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04-30-96 v CITY OF ATLANTIC BEACH SPECIAL CALLED MEETING APRIL 30, 1996 - 7:15 PM Call to Order 1. Action on Change Order No. 4 on Atlantic Beach Wastewater Treatment Plant expansion project 2. Authorize execution of contract with Eder Associates for engineering services for final design, permitting, construction documents, and bidding phase of Buccaneer Wastewater Treatment Plant Expansion 3. Any other business Adjournment MINUTES OF THE SPECIAL CALLED MEETING OF ATLANTIC BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD, AT 7:15 PM ON TUESDAY, APRIL 30, 1996 Present: Lyman T. Fletcher, Mayor John S. Meserve, Commissioner Steven M. Rosenbloom, Commissioner And: James R. Jarboe, City Manager Alan C. Jensen, City Attorney Maureen King, City Clerk Robert Kosoy, Public Works Director Douglas E. Layton, Inspecting Engineer The meeting was called to order at 7:21 PM by Mayor Fletcher. 1. Action on Change Order No. 4 on Atlantic Beach Wastewater Treatment Plant Expansion Project The Mayor introduced the Change Order, the details of which had been presented to the City Commission at the regular meeting on April 22, 1996, and called for a motion. Commissioner Meserve moved to approve Change Order No. 4 to the contract for Atlantic Beach Wastewater Treatment Plant Expansion, as presented. The motion was seconded by Mayor Fletcher. The Mayor then invited comments from the audience. Alan Potter, 374 Second Street, confirmed that City Commissioners had received his letter of April 26, 1996, a copy of which is attached hereto as Exhibit A. He reviewed the points raised in his letter, namely, that the credit being allowed to delete the painting of floors in the aeration basins and the chlorine contact chamber was inadequate, while the cost indicated to paint the blower building, was high. He further indicated that, in his opinion, the painting of the floors should not be deleted. William McGee, 1831 Selva Marina Drive, felt that eliminating the floor painting would cause problems in later years. He felt that since the plant would probably last for thirty years it would not be a cost savings to delete the painting. City Manager Jarboe indicated that staff would prefer to paint the floors but they were under pressure to cut costs and felt deletion of floor painting would be an area where some savings could be realized. Discussion ensued regarding the advantages of painting the floors vs. the cost of painting. Page Two Minutes - April 30, 1996 Special Called Meeting Following further discussion Commissioner Rosenbloom offered a substitute motion: Approve addition of interior coating of the blower building and direct staff to get the best price for same, (Item 2 on Change Order#4) and deny request to delete floor painting (Item 1 on Change Order#4). Following further discussion, the question was called and the motion carried unanimously. Commissioner Meserve expressed concern that the city hired staff and a contracting team to carry out City Commission directives and to plan and supervise the construction of major projects, and then on many occasions, ignored the recommendations of those professionals. He felt the recommendations included in Change Order#4 were reasonable and not based on fraud as had been alleged, and requested that his stated opinion be made a matter of record. He felt that unless factual information was brought to the City Commission to refute the recommendations of staff, the City Commission needed to depend more on the recommendations of those they hire to do the job. He commended Indian River on their work thus far to keep change orders low (approximately 1%); he also commended Smith and Gillespie and city staff for their work on this project. Commissioner Rosenbloom indicated he had not taken allegations of fraud or corruption seriously, and therefore, had not responded to them. However, in light of the questions which had been raised, he questioned the validity of some of the change orders, and thus, had suggested that it may be worth while to have an impartial third party review the documents and settle the disputes once and for all. 2. Authorize execution of contract with Eder Associates for engineering services for final design, permitting, construction documents, and bidding phase of Buccaneer Wastewater Treatment Plant Expansion. City Manager Jarboe indicated that staff had further negotiated the contract with Eder Associates. He reported that the current proposal was $15,204.00 less than the proposal presented to the City Commission on April 22, 1996. Commissioner Meserve moved to authorize execution of the re-negotiated contract with Eder Associates for engineering services in connection with the Buccaneer Wastewater Treatment Plant Expansion project. The motion was seconded by Commissioner Rosenbloom and was unanimously approved. Page Three Minutes - April 30, 1996 Special Called Meeting 3. Any other business Commissioner Rosenbloom inquired whether the contract on the Atlantic Beach Wastewater Treatment Plant Expansion project included painting of the clarifier. Doug Layton, Inspecting Engineer, indicated that this was not included in the contract and in his opinion, he felt it was not beneficial to paint the clarifier. There being no further business to come before the City Commission, the Mayor declared the meeting adjourned at 8:25 PM. Lyman T. Fletcher Mayor/Presiding Officer ATTEST: Maur n King, CMC City Clerk EXHIBIT A — APRIL 30 , 1996 — SPECIAL CALLED MEETING • ALAN W. POTTER, SR. 374 Second Street Atlantic Beach, Florida 32233 CERTIFIED MAIL Z 166 952 852 RETURN RECEIPT REQUESTED April 26, 1996 City of Atlantic Beach 800 Seminole Road Atlantic Beach, Florida 32233 Attn: City Commission Subj: Change Order No. 4 dated April 10, 1996 Dear Commissioners: In response to the requests(challenges)by Commissioner Meserve and by City Manager Jarboe, at the City Commission meeting of April 22, 1996, I offer the following: A. The City of Atlantic Beach is a party to a contract with Indian River Industrial Contractors, Inc. for the construction of the new 3.0 MGD Waste Water Treatment Plant. Included in the Contract Documents is a section entitled"General Conditions." Specifically related to subject Change Order No. 4 are the following paragraphs: Change Order - A written amendment to the Contract prepared by the ENGINEER and signed by the CONTRACTOR, and OWNER authorizing revision to the Work within the general scope of the Contract Price and/or Contract Time, issued after execution of the Agreement. A Change Order cannot be initiated without prior submittal and approval of a Modification. Modification - A written application for revision to Work under this Contract, initiated by the CONTRACTOR, setting forth scope of revision, justification therefore, cost estimate, and time adjustment. Modification must be approved by the OWNER subsequent to which a formal Change Order for the revision will be prepared. A Modification may only be issued after execution of the Agreement. B. A review of the data provided to the City Commission, in support of AGENDA Item 7-E, will show that the following persons participated in preparing the Change Order No. 4.: Steve E. Swain, Vice President Indian River Industrial Contractors, Inc. Douglas E. Layton, P.E., Vice President Smith and Gillespie Engineers, Inc. Robert S. Kosoy, P.E. Director of Public works City of Atlantic Beach James A. Jarboe City Manager City of Atlantic Beach Individually and collectively,the above persons recommended approval of Change Order No. 4 by the Atlantic Beach City Commission. C. Examination of the engineering plans for the project identifies the floor surface areas concerned in Change Order No. 4. C-1. Aeration Tanks - 23,800 S.F. Chlorine Contact Chamber 2,359 S.F. Total Floor Area 26,159 S.F. (*NOTEWORTHY, the floors of the two 70- ft. diameter clarifiers were not included in the proposed Change Order No. 4. The floor area of the two clarifiers totals 7,693 S.F.) C-2. Blower-Generator Bldg. Ceiling 1,728 S.F. Walls 2,832 S.F. Total Walls and Ceilings 4,560 S.F. Less, Louvers ( 304 S.F.) Doors ( 83 S.F.) Net Area, Walls and Ceilings 4,173 S.F. D. Inquiry was made to the specified paint products vendor and the materials prices (based on 5-gallon pails) were: D-1. COAL TAR EPDXY (M47/M48) Paint- 5 gal. pail $ 97.05 Catalyst 18.60 Sales Tax 7.52 Total cost- 5 gallons $123.17 Coverage (per specifications) 155 S.F. per gallon per coat. Material cost per Square Foot (Two coats) $0.32/S.F. Material cost for floors of Aeration Tanks and Chlorine Contact Chamber. 26,159 S.F. x $0.32 = $8,730.88 (Material cost for the two clarifiers is $7,693 S.F. X $.032 = $2,461.76) D-2. ACRYLIC - LATEX SYSTEM (M285/M276) PRIME COAT Block Filler- 5 gal. Pail $ 34.30 Sales Tax 2.23 Total cost- 5 gallons $ 36.53 Coverage (per manufacturer) 185 - 200 S.F. per gallon per coat. Material Cost per Square Foot $ 0.037 FINISH COATS Acrylic-Latex Semigloss (5-gal pail) $ 74.40 Sales Tax 4.84 Total - 5 gallons $ 79.24 Coverage (per manufacturer) 300 S.F. per gallon Material Cost per Square Foot (2 coats) $ 0.106 Total Material Cost per Square Foot $0.140 (Prime Coat plus two finish coats) Material Cost for Walls and Ceiling of the Blower-Generator Building 4,173 S.F. x $0.140 = $584.22 From the above, the difference in value for the COAL TAR EPDXY material and the ACRYLIC LATEX materials is: $8,370.88 - $584.22 = $7,786.66 (If the Clarifier floors were included, the difference in value for the materials would be: $7,786.66 + $2,461.76 = $10,248.42) E. Inquiry was made of persons within the local construction industry that are experienced in the paint products concerned; the applied cost figures for materials plus labor are: E-1. Coal Tar Epoxy, as specified, per square foot - $1.05 Cost for Coal Tar Epoxy applied to the Aeration Tank and to the Chlorine Contact Chamber floor: 26,159 S.F. x $1.05 = $27,466.95 (Cost for Coal Tar Epoxy applied to the Clarifier floors: 7,693 x $1.05 = $8,077.65) E-2. Acrylic Latex System, as specified, per square foot $0.50 Cost for Acrylic-Latex system applied to the Blower-Generator Building walls and ceilings: 4,173 S.F. x $0.50 = $2,086.50 The Atlantic Beach City commission should,after considered evaluation of the information provided hereinabove, vote to DISAPPROVE the proposed Change Order No. 4. Reasons for disapproval include: 1. Deletion of Floor Painting will provide only a$6,444.24"Credit",whereas,the reasonable value of the floor painting is $27,466.95; the injustice is $21,022.71. 2. Addition of the Interior Painting will result in a$4,453.72 "cost", whereas, the reasonable value of the ceilings & walls painting is $2,086.50; the injustice is $2,367.22. 3. The cost disadvantage to the City of Atlantic Beach and its utility customers, that will result from Change Order No. 4, is $23,389.93. Based on the above, I am comfortable in restating that, in my opinion, "Those City Employees and engineering consultants who participated in preparing and recommending the approval of Change Order No. 4 are either CAVALIER or CORRUPT." It is further my opinion that the Atlantic Beach City Commission should examine in detail the reasonable value of all change orders previously submitted and approved. Respectfully submitted, Al W. Potter, Sr. cc: Lyman Fletcher John Meserve Tim Reed Steve Rosenbloom Suzanne Shaughnessy James Jarboe Robert Kosoy Douglas Layton Steve Swain • #TTAcNmeMr AIvres - t) - 30 - f"1!o CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Atlantic BeachF;astewater Treatment Plant Expansion - Change Order *4 SUBMITTED BY: Robert S . Kosoy , Director of Public Works - DATE: April 10 , 1996 BACKGROUND: Painting of the floors of the aeration basins and chlorine contact chamber is currently required by the contract documents . The floors are constantly submerged which minimize the potential for attack by sewage gas . To obtain cost savings , the painting in this area is being deleted. The contract documents do not currently require painting of the interior concrete block walls of the blower building . Painting is more effective at this time as the blowers are covered with plastic and the wall mounted components are not installed, allowing painting behind these devices . 1 . Deletion of Floor Painting $6 , 444 . 24 2 . Addition of Interior Painting $4 , 453 . 72 TOTAL DEDUCTIVE CHANGE ORDER NO. 4 $1 , 990 . 52 RECOMMENDATION : Accept Change Order No. 4 In The Deductive Amount Of $1 , 990 . 52 ATTACHMENTS: Letter Dated April , 3 , 1996 from Mr . Doug Layton , P . E . Five Copies of ange Order No . 4 REVIEWED BY CITY MANAGER: c6111 AGENDAk.,,ITnM NO. SMITH AND GILLESPIE ENGINEERS, INC. POST CFF,CE SOX 53,36 JACKSONVILLE. FLORIDA 32201 (904) 743-6960 :,pL i.l 3, 1996 DOUGLAS E.LAYTON,P.E. Mr. Robert S. Kosoy, P.E. VICE PRESIDENT Director of Public Works City of Atlantic Beach 1200 Sandpiper Lane Atlantic Beach, Florida 32233 ,;.,.,11''-- 2233 . ' ;,-; .. ''' Irl IC I L_ jI . / : • L-,I; 1 Subject: Proposed Change Order No. 4 v...) y" .li• Wastewater Treatment Plant ;; li •''+ - , Expansion Program L;r S&G Project No. 8505-17-01 1tau i Atlantic Beach, Florida ti "" -- Dear Mr. Kosoy: Enclosed please find five (5) copies of proposed Change Order No. 4 on the subject project. This change order is in the deductive amount of $1,990.52 and provides for deletion of the painting of the floors of the aeration basins and the chlorine contact chamber and the addition of painting for the interior of the blower building. It is necessary that the City of Atlantic Beach execute all copies of the change order in the space provided. Upon execution of the change order, distribution should be as follows: 1. Two (2) copies for the City of Atlantic Beach files. 2. Two (1) copy for the Contractor, Indian River Industrial Contractors, Inc. 3. One (2) copies for Smith and Gillespie Engineers, Inc. If you have any questions about this change order, please do not hesitate to contact us. _ Sincerely, SMI • D GILLESPIE ENGINEERS, INC. Douglj . Layton Enclosure cc: Mr. Jim Jarboe, City Manager, (w/o encl. ) Mr. Tim Townsend, Utility Plant Division Director (w/o encl. ) Fir. Steve Swain, Indian River Industrial Contractors, Inc. (w/o encl. ) Mr. Carl A. Taylor, S&G Resident Observer (w/o encl. ) CHANGE ORDER NO. 4 Date: March 26, 1996 To Contract dated May 25, 1995 between the firm of: Indian River Industrial Contractors, Inc. Post Office Box 23086 Jacksonville, Florida 32241 (hereinafter referred to as the CONTRACTOR) and: The City of Atlantic Beach, Florida (hereinafter referred to as the OWNER) for the construction of: Wastewater Treatment Plant Expansion Program S&G Project No. 8505-17-01 In compliance with Article 13 & Article 14, GENERAL CONDITIONS, of the above referenced Contract, CONTRACTOR and OWNER do both hereby agree that the CONTRACTOR shall make the following changes, additions or deletions to the work specified in the plans and specifications, upon the approval of SMITH AND GILLESPIE ENGINEERS, INC. : 1. Deletion of floor painting in the Aeration Basins and the Chlorine Contact Chamber in _ accordance with the Contractor's proposal dated March 19, 1996 in the credit amount of ($6,444.24) 2. Addition of interior coating of the blower building in accordance with the Contractor's proposal dated March 20, 1996 in the additive amount of $4,453.72 TOTAL DEDUCTIVE CHANGE ORDER NO. 4: $1,990.52 Change Order No. 4 Cont'd. . . March 26, 1996 S&G Project No. 8505-17-01 Page 2 Atlantic Beach, Florida CURRENT CONTRACT STATUS CHANGE ORDER NO. 1: $11,967.69 CHANGE ORDER NO. 2: $ 4,633.85 CHANGE ORDER NO. 3: $19,833.77 CHANGE ORDER NO. 4: $(1,990.52) TOTAL AUTHORIZED WORK TO DATE: $34,444.79 ORIGINAL CONSTRUCTION CONTRACT: $4,003,739.00 TOTAL AUTHORIZED WORK TO DATE: $ 34,444.79 CURRENT CONTRACT AMOUNT: $4,038,183.79 It is further mutually agreed by the CONTRACTOR and the OWNER that the changes when completed by the CONTRACTOR shall decrease the present Contract price, which takes into account any and all previous changes in the original Contract price, by the lump sum amount of One Thousand Nine Hundred Ninty Dollars And Fifty Two Cents, ($1,990.52) and an increase in Contract time for completion of construction of -0- days. ACCEPTED FOR THE OWNER ACCEPTED FOR THE CONTRACTOR By: By: Lyman T. Fletcher Steve E. Swain Mayor Vice President Date: Date: PREPARED: SMITH AND GILLESPIE ENGINEERS, INC. By: C. � - Date: March 26, 1996 Doug a- E. Layton Vice •resident i Attachment A to Change Order No. 4 Wastewater Treatment Plant Expansion Program S&G Project No. 8505-17-01 Atlantic Beach, Florida DESCRIPTION AND JUSTIFICATION 1. Painting of the floors of the aeration basins and the Chlorine Contact Chamber is currently required by the Contract documents. The floors of these structures are constantly submerged, except for occasional (approximately bi-annual) maintenance. This constant coverage by liquid minimizes the potential for attack by sewage gas. To obtain cost savings the painting in this area is being deleted. The walls of these structures require protective coatings and will be coated under the original provisions of the Contract. 2. The Contract documents do not currently require painting of the interior of the concrete block walls of the blower building. The City desires these walls to be painted. Painting is more effective at this time since the facility is not in operation, the blowers are covered with plastic, and the wall mounted components have not been installed, allowing painting behind these devices. • Indian River - a')F--- P.O. Box 23066 / Jacksonville, Florida 32241-3086 1��L r Industrial Contractors, Inc. (904) 262-2000 - Fax Number (904) 260-4829 March 19, 1996 Mr. Douglas E. Layton, P.E. Smith & Gillespie, Inc. Post Office Box 53138 Jacksonville, Florida 32201 Reference: Wastewater Treatment Plant Expansion Program PH&A No. 9325-2 Engineer's Project No. 8505-17-01 City of Atlantic Beach, Florida Subject: • Proposed Contract Change Order to Delete Painting of the Floor Slabs in Aeration Tanks No. 1 and 2 and Chlorine Contact Chamber Gentlemen: Reference is made to your request to provide a cost proposal to delete the painting of the floor slabs in Aeration Tanks No. 1 and 2 and also in the Chlorine Contact Chamber. We propose to offer the Owner a "deduct" in the amount of $6,444.24 to delete this work. Therefore, a contract change order in this deduct amount can be prepared and executed upon your acceptance of this proposal. Your review and action on this matter at your earliest opportunity would be greatly appreciated. Thanking you for your consideration in this matter, we remain, Very truly yours, INDIAN RIVER INDUSTRIAL CONTRACTORS, INC. . f i Si �J (.4 t .t , J ---:: Vice-President SMITH , Nn cS - SES:rgs E!._., . , cc: Mr. Robert Kosoy - City of Atlantic Beach Mr. Carl Taylor - Smith & Gillespie Mr. Norm Viggiano - I.R.I.C. • '�-• /77F— • 77F— • Indian River r..06/__P.O. Box 23086 / Jacksonville, Florida 32241-3086 ..06/__Industrial Contractors, Inc. ;� (904) 262.2000 - Fax Number (904) 260-4829 March 20, 1996 Mr. Douglas E. Layton, P.E. Smith & Gillespie, Inc. Post Office Box 53138 Jacksonville, Florida 32201 Reference: Wastewater Treatment Plant Expansion Program PH&A No. 9325-2 Engineer's Project No. 8505-17-01 City of Atlantic Beach, Florida Subject: - Proposed Contract Change Order to Paint Interior Ceiling and Interior Masonry Walls of Blower Building Gentlemen: Reference is made to your request for a cost proposal to provide the painting of the "interior" masonry walls and ceiling of the blower building. A contract change order in the additional amount of $4,453.72 is required to accomplish this work. This work is based upon the ceiling receiving one (1) coat of primer with two (2) finish coats and the interior masonry walls will receive one (1) coat of block filler with two (2) finish coats of paint. Your review and action on this matter at your earliest opportunity would be greatly appreciated. Thanking you for your consideration in this matter, we remain, Very truly yours, INDIAN '..OW IPUSTRIAL CONTRACTORS, INC. teve E. S .in Vice-President SES:rgs :fis cc: Mr. Robert Kosoy - City of Atlantic Beach ; Mr. Carl Taylor - Smith & Gillespie ,%1:1.,%1:1.172 1 1996 Mr. Norm Viggiano - I.R.I.C. Field r ,. .0 GILLESPIE '"t:vE E-KS, 1NC. An Affirmative Action. Eoual O000rtunity Fmn,n o.