Placement: Consent Agenda
Action Requested: Motion / Vote
title
Approve Amendment #1 to Contract #20220044 with Wharton-Smith, Inc. the Westport Wastewater Treatment Facility Nutrient Reduction Improvement Project.
body
Submitted By: Kevin R. Matyjaszek, Utility Systems Director
Strategic Plan Link: The City's Goal of a high-performing city government organization.
Summary Brief (Agreements/Contracts only)
1. Prepared by: Procurement Management Department (“PMD”) and Utility Systems Department (“USD”).
2. Parties: City of Port St. Lucie and Wharton-Smith, Inc. (“Contractor”)
3. Purpose: To amend Contract #20220044 to proceed with the next step in the Westport Nutrient Reduction Improvement Project (“Project”) establishing an early estimated Guaranteed Maximum Pricing (“GMP”) for the Westport Wastewater Treatment Facility Nutrient Reduction Improvement Project (“Project”).
4. New/Renewal/Modified: Modified.
5. Duration: The term for pre-construction services was 180 days. The Contractor is requesting an additional 60 days as part of this Amendment to proceed with purchasing the items which require a long lead time for the Project.
6. Benefits to Port St. Lucie: To provide high quality treatment to reduce nutrients discharged to the St. Lucie River in compliance with new State of Florida Department of Environmental Protection (“FDEP”) limits for nitrogen and phosphorous. By reducing the amount of nutrients discharged, it will reduce the growth of algae, improve the water quality, and reduce health effects impacting the St. Lucie River.
7. Cost to Port St. Lucie (Annual and Potential): The estimated cost of pre-construction services was $210,305.00. The Contractor estimates the early GMP in the amount of $6,721,703.00.
Presentation Information: N/A
Staff Recommendation: Move that the Council approve Amendment #1 to Contract #20220044 establishing an early estimated Guaranteed Maximum Price and authorizing the Contractor to proceed with construction and related activity for the Westport Wastewater Treatment Facility Nutrient Reduction Improvement Project.
Alternate Recommendations:
1. Move that the Council amend the recommendation and approve Amendment #1 to Contract #20220044 establishing an early estimated Guaranteed Maximum Price and authorizing the Contractor to proceed with construction and related activity for the Project.
2. Move that the Council not approve Amendment #1 and provide staff with direction.
Background: The Westport Wastewater Treatment Facility is currently permitted to treat 6.00 million gallons per day (“MGD”) of wastewater using biological processes to produce secondary treatment standards of 20 mg/l BOD, 20 mg/l total suspended solids, and no limits for Total Nitrogen (TN) and Phosphorus (P). The new FDEP nutrient limits require additional treatment processes to achieve limits less than or equal to 10 mg/l TN and 6 mg/l P. 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 GMP and authorize an engineering firm to design the improvements and produce the construction plans to meet the new effluent standards. The next phase of the Project is to approve the estimated GMP to proceed with construction and related activity for the Project.
Issues/Analysis: As part of the pre-construction services, the Contractor prepared a Guaranteed Maximum Price (“GMP”) and project schedule which requires City Council approval prior to commencing the Construction Phase of the Project.
Financial Information: Funds are appropriated in Utility CIP Fund / Westport Wastewater Plant / Improvements O/T Buildings (#448-3512-56300-Y1782). The Project has also received up to $15,000,000.00 in grant funding from the State of Florida Department of Environmental Protection.
Special Consideration: The Project must be complete by June 1, 2025. Time is of the essence with completion of the Project to comply with FDEP regulation.
Location of Project: Due to Homeland Security protection, the location of the facility is not disclosed.
Attachments:
1. Amendment #1;
2. Exhibit A to Amendment 1 - Contract #20220044; and
3. Exhibit B to Amendment 1 - Early Estimated GMP.
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: 23173-04
Legal Sufficiency Review:
Reviewed by Alyssa Lunin, Deputy City Attorney. Approved as to Legal form and sufficiency by James D. Stokes, City Attorney.