4.6. SR 07-18-2016City of
Elk —
River
Request for Action
To
Item Number
Mayor and City Council
4.6
Agenda Section
Meeting Date
Prepared by
ConsentJuly
18, 2016
Justin Femrite, P.E., City Engineer
Item Description
Reviewed by
Change Order No. 2 and Engineering Fees for
Matt Stevens, Chief Operator
Wastewater Treatment Facility Improvements
Reviewed by
Cal Portner, City Administrator
Action Requested
Approve, by motion, Change Order No. 2 for a contract time extension for the Wastewater Treatment
Facility Improvement project and increase in engineering fees.
Background/Discussion
The attached change order and letter from Rice Lake Construction Group details the request for change
to the contract completion date. Seth Peterson, our project manager, and our staff have reviewed this
request with Rice Lake Construction Group and recommend the increase in contract duration of 35 days.
The contract time extension will not cause any missed timelines for compliance with our discharge
permit.
If this change order is approved, the total contract duration for the project will have increased from 700
days (original contract) to 873 days (after CO #1 and CO #2). These additions have led to additional
engineering observation and administration on the project. Bolton & Menk, Inc. is requesting an increase
to their fees to account for these changes in the project timeline. Staff had originally discussed this with
Bolton & Menk, Inc. at the time of processing Change Order #1 in March, 2015. Being early in
construction, Bolton & Menk, Inc. was willing to see how the project progressed in potentially not
needing to request additional compensation for that contract change. Staff has reviewed their request and
recommends its approval.
Financial Impact
There is no requested change in contract pricing associated with approval of Change Order No. 2 for
Rice Lake Construction. Staff anticipates the increased engineering fees of $186,450 for Bolton & Menk,
Inc. will not increase the overall project budget. Being the project has progressed with few changes, there
remains unassigned contingency within the project budget sufficient to cover the increase.
Attachments
Change Order No. 2
Letter form Rice Lake Construction Group
Letter from Bolton & Menk, Inc.
P a w E A E U s r
NaA f RE]
SECTION 00991— CHANGE ORDER
PROJECT: WWTF Improvements
DATE OF ISSUANCE: 7/6/2016
OWNER: City of Elk River, Minnesota
ENGINEER'S Project No.: T21.106811
EFFECTIVE DATE: 7/6/2016
No. 2
CONTRACTOR: Rice Lake Const. Group ENGINEER: Bolton & Menk, Inc.
You are directed to make the following changes in the Contract Documents.
Description:
The Contractor experienced delays with establishing the correct microbiology in the aeration basins and it took nine (9)
weeks for the Contractor to establish the correct microbiology to produce good biologic treatment. Typically it takes
approximately four (4) weeks to establish the correct microbiology.
Reason for Change Order:
The aeration basins were started during the winter (December 2015) and the cold weather inhibited the microorganisms
from growing quickly causing the extra time.
Attachments: (List documents supporting change)
See attached letter from Rice Lake Construction Group dated
May 3, 2016.
CHANGE IN CONTRACT PRICE:
CHANGE IN CONTRACT TIMES:
Original Contract Price
Original Contract Times
Substantial Completion :740 days or dates
$16,525,200.00
Ready for final payment :700 days or dates
Net changes from previous Change Orders No. 1 to No. 1
Net changes from previous Change Orders No.1 to No. l
$16,785,191.59
138 days
Contract Price Prior to this Change Order
Contract Times prior to this Change Order
Substantial Completion :838 days or dates
$16,785,191.59
Ready for final payment :838 days or dates
Net Increase of this Change Order
Net Increase of this Change Order
$0.00
35 days
Contract Price with all approved Change Orders
Contract Times with all approved Change Orders
Substantial Completion :873 days or dates
$16,785,191.59
Ready for final payment :873 days or dates
RECOMMENDED: A—? J
By:
Engineer (Authorized Signature)
Dake: 7/6/2016
EJCDC No. 191008-13 (1990 Edition)
APPROVED:
By:
Owner (Authorized Signature)
ACCEP7D:
By:
Contractor (Authorized Signature)
7A Itr,
Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America.
T21.106811 — Elk River, MN CHANGE ORDER
Wastewater Treatment Facility Improvements PAGE 00991-1
cLAKIE
CONSTRUCTION GROUP
May 3, 2016
Bolton & Menk, Inc.
12224 Nicollet Ave.
Burnsville, MN 55337
ATTN: Seth Peterson, PE
RE: Elk River Wastewater Treatment Facility Improvements
RLCG Project No. 1422
Aeration Basin Startup Delay
Seth,
As you are aware, during the startup of the Aeration Basin the bug growth was
significantly slower than usual. The basins were put online on 12/21/15, and were
determined fully functional on 2/25/16 (approximately 9 weeks later). In past
experience, Rice Lake has found that it typically takes 3-4 weeks to grow the bugs
needed during startup.
Due to the 5 week delay, Rice Lake was not able to start the scheduled
succeeding work as planned. This caused the schedule to fall behind by
approximately 5 weeks. Therefore, Rice Lake is requesting the Substantial
Completion date be extended by 5 weeks.
If you have any questions, or require additional information, do not hesitate to
contact us.
Sincerely,
Rice Lake Construction Group
Matt Perpich
Project Manager
• BC> L—TON & M r-= N K
Consulting Engineers & Surveyors
" 12224 Nicollet Avenue • Burnsville, MN 55337
Phone (952) 890-0509 • Fax (952) 890-8065
www.bolton-menk.com
July 6, 2016
Mr. Justin Femrite, P.E.
City Engineer
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
RE: Elk River WWTF
WWTF Improvements Project
Project No.: T21.106811
Dear Mr. Femrite:
NG®
The purpose of this letter is to request additional engineering fees for the construction portion of the
wastewater improvements project related to additional days added to the contract time for change orders.
The design documents included a construction schedule of 700 days and there has been one approved
change order to date adding 138 days (4.50 months) to the construction schedule. The contractor has
requested another change order, change order 2, for a request of 5 additional weeks (1.15 months) due to
delays in getting the correct microbiology started in the aeration basins. The total time added to the
construction contract from these two change orders is 175 days (5.65 months) and will result in additional
engineering fees that were not originally included in our proposal. Our original construction fee was for
$429,415 for a period of 13 months which equals approximately $33,000/month. Based on the addition
of the 173 days (5.65 months) to the construction contract we are requesting additional fees in the amount
of $186,450. I have included a copy of the two change orders with this letter for your reference.
We appreciate your consideration of our request and I am hopeful we can come to an agreement regarding
our construction services. If you have any questions regarding any of the above please do not hesitate to
give me a call.
Sincerely,
BOLTON & MENK, INC.
Seth A. Peterson, E.
Principal Engineer
Enclosures
G:\ElkRiver\121106811\1 Corres\femrite ltr 06july2016.docx
DESIGNING FOR A BETTER TOMORROW
Bolton & Menk is an equal opportunity employer
PROJECT: WWTF Improvements
DATE OF ISSUANCE: 2/19/2015
SECTION 00991— CHANGE ORDER
EFFECTIVE DATE:
No. 1
OWNER: City of Elk River, Minnesota
ENGINEER'S Project No.: T21.106811
CONTRACTOR: Rice Lake Const, Group ENGINEER: Bolton & Menk, Inc.
You are directed to make the following changes in the Contract Documents.
Description:
The project was bid in June 2014 and Notice to Proceed was not received until October 2014. This delay was due to the
MPCA not having the NPDES permit and EAW approved. Plan and specification approval was not granted until
October 28, 2014. At that time construction could start. Shortly after construction started a black cinder material was
found in the excavation area and this material required special disposal. There were time delays due to testing of the
material and determining locations where the material could be disposed. Due to these delays the contractor is
requesting additional costs and time extension. We recommend Option I as outlined in Rice Lake's letter.
Reason for Change Order:
Delay in obtaining plan and specification approval, the NPDES permit and EAW from the MPCA. Also, black cinder
material was discovered in the excavation area and required special disposal.
Attachments: (List documents supporting change)
See attached letter from Rice Lake Construction Group dated
Jan. 27, 2015.
CHANGE IN CONTRACT PRICE:
CHANGE IN CONTRACT TIMES:
Original Contract Price
Original Contract Times
Substantial Completion :730 days or dates
$16.525.200.00
Ready for final payment :700 days or dates
Net changes from previous Change Orders No. _ to No. 1
Net changes from previous Change Orders No. to No. I
$0
U days
Contract Price Prior to this Change Order
Contract Times prior to this Change Order
Substantial Completion :O days or dates
s]6,525.200.00
Ready for final payment :O days or dates
Net Increase of this Change Order
Net Increase of this Change Order
$259 991.59
138 days
Contract Price with all approved Change Orders
Contract Times with all approved Change Orders
Substantial Completion :838 days or dates
516.785.191.59
Ready for final payment :838 days or dates
RECOMMENDED: A—r APPROVED- ACCEPTED:
Engineer (Atn prized Signature) Owner (Authorized Signature) Contractor (Aufftized Signature)
Date: 2/19/2015 Date:— Date: 3/s/(5
EJCDC No. 191OC8-B (1990 Edition)
Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America.
T21.10681 l —Elk River, MN CHANGE ORDER
Wastewater Treatment Facility Improvements PAGE 0099 1 -1
SECTION 00991— CHANGE ORDER
PROJECT: WWTF Improvements
DATE OF ISSUANCE: 7/6/2016
OWNER: City of Elk River, Minnesota
ENGINEER'S Project No.: T21.106811
EFFECTIVE DATE: 7/6/2016
No. 2
CONTRACTOR: Rice Lake Const. Group ENGINEER: Bolton & Menk, Inc.
You are directed to make the following changes in the Contract Documents.
Description:
The Contractor experienced delays with establishing the correct microbiology in the aeration basins and it took nine (9)
weeks for the Contractor to establish the correct microbiology to produce good biologic treatment. Typically it takes
approximately four (4) weeks to establish the correct microbiology.
Reason for Change Order:
The aeration basins were started during the winter (December 2015) and the cold weather inhibited the microorganisms
from growing quickly causing the extra time.
Attachments: (List documents supporting change)
See attached letter from Rice Lake Construction Group dated
May 3, 2016.
CHANGE IN CONTRACT PRICE:
CHANGE IN CONTRACT TIMES:
Original Contract Price
Original Contract Times
Substantial Completion :740 days or dates
$16,525,200.00
Ready for final payment :700 days or dates
Net changes from previous Change Orders No. 1 to No. 1
Net changes from previous Change Orders No.1 to No. l
$16,785,191.59
138 days
Contract Price Prior to this Change Order
Contract Times prior to this Change Order
Substantial Completion :838 days or dates
$16,785,191.59
Ready for final payment :838 days or dates
Net Increase of this Change Order
Net Increase of this Change Order
$0.00
35 days
Contract Price with all approved Change Orders
Contract Times with all approved Change Orders
Substantial Completion :873 days or dates
$16,785,191.59
Ready for final payment :873 days or dates
RECOMMENDED: A—? J
By:
Engineer (Authorized Signature)
Dake: 7/6/2016
EJCDC No. 191008-13 (1990 Edition)
APPROVED:
By:
Owner (Authorized Signature)
ACCEP7D:
By:
Contractor (Authorized Signature)
7A Itr,
Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America.
T21.106811 — Elk River, MN CHANGE ORDER
Wastewater Treatment Facility Improvements PAGE 00991-1