The Cleveland City Council approved a resolution Monday to comply with erosion control measures mandated by the state of Tennessee.
Fourth District Councilman David May voted “no” and At-Large Councilman Richard Banks did not vote because of his familial ties to Allan Jones.
The city of Cleveland has 45 days to correct the erosion control devices along LIC South.
Steve Williams, of Steve Williams Construction Co., said it would take 60 days to do the work once he receives the new drawings, which could be Wednesday.
Erosion control monitoring, device installation and maintenance accounts for about $430,000. Erosion control is required by the Tennessee Department of Environment and Conservation and as part of TDOT projects. It costs the city $1,100 each day the compliance evaluation inspector is on the site.
Approximately $566,720 of work remains under the original contract. Most of the amount is asphalt, paving, guardrails, signage and pavement markings. The top coat will not be applied until after the buildout of a major retail development.
Work was suspended after the previous Council meeting when change orders were not endorsed without approval from Bradley County commissioners, who expect to vote on the fund transfer at their next voting session.
“We would like to move forward with the project (LIC South) because every day matters,” City Manager Janice Casteel said. “The other bit of good news is our staff can serve as the compliance evaluation inspector for the remainder of the project, except for the asphalt plant. We do not have any inspectors certified for the plant.”
City staff serving as CEI eliminates the expenditure of $1,100 a day when there is work on the site and the same amount two to three days a week when there is no work on the site. The city can inspect the site since 80 to 90 percent of the work is done, according to Engineer Services Department Director Jonathan Jobe.
“There is not a lot of work left so they’re letting us do that,” Jobe said.
“When you get to 90 percent completion then you can apply to take over those duties,” Casteel said.
Banks asked if the contractor was responsible for any of the time and cost overruns.
“I’m not sure. We’d have to look and see if there is anything we could go back on the contractor with,” Jobe said. “I think you would have to recoup those CEI costs with liquidated damages.”
Casteel said CEI has fulfilled that portion of the contract “because they have to be there when the contractor is working or isn’t working.”
Casteel said, “They have to do the testing and with every rain they have to document what the issues were.”
“Whose fault is it that the project is running 16 months instead of four months?” May asked. “Is it the contractor, or who?”
“There are all kinds of different answers to that question —,” Jobe replied.
“We know weather was one,” May continued.
“Weather was one. Contractor error is some ... ,” Jobe said.
“You need to proportion that out,” 2nd District Councilman Bill Estes said.
“... We end up paying it all, whether it’s our fault or not,” May said.
“I can probably get the CEI to break that down,” Jobe said.
“If you proportion it out (according to) culpability, it might be easier to recoup some of the cost,” Estes said.
Jobe said Bradley County Engineer Sandra Knight estimated the cost overrun on erosion control at about $430,000, but as the project continues, erosion control devices begin to fail.
“They have to maintain them and replace so that can keep going up,” he said.
Casteel said, “With the microscope that has been on this project, it has received extra, extra erosion control, as we told the Bradley County Commission we would do.”
The original bid included 180 check dams made of rock. There are now 570 check dams in place, according to Jobe.
A revised budget of $4.8 million for LIC South leaves $3.2 million for the northern leg. The northern leg is on hold until TDOT finishes designing the new interchange across APD 40. The new interchange will connect the northeast and southeast quadrants of APD 40 and Exit 20 to Interstate 75. Spring Branch Industrial Park and a major retail development are planned for the southeast quadrant. After TDOT completes its design work, then the city will finish its design and purchase rights of way for the northern leg. That project should go out for bid in about 12 months and is estimated to cost in the neighborhood of $2.5 million, according to Jobe.
Under the terms of the original contract between TDOT, Bradley County and the city of Cleveland, the highway department allocated $2 million for each connector road. The city and county each contributed $1 million. Both connectors were originally budgeted $4 million each. The south connector was on a four- to five-month construction schedule, but is now in its 16th month. The original contract bid was $2.51 million. The revised construction cost is $3.449 million. However, if county commissioners agree to the fund transfer to cover change orders and cost overruns, the cost will be $4.746 million.
At the city’s request, the Bradley County Finance Committee recommend Aug. 20 to transfer $800,000 from the North to the South LIC with one dissenting vote from Commissioner Ed Elkins. Commissioner Mel Griffith was attending a different committee meeting and was absent from the Finance Committee meeting.
The change orders include:
— Two time extensions requested by the contractor;
— Use of temporary stream crossings that were not set up in original contract, $4,400;
— Requested addition of erosion items by TDEC (i.e. Georidges, Straw Wattles, Floc logs, and Jute Mesh Fabric), $27,116;
— City of Cleveland requested bituminous material be changed from PG64-22 to PG70-22; $37,411;
— Grade change from 8 percent to 6 percent, and other items currently in contract would be increased or decreased as a result of this change order. Some items were removed from original contract, $440,000.
— A French drain and the rock excavation encountered when installing the French drain, and additional excavated material, $64,892.