HomeMy WebLinkAboutEmail - Mail Packet - 8/4/2015 - Email From Darin Atteberry Re: Information From Kevin Gertig And Ken Sampley Re: Boxelder Basin Regional Stormwater AuthorityJuly 27, 2015
TO: Mayor & City Council
FROM: Darin Atteberry
FYI
/sek
From: Darin Atteberry
Sent: Saturday, July 25, 2015 10:51 PM
To: Sarah Kane
Subject: Fwd: BBRSA Update
Pls forward to council.
Thnx
Darin Atteberry, ICMA-CM / AICP
City Manager
Fort Collins, CO
Sent from my ipad. Please excuse any typos.
Begin forwarded message:
From: Kevin Gertig <KGERTIG@fcgov.com>
Date: July 24, 2015 at 4:07:00 PM MDT
To: Darin Atteberry <DATTEBERRY@fcgov.com>, Jeff Mihelich <jmihelich@fcgov.com>, Rachel Askeland
<raskeland@fcgov.com>
Subject: Fwd: BBRSA Update
FYI below on this weeks Boxelder board meeting
Kevin
Sent from my iPhone
Begin forwarded
Subject: BBRSA Update
Greetings!
The Board of Directors of the Boxelder Basin Regional Stormwater Authority (BBRSA) met
at the Leeper Center in Wellington on July 22
nd
, 2015. In addition to normal agenda items
such as approving payments, previous board minutes, independent audit findings, and the
monthly Manager and Engineer updates, there was considerable discussion with the
BBRSA management team, legal counsel, and consultants regarding engineering and
financial components, legal and eminent domain considerations, real estate acquisition,
available funding, and potential risks.
Mr. Tim Singewald presented a July 22,
,
2015 letter from Town of Wellington Special
Counsel Lyons Gaddis stating Wellington’s concerns regarding:
project costs and potential cost overruns;
the amended ruling issued by Judge French regarding use of material excavated
from the Day property;
no contingency for the lump sum contract under consideration for the East Side
Detention Facility; and
final compensation for real estate acquisitions.
The letter stated Wellington’s objections to proceeding further without direction from the
BBRSA members (Fort Collins, Larimer County and Wellington) based on Wellington’s
position that the BBRSA will not complete the projects within the budget approved by the
BBRSA members. The letter requested specific information from the BBRSA regarding
these issues. The letter also stated Wellington’s position that the BBRSA is not authorized
to construct the projects without an amendment to the IGA. These issues have been
discussed in previous BBRSA Board meetings and in meetings with the BBRSA members. It
is the position of the BBRSA and its legal counsel that there is no specific provision in the
IGA that caps the project costs, that the BBRSA members have approved the projects
through execution of the 1
st
Amendment to the BBRSA enabling IGA and the County Road
52 Improvements IGA, and that Judge French’s ruling will be further clarified and/or
overruled to eliminate potential additional costs to use material excavated from the Day
property.
The Board met in executive session to discuss real estate acquisition negotiations and
negotiations associated with construction contracts for the East Side Detention Facility,
County Road 52 Improvements, and Larimer Weld Canal Crossing Structure.
In open session, the Board Directors from Fort Collins, Larimer County and the Joint Fort
Collins/Larimer County Director expressed support for approving contracts to proceed with
the construction of the BBRSA projects. The Wellington and Joint Wellington/Larimer
County Director were not in support based on issues outlined in Wellington’s July 22, 2015
letter. The following actions were approved by the Board in open session on a 3-2 vote
(with the Wellington and Joint Wellington/Larimer County Director voting against):
1. The Board approved an Amended 2015 Budget in order to appropriate funds
to construct the 3 regional BBRSA stormwater projects;
2. The Board approved contracts with the following contractors, engineers and
consultants to proceed with the construction of the 3 regional BBRSA
stormwater projects:
a. Construction Contract with Dietzler Construction for East Side
Detention Facility (ESDF) and County Road 52 (CR-52) Improvements
in the lump sum amount of $7,550,000.00;
b. Construction Contract with Crossfire Construction for the Larimer
Weld Canal Crossing Structure (LWCCS) in the amount of $616,071.93;
c. Work Order #25 with Ayres Associates for ESDF, CR-52, and LWCCS
Construction Phase Services in the amount of $355,845.00;
d. Work Order #26 with Ayres Associates for Boxelder Creek Aquatic
Monitoring for 401 Certification in the amount of $19,940.00;
e. Addendum #8 with Pinnacle Consulting Group, Inc. for LWCCS
Construction Phase Services in the amount of $8,250.00;
f. Addendum #9 with Pinnacle Consulting Group, Inc. for ESDF/CR-52
Construction Phase Services in the amount of $30,800.00;
g. Professional Services Agreement with Brierly Associates for ESDF, CR-
52, and LWCCS Construction Phase Services in the amount of
$261,808.00;
h. Professional Services Agreement with Coffey Engineering and
Surveying for ESDF/CR-52 Pre-Construction Staking Services in the
amount of $3,960.00; and,
i. Professional Services Agreement with Coffey Engineering and
Surveying for LWCCS Pre-Construction Staking Services in the amount
of $1,980.00.
3. The BBRSA Manager and legal counsel were directed to respond to the
issues outlined in Wellington’s July 22, 2015 letter.
If there are any questions, or if additional information is needed, please let me know.
Respectfully,
Kenneth C. Sampley, P.E.
Water Utilities Engineering Manager
City of Fort Collins -- Utilities
700 Wood Street
Fort Collins, CO 80522
Telephone: (970) 224-6021
Work Cell Phone: (970) 658-0295
Email: ksampley@fcgov.com