HomeMy WebLinkAboutContract 30908-E1A1 CRY SECRETAW
CONTRACT NO. 3JJM I
STATE OF TEXAS §
COUNTIES OF TARRANT, §
DENTON,PARKER AND WISE §
THIS EXTENSION, AMENDMENT AND AGREEMENT TO SETTLE CLAIM,
("Amendment") to City Secretary Contract No. No. 20283 ("Contract") for the City's
Village Creek Wastewater Treatment Plant Long-Term Solids Dewatering, Processing
and Disposal Sewer Project authorized by the City Council by M&C C-14255R on
April 5, 1994; and is made and entered into by and between the City of Fort Worth, a
home-rule municipal corporation in Tarrant, Denton, Parker and Wise Counties, Texas,
acting herein by and through Fernando Costa, its duly authorized Assistant City Manager,
hereinafter called "City", and Renda Environmental, Inc., a Texas corporation, acting
herein by and through Oscar Renda, its duly authorized President, hereinafter called
"Contractor."
WHEREAS, the Contract was amended by City Secretary Contract No. 22657,
authorized by City Council M&C C-15980 on April 19, 1997; later amended by City
Secretary Contract No. 25763, authorized by City Council M&C 17834 on January 25,
2000; then later amended by City Secretary Contract No. 30908, authorized by M&C C-
20131 on June 29, 2004 to add a final five-year option to renew the agreement and to add
operation and maintenance of the gas turbine generation plant at Village Creek
Wastewater Treatment Plant; and further amended by City Secretary Contract No. 31532;
and
WHEREAS, the City Council authorized an amendment to the Contract by M&C C-
25981 on November 12,2012 to extend the Contract until March 31, 2020 and to provide
for the operation and management of the new turbine heat recovery steam generation
system at no additional cost to the City; however that amendment was never executed;
and
WHEREAS, in November of 2012 Renda began experiencing difficulties dewatering the
biosolids delivered from Village Creek Wastewater Treatment Plant; and
WHEREAS, on July 31, 2014, Renda issued a letter to the City shown in making a
formal claim due to the changed conditions resulting in extra chemical,transportation and
land application cost; and
WHEREAS City and Contractor wish to amend the Contract to revise the terms of the
Contract to provide for changed conditions at the Village Creek Wastewater Treatment
rn Plant affecting the Long-Term Solids Dewatering, Processing and Disposal Sewer
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OFFICIAL RECORD
CITY SECRETARY
`'' FT. WORTH,TX
NOW THEREFORE, City, acting herein by and through Fernando Costa, its duly
authorized Assistant City Manager, and Contractor, acting herein by and through Oscar
Renda, its duly authorized president, agree to the terms and conditions amending the
Contract as follows:
1. OPTION TO RENEW CONTRACT
A. Part D"Special Conditions"Paragraph D-61 is hereby amended in its entirety to read
as follows:
At the end of the initial Contract, the City, at its sole option, has the right to exercise
four successive options to renew the Contract, each option being for an additional
period not to exceed five (5) years. The unit prices under the renewal shall be as is
stated in this fourth renewal option agreement.
B. By execution of this Amendment to the Contract, the parties agree to exercise the
fourth and final option to renew the Contract for an additional five(5) years.
C. This Contract shall be retroactively effective on April 1, 2015 and shall terminate at
midnight,March 31,2020.
2. PROJECT CLOSEOUT
Subsection 3.6 "Project Closeout"to Section 01700,"Project Closeout" shall be amended
to delete Section 3.2 (B) "Reconditioning of Filter Presses", as amended by City
Secretary No. 20283-R3 and to amend Section 3.6 to reflect the new extension period as
follows
3.6 SCHEDULE
All project closeout activities shall be complete so as to- allow turnover of operation
of the dewatering facility to the City's successor contractor at 12:00 pm March 31,
2020. Toward that end the Contractor shall prepare a detailed schedule of closeout
activities and submit to the City by January 1, 2015. The schedule will incorporate
the following key dates and activities:
1. The City will issue written notification to the Contractor no later than April I st,
2016 stating whether or not the four original belt presses are to be replaced or
refurbished at the City's expense. Only one original filter press may be removed
from the facility at any given time for reconditioning. This requirement is
contingent on the City implementing a minimum of 6 belt presses to the
dewatering facility.
2. Submit a proposed facility operations training schedule and lesson outline to the
Cityfor approval by January 1, 2020.
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3. Begin two week long transition training on or about February 1, 2020 to include
general operation of the facility.
4. Included in the transition training will be five days of operational and
maintenance training related to the belt presses and dewatering operation.
S. Clean the stormwater lagoon as designated by the City, between March 1, 2019
and March 1, 2020.
6. Remove all temporary structures and equipment not owned by the City at the
project and storage sites by March 31, 2020. The Contractor has the option, with
City's advance written approval, to leave structures or equipment in place.
7. Provide all facility maintenance records as kept by Contractor pursuant to the
terms of the Contract, to the Owner by March 31, 2020 as required in Item D-27.
Records to be provided are limited to the five-year period prior to project close-
out. Records may be provided in digitally scanned, DVD format.
8. Contractor shall provide the City with its maintenance schedule upon request and
shall cooperate with the City's Preventative Maintenance Program and
Contractor shall implement all reasonable upon request into its maintenance
schedule.
9. Provide Record Drawings to the Owner by March 31, 2020 as required in Item
D-56.
10. A final on-site inspection shall be conducted by the Owner after completion of all
closeout activities. Any deficiencies noted during the inspection shall be promptly
addressed by the Contractor to the satisfaction of the City. "Deficiencies"as used
herein shall be limited to cleaning the facility, performance of the required
maintenance and specifically excluding the "like new" requirement and the
replacement of any equipment which has served its useful life.
11. Contractor shall provide a copy of all correspondence and required submittals to
the TCEQ or EPA, or other regulatory agency for any pending or unresolved
issues by March 31, 2020.
3. OPERATION AND MAINTENANCE OF THE TURBINES, HEAT
RECOVERY STEAM GENERATOR, STEAM PIPING SYSTEM AND A
BOILER WATER TREATMENT SYSTEM
As consideration for amending the Contract to provide for and exercise the fourth and
final five (5) year option to renew, Contractor agrees to operate and maintain the Heat
Recovery Steam Generator, Steam Production and Piping System and a Boiler Water
Treatment System installed under the Johnson Controls Inc. (JCI) Phase V and VI-a
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Energy Savings Performance Contract (ESPC) at Village Creek at no additional cost to
the City.
1. Submit a proposed facility operations and maintenance training schedule and
lesson outline to the Cityfor approval by January 1, 2020. Contractor agrees to
perform all operations and maintenance activities as approved by the City and
Contractor prior to final closeout.
2. Begin two week long transition training on or about February 1, 2020 to include
general operation and maintenance ofthe facility.
3. The Contractor agrees to provide or help develop written specifications for the
operation and maintenance of the gas turbines, the heat recovery steam
generator, the steam piping system and the boiler water treatment system. The
Contractor shall submit written documentation to the City by June 1'; 2019
stating whether or not the written specifications still need to be developed for the
systems listed above. If written specifications need to be developed, the
Contractor shall at that time assist the City in developing detailed written
procedures for operation and maintenance of these systems. All written
specifications must be completed and delivered to the City no later than February
1, 2020.
4. The City may decide to develop, implement, and operate under a facility-wide
environmental management sometime during the term of this Amendment. In
regards to the energy systems that are operated and maintained by the
Contractor, the Contractor agrees to partner with the City to develop and
implement the environmental management system.
4. PRICE PER TON OF BIOSOLIDS
A. City agrees to pay Contractor for the full cost of land applying biosolids during
the period of December 1,2014 to March 31, 2015 at the amended rate of$246.20
per dry ton. This shall be performed as follows:
i. Both parties agree that the total dry tonnage land applied was 3,882.81 dry
tons.
ii. Both parties acknowledge that at the time of the execution of this
Amendment, the City has already paid the Contractor for the total tonnage
land applied at a rate of$170.16 for 3,882.81 dry tons.
iii. The City agrees to pay Contractor the difference between the old dry ton rate
(which has already been paid) and the new amended land application rate
(totaling $955,947.82) after the execution of this Amendment equal to
$295,248.87.
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B. The following Bid Items contained in the Contract are amended as follows: For
the period of time of April 1, 2015 until March 31, 2020, the parties agree that
Bid Item No. 2 shall be amended to be:
For receiving an average of approximately 423.2 wet tons per day of 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 by tandem truck only and beneficially using on lana Contractor shall be
compensated Fifty Six Dollars and Eighty Six Cents($56.86)per wet ton.
$56.86 x 423.2wet tons =$24,063.15 Dollars.
5. TRANSPORTATION, HAULING AND LANDFILL DISPOSAL COSTS OF
BIOSOLIDS
A. The parties agree that the Contractor is responsible for the appropriate disposal of the
solids in accordance with Section 13002 of the Contract. The City has agreed to pay
for the cost of dewatering, transportation and disposal of solids which are sent to a
landfill permitted to accept such material, provided the City has given its written
consent to Contractor's disposal at such facility. The Contractor shall be reimbursed
for any landfill tipping fees it incurs through the monthly pay estimates.
B. Section 13002 of Part E "Technical Specifications" Part 3, "Execution" Subpart 3.3
"Solids Disposal"of the Contract shall be amended to include Subsection H to read as
follows:
H. The City shall reimburse the Contractor for those instances when due to mal-
odorous material, not meeting regulatory requirements, or when the City instructs
or gives Contractor written consent to dispose of solids at a licensed landfill. The
cost for disposal of solids shall include tipping fees, transportation and
dewatering costs. The Contractor shall be reimbursed for any landfill tipping fees
Contractor incurs through the monthly pay estimates. If Contractor disposes of
any solids without the City's direction or consent at a landfill, the City shall not
be obligated to pay for such disposal costs. However, if the City refuses the
Contractor's request to landfill disposal and Contractor is subsequently cited by
TCEQ, then the City shall reimburse the Contractor for all fines and legal costs
incurred related to such citation.
C. City agrees to pay Contractor for the full cost of hauling biosolids to the Itasca
Landfill at the City's direction during the period of December 1, 2014 to March 31,at
the Amendment's new wet ton rate.
i. Both parties agree that the total authorized tonnage sent to the Itasca
Landfill was 2191.3 dry tons or 11,896.86 wet tons.
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ii. Both parties acknowledge that at the time of the execution of this
Amendment, the City has already paid Contractor for the total authorized
tonnage hauled to the Itasca Landfill at a rate of $150.66 per dry ton
equal to $330,141.26.
iii. The City agrees to pay Contractor the difference between the dry ton rate
(which has already been paid) and the wet ton rate of $56.86 (totaling
$676,455.46) after the execution of this Amendment equal to
$346,314.20.
iv. For those biosolids hauled and disposed of between April 1, 2015 and
March 31, 2020, at the Itasca landfill or any landfill within 60 miles of
the Plant other than Southeast and Arlington landfills, the City shall pay
the Contractor$56.86 per wet ton.
V. In 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 to the Contract.
D. For those biosolds hauled and disposed of at Southeast and/or Arlington Landfill, the
City shall pay Contractor $56.26 per wet ton throughout the remainder term of this
Contract.
E. For the biosolids disposed of at the Southeast Landfill and the Arlington Landfill
during the time period of December 2014 through March 2015, the parties agree that
the City shall pay Contractor the new Amendment rate for material hauled to the
landfills. Therefore the rate at which Contractor shall be paid for the biosolids
disposed (totaling 1665.23 dry tons) of at the Southeast Landfill and the Arlington
Landfill during the time period of December 2014 through March 2015 shall be
$246.20 per dry ton. The parties agree that the City has already paid Contractor for
the biosolids disposed of at the Southeast Landfill and the Arlington Landfill during
the time period of December 2014 through March 2015 at the previous Contract rate
and the City shall pay Contractor an additional $159,096.08 for the biosolids hauled
to the Southeast and Arlington landfills during this timeframe.
6. FERRIC CHLORIDE FEED SYSTEM
The City agrees to continue to pay for the costs to operate the ferric chloride feed system
approved by Change Order No. 10, through September 2015. City shall pay Contractor
$0.1264 per pound of ferric chloride delivered and a 10% oversight fee for the operation
of the system. The cost to operate the ferric chloride feed system shall not exceed
$825,000.
7. PERFORMANCE BOND
The City agrees that the Contractor is not obligated to maintain a Performance Bond as
required by Part C- General Conditions, C3-3.7a and Paragraph 15 in Notice to Bidders
as of the date of execution of this Amendment.
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8. UNIT PRICE ADJUSTMENT
For the remainder of the Contract period as authorized in by this Amendment Section D-
60 shall be as follows:
The biosolids unit price for land application or landfill disposal for each year of the term
of this Amendment shall be adjusted upward or downward in April of every year to
reflect changes in the cost of operations. The changes shall account for fluctuations in
the Consumer Price Index for Urban Wage Earners and Clerical Workers (US City
Average; All Items; not seasonally adjusted)published by the U.S. Department of Labor,
Bureau of Labor Statistics and also the Diesel Price Index (Midwest No. 2; Monthly
Diesel Retail Prices) published by the Department of Energy, U.S. Energy Information
Administration. The rate adjustment shall be calculated using the following equation:
ABF=BF*(1 + [(CPIC * 0.75)+(DPIC * 0.25)]}
ABF=Adjusted Base Fee(new unit rate)
BF=Base Fee(current unit rate)
CPIC=Consumer Price Index Change(see below)
DPIC=Diesel Price Index Change(see below)
CPIC shall be calculated as the 12 month change in the values of the Consumer Price
Index(CPI)according to the following equation:
CPIC=(CPICuaenty"—CPIpreviousyear)/CPIpmviousYear
CPIc.,,tyear=CPI index value for the month of March of the current year
CPIpmviousvear=CPI index value for the month of April of the previous year
DPIC shall be calculated as the 12 month change in the values of the Diesel Price Index
(DPI)according to the following equation:
DPIC=(DPIcurrentYear—DPlpreviousyear)/DPIpreviousYear
DPIcurre„tY.=DPI index value for the month of March of the current year
DPIpreviousYeu=DPI index value for the month of April of the previous year
Adjustments to the 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 adjustment shall be
limited to three and one-half percent(3.5%)per year over the most recent unit prices,and
shall not exceed fifteen percent (15%) of the initial unit price over the five-year term of
the Contract.
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9. SETTLEMENT AGREEMENT
On July 31, 2014, Contractor issued a letter to the City shown in "ATTACHMENT A"
as, making a formal claim due to the changed conditions resulting in extra chemical,
transportation and land application, and disposal costs.. Contractor has agreed to settle
such claim for an amount of $4,676,199.16. Simultaneous with the execution of this
Amendment,Contractor shall execute the Settlement Agreement and Release as mutually
negotiated by the parties, attached to this Amendment as"ATTACHMENT B".
10. NOT TO EXCEED AMOUNT
The not to exceed amount for this Contract during the fourth renewal term shall be
$62,654,160.84 to include all costs for landfill fees, operation of the ferric chloride
system and all other fees specified herein. Should the not to exceed amount be reached
prior to March 31, 2020, then the parties shall either negotiate a revised not to exceed
amount to reach the end of the Contract term, as amended herein, or mutually agree to
cancel the balance of the Contract. In addition to this amount, the parties agree to settle
Contractor's claim upon payment by the City of$4,676,199.16 as described in Section
10.
11. RENOVAR
Subsequent to the execution of this Amendment,he parties agree to amend City Secretary
Contract No. 31682 between Contractor and Renovar, Arlington, LTD or the supply of
landfill gas to allow Contractor to receive payment for such additional gas at the price
described above and further agrees that payment for additional landfill gas over and
beyond the 24,000 MMBtus which shall be retroactively applied and effective as of
November 12,2012.
12. M/WBE GOAL
Contractor agrees to maintain an M/WBE commitment of twenty percent (20%)
throughout the term of this Amendment.
13. OTHER TERMS AND CONDITIONS
All other terms and conditions of this Contract remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this amendment on this
day of ,2015.
Sios idsEAensionAmendmentand5ettlement
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s
CITY OF FORT WORTH RENDA ENVIRONMENTAL,INC
Fernando Costa b5car Renda
Assistant City Manager President
Recommended By:
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Jo Carman
F kWorth Water Director
ATTEST: WITNESS:
it F®RA
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Mary Kay
City Secretary 8 y
APPROVED AS TO FORM
AND LEGALITY: AS
K_
Christy .Lopez-Reynold)
Senior Assistant City Attorney
C-ca.lag rl
contract Authoriaatioa
I ► s
Date
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
BiosoiidsExtensionAmendmentand5ettlement
executioncopy 9
SETTLEMENT AGREEMENT AND RELEASE
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 Fernando Costa, 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."
II.RECITALS
WHEREAS, the Parties have 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, on November 12, 2012, (M&C C-25981) the City Council authorized an
amendment to the Contract with Renda to extend it five years,to March 31, 2020, and to add the
operation and maintenance of the then new turbine/heat recovery/steam generation system to
guarantee the estimated $900,000.00 annual savings in energy costs. Both parties acknowledge
that the amendment has not yet been executed; and
WHEREAS, in November 2012, Renda began having difficulties processing the
biosolids partially due to the lack of ferric salts in the biosolids delivered to Renda, causing
dewatering and odor issues.
WHEREAS, on July 31, 2014, Renda issued a letter to the City (EXHIBIT A)making a
formal claim due to changed conditions resulting in extra chemical, transportation and land
application costs in an amount of$9,448,971.19;and
WHEREAS,because the City did not agree with the claim amount it hired NewGen
Strategies & Solutions, a third party consultant,to analyze Renda's claim in changed conditions;
WHEREAS,based on the consultant's report and the good faith negotiations with
Renda,the Fort Worth Water Department staff recommends that the City Council authorize a
settlement for the change in conditions of the biosolids processed under the Contract; and
WHEREAS, on or about March 6, 2015, the Parties agreed upon a settled amount of
$4,676,199.16 to completely satisfy Renda's claim for all costs related to changed conditions as
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH TQC
stated in Renda's July 31, 2014 letter, and any and all other claims Renda may have made in
negotiations to the date this Settlement and Release is executed; and
WHEREAS, the Parties mutually wish to reach a full, final and complete resolution of
the claim and potential claims arising from the changed conditions of the biosolids from
November 2012 until the execution of this Settlement and Release and to continue their business
relationship under the terms and conditions of the Contract and renewal and amendment.
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 letter dated July 31, 2014, 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 the change in conditions of the biosolids and the costs related to those changes including
but not limited to chemical,transportation, legal and land application costs .
2. CONTRACT RENEWAL.
Concurrent with the execution of this Settlement and Release, Renda and the City agree
to execute the last renewal option and amendment to the Contract, to be retroactively effective
April 1, 2015 and ending March 31, 2020,to which this Settlement and Release shall be attached
as Exhibit ABoth parties agree that the Contract renewal and amendment addresses and satisfies
the change in conditions in biosolids that Renda complained of in its July 31, 2014 letter, on a go
forward basis, and that all costs related to changed conditions of the biosolids, including but not
limited to those related to chemical, transportation, legal and land application and disposal have
been addressed in the amended methodology for payment to Renda.
CITY OF FORT WORTH,nxAs AND RENDA,INC.SETTLEMENT AND RELEASEExECurioNCOPYRED
Page 2 of 5
3. PAYMENT AND OTHER CONSIDERATION.
City shall pay Renda the sum of$4,676,199.16 on or before June 20„ 2015, as full and
complete satisfaction of Renda's claim against the City for any and all change in conditions of
the biosolids as articulated in Renda's letter dated July 31, 2014, and any and all other claims
made by Renda for conditions or activities related to the Contract occurring from November
2012 until the execution of this Settlement and Release, provided Renda has agreed to and
executed the renewal and amendment to the Contract.
4. 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.
5. 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.
6. NO ADMISSION OF LIABILITY.
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.
7. 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.
8. EFFECTIVENESS.
This Settlement and Release shall become effective immediately following execution by
all of the parties.
CITY OF FORT WORTH,TExAS AND RENDA,INC.SETTLEMENT AND RELEASEEXECunONCOPYnD
Page 3 of 5
9. COUNTERPARTS.
This Settlement and Release may be executed in counterparts (but all counterparts, taken
together, shall constitute only one agreement) and facsimile or electronic copies of signatures
shall be treated as originals for all purposes.
EXECUTED on tJ , 2015.
RENDA ENVIRONMENTAL ,INC. THE CITY OF FORT WORTH
2��4 71��;ZA (:��
Oscar Renda Fernando Costa
President ,s Assistant Ci jY Vanager
Date: ice " Date: G/8 tai
T'
RECOMMENDED FOR APPROVAL
Jo Robert Carman
rt Worth Water Department Director
Approved for form and legality:
&A' & R --&.ItY
Krista k Lopez-Reynolds
Sr. Assistant City Attorney
OR Attest:
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Mary Kayser, ec
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F1C�1S
TEXAS AND RENDA,INC.SETTLEMENT AND RELCASEEXECUnONCOPYUD
Page 4 of 5
CITY SECRETARY
FT.WORTH,'1rX
EXHIBIT"A"
CITY OF FORT WORTH,TEXAS AND RENDA,INC.SETTLEMENT AND RELEASEEXECUTIONCOPYRED
Page 5 of 5
RENDA
*w*m ► ENVIRONMENTAL
July 31,2014
City of Fort Worth Water Department
1000 Throckmorton Street
Fort Worth,TX 76102
Attention:Andrew T.Cronberg, P.E.,Assistant Director,Engineering and Regulatory Services
Subject: Change Order#9 Revision No.2(Change of Conditions)
Long Term Solids Dewatering,Processing and Disposal Contract
Project No. PS46-070460300020,City Secretary Contract#20283(original)
City Secretary Contract#30908(current)
Dear Mr.Cronberg:
As a result of our meeting on July 16,2014, REI has recalculated our COR#9 to reflect the correct amount of 10%
OH&P for additional work.Also,as requested by the City,REI has made projections for budgetary purposes only.
In order to calculate the projections, REI used the current production averages from July 1"'through July 23rd.
Actual impacts will be calculated from McCullough&Associates productivity and trucking formulas submitted in
their letter dated June 13,2014.
REI is applying 10%OH&P to trucking,equipment and consumables.REI had to make certain assumptions to
calculate the projected costs.These assumptions include that the trucking is based on 22 tons per truck load. Our
equipment projections are based on the current usage and amounts and do not include any additional equipment
being added.Our consumable impact is based on the current application rates for lime and polymer and current
material costs.The extended haul cost may change If odor becomes a significant issue and REI is required to
modify normal operations as in 2013.
The table attached does not include legal and professional fees,Struvite damage or the operation and
maintenance of the S"'belt press. Due to the urgency of the situation,REI is requesting a meeting as soon as
possible to finalize the Change Order Request.REI cannot sustain this type of loss each month and needs to resolve
this matter expeditiously.
If you need additional information, I can be reached at 817.403.0386.
2501 GREENBELT ROAD — FORT WORTH,TEXAS 76118-7606 — 817.571.9391 — FAX 817.571.6183
www.rendaenvironmental.com
fix.
Change Order#9 Revision No.2 (Change of Conditions)
21
Sincerely,
RaquelRenda
Attachments: Actual and Projection Cost for long Term Solids Dewatering,Processing and Disposal Contract
cc: S. Frank Crumb, P.E.,Water Director
Sebastain(Buster)Fichera,Assistant Director
Steven Nutter, Environmental Program Manager
David Townsend,P.E. Facilities Engineering Manager
Project File
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Mayor and Council Communication
COUNCIL ACTION: Approved on 5f512015
DATE: Tuesday, May 05, 2015 REFERENCE NO.: C-27287
LOG NAME: 60BIO RENEWAL AMEND 2
SUBJECT:
Authorize Agreement to Extend, Amend and Settle Claim to City Secretary Contract No. 30908 with Renda
Environmental, Inc., for the Village Creek Water Reclamation Facility Solids Dewatering, Processing and
Disposal Program and Gas Turbine Operations and Maintenance Contract Increasing the Contract by
$21,919,056.00 for a Revised Five Year Cost of$67,330,360.00 (COUNCIL DISTRICT 5)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of an Agreement to extend, amend and
settle claim to City Secretary Contract No. 30908 with Renda Environmental, Inc., of the Village Creek
Water Reclamation Facility Solids Dewatering, Processing and Disposal Program and Gas Turbine
Operations and Maintenance Contract increasing the contract by $21,919,056.00 for a revised five year,
from April 2015 to March 2020, cost of$67,330,360.00.
DISCUSSION:
On April 6, 2010, (M&C C-24163) the City Council authorized the third five-year contract renewal of the
Solids Dewatering, Processing and Disposal Program and Gas Turbine Operations and Maintenance
Contract with Renda Environmental Inc. (RENDA) for an estimated total five year cost of
$45,411,304.00. The contract includes the dewatering, processing and disposal of approximately 110 dry
tons per day of bio-solids for the City of Fort Worth and its wholesale customer cities and the operation
and maintenance of two 5.2 megawatt gas turbine generators at Village Creek Water Reclamation Facility
(VCWRF), generating approximately 50 percent of the electricity used onsite.
On November 12, 2012, (M&C C-25981) the City Council authorized an amendment to the Solids
Dewatering, Processing and Disposal Program and Gas Turbine Operations and Maintenance Contract
with RENDA to extend the contract for five years to March 31, 2020 and to add the operation and
maintenance of the then new turbine/heat recovery/steam generation system to guarantee the estimated
$900,000.00 annual savings in energy costs. RENDA agreed to assume operation and maintenance
responsibility of the new equipment and processes at no additional cost. However, that amendment and
extension has not been executed.
RENDA began having problems with de-watering the bio-solids from the VCWRF in November 2012. By
the fall of 2013, this de-watering issue was becoming a major concern. In March 2014, RENDA made a
formal claim due to changed conditions resulting in extra chemical, transportation and land application
costs. The claim demanded payment for bio-solids processed from November 2012 and requested an
increase in the processing/disposal cost of the dry tons of bio-solids for future operations.
Because of the amount of the proposed change order, the Fort Worth Water Department (FWWD)
procured a third party to audit RENDA's financial records from November 2012 to November 2014. After
discussions with RENDA, the final settlement figure for RENDA's additional costs for changing conditions
was $4,676,199.16 for the period of November 2012 to November 2014. Using the settlement figure
Logname: 60BIO RENEWAL AMEND 2 Page 1 of 4
calculated against the total dry tons of bio-solids de-watered, processed and land applied, an additional
cost of$76.04 per dry ton processed was calculated for the period of December 2014 to March 2015. The
$4,676,199.16 settlement will be paid in a lump sum in Fiscal Year (FY) 2015.
As part of the settlement negotiation between RENDA and the FWWD, the parties agreed to amend the
contract payment methodology to allow the change in conditions to de-watering. The change in payment
methodology will change payment of dry tons to payment of wet tons (actual weight of bio-solids de-
watered, processed and land applied, which includes any remaining water). This change would
incentivize the City to provide de-waterable bio-solids to allow maximum dewatering. Under normal
operations this would not represent a cost change. Because of the changed conditions, more of the bio-
solids are having to be disposed of at a landfill. While the City owns Southeast Landfill, it is still
responsible to the City's operator for payment of the landfill tipping fees. Additionally, the Southeast
Landfill can only accept a limited amount of bio-solids. This amendment would allow for the payment by
the City of the additional cost for landfill disposal, including hauling and transportation costs to dispose of
the bio-solids at other landfills. Per the terms of the contract, RENDA has requested that the City amend
the contract to allow for those costs to be paid by the City, along with costs for the operation and
maintenance of the new belt presses.
RENDA is further required to comply with any new regulatory change. The Texas Commission on
Environmental Quality (TCEQ) has now required the City to have and to implement an Odor Control
Plan. Per the terms of the contract, RENDA has requested that the City amend the contract to allow for
those costs to be paid by the City. Therefore, taking into account the changed conditions and the good
faith negotiations made by RENDA and the FWWD, the FWWD recommends that the City Council
authorize a change in the unit price paid to RENDA for dewatering, processing and disposal to now be
$56.86 per wet ton of bio-solids. This amendment will eliminate the requirement for RENDA to maintain a
performance bond and RENDA's contract replacement allowance.
In addition, the CPI Index for Urban Wage Earners and Clerical Workers, used to allow increases in costs
over time, will be modified (75 percent weight) to reflect the costs in the bio-solids processing and disposal
industry, including the Department of Energy's Diesel Price Index (25 percent weight). Also because of
the additional costs incurred, bio-solids hauled to the Itasca Landfill at the City's direction between
December 2014 and March 2015, will be paid at the new wet ton rate.
During the investigation of the inability of the bio-solids to dewater and the odor issues, an engineering
study indicated that the lack of ferric salts was allowing phosphorus to be released which caused
dewatering and odor issues, among others. The plant staff issued Change Order No. 10 (No Cost
Change Order) to install and operate a temporary ferric chloride feed system. The addition of ferric
chloride into the bio-solids before de-watering immediately improved the de-waterability of the bio-solids
and eliminated the odor problems. The current change order ended in March 2015. The plant staff has
requested that the temporary Ferric Chloride Feed System remain in service through September 2015
while the High Rate Clarifier Ferric System is modified to allow a ferric salt feed to the bio-solids. The cost
to keep the Ferric Chloride Feed System in operation through September 2015 is $825,000.00.
In addition, an Agreement between RENDA and Renovar, Arlington, LTD (RENOVAR) for the supply of
landfill gas to VCWRF was amended May 3, 2013, which states RENDA will pay RENOVAR for additional
landfill gas over 24MMBtu at 75 percent of the Index Price provided that the total cost does not exceed
$132,000.00, at which point the City has no obligation to take and/or pay for additional landfill gas unless
approved by City Council. The Staff agrees RENDA should receive payment for such additional gas at the
price described above and further agrees that payment for additional landfill gas over and beyond the
24,000 MMBtus shall be retroactively applied and effective as of November 12, 2012.
A table summarizing all of the additional costs is shown below:
Logname: 60BIO RENEWAL AMEND 2 Page 2 of 4
�Setfttlement Revised Annual
Annual ;Costs
s Other Costs Annual Bio- Additional
Time Costs Landfill Gas
Period (Ferric Feed solids Cost Turbine Purchase Revised � Current Cost of this
System 8 w/F8E Operations i(includes Total Cost Contract Amendment
Landfill fees) Repairs iTier II) Cost
FN -121ov $4,675,199.16 $ 4,676,199.161 $ 4,676,199.16
I
i De 1c 4 �(2)
2,931,486 oto ar $ 975,000 (1) $ 3,906,486 $ 1,400,076 $ 2,506,410
p 3
�Ap 1r
to Sep- $ 150,000 (3) $ 4,391,509 $ 312,018 1$ 762,000 $ 5,615,527 $ 4,044,076 F$ 1,571,451
115
IFY2016 $ 300,000 (3) $ 8,664,508 $ 633,396 1$1,565,760 $11,163,664 $ 8,256,927 $ 2,906,737
,FY2017 $ 300,000 (3) E$8 88 830,791 �$ 652,404 $1 608,768 $11,391,963 �$ 8,638,447 $ 2,753,516
$�$ 300,000 (3FFY2016 )
9,239,095 j$ 671 976 $x-1,6b3,072 $11,864,143 $ 8,964,131 $ 2,900,012
FY2019 $ 300,000 (3) 1$ 9,687,098 $ 692,136 1$1,698,708 1$12,377,942 F$ 9,3� 75,452 $ 3,002,490
FcMar�- $ 150,000 (3) $ 4,960,400 $ 351,180 1$ 872,856 $ 6,334,436 $ 4,732,195 $ 1,602,241
120 i
lTo� tals $7,151,199.16 $48,704,887 $3,313,110 t$61,164 $67,330,360 $45,411,304 $21,919,056.16
F$3,313,110 _._®_ �. �_�
Note (1) Cost for an additional $825,000.00 for the temporary Ferric Chloride Feed System and
$150,000.00 for landfill tipping fees;
Note (2) Cost includes $246.20/dry ton for land applied bio-solids and $56.86/wet ton for bio-solids
delivered to Itasca Landfill; and
Note (3) Cost for landfill tipping fees (other than Southeast Landfill).
Renda Environmental, Inc., agrees to maintain initial M/WBE commitment of 20 percent that it made on
the original Agreement and extend and maintain that same M/WBE commitment of 20 percent to all prior
amendments up to and inclusive of this Amendment No. 4. Therefore, Renda Environmental, Inc.,
remains in compliance with the City's M/WBE Ordinance and attests to its commitment by its signature on
the Acceptance of previous M/WBE commitment form executed by an authorized representative of its
company.
Funding for this contract is budgeted on an annual basis. Additionally, the contract has a funding out
clause that provides that the contract will terminate if the City fails to budget for any year of the option
period.
This project is located in COUNCIL DISTRICT 5 and serves ALL COUNCIL DISTRICTS.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that although costs associated with this action were
not specifically budgeted in the Fiscal Year 2015 budget, appropriations exist to cover this expense from
other sources including salaries and benefits where savings have occurred due to vacant positions and
Logname: 60BIO RENEWAL AMEND 2 Page 3 of 4
the Water Fund's contribution to the Other Post Employee Benefit trust.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
1) PE45 539120 0705008 $4,676,199.16 1) PE45 539120 0705008 $4.676,199.16
CERTIFICATIONS:
Submitted for City Mananer's Office by: Fernando Costa (6122)
Originating Department Head: Andy Cronberg (5020)
Additional information Contact: David Townsend (8430)
ATTACHMENTS
1. 60BIO RENEWAL AMEND 2.pdf (Public)
2. APCF.pdf (CFW Internal)
3. SAM RENDA.pdf (CFW Internal)
Logname: 60BIO RENEWAL AMEND 2 Page 4 of 4