TH 101 Improvements Supplemental Agreement No. 2CITY OF
CNAHNASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
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Phone: 952.227.1100
Fax: 952.227.1110
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MEMORANDUM
TO: Todd Gerhardt, City Manager
FROM: Paul Oehme, Director of Public Works /City Engineer
DATE: August 24, 2015 014C`5,i'
SUBJ: TH 101 Improvements (Lyman Boulevard to Pioneer Trail) Project No.
12 -06: Approve Supplemental Agreement (Change Order) For Scope
Change on Removal of Existing Bituminous Pavement
PROPOSED MOTION
"The City Council approves Supplemental Agreement No. 2 in the amount of
$49,219.00 for scope change on the removal of existing bituminous pavement for the
TH 101 Improvement (Lyman Boulevard to Pioneer Trail) Project "
City Council approval requires a simple majority vote of the City Council present.
On August 8, 2011, the City Council held a public hearing for the Environmental
Assessment for this project.
On December 12, 2011, the City Council approved a resolution accepting the
environmental assessment and making a negative declaration on the need for an EIS.
On February 25, 2013, the City Council approved a construction agreement and state
funding agreement (Contract #03091) with the State of Minnesota.
On April 22, 2013, the City Council approved a construction contract with Eureka
Construction, Inc.
The project was substantially completed in the fall of 2014.
This segment of TH 101 was expanded from a 2 -lane rural section roadway to a
4 -lane divided design with pedestrian/bicycle trails along both sides of the roadway.
The primary goals of the project were as follows:
Improve safety for people along the existing TH 101 corridor.
✓ Reduce crashes to the extent possible.
✓ Add turn lanes to provide safe turning movements at intersections.
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Todd Gerhardt
TH 101 Improvements (Lyman Blvd. — Pioneer Trl.):
Approve Supplemental Agreement #2
August 24, 2015
Page 2
✓ Improve sight distance by reducing sharp curves and steep grades near intersections.
Improve capacity and connectivity along the TH 101 corridor.
✓ Accommodate regional and local transportation needs of anticipated population and employment
growth in the TH 101 corridor by increasing traffic capacity.
This project was primarily funded with a Federal grant and State funds.
The construction contracts identified a 6" existing bituminous thickness based on borings taken.
However, most of the roadway bituminous thickness was between 12" and 14 ". The contractor had
planned to reclaim the bituminous pavement and reuse it for base aggregate. However, due to the
change in the thickness of the bituminous, reclaiming was not possible. The contractor chunked out
the bituminous and trucked it to a recycling plant. Since the bituminous material could not be
reclaimed and used for base aggregate, additional base aggregate was purchased.
Staff did not agree with the contractor's requested additional cost for this work. After a lengthy
negotiation, staff recommends approval of the work in the amount of $49,219.00.
Funding for this Supplemental Agreement will be paid for with 80% Federal funds and 20% State
funds. No City funds will be used for this change of work.
Attachment: Supplemental Agreement
Letter from Eureka Construction, Inc.
g9eng \pub1ic \_2012 projects \12 -06 th 101 (lymm blvd to pioneer trl) improvementsUgd 082415 appv co.doc
MN /DOT TP- 02134 - 04(3/09)
STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION Supp. To Contract No. 1009 -22
SUPPLEMENTAL AGREEMENT NO. 2
Page 1 of 2
CONTRACTOR
FEDERAL PROJECT NO.
Unit
STATE PROJECT NO.
Eureka Construction, Inc.
Quantity
Amount
SP 194-010-011,1009-22,
2104.501
Remove Bituminous Pavement
SY
010- 614 -008
ADDRESS:
LOCATION OF WORK
$49,219.00
8500 21& Street West Suite 130, Lakeville, MN
TH 101 from CSAH 14 to CSAH 18
GROUPNO. APPR. AMOUNT GROUPNO. APPR, AMOUNT
GROUP NO. APPR. AMOUNT
DATE ENCUMBERED:
ORIGINAL ENCUMBRANCE:
SA TOTAL
BY:
$ ENCUMBERED TO DATE:
Individual signing certifies that funds have been encumbered
as
required by Minn. Stat. § 16A.15
his Contract is between the City of Chanhassen and Contractor as follows:
WHEREAS: This Contract provides for, among other things, Roadway Construction, Storm Sewer, Water
Main, Removals, Grading, Concrete Curb and Gutter, Concrete and Bituminous Roadway
Surfacing, Retaining Wall, Bituminous Trail and Miscellaneous Construction; and
WHEREAS: This Contract further includes the removal of the existing bituminous pavement on TH 101;
and
WHEREAS: The Contract documents identified the existing bituminous pavement depth to be 6 "; and
WHEREAS: The actual bituminous depths on TH 101 were 12 " -14 "; and
WHEREAS: The Engineer has reviewed the situation and determined that this constitutes a change in
work.
NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED AND UNDERSTOOD THAT:
1. The Contractor will remove the additional bituminous pavement based on the negotiated additional
cost per square yard as shown in the table below.
2. This Supplemental Agreement does not change Contract Time.
3. This Supplemental Agreement covers the known and anticipated costs and contract time adjustment
(if any) attributable to the work covered by this Supplemental Agreement. If the Contractor incurs
unknown and unanticipated additional work that affects costs or impacts the critical path, the
Contractor reserves the right to request an additional adjustment to the contract amount or contract
time in accordance with Mri Specification 1402.
FSTIMATF nF r.nRT
Item No,
Item
Unit
Unit Price
Quantity
Amount
Group
2104.501
Remove Bituminous Pavement
SY
$2.1568
22,820
$49,219.00
Net Change
$49,219.00
MN /DOT TP- 02134 - 04(3/09)
STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION Supp. To Contract No. 1009 -22
SUPPLEMENTAL AGREEMENT NO. 2
paae 2 of 2
OK MN /Dot Estimating EDF 7 -06 -2015
City of Chanhassen:
Project Engineer
Dated:
By:
Dated:
By:
Eureka Constructlon. Inc.
Dated:
Metro District State Aid Engineer
for Funding Approval Only
Dated:
OK MN /Dot Estimating EDF 7 -06 -2015
TH 101 Improvements
Existing Bituminous Pavement Removal
Description
Unit Price
Units
quantity
Total
Cost
Plans identified an existing 6' bituminous pavt depth
Contractor Intended to reclaim bituminous and use material for agg base
Actual bituminous pavement depth encountered was 12 -14"
Contractor was required to chunk out bituminous and import agg base
Contractor request for additional compensation in the amount of $159,927
Contractor and owner negotiated and settled on change order amount of $49,219
Contractor Cost to Remove Bituminous (See supporting documentation)
$ 94,859.00
Less Contract Unit Price for Bituminous Removal (Paid under contract)
$ 2.00
SY
22820
$ 45,640.00
Difference
$ 2.16
SY
22820
$ 49,219.00
Total Change Order Amount
$49,219.00
Change order results in a total cost of $4.16/SY forth e removal of bituminous pavement with a depth of 12 -14 ".
:IRK I
FIEm ` Aa� {
CONSTRUCTION, INC.'l
August 23, 2013
Kimley -Horn & Associates, Inc.
2550 University Ave. W.
Suite 238N
St. Paul, MN 55114
Attn: Mr. Chadd Larson, P.E.
Re: TH 101 Reconstruction
Dear Mr. Larson,
An issue has arisen concerning the thickness of the existing bituminous pavements on
the TH 101 Reconstruction project.
As per Note 3 on Plan Sheet 2 and Note 2 on Plan Sheet 11, we anticipated that the
existing bituminous pavements were 3" to 6" thick. This would allow us to reclaim the
pavement and salvage resulting material for use as Class 5 Aggregate Base. We
calculated that we would generate 7,421 cly of material with this method.
We have found that the majority of the existing bituminous pavements are approximately
12" thick. At this thickness the material cannot be reclaimed and must be chunked out
and hauled to a disposal site. As a result, we will have to purchase additional Class 5
Aggregate base to make up for the loss of the reclaimed material.
On the attached work sheets I have shown our as -bid costs to reclaim the bituminous
pavements and salvage and reuse the reclaimed material. I have also shown our costs
to chunk out the bituminous pavements and supply the replacement Class 5 Aggregate
base material.
Our expected cost increase due to this change of conditions is We are 0,01"uuto
requesting a change order be issued for that amount. Please review the attached
material and let me know how you wish to proceed.
Respectfully,
Tom Gorman
Eureka Construction
8500 210th St. W., Suite 130 Lakeville, MN 55044 Tel. (952) 469 -5685 Fax(952)469-5228
9/2912015 City of Chanhassen - Public Works Director ale.
9/29/2015 Page 1 of 1
CITY OF CHANHASSEN
TH 101 IMPROVEMENTS - LYMAN BOULEVARD TO PIONEER TRAIL
CITY PROJECT 12 -06
S.P. 1
194-010 -011, S.P. 1009 -22, S.P. 010 - 614 -008
CHANGE ORDER NO. 24
PROJECT: TH 101 IMPROVEMENTS C
CONTRACTOR: EUREKA CONSTRUCTION, INC.
CP 12 -06 8
8500 210TH STREET WEST SUITE 130
CITY OF CHANHASSEN L
LAKEVILLE, MN 55044
PHONE: (952) 469 -5685
PURPOSE OF CHANGE ORDER: Additional bituminous pavement removal (due to additional e)dsting pavement depth)
C.U. Quantity
Contract Increase ( +)
Item No. Item Description U
Unit Quantity Decrease ( -) U
Unit Price Amount
1 Supplemental Agreement #2 L
LUMP SUM o 1 $
$49,219.00 $49,219.00
Subtotal: $49,219.00
Total: $49,219.00
CHANGE IN CONTRACT PRICE C
CHANGE IN CONTRACT TIME
Original contract price: $
$ 7,434,402.60 O
Original contract time: 0
08101 /14 Substantial Completion
08129114 Final Completion
Contract Amendments: $
$ 168,340.39 N
Net Change from Previous Orders: 1
14 Calendar Days
Contract Price Prior to Change Order #16: $
$ 7,602,742.99 C
Contract lime Prior to this Change Order. 0
08/29114 Substantial Completion
09/12!14 Final Completion
Net Increase of this Change Order. $
$49,219.00 N
Net Increase (Decrease) of this Change Order: 0 Calendar Days
Contract Price v th all Approved Changes: $
$ 7,651,961.99 C
Contract Time with Approved Change: 0
08129114 Substantial Completion
09/12/14 Final Completion
Recommended forAp royal; A
Agreed for Approval:
C1 ;;0 1 rj
Kimle -Horn and Associates Inc. D
Date: E
Eu <a Construcfiq ,Inc. D
D e:
Approved:
�C�� a
a.
9/29/2015 Page 1 of 1
A4N /DOT YP- 02134 - 04(3/09)
STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION Supp. To Contract No. 1009 -22
SUPPLEMENTAL AGREEMENT NO. 2
Page 1 of 2
CONTRACTOR
FEDERAL PROJECT NO.
Unit
STATE PROJECT NO.
Eureka Construction, Inc.
Quantity
Amount
SP 194- 010 -011, 1009 -22,
2104.50E
Remove Bituminous Pavement
SY
010- 614 -008
ADDRESS:
LOCATION OF WORK
$49,219.00
8500 210' Street West Suite 130, Lakeville, MN
TH 101 from CSAH 1.4 to CSAH 18
GROUP NO.
APPR.
AMOUNT
GROUP NO.
APPR.
I AMOUNT
GROUP NO.
APPR.
AMOUNT
DATE ENCUMBERED:
ORIGINAL ENCUMBRANCE:
$49,219.00
SA TOTAL
BY:
$ ENCUMBERED TO DATE:
Individual signing certifies that funds have been encumbered as
r uired by Minn. Stat. § 16A.15
This Contract is between the City of Chanhassen and Contractor as follows:
WHEREAS: This Contract provides for, among other things, Roadway Construction, Storm Sewer, Water
Main, Removals, Grading, Concrete Curb and Gutter, Concrete and Bituminous Roadway
Surfacing, Retaining Wall, Bituminous Trail and Miscellaneous Construction; and
WHEREAS: This Contract further includes the removal of the existing bituminous pavement on TH 101;
and
WHEREAS: The Contract documents identified the existing bituminous pavement depth to be 6 "; and
WHEREAS: The actual bituminous depths on TH 101 were 12 " -14 "; and
WHEREAS: The Engineer has reviewed the situation and determined that this constitutes a change in
work.
NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED AND UNDERSTOOD THAT:
1. The Contractor will remove the additional bituminous pavement based on the negotiated additional
cost per square yard as shown in the table below.
2. This Supplemental Agreement does not change Contract Time.
3. This Supplemental Agreement covers the known and anticipated costs and contract time adjustment
(if any) attributable to the work covered by this Supplemental Agreement. If the Contractor incurs
unknown and unanticipated additional work that affects costs or impacts the critical path, the
Contractor reserves the right to request an additional adjustment to the contract amount or contract
time in accordance with MnDOT Specification 1402.
ESTIMATE OF COST
Item No.
Item
Unit
Unit Price
Quantity
Amount
Group
2104.50E
Remove Bituminous Pavement
SY
$2.1568
22,820
$49,219.00
Net Change
$49,219.00
MN /DOT TP- 02134- 04(3/09)
STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION Supp. To Contract No. 1009 -22
SUPPLEMENTAL, AGREEMENT NQ. 2
Pant- 9 of 7
,S4
City of Chanhassen:
Project Engineer
Dated: //�By:.
9�7��
j�
Dated:
B Q
Euka onstr cti , Inc.
Dated:
Metro District State Aid Engineer
for Funding Approval Only
Dated:
TH 101 Improvements
Existing Bituminous Pavement Removal
Description
Unit Price
Units
Quantity
Total
Cost
Plans identified an existing 6" bituminous pavt depth
Contractor intended to reclaim bituminous and use material for agg base
Actual bituminous pavement depth encountered was 12 -14"
Contractor was required to chunk out bituminous and import agg base
Contractor request for additional compensation in the amount of $159,927
Contractor and owner negotiated and settled on change order amount of $49,219
Contractor Cost to Remove Bituminous (See supporting documentation)
$ 94,859.00
Less Contract Unit Price for Bituminous Removal (Paid under contract)
$ 2.00
SY
22820
$ 45,640.00
Difference
$ 2.16
SY
22820
$ 49,219.00
Total
Change Order Amount
$ 49,219.00
Change order results in a total cost of $4.161SY for the removal of bituminous pavement with a depth of 12 -14 ".
L. 3
August 23, 2013
Kimley'Horn & Associates; Inca
.2550 University Ave. W.
Suite 238N
St. Paul, .MN 55114
Attu: Mr. Chadd Larson, P.E.
Re: TH 101 Reconstruction
Dear M.r. Larson;
An issue has arisen concerning the thickness: of the. existing bituminous pavements on
the TH 101 Reconstruction project:
As per Note 3 on Plan .Sheet 2 and Nate 2.on. Plan 'Sheet 11., we anticipated thattl e
ex'istir�g'biturninous pavements were .3 to 6" thick. This would. allow us to reclaim the
pavement and salvage resulting :material for use as Class 5 Aggregate Bases. We.
calculated that we would generate 7,421 cly of material with this method.
We.have found that the majority of the existing bituminous pavements are approximately
12' thick. At this. thickness the material cannot be reclaimed Arid mutt be chunked out
and hauled to a disposal site. As a,result, we will have to purchase additional. Ctass.5
Aggregate base to make- up for the loss of the reclaimed material..
Cn the attached work sheets r have shown our as -bid costs to fedaim the bituminous
pavements. and salvage and reuse the reclaimed material. I have also shown. our costs
to chunk out the bituminous pavements and supply the replacement Class 5 Aggregate
base material_
Our expected cost increase due to. this change of conditions is We are ' 00
requesting a change order be issued for that amount, Please review the attached
material and let me know Prow you wish to proceed.
Respectfully,
Totem Gorman
Eureka Construction
8500210 1h St, W, Suite 130 Lakeville, MN 55044 TeL (952).469-5686 Fax (952) 469 -5228