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TO: |
Board of Trustees |
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THROUGH: |
Jay Fox, Executive Director |
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FROM: |
Patrick Preusser, Chief Operating Officer |
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PRESENTER(S): |
Bryan Sawyer, Director of Fleet Engineering |
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Ryan Gardner, Fleet Engineering Supervisor |
TITLE:

title
Change Order: Ratification of Unauthorized Light Rail Vehicle 1137 Roof Repairs through Modification No. 2 (Siemens Mobility, Inc.)
end

AGENDA ITEM TYPE:
Procurement Contract/Change Order

RECOMMENDATION:
Rafity the unauthorized roof repairs previously performed by approving and authorizing the Executive Director to execute contract modification No. 2 and associated disbursements with Siemens Mobility, Inc. in the amount of $271,227.00.

BACKGROUND:
Light Rail Vehicle 1137 was involved in an accident on October 15, 2018, initiated by a side impact which caused the train to derail and impact an I-beam traction power pole. This impact caused significant structural damage to the vehicle. Prior to initiating the repair work, a structural evaluation was performed by Siemens. A repair cost and scope of work was provided to UTA which was incorporated into the repair Contract (20-03235, approved by the UTA Board of Trustees May 20, 2020). During the structural evaluation, Siemens identified the potential for hidden damage that could not be fully assessed until the repairs were initiated to access the structural elements.
Following removal of the roof module during the structural repair process, substantial additional damage was identified requiring additional labor and materials to repair. After the discovery of the hidden damage, a Siemens project management error occurred resulting in Siemens proceeding with the repairs prior to receiving authorization from UTA to conduct the additional work. Siemens is requesting compensation for the hidden damage work already completed, totaling $271,227.00.
The original Contract was to repair Light Rail Vehicle 1137 and the Terms of original Contract were to perform repairs based on scope outlined in the original Contract. The term of the contract extended until Project Completion.

DISCUSSION:
This change order is to address the additional repairs performed by Siemens and allow UTA to complete the full required scope of structural repairs of LRV 1137 so it can be returned to revenue service. The scope of work of this change order was completed in 2024, and the completion of the remainder of the project is scheduled by the end of December 2024.
Due to the severity of the structural damage, there was uncertainty to the scope of certain aspects of the repair at the time of contract negotiation that required further evaluation following vehicle disassembly. Uncertainty to the extent of the roof structural damage was briefly noted on page 70 of the repair contract. Although a thorough evaluation of the damage was conducted to develop the base scope of work outlined in the repair contract, risk of additional hidden damages existed due to certain structural elements and components being visually inaccessible without significant disassembly as well as the risk of residual stresses causing additional deformation as the repairs progressed.
UTA has requested and received detailed documentation justifying the additional repair costs and agrees that the work was not included in the original statement of work or the original agreement pricing. The pricing for the additional repair was determined to be fair and reasonable.
The repaired vehicle was shipped to UTA in December 2024.

CONTRACT SUMMARY:
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Contractor Name: |
Siemens Mobility, Inc. |
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Contract Number: |
20-03235 |
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Base Contract Effective Dates: |
06/02/2020 - 12/31/2023 |
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Extended Contract Dates: |
01/01/2024 - 03/31/2025 |
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Existing Contract Value: |
$1,503,250.00 |
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Amendment Amount: |
$271,227.00 |
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New/Total Contract Value: |
$1,774,477.00 |
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Procurement Method: |
Sole Source |
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Budget Authority: |
Approved 2024 Capital Budget |
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ALTERNATIVES:
There are currently no known alternatives.

FISCAL IMPACT:
The funding for this Change Order is covered in the 2024 Capital Budget, Project SGR386, account code 40-7386.57000.7008. This is a one-time charge of $271,227.00.
2024 Capital Budget: $600,000
2024 Capital Budget Available: $272,000

ATTACHMENTS:
Contract Modification #002: Light Rail Vehicle Repair Services Agreement - 20-03235 (Siemens Mobility, Inc.)
Contract Modification #002: Light Rail Vehicle Repair Services Agreement - 20-03235-B (Siemens Mobility, Inc.)