HomeMy WebLinkAbout20090803 - VIII-A-2
MEMO
To: Honorable Mayor and City Council
From: Tom Montgomery
Date: July 27, 2009
Re: Adopt Trial Change Order Authorization Policy for 2009 Industrial
Park Project
Council is requested to adopt a trial change order authorization policy for
the 2009 Industrial Park project that would grant staff authorization to approve
change orders up to $25,000 in order to keep the project moving with the
understanding that these change orders will be brought to the City Council at the
earliest possible scheduled Council meeting.
From time to time during construction of a project, conditions different
than those shown on the plans and specifications present themselves. Examples
of changed conditions are poor soils, or rock excavation that was not picked up
on the pre-project borings; utilities of a different size or in a different location
than shown on the as built drawings; or an unforeseen access issue that needs to
be resolved with a property owner. These changed conditions may result in the
need to make field decisions in an expeditious manner to avoid unnecessary
delays and additional costs.
The current practice of most cities is for staff to negotiate changes with the
contractor as soon as a problem is discovered, in order to allow construction to
continue with minimal delay. In these instances, by the time the change order is
placed on a Council agenda, the work has already been completed. With larger
construction issues; for example the Westwood Addition transite/asbestos
services in 2004 which resulted in a large change order and a month delay in the
project, work on the changed condition would be stopped until the issue and
proposed resolution could be brought to Council for approval.
In the past, State auditors reviewing Municipal State Aid Projects and our
City auditors reviewing City projects have commented on
Council approval of change orders after the fact. In discussing
this problem with our Public Works colleagues in Dakota
County (and nearby Savage), we have learned that both Savage
and Burnsville have policies that allow staff to administratively
approve change orders up to a set limit ($10,000 for Savage,
$75,000 for Burnsville).
A number of years ago, Council authorized the Finance Department to pay
certain bills that would become past due and incur penalties before the Council
would have the opportunity to authorize payment at the next scheduled Council
meeting. While the proposed trial change order policy is very much different
than the Finance Department authorization, the goal is the same in that both
policies would prevent the City from being penalized while waiting for action on a
fixed Council meeting schedule. The proposed trial change order policy would
help limit construction delays and contractor claims for these delays.
CAR
OUNCIL CTION EQUESTED
Council is requested to authorize, on a trial basis, Public Works
administrative approval of change orders under $25,000 for the 2009 Industrial
Park Area Improvement Project. All administratively approved change orders
would be brought to the Council at the earliest possible scheduled Council
meeting.