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r o MAY I i P99 BOOK 89 Fa,F.523 SETTLEMENT OF CONSTRUCTION CLAIM - INDIAN RIVER BOULEVARD PHASE III The Board reviewed the following memo dated May 3, 1993: TO: Board of County Commissioners THROUGH: Charles P. Vitunac, County Attorney James E. Chandler, County Administrator FROM: James W. Davis, Director of Public Works Terrence P. O'Brien, Asst. County Atty. DATE: May 3, 1993 RE: SETTLEMENT OF CONSTRUCTION CLAIM PHASE III BLVD. This matter concerns a contract between Sheltra and Sons Construction Co., Inc. (Sheltra) and Indian River County ( County) for the construction of Indian River Boulevard, Phase III. The portion of the contract in dispute is an item in Addendum No. 1 which calls for the installation of two 30" diameter utility sleeves on behalf of and for the use of the City of Vero Beach (City) . The installation of these sleeves during the construction of the boulevard was to the County's benefit in that it would remove the necessity for the City to jack and bore under the new boulevard at a latter date. On December 23, 1991, Sheltra started excavation and installation of the two 30" steel pipe utility sleeves. On December 24, 1991, work on the installation of the sleeves was continued and completed. Boyle's daily report of construction for this date indicates that utility conflicts were encountered. Its weekly summary for the period including this date did not emphasize that there was or could be a problem. It merely stated "utility conflicts everywhere." Location of existing utilities was different from that shown on sketch prepared by Kimball Lloyd for the City. The report also states that Sheltra chopped approximately an 8' wide by 165' long trench through rock to install the pipe sleeves and "Tapered last two lengths of pipe to get under water mains that was incorrect on prints . " i.e., the sketch prepared by Kimball Lloyd for the City that was included in Addendum No. 1. The deflection in the casing was not discovered until August 4, 1992 when the City took a video of the interior of the casing. , Asa result of the tapering or deflection of the utility sleeves, the 16" ductile iron water main and 14" ductile iron force main could not be fed through the utility sleeves. The bought and paid -for ductile iron pipe was, therefore, not useable or returnable. The City then purchased poly pipe which was then successfully fed through the utility sleeve; however, the final cost to the City was considerably more under the circumstances. It appears to the County that (1) the City provided incorrect information as to the location of other utilities; (2) Sheltra should not have proceeded to install the utility sleeve in the manner in which they did but should have immediately contacted the City with respect to the conflict between information received and actual conditions; and (3) Boyle should have stopped work on the project until the conflict was 58