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ITEM 4.2 Contract extension for 70th ST/CSAH 37OtsTY.F O MINNESOTA V DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT: REQUESTOR: MMMMMMMMMIMMM MEETING DATE: Public Works City Engineer Wagner July 11, 2016 PRESENTER(s): REVIEWED BY: ITEM #: City Engineer Wagner City Administrator Johnson 4.2 AGENDA ITEM DETAILS RECOMMENDATION: City Staff recommends Council consider allowing a contract extension of the 70th Street/CSAH 37 Improvement Proiect. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No No BACKGROUND/JUSTIFICATION: An original contracted provided the following contract times: A. Milestones: All work, with the exception of the placement of the bituminous wear course and associated shouldering shall be completed on or before October 15, 2015. B. The Work will be substantially completed on or before October 15, 2015, and completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions on or before June 15, 2016. The contractor requested an extension in a letter dated May 27, 2016 to push the completion date to July 1st, 2016 citing wet weather for the reason of the extension request. This extension was granted and included in Minor Work Order #4 which was approved June 13th, 2016. As required the wear course was completed before June 15th, 2016 with shouldering and striping followed shortly after. Completion of the trail aggregate base and bituminous as well as fixing of some erosion areas as well as reseeding of residential yards and final grading mainly along the north side of the road remained to be completed by July 1sc The contractor has requested another extension in a letter dated June 27, 2016, pushing back the it completion date two weeks (July 15th, 2016) citing wet weather as the reason again. The contractor has been informed that they are requesting a Final completion date extension and not the "substantial" completion date. The trail has been completely paved as of July 7th. Final grading and turf establishment will remain to be completed. Liquidated Damages based on the original contract value would be $2,000/calendar day for this project. We would agree the weather has not provided many extended dry periods during late spring and early summer. There were some substantial stretches in May that were dry enough that the trail subgrade and paving could have possibly been completed allowing the contractor to work the site as sooner. We agree that final grading of the residential yards and bottom of the ditches is very difficult with wet soils and would not turn out well. Another issue with trying to establish turf at this time of year is that seeding is not recommended for this region (per MnDOT spec) between June 1st to July 20th. With these considerations we recommend that the Substantial Completion date be extended 15 working days at which time all work shall be completed including final grading and seeding. A working day extension will take into consideration any additional rain days and not need another extension. We recommend that the Final completion be extended to August 20th, 2016 so that the City can hold a % retainage for the seeding and it can be verified that seed placed out of the recommended dates does establish. If vegetation does not establish, the contractor will be held fully responsible for reseeding at their own expense. This contract time extension would be processed with a Minor Work Order #5, prepared by City Staff if approved. SUPPORTING DOCUMENTS: x ATTACHED ❑ NONE List: Extension Request Letter from Contractor POSSIBLE MOTION Please word motion as you would like it to appear in the minutes. Motion to approve of contract time extension for the 70th Street/CSAH 37 Improvement project. Substantial completion date shall be extended 15 working days from July 1'% 2016 and the Final Completion date shall be August 20th, 2016. BUDGET INFORMATION FUNDING: BUDGETED: x YES MSAS Funds Region 7W Federal Funds o NO 5050 Barthel Industrial Dr. Albertville, MN 55301 Ll* FEHN Phone (763) 497-2428 Fax (763) 497-3893 COMPANIES www.fehncompanies.com June 27, 2016 Ron Wagner Hakanson Anderson 3601 Thurston Ave Anoka, MN 55303 RE: 70`h Street/CSAH 37 Substantial Completion Extension No. 2 Ron: Rainy conditions have continued since my letter dated May 27, 2016 with little relief for drying the existing clay soils. Fehn Companies is requesting an additional two week extension from our revised substantial completion date of July 1, 2016 for 70`i' Street/CSAH 37. Our intention is to pave the trail at the end of this week and complete the seeding/erosion control restoration work immediately thereafter. Please contact me to discuss this further if necessary. Thank you for your consideration. Sincerely, Scott J. Lekatz Estimator/Project Manager r*el H N COMPANIES 70th Street/CSAH 37 Delayed Schedule Consideration Additional Work 26,636 CY of Muck Excavation added 9 days of work. 9,500 CY LV of Select Granular added 4 days of work. 14,894 CY of Common Borrow added 5 days of work. 1,500 TN of Class 5 & 300 TN of 3" Rock for Road Stabilization added 2 days of work. The above equals 20 days of additional contract work. Wanthar Average temperatues in May are not conducive to drying clay soils. It rained 14 of out 30 days in June. Need 1-2 days of dry weather after each rain to dry soils. Received 0.12" of rain on Friday, July 1. Received 1.82" of rain on Wed, July 6. Received 0.08" of rain on Thur, July 7. Received 0.04" of rain on Friday, July 8. Received 0.59" of rain on Sunday, July 10. Additional Items of Consideration First 2 lifts of bituminous base course were installed last year even considering all the extra work. Road was open for traffic last fall. Seeding took place late last year. Most of the seed germinated this spring and areas in need of additional work couldn't be fixed in June due to wet conditions. Pond change still not resolved to date. Trail subgrade wasn't ready to be paved week of June 27 due to poor soil conditions. Fehn subcut trail and added Class 5 in soft spots. 5050 Barthel Industrial Drive Albertville, MN 55301