Council approves bridge change orders and CEI fee; debate over delays and contractor penalties continues

LAKE CLARK SHORES, Fla. — The Town Council voted to approve several change orders on the DuBrig bridge project and to authorize an amendment to pay additional construction engineering and inspection (CEI) fees, amid heated discussion over contractor delays and whether to enforce liquidated damages.

Town Manager Joe Lobello reviewed change orders for the bridge and explained four owner-initiated items that ultimately added about $76,000 for decorative railings, lighting infrastructure and related scope adjustments. He also described a large unforeseen condition: “There was big boulders under the bridge…they had to take out all those rocks before they actually could put the pilings in,” Lobello said, and staff negotiated the contractor’s initial $359,000 claim for rock removal down to about $130,000.

After reviewing the change orders, staff recommended approving change orders numbered 3, 6, and 8 — contractor-initiated items totaling $154,622.61 — and to hold off on change order 5, which remains disputed. A motion to approve the three change orders passed and the council moved to consider a separate amendment to pay Baxter & Woodman (the CEI firm) an additional $110,495 for extended inspection and engineering services.

Council members pushed back on timeline and performance. Council member Christy Mosbach said she could not approve changes that did not account for the contractor’s missed schedule: "I personally cannot approve anything that doesn't enforce the thousand dollars a day penalty," she said. Other council members and legal staff warned that pursuing the $26,000 in liquidated damages could lead to arbitration or litigation with legal fees that would exceed the withheld amount and that arbitration panels sometimes award extra days when unforeseen circumstances occurred.

On the CEI amendment, the motion to approve the $110,495 payment passed on a recorded 4–1 vote. Lobello and the town’s project manager emphasized the CEI’s role in negotiating sizable reductions (e.g., the rock change order) and monitoring multiple complex site conditions, while opponents criticized the total extra hours reported by consultants, which Lobello said included multiple staff and the extended period of change-order negotiation.

The council also discussed asbestos cement pipe discovered near the bridge approaches. Lobello explained that asbestos-containing pipe, when intact and submerged, is not a human-health hazard, but the risk arises when asbestos is exposed and disturbed: "What it is that's not safe is dust of the asbestos," he said, and when exposed the pipe must be removed and handled by professionals. The town said utility funds will fund asbestos-related replacements discovered during construction.

Why it matters: The bridge is a major capital project; change orders, CEI fees and decisions over contract enforcement affect the town’s finances and timelines. Council members said they wanted stronger contractor scheduling and more transparent accounting of total costs to residents.

What’s next: Staff said they will seek to allocate costs among infrastructure reserves, CRA funds where eligible and utility funds, and will continue negotiating unresolved change orders. Council asked staff to provide a consolidated accounting of total bridge costs at a future meeting.