


Construction Update
Week of April 29- May 3, 2024
Do You Need Electric On Your Lanai?
ANYONE who needs to put electric on their lanai should get quotes from a licensed electrician ASAP , before the soffit material goes up. It will become much more difficult to add electric (not impossible) for your electrician to get under the aluminum soffit once it is installed. Once you get a quote - then you can submit your ARC application and get rolling. Time is of the essence here - just to avoid a more costly install down the road. Electric can always be added, but with the installation of the soffit covering the underside of the wood, it will make adding electric more work intensive. Group One and Two should be particularly vigilant.
John King, our Bermuda Bay Construction Liaison
Week of 4/29
You have probably noticed that NO Clout balcony construction is going on at the moment. The Association was sent a Notice to Cure by Clout on April 29, 2024. A meeting was held on May 1 to discuss the disputes and work towards some positive solutions.
Ray and Chris attended this meeting and was quite concerned about Karins blaming Clout, Clout blaming Karins, etc. etc.
Clout continues to demand several change orders regarding additional costs for labor, hours, etc. and Karins is disputing this and so refuses to pay Clout. Bermuda Bay is not withholding the payments, but Karins is protecting us from enormous change order demands. The bottom line is that Clout should continue working while we try and come to a solution for the disputed change orders. There is plenty of work they could be doing, while awaiting permitting and all the obstructions to be cleared. 76 is clear now of obstructions, so they could return to work here, as an example.
I am sure though, that the work that could be going on will not be done by the subcontractors until they are paid. We have actually been happy with the framers and concrete companies and their work ethic. I would doubt that either of these subcontractors will work for Clout again, but it is unfair to say that they are not being paid by us, because we are not holding back the pay schedule. There is a catch 22 to all of this.
The City kicked back Karin's drawings due to a new numbering system they are requiring. In the meeting it was made clear, that enough time had passed and Karins needed to fix this and resubmit immediately.
As for other questions about meeting code and the decks not meeting with the stairs - only Karins can address that. Karins should have been out here on Thursday afternoon to check out our concerns, and directed to call John King to do the walk through with them. A Town Hall meeting has been requested, and we are not opposed to that at all, but until more information is obtained - it would not reveal any more information than what I have shared here.
All in all, we are all frustrated and disappointed in this new turn of events. This Board feels that Clout should have never been our choice, but we are knee deep in it and we need to try and work the situation out to a favorable finish. Paul Terry, our construction attorney, is on it and working to resolve the differences. He does not believe that Clout can claim that "the impact of the critical path" can stand up. There is work to be done, and they could be doing it. I am sure that you have additional questions, but honestly we are sharing everything that we know as of now. We are in a dispute with Clout, and until some resolution can be obtained, there will not be anymore construction by them. The Board is trying to be as transparent as possible. We can only share what we know.
UPDATE AS OF 11:00AM TODAY - MEETING WITH JOE TROCANO AND JOSH MCCOLLUM
Clout met with Karins, F & S, and Statewide (Waterproofing company) today at 10:00am. A Path forward is in place once all of the change order disputes are resolved. As of right now, Karins and Clout have not come to any kind of agreement, but once the financial part is resolved Waterproofing will commence on Group One. Concrete will follow...railings will be installed and the soffit will be put on.
All drawings are done and sent, except for 58. F & S will be back on site to make the corrections needed for the waterproofing to go on correctly. The adjustments will be a minimal repair and will take 5-7 days. Railing drawings (not done by Karins) should be completed in a few days will be submitted.
Once the financial dispute is settled, F & S will come in five days before to make the adjustments and waterproofing will not be far behind. Honestly speaking, I have no real date or timeframe as to when an agreement will be reached. Paul Terry and Karins are currently working on it. The following requests and communications to Clout are below.
Many of you has asked the order of construction - here it is again for your information.
As of March 18, 2024 we have permits for 14 of the 20 buildings:
Stage 1- 65, 68, 70, 72
Stage 2- 45, 47, 48, 49
Stage 3- 74, 75, 76
Stage 4- 50, 53, 57, 58
We have not received the drawings for stage 5 from Karins, so there are 6 permits still outstanding: 59, 60, 61, 62, 63, 64
Sometimes permits are issued out of order, but the group order will still be maintained.
IMPORTANT NOTICE
Spectrum will be onsite the next few days or so to address the cable lines that were exposed during WKMs Stair install, but will also begin and complete moving the lines that have been identified in the footers of the first section of buildings. Spectrum has informed Clout that they are to expose all future lines and pin them out of the way so that construction does not delay, and they will address once a section of buildings have been completed. These cables WILL BE EXPOSED, until the construction is completed on the section being worked. So, for example, as soon as Group One buildings (65, 68, 70, and 72) are completed, the property manager will call Spectrum and they will come out and complete the upgrades and rebury the cable for these buildings back into the ground. AC cables are also a part of this concern. Rest assured that ALL will be buried. This will be a building by building process, so everyone needs to realize that we are going to have cables out and about everywhere for the time being. Be careful and conscious as to where you are stepping for your own safety.
If you are on a second story and do not have a covering on your sliding door, this needs to be addressed, either with plywood or a juliet. Please notify the office if you need assistance with this. Juliet will then give the list to Josh B. Clout will reinstall one time and one time only. These must remain in place while the construction is being done for safety and insurance reasons.
KARINS INQUIRY TO CLOUT
Good Afternoon
In regards the Notice to Cure letter and other outstanding issues, Karins has the following comments
- Proposed Change Order #6 – For us to approve the amount of money asked for we will need detailed information on how the amount was calculated and how the items listed have affected the critical time path as other work could have been completed during the delays.
There is prescribed process under Article 15 of the A201 for dispute resolution that needs to be followed.
Please note that per the section below, Clout is to continue work while this issue is being resolved
§ 15.1.4 Continuing Contract Performance
§ 15.1.4.1 Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents.
- Pay App #6 – This has been previously approved by Karins. Joe is been in contact with Peggy at the bank to find out what the exact issue is on their end. It is our understanding that a payment of $73k has been separately made to Clout directly by the Association as a gesture of good faith in order to keep the project moving forward
- Pay App #7 – This has not been approved due to the inclusive of CO#6. If the CO is removed with the understanding that it is in dispute resolution as described above, we will approve it for payment
- Pay App #8 – This was received from Clout of Friday, April 24 2024. Joe is going to the site today to verify the billing.
- Review time for Pay Applications. We review, confirm and approve Pay Applications as fast as we can. For previous pay applications, due to errors on the billing there have been revisions needed before we were able to approve the pay applications. Once we approve the pay applications we have no control on how or when they get approved by the Association and/or their bank
- The outstanding permits issues for Buildings 59-62 – It appears that the comments are related to the Railing Shop Drawings and the code references. Karins went ahead and updated all the file names for these building also just so the building department does not have another reason to kick them back. These will be provided in a separate email to Racheal today
- Permits for Building 63 - 64 – These building have some units where the unit owner will be responsible for reinforcing their own decks. Karins is verifying the unit numbers today
- At buildings 59-62 – Excavation at the footings can be started immediately in order to determine whether there are utilities’ the Association needs to move. The comments from the city have nothing to do with the footings and/or balcony design and layout
- At the new balconies, as previously discussed, the edge beam behind the top stair riser needs to be adjusted at some locations in order to allow for the balcony edge flashing and t-bar to be installed. This work can be completed immediately
- At the new balconies, the waterproofing system can start to be installed. Karins has discussed the T-bar size and details with Clout and there is no reason that this work can’t start immediately
Above you will find before and after pictures for unit 72F – windowsill repair. We are using Tradesmen to do the first window. Once he got into it, he could clearly see that the old wood was not treated wood. The window had also swollen, so he went inside and popped it into place before painting and finishing. The wood we are using now is treated. This one sill took about six hours to complete. An approximate cost to a 40 hour week could be $1640. He can probably get 5 to 6 units done in a week. All of this work will be paid out of the Munyan settlement suit, once attorney fees are closed.
If you have active water intrusion going on right now - please notify the office - even if you have already filled out a work order.
The Flood Insurance documents have been updated for 2024-2025 and can be found on the CINC website.
Our maintenance people are repairing shutter extensions - so be sure that the office has your unit number/work order so that it can be repaired. Remember: The Bermuda Bay Owners Facebook page is NOT an official page for our association.
ARC COMMITTEE IS LOOKING FOR NEW MEMBERS! IF INTERESTED IN SERVING ON THIS COMMITTEE PLEASE CONTACT THE OFFICE OR Jennie Creighton, chair - jenniecreighton@tagpartners.org
Everyone needs to fill out an ARC application no matter what work you are doing, just for the record. Some work does not need any approval by the ARC committee, but your application will go into your permanent unit file for future reference if ever needed. It also lets us know what vendors will be on property to do work.
Other ARC work will need approval by the committee. Once it is approved by the ARC committee it is moved forward to the Board of Directors who will vote on it at a Board meeting. Plumbing, Electric, and Structural are major and need ARC committee approval. Second story flooring needs approval and a few other things as you can read below.
Also remember - per our new amendment to our documents - you must measure your balcony/lanai if you wish to keep your dimensions for the future. As continued work needs to be done - replacement will hinge on the documentation you are supplying now to the office. All forms are available through the newsletter, the office, or on the website for your convenience. Applications must be submitted by the first Friday of the month, as the ARC committee reviews the second Wednesday of the month and submits to the Board for approval at their Board meeting, which is the third Wednesday of the month.
Trust Roofing:
Work on 54 and 59 should be commencing within a short period of time. Be looking for an email blast with more specific information on dates, when to move your car, and other pertinent info.
If Spectrum has put orange conduit on your building (like the picture above) it is a TEMPORARY FIX. Spectrum will return when the balconies are constructed and figure out a better way for the line to go into the different units. We will try to warn each building if Spectrum will be working near you and if your cable, internet, or voice will be disabled. Also check your email for blasts from Spectrum, as they often try to alert their customers directly on updates and maintenance.
Try to stay positive and patient, as we wait for the project to proceed, and we are dealing diligently with all of the challenges that are put before us. Until next week...
Bermuda Bay Beach Condominium Association, Inc.
Email: bermudabaymgr@condominiumassociates.com
Website: https://condo.cincwebaxis.com/
Location: Bermuda Bay Beach and Racquet Club, 4201 38th Avenue South, St. Petersburg, FL 33711, USA
Phone: 727-864-0735
Twitter: @BermudaBayStP