Public Cultural & Entertainment Facilities Cooperative District

The City of Foley Public City of Foley, AL Cultural & Entertainment Facilities Cooperative District 407 East Laurel Avenue Meeting Minutes - Final Foley, AL 36535 Public Cultural & Entertainment Facilities Cooperative District Wednesday, June 29, 2016 2:00 PM Conference Room Call to Order Chairman Floyd Davis called the meeting to order at 2:00 p.m. Roll Call All Public Cultural & Entertainment Facilities Cooperative District members were present. Others present were Vickey Southern, Mike Thompson, Jeff Rouzie, James Adams and Ivy Mitchell (HPM). Present: 5 - Floyd A. Davis,Keith Newton,Charles Ebert III,J Koniar and Mark Welytok Present: 5 - Floyd A. Davis,Keith Newton,Charles Ebert III,J Koniar and Mark Welytok Approval of the Minutes 16-0377 PCEFCD Minutes of 05-13-2016 Attachments: MeetingMinutes28-Jun-2016-03-02-09.pdf A motion was made by Vice Chair Keith Newton, seconded by Secretary/Treasurer Charles Ebert, III, that the Minutes be approved. The motion carried by an unanimous vote. Ordinances, Resolutions and Other Business 16-0378 Consider land swap between PCEFCD and CIEDA Attachments: LAND SWAP.pdf Mr. Thompson reported in order to stay in compliance with the fire codes they need to stay 60' from the property line. They explained the issue to CIEDA and they agreed to is a square foot to square foot land swap. CIEDA will give Foley parcels 2 and 5 in exchange for parcels 1, 3, 4, and 6. This allows Foley to comply with the Fire Code setbacks based upon the size of the building that is being constructed; 2) it makes the property rectangular; and 3) it squares off the CIEDA property. Mr. Denaburg reported in order to keep construction costs down they can go to a type "2B construction" with the set up of the land swap. Otherwise they would have to go to a "1A construction" which costs more. Currently they City of Foley, AL Page 1 Public Cultural & Entertainment Meeting Minutes - Final June 29, 2016 Facilities Cooperative District have only 36' from the property line. This will also allow more space for firefighting and there will not be a problem with ingress/egress. Mr. Denaburg reported the metal and precast product can be used 10' beginning at the bottom on the north and south sides of the building . The 1A construction costs more and both types of construction are equally the same as far as safety. The only difference is cost. The parcels are basically equal in size and cost and CIEDA is fine with the swap. The metal wall panels will go around the building and there will be some precast around the first ten feet up from the bottom upward. The tuff wall component is being proposed for the north and south section of the building. Mr. Ebert reported the fire code does not affect the rating. Mr. Thompson reported they are requesting is 1) approving the land swap; 2) authorize the Chairman to sign the documents. The land swap will have to be platted. Jeremy Sasser of Goodwyn, Mills and Cawood is drawing up the plat and finalize and the Chairman will be the representative of the District. When asked about the parking and fire lanes Mr. Denaburg reported there were no problems with the fire lanes when the structures are built out. Mr. Koniar made a motion to the land swap as outlined in the attached map as presented and Mr. Ebert seconded the motion. The vote passed unanimously. Mr. Koniar made a motion to include in the first motion to authorize the chairman to execute any documents associated with the land swap, and Mr. Ebert seconded the motion. The vote passed unanimously. Enactment No: 16-0028-PCEFCD 16-0379 Consider Change Order 1 to Dunn Construction re: Tuff Wall in lieu of Precast Wall Matt Denaburg reviewed a PowerPoint regarding the budget for the event center cost projection worksheet. It has all the categories from the original budget. They allocated within each budget the cost of each line item. They went through the packages for construction. Dunn was awarded Package 1 for the metal building and foundation and the $3.8 million was approved at the last meeting. The contract was signed last week for $3,791,000 million, which was their initial contract amount. They discussed the topic of the precast versus the tuff wall with the architect. Dunn presented them with a Change Order to add Tuffwall along the north and south side of the building in lieu of the precast and the precast will be done on the entryways rather than the east and west side of the building. HPM had a total for precast for the north and south side, which would be replaced with tuffwall for $385,500. Out of that Dunn turned in a number that was slightly higher than was anticipated and they are still reviewing it with the Dunn and the architect. It was $170,000 for the Tuffwall in lieu of the precast. Out of the $385,500 they were only going to use $170,000 for the Tuffwall. A resolution approving Dunn Construction's Change Order #1 in the amount not to exceed $171,000 for Tuffwall; to allow the chairman to execute the documents as needed, and to reallocate the funds into a contingency account to be used, if necessary or not, passed unanimously on motion by Mr. Welytok and Mr. Koniar. City of Foley, AL Page 2 Public Cultural & Entertainment Meeting Minutes - Final June 29, 2016 Facilities Cooperative District Mr. Newton asked that a list of ten year old structures that had Tuffwall be provided so that the board could take a look at them and also have HPM confirm that the warranty is really a 10 year warranty. Mr. Denaburg reported he had gotten a list but failed to bring it. Enactment No: 16-0029-PCEFCD 16-0380 Consider Dunn Construction's Change Order 2 (Enabling Works) Mr. Matt Denaburg reported they bid out the "enabling works package". Martin Construction was onsite and taking the excess dirt off for approximately $3.00 per cubic yard. They bid out the enabling works package to R&S Paving and Grading, Martin Construction and Dunn Construction. Dunn came back with the lowest number who was right at $104,000. Martin was at $140,000 and R&S was slightly higher in the low $200,000. HPM is proposing Dunn Construction receive the enabling works package as the lowest responsible bidder since they will also be on site. Mr. Ebert asked what was included in the enabling works package. Mr. Denaburg reported it was the site access into the site. Now they have the big pile of dirt when you go into the roundabout. It will include the laydown area, shaping and prepping the building pad for Dunn's package 1, also includes silt fencing all the way around the site, and BMP's all the way around the site. They will have all their equipment there and will be able to handle all their best management practices on site. Mr. Denaburg showed the Board members what Tuffwall looked like on the PowerPoint Presentation. It looks like precast. It will be a 2.5" insulated wall panel and has a good R rated value. All the materials will completely match. By using the Tuffwall it will save approximately $250,000. It usually runs half of what precast runs. It comes with a 10 year warranty on the metal panels that are maintenance free. The seams are sealed with a gasket that runs along the side. There was a discussion regarding how it will hold up with weed eating equipment. The panels cannot be repaired if one gets damaged, the whole panel has to be replaced. There are some small doors and some roll up doors on the east side of the building and there will be bollards. They have 95% of the drawing and they will continue to bid out the packages 3,4, 5 and 6. Any money they can save, for instance the $385,000, they saved $171,000 in any of the variances the difference of the cost will go back into the design contingency until they have bid out all the design contingencies. Mr. Thompson reported the design contingency has gone from $153,000 to $385,000. It is important to understand that Foley is pocketing the savings and trying to build up that contingency with a hope and prayer that when we get done with the construction perhaps we have $500,000 perhaps for needs that Don has identified as he uses these new facilities. Mr. Denaburg reported we still have the owners contingency fund in dark gray because it is $500,000. So, there would be $885,000 in bond money to use for important things that Don might need like paving, etc. Mr. Denaburg reported they vetted out volleyball goals, basketball goals, dividing curtains and they will purchase those out right. Ms. Mitchell reported City of Foley, AL Page 3 Public Cultural & Entertainment Meeting Minutes - Final June 29, 2016 Facilities Cooperative District they have been working with the people supplying the sports floor and they can supply the furnishings and equipment without being under a general contractor. If they work under a GC they mark themselves up because they have to work with a GC and then the GC is going to mark it up. To save the two mark ups they will be the last ones coming in and they will do it themselves without the mark up. They are a very well known company and Don Staley is very familiar with them. Mr. Denaburg reported Don, Yann, and everyone has reviewed the Furnishings and Equipment and he has $151,000 that he can spend in furniture. They sat down with Business Interiors this week, started that process and they feel comfortable with that budget for them. Mr. Denaburg reported Lawn Equipment came in a little over budget since the scope changed a little. Don talked with Steve Bailey and agreed that it was best to do it now instead of later. Special Inspections is also something that needs approval today. There was $105,000 and it came in at $55,000 through SES, which is a third party inspector. The remaining $50,000 went into the design contingency fund. There is still $149,045 in the Concessions/Restrooms that has not been spent. They purchased the two restroom trailers for $94,000. This still leaves $149,045 for the contingency fund. They have gone through IT with Jessica's staff for the IT/Infrastructure and they will probably come close to hitting the hard wired items. There will be a few wifi hotspots but not sufficient to provide wifi capability for all the customers but enough to provide wifi to the tournament organizers. It will meet the needs moving forward but probably doesn't get us to where we want to be long term. Mr. Denaburg reported the way it was designed was for it to run all the way through the soccer complex, just across Pride Drive and goes over to the Event Center. By doing this all the fiber will go into the ground throughout the whole entire zone. What you won't get are the access points for the planned access points for all the customers. The rest of the budget contains the project management fees, architect/surveying, and geotechnical testing fees. This will be the second change order to Dunn's cpmtract and will increase the amount of their contract no greater than $105,000. COR#2 is specifically for getting the building pad ready, getting the silt fence installed around the project, getting the BMP's set up, and getting the lay down area prepared. Mr. Adams reported they get competitive bid pricing and if it is important to see the bids they can provide them. There was a discussion regarding the difference between the public works law and how a municipality and a private entity like HPM can handle the bids. Mr. Newton asked if there was a disagreement how they worked it out. Mr. Adams reported they could negotiate. Unlike a publicly bid project where the bid is based on specs and drawings and vendors give you the cost and the municipality has to take the low bid, HPM can negotiate the price. Mr. Welytok asked for a set of plans to be on hand so that when they talked about the project they could look at them. Ms. Mitchell reported they had two things that had to be revised and then GMC would resend them and we would City of Foley, AL Page 4 Public Cultural & Entertainment Meeting Minutes - Final June 29, 2016 Facilities Cooperative District have 95% plans on hand. Mr. Newton made a motion to approve increasing Dunn's contract in an amount no greater than $105,000 and Mr. Ebert seconded the motion. The vote passed unanimously. Enactment No: 16-0030-PCEFCD 16-0381 Discuss Removal of Excess Dirt by Martin Construction Mr. Denaburg reported they wrote a purchase order for $150,000 to Martin Construction the last time the Board met. They have removed 50,000 cubic yards of excess dirt off the event center site. They have some small perimeter pockets of excess dirt, which amounts to approximately 15,000 cubic yards or less, that still need to be removed. In the process of doing this Martin proceeded to dig the detention ponds to help with the BMP control measures to keep all the water and runoff back toward CIEDA's property and away from the City's. He proposed to increase Martin's Purchase Order to get the remaining dirt off the site. There was a little bit of money left in package #6 Site Improvements $23,804.69 for a total of $195,000 and that will be the last of the dirt removal. Mr. Koniar made a motion to approve increasing Martin Construction's contract at $3.00 per cubic yard not to exceed approximately 15,000 cubic yards, based on the savings having Martin already mobilized here. Mr. Newton seconded the motion and the vote passed unanimously. Enactment No: 16-0032-PCEFCD 16-0382 Consider proposal from Southern Earth Science (SES) for independent testing Attachments: SES PROPOSAL .pdf Mr. Denaburg reported he looked at Southern Earth Science and Goodwyn, Mills and Cawood. GMC was doing CIEDA's testing and they were slightly higher than Southern Earth Science. A third party is needed just to do inspections, testing of cylinders, inspections of the welding, etc., a complete outside party and GMC is not a true outside party. We are asking approving for $55,000 and this allows $50,000 to go into a continency fund. There is a list of special inspections that they would have to do as far as welding and bolts. They have pile tests. During the full days they will probably keep a technician on site. They have an office in Summerdale. Mr. Welytok made a motion to accept Southern Earth Science's proposal in the amount of $55,000 for CMT and Special Inspection Services for the Foley Event Center. Mr. Koniar seconded the motion and the vote passed unanimously. Enactment No: 16-0031-PCEFCD Visitor Comments Mr. Denaburg reported they have a list of potential bidders they would like to solicit proposals from for the rest of the bid packets. Bid packet 1 was the mix City of Foley, AL Page 5 Public Cultural & Entertainment Meeting Minutes - Final June 29, 2016 Facilities Cooperative District they had and that Dunn won. Bid packet 2 was typically all the horizontal items. For the trolley route the bid packets will go out to Hosea Weaver, Summit, Martin, and John G. Walton. They all bid the road for CIEDA so whoever wins the CIEDA bid has the potential to win the trolley route. Mr. Thompson asked the package for overflow parking. Mr. Denaburg reported Jeremy has the drawings complete with the exception of one item that he has to fix. He will have everything together next week. They are trying to get a phase construction with the north side first. They hope to get a base late September or first of October. The general trades package #3 consists of Dunn, Morrett (they are doing the pedestrian bridge), Termack, RJ Baggett, Bayshore, Don Gordon Stewart of the names that are on the list. The mechanical package #4 consists of Griffins, Don Rhodes, James Donahee, Pearsons and Gorham that are on the list. Gorham is doing the Peavey building. Ms. Mitchell reported they have done some work at Airbus and are a good contractor. The electrical package #5 consists of Stewart, Moody, A&B, Merithon, and Bagby Russell that are on the list. When asked about Hellmich Electric Mr. Ebert reported he is adding people but he isn't near what he was before he had to lay them off. Mr. Denaburg reported he is doing the Peavy project and this is a much bigger project. He will send him a packet and they will review the packet if he sends it back in. Adjourn A motion was made by Secretary/Treasurer Charles Ebert, III, seconded by Member J Koniar, that this meeting be adjourned. The motion carried by an unanimous vote. City of Foley, AL Page 6