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Minutes 09-23-93 MINUTES OF THE SPECIAL CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON THURSDAY, SEPTEMBER 23, 1993 AT 6:00 P,M, PRESENT Edward Harmening, Mayor J. Scott Miller, City Manager Jose Aguila, Vice Mayor James Cherof, City Attorney Lynne Matson, Mayor Pro Tem Shannon Burkett, Deputy City Clerk David Katz, Commissioner Robert Walshak, Commissioner CALL TO ORDER Mayor Harmening called the meeting to order at 6:00 p,m. The purpose of the meeting was to interview and rank the consultant engineering firms interested in providing engineering services for the modifications to the-existing HVAC systems ~hroughout the City Hall Complex. 1. Ralph Hahn ~ Associates, Inc, Bill Bradford, President of Ralph Hahn & Associates, is a Mechanical Engineer. R--a'T~h Hahn & Associates, ~c~ is a full'service architectural and engineering firm with offices in West Palm Beach, Orlando and Springfield, Illinois. The firm was started in 1961, and the West Palm Beach office was opened in 1974. Mr. Robert Knoedler, Vice President and Mechanical Engineer, and Bob Vickers, Architect, were also present. On this particular project, Bob Knoedler will be the Principal-in-Charge. He was responsible for the study which was provided to the City. Bob Vickers will be in charge of the architectural part of the project. Ralph Hahn & Associates is ready to supply a full contingent of personnel to wonk on this project. With regard to experience, Ralph Hahn & Associates has been working on Crestwood Middle School and Jupiter Middle School. Both of these projects are indoor air quality projects. They have been massive phasing projects in order to keep the schools in operation. Mr. Bradford also supplied a list of additional projects. Mr. Knoedler advised that some of their work on the City's project was already done during the gathering of information for the study. A block load calcula- tion was done of the cooling loads to help identify the problem. They have pro- posed alternate solutions, some of which are simple maintenance items such as retrofitting the existing equipment. Some other optional solutions will upgrade the system in terms of rezoning some of the building, going from an existing constant-volume system to a VAV system or multi-zone system. The firm feels the optional solutions will better control the humidity in parts of the building. The repont outlines a number of problems and some of those items have been acknowledged and cleaned up by Clayton Environmental. Mr. Bradford reported on the findings of the inspection of the inner liner of the air handler casings. There was corrosion which caused rust in areas which were exposed to outdoor air. Further, it was determined that splinter ducts were not drawing the amount of ventilation required. The drawings indicate adequate ventilation if the quantities were being achieved. - 1 - MINUTES - SPECIAL CITY COMMIsSIoN MEETING BOYHTON BEACH, FLORIDA SEPTEMBER 23, 1993 In conclusion, Ralph Hahn & Associates feels they have the experience necessary to perform the project well. They have done this work for a variety of clients in government, institutions, industry and education. They have received out- standing com~.endations and have had good working relationships with their clients which date back twenty years. Vice Mayor Aguila realized that items will be found during the project which were missed during the information gathering; however, he inquired whether or not Ralph Hahn & Associates felt confident enough with their report that they will solve the problem without any major surprises. Mr. Knoedler said they have identified the problems; however, there are options in several areas. As a minimum, the City will have to recondition the air handling units and rebalance the coils. In some areas replacement of the coils will be necessary. The firm offered a step up in a few areas where they felt that a VAV system or multi-zone system would afford a better solution. The dif- ference in costs has been defined. One project Ralph Hahn & Associates worked on which was similar to the Boynton Beach project was the University of South Florida's College of Public Health. The firm was able to solve those problems and the corrections have been working for five years. AT&T in Orlando has been working for one year and it is going well. 2. Smith Seckman Retd~ ,!n~,, Jtm Baker made the presentation. Smith Seckman Reid is a 170-person firm with ~-¢~i~n Nashville, Fort Lauderdale and Houston. The Fort Lauderdale office has twenty-five (25) people with specialties in mechanical and electrical systems. The mechanical systems include HVAC, plumbing and fire protection. The firm has had twenty (20) years of experience. Over the past five years, they have completed projects in Florida for $750 million total construction cost. Smith Seckman Reid has a national identity as hospital consultant specialists. Cleveland Clinic, Memorial Hospital of Hollywood, South Miami Hospital and Cape Coral Hospital are some of their clients. Mr. Baker will be the Project Manager. Mark Martyak will be the Principal-in-Charge. Smith Seckman Reid has experience in the kind of work required by the City of Boynton Beach. He further pointed out that 90 percent of hospital work is renovations. The scope of the project is to evaluate the HVAC systems using the report which has already been done. There will be some removal of internal duct insulation and insulation from the inside of the air handler units. There may be a need to remove coils and replace them with~deeper coils. The project approach is to review the reports and tests already prepared as well as Code requirements. It would be necessary to verify operational problems indicated in the report as well as look into the temperature zoningproblems. Mr. Baker poi:nted out that Smith Seckman Reid has an extremely good relationship with Trane Company. Mr. Baker has already been in touch with Bill Easterday to do some preliminary investigations. The outside air which is noted on the orig- inal contract documents does not correspond with the entering air conditions which are scheduled. That leads Mr. Baker to believe that there is some addi- tional capacity existing on the coils. HINUTES - SPECIAL CITY COHHISSION HEETING BOYNTON BEACH, FLORIDA SEPTEMBER 23, 1993 Many of the problems will occur in the equipment rooms. The coil removal can be done on three-day weekends. The work will have to be phased in the Police and Fire Departments because of the fact that they have twenty-four hour, seven-day per week operations. Smith Seckman Reid takes pride in-the fact that they are cost effective and provide solutions. Mr. Baker used charts to explain how the air handling unit coils will be cleaned or replaced within a twenty-four hour period. Mr. Baker used another diagram which depicted the air conditioning units in a mechanical room. He explained how the ducting works well to get air out into space, but because of only two short pieces of return duct, the air cannot get back. This results in stagnant air and lack of ventilation. Mr. Baker advised that a modified return duct system might be the answer to this problem. Mr. Baker feels Smith Seckman Reid will be able to meet the scheduled completion date and thinks some of the buildings can be completed even more quickly, Mayor Pro Tem Matson thanked Mr. Baker for his example of how they would change the system. In response to Vice Mayor Aguila's questions, Mr. Baker advised that Smith Seckman Reid has been in operation in Fort Lauderdale for two years. He further stated that he would use the Hahn report as a springboard, but he will be in- vestigating the equipment and systems himself. Smith Seckman Reid can handle any renovation project which involves heating, ventilation or air conditioning. He feels this is an HVAC renovation, which was not done properly the first time. 3. Stolley & Associates, Inc. Charles "Bud" Stolley introduced Kent Stolley, Vice President of the firm. The firm was founded in Florida in 1969, and has been in business for twenty- four years. The technical employees have been with the firm for an average of thirteen years. Every project is supervised by Charles or Kent Stolley. One of those two gentlemen wilt be the Project Engineer. Stolley & Associates, Inc. provides design, investigative work, construction phase services, and services during start up after construction is completed. Stolley is aware of the problems from the report. If additional problems are uncovered, they will be identified. They will review the indoor air quality report, all of the building drawings which will include the architectural and structural drawings to determine whether or not there is space for duct work if it is necessary. They want as much input as possible. In preparing the drawings and specifications, they advocate CADD drawings and computerized master specifications. Kent Stolley advised ~that the people involved in the design will be involved in the construction phase. During the bidding phase, Stolley & Associates responds to the questions from the bidders and assists in the evaluation of the proposals. They will make recommendations with regard to the selection of the contractor. In response to Vice Mayor Aguila's question, Charles Stolley advised that the projeCts Stolley & Associates were involved with similar to our project are Barnett Bank in Cocoa Beach, Coral Ridge Towers Condominium in Fort Lauderdale, and Motorola in Plantation. HINUTE$ - SPECIAL CITY COI~I$$IONNEETING BOYNTON BEACH, FLORIDA SEPTEHBER 23, 1993 Attorney Cherof advised the Commissioners that when voting, number one would be the first choice. While the votes were being tabulated, Attorney Cherof continued with the second item on the agenda. B. UPDATE ON FIN!ZIO V$, CITY OF BOYNTONBEACH Attorney Cherof reminded the Commissioners that he was requested to contact Mr. Vance to ask him to obtain a verbal opinion from the IRS counsel in Washington. During discussions with him, Attorney Cherof was advised that he would not do that, and does not feel it is possible to get an opinion in a short period of time. Further, he does not think it is possible to present the facts verbally. He recommended the City rely on a written response. Mr. Vance also advised Attorney Cherof that he wishes to withdraw from the case, and asked that the City substitute counsel for him. Attorney Cherof was in con- tact with several other law firms who have expressed interest in the case. More details of the case will be supplied to them upon direction from the Commission. In response to Mayor Harmening's question, Attorney Cherof requested the Commis- sion's authorization to tentatively interview some people in an effort to retain someone so that the City is not at risk in the event of a hearing on short notice. Mr, Vance has the responsibility of transitioning the case. Vice Mayor Aguila expressed his opinion that Mr. Vance's answer was highly irresponsible. Further, he inquired as to whether or not Attorney Cherof felt he knew enough about the case to determine if the City can get it resolved quickly. Attorney Cherof felt he does not know enough at this point, but he is in a position to gather the information quickly. He did not feel that action would be improper on his part. Vice Mayor Aguila asked Attorney Cherof if he would be able to contact Ms. Greenhouse to determine the "sticky points". Attorney Cherof advised that he has had a brief conversation with Ms. Greenhouse within the last few days. He feels he will be able to narrow down the outstanding issues in an attempt to assist in implementing the,Order. Notion Vice Mayor Aguila moved that Attorney Cherof do the following: 1. Contact Mr. Finizio's attorney to determine the outstanding issues; 2. follow up on getting Attorney Tannenbaum to provide his opinion in writing to the City of Boynton Beach; and 3. pursue possible transition counsel to get this resolved, Mayor Pro Tem Matson inquired as to whether or not a request should be made from Attorney Tannenbaum for a "hold harmless" agreement. Mayor Harmening and Vice Mayor Aguila advised that that would follow once it is determined that the City can rely on his opinion. Mayor Pro Tem Matson seconded the motion. -4- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 23, 1993 Commissioner Walshak feels Mr. Vance's conduct is a crime. It was Mr. Vance's opinion that the City could win the case, and it appears from the bills that the only person who rhaS won is Mr. Vance. He is not surprised that Mr. Vance wants to resign from the case. Mr. Vance dictated the release which was signed by the plaintiff. Then a few days later, in court, he said it was inadequate. Commissioner Walshak feels Attorney Cherof can settle this case within a few days. He suggested Attorney Cherof bury all of the negative memoranda he has received. He fully supports any action Attorney Cherof might take to get this case settled intelligently without costing the taxpayer's and the City a great deal more money. Commissioner Katz agreed with Vice Mayor Aguila's motion with the exception of engaging new counsel. Vice Mayor Aguila advised that his direction was to research and find new counsel. Commissioner Katz is opposed to researching or finding new counsel and will not support the motion with that portion included. Vice Mayor Aguila advised that if the other portions of the motion are resolved, new counsel wi)ll not be necessary. Attorney Cherof advised that no one will be on the payroll until all the possibilities are explored. There has been no indication from the plaintiff that he wishes' additional litigation, In response to)Commissioner Katz' question about whether or not Attorney Cherof's resea:rch would cost additional money, Vice Mayor Aguila advised that is part of his re~tainer. The motion car~ried unanimously. Returning to the selection of a consultant engineering firm, Attorney Cherof provided the following ranking: 1. Smith Seckman Reid, Inc. 2. Ralph Hahn & Associates, Inc. 3. Stolley & Associates, Inc. ADJOURNMENT There being np further business to come before the Commission, the meeting prop- erly adjourned at 7:00 p.m. THE CITY OF BOYNTON BEACH Vi~e Mayor ATTEST: ~ - - B