HomeMy WebLinkAboutMBC Minutes 5/31/2005Town of Mansfield
Municipal Building Committee
Meeting Minutes of May 31, 2005
Members Present: lames Liddick, Chairman; Richard Feeley, Clerk, Ken Gay, William
Moore and Eleanor McCarter, Secretary (8:00 PM)
David Young — Excused absence
Attendees: Robert Chapell, Woodard & Curran
Lee Azinheira, DPW Director & Acting Associate MBC Member
Meeting commenced at 8:45 PM.
WATER TREATMENT FACILITY PROJECT
Resident Engineer Services
Daily Field Reports — MBC received outstanding reports for February, March and April 2005.
Reports on file are now up -to -date.
Start Up Schedule — Bob Chapell reviewed the completion status of various project start up
activities. After hearing W &C's update regarding testing procedures, the MBC expressed
concerti about having a higher level of control over discharge to Town sewer.
Gas Solenoid Valve — MBC received a copy of a letter to W &C from AEI indicating that based
on input from the Fire Inspector, this item does not meet code and should not be installed.
Chairman Liddick requested that W &C obtain written confirmation from the Fire Dept.
regarding their input to AEL If another valve cannot be found that meets fire code requirements,
then the MBC would have no choice but to request the valve be deleted from the contract. At
that point, the MBC would expect Hart to provide a credit for the cost of the valve and all costs
associated with installation (i.e. electrical and plumbing) of the valve.
Woodard & Curran needs to generate a change order proposal to furnish and install radio
controls which would serve the function to make sure pumps shut off in the event of a power
failure.
Final Pavine — Site supervision to be provided by Woodard & Curran staff. Installation of a tack
coat is required.
COP #18 — Re: Revised request by Hart for extension of contract time (reduced from 45 to 30
days) due to weather delays. The MBC does not support a time extension due to weather
conditions, and would like to see Hart withdraw this Change Order Proposal. MBC requests a
copy of W &C's letter rejecting this item.
COP #19 — Re: Request by Hart for extension of contract time (52 days) due to shipment delays
beyond their control. MBC members indicated they would support an additional extension of
contract time due to the generator shipping delays.
COP #22 —Re: Miscellaneous electrical wiring/$12,325.66. AEI had agreed to oversee
installation of miscellaneous electrical items. MBC confirmed that W &C is keeping a record of
the work time slips and will provide copies to the MBC.
COP #24 — W &C indicated the MBC could anticipate a proposal to be submitted for additional
quantities of rock material excavated removed from site (1,800 CY) during installation of the gas
line and communication conduit.
Hart Engineering/Application for Payment No. 13 — W &C provided the MBC with a draft
"pencil" copy of Hart's requisition for their review.
Next Job Site Meeting - Scheduled Wednesday, June 8, 2005.
INVOICES
Hart Engineering —Water Treatment Facility Project
MOTION to recommend payment to Hart Engineering Application for Payment #12 in the
amount of $304,073.28 for construction services provided through April 26, 2005.
L. Azinheira/W. Moore; 5 -0 Passes.
Hart Enuineerina —Water Treatment Facility Project
MOTION to recommend approval of Change Order Number 6 for an additional contract
cost of $18,865.44. C.O. No. 6 includes COP #20 re: furnish and installation of 500 ft. chain
link fencing in the amount of $17,535.00, and COP #21 furnish and installation of a 4 -Foot
6,000 BTU fin tube radiant heat unit for a cost of $1,330.44. L. Azinheira/W. Moore; 5 -0
Passes,
BMF Form — Bob Chapell provided the Municipal Building Committee with copies of the BMF
forms. The original forms must be signed by the Town Manager in order to request SRF loan
reimbursement.
Woodard & Curran — Water Treatment Facility
MOTION to recommend payment to Woodard & Curran in the amount of $31,985.00 for
Construction Services through April 29, 2005. W. Moore/R. Feeley; 4 -1 -0 Passes. Ken Gay
opposed.
Attendee Lee Azinheira left the MBC meeting at this point.
Allegra Print & Imaging — Qualters Middle School
MOTION to recommend payment to Allegra Print & Imaging the amount of $299.52 for
copies of approved as -built drawings. W. Moore/R. Feeley: 4 -0 Passes.
Staples — MBC Office Supplies
MOTION to recommend payment in the anoint of $56,57 for misc. office needs; Print &
fax cartridges, 2 -hole punch, and labels. R. Feeley/W. Moore: 4 -0 Passes.
Staples — MBC Office Supplies
MOTION to recommend payment in the amount of $356.90 for mise. office needs; file
folders and 4- drawer file cabinet. R Feeley/W. Moore: 4 -0 Passes.
American Arbitrators Association — Water Treatment Facility Project
MOTION to recommend payment to the American Arbitrators Association for the
administrative fee associated with filing for mediation. R. Feeley/W. Moore: 4 -0 Passes.
Meeting adjourned at 10:30 PM.
Respectfully submitted,
Eleanor McCarter, Secretary
Ric and J. Feel y, Clerk Date
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Town of Mansfield
Municipal Building Committee
Meeting Minutes of May 31, 2005
Members Present: Jamq Liddick, Chairman; Richard Feeley, Clerk, Ken Gay, William
Moore and Eleanor McCarter, Secretary (8:00 PM)
David Young — Excused absence
Attendees: Robert Mangiaratti, Volterra, Mangiaratti, Goldberg and Jacobs
Robert Chapell, Woodard & Curran
Lee Azinheira, DPW Director & Acting Associate MBC Member
Meeting commenced at 7:30 PM.
WATER TREATMENT FACILITY PROJECT
MOTION: To enter into executive session at 7:45 PM to discuss pending litigation and
immediately return to general meeting discussion at the close of this session.
J. Liddick/R. Feeley; 5 -0 Passed.
Attendees: Robert Mangiaratti, Town Counsel - Volterra, Mangiaratti, Goldberg and Jacobs
Robert Chapell, Project Engineer - Woodard & Curran (W &C)
Lee Azinheira, Town of Mansfield DPW Director
MBC Members; Jim Liddick, Rich Feeley, Ken Gay, and William Moore and
Eleanor McCarter, Secretary (8:00 PM)
As of this date, Hart Engineering has filed two claims for additional payment against the Town:
Change Order Proposal No. 3 Re: excavation and removal of rock material in the amount of
$86,000, and Change Order Proposal No, 11 Re: installation of additional sprinkler devices for
an amount of $16,640.
Parties Involved:
Hart Engineering is currently represented by Attorney Thomas Frothingham of Daly Cavanaugh
LLP (27 Mica Lane Suite 101, Wellesley, MA 0248 1) in matters relating to both claims.
Based on a list provided by the American Arbitration Association (AAA), both the Town of
Mansfield and Hart Engineering have agreed to the select the same mediator. Attorney Jerrold
Olanoff of Corwin & Corwin LLP has been selected to be the mediator and is appointed to
handle this matter. Rich Feeley commented that he would prefer that the mediation proceedings
be held in Boston rather than Rhode Island where Hart Engineering is located. The firm of
Convin & Cortivin acknowledged to the Town of Mansfield iti writing that they are currently
representing another client in a legal action against the Town of Mansfield As the attorney
handling each case is not the same person, the MBC did not feel this would impact the mediation
proceedings.
Attorney Mangiaratti plans to represent the Town of Mansfield against these claims (versus other
staff members in his firm). Attorney Mangiaratti indicated to the Committee that both claims
would be combined during the upcoming mediation proceedings and result in one settlement
agreement. MBC members nvere not aware until this point that both claims would be combined
at the same mediation hearing.
Robert Chapell of Woodard & Curran (980 Washington St. Suite 325, Dedham, MA 02026) is
the Town's Project Engineer assigned to oversee construction of the Water Treatment Facility
Project.
MBC reviewed the following background information regarding Hart's claim for additional
compensation to remove rock material.
Event Timeline - COPNo. 31Excavation and Disposal of Rock Material
November 3, 2004: Hart Engineering submitted correspondence to W &C to serve as official
notice of a claim in the amount of $86,000 ($100 per cubic yard) for additional quantities of rock
excavation and removal.
November 8, 2004 — Initial letter from W &C was sent to Hart Engineering rejecting the claim for
additional compensation, due to lack of documentation.
December 2, 2004 — Letter sent by Hart Engineering to W &C (in response to Nov. 8 °i letter)
along with photo documentation and a delivery receipt for earth material from G. Lopes
Construction.
December 30, 2004 — Letter sent from W &C to Hart Engineering responding to statements made
in Hart's December 2, 2004 letter.
Specification Section 02200, paragraph 3.01 E. Rock Excavation specifically states that
rock is defined as the "...Removal and disposal of materials that cannot be excavated
without drilling and blasting, or requiring use of special equipment, except such materials
that are classified as earth excavation...." Based on the photo documentation offered by
Hart as back up, the material in question does not meet the definition of rock excavation
as specified in the Contract Documents. There nvas no drilling or blasting or use of
special equipment required to excavate this material.
Specification Section 02200 Paragraph 3.01 B. - Classifications specifically states "Do not
perform rock excavations until material to be excavated has been classified by the Engineer"
Based on input from Bob Chapell, Hart Engineering never contacted Woodard & Curran to
measure, cross - section, or classify any of the alleged rock material prior to excavation.
Measurement of alleged rock was not taken until after it was removed from the ground
Letter from Steve Goldstein from G. Lopes Construction to C.B. Utility (dated Oct. 12, 2004)
does not provide sufficient documentation to quantify the amount, classification, or material that
was removed from the project site.
January 7, 2005 — Letter sent to Woodard & Curran from Hart Engineering objecting to the
Project Engineer's interpretation of facts on this matter and the rejection of the claim. Hart
expressed their intent to file for mediation.
February 22, 2005 — Letter from W &C to AMC Chairman James Liddick supporting the
Engineer's rejection of the claim.
February 25, 2005 — Similar letter to 2/22/05 sent by W &C to MBC Chairman James Liddick
reiterating the Engineer's position on the rejection of the claim, added "the equipment used to
excavate the rock material in question was not considered special equipment'. Rock Excavation
as defined in the specifications is that which cannot be excavated without drilling, blasting or
requiring use of "special" equipment, except materials that are classified as earth excavation... ".
March 16, 2005 — Mediation was filed by Hart Engineering
March 24, 2005 — MBC responded to a Request for Documents associated with the claim from
Attorney Mangiaratti.
Summary: Bob Mangiaratti expressed his opinion that based on the Town's contract agreement
with Hart for the Water Treatment Facility Project, the Town is in a good position to reject the
rock claim.
MBC reviewed the following background information regarding Hart's claim for additional
compensation to install additional sprinkler devices in the attic area of the new Water Treatment
Facility in Mansfield.
Event Timeline - COPNo. 11 Additional Sprinkler Devices
November 1, 2004: Woodard & Curran received shop drawings from Hart Engineering for a Fire
Protection System to be installed in the new building. The shop drawings included hydraulic
calculations and fire protection drawings that complied with NFPA No. 13.
November 12, 2004: Letter was sent by Bristol Fire Protection, Inc. (subcontractor to Hart
Engineering) to Hart Engineering proposing additional compensation in the amount of $16,640
for an additional scope of work necessary to meet code requirements.
November 15, 2004: Change Order Proposal from Hart Engineering to W &C to furnish and
install additional sprinkler devices in the attic area, including General Contractor's 5% mark -up
on Subcontractor for a total cost of $17,472.00.
November 29, 2004: Letter to Hart Engineering from W &C rejecting COP No. 11.
The roof pitch of the building was indicated on the Bid Documents. Accordingly, the cost of
providing the correct number of attic sprinklers for the roof should have been included in the
original bid.
Section 15201, Paragraph 1.02 A. 2. clearly states that... "Preparation of complete and
detailed design working drawings in accordance with NFPA No 13 "... is part of the work
of the fire protection subcontractor.
Section 15301, Paragraph 1.07 c. clearly states that.... "Fire protection drawings are
diagrammatic only. Under this paragraph Hart is responsible for providing the final
design of a fire protection system that complier with NFPA No. 13.
December 21, 2004: Letter to Hart Engineering from Bristol Fire Protection in response to
recent rejection of their proposed change order.
December 22, 2004: Letter from Hart Engineering to W &C to serve as written notice of a claim
seeking additional compensation in the amount of $16,640 to furnish and install additional
sprinkler devices required to meet fire code.
January 7, 2005: To MBC from Thomas Frothingliam, Daly Cavanaugh LLP Re: copy of
additional filing in AAA Mediation.
March 14, 2005: Letters to W &C and MBC from David Daly of Daly Cavanaugh LLP Re:
Hart's objection to Project Engineer's decision in this matter, request for written explanation and
intention to seek mediation.
May 9, 2005: Letter from Bristol Fire Projection to Hart Engineering re: cost breakdown for
material and labor to install additional fire alarm devices.
Summary - MBC Member Richard Feeley questioned Hart Engineering at a previous job site
meeting as to whether Bristol Fire Protection would be interested in trying to negotiate a more
fair cost to install the additional devices proposed rather than pursue mediation. Bristol Fire
Protection responded in a letter to the MBC indicating that they would be receptive to meeting
with the Town at the project trailer during working hours to resolve the issue. Town Counsel
advised that since a claim had already been filed, the MBC should not to attempt to resolve this
Hunter on their own.
Town Counsel requested access and a building tour of the new Water Treatment Facility to help
him further assess the situation. Lee Azinheira agreed to coordinate this.
Mediation Hearine — Town Counsel's preference is to have only a limited number of people
attend the mediation hearing. Attorney Mangiaratti recommended MBC Chairman Jim Liddick
and Project Engineer Bob Chapell and Town Manager John D'Agostino attend the mediation
proceedings with him. Member Richard Feeley, who has been very involved with overseeing
day -to -day project activity to this point, will also attend the hearing.
The American Arbitration Association is coordinating dates to hold a pre - mediation conference
call sometime during the week of May 30 °i or June 6`'. The most convenient time for MBC and
Town Counsel to be available is Wednesday, June 8 °i in the afternoon. MBC Office replied via
e -mail to the AAA and is waiting for confirmation.
Town Counsel instructed the MBC to process a fee payment in the amount of $325.00 to the
American Arbitration Association, which is required in order to participate in the mediation
hearing. Since the Mansfield Water Department is an enterprise account, any legal costs
incurred as a result of claims associated with this project will be charged to the Water Dept.
Conclusion Strateev:
Based on the documentation on file and input obtained from MBC members, a reasonable dollar
value of $20,000 was established to settle both claims.
MOTION to authorize MBC Chairman James Liddick to negotiate a Settlement
Agreement for a not to exceed dollar amount of $20,000 on behalf of the Town of Mansfield
in order to close pending Change Order Proposal No. 3 Re: excavation and removal of rock
material in the amount of $86,000, and Change Order Proposal No. It Re: installation of
additional sprinkler devices for an amount of $16,640.
R. Feeley/K. Gay: 5 -0. Passed.
MOTION: To end executive session and immediately return to general MBC Meeting
discussion. W. Moore/K. Gay: Passed 5 -0.
Respectfully submitted,
Eleanor McCarter, MBC Secretary
Richard Jr . Feeley, Olerk Date