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