Placement: Consent Agenda
Action Requested: Motion / Vote
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Ratify Addenda #3 and #4 and Approve Addendum #5 to Contract #20220044 with Wharton-Smith, Inc. for the Westport Wastewater Treatment Facility Nutrient Reduction Improvement Project.
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Submitted By: Nathaniel Rubel, Procurement Assistant Director, Procurement Management Division (PMD).
Strategic Plan Link: The City's Goal of high-quality infrastructure and facilities.
Summary Brief (Agreements/Contracts only)
1. Prepared by: Nathaniel Rubel, Procurement Assistant Director, PMD.
2. Parties: City of Port St. Lucie and Wharton-Smith, Inc.
3. Purpose: The purpose of the Westport WWTF Advanced Wastewater Treatment Improvements (GMP #3) is to construct a denitrification facility that enhances treatment quality for compliance with FDEP grant requirements.
4. New/Renewal/Modified: Modified.
5. Duration: The work in Addendum #5 extends the contract end date to March 30, 2028.
6. Benefits to Port St. Lucie: The Westport WWTF Advanced Wastewater Treatment Improvements (GMP #3) will enhance the City’s wastewater treatment quality, ensuring compliance with grant requirements and regulatory standards. By achieving stricter effluent nutrient concentrations, the project improves the quality of reclaimed water used for irrigation in nearby communities. Ultimately, these improvements safeguard local water resources and protect the long‑term environmental health of the Treasure Coast region.
7. Cost to Port St. Lucie (Annual and Potential): The cost for the advanced water treatment technologies in Addendum #5 is $21,977,861.00 for a new Contract amount of $62,618,224.00.
Presentation Information: N/A.
Staff Recommendation: Move that the Council ratify Addenda #3 and #4 and approve Addendum #5 to Contract #20220044 with Wharton-Smith, Inc. for the Westport Wastewater Treatment Facility Nutrient Reduction Improvement Project.
Alternate Recommendations:
1. Move that the Council amend the recommendation and ratify Addenda #3 and #4 and approve Addendum #5 to Contract #20220044.
2. Move that the Council not ratify Addenda #3 and #4 nor Approve Addendum #5 to Contract #20220044 and provide staff with direction.
Background: The City Council awarded Wharton-Smith, Inc. Contract #20220044 on March 27, 2023, for Construction Manager at Risk (“CMAR”) services. Specifically, Contract #20220044 was for pre-construction services, in part, to establish a Guaranteed Maximum Price (GMP) and authorize an engineering firm to design the improvements and produce the construction plans to meet the new effluent standards. GMP #1 was approved by City Council on July 10, 2023, to approve the early procurement of long lead time project equipment. A subsequent GMP was approved by City Council in Addendum #2 on December 11, 2023, to provide for the nutrient removal at the Westport Wastewater Treatment Facility. The Contract was then amended to establish the amounts for liquidated damages in Addendum #3. The Contract was also amended to establish the City’s intent to fund the project, in whole or in part, using funding it has received under the Florida Department of Environmental Protection Standard Grant Agreement #WG115 and to incorporate the terms of the Grant Agreement therein, as Addendum #4. Neither Addendum #3 or Addendum #4 impacted the project cost and did not require Council approval under City Code of Ordinances Section 35.09 - Extra services performed or deleted.
Addendum #5 to this project introduces advanced treatment technologies that treat wastewater more thoroughly before it is sent to either reuse ponds for irrigation or down the plant’s injection well. By investing in these improvements now, the City is meeting important state and federal requirements while preparing for future needs. The project also strengthens the reliability of the plant, ensuring residents can count on collection of their wastewater and treatment to high standards. Most importantly, these upgrades safeguard water quality so families can enjoy a cleaner, healthier environment for generations to come.
Issues/Analysis: Staff has reviewed the proposal in GMP #3 for the advanced water treatment technologies and finds them to be fair and reasonable and is recommending approval.
Financial Information: Funds are appropriated in Utility CIP Fund / Westport Wastewater Plant / Improvements O/T Buildings (#448-3512-56300-Y1782).
Special Consideration: N/A.
Location of Project: Due to Homeland Security protection, the location of the facility is not disclosed.
Attachments:
1. Addendum #5 signed.
2. Wharton-Smith GMP #3 - Exhibit B.
3. Addendum #4.
4. Addendum #3.
5. Addendum #2.
5. Addendum #1.
6. Original Contract.
NOTE: All of the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.
Internal Reference Number: 25328-05.
Legal Sufficiency Review:
Reviewed by Alyssa Lunin, Senior Deputy City Attorney. Approved as to Legal form and sufficiency by Richard Berrios, City Attorney.