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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 rp oiect 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 Special Council Meeting Minutes — October 15, 2012 Page 1 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. Special Council Meeting Minutes — October 15, 2012 Page 2 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 Attest: gz4z C> CitycAdki&strator Special Council Meeting Minutes — October 15, 2012 Page 3