Approve, and Authorize the City Manager to Execute, Change Orders for Contract #05-22 with Environmental Quality Resources, LLC, of Millersville, Maryland, for Stormwater Management Facilities Improvements for Northeast Park in an Amount not to Exceed $228,305.19.
Staff recommends that the Mayor and Council approve, and authorize the City Manager to execute, Change Orders for Contract #05-22 with Environmental Quality Resources, LLC (“EQR”) for Stormwater Management (“SWM”) Facilities Improvements for Northeast Park in an amount not to exceed $228,305.19 for the $203,305.19 of known changes to date and $25,000 for additional, anticipated changes for a revised total of $1,629,555.69.
Northeast Park is located within the Rock Creek Watershed. The SWM facility was originally constructed in 1973 as part of the Redgate Farm Pond cluster. In 2005, the facility was converted into an extended detention pond to provide water quality treatment to a 51.07-acre drainage area (26.59 acres impervious). Despite regular dredging over the past five years, a recent inspection of Northeast Park SWM facility identified a 91 percent loss of capacity due to sedimentation.
Contract #05-22, SWM Facilities Improvements: Northeast Park; was a publicly bid, stormwater retrofit, stream restoration, and stabilization project at Northeast Park in the City of Rockville. This project restores functionality, provides additional storage volume, reduces maintenance requirements, protects public infrastructure, and enhances approximately 450 linear feet of an unnamed tributary. This project included removing and replacing the existing 48-inch RCP outfall pipe and installing a standard State Highway Administration (SHA) headwall. Runoff from the storm drain improvements now transition through a series of four riffle-weirs and pools. This provides floodplain connectivity, stable channel banks and improved stream habitat. Large wetland areas adjacent to the channel will regularly be inundated to sustain wetland vegetation and manage flashy stormwater flows. New SWM Best Management Practices (BMPs) were also installed at the end of Neal Drive and Wesley Road to intercept concentrated flow upstream of the SWM facility, which provides additional water quality treatment.
The City Manager is requesting approval to increase costs for construction in the amount of $228,305.19 from $1,401,250.50 to $1,629,555.69 in accordance with Section 17-40 (a) (2) for changes to a contract previously awarded by the Mayor and Council with increases above certain thresholds. On October 3, 2022, the Mayor and Council awarded IFB #05-22, SWM Facilities Improvements: Northeast Park to EQR in the amount not to exceed $1,401,250.50. To date there has been $73,628.59 (5%) net change orders authorized to the contract. With this approval, change orders will total $228,305.19 (16.3%).
Work associated with the proposed change orders includes the unforeseen need for full depth asphalt excavation and replacement as part of the BMPs installed at the end of Neal Drive and Wesley Road (CO #006) and the work and materials required to pour a new concrete apron at the maintenance entrance off East Gude Drive (CO #007). Additional anticipated future costs include expected landscaping reinforcement after one year and additional tree plantings.
Initial site assessments identified untreated runoff and eroded swales from Neal Drive and Wesley Court that discharge directly into Northeast Park. Bioretention basins were constructed at the end of each road to capture runoff and maximize water treatment volume. It was initially believed that resurfacing efforts would be limited to removal of the crown in the road and leveling for even sheet flow during rain events. However, because the proposed asphalt depth of the altered grading could not be confirmed to match the depth of the existing asphalt, a full depth repair was recommended.
All necessary and required modifications to this project were beyond the original scope of work, were not clearly present at the time of the original design and could not have been reasonably anticipated in the original design process.
Mayor and Council History
The original award of Contract #05-22 was approved by the Mayor and Council on October 3, 2022. This is the first request presented to the Mayor and Council to approve a Change Order to Contract #05-22.
Public Notification and Engagement
Staff held a community meeting at Croydon Creek Nature Center on December 3, 2019, to present information and solicit input on the conceptual design. Material provided at the meeting included the expected project goals and outcomes, design alternatives, and the potential impacts to the community. On February 18, 2021, staff held a follow-up meeting virtually, and presented the final design, which incorporated the feedback received at the first meeting.
The Northeast Park Pond and Stream Restoration webpage (City Projects) timeline was updated regularly during COVID-19. A neighborhood advisory was mailed at least two weeks in advance of road closures and construction.
Staff prepared and publicly advertised IFB #05-22 on July 22, 2022, in accordance with Rockville City Code section 17-61. IFB #05-22 was posted on the City website and electronically provided via the State of Maryland new e-Marketplace Advantage (eMMA) system. Sealed bids were received and opened on August 25, 2022, at 2:00PM EST. EQR was the lowest, responsive, and responsible bidder for the SWM Facilities Improvements: Northeast Park project. The proposed unit prices were deemed fair and reasonable by staff. Staff found the references for EQR and their Subcontractors to be satisfactory for this bid.
As previously described in the Discussion section, approval is now requested to increase construction in the amount of $228,305.19 from $1,401,250.50 to $1,629,555.69 in accordance with Section 17-40 (a) (2) for changes to a contract previously awarded by the Mayor and Council with a cumulative value of all changes that exceeds both $100,000 and 10%.
EQR has performed satisfactorily to date on this contract.
EQR is not a MFD-V vendor.
A link to view the Contract and Change Orders 1 - 5 is furnished below:
<https://www.swisstransfer.com/d/e52842e1-54d6-4d23-8e9a-d35f7dc620cb>
Sufficient funding is available in the SWM Facilities Improvement: FY21 - FY25 (SC21) project for the recommended change orders. (attachment SC21 FY24 Adopted Budget). The SWM Facilities Improvement: FY21 - FY25 (SC21) project improves water quality, aesthetics, and flood control; promotes wildlife; and restores functionality of City stormwater management facilities.
Upon Mayor and Council approval, Procurement will proceed with issuing Change Order #006 and Change Order #007 (attachment ACO Packet for changes 6 & 7 IFB 05-22), and plan for a future change order, for a revised total contract amount not to exceed $1,629,555.69.