making the difference · 2019-09-09 · 28 august 2019 abhro mitra senior consultant turner &...

28 August 2019

Abhro Mitra Senior Consultant

Turner & Townsend 2 St. Clair Avenue West Floor 12 Toronto, Ontario M4V 1L5

t: +1 416 925 1424 e: [email protected] w: turnerandtownsend.com

Report LTA Progress Report

Central 70 Project

Kiewit Meridiam Partners

making the difference


Central 70 Project

Turner & Townsend 02

Contents

1 Executive Summary 6

Design and Construction Progress 6

Financial Management 6

Technical Advisor Certificate 6

Areas of Concern 6

2 Design and Approvals Process 7

Progress on Design 7

Other Topics 10

2.2.1 Utility Overview 10

2.2.2 Railroad Overview 10

2.2.3 Right of Way Overview 11

Permits 11

3 Progress of the Works 12

Works Schedule 12

3.1.1 Schedule Progress 14

Schedule Analysis 15

3.2.1 Milestone Tracking 15

3.2.2 Milestone Discussion 15

Construction progress 16

Commissioning 16

Issues arising 16

3.5.1 Issues this period 16

3.5.2 Issues from previous period 18

3.5.3 Anticipated Issues 18

3.5.4 Schedule Issue 20

Health & Safety 20

Lost-Time Injuries 20

Complaints & Enquiries 20

Operations and Maintenance 20

4 Financial Management 21

Change Notices and Change Orders 21


Central 70 Project


4.1.1 Change Notices 21

4.1.2 Change Orders 21

Construction Invoice 22

Milestones 22

Cash Flow 23

4.4.1 Monthly cashflow 25

4.4.2 Cumulative cashflow 25

Deductions 25

5 Technical Advisor Certificate 27

Appendix A Progress Photographs 28

Appendix B TA Certificate 48

Rev Originator Approved Date

0 Abhro Mitra Dominic Leadsom 28 August 2019

© Turner & Townsend. This document is expressly provided to and solely for the use of Kiewit Meridiam Partners on the Central 70 Project

and takes into account their particular instructions and requirements. It must not be made available or copied or otherwise quoted or

referred to in whole or in part in any way, including orally, to any other party without our express written permission and we accept no

liability of whatsoever nature for any use by any other party.

F:\TOR\JOBS\2016 JOBS\21644LS - C-70 - DL_ABM\CONSTRUCTION MONITORING\REPORTS - 2019\REPORT 19 - AUGUST 2019\LTA PROGRESS REPORT 19.DOCX


Central 70 Project


Preface

Turner and Townsend have been retained by Kiewit Meridiam Partners (the “Consortium”) as the

Lenders Technical Advisor (“LTA”) to provide LTA services on the Central 70 Project (the

“Project”). Turner & Townsend will be undertaking construction progress monitoring for the term

of the construction period. The scope of the LTA monthly reporting includes:

Site visit (as scheduled in the LTA Terms of Engagement) to meet with the

Construction Joint Venture (CJV)’s site management team, review progress of

the works and discuss issues that may have an impact on cost and schedule.

Monitoring of and reporting on construction costs during the construction

phase, including variation analysis and approval.

Monitoring of and reporting on construction sub-contractor’s performance

against the schedule, compliance with milestone dates and any anticipated

delays and methodology proposed to overcome them.

Tracking of and reporting on discharge of permit conditions, approvals and any

other such consent as may be required.

Review and sign-off on construction invoice and other such Project Costs as

may be included in the Consortium’s Construction Requisition Certificate.

Report on the monthly drawdown application, including comparison of drawn

funds against the anticipated cashflow or milestones as required and

confirmation that the cost to complete is sufficient.

Summarize each of the above in a monthly progress report.

Project background

The Central 70 Project (the “Project”) involves redesigning a portion of I-70 Corridor in Denver,

Colorado, which stretches from I-25 on the west to Chambers Road on the east. The corridor

provides regional access from downtown Denver and the metropolitan area to Denver International

Airport; linkage as an inner beltway between I-225 and I-270; and access to adjacent employment

areas, neighbourhoods, and new development centres. The Project is to be procured as a design-

build-finance-operate-maintain through a public-private partnership model for a 30 year

concession.

The procuring authorities for the Project are Colorado Bridge Enterprise (“BE”) and High

Performance Transportation Enterprises (“HPTE”) each of which is a government-owned business

within the Colorado Department of Transportation (“CDOT”). CDOT is managed by the Colorado

Transportation Commission (the “Transportation Commission”) which is the State’s transportation

policy decision-making body. CDOT manages the State’s transportation system under the direction

from the Transportation Commission.

The Project involves work on approximately 10 miles of the I-70 corridor that includes:

restriping from I-25 to Brighton Boulevard

lowering the highway below grade from Brighton Boulevard to Colorado Boulevard


Central 70 Project


full reconstruction from Colorado Boulevard to Sand Creek

mill/overlay & widening from Sand Creek to Chambers Road; and

O&M responsibilities beyond construction from Chambers Road to Tower Road.

A map of the Project area that shows the various Project sections is provided below.

This report has been prepared on the instructions of the Consortium and is for the benefit and use

of the Lenders and the Consortium in processing construction phase payments. The contents are

confidential and should not be disclosed to any third party without the permission of the Lenders,

the Consortium and the Authors.


Central 70 Project


1 Executive Summary

Risk weightings

Red Serious risk with very high likelihood of impact on the Scheduled Substantial Completion Date

Amber Notable risk with medium likelihood of impact on the Scheduled Substantial Completion Date

Green Potential risk to be monitored, low likelihood of impact on the Scheduled Substantial Completion Date

Design and Construction Progress

Design development activities are underway and we have reported in more detail on the progress

of the design in Section 2 of the report. Construction activities are currently underway and we

have reported on these in more detail in Section 3.3 of the report.

Risk Weighting

Financial Management

We have received the Construction Contractor’s monthly billing dated August 05, 2019, which

shows the current payment due for this period as $18,550,826.88. We have also reviewed the

information available to verify the cost to date represents a reasonable assessment of the works

completed at this stage of the Project to the period ending July 27, 2019.

Risk Weighting

Technical Advisor Certificate

We have received the Payment Application for the work completed through July 27, 2019 from

KMP. We have reviewed the documentation included and verified the amounts included for the

works. We have provided a copy of our Technical Advisor certificate in Appendix B.

Risk Weighting

Areas of Concern

We have identified a few items of note in Section 3.2 and 3.5 of the report with regards to ongoing

issues that have been discussed in the MPR.

Risk Weighting


Central 70 Project


2 Design and Approvals Process

Progress on Design

In Monthly Progress Report (MPR) 19, dated July 2019, Kiewit Meridiam Partners (KMP) reported

the following progress. The design work is being done by KMP’s design lead WSP and sub-

consultants. The following has been summarized in the MPR with regards to the design works that

are currently ongoing for various disciplines.

Bridges

On-going post design revisions.

Turner & Townsend has no further comments.

Railroad

UPRR

As requested by UPRR, draft comment responses for the 100% submittal were submitted

for review on June 28, 2019.

UPRR provided comments on the draft comment responses for the 100% submittal on July

18, 2019.

Submitted 100% UPRR Bridge submittal on July 20, 2019.

Submitted License Agreement revisions for CBC/42”/48” on July 22, 2019 and

Sanitary/Storm along I-70 on July 23, 2019.

Submitted Phase 4 Abutment 1 on July 19, 2019.

Phase 4 CBC/Phase 5 flipbook distributed to UPRR on July 19, 2019.

We note that some comments from the UPRR review have resulted in opening new SENs as noted

further in the report. KMP, CDOT and UPRR have been closely coordinating the comment resolution

process. As per our ongoing discussion the design solutions emerging from the SENs have been

incorporated in the UPRR plans. As noted above UPRR have provided comments on the 100%

submittal. KMP has confirmed that the ongoing comment resolution does not impede some of the

UPRR related bridge girder fabrication work and the design associated with those items are in good

standing. We expect the IFC drawings for all UPRR design related items to progress as the

comments are being resolved.

BNSF

BNSF Bridge and Crossing Plan submittals under BNSF review.

The BNSF package is at RFC stage as per our discussion with KMP.

Walls

On-going post design revision.

Turner & Townsend has no further comments.

Cover

KMP hosted Comment Resolution for the Constructability Review for 100% Pump Station.


Central 70 Project


KMP requested Restricted Activity for the foundation of the Pump Station.

A variance was completed for the underdrain in the Cover Drainage package.

The pump station design has interdependencies with the drainage design and has been under

discussion during previous periods. The drainage packages have been progressing towards RFC.

Cover Systems and Cover Top packages are at 100% stage. There is continued coordination

between Denver Fire Department, CDOT and KMP for various cover design related aspects for the

pump station.

Drainage

NDC-00070 was transmitted to CDOT for review on July 15, 2019.

CDOT conditionally accepted the 100% Stormwater and FFFS Pump Station Package.

On-going post design development.

CDOT confirmed submission of the 100% UPRR Track Relocation Report to UPRR on July 2,

2019 via CDOT-EML-005623.

The west drainage is divided into West 1 & 2 and other sections include Centre and East 2. All

have either been progressing or have progressed to RFC as reported in previous periods. Design

modifications on the field are being dealt by NDCs as needed.

Environmental

No updates this period.

Geotechnical


As discussed with KMP in previous periods, there have been no changes to the baseline conditions

as determined by the investigations from geotechnical studies. Geotechnical memo was sent to

BNSF, UPRR and regarding Sand Creek bridges previous period.

ITS, Signals

100% West and Center Network Plans- Addressing comments for RFC submittal

100% ITS Structural Details were transmitted to CDOT Comments addressed drawings being

revised.

46th & Monroe (N & S) Rail and Traffic signals – On-going design coordination

47th & York Rail and Traffic signals – On-going design coordination

Permanent Traffic Signal Timings – Final AM Timings in with the Department

NDC 0000108 – Updated Bridge Details for Traffic and Lighting Poles – Under development

Permanent Ramp Meter Timings – Department comments received and are being addressed

NDC 000084 West – With KMP

NDC 000158 - Conduit Crossing design- In Design

NDC 000162 – Center / Drainage adjustments-In Design


Central 70 Project


NDC 000182 – West ITS Updates- In Design

RFC Node Building Plans – With the Department

RFC CDOT East Network Plans – Addressing minor comments for RFC

Remaining Temp Splicing Plans – With KMP

CCD Project wide Network Plans – Addressing comments

FDC 000068 - Fillmore - In Design

NDC 000165 – Roadway NDC with minor ITS Adjustments

NDC 000047 – Temp Signals – In IQC

As noted above, field design changes are being handled via a NDC, as applicable.

Landscaping

KMP hosted 100% Cover Architectural IDR Comment Resolution Meeting.

The variance for the irrigation depth was submitted as an RFI, as requested by the City and

County of Denver for documentation of the approved variance.

KMP continued to work through the Drainage Variance for the Cover.

The landscape design lends itself to the finalization of the cover structure and cover system

design. There is continued efforts via task force meetings between KMP and City and County of

Denver. The Concessions/CDOT building is being designed as two separate units to be maintained

by City and County of Denver, and CDOT. As discussed with KMP this period, there has been

ongoing coordination between CCD and CDOT on landscaping related items to finalize the

landscape.

Lighting

NDC 000068 – East ITS one-line diagrams and ITS Updates R&R – With KMP

NDC 000113 - West - Ongoing post design.

NDC 000141 - Center to IQC - Ongoing post design.

NDC 000177 - 270 Lighting Changes - Ongoing post design.

Project Wide Temp Lighting NDC - Pending

Turner & Townsend have no further comments. As noted field design changes are being handled

by NDCs as applicable.

MOT


KMP continues to discuss construction strategies for MOT with the City and County.

Pavement



Central 70 Project


Signing & Marking

NDC 000073 – With the Department

NDC 000079 – With KMP

NDC 000114 (General clean up and corridor-wide update) - Ongoing post design.



Far East on hold because of roadway changes.

Center and West: 95% have anchor bolt clashes.

Turner & Townsend have no further updates. As noted field design changes are being handled by

NDCs as applicable.

Roadway

On-going coordination with Cover for final grading and curb details.

On-going coordination with drainage for final grading of school parking lot.


Turner & Townsend have no further updates.

Utilities

NDC-000083 has been released for construction

Water conduit package 2 has been sent to Denver Water for comments

Turner & Townsend have no further updates.

Survey & Mapping


Other Topics

2.2.1 Utility Overview

Further details on this topic are in the MPR. Construction activity for various sanitary, water and

dry utilities have been underway. Works have been progressing on the north and south of the

Stapleton from Holly to Dhalia. All utility WO’s are being tracked on the Project schedule. There

are no specific issues with utility work at this time.

2.2.2 Railroad Overview

The following has been discussed on railroads this period:

UPRR: Design: UPRR 100% bridge package was submitted. Continuing issues with UPRR’s failure

to approve UPRR Crossing Plans, imposition of requirements beyond the applicable Review


Central 70 Project


Standards, and refusal to cooperate are described in the Supervening Event and Anticipated

Issues sections of the MPR.

Construction: Continued UPRR Phase 4 bridge shoring for 112 shoofly (post cutover shoring).

There is ongoing coordination with KMP and UPRR on various railroad related activities. Design

with 100% was submitted. As per our ongoing discussion the design solutions emerging from the

SENs have been incorporated in the UPRR plans. UPRR have provided comments on the 100%

submittal. KMP has confirmed that the ongoing comment resolution does not impede some of the

UPRR related bridge girder fabrication work and the design associated with those items are in good

standing. We expect the IFC drawings for all UPRR design related items to progress as the

comments are being resolved.

BNSF: Design: BNSF Bridge and Crossing plan submittals are under BNSF review.

As per our discussion with KMP there are no concerns with BNSF related design work items. The

BNSF works are not on the critical path for the Project. The key activity is the construction of the

BNSF Bridge for which KMP will have 9 months to execute construction activities. During this time

the BNSF track will be temporarily decommissioned. As per our discussion with KMP this period the

RFC for this package has been achieved. The PUC application was submitted previously.

2.2.3 Right of Way Overview

The details of the progress made in this topic is in the MPR. In summary, building demolition for

2019 is complete. Possession of temporary parcels, easements, notice of intent, waiver valuations

for temporary easements and MOA signing with property owners are underway.

Permits

Turner & Townsend have no further comments at this time. Items regarding permits and approvals

that are needed to progress the Project have been discussed in the MPR where appropriate.


Central 70 Project


3 Progress of the Works

Works Schedule

A Revised Baseline Schedule has been approved for the Project following the execution of the

Settlement Agreement. The schedule has been prepared by dividing the Project area into

segments from 0 to 7. The picture below shows the segments and the description.

Area 2, 3 and 4 of the Project, from Brighton Blvd to Dahlia St, is the lowered section that includes

the UPRR section and the existing viaduct. Area 5 (Dahlia St. to Sand Creek) is the reconstruction

segment and Area 6 (Sand Creek to Chambers Rd) is the widening section of the Project. Area 7

involves ITS/Tolling. Area 0 and Area 1 includes the section of the Project with re-striping works. A

majority of the works on the Project is within area 2, 3, 4 and 5.

Each area is further divided into blocks. The blocks are defined for eastbound and westbound

directions and are tied with a numbering scheme to identify the respective area it is in. The Project

schedule has been developed based on this block structure. The figure below shows the block

numbering scheme and a typical numbering methodology. The breakdown of works is defined in a

block structure that helps track the various activities of the Project at a detailed level.


Central 70 Project


The MPR includes a copy of the schedule as per this block methodology.

Identified below are the key milestones that have been identified in the Schedule based on the

Settlement Agreement, which has resulted in modification of the requirements for Milestones 3

and 4 and the addition of Milestones 5 and 6. The finish dates for Milestones 1 through 4 have

remained the same. The Project Substantial Completion Date has been moved from Mar 25, 2022

to Sep 21, 2022, an extension of 180 calendar days.


Central 70 Project


Payment Milestones Finish Date

Milestone 1 (Sand Creek to Chambers) 09-Dec-19

Milestone 2 (Sta 2091+00 to Sand Creek Bridge) 10-Nov-20

Milestone 3 (UPRR Phase 1-5) 17-Oct-20

Milestone 4 (WB I-70 Brighton Blvd. to Dahlia St/Viaduct Demo) 26-Sep-21

Milestone 5 (EB I-70 Brighton Blvd. to Dahlia St, UPRR Phase 6) 25-May-22

Milestone 6 (SMA Paving, Cover top, 46th Avenue) 20-Aug-22

Substantial Completion 21-Sep-22

Final Acceptance 20-Dec-22

The schedule has been further broken down into design, procurement and construction related

activities. In addition there are works identified for ITS installation and testing, procurement,

installation and testing of tolling devices, activities related to right of way acquisitions for various

area parcels, partial acquisitions and temporary easements.

Turner & Townsend have provided updates on the progress of the schedule based on the Revised

Baseline in the subsequent sections. We note that any new SEN that is currently under discussion

is not factored in this schedule update.

3.1.1 Schedule Progress

We have included photographs from the construction progress in Appendix A of this report. A

detailed report on the Schedule Progress has been provided in the MPR.

In summary, work has continued on Brighton Boulevard, concrete paving of blocks, shoofly works

completed for UPRR with one remaining, Columbine and Clayton bridge works were in progress,

abutment works was also in progress to the north of this section, progress on MSE walls on

Colorado, preparation works for the Steels bridge, progress on east of Colorado between Colorado

and Dhalia and Dhalia to Holly, utility works have been in progress on various sections of the

roadway and also progress was made on the east end of the Project.

Various construction activities to support the progress noted above include, installation of erosion

control at Stapleton south of I-70, excavation activities on the south of I-70 around the Filmore,

Columbine, and Clayton bridges, channel widening near I-270, storm drainage installation on

various sections of the roadway, structural works that includes MSE walls, bridge decks, caisson,

pier caps etc. installation of guardrails on various sections, MOT activities to support the ongoing

construction, pavement laydowns, temporary striping works and installation of ITS/electrical

ductbank. These activities are highlighted in the photographs included in Appendix A of this report.


Central 70 Project


Schedule Analysis

3.2.1 Milestone Tracking

More details can be found in the MPR. Below is the excerpt from the MPR showing the comparison

of milestone dates between the Revised Baseline Schedule (RBS-2) and the Schedule for this

period.

As noted in the table above, the Schedule for this period shows a 79 day delay to Substantial

Completion from the planned date in the RBS-2. At this time KMP is evaluating options to mitigate

this delay. As per our discussions with KMP, this delay is attributed to the several new SENs

related to UPRR works that are currently under discussion.

A delay has also been identified for upcoming Milestone 1 and KMP is currently evaluating options

to mitigate this delay. As per our discussions with KMP, this delay is attributed to the deferring of

the SMA paving activity that is within Milestone 1, which is now anticipated to be completed in

2020. As per our discussion with KMP, paving activities are most suitable to be completed in

warmer months. The Milestone 1 completion is scheduled for Dec 2019 and KMP is currently

discussing options with CDOT to fulfil the terms for Milestone 1 completion without the SMA paving

complete.

3.2.2 Milestone Discussion

A detailed description of the sequence of work items that are planned for each Milestone is

discussed in the MPR.

The Project Critical Path is formed by Milestone 3 and 4, 5, and leading through Substantial

Completion. It is to be noted that Milestone 3 marks the completion of UPRR Phases 1 through 5

and is targeted to finish by Oct 17, 2020. The Longest Path of the Project is Milestones 1 and 2. A

detailed task-by-task description of these Milestones can be referred to in the MPR.


Central 70 Project


Continued resolution of the UPRR related items are important to keep the Project Critical Path on

target for a timely completion of the activities for Milestones 3 and 4. Also as noted, Milestone 1 is

currently projected to be delayed. Turner & Townsend would like to identify the projected delays

as an item of note.

Construction progress

Construction activities are underway. The MPR has provided a detailed description of various

construction activities that have been underway this period that includes works on MOT, utilities,

drainage, civils, pavement, permanent barrier, structures, railroad, ITS/signals/lighting, signings &

marking, cover and walls.

Turner & Townsend have undertaken a site visit on August 08, 2019 to discuss the construction

progress. We have provided photographs of the works that have been progressing in Appendix A

of this report.

Commissioning

There are no items to report on at this time.

Issues arising

3.5.1 Issues this period

3.5.1.1 Supervening Events

The MPR has outlined the following Supervening Events. We have provided a summary of these in

the section below. A detailed description of the event is provided in the MPR.

SEN 1, 2 and 4. Closed.

SEN 5. Supervening Event 5 was initiated to address asbestos that was found on a site for which

remediation works have been underway. Further discussion has been underway this period on this

SEN. As per our discussion with KMP there is no impact on the Project schedule or the cost as a

result of this SEN. This SEN is anticipated to be closed shortly.

SEN 7. Supervening Event Notice 7 is regarding the Sand Creek Bridge. KMP has identified a

Compensation Event as a result of physical damage to the section of the bridge. Discussion is also

underway between KMP and CDOT to determine whether the bridge is part of the Project and

whether it should be maintained by KMP. We would like to note that some works associated with

the Project around the Sand Creek Bridge overlaps with upcoming Milestone 1 Project works. As

per our discussion with KMP there will be no impact on Milestone 1 as a result of this. The MOT

phasing has been adjusted to mitigate the impacts. More details on this SEN is provided in the

MPR.

SEN 8. Supervening Event Notice 8 is with regards to UPRR bridge design for lateral support. KMP

has progressed the design as per UPRR’s request and continues to d iscuss this with CDOT and

UPRR. More details on this SEN is provided in the MPR.

SEN 10, 11, 12, 13, 14, and 15. These SENs relate to UPRR asking KMP to address items that

have been requested by UPRR via their comments on the design. The MPR has details on each

SEN. A proposed mitigation and next steps have been submitted by KMP in the submittal


Central 70 Project


documentation. Turner & Townsend have discussed these with KMP and would like to note that

discussions are underway between KMP, CDOT and UPRR to discuss a path forward for each of

these SENs. We have also been made aware that the 100% design that has been submitted this

month addresses these additional requests. KMP is actively engaging with CDOT and UPRR such

that any cost or time impacts to the Project are managed and mitigated as a result of these SENs.

Turner & Townsend would like to identify the above noted SENs as items of note.

SEN 16. This is in regard to the extreme weather condition termed as a “Bomb Cyclone” that

occurred on March 13, 2019 and continued through the afternoon of March 14, 2019 and the

consequential loss of productivity during this time.

SEN 17, 18. This is in regard to the shoring for 100% UPRR Trackwork Plans as compared to the

shoring requested by UPRR. This request, as noted by KMP, is deeper and more complex and will

require more time to design and approve and consequently lead to an extended duration of

installation. SEN 18 is a Delay Relief Event initiated by KMP and related to the SEN 17.

SEN 19. Withdrawn.

SEN 21, 22. These are in regard to the KMP describing how a breach of the Project Agreement

was made by the Enterprises. Specifically, it describes how the Enterprises failed to enforce

CDOT’s Railroad Agreement with UPRR in response to UPRR’s preferential demands concerning

certain steel components on the UPRR crossing. As of July 10, 2019 CDOT transmitted the

Supervening Event Notice and Submission back as Rejected.

SEN 23. This is with regards to identification of Asbestos Containing Material on a project site.

Steps have been taken to mitigate this.

SEN 24, 25, 26, 29 and 30. These are notices for Compensation Events for the SENs noted

above.

3.5.1.2 Design Progress

We have summarized the status of design for various disciplines in the sections noted above. We

note that discussions are currently underway on several SENs related to UPRR, and continue to

have a bearing on the issue of the RFC of the UPRR design. KMP is actively discussing these with

CDOT and UPRR. KMP is focussing on construction activities related to UPRR and ensuring the

design is progressing to later phases. The 100% UPRR plans that were submitted last period, KMP

continues to receive back comments from UPRR. The design solutions under discussion from the

pending UPRR related SENs continue to be incorporated in the design submittals as per KMP.

The MPR has specifically noted and our discussions with KMP had confirmed that the 95% plan

acceptance for UPRR and associated variances have allowed the team to move forward with

restricted activities on girder fabrication components in an attempt to mitigate additional time

impacts on the UPRR bridge work in advance of the release for construction documents. KMP

continues effort to meet regularly to identify mitigation opportunities on the project for

presentation to management of both KMP and the Enterprises.


Central 70 Project


3.5.2 Issues from previous period

The MPR has elaborated on various Supervening Event Notices and that have been discussed

above. Updates will be made as discussions on these SENs progress.

3.5.3 Anticipated Issues

The following has been reported in the MPR:

UPRR Coordination

The following has been reported in the MPR on UPRR related coordination.

Design: Coordination difficulties continue between UPRR, CDOT and KMP; communication has been

systematically frustrated by, among other things, UPRR’s failure to appoint an authorized contact,

UPRR’s refusal to cooperate, UPRR’s refusal to communicate with KIC, and UPRR adding

previously-unspecified requirements and criteria (i.e. beyond the specified Review Standards).

UPRR periodically attended weekly task force meetings to discuss the project and design

development. The feedback and discussion from UPRR in the recent task force meetings, attended

by UPRR, has been minimal and unproductive. Frequent informal design discussions were held with

KMP designers and UPRR design reviewers for permanent and temporary design topics in early

March, which allowed a streamlined conversation on outstanding items and resulted in more

efficient comment response and submittal review periods. Due to escalating differences in design

criteria, on March 28, 2019, KMP was informed by CDOT that KMP was no longer to communicate

with UPRR or their consultants directly. As requested, KMP compiled all communications between

KMP and Benesch and transmitted to CDOT on April 1, 2019 via Aconex (KMP-TRN-006514).

On April 15, 2019, KMP was informed that UPRR would no longer review certain material until

100% bridge package is approved. This is contrary to the previous review and approval

discussions with UPRR. UPRR has since reviewed some material as the 95% package has been

reviewed; however, UPRR’s failure to cooperate may impact the project schedule.

KMP was informed on June 25, 2019 by CDOT that the primary reviewer for Benesch reviewing as

a consultant for UPRR for the Central 70 project would be taking a more involved role in multiple

UPRR projects. CDOT indicated this would likely result in less devoted time to review Central 70

material and longer review durations than previously experienced during the project. This will

likely exacerbate the impacts for which CDOT is responsible.

UPRR design representatives did not attend regularly scheduled UPRR Task Force meetings the

first two weeks of July (7/1/19 and 7/8/19) with little advance notice of their absence.

Turner & Townsend would like to note the above mentioned comments made by KMP. We

anticipate KMP, CDOT and UPRR to come to a resolution to ensure timely progress of the UPRR

related design elements. As per our discussion this period, the 100% UPRR plans that were

submitted last period have been returned with comments and at this time are not at RFC stage

yet. As per KMP, the design solutions emerging from the UPRR related SENs continue to be

incorporated in the design submissions. A delay is currently projected in the Milestone 3 (UPRR

Phases 1-5).


Central 70 Project


On July 16, 2019, KMP and CDOT personnel met with UPRR operations and design coordination

members to discuss alternate track alignment plans that allow the UPRR bridge to be built in a

single phase and reduce the overall schedule and impact to UPRR by approximately four months.

During the meeting, UPRR advised that it needed access to their complete yard to maintain

operations. KMP plans to review UPRR’s comments and attempt to develop another alternate track

alignment, and review with CDOT accordingly. On July 26, 2019 KMP and CDOT personnel with

UPRR drainage and structural reviewers to discuss revised license agreement submittals and

shoring concept development.

The above noted comments point to the coordination efforts being made by KMP regarding UPRR

related items. We anticipate that with continued discussion amongst KMP, UPRR and the Enterprise

a construction approach can be taken that helps mitigate any projected delay. Milestone 3, (UPRR

Phases 1-5) which is dated for 17 Oct 2020, is currently projected to be delayed. As per the PA,

the completion of Milestone 3 is to be achieved to the extent such that trains are to be operating

on the phase 4 and 5 structure.

Operations: UPRR crews decided to relocate the 404/405 switch work, originally in the Phase 3C,

on March 18, 2019 in order to accommodate crew availability and work flow, this sequence varies

from the 100% approved track plans. The Phase 3A was not completed as scheduled due to the

design not being approved until March 14, 2019. The approved shoring by UPRR requires shoring

that is deeper, more complex, and in new areas than indicated in the 100% Trackwork Plans and

Specifications. The increase in quantity and complexity results in an unanticipated increased

duration for shoring design and approval.

Turner & Townsend would like to note the above mentioned notes on track works. Details on SEN

17 and 18 have been provided in the MPR. We anticipate KMP, CDOT and UPRR to come to a

resolution to ensure timely progress of the UPRR related operational elements.

BNSF Coordination

The following has been reported in the MPR.

At the BNSF 100% Bridge Comment Resolution meeting on February 22, 2019, BNSF engineering

informed KMP that the bridge needed to follow BNSF specifications. BNSF had previously indicated

that CDOT specifications would be acceptable. On March 14, 2019, BNSF provided specifications

and standard details not previously provided. As discussed at the comment resolution meeting,

KMP has since provided interim submittals to address the newly provided details and notes. KMP

provided revised notes on March 29, 2019, and received a “no outstanding comments” on the

response from BNSF on April 10, 2019. KMP followed up with an access detail on April 12, 2019,

requesting review. BNSF provided a response on April 18, 2019, requesting different access

clearance criteria be met than provided in standards. KMP responded on April 22, 2019, with an

alternative design, discussion of approach and request for a meeting. Efforts to communicate by

phone were made by KMP to BNSF with each step of these design adjustments. BNSF responded

on May 7, 2019 with additional comments. KMP and BNSF exchanged e-mails on May 7th and 8th

further discussing access solutions prior to BNSF providing direction at the May 9, 2019 BNSF TF

meeting.

At the June 6, 2019 BNSF Task Force Meeting, BNSF notified KMP that they would not be utilizing

STV to support the RFC review process, who had been involved in the 30% and 60% review


Central 70 Project


efforts. BNSF noted Wilson would be reviewing the RFC drawings prior to review by the BNSF

structures group. KMP noted the concerns of bringing in a new reviewer for final review; however,

BNSF expressed Wilson would be advised to verify outstanding comments were addressed, not to

develop additional new comments, and would limit their review to 30 days. At this time, the RFC

package has not been approved, despite its initial submission in January 2019. The RFC package

was transmitted to CDOT for review on June 4, 2019. As of July 27, 2019, BNSF had not provided

any comments or feedback on the Bridge or Crossing plans, significantly later than the 30-day

review period confirmed by BNSF.

Turner & Townsend have no specific comments on the above at this time. We also note that as per

our continued discussions with KMP, the progress on BNSF design has been reported to be good.

Also, to note is that the BNSF works are not on the critical path of the Project at this time. The key

item of works involves bridge works for which KMP will have 9 months to execute the construction

activities. During this time the BNSF track will be temporarily decommissioned. RFC for this

package is anticipated as per our discussions with KMP. The PUC for BNSF related works has

already been submitted.

3.5.4 Schedule Issue

As reported in the MPR:

KMP continues to analyze the potential impacts to the Project schedule and to develop alternate

schedule approaches to mitigate delays to Project Milestones and the Project’s Substantial

Completion for review with CDOT prior to implementation. Other potential critical schedule issues

include Supervening Event 008, 010, 011, 012, 013, 014, 015, 017, and 018, which have the

potential to delay the Project.

Turner & Townsend would like to make note of KMP’s comment above with regards to the SENs 08,

10, 11, 12, 13, 14, 15, 17, 18, 21 and 22. As noted in sections above, all of these are currently

under discussion between KMP and CDOT. We note that UPRR works forms Milestone 3 (Phase 1-5)

and is on the Critical Path for the Project.

Health & Safety

Turner and Townsend have nothing to report, unless otherwise notified.

Lost-Time Injuries


Complaints & Enquiries


Operations and Maintenance

Operations and Maintenance Monthly Progress Report (MPR) 13 is included with the MPR. More

details on operations and maintenance incident logs etc. are reported in the O&M MPR along with

other topics of discussion. No operations related non-conformances have been reported this

period.

Turner & Townsend have no specific comments at this time.


Central 70 Project


4 Financial Management

Change Notices and Change Orders

4.1.1 Change Notices

The following is the status of the Change Notices as reported in the MPR this period. A list of all

Change Orders from past period that are not active for discussion, are listed in the MPR.

More details on the Change Notices is included in the MPR. ECN #038 and #041 are items of note.

Turner & Townsend have no specific comments at this time.

4.1.2 Change Orders

A list of all Change Orders from past period that are not active for discussion, are listed in the

MPR.

Turner & Townsend have no further comments.


Central 70 Project


Construction Invoice

We have received the CC’s monthly billing dated August 05, 2019 which shows the following:

Original Contract $813,185,600.00

Net change by Change Order $1,342,645.50

Contract To-Date $814,510,245.50

______________________________________________________________

Total completed & stored to-date $229,313,956.48

Change order withheld $(-)

Change order Earned $ 967,021.69

Deductions last period $534,000.00

Stored Material $ 498,540.39

Stored Material withheld 0% $ -

Total Earned $228,779,956.48

Less previous payments $210,214,129.60

Less Noncompliance/Deductions in Period $15,000.00

Current payment due $18,550,826.88

Balance to Finish Less Retainage $585,745,289.02

Milestones

Following are the schedule milestones for the primary activities achieved during this period as

noted in the MPR.


Central 70 Project


Turner & Townsend have been provided with Kiewit Infrastructure Co.’s Letter of Certification to

KMP along with the draft payment application that certifies the progress. Turner & Townsend have

discussed the above with KMP and are satisfied that it is a reasonable representation of works

completed this period. The design activities are progressing in various disciplines as noted in the

sections above. The construction activities are in progress as well.

Cash Flow

The table below shows the cumulative CC work against earned value and also the cost to

complete. We are currently satisfied that the cost to complete is sufficient for the scope of works

remaining.


Central 70 Project


Month

A. Construction

Contract – Appendix D – Schedule of Values (Cumulative CC Work)

B. Earned Value (Cumulative)

Differential

(B-A)

% of CC Work

Cost to Complete

Financial Close $26,642,000 $26,642,000 $0 3.28% $786,543,600

January 2018 $41,711,251 $41,711,251 $0 5.13% $771,474,349

February 2018 $54,246,486 $54,246,486 $0 6.67% $758,939,114

March 2018 $62,408,181 $62,408,181 $0 7.67% $750,777,419

April 2018 $67,557,665 $67,557,665 $0 8.31% $745,627,935

May 2018 $69,313,107 $69,313,108 $1 8.52% $743,872,492

June 2018 $75,867,788 $75,867,789 $1 9.33% $737,317,811

July 2018 $89,924,750 $89,924,752 $2 11.06% $723,260,848

August 2018 $96,496,339 $96,496,341 $2 11.87% $716,689,259

September 2018 $104,579,218 $104,579,220 $2 12.86% $708,606,380

October 2018 $119,270,836 $113,366,992 ($5,903,844) 13.94% $699,818,608

November 2018 $134,997,004 $122,090,012 ($12,906,992) 15.01% $691,095,588

December 2018 $148,471,023 $127,265,206 ($21,205,817) 15.65% $685,920,394

January 2019 $171,824,834 $135,158,145 ($36,666,689) 16.62% $678,027,455

February 2019 $192,060,857 $144,633,798 ($47,427,059) 17.79% $668,551,802

March 2019 $218,844,666 $157,298,501 ($61,546,165) 19.34% $655,887,099

April 2019 $257,256,011 $175,807,638 ($81,448,373) 21.62% $637,377,962

May 2019 $295,980,390 $184,819,114 ($111,161,276) 22.73% $628,366,486

June 2019 $325,944,706 $209,793,385 ($116,151,321) 25.80% $603,392,215

July 2019 $356,406,853 $228,346,935 ($128,059,918) 28.08% $584,838,665

We would like to note that the projected cashflow as noted above in the table above reflects the

revised cashflow that was agreed upon as per the Settlement and amendment to the Construction


Central 70 Project


Contract. An updated Appendix D was prepared and the values were generated from the revised

Financial Model.

For this period and as seen in the table above, the cumulative earned value spend has been lower

than the cumulative CC projected value. We note that as per our discussion with KMP and as

reported in the MPR, all ongoing design development activities are progressing towards RFC.

Construction activities have been progressing as noted. We anticipate the construction to catch-up

in the forthcoming periods and that should close the gap between the planned cashflow and the

earned value. We note that with the current progress the schedule is projecting a 79 delay to

Substantial Completion.

4.4.1 Monthly cashflow

4.4.2 Cumulative cashflow

Deductions

The following is the current status of NCEs and CCDs to date as reported in the MPR.


Central 70 Project


The total cumulative monetary value that has been accrued for NCEs and CCDs are:

Cumulative Noncompliance (NCE points converted to dollars) $355,000.00

Cumulative Construction Closure Deduction $194,000.00

Total to date $549,000.00

Adjustments have been made to the construction invoice to reflect this deduction as noted under

Section 4.2 of this report. A letter of rectification has also been issued that aims to manage the

accrual of the NCE and CCD points. We have discussed this with KMP. CDOT and KMP are currently

under discussions to re-evaluate the deduction regime. We will provide updates as more

information has been made available.


Central 70 Project


5 Technical Advisor Certificate

We have received the Payment Application dated August 05, 2019 for the work completed through

July 27, 2019 from KMP. We have received the Form of Construction Requisition Certificate

(Exhibit G) dated August 26, 2019. We have reviewed the documentation included and verified the

amounts included for the works. We have provided a copy of our Technical Advisor certificate in

Appendix B. The list below shows previously issued and the current Technical Advisor certificate.

Certificate Certificate Date

Amount (as requested in Exhibit G, Section 1 –

Withdrawal Request)

Cumulative Total

Financial Close NA $26,642,000.00 $26,642,000.00

Certificate 1 March 07, 2018 $15,069,251.00 $41,711,251.00


Certificate 3 April 25, 2018 $8,161,695.00 $62,408,181.00

Certificate 4 May 23, 2018 $6,631,609.91 $69,039,790.91

Certificate 5 June 25, 2018 $5,186,419.44 $74,226,210.35

Certificate 6 July 24, 2018 $6,860,681.55 $81,086,891.90

Certificate 7 August 24, 2018 $14,056,882.49 $95,143,774.39

Certificate 8 September 25, 2018 $6,571,589.25 $101,715,363.64

Certificate 9 October 25, 2018 $8,405,316.15 $110,120,679.79

Certificate 10 November 26, 2018 $8,787,772.36 $118,908,452.15

Certificate 11 December 19, 2018 $10,976,220.00 $129,884,645.15

Certificate 12 January 25, 2019 $5,135,193.54 $135,019,838.69

Certificate 13 February 25, 2019 $8,150,455.09 $143,170,293.78


Certificate 15 April 26, 2019 $13,272,979.80 $165,890,926.77

Certificate 16 May 24, 2019 $18,332,605.82 $184,223,532.59

Certificate 17 June 21, 2019 $11,325,388.93 $195,548,921.52

Certificate 18 July 24, 2019 $25,229,280.92 $220,778,202.44

Certificate 19 August 28, 2019 $18,900,826.88 $239,679,029.32


Central 70 Project


Appendix A Progress Photographs

Erosion control at E Stapleton Drive next to Holly St. south of I-70

Preparation for erosion control north of I-70 between Steele-Vasquez and Jackson St.


Central 70 Project


Ongoing excavation activities south of I-70 between Brighton Blvd & Wynkoop St

Excavation activities around the Fillmore Bridge near Fillmore St. just North of I-70

Widening of the overflow channel south of I-270


Central 70 Project


Excavation activities south of I-70 at Colorado Blvd Bridge

Rip-Rap aggregated near E Stapleton Dr. S and Holly St south of I-70 in preparation for crushing near the

off-ramp north of I-70 just to the right of Havana St.

\


Central 70 Project


Storm Drain Pipes stored south of I-70 and west of Colorado Blvd

Storm drain installation in progress between I-70 and E Stapleton Drive N west of Holly St

Storm drain installation in progress between I-70 and E 40th west of Peoria St.


Central 70 Project


Sanitary pipes staked near Brighton Blvd and 47th Ave below

Sanitary pipes for installation between I-70 and E Stapleton Drive N east of Grape St


Central 70 Project


Fillmore Bridge Deck installation near Fillmore St. (foreground) and Clayton bridge (background) decks

being poured

Caisson Drilling near the Columbine Bridge @ Columbine St. north of I-70

Stack pole of reinforcement steel at Brighton Blvd and E 47th Ave north of I-70


Central 70 Project


Works in progress for pier cap at the Colorado Blvd Bridge

Guardrail installation for the 270 Bridge


Central 70 Project


Works in progress for installation of walls between I-70 and E 40th east of Central Park Blvd

Works in progress for rebar on approach slab and expansion joints for the bridge deck on west of Peoria

St.

H-piles stored between north of I-70 and E 45th Ave east of Havana St.


Central 70 Project


Works in progress for rebar installation in preparation for guardrail installation at Peoria St. Bridge

Works in progress for walls, rebar and footing on Quebec St. north of I-70


Central 70 Project


MOT in place for works E 46th Ave between National Western Drive and Marion St. north of I-70

MOT in place for work on I-70 off-ramp towards Central Park Blvd.

MOT in place for roadway closure to facilitate temporary pavement work around E Stapleton Drive S


Central 70 Project


Roadway pavement on E 46th Ave between National Western Drive and Marion St. north of I-70

Roadway expansion/restriping just north of I-70 on Brighton Blvd

Paving works in progress on I-70 eastbound shoulder west of Central Park Blvd


Central 70 Project


Paving works in progress on I-70 eastbound on-ramp west of Central Park Blvd

Paving works on progress on I-70 eastbound near Peoria St. west of Peoria St. Looking west


Central 70 Project


Guardrail rebar and installation on I-70 near Central Park Blvd off-ramp

ITS ductbank installation on I-70 eastbound on-ramp east of Central Park Blvd

Works in progress for bridge deck at Clayton


Central 70 Project


KMP recorded an aerial video of the corridor on August 03, 2019. Below are some screen shots from the video

that show the progress on various sections of the roadway.

East of Brighton Blvd looking towards the UPRR railroad

Overlooking the UPRR railroad tracks


Central 70 Project


East of UPRR railroad tracks looking east on I-70 with widening works undertaken on the north of I-70

East of Josephine Street looking over the new Columbine Street Bridge deck


Central 70 Project


East of Columbine Street looking over the new Clayton Street bridge

East of Steels Street looking over the widening works around the ramps on the north/south of I-70


Central 70 Project


East of Steels Street looking over the widening works in between Steels St and Colorado Blvd north of I-70

Looking over the Colorado Blvd with bridge works on north and south of I-70


Central 70 Project


Looking over east of Dhalia Street

Looking over north and south of I-70 around Stapleton Drive N/S


Central 70 Project


Looking over I-270 on I-70 with the new bridge deck to the south of the existing

Widening works on north and south of I-70 east of the I-270


Central 70 Project


Overlooking widening works on north and south of I-70 east of the Central Park Blvd

Looking over the Peoria Street with new bridge decks on north and south of I-70


Central 70 Project


Appendix B TA Certificate

Error! Unknown document property name. Exhibit H-1

EXHIBIT H

FORM OF TECHNICAL ADVISOR CERTIFICATE

Date: August 27, 20191

U.S. Bank National Association, as Collateral Agent

Global Corporate Trust Services

950 17th Street, DN-CO-T12C

Denver, Colorado 80202

Attention: Gretchen L. Middents

Telephone: (303) 585-4596

Email: [email protected]

U.S. Bank National Association, as Intercreditor Agent

Global Corporate Trust Services

950 17th Street, DN-CO-T12C

Denver, Colorado 80202

Attention: Gretchen L. Middents

Telephone: (303) 585-4596

Email: [email protected]

Re: Kiewit Meridiam Partners LLC

Ladies and Gentlemen:

This Lenders’ Technical Advisor Certificate (this “Certificate”) is being delivered to you by Turner

& Townsend cm2r Inc. (“Turner & Townsend”), as Lenders’ Technical Advisor pursuant to

Section 5.24(a) of the Collateral Agency and Account Agreement, dated as of December 19, 2017

(as amended, amended and restated, supplemented or otherwise modified from time to time, the

“Collateral Agency Agreement”), among Kiewit Meridiam Partners LLC (the “Borrower”), the

United States Department of Transportation, acting by and through the Executive Director of the

Build America Bureau (the “TIFIA Lender”), U.S. Bank National Association, a national banking

association, in its capacity as intercreditor agent on behalf of the Secured Creditors (in such

capacity, the “Intercreditor Agent”), U.S. Bank National Association, a national banking

association, in its capacity as collateral agent on behalf of itself and the other Secured Parties (in

such capacity, the “Collateral Agent”) and in its capacity as securities intermediary on behalf of

itself and the other Secured Parties (in such capacity, the “Securities Intermediary”) and each other

Secured Party that accedes to the Collateral Agency Agreement in accordance with Article IX

thereto. Capitalized terms used and not otherwise defined herein shall have the meanings assigned

1 Technical Advisor Certificate must be delivered at least 3 Business Days prior to the proposed date on which funds are proposed to be withdrawn from the applicable Project Account or transferred from a Project Account to another Project Account (or such shorter period of time as is acceptable to the Intercreditor Agent and the Collateral Agent).


to such terms (whether directly or by reference to another agreement) in the Collateral Agency

Agreement.

We have reviewed the provisions of Section 5.24(a) of the Collateral Agency Agreement as they

identify the responsibilities of the Lenders’ Technical Advisor related to providing this Certificate.

We last visited the Site (as defined in the Project Agreement) on August 08, 2019 and observed

the status of progress at the Project at that time. We have reviewed documentation and held

discussions with the Borrower regarding the progress of construction activities at the Project since

that time. We have received the material data made available to us by the Borrower with respect

to the Project. We have also reviewed the Construction Requisition Certificate delivered on

August 26, 2019 by the Borrower (the “Subject Requisition”).

Our review and observations were performed within the scope of the Professional Services

Agreement, dated as of May 12, 2015, between the Lenders’ Technical Advisor and the Sponsors

(or affiliates thereof) (as amended and supplemented, the “Technical Services Agreement”), and

with the degree of skill and diligence normally practiced by independent technical advisors or

consultants performing the same or similar services on like projects. Based upon the foregoing

review and review procedures and on the understanding and assumption that we have been

provided true and complete information from other parties as to the matters covered by this

Certificate, as of the date of this Certificate, except as set forth in detail in Attachment A to this

Certificate, we are of the reasonable opinion that:

(a) for any funds to be applied to Project Costs for construction work under the

Construction Contract, such funds are for payment in respect of actual work

completed or work reasonably projected to be completed (except with respect to the

initial funding of the Construction Reserve Account);

(b) no Funding Shortfall exists;

(c) all amounts requisitioned in the Subject Requisition relate to Project Costs that have

been incurred or are reasonably projected to be incurred within the next thirty-five

(35) days in connection with the Project, and none have been the basis for a prior

requisition that has been paid; and

(d) Milestone Completion for Milestone 5 is reasonably expected to be achieved on or

prior to the Longstop Date.

This Certificate has been prepared in accordance with the Technical Services Agreement. This

Certificate is solely for the information of and assistance to the Intercreditor Agent and the

Collateral Agent in their respective capacities under the Collateral Agency Agreement, the Senior

Secured Parties and the TIFIA Lender in conducting and documenting their investigation of the

matters in connection with the Project and is not to be used, circulated, quoted, or otherwise

referred to within or without the lending group for any other purpose. Turner & Townsend

disclaims any obligation to update this Certificate. This Certificate is not intended to, and may

not, be construed to benefit any party other than the Intercreditor Agent and the Collateral Agent

in their respective capacities under the Collateral Agency Agreement, the Senior Secured Parties,

and the TIFIA Lender.


[The remainder of this page intentionally left blank; signature page immediately follows.]


Very truly yours,

TURNER & TOWNSEND CM2R INC.

By:

Name: DOMINIC LEADSOM

Title: DIRECTOR

making the difference · 2019-09-09 · 28 august 2019 abhro mitra senior consultant turner &...

Documents