HomeMy WebLinkAboutMinutes_Special Meeting_06/30/2006MINUTES
VILLAGE OF TEQUESTA
VILLAGE COUNCIL SPECIAL MEETING
TUESDAY, JUNE 30, 2006
5:00 P.M.
I. CALL TO ORDER AND ROLL CALL
The Tequesta Village Council held a Special Village Council Meeting at the Emergency
Operations Center, 357 Tequesta Drive, Tequesta, Florida, on Friday, June 30, 2006. The
meeting was called to order at 5:03 p.m. A roll call was taken by Village Clerk Gwen
Carlisle. Council Members present were: Mayor Jim Humpage, Vice-Mayor Tom
Paterno, Council Member Genco, Council Member Pat Watkins, Also in attendance
were: Village Manager Michael R. Couzzo, Jr., Attorney Scott Hawkins, Village Clerk
Gwen Carlisle, and Department Heads.
II. PLEDGE OF ALLEGIANCE
All those in attendance stood for the Pledge of Allegiance.
III. APPROVAL OF AGENDA
MOTION: Council Member Watkins moved to approve the agenda, as submitted; seconded
by Council Member Genco; motion passed 4-0.
• 1. Discussion and possible action regarding the change orders for the New Village
Hall
RESOLUTION 56-05/06- A Resolution of the Village Council of the Village of
Tequesta, Palm Beach County, Florida, Awarding a change order to West
Construction of Lake Worth, Florida, in the amount of $108,274.09, for the sub-
contracting of all Low Voltage Installations at the New Village Hall, Having a FY
2005/2006 capital Outlay Municipal Center Construction -other Fund # 303-331-
663.631 Allocation of $237,000.00 and authorizing the Village Manager to
execute the Applicable change order on behalf of the Village. (See vote on page
3)
Village Manager Michael R. Cuozzo Jr. suggested the Council discuss Resolution
86-05/06. He explained it was related to lower voltage work for the phone
systems, the security systems, and the audio/visual systems that the Village of
Tequesta had originally budgeted for. He indicated the budget was expected to be
more than anticipated. He felt it might be more efficient to have the job under the
master contractor, West Construction, because of the coordination that needed to
take place among the three different contractors. He explained Assistant Village
Manager Robert Garlo negotiated the numbers originally with the contractor,
West Construction, and he could give a specific scope of the work of the vendors
as stated in the change order.
Council Member Genco referred to page 2 of the Memorandum and pointed out
that it stated a total cost of $119,737, while on Resolution 86-05/06, the Village
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June 30, 2006
Page 2
• was requesting $108, 274. She expressed she wanted to make sure the Council
was looking at the right numbers. Assistant Village Manager Garlo explained the
cost of $108, 274 was the amount of the change order. He pointed out the $91,399
and $28,338 was the total work that was negotiated by the Village; that total was
$119,737. He explained in addition to the change order, there was the
coordination fee, because West Construction would be directly coordinating all
the work. Mr. Garlo referred to page 2 of the Change order and pointed out the
$50,000 allowance was projected in the change order. He stated if all those
numbers were added, there would be a total of $108,274. He pointed out that the
top two numbers on the change order was the total scope of the work of the
vendors and it came to $119,737. He stated there was also a $50,000 allowance so
when that was calculated it came up to $108, 274.09. Vice Mayor Tom Paterno
questioned the $50,000 allowances that Mr. Garlo was speaking about, and if it
was budgeted by the Village. Village Manager Cuozzo explained it was an
allowance in the contract. He explained the Architects had an allowance for things
like this. He stated that in the bid, which was $2,587,000, there was a $50,000
allowance. Vice Mayor Paterno asked if the $50,000 was originally supposed to
cover all the items. Village Manager Cuozzo said no. Vice Mayor Paterno verified
it was just an allowance that was put into the contract. Village Manager Cuozzo
answered "yes," and stated it was an allowance for unforeseen items. Vice Mayor
Paterno asked if the Village budgeted the items. Village Manager Cuozzo
• answered that all the items were budgeted.
Mr. Cuozzo referred to the Mumcipal Center line item, and explained there was
an original contract where it says "Construction- Other" and it was $248,000 and
that was for the Village to do irrigation, landscaping, and these things. He stated
the Village would be very close to the original budget. He stated the irrigation and
lanscaping bids were in. Vice Mayor Paterno asked if there was enough money
above the original $248,000, so that the budget would not go over. He stated that
he wanted to know how much money the Village would be over or under. Mr.
Cuozzo stated the Village was not over any of those numbers. Council Member
Genco stated it would be $2.427 million for the building then asked if the current
adjustment would result in an increase of the $108,274. Village Manager Cuozzo
explained that it increased the, general contractor, West Construction, and the
work would be done by other sub-contractors. Council Member Genco stated
there was an allocation of $237,000. She stated "allocation" means what the
Council is approving. She asked what the difference was between the $108,274
and the $237,000. Village Manager Cuozzo explained the landscape, which costs
$107,000 and the irrigation, would be presented in another resolution in the next
council meeting on July 13, 2006.
Council Member Genco stated that Resolution 86-05/06 was only approving the
amount on the contract. She questioned whenever Council makes a change order,
• does West Construction makes an overhead in profit on that change order. Village
Manager Cuozzo stated they made 15% on the cost of the change. He explained if
Council didn't make a change order and rt was m the ongmal budget, the Village
would pay full because they figure they were overhead in profit. Council Member
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• Genco asked if instead of buying certain doors, the Village decided to buy other
doors, would the Village still have to pay the change order on the new doors even
though the two doors are the same price. Mr. Jim Rabideau, CH2Mhi11 Project
Manager said yes, and explained anytime a change order is done and sent to a
contractor, if there was no difference in the cost of the two doors, there would be
a zero dollaz to the change order and therefore, no overhead profit; but if the door
was $100 more than the first, the contractor would be entitled to 15% on that
$100. Council Member Genco stated it would result in a change order in which
there would be an additional overhead profit and it would increase what the
Council originally intended, otherwise no additional amount would have to be
paid. Mr. Cuozzo stated it was within the Village's budget. Mayor Humpage
stated that Village employees would be overseeing it themselves. Mr. Rabideau
said that the trade off is that the contractor was held responsible for the system
now being integrated into the building. He stated if the contractor finds a wire is
too short or missing a device, it is the contractor's problem. Council Member
Genco asked if Mr. Rabideau would install the phone system in the building. Mr.
Rabideau stated a subcontractor would install it. Mayor Humpage explained the
Village was buying the system and would oversee the installation which would be
done by miscellaneous subcontractors. Mr. Rabideau stated one of the other key
items was the contractor is responsible for the scheduling for the change order.
Village Manager Cuozzo stated if the Village left it in the contract, the Village
• would have paid that cost then, however, the Village has to benefit because they
negotiated the contracts with the subcontractors, so there is no possibility of
manipulating the numbers. Council Member Genco asked about the Village's
original budget of $2,487,000. Village Manager Cuozzo explained that on the
budget sheet, all the accounts represent Village Hall; and in the category of
"Construction-other," he explained that was where all of the money was coming
from and it would transfer up to the 2.4 million for accounting reasons. Village
Manager Cuozzo explained a budget adjustment would be coming on the 13~' of
July, 2006 at the Regulaz Village Council Meeting.
MOTION: Council Member Watkins moved to approve Resolution 86-05/06, awarding a
change order to West Construction for the sub-contracting of all low Voltage Installations at the
New Village Hall in the amount of $108,274.09; seconded by Vice- Mayor Paterno; motion
passed 4-0.
a. Furnishing and installation of Vermont Dawby Mazble in the main lobby and
foyer wings.
Village Manager Cuozzo explained the intent was to use the Marble from the old
Village Hall in the foyer of the new Village Hall. He stated the Vermont Dawby
Marble is at the public works facility. He mentioned the contractor felt there was
• not enough marble to do the entire new Village Hall. He expressed he has been
working on this issue for some time and it still needs to be resolved. He explained
the reason he brought the issue to Council was because the Village did not have
the quantities needed for the New Village Hall that was taken off the wall, as
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• specified in the contract, in a condition to put on the floor without additional
treatments because wall marble is different from floor mazble. Village Manager
Cuozzo suggested the Village install the mazble as specified by the plans. He
stated it would require a change order. Council Member Genco asked if the old
marble would be used at all. Village Manager Cuozzo said yes, and explained the
Village would use the marble. He commented out of 100%, the Village has 25%
and the Village needs to add 75%. He explained the new mazble would be
identical to the old marble. Council Member Genco asked if the old mazble would
still be used on the floor or would it be used on the wall. Mr. Rabideau stated it
would be used on the floor. Council Member Genco asked if it was cost effective
to do the treatment to make it floor grade. Mr. Rabideau explained it would be
cost effective. He explained the cost difference between all new marble and
utilizing the Village's old mazble and supplementing it with new marble would
cost a difference of $100; so it would be worth it to use the existing marble. Vice
Mayor Paterno pointed out that the idea was the connection between the old
building and the new building. He expressed the concept all along was to
transcend the old building to the new building. He explained the mazble has to be
refinished and the floors are already set for the mazble. Council Member Genco
stated one of the things discussed was putting marble behind the stage as a
memorial with names carved into it. She asked would it still be $100 difference to
use the marble for this. Vice Mayor Paterno explained there was a discussion of
• putting something on the wall as a memorial by using the existing marble.
Council Member Genco explained the Village has an opportunity of a $100
difference to use the old mazble instead for the memorial. Village Manager
Cuozzo explained it would be the difference a $100 between preparing the mazble
the Village already has and buying all new marble. If the old marble was taken to
put on the wall behind the stage, that would have to be taken out of the equation.
Mr. Rabideau stated it would be an additional cost. Council Member Genco said
she understands that it would be an additional cost to get someone else to install it
but the $100 difference would remain the same if some marble were used for the
wall. Mr. Rabideau stated there was $100 difference if the Village used the old
marble but if that mazble is not used, then 25% more marble has to be purchased
to put on the floor. The difference between refinishing the existing mazble and
buying all new mazble is $100. Mr. Rabideau explained that it would be $105
dollars cheaper to buy all new marble. Council Member Watkins felt the mazble
towazds the memorial made sense. Vice Mayor Paterno asked if it was quicker to
use all new marble rather than the refurbishing of the old mazble. Mr. Rabideau
stated yes. Vice Mayor Paterno stated he did not want to pay more because they
were supposed to make sure that the Village had enough marble in the contract.
Mr. Rabideau stated that they have a conflict that is yet unresolved. He explained
that the Village Attorney Hawkins has been briefed on it and he is awaze of it and
it will have to be resolved. He stated if Council does not go ahead and order the
mazble now, construction will be delayed. He explained all the parties are aware.
• Mayor Humpage expressed he understands that changes represent money, and it is
the general consensus that the Village is not responsible for this matter. He felt it
was up to the Attorney, the engineer, and the builder to work it out. He
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• commented if this is not approved, it will delay the Village Hall. He suggested the
Council move ahead and the Village Attorney deal with the situation.
MOTION: Council Member Genco moved to buy all new marble for the floor of the New Village
Hall Foyer, and save the Vermont Dawby Marble from the old Village Hall for the memorial in
the new Village Hall; Seconded by Council Member Watkins; motion passed 4-0.
b. Village Manager Cuozzo explained when the architect coordinated all the facets
of the building, one of the facets was the power of the building which was with
Florida Power and Light. FPL originally indicated a location that the power was
going to come from. Mr. Cuozzo explained that FPL changed the location. He
explained the tower was previously going to come from the east elevation of the
building just on the other side of the fence, and now it is on the North section of
the building and is going to require a transformer. He explained FPL was going to
need to install some conduits and originally it was designed to have a pole, the
service was going to go down that pole, and then a transformer was going to be
installed there. He explained now FPL is going to set a new pole, and install an
underground conduit from that pole to the northeast corner of the parking lot of
the new Village Hall. Council Member Genco asked if there would be a
maintenance area that would not require any internal work. Mr. Rabideau
explained electrical contractor would pick up the secondary power and carry it to
• the building. He explained it means that FPL was going to want $7000.00 to do
the pole and the underground conduit. And West Construction wanted $7,000.00
for its electrical subcontractor to go the extra distance. Village Manager Cuozzo
summarized it would be an additional $14,000. Council Member Genco stated it
was coming from Seabrook Road then. Village Attorney Hawkins stated this was
not something that West Construction did, but something that the architect did.
Mr. Rabideau expressed it was unfortunate and explained this was something that
happened with FPL. He stated when one goes to them for planning and then goes
back to them a year and a half later for construction, all of a sudden, FPL cannot
fmd the plans they approved, and then one finds they have to go somewhere
different. Vice Mayor Paterno stated Council would have to give them the right of
way to do it this way, rather than putting it in the front where the Village would
have a smaller right of way, and now it will be in the middle of the Village Hall
property. Council Member Genco stated this would be an automatic approval.
MOTION: Council Member Watkins moved to approve the new location for power from
Florida Power&Light and West Construction, to a new transformer location in the an amount of
$14, 346.29 as submitted; seconded by Council Member Genco; motion passed 4-0
c. Replace Windows originally installed
Village Manager Cuozzo stated the windows were installed in the building
• between the architect and the contractor in the interpretation of the contract of
what was required. He stated when he was visiting the site one day it came to him
that there was an inherent problem with the windows. He noticed the windows
were white and not green and were opened and were not fixed. The contractor
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• was directed to remove the windows because they were not to the specifications
of the Village, which led to a conflict that new windows have to be ordered. He
stated the windows were probably going to cost $16,000 more to change out. He
asked the Council who would be responsible to pay for it. Council Member Genco
asked if they delivered the windows according to the order. Village Manager
Cuozzo stated that is what the azchitect was saying but it certainly was not done
according to the Village. Village Manager Cuozzo explained the contractor said
that the azchitect was not clear and did not specify. Vice Mayor Paterno asked if
they were there to discuss it with Council and were they taking responsibility. Mr.
Brian Tavares, CH2Mhi11 Project Manager, explained the shop drawings were
already reviewed, and they made a comment on it to the contractor to confirm the
color with the owner while ordering the windows and they ordered white
windows anyway. Mr. Rabideau stated that they didn't approve the white. Vice
Mayor Paterno stated Council did not approve the white, they approved the green
color. Village Manager Cuozzo asked whose job it was to order the windows and
asked if that contractor did not know to order green windows. Mr. Rabideau
answered that it was the contractor's responsibility and they were to confirm the
color with the owner, and the azchitect. Mr. Tavares stated the shop drawing only
stated white, but the drawing had green. Mr. Tavares said there was some
confusion from the azchitect that was reviewing; the color on the submittal was
white, and the comment on it was "confirm color while ordering the windows."
• Council Member Genco asked which one of the submittals did the contractor
receive; the one with white one or the one with green. Mr. Tavazes explained he
received the one that was white with the comments to confum color. Vice Mayor
Paterno stated this was one of those issues that Village Attorney would have to
resolve. Village Manager Cuozzo stated he tried to negotiate with the azchitects.
Council Member Genco commented it was something between the contractor and
the architect to work out. Mr. Rabideau explained that it is a disclaimer that is
reviewed by the architect and an engineer in any firm and there is a legal stamp
that has been approved by the State of Florida for the Professional Engineer and
Architect that even though there is an approval of the submittal, it is not released
to a contractor with responsibility to coordinate the correct material to install in
this project. Mr. Rabideau stated even though they approve something, the
contractor still has to go by the drawings and specifications. Council Member
Genco felt if she ordered a red door; that's what should be ordered and someone
who is building the door decided to make it green, and then the installer put the
door in, that is their problem and it is not her problem.
Council Member Genco suggested the azchitect and the contractor work it out and
not involve the Village. Mr. Rabideau stated he agreed with Council Member
Genco and that is the position his firm is pursuing. Vice Mayor Paterno asked if
Council could depend on the Mr. Rabideau and the contractor to resolve the issue.
Mr. Rabidaeu said it is not his responsibility to pay for the windows, his position
• is to inform the contractor that he was to coordinate the color. Council Member
Genco asked what happened the day of the delivery and who was there and didn't
notice that the windows were white. Village Manager Cuozzo stated the
contractor was there. He specified that the contractor thought it was the right
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Page 7
• windows because he didn't check with the owner to ensure that they were the
right color. Mr. Rabideau explained that the contractor didn't do what the
approved submittal stated and he didn't check with the owner about the color.
Vice Mayor Paterno asked what happened with the installation of the roof.
Village Manager Cuozzo said that the installation was fine. Vice Mayor Paterno
stated Council should not be paying for it or dealing with the issue. Village
Manager Cuozzo explained that the contractor was supposed to build the building
to the architect's specifications and the architects have been retained by the
Village to do contract administration. Vice Mayor Paterno asked if the contract
administration has been done correctly. Mr. Rabideau stated that it was done
correctly and unfortunately they are not on the site everyday and it was not in the
contract to be on the site everyday. He stated there was a fine line on doing
submittals. He explained if there was something wrong, they reject it, and shut
things down and move at a snail's pace. He stated in construction, the firm tries
to keep things moving along and not hamper the contractor on issues like this. But
obviously there is a pattern of the contractor not taking the architect's notes
seriously, and not addressing the comments they make on submittals. Vice Mayor
Paterno stated if that happens and the architect knows it happens from the
beginning, and it gets worst as things move along, it is Mr. Rabideau's job to take
care of it and that is what the Village is paying his fum to do. Mr. Tavares stated
• that if someone submitted the shop drawing for those and oak was asked for but
someone submits maple instead, the material is fine according to the
specifications, the entire submittal should not be rejected just because of the type
of wood, the only comment was the color. Attorney Hawkins asked who prepared
the submittal. Mr. Rabideau answered one of the architects at the firm,
CH2MHi11. Village Attorney Hawkins verified that it was done at the firm
CH2MHi11. He referred to paragraph 6, and read " fmish color: Verify white color
with GC [General Contractor) owner." He asked why was white color put in
there. Mr. Rabideau explained West Construction submitted the windows with the
white color and that is where he raises the question. He questioned whether
something changed that they wanted white. Attorney Hawkins clarified that the
contractor wrote to CH2MHi11 saying white, and he replied saying verify white
with owner. Council Member Genco stated the windows were stacked up, laid
out, and it took three days to install them and stated it is absurd that noone noticed
the mistake. Mr. Rabideau stated the contractor owns the materials for all
purposes. Mayor Humpage stated that it does not mean that the fum should not
stop them from putting it in. Mr. Rabideau stated he agreed. Mr. Rabideau stated
fortunately the structure was moving along well and it is in good shape; and in
construction there will be situations where there are set-backs. He gave the FPL
situation as an example. Mayor Humpage stated there is no excuse for the
windows. He stated Mr. Rabideau should have come out more often, more than
once a week. He stated that he knew it took more than a week to finish the roof.
• Mr. Rabideau stated yes. Mayor Humpage asked how come they did not fix the
different size in the wood. Mayor Humpage felt the Council's purpose was to
expedite the completion of the building. He asked Attorney Hawkins what would
happen with the additional funds. Attorney Hawkins stated that the Village would
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June 30, 2006
Page 8
• have some legal issues, but stated that the Village still keeps retainage. Village
Manager Cuozzo explained Council authorized 50% of the construction cost to be
paid. He stated that in the end, the Village would have $250,000 in retainer. He
stated that there is a possibility that they will be sued for the contract.
Council Member Genco asked how the Village would get the green windows. Mr.
Cuozzo explained the green has been picked and the architects rejected it and will
need to resubmit. Council Member Genco asked if it would cause the Village to
fall behind in their construction because the building has white windows. Mr.
Rabideau explained the color they selected will be ready in a week, they could
have the flames in, finish the dry walls, and then stucco the outside to the frames
and it won't affect the pace of the construction. Vice Mayor Paterno asked about
the glass. Mr. Rabideau stated that the glass was ordered and it will follow 4 to 5
weeks after that. Vice Mayor Paterno asked if it would be a problem with
potential rains and humcanes blowing in and ruining the interior of the building.
Mr. Rabideau said no, if a hurricane comes up they would have to put ply board
on the window to make it watertight. Mr. Rabideau explained that the outline of
the drawing was submitted with no frame data, no approval data, and no other
kind of data about what is the gage in metal. Mr. Rabideau explained that is what
they need from the contractor before they can approve it. Council Member Genco
asked if it was the same staff people from the inception. Village Manager Cuozzo
explained the superintendent of the job changed about 2 months into the project.
He explained there was a gap and no one was there. He commented the new
superintendent is very conscientious on the job.
MOTION :Council Member Genco moved to replace the windows from the white windows to
the green windows that were originally specified by the Village for the New Village Hal, and
have the 2 parties resolve their issues ;seconded by Council Member Watkins; motion passed 4-
0.
Mayor Humpage mentioned the well will continue to be drilled on the July 4`~
Holiday. He explained because it was a holiday Council had to approve working
on the holiday.
MOTION: Council Member Genco moved to approve allowing the contractor to continue
drilling on July 4, 2006; seconded by Vice Mayor Paterno; motion passed 4-0.
Mayor Humpage announced he would discuss Chief Allison's severance package
for his 30 years of service to the Village of Tequesta at the July Village Council
Meeting and he would like to put it on the agenda. The Consensus of Council
Agreed to add the discussion Chief Allison's severance package on the Agenda of
the Regular Council meeting on July 13, 2006
L~
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Page 9
•
ADJOURNMENT
MOTION: Council Member Genco moved to adjourn the meeting; seconded by
Council Member Watkins; motion passed 4-0.
T'he meeting was adjourned at 5:45 p.m.
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Gwen Carlisle
Village Clerk
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