Consent 1.C.
Regular City Council Meeting
- Meeting Date:
- 11/09/2009
- TITLE
- W.O. 08-01, Water and Sanitary Sewer Replacement Projects, Schedule 1, Change Order No. 5
- PRESENTED BY:
- David Mumford
- Department:
- Public Works
Presentation:
PROBLEM/ISSUE STATEMENT
A contract with COP Construction, LLC for Schedule 1 of the 2008-09 Water and Sanitary Sewer Replacement Projects requires amendment. While replacing the sanitary sewer main in the alley between Minnesota Avenue and 1st Avenue South, COP encountered a number of differing subsurface or physical conditions as defined in Section 4.03 of the General Conditions; as a result, COP is requesting a total of $104,803.26 in additional payment under these contract provisions for the costs associated with the combined differing conditions.
As detailed in the attached Change Order No. 5, between July and September 2009 during replacement of the sanitary sewer main between Minnesota Ave. and 1st Ave. S., the City’s consulting engineer, Morrison-Maierle, Inc. (MMI), received claims correspondence relative to the sewer work in the alley. Claims of differing subsurface or physical conditions encountered during the work generally included trench debris, unidentified underground utility pipes and structures, and unmarked phone and power lines. Field conditions relative to the claims were reviewed as work progressed, and the costs associated with each claim were reviewed when they were finally submitted by COP on September 18. Both MMI and City staff support payment of a total claim amount of $104,803.26 for additional equipment, manpower, and materials costs.
COP has requested 44 additional calendar days to perform the remaining claim work and to make-up for time delays during the project as claim issues were being resolved. COP has also requested 53 calendar days to cover the time that no work was being done between September 18 (when COP submitted claim costs to MMI for review) and November 10 (date of requested City Council approval of the claim) and claim costs were being reviewed. Total additional contract days requested are, therefore, 97 days.
As detailed in the attached Change Order No. 5, between July and September 2009 during replacement of the sanitary sewer main between Minnesota Ave. and 1st Ave. S., the City’s consulting engineer, Morrison-Maierle, Inc. (MMI), received claims correspondence relative to the sewer work in the alley. Claims of differing subsurface or physical conditions encountered during the work generally included trench debris, unidentified underground utility pipes and structures, and unmarked phone and power lines. Field conditions relative to the claims were reviewed as work progressed, and the costs associated with each claim were reviewed when they were finally submitted by COP on September 18. Both MMI and City staff support payment of a total claim amount of $104,803.26 for additional equipment, manpower, and materials costs.
COP has requested 44 additional calendar days to perform the remaining claim work and to make-up for time delays during the project as claim issues were being resolved. COP has also requested 53 calendar days to cover the time that no work was being done between September 18 (when COP submitted claim costs to MMI for review) and November 10 (date of requested City Council approval of the claim) and claim costs were being reviewed. Total additional contract days requested are, therefore, 97 days.
ALTERNATIVES ANALYZED
The Council may:
• Approve COP’s claim of differing subsurface or physical conditions related to the work and the associated $104,803.26 additional project costs and 97 additional project calendar days.
• Do not approve COP’s claim with the requested payment for additional project costs and extension of contract time. If Council does not accept the collection of claims presented under this change order, COP would have the option to file a Claim under Section 10.05 of the Standard General Conditions of the Construction Contract. If the Engineer and City staff are unable to resolve such Claim, COP may ultimately choose to move towards Dispute Resolution.
• Approve COP’s claim of differing subsurface or physical conditions related to the work and the associated $104,803.26 additional project costs and 97 additional project calendar days.
• Do not approve COP’s claim with the requested payment for additional project costs and extension of contract time. If Council does not accept the collection of claims presented under this change order, COP would have the option to file a Claim under Section 10.05 of the Standard General Conditions of the Construction Contract. If the Engineer and City staff are unable to resolve such Claim, COP may ultimately choose to move towards Dispute Resolution.
FINANCIAL IMPACT
The net result of Change Order No. 5 is an estimated $104,803.26 increase to the contract price and a 97-day increase to the contract time. The contract price would be increased from $775,199.08 to $880,002.34 and the contract time would be increased from 91 to 188 days. Sufficient FY09 sewer funds are available for Change Order No. 5.
RECOMMENDATION
Staff recommends that Council approve Change Order No. 5 for W.O. 08-01 in the amount of $104,803.26. The contract price would be increased from $775,199.08 to $880,002.34 and the contract time would be increased from 91 to 188 days. Sufficient FY09 sewer funds are available for Change Order No. 5.