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HomeMy WebLinkAboutMBC Minutes 8/30/2005Town of Mansfield Municipal Building Committee Meeting of August 30, 2005 Members Present: James Liddick, Chairman Richard Feeley, Clerk, Kenneth Gay, Eleanor McCarter, Secretary William Moore and David Young — Excused absence Attendees: Kurt Gaffney, Water Operations Mgr. /Assoc. MBC Member Lee Azinheira, DPW Director Bob Chapell, Woodard & Curran (W &C) Meeting commenced at 6:30 PM. WATER TREATMENT FACILITY PROJECT MBC members met this evening at the new Water Treatment Facility located at 500B East Street _ in Mansfield. The purpose of meeting on site was to review the current completion status of the project. Up -to -date Punch List — Bob Chapell distributed copies of an up -to -date status Punch List (dated August 30, 2005) which was reviewed with members present this evening. Many project items which were previously outstanding, are now complete. • Bob Chapell stated he did not issue a written response to address the items on Mike Ahern's Punch List which was previously requested by the MBC Chairman and DPW Director, however he assured the MBC that all Mike's Ahern's concerned have been acknowledged by Woodard & Curran. Outstanding Project Issues Mechanical: • Ongoing problems with the mechanical system are not resolved. It is unclear whether the system is balanced at this time. • Woodard & Curran expect to receive air and water Certified Balancing Reports from the subcontractor by the end of the week and will forward to AEI for their review. • In response to a previous concern raised by the MBC that the height of the air - handling unit may be insufficient to allow the drainage system to operate properly, AEI advised the MBC that the unit would work properly as installed. • MBC questioned why specs by manufacturer are different than what is accepted by AEI. • W &C needs to check stanchions material used to support pipe. MBC expressed concern regarding premature rusting. Restrooms/Hot Water: Issue was raised regarding lack of hot water in sinks in both men's and women's restrooms. W &C to investigate whether mixing valves are set correctly. Interior Building Signage - MBC continues to have a major concern regarding missing signage for the project. Chairman Liddick requested Bob Chapell to follow up on this item and to find out where the signs are in production. Attic Stock — Delivered. Laboratory —Door threshold is installed and acceptable. As -Built Drawings — W &C received partial As -Built Drawings from Hart Engineering (in paper format). Remaining As -Built Drawings to be provided by Hart include: architectural, structural and electrical. Woodard & Curran is beginning the process of preparing the same As -Built Drawings for the Town of Mansfield in digital format. Radiant Floor Tubing Warranty —MBC decided to reduce the value of a bond Hart was to provide to cover slice repairs to the floor tube material from $50K to $30K for a period of 5- years. Conservation - Certificate of Compliance is needed to satisfy the initial Order of Conditions issued at the start of the project. SCADA - System training is ongoing. Training - Building Start up training is complete. W &C needs to receive certifications from subcontactors. Close -out Materials - Operation & Maintenance manuals need to be provided to owner. Woodard & Curran is waiting to receive additional information from Hart. Project Completion — MBC previously requested Bob Chapell to send an official notification letter to Hart Engineering regarding the volume of incomplete contract work still outstanding past their contract end date of June 16, 2005. All outstanding work must be completed immediately. As of this date, no letter had been sent. OTHER Direct Payment Claims — As of this date Hart Engineering has not provided a sufficient response to the MBC regarding demands for direct payment by (3) subcontractors. • The Town of Mansfield is up -to -date with payments to Hart Engineering for the HVAC work performed as of this date. • Hart Engineering confirmed receipt of the payment from the Town of Mansfield and advised that Hart did issue payment to New England Piping for the HVAC work that they performed. • Brian Engstrom, Controller of New England Piping confirmed receipt of the payment issued by Hart Engineering and indicated the company is experiencing financial difficulties. • Mr. Engstrom acknowledged to the MBC Secretary that New England Piping is not up- to -date with payments owed to H -Mac Systems, Phoenix Sheet Metal and InControl, but was trying work out a solution through payment plans with their subcontractors. • Jim Liddick spoke with Attorney Robert Mangiaratti about this matter on August 16, 2005 to determine the Town's obligations regarding claims requesting payment. With respect to demands for direct payment received from InContol, Phoenix Sheet Metal, and H -Mac Systems, the MBC received a verbal response from Town Counsel Robert Mangiaratti that lower -tier or third party sub - subcontractors are not eligible to pursue payment thru the direct payment process. Town Counsel advised MBC that only Filed Sub - bidders are entitled to this privilege under Massachusetts State Laws, and confirmed that the Town of Mansfield is not obligated to set aside funds for third party contractors hired under Hart Engineering. Sub - subcontractors who submitted claims may only seek resolution for non - payment thru the firm with whom they hold a contract (i.e., New England Piping), or through Hart Engineering's bonding company. Ha "/A for Payment No. 15 MOTION to recommend payment to Hart Engineering/Application for Payment No. 15 in the amount of $296,319.66. RF /WM: 5 -0 Passes. Mediation Follow up — Recent mediation to resolve the rock and sprinkler claims was unsuccessful. Those who attended the mediation hearing indicated that both parties were fairly close to reaching an agreement at the end of the day, but had to stop due to time constraints. MBC members along with the DPW Director agreed that it would be in the Town's best interest to pursue negotiations directly with Hart Engineering at this point. The Committee established a reasonable dollar limit to begin further negotiations. Chairman Liddick will contact Jim Mulligan, President of Hart Engineering, this week to try to resolve the matter. Meeting adjourned at 10:00 PM. Respectfully submitted, Eleanor McCarter, Secretary Municipal Building Committee Richard J. Feel , Clerk' Dam