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ITEM 3.4A WWTF change order #3OtsegoTF MINNESOTA DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT. REQUESTOR; MEETING DATE: Public Works City Engineer Wagner March 11, 2013 PRESENTER(s): REVIEWED BY: ITEM #: Consent Agenda 3.4 A AGENDA ITEM DETAILS A) City Staff recommends payment in the amount of $43,246.37 for the Repair of Various Buildings. Payment is to Erickson Builders. B) Staff also recommends approval of Change Order #3 in the amount of $23,131.00 for replacement of siding on the west side of the West WWTF buildings rather than the specified north side. C) Staff is also recommending the council direct the City Attorney to initiate legal action against the engineering firm (Stantec fka Bonestroo) who prepared plans and specifications and provided the inspection services for both the East and West WWTF for failure to notify the City of work not meeting specifications. ARE YOU SEEKING APPROVAL OFA CONTRACT? ISA PUBLIC HEARING REQUIRED? NO I NO BACKGROUNDIJ USTIFICATION: A) Erickson Builders has completed the repair of the siding of East Pretreatment Building and a majority of the East GBT, East Chemical and the East Control buildings. B) CO #3 is a result of the contractor discovering that the side shown and specified in the plan, the north side, was not the storm damaged side. The west side was the damaged side and the area of the west side versus the north side on all of the 4 buildings is greater. The buildings are at approximately a 45 degree angle to having a side face directly north which may have been the issue with the referencing of a particular side. The City, the contractor and the League of MN City's Insurance (LMNCI) met and the LMNCI has accepted the change order and the additional costs associated with it. The costs will become a pass through to the LMNCL The City. Attorney has put the engineering firm that provided the inspection for the building, Stantec, on notice that the council may consider action against them for failure to inform the City that the contractor was not meeting all of their obligations. A potential cost for all of the items that have been discovered is $160,897.72. The issues that have been discovered while completing the residing was both the lack of any moisture barrier and or the improper installation of moisture barrier. Moisture barrier was a specified item in all of the contracts and is part of the Uniform Building Code after 2003. The siding contractor has been taking photos of the issues. Due to the improper or lack of moisture barrier some wood material has contained rot and removal and replacement has been necessary. Also, all of the roofs at the West WWTF are being replaced due to improper fastening of the sheathing. Stantec has not acknowledged any responsibility for failing to enforce specification during construction and the City has not relinquished its claim of damages. SUPPORTING DOCUMENTS: X ATTACHED NONE • Pay Estimate #2 • Change Order #3 • Memo to Public Works • Estimated cost of potential damages from lack of or improper installation of moisture barrier and improper fastening of roof sheathing. MOTION: (Please ward motion as you would like it to appear In the minutes.) Motion to approve Change Order #3 in the amount of $23,131.00 and Motion to approve payment to Erickson Builders in the amount of $43,246.37 for the Repair of Various Buildings and Motion to direct the City Attorney to initiate legal action against Stantec for failure to notify City of Contractors lack of meeting Specifications. BUDGET INFORMATION FUNDING: BUDGETED: X YES LMC Insurance Sewer Fund n NO Water Fund ACTION TAKEN ❑ APPROVED AS REQUESTED ❑ DENIED n TABLED ❑ OTHER (List changes) COMMENTS: PAY ESTIMATE 02 CITY OF OTSEGO Repair Various City Buildings March 3, 2013 Honorable Mayor & City Council City of Otsego 8899 Nashua Avenue NE Otsego, MN 55330 RE: Repair Various City Buildings Contractor: Erickson BuMlers and Co„ Inc. Contract Amounl: $261,318.00 Award Date: November 14, 2012 Completion Date: June 1, 2013 Dear Honorable Mayor and Council Members: The following work has been completed on the above -referenced project by Erickson Builders and Co., Inc. Bid Schedule "A' - Insurance Items CONTRACTOR ITEM NO. ITEM DESCRIPTION ESTIMATED QUANTITY UNIT CONTRACT UNIT PRICE CONTRACT AMOUNT USED TO DATE EXTENSION 1 East Blower Building 1 LUMP SUM $12,300.00 12 390.00 1.00 12 390,00 2 East OBT Building1 West W Building, Roof Sheathing/Shingle Roof System LUMP SUM $18305.00 $ 19305.00 0.76 $ 14476.75 3 EastContfol 1 LUMP SUM $27168.00 $ 27168.00 0,75 20378.00 4 East PreireatmentfDisinfectantlUV BulldlnR 1 I LUMP SUM 13 541,00 $ 13 641.00 1.00 $ 13 641,00 5 East Chemical Building 1 LUMP SUM $9,039.00 ,030,00 0.76 $ 6,779.25 s iWest Pretreatment Bultdim 1 LUMP SUM $23,305.00 ..9 23 365.00 0.00 $ 7 West Control Building 1 LUMP SUM $31,418.00 $ 31 418.00 0.00 $ 8 West UV Building 1 LUMP SUM $10,001.00 18 001.00 0,00 $ 9 West Blower BvIlding 1 LUMP SUM $10,848.00 $ 16,046.001 0.00 $ 10 West Well # 4 Pump douse 3 1 LUMP SUM $J6.435.00 $ 18435.00 0.00 $ Total Bid Schodul , "A" $ 185,310.00_10,00 S 67 66x,00 Bid Schedule "S" - Roof Issues ITE14 I ESTIMATED UNIT CONTRACT UNIT CONTRACTAMOUNT USEDTO EXTENSION NO. ITEM DESCRIPTION QUANTITY UNIT PRICE CONTRACTAMOUNT DATE EXTENSION West W Building, Roof Sheathing/Shingle Roof System Demolition and Now SheathinglShingle Roof System 11 Replacement 1 LUMP SUM $13.450.00 $ 13 450.00 $ Wat Pretreatment Building Roof Sheathfngl5hingle Roof System Damolitlon and New Sheathing Shingle Roof TLUMPSUM 12 tem Replacement 1 LUMP SUM $14,816,00 $ 14 818.00 2 West Control Building Roof SheaOtingiShinglo Roof $23.601 $ 23.50 System Demolition and New SheathinglShingis Roof 13 System ReDlacement 1 I LUMP SUM $23,842.001 $ 23 842.00 $ West Blower Bulkfing Roof ShaaWriglShfngle Roof System Demoliticn and Now SheathinglShingle Roof System i4 Re acement 1 LUMP SUA1 $20,fiO4.00 $ 20 604.00 $ 16 East Well # 2 Pump House 1 LUMP SUM $3,293.00 $ 3,200,001 Total Bid Schedule "S"-78u008.OQ $ Bid Schedule "C" -Alternate to Schedule 8 Using Set Repairs ITEM NO. ITEM DESCRIPTION ESTIMATED QUANTITY UNIT CONTRACT UNIT PRICE CONTRACTAMOUNT USED TO DATE EXTENSION U-1 Total Cost per SP to Include maledals, labor, overhead and profit for removal of and disposal of deteriorated wood roof deck and repIaca with newdec< 1 1 LUMP SUM $3,60 340 $ U-2 Total Cost par SF to include materials, labor, overhead and profit for removal of and disposal of deteriorated wood TLUMPSUM roof deck and replace with now deck 2 $23.601 $ 23.50 Total Bid Schedule "C" $ OT901-2013 - PE - Repair Various City Buildings PE- 1 S PAY ESTIMATE #2 CITY OF OTSEGO RepalrVarlous City Buildings Channa nrdp.e Nn. i CONTRACTOR ITEM NO. ITEM DESCRIPTION ESTIMATED QUANTITY UNIT CONTRACT UNIT PRICE CONTRACT AMOUNT USED TO DATE EXTENSION 1 Gutter and Downspouts 130 LP $10,00 $ 1300.00 0 $ 2 10% Profit and Overhead 1 LS 1030-".4 130,00 0 $ 3 Bond Cost 2% 1 LS $28.617 $ 28.60 0 4 Bufldlnn Permits - 7551 Lancaster Ave. 1 LS $1,655.741 $ 1,655.74 1 $ 1,055.74 5 BOW. Permitts - 5850 Randolph Ave. 1 LS $1,020.001 $ 1,020.00 1 $ 1,020,00 Change Order No.1 $ 4.134.334 $ 2,676,74 'Change, Order insurance Item Chahna nrdar Nn_ 9 ITEM NO, ITEM DESCRIPTION ESTIMATED QUANTITY UNIT CONTRACT UNIT PRICE CONTRACTAMOU14T USER TO DATE EXTENSION 1 Repair rotten wood neer bottom sill on Westslde of the East GBT Bulldi see attached lctures 1 LS 380.tl0 $ 380.00 1 $ .360.00 2 Add house wrap to the With and West s#de of the East GBT Building see attached lclures 1 LS $42$.00 $ 425.00 i 425.00 3 Overhead and Profit t0A 1 LS $79.00 79.00 1 $ 79.00 4 Bonding (2% f LS $17.001$ 17.00 11 s 17.00 Change Order No.2 $ 881.0 $ 881,00 411— onnrd"r Mn a ITEM $ ESTIMATED Bid Schedule "B" 1CONTRACTUNIT 76,008.00 USED TO 2,676.74 NO, ITEM DESCRIPTION QUANTITY UNIT PRICE CONTRACT AMOUNT DATE EXTENSION $ West UV Bullding (RP -109) Replace TOTAL. $ 288,464.34 all siding an the west elevation (270 sq. ft.) 1 Do not replace s!diag on the north elevatiMjL0 s . ft. 1 LS $4,760.00 $ 4,760,00 0 $ West Blovsr Building (RP -110) Replace all stding on the vrest efevailon (124 sq. ft.) 2 Do not replace sid€ o e north elevation 2 1 LS $4,410.00 $ 4,410.00 D S West Pretreatment Bullding (RP -107) Replace all siding on the west elevation (1236 sq, ft.) 3 Do not raplace siding o !he north elevation 399 s 1 LS $10,415.00 $ 10 415.00 0 $ West Control Building (RP -108) Replace all siding on the west elovatlon (373 sq. fL) 4 Do not replace s€dlng on the north elevation 310 sq. ft. 1 LS $0.00 0 $ 6 P(oloct Mane ement 16 HR $65.00 S 1,040.00 0 $ 6 Overhead and Profit 10%" 1 LS $2 002.00 $ 2,062.00 0 $ 7 Bonding 2°k 1 LS $454.00 $ 454,00 0 $ Change Order No. 2 Bid Schedule "A" $ 185,310.00 Bid Schedule "B" $ 76,008.00 Bid Schedule "C" 2,676.74 $ Change Order No.1 $ 4134.34 Change Order No. 2 $ 881.00 Change Order No. 3 $ 23,131.00 TOTAL. $ 288,464.34 Total Work Completed to Date LESS Pay Estimate #1 LESS 5% RETAINAGE: WE RECOMMEND PAYMENT OF; OT001.2013 - PE - Repair Various City Buildfngs PE -2 S $ 67,665,00 S $ 2,676.74 $ 881.00 $ 74,121.74 $ 71,121.74 $ 24,319.28_ �$ 3,866.09 $ 43,246.37 PAY ESTIMATE #2 CONTRACTOR CITY OF OTSEGO Ropatr Various City Buildings APPROVALS: CONTRACTOR: FRf 6K,901$ffUIJ DERS AND CO., INC. certify that all items and amounts are correct for the work completed to date. ENGINEER: HAKANSON ANDERSON Certification by Engineer:,We ryvommend payment for work and quantities as shown. OWNER: CITYOFOTSEGO Signed: Title: Date M01-2013 - PE - Repair Various City Buildings PE -3 'Hakanson mm Elm '111Anderson CONTRACT CHANGE ORDER Project: Repair of Various City Buildings Owner: City of Otsego Order No. 3 Date: 1121113 To: Erickson Builders (Contractor) You are hereby requested to comply with the following changes from the contract plans and specifications; North elevation of West WWTF buildings called out in pians as needing siding replacement. During measurements to order material contractor discovered west elevation is the side of the buildings needing siding replacement. ESTIMATE OF COST Added items Change Order ITEM UNI NO, ITEM.NAME T QUANTITY UNIT PRICE AMOUNT West UV Building (RP -109) 1 Replace all siding on the west elevation (270 sq. ft,) LS 1 $4,750.00 $4,750.00 Do not replace siding on the north elevation (90 sq. ft.) West Blower UV Building (RP -110) 2 Replace all siding on the west elevation (124 sq, ft.) LS 1 $4,410.00 $4,410.00 Do not replace siding on the north elevation (27 sq. ft.) West Pretreatment Building (RP -107) 3 Replace all siding on the west elevation (1236 sq. ft.) LS 1 $10,415.00 $10,415.00 Do not replace siding on the north elevation (399 sq. ft.) West Control Building (RP -108) 4 Replace all siding on the west elevation (373 sq. ft.) LS 1 $0.00 $0.00 Do not replace siding on the north elevation (310 sq, ft.) 5 Project Management HR 16 $66.00 $1,040.00 6 Overhead and Profit (10%) LS 1 $2,062,00 $2,062.00 7 Bonding (2%) LS 1 $454,00 $454.00 Total $23,131.00 Original Contract Amount Change in Contract due to Change Order #1 Change in Contract due to Change Order #2 Change in Contract due to Change Order #3 Total Contract Amount $261,318.00 $ 4,134.34 $ 881.00 $ 23,131.00 $289,464.34 Issued by: Project Engi�ef' Date Approved by: .4 Otsego i y Offi ' Date Accepted by: /? C ntrac s ut orized Representative Date Due to the change order, the contract period wiil remain the same MEMORANDUM TO: Public Works Sub -Committee FROM: Ronald J. Wagner, P.E., City Engineer DATE: February 14, 2013 RE: Change Order 43 — Repair of Various Otsego Buildings The contractor was preparing to order the materials needed for the siding replacement at the West Waste Water Treatment Facility. At that point he noticed the side of the buildings called out in the plans (north side) did not match the side of the buildings that had damage from hail, which was the West side. The contractor called me immediately and I requested he determine the changes in material and work and submit a cost to me. He sent that information to me along with the extra square footage required, I asked the architect who drew up the plans how the discrepancy occurred. He stated he followed the information he received from the League of MN Insurance agency (LMCI), I asked him to send any data he had supporting that. I also asked him to review the costs of the change order and determine if the extra costs were in line. He reviewed it and stated the extra area and extra costs appeared reasonable. We then sent the Change Order to the LMCI to have it approved prior to bringing it forward to the PW Sub or the Council for approval. The LMCI responded that they needed to have a meeting to determine how this happened and was even considering rebidding the project due to the error in the plans. A meeting was held February 13 with the Architect, the LMCI, City of Otsego and the contractor all present. The City of Otsego representatives pointed out that the next low bidder, even with the CO#3 added on was still nearly $25,000 more. We also pointed out the contractor could have completed the North undamaged side and we would even have a larger issue. The LMCI representative wanted to know how the contractor attended the mandatory pre- bid meeting and still did not notice the wrong side shown in the pians or did not measure the correct side in the field rather than bid off the plans. We pointed out to the LMCI representative that none of the contractors attending the meeting recognized or pointed out the plan versus actual error. It seemed the issue for the LMCI was they have a contingency for possible change orders for each of their claims but the $23,000 change order exceeded that amount by a magnitude of nearly 4 as it was nearly 15% of the original bid for the claim. We explained that we were very concerned that rebidding would likely result in a much higher cost which the LMCI would still be paying for. After some phone calls and some consternation the LMCI agent was given authority to approve the change order. Written confirmation via email came early the next day. The costs will be a pass through therefore we recommend the council approve the change order. OT910pwsubmemo - CO#3 Repair of Varios Buildings Page 1 of 1 R 2 b § § g , § kik\2\��! § k ( tk \\ k ` ° 8 e k ! k) u§! k 4 b § § kik\2\��! tk \\ §{ k ! 16 § k ,CIO � b §