Item #: SS: 1st: 2nd: 9d City of Aurora Council Agenda Commentary Item Title: Consideration to AWARD A CHANGE ORDER TO THE COMPETITIVELY BID CONTRACT with Western Summit Constructors, Inc., Englewood, Colorado in the amount of $1,309,250.14 for completing the first phase of flood damage repairs to the Everist Reservoir Site Water Storage Cell Improvements Project, Project Number 5315A. Item Initiator: Simmons, R B - Projects Administrator - Internal Services Staff Source: Catalano, Lawrence - Manager Water Capital Projects - Aurora Water City Manager/Deputy City Manager Signature: Skip Noe Outside Speaker: Council Goal: 2012: 3.3--Pursue a water resource aquisition and delivery plan ACTIONS(S) PROPOSED (Check all appropriate actions) Approve Item as proposed at Study Session Approve Item with Waiver of Reconsideration Approve Item and Move Forward to Regular Meeting Approve Item as proposed at Regular Meeting Information Only HISTORY (Dates reviewed by City council, Policy Committees, Boards and Commissions, or Staff. Summarize pertinent comments. ATTACH MINUTES OF COUNCIL MEETINGS, POLICY COMMITTEES AND BOARDS AND COMMISSIONS.) City Council approved the award of an openly solicited contract to Deere & Ault Consultants, Inc. for the initial engineering design and site planning services for the Everist Reservoir Project in the amount of $1,355,489.00 on March 3, 2008, Agenda Item #9e. City Council approved the award of the competitively bid contract to Western Summit Constructors, Inc. for the construction of the Everist Reservoir Project in the amount of $13,511,500.00 on September 30, 2013, Agenda Item #9c. An amendment to the openly solicited contract to Deere & Ault Consultants, Inc. for additional engineering services to complete the design of flood-related repairs in the amount of $158,000.00 was reported to City Council as an emergency on the Weekly Report of October 21, 2013. ITEM SUMMARY (Brief description of item, discussion, key points, recommendations, etc.) Background The Everist Reservoir Site (Site) is a planned, multi-cell water storage facility located approximately two miles northwest of Fort Lupton, Colorado. The Site, which currently is being mined by LG Everist, will provide storage for current and future augmentation of the Prairie Waters Project well pumping for both City use and Water Infrastructure Supply Efficiencies (WISE) deliveries. Water storage becomes available to the City at the Site as LG Everist completes mining and reclamation activities at each cell. Currently, three cells (Golden, Hill Oakley, Fort Lupton East) have been mined, reclaimed, and delivered to the City for water storage. Delivery of the remaining eight cells is anticipated to occur over the next 20 years. The original contract awarded to Western Summit Constructors, Inc. in the amount of $13,511,500.00 was approved by City Council on September 30, 2013. The original contracted work included a 14 million March 24, 2014 Council Meeting, Page 37
gallon per day pump station, piping extending from the pump station to three water storage cells, discharge piping from the pump station to the South Platte River, various diversion structures, and cell inlet improvements. The Site experienced damage from the September 2013 storm flood event that has made it impossible for the work originally contracted to proceed without first repairing the flood damage. The currently identified flood damage includes: 1) breaching of multiple earthen berms between the South Platte River and the Site; 2) breach of a storage cell slurry wall; 3) damage to multiple storage cell interior liners; 4) accumulation of over 850 acre feet of water within the storage cells; and 5) accumulation of an unknown quantity of debris (including general trash, trees, silts, etc.). See Attachment 6, which is an aerial photo of flood damage. Proposed Change Order Aurora Water is requesting approval of a change order to the contract awarded to Western Summit Constructors, Inc. for completing the first phase of flood damage repair work associated with the Everist Reservoir Site Water Storage Cell Improvements Project. The City, Western Summit Constructors, Inc. and Deere & Ault Consultants, the design engineer, collaborated on a two-phase design for completing the flood damage repairs. The change order proposed under this commentary is for completing the first phase of the flood repair work. Once the first phase is completed, another change order will be brought forward for Council approval. The first phase of flood repair work consists of isolating the Site from the South Platte River by reconstructing the breached berms and dewatering the Site by pumping accumulated water to the South Platte River. These efforts are anticipated to eliminate the uncontrolled flow of surface and ground water into the Site, permit damage assessment of currently submerged features, facilitate subsequent repair efforts, and allow the Site improvements work originally contracted to commence. The specific details regarding the scope of work and cost breakdowns for providing the first phase Site repair work are included in Attachment-A to this commentary. The second phase of flood damage repair will collect and remove accumulated debris, repair currently submerged or partially submerged features (e.g., storage cell liners), address other damage currently not identified, and where necessary, augment first phase repairs. The total price for these second phase efforts currently is unknown, but likely will range from $400,000 to $1,100,000. Based on the critical timing for completing the work, there is not enough time to solicit bids from other contractors for completing the flood repairs. Because Western Summit Constructors, Inc. has mobilized to the Site and has procured equipment and materials for completing the original project work, they are in the best position to immediately start performing flood-related repairs. Another contractor would need significant time to study the Site and provide pricing for performing the necessary repairs, which would further delay and increase the overall costs for completing the original project. As a result, staff has determined that a change order to the contract that was awarded to Western Summit Constructors, Inc. is in the best interest of the City. Pursuant to City Code 2-674(6) that allows for negotiated purchases under a reduced total cost approach associated with more advantageous time allowances, a change order proposal was requested from Western Summit Constructors, Inc. for all costs associated with completing the flood repair work. Negotiations included detailed discussions regarding the specific scope of work elements and project schedule for completing the additional work. After negotiations were completed, the final amount agreed upon was $1,309,250.14. The agreed upon amount is within the established budget that has been set aside for completing the repair work for this project. No contingency funding that was approved for the original contract is being used to complete the flood repair work. The cost of the repair work is eligible for partial reimbursement from the Federal Emergency Management Administration (FEMA). The hourly labor rates and material markup costs proposed by Western Summit Constructors, Inc. for this additional work reflect the same pricing structure they offered under their original bid and are in accordance with the contract provisions. An independent cost estimate prepared by the design engineer confirmed that the pricing proposed by Western Summit Constructors, Inc. for the additional work is fair and reasonable. The original awarded contract of $13,511,500.00 and this proposed change order of $1,309,250.14 will bring the new total contract not-to-exceed amount to $14,820,750.14. March 24, 2014 Council Meeting, Page 38
Recommendation Based on the above, staff recommends that the City award a change order to the competitively bid contract with Western Summit Constructors, Inc., Englewood, Colorado in the amount of $1,309,250.14 for completing the first phase of flood damage repairs to the Everist Reservoir Site Water Storage Cell Improvements Project. QUESTIONS FOR COUNCIL Does City Council approve the change order to the competitively bid contract with Western Summit Constructors, Inc. in the amount of $1,309,250.14 for completing the first phase of flood damage repairs to the Everist Reservoir Site Water Storage Cell Improvements Project? LEGAL COMMENTS Due to the flood from last summer, there was extensive damage to the construction site where Western Summit was working on the north campus of the Prairie Waters Project. The proposed change order in the amount of $1,309,250.14 is for restoration work caused by the flood. City Council is required to approve this change order since staff negotiated for the work. (2-376 ( II) (b)(3))(mckenney) Mike Hyman PUBLIC FINANCIAL IMPACT (If Yes, EXPLAIN) Yes No Funding for this contract change order will be from the Capital Improvement Program, Water Fund, in the amount of $1,309,250.14. ORG USED: Everist/Flood Repairs-FEMA PW#5 (52394) PRIVATE FISCAL IMPACT (If Significant or Nominal, EXPLAIN) Not Applicable Significant Nominal Not applicable. EXHIBITS ATTACHED: 1. Attachment A - Scope of Work and Cost Schedule.pdf 2. Council Minutes 03-03-08.pdf 3. Council Minutes 09-30-13.pdf 4. Weekly Report of 10-21-13.pdf 5. Project Location Map for Everist Reservoir.pdf 6. Everist Reservoir Aerial Photo.pdf March 24, 2014 Council Meeting, Page 39
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