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Agenda 09/10/2019 Item #16C4 (Contract #16-6639 Termination)09/10/2019 EXECUTIVE SUMMARY Recommendation to terminate Contract # 16-6639, “Variable TDS Reverse Osmosis Conceptual Design,” with Jacobs, Inc., formerly CH2M Hill Engineers, Inc. (Project 70104). OBJECTIVE: To terminate Contract # 16-6639 for “Variable TDS Reverse Osmosis Conceptual Design.” CONSIDERATIONS: On July 10, 2018 (Agenda Item 16C4), the Board of County Commissioners (the “Board”) awarded Contract # 16-6639, “Variable TDS Reverse Osmosis Conceptual Design,” to CH2M Hill Engineers, Inc., now known as Jacobs, Inc. (hereafter, “Jacobs”), in the amount of $367,403. Contract # 16-6639 provided for services to evaluate options for future design considerations to modify an existing reverse osmosis (“RO”) process so that it could reliably treat variable tot al dissolved solids (“TDS”) groundwater at the North County Regional Water Treatment Plant (“NCRWTP”). In 1999, four of the 11 wells in the North RO Wellfield started exhibiting higher than expected TDS. If that trend were to continue, the ability to produce potable water would be impacted; therefore, staff needed to understand viable options and the associated costs of maintaining production under those conditions. The scope of services for that project was to provide a reverse osmosis system data revie w, condition assessment, capacity analysis and development of treatment options to treat variable TDS at the NCRWTP. Staff would then select an option from Jacobs and proceed with developing a 30 -percent design criteria package. The design criteria packa ge would be used as a basis to procure the services of a design-build team to design and construct the improvements. On May 31, 2019, Jacobs submitted a technical memorandum outlining its options and on June 10, 2019, held a workshop to present its recommendations. Jacobs presented four options that ranged in price from $9.5 million to $22 million. On June 26, 2019, staff met to discuss the options presented and to determine the next step. The increase in raw water TDS supplying the NCRWTP RO process has fortunately been negligible since the scope was prepared in 2016, and the high TDS has not migrated to other wells. Moving to a design - build project would be premature at this time; therefore, there is little value in moving forward with a 30 - percent design. At the time the County initiated this project, the Collier County Water -Sewer District had not been expanded, and the future Northeast Regional Water Treatment Plant (“NERWTP”) was not a certainty. Now that the district has expanded, and the North east Utility Facilities program has been reactivated, the proposed NERWTP (tentatively online in 2028) will provide additional treatment capacity options. Instead of investing in the NCRWTP RO process, it may be more cost -effective to invest in additional reliable treatment capacity at the NERWTP. Should conditions dictate that the RO process needs to change due to increased TDS, new technologies may be available that could negate the 30-percent design. Staff will continue to monitor wellfield conditions and technology. Should a variable TDS process be required, staff will resume the program. Pursuant to Article 12.3 of the Professional Services Agreement, Termination for Convenience, staff requests that the Agreement be terminated effective seven (7) days from the date of the termination notice letter. Staff has prepared the termination notice letter informing Jacobs, Inc., of this immediate termination, subject to the Board’s approval (Attachment 1). FISCAL IMPACT: Terminating the agreement will result in returning $190,127.49 to Fund 412 to be used for other higher priority projects. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote 16.C.4 Packet Pg. 1278 09/10/2019 for Board approval. -SRT GROWTH MANAGEMENT IMPACT: There is no growt h management impact associated with this item. RECOMMENDATION: To approve the termination of Contract # 16-6639, “Variable TDS Reverse Osmosis Conceptual Design,” with Jacobs, Inc. (Project 70104), and authorize and direct the County Manager or his designee to sign and forward the termination letter to the vendor. Prepared By: Tom Sivert, P.E., Senior Project Manager, Public Utilities Engineering and Project Management ATTACHMENT(S) 1. Notice of Intent to Terminate (PDF) 2. Suspension of Work 7-22-2019 (PDF) 3. 16-6639 CH2M_Contract (PDF) 16.C.4 Packet Pg. 1279 09/10/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.4 Doc ID: 9795 Item Summary: Recommendation to terminate Contract # 16-6639, “Variable TDS Reverse Osmosis Conceptual Design,” with Jacobs, Inc., formerly CH2M Hill Engineers, Inc. (Project 70104). Meeting Date: 09/10/2019 Prepared by: Title: Project Manager, Senior – Public Utilities Planning and Project Management Name: Tom Sivert 08/14/2019 2:04 PM Submitted by: Title: Division Director - Public Utilities Eng – Public Utilities Planning and Project Management Name: Tom Chmelik 08/14/2019 2:04 PM Approved By: Review: Public Utilities Planning and Project Management Benjamin Bullert Additional Reviewer Completed 08/14/2019 2:21 PM Procurement Services Sandra Herrera Level 1 Purchasing Gatekeeper Completed 08/14/2019 3:00 PM Procurement Services Sandra Herrera Additional Reviewer Completed 08/14/2019 3:01 PM Procurement Services Ted Coyman Additional Reviewer Completed 08/14/2019 4:28 PM Water Howard Brogdon Additional Reviewer Completed 08/15/2019 8:37 AM Water Howard Brogdon Additional Reviewer Completed 08/15/2019 8:37 AM Public Utilities Planning and Project Management Tom Chmelik Additional Reviewer Completed 08/15/2019 8:53 AM Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 08/19/2019 2:20 PM Public Utilities Department Sarah Hamilton Level 1 Division Reviewer Completed 08/19/2019 11:28 PM Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 08/20/2019 12:26 PM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 08/20/2019 2:34 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/20/2019 3:36 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/21/2019 4:48 PM Office of Management and Budget Susan Usher Additional Reviewer Completed 08/23/2019 3:14 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 08/26/2019 2:52 PM Board of County Commissioners MaryJo Brock Meeting Pending 09/10/2019 9:00 AM 16.C.4 Packet Pg. 1280 August 14, 2019 Mr. Joe Elarde, P.E. Jacobs, Inc. f/k/a CH2M Hill Engineers, Inc. 5801 Pelican Bay Blvd., Ste. 505 Naples, FL 34108 E-Mail: Joe.Elarde@CH2M.com RE: #16-6639 Variable TDS Reverse Osmosis Conceptual Design Notice of Intent to Terminate For Convenience Dear Mr. Elarde: This letter will serve as a notification of a recommendation to terminate for convenience the above- reference award, pursuant to the provisions of Article 12, subsection 12.3 of the Agreement. The termination will be presented to the Board of County Commissioners on the September 10, 2019, meeting with an effective date of September 17, 2019. Should you have any questions regarding this termination notice please contact me at (239) 252- 4270. Respectfully, Sandra Herrera Procurement Contract Manager c: Ben Bullert, Senior Project Manager Tom Sivert, Project Manager Ted Coyman, Procurement Director Cat Bigelow, Operations Manager 16.C.4.a Packet Pg. 1281 Attachment: Notice of Intent to Terminate (9795 : Variable TDS Reverse Osmosis Conceptual Design Termination) 16.C.4.bPacket Pg. 1282Attachment: Suspension of Work 7-22-2019 (9795 : Variable TDS Reverse Osmosis Conceptual Design Termination) 16.C.4.cPacket Pg. 1283Attachment: 16-6639 CH2M_Contract (9795 : Variable TDS Reverse Osmosis Conceptual Design Termination) 16.C.4.cPacket Pg. 1284Attachment: 16-6639 CH2M_Contract (9795 : Variable TDS Reverse Osmosis Conceptual Design Termination) 16.C.4.cPacket Pg. 1285Attachment: 16-6639 CH2M_Contract (9795 : Variable TDS Reverse Osmosis Conceptual Design Termination) 16.C.4.cPacket Pg. 1286Attachment: 16-6639 CH2M_Contract (9795 : Variable TDS Reverse Osmosis Conceptual Design Termination) 16.C.4.cPacket Pg. 1287Attachment: 16-6639 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