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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 +'r _ ` _ iJ .. 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