SUBJECT:
Title
A Resolution of the Town Council of the Town of Erie Approving a Construction Contract with Territory Unlimited, Inc. for the Erie Commons Irrigation Pond Improvements
Body
DEPARTMENT: Public Works
Department
PRESENTER(S): Todd Fessenden, Utilities Director
Zachary Ahinga, Civil Engineer
First Name Last Name, Title
FISCAL SUMMARY:
Cost as Recommended: $353,909
Balance Available: $354,000 (pending 3rd Supplemental Budget
approval)
Budget Line Item Number: 500-75-110-605000-100440
New Appropriation Required: No
POLICY ISSUES:
None.
STAFF RECOMMENDATION:
Recommendation
Approve the Resolution authorizing the construction contract with Territory Unlimited, Inc.
End
SUMMARY AND BACKGROUND OF SUBJECT MATTER:
The Erie Commons Irrigation Pond (Pond) and pumping facility is used to store and deliver irrigation water to meet the Town’s irrigation water obligations. The Pond is located east of the Erie Commons subdivision and adjacent to Coal Creek. The Pond has a history of needing embankment repairs which included:
• September 2013 Flooding - Severely damaged the north and south banks which were repaired in 2013.
• Spring 2017 - Repairs performed to install soil riprap across the entire north bank of the Pond and grouted boulders adjacent to an existing sheet pile cut off wall where the Pond is designed to overtop.
• Fall 2023 - Further north bank erosion observed due to high Coal Creek flows and over-flowing of the Pond due to storm events.
• In early 2024 - Repairs included replacement of failing grouted boulders and extending the grouted boulder protection to the northeast side of the Pond.
In May 2023, staff retained infrastructure consultant RESPEC to evaluate prior Pond bank erosion and protection failures; and prepare construction plans and specifications to construct a remediation plan that will ensure the Pond’s long-term operational reliability and increase durability during flooding events.
RESPEC has completed the construction plans and specifications which includes installing a vertical sheet pile “cut-off wall” approximately 200-feet long along the north and northeast Pond embankment. The cut-off-wall is designed to minimize water seepage and removal of fine soil particles from the Pond embankment, which are the primary causes of surface erosion and bank undermining following flood events. The work also includes: dewatering, removing existing grouted boulders, constructing a compacted embankment with grouted boulder replacements, tree protection, and replacing the existing concrete flow measurement flume.
The area of improvement is located within Coal Creek and this area is expected to flood again as it does so frequently. These improvements are meant to increase the odds of the Coal Creek channel and the Pond not being damaged in the future but is not a guarantee that future damage will not occur.
The proposed construction work can only be completed during the non-irrigation period November 2024 through March 31, 2025; as the irrigation period starts on April 1, 2025. Town staff used a hybrid procurement process given the time constraints to complete the design and construction process, and anticipated a small number of experienced specialty sheet pile installation contractors would be available during the fall/winter period.
On Sept. 27, 2024, the Town issued a Request for Statement of Qualifications (SOQ) to five contractors including: CEI Constructors, Edge Contracting, L&M Enterprises, 53 Corporation and Territory Unlimited. Each contractor is listed on the Mile High Flood District’s Project Partners program as the program includes a pre-qualification process and results in a listing of qualified contractors experienced in stream/creek bank repair and stabilization projects. The potential contractors were required to submit SOQs and proposed preliminary unit prices for anticipated major construction components for this project.
On Oct. 17, 2024, two contractors submitted SOQs and proposed unit prices which included: Territory Unlimited and L&M Enterprises. Based on the evaluation of SOQs staff selected Territory Unlimited based on its detailed SOQ, approach to risk mitigation and experience with sheet pile installation; and to participate in the design process with RESPEC under a Professional Services Agreement.
On Nov. 8, 2024, the Town issued a Request for Bids to Territory Unlimited. On Nov. 15, 2024, Territory Unlimited submitted a construction bid in the amount of $314,586 with the required bid bond. Staff determined that the bid was consistent with prior submitted preliminary unit prices and the Engineer’s estimate of $304,382. Staff checked references, and determined Territory Unlimited is in good standing with Mile High Flood District’s Project Partners program and qualified to construct this project.
Staff recommends awarding the construction contract for the Erie Commons Irrigation Pond Improvements to Territory Unlimited, Inc. for the bid amount of $314,586 and a contingency amount of $39,323 for a total contract amount of $353,909.
Fiscal Impact:
The 2024 Water Fund Capital Budget has only $0.19 available to fund this construction contract; therefore, a budget transfer in the amount of $354,000 is included in the 3rd Supplemental budget request to fund this project. The transfer will be from the Zone 2 Tank Project which is budgeted at around $28 million. Due to delays in getting the actual property, and because that project is only at the conceptual design phase, that won't start construction until 2026. Once we have a final design staff will evaluate if there is enough funding or if an additional appropriation is needed to replenish the funding transferred for this project.
Cost Summary:
Item |
Estimated Cost |
RESPEC Professional Services Agreement for Design Services |
$ 62,912.00 |
Territory Unlimited Professional Services Agreement for Design Services |
$ 6,054.00 |
|
|
Construction Bid Amount |
$ 314,586.00 |
Construction Contingency (12.5%) |
$ 39,323.00 |
Total Estimated Design & Construction Cost |
$ 422,875.00 |
COUNCIL PRIORITY(S) ADDRESSED:
ü Well-Maintained Storm water Infrastructure
ü Safe and Healthy Community
ü Effective Governance
ü Fiscally Responsible
ATTACHMENT(S):
1. Resolution 24-186
2. Construction Contract
3. Vicinity Map