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HomeMy WebLinkAbout1995-01-23 95-94 ORDERCOUNCIL ACTION Item No. 95-96 Date January 23 1995 Item/Subject: Authorizing City Manager to Accept Settlement of City of Bangor Wastewater Treatment Plant Claim - Warranty claim for - Bio£ilter Media. - Responsible Department: Legal Commentary: The City's wastewater secondary treatment plant contains a concrete stack housing eight layers of 2' thick porus vinyl modules that serve as a media for the aerobic organisms that provide the basic eondary" filtering mechanism for the plant. A rotating armature at the top of the stack distributes grey water which then percolates through the Stack, and is partially cleansed in the process. The vinyl modules were supplied to the project under a limited two year warranty by American Surfpac Corporation, in (cont'd) Your approval is recommended. Depax[ment Head e� Manager's Comments:l„a �S-faw �.iJy,rp (o- City Manager Associated Information: Order Budget Approval: Finance Director City Solrcr'tor VU xntroduced For Passage First Reading Referral Page 1 of 3 95-94 -2- accordance with specifications provided by the plant design engineers, CH2M Hill. Approximately one year after the City's acceptance of the original installation, City staff at the treatment plant began to observe apparent deterioration in the outer ring of vinyl modules in the top layer of the stack. The deterioration consisted of pieces of vinyl that would themselves percolate through the stack and show up at the bottom. The deterioration was not observed in other layers in the stack. In that the top layer of the stack is exposed to Bather and to the direct flow of pressurized water from the rotating armature, CH2M Hill's specifications called for this layer to be of extra thickness. When the problem surfaced, however, it was not clear whether it was due to defects in the modules supplied, defective installation, or a deficient design specification and water action by the ree jets on the rotating armature. The problem raised concerns, but not seem to have affected the plant's overall efficiency. The quality of the plant's discharge also appears to be unaffected. Since the problem arose, we have been negotiating a solution with American Surfpac and its performance surety, International Fidelity Insurance Company. Initially, it was proposed to replace Some 250 modules in the outer ring of the top layer, at American Surfpac's expense. American Surfpac is itself no longer in business, however, except to wind down operations. A substitute product was available through Brentwood Industries, but Brentwood w willing v to provide even a limited warranty for its product in as was application. To settle the matter, and since liability is not entirely clear, American Surfpac and its surety have proposed to pay the City the estimated replacement cost for 250 modules - $10,500.00 - plus one-half the City's estimated cost of performing the actual replacement - $3,750.00 ($14,250.00 total). I have tenatively agreed to this settlement, subject to the Council's approval. Because we would not actually be replacing the affected modules, it is anticipated that the settlement funds would be applied at a later date to the cost of replacing the entire stack of media, which must be done every five to ten years. As analternative, the settlement amount would be sufficient to purchasea fiberglass grating to be installed on the top layer of the stack. Such gratings dampen the force of water flows and would slow or prevent any further deterioration. Your approval of this settlement offer is recommended 95-96 Pumped to Counetlm Frankel January 23, 1995 CITY OF BANGOR (TIRE.) (Drucr Authorizingn City Mag to accept settlement _..__ ............ ...... of City of Bangor wastewater Treatment Plant claim - WarrantyClaim for Biof filter Media By sae Cfr Cnumil of W CirefBaapa: THAT the City Managerishereby authorized, on behalf of the City of Bangor, to accept a settlement in the amount of $19,250.00 from American Surfpac Corporation or its surety, in full settlement of all claims by the City of Bangor arising out of deterioration of biofilter media supplied by American Surfpac Corporation to the City's wastewater secondary treatment plant project, and to execute all necessary documents. All releases and other documents executed in connection with the settlement shall be in a form approved by the City Solicitor. IN CITY COUNCIL January 23, 1995 Passed w CITY CL RK 95-94 ORDER Title, . Authorizing City Manager to accept Settlement ...................................... Of City Of Bangor Wastewater Treatment Plant Claim - Warranty Claim for B..10"£Ilter M edia. ......................................... 4Wya Yii� ,ea4pmm to Councilmen