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Signed Contract_Water Pollution Control Plant Modifications Project Change Order No. 6Masterpiece on the Mississippi TO: FROM: Steve Sampson Brown, Project Manager A SUBJECT: Water Pollution Control Plant Modifications Project Change Order No. 6 DATE: March 18, 2011 INTRODUCTION DISCUSSION ACTION TO BE TAKEN Attachments Michael C. Van Milligen, City Manager Dubuque All- America City t i ` I : 2007 This memorandum is to request execution of the original Change Order No. 6 documents between Miron Construction, Inc. (Miron) and the City for the Water Pollution Control Plant (WPCP) Modifications Project. Based on the review /approval by City Attorney Barry Lindahl, a copy of Change Order No. 6 was submitted to your office for signature during the week of March 11. Due to time - sensitivity that copy was executed. Based on the execution of the copy, the execution of these four original Change Order No. 6 documents is requested. Masterpiece on the Mississippi TO: FROM: SUBJECT: DATE: INTRODUCTION DISCUSSION Michael C. Van Milligen, City Manager Steve Sampson Brown, Project Manager Water Pollution Control Plant Modifications Project March 10, 2011 Dubuque rrof 2007 Change Order No. 6 for $600,000 relates to the following mercury- related activities: ADD $600,000 City authorizes Miron Construction to increase the contract limits with North Shore Environmental Construction to $2,600,000 for services related to mercury clean -up and also agreed to reimburse Contractor for 100 percent (100 %) of the cost of that work via change order to the contract. On March 4, 2011, it was requested that the original contract be increased by $600,000 (extra work based on associated mark -up, bond, and related items). North Shore has discovered additional quantities of historical elemental mercury at the bottom of the south trickling filters. This request also includes work related to the Iowa Department of Natural Resources' requirement that the troughs on the east This memorandum is to request execution of Change Order No. 6 between Miron Construction, Inc. (Miron) and the City for the Water Pollution Control Plant (WPCP) Modifications Project. This change order request in the amount of $600,000 is a supplement to the following changes orders for mercury- related, clean -up costs: Change Order No. 2, Item 2a ($250,000); Change Order No. 4, Item 4a ($250,000); and Change Order No. 5, Item 5a($1,000,000). side of both trickling filter tanks be cleaned to remove mercury contaminated sediment. (Note letter attachment.) This change order has been reviewed and approved by City Attorney Barry Lindahl. BUDGET IMPACT With the attached Change Order No. 6 of $600,000, change orders to date total $2,100,000 for the mercury spill clean -up. This change order will be paid for by using contingency funds from the construction project. ACTION TO BE TAKEN The execution of Change Order No. 6 in the amount of $600,000 of the Miron Construction, Inc. contract is requested. cc: Barry Lindahl, City Attorney Jenny Larson, Budget Director Gus Psihoyos, City Engineer Jonathan Brown, Water Pollution Control Manager Attachments K:\PROJECTS\Water Pollution Control Plant Replacement\ Construction Admin\ WCD's_CO's & _CCD's \Change Orders\2011 02 -10 -11 MVM Memo re Miron Change Order No. 6.doc To: City of Dubuque No. 50 West 13th Street 4 Dubuque, IA 52001 6 Change Order No. 6 — Partially Executed From: Glenn Tranowski Date: March 17, 2011 Project No.: 1154.034 Attention: Mr. Steve Sampson Brown, Project Manager RE: WPCP Modifications - Mercury Related Change Order Copies Date No. Description 4 3/10/11 6 Change Order No. 6 — Partially Executed STRAND ASSOCIATES. INC. £- N G : E _ R 0 910 West Wingra Drive Madison, WI 53715 Phone: 608 - 251 -4843 Fax: 608 - 251 -8655 Office Locations Madison, WI Joliet, IL Lexington, KY Louisville, KY Mobile, AL Columbus, IN Columbus, OH Indianapolis, IN Milwaukee, WI Cincinnati, OH Phoenix, AZ www.strand.com THESE ARE TRANSMITTED as checked below: ® For approval ® For your use IS] As requested ❑ For review and comment Remarks: Steve, Transmittal Letter WE ARE SENDING YOU: ❑ Attached ❑ Under Separate Cover ❑ Shop Drawings El Change Order ❑ Copy of Letter ❑ Specifications ❑ Drawings ❑ Samples ❑ Other: Copy to: Correspondence file (w /o enclosures) ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections ❑ Other Signed: S:\MAD\ 1100 -- 1199 \1154\ 023 \Wrd \Transmittals \Trans.Dubuque Steve Brown.change order #6.partial executed.docx ❑ Resubmit ❑ Submit ❑ Return Glenn W. Tranowski copies for approval copies for distribution corrected prints Please have the City Manager sign all four copies and return 3 copies to Strand. Please call with any concerns or comments. STRAND ASSOCIATES, INC.. E N G I N E E R S 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 March 10, 2011 CHANGE ORDER NO. 6 PROJECT: OWNER: CONTRACT: CONTRACTOR: Water Pollution Control Plant Modifications City of Dubuque 1 -2010 Miron Construction Co., Inc. Description of Change 6a This is a supplement to item 2a included in Change ADD $600,000 Order No. 2, item 4a in Change Order No. 4, and item 5a in Change Order No. 5. In accordance with the letter from DeWitt Ross & Stevens S.C. to the Dubuque City Attorney dated February 1, 2011 (enclosed), Owner agrees to pay 100 percent of the mercury- related cleanup costs in excess of $1 million through change order to this Construction Contract 1 -2010. According to the letter dated March 4, 2011, from Miron to the City of Dubuque (enclosed), this current change order includes $600,000 in addition to the amounts previously included by change order, which equates to a total mercury - related cleanup cost of $2.6 million. If the total cost of the mercury cleanup exceeds $2.6 million, the parties will execute a future change order to the contract. In addition, if the total cost is less then $2.6 million, a deductive change order will be executed. The total cost of this work is 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 order, 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 $600,000 STRAND ASSOCIATES, INC.* E N G I N E E R S City of Dubuque —Miron Construction Co., Inc. Contract 1 -2010, Change Order No. 6 Page 2 March 10, 2011 Contract Price Adjustment Original Contract Price Previous Change Order Adjustments Adjustment in Contract Price this Change Order Current Contract Price including this Change Order Contract Completion Date Adjustment Original Contract Completion Date Contract Completion Date Adjustments due to previous Change Orders Contract Completion Date Adjustments due to this Change Order Current Contract Completion Date including all Change 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 order, 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. �``� e. 4. 1 /4* RECOMMENDED ` ®� ° ••.may. N ALL p'.. eW ; 6 137 : EER— Strand Asso ates, nc. 111 / E ftsas °'‘ APPROVED APPROVED CONTRACTOR —Miron Constr ction Co., Inc. OWNER —Ci y of Dubuque GWT:clm\S:\MAD \1100 -- 1199 \1154 \0231Wrd \Change Orders \CO 6..docx 36 /I tI Date 3/f Date 3 $49,750,000 $ 2,121,603 $ 600,000 $52,471,603 August 31, 2013 None None August 31, 2013 T- {� {r`/[�C crT \ (\ L 11.E-1S & ST EvE, t s .: • R • wvw dewlttross.com February 1, 2011 Barry Lindahl City Attorney City of Dubuque 50 West 13 Street Dubuque, IA 52001 RE: Mercury Remediation Dubuque Water Pollution Control Plant Dubuque, Iowa Dear Barry: Capitol Square office Two East Mifflin Street Suite 600 Madison, Wt 53703 -2865 Tel 608-255-8891 Fax 608 -252 -9243 Please respond to: Capitol Square Office Direct line: 608-252-9353 v∎ett do edttross-com Metro Milwaukee Office 13935 Bishop's Drive Suite 300 Brookfield, WI 53005 -6605 Tel 262 - 754 -2840 Fax 262 - 754 -2845 We are documenting our position expressed at the January 25, 2011 meeting with the City and further correspondence I sent on January 26, 2011. Miron's October 14, 2010 correspondence to the City was an initial device to continue remediation of the original spill and Project activities with as little delay as possible. The original 50/50 cost sharing split in that correspondence was never deemed a determination of the parties' assessment of their respective liability at that point. The latest facts indicate high levels of undisclosed historical mercury are present in sediment throughout the tanks, possibly in influent and effluent pipes, and in areas outside the tanks which were never affected by the September 23, 2010 spill. The scope of the necessary remediation due to the presence of this historical mercury has been dramatically increased. Miron disclaims any responsibility for any remediation of mercury on the Project. Miron further asserts that dispute resolution processes related to this matter through a mediator appointed by the AAA must immediately go forward. Our position is clear — we need not wait for Strand to make any determination under the original Agreement language. Please let us know the City's position on this contention. Miron confirms that each party maintains its right to assert that responsibility for the September 23, 2010 spill and the historical mercury found at the site lies with the other party or its agents, and that the City's agreement to fund 100% of the ongoing remediation costs is not its assessment of its respective liability at this point. DEWITT ROSS & STEVENjS_ L A W F I R M Barry Lindahl February 1, 2011 Page 2 This letter serves as the addendum to Jonathan Daniels' October 14, 2010 correspondence to Steve Brown, and the October 15, 2010 reply from Mr. Brown. Further, this letter may serve as the basis for Change Order No. 5 in lieu of Mr. Randy Wirtz's proposed reference to your January 26, 2011 email correspondence in his initial draft of same. Please feel free to contact me to further discuss these issues. Thank you. S incerely, DEWITT ROSS & STEVENS s.c. /S/ William E. McCardell WEM:kjs cc: Dave Voss (via email only) Dean Basten (via email only) Royce Alsbach (via email only) Tim Kippenhan (via email only) Jonathan Daniels (via email only) March 4, 2011 Steve Brown City of Dubuque 50 West 13 St. Dubuque, IA 52001 Re: Mercury Spill at Trickling Filters Dubuque Water Pollution Control Plant Dubuque, Iowa Steve; Northshore has requested that their contract be increased by Five Hundred Thousand Dollars ($500,000) due to the fact that there was much more historical elemental mercury at the bottom of the South trickling filter tank then Northshore had expected, also the IDNR is requiring Northshore to clean the troughs on the East sides of both trickling filter tanks. Miron requests a change order to Miron's contract with the City in the amount of Six Hundred Thousand Dollars ($600,000) to include the extra work for Northshore as described aboue as well as the associated rnarkup, bond, and related items. Miron requests this change order to be issued by Wednesday, March 9 2011 in order to keep Northshore working. Please respond as soon as possible. Sincerely, Jonathan C. Daniels Miron Construction Co., Inc. Cc: Dave Voss Tim Kippenhan Dean Basten Royce Alsbach Paul O'Brien Miron Construction Co hic. ' 1471 McMahon Drive. NLyeiis WI $.9517 ' 921.1.I96 .7000 - fx 926..969.7393 Miron Construction.com Neenah W'aisa:i Madison r�iKt7:alkC�i Cedar Rapids