HomeMy WebLinkAboutPR 21542: AMEND PLANNING, ACQUISITION AND DESIGN SERVICES CONTRACT WITH FREESE & NICHOLS, INC. OF PEARLAND, TEXAS (2) r/ rtltu
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INTEROFFICE MEMORANDUM
—WATER UTILITIES DEPARTMENT—
DATE: March 1, 2021
TO: The Honorable Mayor and City Council
THROUGH: Ronald Burton, City Manager
FROM: Donald Stanton, Interim Director of Water Utilities
SUBJECT: P.R. No. 21542 — Amend Planning, Acquisition and Design Services Contract with
Freese &Nichols, Inc. of Pearland, Texas
Nature of Request:
Per Resolution No. 15-056, on February 17th, 2015, Freese & Nichols, Inc. of Pearland, Texas was
awarded a contract for the planning, acquisition and design services for the rehabilitation of the Main
Wastewater Treatment Plant(WWTP) on Procter Street Extension in the amount of$6,282,200.00.
The Utilities Department has found it necessary to recommend an amendment to the original contract
(Exhibit "A") to use Texas Water Development Board (TWDB) contingency funds from the original
TWDB Loan to provide the Port Acres WWTP Re-Rating Study and Major Permit Amendment, and
Major Permit Amendment for a second outfall for the Main WWTP on Procter Street Extension.
A contract amendment increase of$172,000.00 is necessary to perform these tasks. The original loan
for planning, acquisition and design was for $6,995,000.00 (including the $250,000.00 contingency
amount which has been approved for reallocation by TWDB). This contract amendment will bring the
total engineering cost from $6,282,200.00 to $6,454,200.00.
Staff Analysis:
Freese &Nichols, Inc. will work with Utilities Management to follow through with the changes to the
amendments.
Budget Considerations:
This amendment of $172,000.00 is available in Utilities Account No. 404-1625-532.53-00,
Engineering, Project No. RI 5056.
Recommendation:
I recommend the approval of Proposed Resolution No. 21542, which amends contract previously
approved with Freese &Nichols, Inc. of Pearland, Texas, in order to use TWDB contingency funds to
provide the Port Acres WWTP Re-Rating Study and Major Permit Amendment, and Major Permit
Amendment for a second outfall for the Main WWTP.
P. R. No. 21542
3/1/21 bw
Page 1 of 3
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE AMENDMENT NO. 1 TO THE CONTRACT
BETWEEN THE CITY OF PORT ARTHUR AND FREESE &
NICHOLS, INC. OF PEARLAND, TEXAS FOR THE
PLANNING, ACQUISITION AND DESIGN OF THE MAIN
WASTEWATER TREATMENT PLANT, INCREASING THE
CONTRACT AMOUNT BY$172,000.00,FOR A NEW TOTAL
CONTRACT AMOUNT OF $6,454,200.00; FUNDING IS
AVAILABLE IN UTILITIES ACCOUNT NO. 404-1625-
532.53-00, ENGINEERING, PROJECT NO. R15056.
WHEREAS, per Resolution No. 15-056, on February 17`h, 2015, Freese & Nichols, Inc.
was awarded a contract for the planning, acquisition and design services of the Main Wastewater
Treatment Plant(WWTP) on Procter Street Extension in the amount of$6,282,200.00; and,
WHEREAS, the original Texas Water Development Board (TWDB) loan of
$6,995,000.00 included a contingency amount, which was reallocated by TWDB (see Exhibit
"B"); and
WHEREAS, the Utilities Department has found it in the best interest of the citizens to
recommend a change order to the original contract(Exhibit"A")to use contingency funds provide
for the Port Acres WWTP Re-Rating Study and Major Permit Amendment and Major Permit
Amendment for a second outfall for the Main WWTP.
NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
THAT,the facts and opinions in the preamble are true and correct; and,
THAT, the City Manager of the City of Port Arthur is hereby authorized and directed to
execute Amendment No. 1 to the contract with Freese & Nichols, Inc. of Pearland, Texas, to
include the use of TWDB contingency funds, increasing the contract by $172,000.00, to a new
P. R. No. 21542
3/1/21 bw
Page 2 of 3
total contract amount of$6,454,200.00; and,
THAT,Freese &Nichols, Inc. will sign this resolution agreeing to the amendment; and,
THAT,funding is provided for in Utilities Account No.404-1625-532.53-00,Engineering,
Project No. R15056; and,
THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City
Council.
READ,ADOPTED AND APPROVED THIS day of , 2021 at a
Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote:
AYES: Mayor ;
Councilmembers
NOES:
Thurman "Bill"Bartie
Mayor
ATTEST: APPROVED AS TO FORM:
Sherri Bellard Valecia Tizeno
City Secretary City Attorney
P. R. No. 21542
3/1/21 bw
Page 3 of 3
APPROVED FOR ADMINISTRATION: APPROVED FOR FUNDING:
ko,„,
Ronald Burton Kandy Dani
UJ
City Manager Interim Director of Finance
I /0 (At
Donald Stanton Clifto Williams, CPPB
Interim Director of Water Utilities Purchasing Manager
AGREED TO:
ENGINEER: FREESE &NICHOLS, INC.
Freese &Nichols, Inc. Representative Signature
Date:
WITNESS:
EXHIBIT A
(Amendment)
IFEIFREESE PROFESSIONAL SERVICES AGREEMENT
NICHOLS AMENDMENT#1
City of Port Arthur FNI PROJECT NO. PTR15234
444 4th Street PORT ARTHUR PROJECT NO.: R15056
Port Arthur,TX 77640 DATE: 12/21/2020
Project Name: Planning, Acquisition, and Design of Port Arthur Main WWTP
Description of Services:As noted in Attachment A
Amended Deliverables: As noted in Attachment A
Amended Schedule: As noted in Attachment A
Compensation shall be amended as follows: A total amount of One Hundred and Seventy-Two Dollars
Current Contract Amount: $6,282,200
Amount of this Amendment: $172,000
Revised Total Amount Authorized: $6,454,200
The above described services shall proceed upon execution of this amendment. All other provisions, terms and
conditions of the Professional Services Agreement which are not expressly amended shall remain in full force and
effect.
FREESE AND NICHOLS, INC. CITY OF PORT ARTHUR
BY: BY:
David R. Ja kso , PE, BCEE
Print Name Print Name
TITLE: Vice President TITLE:
DATE: December 21, 2020 DATE:
L:\Client\OLCR\P\Port Arthur\Main WWTP\Amd#1\PTR15234-Amd#1-PSA Amendment.docx
Rev.4/19
ATTACHMENT A: CONTRACT AMENDMENT SCOPE OF SERVICES
PLANNING, ACQUISITION, AND DESIGN
OF PORT ARTHUR MAIN WWTP
IrWREESE
NICHOLS
11200 Broadway Street,Suite 2320 • Pearland,Texas 77584 • 832-456-4700 • FAX 832-456-4701 www.treee.com
Narrative on Scope and Background Information
This amendment includes the following additional scope items that were NOT included in the original
contract for the project:
Task A-Port Acres WWTP Re-Rating Study and Permit Major Amendment
Background Information:The Port Acres Wastewater Treatment Plant(WWTP) is permitted for an
average daily flow of 2.75 million gallons per day (MGD).The flows to the plant have exceeded this
permitted daily flow which has resulted in violation of the permit conditions. The original contract
included evaluation of collection system infrastructure needed to transfer flows from Port Acres to
Main WWTP. However, a capacity evaluation of the Port Acres WWTP concluded that the plant can
be re-rated from 2.75 MGD to 3.80 MGD with minor improvements. Re-rating the Port Acres WWTP
will allow the City to save approximately$9.2 million dollars by eliminating the need for expansion
of the plant, or construction of infrastructure to transfer flows from Port Acres to Main WWTP.This
approach is the most cost-effective solution to obtain additional capacity at Port Acres WWTP and
bring the plant back in compliance.
Scope Summary:The contract amendment scope includes the following tasks required to re-rate the
Port Acres WWTP:
• Capacity evaluation study to demonstrate that the plant has additional capacity than it is
currently permitted for.
• Design of minor improvements required for re-rating.
• Major amendment to the Port Acres WWTP's Texas Pollutant Discharge Elimination System
(TPDES) permit.
Task B- Major Permit Amendment to include a Second Outfall for Main WWTP
Background Information: The Main WWTP currently has one permitted outfall in the Sabine-
Neches canal for the discharge of its treated effluent.The original contract assumes re-purposing of
this existing outfall. However, during recent discussions with Drainage District 7 (DD7) of Jefferson
County regarding the project,City was advised to amend the Main WWTP permit to include a second
outfall.A second outfall is needed when DD7 takes the current outfall in the Sabine-Neches canal and
the effluent pipe out of service for periodic maintenance and inspection as required by the US Army
Corp of Engineers (USACE).The second outfall will be located in the stormwater ditch northwest of
the Main WWTP that leads to the DD7 stormwater pump station on Crane Bayou.
Scope Summary: The contract amendment scope includes the following tasks to permit a second
outfall for treated effluent from the Main WWTP:
• Major amendment to Main WWTP's TPDES permit (for second outfall in DD7 stormwater ditch).
• Coordination with TCEQ and Drainage District 7.
Engineering Services listed below are in accordance with the requirements of Texas Water
Development Board(TWDB) Clean Water State Revolving Fund(CWSRF) loan program. Funding for
this amendment will be covered by the contingency funds in TWDB CWSRF loan approved for the
City of Port Arthur for the planning and design of the Main WWTP improvements.City will NOT have
to request for additional funds from the TWDB for the scope of services in this amendment.
Attachment A: Contract Amendment Scope of Services-Planning,Acquisition,and Design of Port
Arthur Main WWTP
December 2020
Page 2 of 4
BASIC SERVICES: FNI shall render the following professional services in connection with the
development of the Project:
Task A-Port Acres WWTP Re-Rating Study and Permit Major Amendment:
1. Capacity Evaluation/Re-Rating Study:
i. Determine the current and projected influent wastewater characteristics(BOD5,TSS,
NH3-N).Review historical wastewater influent characteristics and trends to identify
average and maximum month loading conditions.Determine design influent loadings
based on statistical analysis of historical data in accordance with TCEQ requirements
in Chapter 217-Design Criteria for Domestic Wastewater Systems.
ii. Evaluate the hydraulic capacity of the existing unit processes based on available
drawings,O&M manuals,and other information provided by the City.
iii. Determine capacity available with the existing treatment units at the plant based on
the design influent loadings,hydraulics and design criteria specified in TCEQ Chapter
217.
iv. Develop and submit a Technical Memorandum (TM) to TCEQ summarizing the
findings of the capacity evaluation and demonstrating the additional capacity
available at the plant for the re-rating. Meet with TCEQ staff to discuss the re-rating
request for the Port Acres WWTP.Address review comments from TCEQ and finalize
the re-rating study Technical Memorandum.
2. Provide design and assistance to the City for the following improvements required for re-rating
of the Port Acres WWTP:
i. Replacement of one (1) existing Return Activated Sludge (RAS) pump with a larger
pump to increase RAS pumping capacity.
ii. Addition of one(1) new flow meter for the RAS pumping system.
iii. Coordination with blower manufacturer for the repair of the two existing aeration
basins blowers.
3. Provide assistance to the City in applying for a major amendment to the TPDES permit for the
Port Acres WWTP for re-rating the average daily flow from the 2.75 MGD to 3.80 MGD.2-hour
peak flow shall remain the same at 15.88 MGD.
i. Compile Existing Information and Meet with City. FNI will meet with the City to
review data,identify information needed for the applications;including evaluation of
receiving water stream physical characteristics,if needed.
ii. Pre-application Meeting with City and TCEQ. FNI and the City will meet with TCEQ
staff prior to the completion of the permit applications to discuss the up-rating
study results and potential permit conditions.
Attachment A: Contract Amendment Scope of Services-Planning,Acquisition,and Design of Port
Arthur Main WWTP
December 2020
Page 3 of 4
iii. Compile Effluent Analysis Results.FNI will coordinate with the City in obtaining
laboratory analyses required for the permit applications.We will provide to the City
and its designated laboratory copies of tables to be completed from the current
TCEQ application form,possibly including but not necessarily limited to the
analyses of pollutants in treated effluent.We propose that the laboratory complete
these tables to reduce the risk of transcription errors.Upon receipt,FNI will review
the tables for consistency with minimum analytical limits (MALs) and for
reasonability of the results.
iv. Prepare Permit Application and Transmittal Letter. FNI will obtain the current
TPDES permit application forms from the TCEQ and prepare draft permit
applications. The prepared applications will include maps, engineering drawings,
schematic diagrams, and other figures as required. FNI will provide up to three (3)
hard copies or a digital copy of each application for the City's review. FNI will finalize
the applications based on the City's comments and deliver final,original applications
and three copies of each for the City to transmit to the TCEQ.FNI will also provide up
to three copies of the final applications for the City's files.
v. Follow-Up with TCEO. FNI estimates that it may take up to 80 hours to address TCEQ
comments after submitting the application, which includes a possible additional
meeting with the TCEQ to discuss the proposed permit requests. If the effort is
anticipated to exceed this amount, in order to secure a final TPDES permit, FNI will
notify the City for written approval of a budget modification to proceed.Tasks related
to resolving protests on the TPDES permit will be an additional service.
Task B-Major Permit Amendment to include a Second Outfall for Main WWTP:
1. Provide assistance to the City in applying for a major amendment to the current TPDES
permit for the Main WWTP to include a second outfall for the discharge of treated effluent
into the stormwater ditch northwest of the plant that leads to the Drainage District 7 lift
station on Crane Bayou.
i. Compile Existing Information and Meet with City. FNI will meet with the City to
review data,identify information needed for the applications;including evaluation of
receiving water stream physical characteristics,if needed.
ii. Pre-application Meeting. FNI and the City will meet with TCEQ staff and Drainage
District 7 staff(if needed)prior to the completion of the permit applications to
discuss the second outfall and potential permit conditions.
iii. Compile Effluent Analysis Results.FNI will coordinate with the City in obtaining
laboratory analyses required for the permit applications.We will provide to the City
and its designated laboratory copies of tables to be completed from the current
TCEQ application form,possibly including but not necessarily limited to the
analyses of pollutants in treated effluent.We propose that the laboratory complete
these tables to reduce the risk of transcription errors.Upon receipt, FNI will review
Attachment A: Contract Amendment Scope of Services-Planning,Acquisition,and Design of Port
Arthur Main WWTP
December 2020
Page 4 of 4
the tables for consistency with minimum analytical limits (MALs) and for
reasonability of the results.
iv. Prepare Permit Application and Transmittal Letter. FNI will obtain the current
TPDES permit application forms from the TCEQ and prepare draft permit
applications. The prepared applications will include maps, engineering drawings,
schematic diagrams, and other figures as required. FNI will provide up to three (3)
hard copies or a digital copy of each application for the City's review. FNI will finalize
the applications based on the City's comments and deliver final,original applications
and three copies of each for the City to transmit to the TCEQ.FNI will also provide up
to three copies of the final applications for the City's files.
v. Follow-Up with TCEQ. FNI estimates that it may take up to 80 hours to address TCEQ
comments after submitting the application, which includes a possible additional
meeting with the TCEQ to discuss the proposed permit requests. If the effort is
anticipated to exceed this amount, in order to secure a final TPDES permit, FNI will
notify the City for written approval of a budget modification to proceed.Tasks related
to resolving protests on the TPDES permit will be an additional service.
Summary of Fee for Engineering Services
Our fee for completing the Scope of Services,as outlined above,will be the following fee:
Task Task Title Fee Fee Type
A Port Acres WWTP Re-Rating Study and $100,000 Not to Exceed
Permit Major Amendment
B Major Permit Amendment to include a $72,000 Not to Exceed
Second Outfall for Main WWTP
Total Phase $172,000
Project Schedule
TIME OF COMPLETION: FNI is authorized to commence work on the Project upon execution of this
Amendment and agrees to complete the services in accordance with the following schedule: Both
tasks will be completed within twelve(12) months from Notice to Procced (NTP).
EXHIBIT B
(Texas Water Development Board)
TEXAS WATER DEVELOPMENT BOARD
Port Arthur Outlay Request# 18
Project #: 73688 Time Period Covered(This Outlay)
Total Project Cost $6,995,000.00 From: 07/01/20 To: 07/30/20
Program CWSRF N/A N/A N/A N/A N/A
Loan/Grant# L1000298 N/A N/A N/A N/A N/A
Amount 6,995,000.00 N/A N/A N/A N/A N/A
Original Current Installment Current Total Requested
Budget Category Balance
Budget Budget Ceiling Request To Date
Planning $ 487,200.00 $ 1,743,185.00 $ 1,743,185.00 $ - $ 1,743,184.72 $0.28
Design $ 5,074,660.00 $ 4,129,015.00 $ 2,724,741.06 $ 153,706.42 $ 2,724,741.06 $1.404,273.94
Administration $ 208,000.00 $ 208,000.00 $ 208,000.00 $ - $ - $208.000.00
Bond Counsel $ 23,000.00 $ 28,500.00 $ 28,500.00 $ - $ 28,500.00 $0.00
Financial Advisor $ 27.960.00 $ 37,487.50 $ 37,487.50 $ - $ 37,487.50 $0.00
Fiscal/Legal $ 7.000.00 $ 14,500.00 $ 6,995.00 $ - $ 6,995.00 $7,505.00
Issuance Costs $ 20,000.00 $ 25,000.00 $ 3,487.70 $ - $ 3,197.20 $21,802.80
Loan Origination Fee $ 108.257.00 $ 127,057.00 $ 127,057.00 $ - $ 127.057.00 $0.00
Contingency $ 3,923.00 $ 257,255.50 $ - $ - $ - $257,255.50
7
Environmental $ - $ 125.000.00 $ 125,000.00 $ 11,595.23 $ 57,666.07 $67,333.93
Geotechnical $ - $ 85,000.00 $ 85.000.00 $ - $ 84,952.56 $47.44
Permits $ - $ 125,000.00 $ 125.000.00 $ - $ 78.916.70 $46,083.30
Surveying - $ 75,000.00 $ 75,000.00 $ - $ - $75,000.00
Water Conservation Plan $ - $ 15,000.00 $ 15,000.00 $ - $ - $15,000.00
$ - $ - $ - $ - $ - $0.00
$ - $ - $ - $ - $ - $0.00
—
On 10/26/20, City $ - $ - $ _ $ _ $ saw
— requested TWDB to
— move funds in $ - $ - $ - $ - $ - $0.00
contingency category $ $ $ $ $ - $000
— to design and
_ permitting category $ $ $ $ $ $0.00
for the amendment $ _ $ - $ - $ - $ _ $o.00
— scope items.
$ - $ - $ - $ - $ - $0.00
$ - $ - $ - $ - $ - $0.00
TOTALS $ 5,960,000.00 $ 6,995,000.00 $ 5,304,453.26 $ 165,301.65 $ 4,892,697.81 $2,102,302.19
TEXAS WATER DEVELOPMENT BOARD
Port Arthur Outlay Request# 19
Project #: 73688 Time Period Covered(This Outlay)
Total Project Cost $6,995,000.00 From: 08/01/20 To: 08/30/20
Program CWSRF N/A N/A N/A N/A N/A
Loan/Grant# L1000298 N/A N/A N/A N/A N/A
Amount 6,995,000.00 N/A N/A N/A N/A N/A
Budget Category Original Current Installment Current Total Requested Balance
Budget Budget Ceiling Request To Date
Planning $ 487,200.00 $ 1,743,185.00 $ 1,743,185.00 $ - $ 1,743,184.72 $0.28
Design $ 5,074,660.00 $ 4,235,015.00 $ 2,806,773.90 $ 82,032.84 $ 2,806,773.90 $1.428,241.10
Administration $ 208,000.00 $ 208,000.00 $ 208,000.00 $ - $ - $208,000.00
Bond Counsel $ 23.000.00 $ 28,500.00 $ 28.500.00 $ - $ 28,500.00 $0.00
Financial Advisor $ 27.960-00 $ 37,487.50 $ 37 487.50 $ - $ 37.487_50 $0.00
Fiscal/Legal $ 7.000.00 $ 14.500.00 $ 6,995.00 $ - $ 6,995.00 $7.505.00
Issuance Costs $ 20.000.00 $ 25,000.00 $ 3,487.70 $ - $ 3.197.20 $21,802.80
Loan Origination Fee $ 108,257.00 $ 127.057.00 $ 127,057.00 $ - $ 127.057.00 $0.00
Contingency $ 3,923.00 $ 59,255.50 $ - $ - $ - $59,255.50
7
Environmental $ 125.000.00 $ 125,000.00 $ - $ 57,666.07 $67,333.93
Geotechnical $ - $ 85,000.00 $ 85.000.00 $ - $ 84,952.56 $47.44
Permits - $ 217,000.00 $ 125,000.00 $ 22.508.39 $ 101.425.09 $115,574.91
Surveying $ - $ 75,000.00 $ 75,000.00 $ - $ - $75.000.00
Water Conservation Plan $ - $ 15,000.00 $ 15,000.00 $ - $ - $15,000.00
$ - $ - $ - $ - $ - $0.00
TWDB approved $ - $ - $ - $ - $ - $0.00
— City's budget
$ - $ - $ - $ - $ - woo
_ re-allocation request.
Reduced contingency $ - $ - $ - $ - $ - moo
— funds from $257,455 $ $ $ $ $ saw
— to $59,255.50 and
moved the money to $ - $ - $ - $ - $ - $0.00
— other phases (design $ $ $ $ $ $0.00
— and permitting) for
amendment scope $ - $ - $ - $ - $ - moo
—
items. $ - $ - $ - $ - $ - $0.00
TOTALS $ 5,960,000.00 $ 6,995,000.00 $ 5,386,486.10 $ 104,541.23 $ 4,997,239.04 $1,997,760.96