SUBJECT:
Title
A Resolution of the Town Council of the Town of Erie Waiving the Keep Jobs in Colorado Requirement for the Erie Lake Dam Repairs Project
Department
DEPARTMENT: Utilities
Presenter
PRESENTER(S): Bruce Chameroy; Water and Wastewater Division Manager
Weston Ring; Utilities Project Manager
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Time
TIME ESTIMATE: 0 minutes
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For time estimate: please put 0 for Consent items.
Fiscal
FISCAL SUMMARY:
Cost as Recommended: $0
Balance Available: $N/A
Fund Choose a fund.
Line Item Number: xxx-xx-xxx-xxxxxx-xxxxxx
New Appropriation Required: No
Policy
POLICY ISSUES:
None
Recommendation
STAFF RECOMMENDATION:
The staff recommends the passage of the resolution.
Body
SUMMARY/KEY POINTS
• This item is in front of council because it requires acceptance by the governing body.
BACKGROUND OF SUBJECT MATTER:
The Colorado Dam Safety, Office of the State Engineer (SEO) performed the annual inspection for Erie Lake Dam on September 26, 2022 and observed pooling water at the downstream toe of the dam, located along the southwest portion of the embankment. SEO instructed the Town to institute a daily monitoring plan and to update data on a shared file with photographs and measurements. On September 27, 2022, the Town cleared vegetation from the wet area and identified the active source of seepage. Todd Fessenden (Town Public Works Director) contacted HDR for support on evaluating the seepage issue. HDR was contracted with the Town of Erie to perform a data/records review of pertinent available documentation, perform an onsite dam examination, and deliver a technical memo of findings and recommendations.
Recently, the Town entered into a construction contract with Geo-Solutions for the construction of the designed solution. Geo-Solutions has requested the waive the Keep Jobs in Colorado requirement due to the specialized nature of the work they are completing on behalf of the town.
The Town’s construction attorney reviewed the contractor’s justification and had the following opinion:
“The Town is under contract with a Geo-Solutions, Inc. to perform work on the Erie Dam Seepage Rehabilitation Project. Part of the statutory requirements for public projects in Colorado includes a preference for at least 80% of labor to come from Colorado residents. This is typically not an issue for most contractors. However, there are some trades or scopes of work that require specialized training and experience that do not allow for compliance. In contemplation of that, the statute (Sec. 8-17-101) allows for contractors to request waivers of the 80% requirement. Under the statute, as long as there is reasonable evidence of insufficient Colorado labor to complete the work and that compliance would create an undue burden for the efficient completion of the project, a waiver can be granted. The statute charges the governing body of the public entity that contracted the project with approving any such waivers. If a waiver is approved, a notice must be posted on the Town’s website that notices the approval of the waiver and includes the justification for the waiver.
Geo-Solutions has requested such a waiver related to the project scope requiring “slurry wall trenching”. As described in the attached materials, this is a highly specialized and technical scope of work that relies on trained teams to complete. Given the background information and intent of the statute, I am of the opinion that Geo-Solutions has presented a reasonable basis for granting the waiver for this project.”
priorities
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attachments
ATTACHMENT(S):
1. Resolution
2. Waiver Form
3. Contractor Justification