Placement: Consent Agenda
Action Requested: Motion / Vote
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Approve Addendum #2 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, 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, Assistant Director, PMD.
2. Parties: City of Port St. Lucie and Wharton-Smith, Inc. (“Contractor”).
3. Purpose: To amend Contract #20220044 to establish Guaranteed Maximum Price (GMP) #2 to proceed with the construction phase of the Westport Wastewater Treatment Facility Nutrient Reduction Improvement Project.
4. New/Renewal/Modified: Modified.
5. Duration: Construction duration is estimated to take 34 months for a new contract end date of 12/31/2026.
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 water quality, and reduce health effects impacting the St. Lucie River.
7. Cost to Port St. Lucie (Annual and Potential): Pre-construction phase services were $210,305.00. Early GMP #1 was $6,721,703.00. GMP #2 for construction is valued at $33,918,660.00 for a new Contract amount of $40,850,668.00.
Presentation Information: N/A.
Staff Recommendation: Move that the Council approve Addendum #2 to Contract #20220044 establishing Guaranteed Maximum Price #2 and authorize 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 Addendum #2 to Contract #20220044 establishing Guaranteed Maximum Price #2 and authorize the Contractor to proceed with construction and related activity for the Westport Wastewater Treatment Facility Nutrient Reduction Improvement Project.
2. Move that the Council not approve Addendum #2 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 Phosphorous (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. Initially Contract #20220044 was for pre-construction phase services to establish a GMP and to collaborate with the Engineer of Record to complete the project design and produce 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. The next phase of the project is to approve the estimated GMP #2 to proceed with the construction of the project.
Issues/Analysis: As part of the pre-construction phase services, the Contractor prepared a 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 FDEP.
Special Consideration: Time is of the essence with completion of the project to comply with the grant obligations. All funds must be obligated by 12/31/2024 and expended by 12/31/2026.
Location of Project: Due to Homeland Security protection, the location of the facility is not disclosed.
Attachments: Addendum #2 Signed.
Wharton-Smith GMP #2.
Addendum #1.
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: 23321-01
Legal Sufficiency Review:
Reviewed by Alyssa Lunin, Deputy City Attorney. Approved as to Legal form and sufficiency by Richard Berrios, Interim City Attorney.