Board approves $446,609 payment to Willpower Excavating and authorizes mayor to negotiate extension

The Rochester water board approved payment to Willpower Excavating and discussed a contested time-extension request for the same project.

Presenter (speaker 3) summarized progress—connections to the existing main near the airport, about 800 feet of main installed, vault work complete and Country Meadows switched to the master meter—and recommended Pay Application No. 8 in the amount of $446,609.58. "the amount that would be owed to the contractor this time, the $446,609.58," the presenter said. The Chair moved to approve the payout and the board adopted the recommendation by voice vote.

Staff then described a time-extension dispute: the contractor submitted a request for 129 days, while staff's tally of conditions and weather days supports only 26 days. Staff described the contractual option to assess liquidated damages at $2,500 per day but recommended a negotiated approach—asking for additional work at no cost or discounted rates in exchange for more time—both to avoid litigation and to secure additional value for the city. The board discussed scheduling a meeting with the contractor next Tuesday and moved to grant the mayor authority to execute change orders resulting from that negotiation, provided the board remains informed of outcomes.

The board was told the project is currently under budget by roughly $50,000–$100,000 and that roughly $800,000 remains in contingency funds for the overall project, which staff said gives flexibility for negotiated scope adjustments. The board said staff should document the agreed extension, any offsetting work, and the financial implications before final acceptance.