTILITIES OTHERS* DAYS TOTAL & HOLIDAYS & TOO COLD RELOCATIONS CHARGED DAYS THIS PERIOD 30 30 PREVIOUS 1551 1551 PERIOD TOTALS 1581 1581 TO DATE *REMARKS: 11 days of contract time added by CO2 and 538 days of contract time added by CO3. Stop time 4/30/2024 based on Maximo implementation. 5/24/2024 CONTRACTOR DATE INSPECTOR DATE Capital Projects Deliveq, Water Department The City of Fort Worth • 200 Texas Street • Fort Worth, l'i 76012-6311 (817) 392 - 4477 • Fax: (817) 392 - 8460 CONSENT OF SURETY COMPANY TO FINAL PAYMENT Conforms with the American Institute of Architects, AIA Document G707 PROJECT: (name, address) TO (Owner) F CITY OF FORT WORTH 1000 Throckmorton Street Fort Worth TX 76102 CONTRACTOR: SYNAGRO OF TEXAS - CDR, INC. OWNER ❑ ARCHITECT ❑ CONTRACTOR ❑ SURETY OTHER Bond No ES00000547 ARCHITECT'S PROJECT NO: CONTRACT FOR: Design, Build Operate and Maintain Village Creek Water Reclamation Facility Biosotids Management and Beneficial Reuse - 101961 J CONTRACT DATE: 12/20/2019 In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (here insert name and address of Surety Company) EVEREST REINSURANCE COMPANY PO Box 830 Liberty Corner NJ 07938-0830 , SURETY COMPANY on bond of (here Insert name and address of Contractor) SYNAGRO OF TEXAS - CDR, INC. 435 Williams Court, Suite 100 Baltimore 21220 , CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligations to (here Insert name and address of Ownerl CITY OF FORT WORTH 1000 Throckmorton Street Fort Worth TX 76102 , OWNER, as set forth in the said Surety Company's bond. IN WITNESS, WHEREOF, the Surety Company has hereunto set its hand this Attest: Filipe Ramos (Seal): 21st day of March, 2023 EREST REINSURANCE COMPANY e Company �n Signature of Authorized Repr tative Francesca Kazmierczak Attorney -in -Fact Title NOTE; This form is to be used as a companion document to AIA DOCUMENT G706, CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS, Current Edition ONE PAGE & everest" POWER OF ATTORNEY EVEREST REINSURANCE COMPANY KNOWALL PERSONS BY THESE PRESENTS: That Everest Reinsurance Company, a corporation of the Stale of Delaware ("Company) having its principal office located at 100 Everest Way, Warren, New Jersey, 07059, do hereby nominate, constitute, and appoint: Sandra Diaz, Peter Healy, Jennifer L. Jakaitis, Francesca Kazmlerczak, Aklima Noorhassan, Frances Rodriguez, Susan A. Welsh, Pablo Garcia Horcajo, Anne L. Potter, Valorle Spates, Beverly A. Woolford, Kernel Brkanovlc, Martha Gaines its true and lawful Atlorney(syin-fact to make, execute, attest, seal and deliver for and on its behalf, as surety, and as its act and deed, where required, any and all bonds and undertakings In the nature thereof, for the penal sum of no one of which is in any event to exceed UNLIMITED, reserving for Itself the full power of substitution and revocation. Such bonds and undertakings, when duly executed by the aforesaid Attomey(s)-in-fact shall be binding upon the Company as fully and to the same extent as If such bonds and undertakings were signed by the President and Secretary of the Company and sealed with Its corporate seal. This Power of Attorney Is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Board of Directors of Company ("Board') on April 21, 2016: RESOLVED, that the President, any Executive Vice President, and any Senior Vice President are hereby appointed by the Board as authorized to make, execute, seal and deliverforand on behalf of the Company, any and all bonds, undertakings, contracts orobligations in surety orco-surety with others and that the Secretary or anyAssistant Secretary of the Company be and that each of them hereby is authorized to attest to the execution of any such bonds, undertakings, contracts or obligations in surety or co -surety and attach thereto the corporate seal of the Company. RESOLVED, FURTHER, that the President, any Executive Vice President, and any SeniorVice President are hereby authorized to execute powers of allomey qualifying the attorney named in the given power of attorney to execute, on behalf of the Company, bonds and undertakings in surety orco-surety with others, and that the Secretary or any Assistant Secretary of the Company be, and that each of them is hereby authorized to attest the execution of any such power of attorney, and to allach thereto the corporate seal of the Company. RESOLVED, FURTHER, that the signature of such officers named in the preceding resolutions and the corporate seal of the Company may be affixed to such powers of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate beating such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond, undertaking, contract or obligation in surety or co -surety with others to which it is attached. IN WITNESS WHEREOF, Everest Reinsurance Company has caused their corporate seals to be affixed hereto, and these presents to be signed by their duly authorized officers this 1 V day of February 2023. r �C+l Everest Reinsurance Company SEAL « By: Anthony Romano, Senior Vice President On this 150, day of February 2023, before me personally came Anthony Romano, known to me, who, being duly swom, did execute the above instrument; that he knows the seal of said Company; that the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto; and that he executed said instrument by like order. LINDA ROBINS Notary Pu blic, State of New York// No 01R06239736 Qualified in Queens County f Term Expires April 25, 2027 Linda Robins, Notary Public I, Nicole Chase, Assistant Secretary of Everest Reinsurance Company do hereby certify that I have compared the foregoing copy of the Power of Attomey and affidavit, and the copy of the Section of the bylaws and resolutions of said Corporation as set forth In said Pourer of Attomey, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATION, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, this 21 St day of March 2023. epsuraryeP � w SEAL J'• y /y� 1973 W -a W\VARY' � * By: Nicole Chase, Assistant Secretary ES 00 01 04 16 AFFIDAVIT I, John Goodwin, hereby affirm on behalf of Synagro of Texas -CDR, Inc., as its Senior Vice President, Engineering, and not personally, as follows: 1. All payments to all vendors performing design, equipment supply and construction services in connection with the permitting, construction, testing and placement into operation of the Biosolids Processing Facility Capital Improvements for the City of Fort Worth, Texas, funded through the Texas Development Water Board's (TWDB) clean water state revolving fund program have been made. 2. There remains no outstanding invoices from, or amounts payable to, any vendor performing design, equipment supply or construction services in connection with the permitting, construction, testing and placement into operation of the Biosolids Processing Facility Capital Improvements for the City of Fort Worth, Texas, funded through the TWDB. I hereby declare that the above statements are true and correct to the best of my knowledge and belief 9%?` /zG2�� S�gn ture Date ` 1 Subscribed and sworn to before me thi day of /�� 2024. Notary Public, My Commission Expires: CONSTANCE A. REYNOLDS NOTARY PUBLIC ANNE ARUNDEL COUNTY MARYLAND My Commleaion Expires 09-06-2027 SYNAGRO YOUR PARTNER FOR A CLEANER, GREENER WORLD Steven L. Nutter, REM, CEA Environmental Program Manager Village Creek Water Reclamation Facility Plant Operations Division Fort Worth Water Department Subject: Final Completion — Warranty Letter Dear Mr. Nutter: April 29, 2024 Submitted via email and BIM360 Synagro of Texas -CDR, Inc. (Synagro) is providing this written notice to the City to document the warranty period according to Article X, Section 10.18 of the Service Contract. Warranty started on Acceptance Date (November 30, 2022) and remained in effect for a period of one year following the Acceptance Date. Should questions arise, please contact me at (443) 442-4213 or bvairavan@svnagro.com. Sincerely, Synagro Bala Vairavan Synagro Attachments cc: John Goodwin, Synagro of Texas -CDR, Inc. Suzanne Abbe, City of Fort Worth Mark Martinez, Synagro of Texas -CDR, Inc. SYNAGRO YOUR PARTNER FOR A CLEANER, GREENER WORLD Steven L. Nutter, REM, CEA Environmental Program Manager Village Creek Water Reclamation Facility Plant Operations Division Fort Worth Water Department May 17, 2024 Submitted via email Subject: Releasing Final Retainage — Project Acceptance Letter Biosolids Management and Beneficial Reuse Texas Water Development Board (TWDB) Clean Water State Revolving Fund Program City Project No. 101961 Dear Mr. Nutter: Synagro of Texas -CDR, Inc. (Synagro) is providing this letter to certify that the above referenced project has been completed according to the approved plans and specifications. Should questions arise, please contact me at (443) 442-4213 or bvairavan@svnagro.com. Sincerely, Synagro Bala Vairavan Sr. Project Engineer/Director of Capital Projects Synagro Attachments cc: John Goodwin, Synagro of Texas -CDR, Inc. Suzanne Abbe, City of Fort Worth Mark Martinez, Synagro of Texas -CDR, Inc. FORTWORTH MAY 20, 2024 BALA VAIRAVAN DIRECTOR, CAPITAL PROJECTS SYNAGRO OF TEXAS -CDR, INC. 435 WILLIAMS COURT, SUITE 100 BALTIMORE, MD 21220 RE: PROJECT ACCEPTANCE Mr. Vairavan, Conditional Acceptance of the Biosolids Processing Facility Capital Improvements was obtained on November 30, 2022 (see Attachment A). A series of final inspections were conducted with punch list items being generated beginning March 1, 2022 and ending September 20, 2022. Punchlist items were completed November 8, 2022 with additional site cleaning and fence repair completed by March 27"', 2023. The facility's air permit modification was completed and then submitted to the City on September 21, 2023. The City will continue working with Synagro on Maximo Implementation. The project has been completed according to the approved plans and specifications (see Attachment B) and is therefore accepted by the City. If you have any questions concerning this letter then please feel free to contact me at (817) 392-4965. Sincerely, Steven L. Nutter Environmental Program Manager Plant Operations Division Fort Worth Water Department Enclosure WATER DEPARTMENT PLANT OPERATIONS DIVISION THE CITY OF FORT WORTH * 4500 WILMA LANE * ARLINGTON, TEXAS 76012 (817) 392-4960 * ADMINISTRATION FAX (817)392-4957 cc: John Goodwin P.E; Sr. Vice President, Synagro Mark Martinez; Plant Manager, Synagro Suzanne Abbe, P.E. Senior Engineer Project File CONDITIONAL ACCEPTANCE LETTER MARCH 14, 2023 FORTWORTH MARCH 14, 2023 BALA VAIRAVAN DIRECTOR, CAPITAL PROJECTS SYNAGRO OF TEXAS -CDR, INC. 435 WILLIAMS COURT, SUITE 100 BALTIMORE, MD 21220 RE: ACCEPTANCE — BIOSOLIDS PROCESSING FACILITY CAPITAL IMPROVEMENTS Mr. Vairavan, A review of the City's records shows the following timeline associated with the Acceptance Date of the Biosolids Processing Facility Capital Improvements: • Notice to Proceed — January 1, 2020. Acceptance Date established as June 30, 2022. • Change Order #1 (August 27", 2021) — Acceptance Date moved to July I1", 2022 because of winter weather. Final Completion moved to November 9', 2022. • City letter granting Substantial Completion — June 7'1, 2022. • City letter dated June 140', 2022 — Acceptance Date moved to July 22"d due to delays associated with natural gas supply. • Commencement of Acceptance Testing — June 2811, 2022 • City letter dated August 151, 2022 (see attached) — Acceptance Testing to be completed by September 12", 2022 (new Acceptance Date Deadline). Final Completion Deadline established as November 24'1, 2022, • Air permit stack testing performed August 30'11 — September 151, 2022 • Closed loop cooling system in service — October 4"', 2022. • Plate clarifier performance testing conducted November 14" — 30"1, 2022. • Revised Acceptance Test Report submitted to the City - January 30'1, 2023 The following actions have been taken and/or remain outstanding in regards to Acceptance: • Pending — obtaining an air permit amendment from TCEQ for facility emissions. An application for the amendment was submitted to TCEQ for expedited review (January 30"', 2023). WATER DEPARTMENT PLANT OPERATIONS DIVISION THE CITY OF FORT WORTH * 4500 WILMA LANE * ARLINGTON, TEXAS 76012 (817) 392-4960 * ADMINISTRATION FAX (817)392-4957 Pending - full Maximo implementation as required by the Performance Guarantee for O&M Reliability (Contract — Technical Appendix 3.6). • Pending - submittal of a "no default certification" as required by the contract - Section 11.2(B)(4). • Pending — Contract Section 11(2)(C), certification by the Company that all performance standards have been achieved The City is willing to grant conditional Acceptance while the air permit amendment is being reviewed and processed by TCEQ. Please note that once the air permit amendment is issued Synagro will have sole responsibility to provide any process, material, labor or equipment upgrades that are needed to meet permit condition. Based on the information above the City has determined that the Acceptance Date was achieved on the last day of performance testing activities (November 30t", 2022). The November 30" date constitutes 79 calendar days beyond the September 120' deadline established in the City's August lst letter. That same letter also stipulated a November 20' deadline for achieving Final Completion as defined in Section 10.21 of the contract. The following summary lists the outstanding items associated with Final Completion: • Pending - Submittal of all deliverables, including equipment warranties and manuals; • Pending - Spare parts inventory; • Pending - Clean up and removal of all construction materials and debris; • Pending - Affidavit of payment of claims; • While not required by contract, please include a consent of surety for retainage release as this will be needed for final payment; • While Maximo implementation is part of the Performance Guarantee for O&M Reliability, and thus a requirement for obtaining Acceptance, the City is willing to defer this obligation to a condition for Final Completion. The City is requesting prompt submittal and completion of all outstanding items associated with facility Acceptance and Final Completion as this will affect the project closeout timeline and release of retainage. Furthermore the contract authorizes the City to assess performance credits for failure to achieve Final Completion. If you have any questions concerning this letter then please feel free to contact me at (817) 392-4965. Sincerely, Steven L. Nutter, REM, CEA Environmental Program Manager Plant Operations Division Fort Worth Water Department Enclosure: City Letter Dated August 1", 2022 cc: Andrew Bosinger; Vice President, Synagro John Goodwin P.E; Sr. Vice President, Synagro Mathew Busch; Sr. Vice President, Synagro Bala Vairavan P.E; Director Capital Projects, Synagro Mark Martinez; Plant Manager, Synagro Chris Harder P.E.; Water Director Shannon Dunne; Water Assistant Director James McDonald; Sr. Capital Projects Officer David Townsend, P.E. Engineering Manager Suzanne Abbe, P.E. Senior Engineer Project File AUGUST 1, 2022 BALA VAIRAVAN DIRECTOR, CAPITAL PROJECTS SYNAGRO OF TEXAS -CDR, INC. 435 WILLIAMS COURT, SUITE 100 BALTIMORE, MD 21220 RE: ACCEPTANCE TESTING & OPERATING CHARGE Mr. Vairavan, The City has been monitoring dryer facility operations and ongoing construction activities during the 30-Day Acceptance Test period which began on June 28, 2022. While encountering some initial problems during the first two weeks of testing, the solids treatment train has become much more consistent in regards to treating Village Creek's feedstock as well as producing a Class A pelletized product. The City appreciates the hard work of Synagro and its subcontractors on the construction side of the project as well as the ongoing efforts of the operations and maintenance team. While the solids treatment train is now producing more consistent results, the entire Biosolids Processing Solution has not been operational during the contractually mandated 30-Day Acceptance Test period. As such additional testing is needed to validate the solids treatment train and support systems. Additional testing will cover all systems associated with the Biosolids Processing Solution, including the following: ® Continue to demonstrate that the solids treatment train can consistently process the feedstock from Village Creek and produce a Class A product; ® Bring the closed loop cooling system online to operate as designed, and as a result eliminate discharges to the Peak Flow Basin; ® Validate the performance of the plate clarifier wastewater treatment system ® Implement improvements to facilitate wastewater conveyance from the dryer facility to the ponds, with the purpose of eliminating overflows fi•om manholes and air vents; ® Finish work to enclose the centrifuge room so that the room's odor control system can be fully validated; ® Finish startup activities associated with the pellet oil system, and demonstrate that this system will operate on a consistent basis. ® hiclude TCEQ stack testing activities that are currently scheduled before the end of August 2022. WATER DEPARTMENT PLANT OPERATIONS DIVISION THE CITY OF FORT WORTH * 4500 WILMA LANE * ARLINGTON, TEXAS 76012 (817) 392-4960 * ADMINISTRATION FAX (817)392-4957 As stated in the contract it is important that all systems associated with the Biosolids Processing Solution be fully tested for 30 continuous days. Furthermore the 30-Day Acceptance Test needs to be completed by September 12111, 2022, with final completion obtained no later than November 24, 2022. Synagro has already developed a plan and a schedule to correct the deficiencies described above — please continue to expedite work on these systems and bring these units online as soon as possible. This letter serves to accept and formalize the schedule dates listed above, without the need for a change order or amendment to the contract. We would like to reiterate that we understand that delays and some system failures are inevitable during startup and testing of a new facility; however, by contract the timelines have already been exceeded for this work. We present the above dates as firm and final extensions and that further delays exceeding them associated with the completion of Acceptance Testing need to be avoided or we will be forced to implement the penalty provisions of the contract related thereto. As the solids treatment train is now showing consistent results, Synagro will be reimbursed at the contractual rate of $169.51 per dry ton effective July 2811, 2022. Please feel free to contact me at (817) 392-4965 if you have any questions. Sincerely Steven L. Nutter, REM, CEA Environmental Program Manager Plant Operations Division Fort Worth Water Department cc: Dick Zink, Synagro of Texas -CDR, Inc. Eduardo Prospero, Synagro of Texas -CDR, Inc. David Townsend, P.E. Engineering Manager Suzanne Abbe, P.E. Senior Engineer Project File I_�t _« 20 JACOBS PROJECT REVIEW & APPROVAL ON ,jacobs 777 Main Street Fort Worth, TX United States T + 1.817.735.6000 May 2, 2024 Steven L. Nutter Environmental Program Manager Plant Operations Division Fort Worth Water Department Village Creek Water Reclamation Facility 4500 Wilma Lane Arlington, TX 76012 Subject: Village Creek Water Reclamation Facility Biosolids Management and Beneficial Reuse Project Dear Steve, The above referenced project was constructed by Archer -Western (Contractor) and inspected by City of Fort Worth staff. Jacobs provided detailed review of the construction documents during the design phase of the project, weekly construction observation, submittal review, and contract document review during construction. To the best of my knowledge and belief, the project was constructed in accordance with the plans and specifications reviewed by the Texas Water Development Board (TWDB) and in compliance with 30 TAC § 217; the construction is now complete. If you need any further information on this project, please do not hesitate to contact me at 214- 755-1344 or via email at Timothy. Lyons@jacobs.com. Sincerely, Jacobs P Timothy A. Lyons, P. E. Project Manager Copies To: Suzy Abbe, P.E.