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Signed Contract_WPCP Modifications_Miron Contruction Change Order No. 4Masterpiece on the Mississippi TO: Michael C. Van Mil!igen, City Manager FROM: Steve Sampson Brown, Project Manager SUBJECT: Waste Water Pollution Control Plant Modifications Miron Construction Co., Inc. - Change Order No. 4 DATE: January 28, 2011 Attached is Change Order No. 4 in accordance with the letter dated December 20, 2010 (attached), between Miron Construction, Inc. and the City for the Water Pollution Control Plant (WPCP) Modifications Project. This is a supplement to item 2a included in Change Order No. 2 which added $250,000 to the contract price for mercury- related cleanup costs. Change Order No. 4 of $250,000 relates to the following mercury- related activities: - $250,000 ACTION TO BE TAKEN Dubuque ktaking NI- America city 1111 2007 City authorized Contractor to increase the contract limit with North Shore Environmental Construction to $1,000,000 for services related to mercury cleanup and also agreed to reimburse Contractor for 50 percent of the cost of that work via change order to the contract. The execution of Change Order No. 4 of the Miron Construction, Inc. contract is requested. cc: Barry Lindahl, City Attorney Jenny Larson, Budget Director Jonathan Brown, Water Pollution Control Plant Manager Gus Psihoyos, City Engineer Attachs. K:\PROJECTS \Water Pollution Control Plant Replacement\ Construction Admin\ WCD's_CO's & _CCD's \Change Orders\2011 01- 28-11 MVM Memo re Miron Change Order No. 4.doc 3, STRAND ASSOC IATES, INC.. ENGINEERS 910 West Wingra Drive Madison, WI 53715 Phone: 608-251-4843 Fax: 608-251-8655 Office Locations Madison, WI Joliet, IL Louisville, KY Lexington, KY Mobile, AL Columbus, IN Columbus, OH Indianapolis, IN Milwaukee, WI Cincinnati, OH Phoenix, AZ www.strand.com December 30, 2010 CHANGE ORDER NO. 4 PROJECT: OWNER: CONTRACT: CONTRACTOR: Water Pollution Control Plant Modifications City of Dubuque 1 -2010 Miron Construction Co., Inc. Description of Change 4a This is a supplement to item 2a included in ADD Change Order No. 2, that added $250,000 to the contract price for mercury - related cleanup costs. In accordance with Owner's letter dated December 20, 2010 (attached), Owner authorized Contractor to increase the contract limit with North Shore Environmental Construction to $1,000,000 for services related to mercury cleanup and also agreed to reimburse Contractor for 50 percent of the cost of that work via change order to the contract. The total cost of this work may be undefined at this time, and the responsibility for this work is also contested. Both Contractor and Owner have filed claims that relate to this change, and execution of this change order is not an admission by the Owner of any responsibility for the mercury spill or for any of the cleanup costs and related expenses. TOTAL VALUE OF THIS CHANGE ORDER: ADD Contract Price Adjustment Original Contract Price Previous Change Order Adjustments Adjustment in Contract Price this Change Order Current Contract Price including this Change Order $250,000 $250,000 $49,750,000 $ 871,603 $ 250,000 $50,871,603 STRAND ASSOCIATES, INC.• E N G I N E E R S •m— ;�• 16137 tm ',/ ���� II I 1 i111 ���� ``` APPROVED, City of Dubuque —Miron Construction Co., Inc. Contract 1 -2010, Change Order No. 4 Page 2 December 30, 2010 Contract Completion Date Adjustment Original Contract Completion Date August 31, 2013 Contract Completion Date Adjustments due to previous None Change Orders Contract Completion Date Adjustments due to this Change None Order Current Contract Completion Date including all Change August 31, 2013 Orders This document shall become a supplement to the Contract and all provisions will apply hereto. The total cost of this work may be undefined at this time, and the responsibility for this work is also contested. Both Contractor and Owner have filed claims that relate to this change, and execution of this change order is not an admission by the Owner of any responsibility for the mercury spill or for any of the clean up costs and related expenses. 04 ti ti Ulf I iji � �f...' — .. (J C OMMENDED � :' RANDALL A. :c�_ 7.--z: WIRTZ :a= INEER— Strand Associates, II Date CONTRACTOR —Miron Constr David G. Voss APPROVED OWNER —City Dubuque RAW:dlh \S:\MAD \1100 -- 1199 \1154 \023 \Wrd \Change Orders \CO 4.mercury#2.docx on Co., Inc. Date President 1 izz a te .74// Masterpiece on the Mississippi Mr. Jonathan C. Daniels Miron Construction Co., Inc. 1471 McMahon Drive Neenah, WI 54945 Dear Mr. Daniels: . igg©LEB\vE UV DEC 21 2010 MIRON CONS IRUCTION 1 CO�t4PANYlNC• RE: Mercury Spill at Trickling Filters Water Pollution Control Plant Modifications Project (Response to December 6, 2010 Letter) Pursuant to your letter dated December 6, 2010, this letter serves as written notification that the City consents to amending the previously agreed contract limit indicated in the City's October 14, 2010 to Miron Construction, Inc. The City consents to raising the North Shore contract limit to an amount that shall not exceed $1,000,000 for work related to clean -up of the mercury spill. Until responsibility for the mercury clean up costs can be ultimately resolved through the claims resolution clause contained in the City — Miron contract, the City agrees to reimburse Miron for 50% of the cost of the work provided that the work be paid by the City to Miron via change order. cc: Barry Lindahl, City Attorney Jenny Larson, Budget Director Gus Psihoyos, City Engineer Jonathon Brown, Water Pollution Control Plant Manager Steve Sampson Brown, Project Manager City Manager's Office City Hall 50 W. 13th Street Dubuque, Iowa 52001 563.589.4110 563.589.4149 (fax) December 20, 2010 Sincerely, / ----- Michael C. Van Milligen City Manager