City Council Minutes 10-15-2012MINUTES
SPECIAL MEETING — MONTICELLO CITY COUNCIL
Monday, October 15, 2012 — 7:00 a.m.
Academy Room, Monticello Community Center
Present: Lloyd Hilgart, Tom Perrault, Brian Stumpf
Absent: Clint Herbst, Glen Posusta
Others: Jeff O'Neill, Wayne Oberg, Kitty Baltos, Brian Weldon, Ron
Hackenmueller, Joel Dunning (Wold Architects)
1. Call to Order
Brian Stumpf called the Special Meeting to order at 7:00 a.m.
2. Purpose of Meeting
The purpose of this special meeting is to consider a change order request for the
Monticello Community Center (MCC) building improvements project.
3. Consideration of a change order request for the MCC building improvements
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Jeff O'Neill said that during the initial process of sandblasting the portion of the ceiling
to be repainted that some large areas of the surrounding ceiling paint had started peeling
and flaking. It became evident that the condition of the paint on the ceiling was so bad
that it will likely need to be repainted sooner than expected. Since crews were mobilized
and the pool is shut down, it seemed to make sense to consider painting the ceiling with
this project. This alternative would avoid having to shut the facility down in the future for
painting. The change order to properly repaint the ceiling is anticipated to be some
$161,000 which would put the project $117,000 over budget.
O'Neill pointed out that a decision needs to be made quickly as the longer it takes to
decide about this issue the longer the pool will be closed. Mayor Herbst directed that the
special meeting be called even though only three council members were able to be
present because it would cost $1,000 a day to idle the construction workers.
Stumpf wondered if Ebert Construction could be found negligent for not protecting the
ceiling border when the air compressor was blowing air back on to it. He suggested
making a claim to the insurance company about the issue while moving forward with the
project.
Joel Dunning from Wold Architects said that he couldn't rule out negligence but would
need to look into it. He said that pursuing a claim would likely involve obtaining expert
testimony about means and methods. He pointed out that the state of the ceiling was
actually an existing condition. He noted that Ebert had been following industry standards
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and that they had not been informed that the ceiling paint was in bad condition. He added
that the change order costs are not being marked up by Wold.
It was noted that the Sherwin Williams manufacturer thought it would be a possibility to
stop the sandblasting process and not paint the whole ceiling at this time. The advice
from the paint rep is that it would be appropriate to stay within with the contracted scope
of the project.
O'Neill asked if ceiling painting is needed to protect against corrosion or is primarily an
aesthetic concern. Dunning confirmed that there was no structural or rust damage that
would affect the ceiling if the paint was allowed to peel and said that the primary concern
was the appearance.
O'Neill asked if the work could be done less expensively if done as a separate project in
the future. Dunning said that there wouldn't be the overhead of a general contractor if the
project were to be put out for bid in a few years. The City might save 3 -5% but might
spend the same percentage due to the cost of inflation. Lloyd Hilgart did not think the
cost would be significantly more but said that the contractor wouldn't know until the
edge was painted and feathered off. Tom Perrault confirmed that there would be some
future mobilization costs.
Alternative methods for cleaning the current surface in order to save costs were
discussed. It was noted that the current sandblasting operation and associated
mobilization would somewhat predicate sandblasting as the method for removing the
paint. If the project were to be done in the future, pressure washing the ceiling would be a
possibility. However, in order to determine if pressure washing would work, an analysis
of the ceiling surface would need to be conducted. Brian Weldon said that it may take ten
days to analyze the alternative rustoleum technique which involves doing adhesion
testing. Dunning reiterated that sandblasting costs more but would provide a new surface
for paint adhesion and is likely to last longer.
O'Neill asked why the City wasn't made aware that this type of an issue could arise.
Dunning noted that Ebert doesn't do destructive testing and that, based upon visual
inspection, there weren't many areas of flaking paint. Sandblasting the area was
recommended to get rid of the rust. He also said that the steel deck may have had some
oil on it which could have prevented adhesion. He didn't know if it was a specification
issue, an application issue, or due to improper preparation. Perrault confirmed that the
paint could last some 15 years.
Oberg noted that there are some unrestricted funds which could be tapped for this change
order but pointed out the need to replenish reserves to address future needs.
Perrault asked if the City would be revenue ahead to paint the ceiling later. Kitty Baltos
noted that extending the project now would further limit revenues during their busy
month of November. She recommended putting off painting until the next pool shutdown.
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Dunning said that it would take one week to install the mobile scaffolding and two full
weeks to do the sandblasting. This would be in addition to the two week pool shutdown
already scheduled every other year. There was some consideration of one additional week
of shutdown now versus five weeks of shutdown later.
The pool could be open by November 19`h if the ceiling work is not completed at this
time or by Nov 26`h if the ceiling work is completed.
Hilgart stated that he didn't feel that there had been negligence as the paint is peeling off
all over. He said that it would make more sense to do the work now while the pool is
closed as opposed to closing the pool for another extended period in the future if doing
the work later.
O'Neill noted that the City Attorney has been contacted regarding recourse against the
original contractor. He was informed that recovering damages is likely to be difficult due
to the statute of limitations.
There was some consideration of arranging for adjusters to come out and evaluate the
situation.
BRIAN STUMPF MOVED TO APPROVE THE CHANGE ORDER IN THE AMOUNT
OF $161,207.40 AND DIRECT STAFF TO DETERMINE A FUNDING SOURCE TO
COVER THE BALANCE AFTER THE CONTINGENCY IS DEPLETED AND TO
SUBMIT AN INSURANCE CLAIM. LLOYD HILGART SECONDED THE MOTION.
MOTION CARRIED 3 -0.
4. Adiournment
TOM PERRAULT MOVED TO ADJOURN THE SPECIAL MEETING AT 8:15 A.M.
LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 3 -0.
Recorder: Kerry T. Burri _K ✓
Approved: October 22, 2012
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