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HomeMy WebLinkAboutMBC 10/30/2000�� C©DSC 13 Ptd `1:53 1'1 `et s �;e'sent: Attendees: TOWN OF MANSFIELD DO Municipal Building Committee Meeting Minutes of October 30, 2000 Richard Feeley, Chairman, David Young, Clerk, Kenneth Gay, William Moore and Eleanor McCarter, Secretary James Liddick - Absent Robert Mangiaratti and Max Volterra, Volterra, Goldberg, Mangiaratti and Jacobs Steve Chmura and Bob Vogel, Keyes Associates Aileen Ekmekjian, DPIC Companies Meeting commenced at 7:15 PM. JORDAN/JACKSON ELEMENTARY SCHOOL Roof Litigation — Ongoing lawsuit was originally filed in November, 1997 against R.W. Granger & Sons, Titan Roofing and Alcan Aluminum Corporation due to failure of the newly installed roof. Richard Feeley asked Max Volterra to provide a status update. Bob Mangiaratti reported that their firm is pursuing a "Limited Express Warranty" claim against manufacturer in the amount of $1.4 million. David Young commented that the $1.4 million amount is an old cost value and the roof value in today's market would be much higher. Mr. Mangiaratti responded that should any amount of settlement be awarded to the Town, it would be based on life expectancy remaining of the roof. Gale Associates could provide a more realistic cost estimate. Discovery - Max Volterra advised the MBC that he had suspended the Discovery period during the roof testing (Fall, 1999). Due to failed roof testing results, Mr. Volterra stated that he is requesting that Discovery be re -opened. Mr. Volterra also noted that legal counsel for Titan Roofing asked to be removed from the case two months ago and has officially been dismissed from this case. Mr. Volterra is still waiting to receive Discovery documentation from them. Discovery period ends December 1, 2000. • Roof Comparison - MBC previously requested Mr. Volterra investigate location and status of the same roof installed by Titan immediately before the Jordan Jackson installation and the roof installed directly afterward. Mr. Volterra did not have information available. David Young again asked that this information be identified and provided. • Documentation — MBC Secretary noted that the MBC Office has limited documentation on file regarding the roof issue at Jordan/Jackson. Max Volterra was asked to forward a copy of the original claim to the MBC Office. Mr. Volterra confirmed he still has all original MBC files related to the Jordan/Jackson Roof that were transmitted to him in Fall, 1998 and that some of these files could be returned to the Town. Current Condition of Roof — MBC reiterated that the condition of the roof continues to deteriorate. Rusting throughout the roof is significant. Due to the lengthy legal process, members asked legal counsel for advice on whether to proceed with any interim solutions. Bob Mangiaratti stated that the Town should proceed with roof repairs and/or replacement to protect the interior building from future damage caused by the current roof. Mr. Mangiaratti was asked to forward a letter to the MBC with this recommendation and also verify that any such roof repairs and/or replacement would not jeopardize the Town's position of the pending litigation. David Young noted that some leaks have already occurred. • Court Date — Max Volterra suggested that there is no need to fast track case for court date since they are waiting for Discovery to be turned over. Bob Mangiaratti advised Mr. Volterra to obtain a court date by December. QUALTERS MIDDLE SCHOOL — 7:30PM Window Conflict: Previous status: School Department maintains position that all windows should be made operable per contract. During the last meeting with Bob Vogel (Sept. 12, 2000), Keyes was unable to provide an accurate count of windows having conflicts. Due to the significant financial impact anticipated to correct 100% of inoperable windows, MBC had proposed, that Keyes correct only lower tier windows having conflict with walls or partitions and fix in place upper tier. The count per Cheviot Corp. includes approximately 140 windows having an estimated cost of $60K -$70K to correct. • Window List — MBC received a window listing on October 10, 2000 prepared by Steve Chmura of Keyes Associates. Addition error omitted two windows that need to be fixed in the office. Actual total number of windows per Keyes' list shows 272 windows having conflicts with walls or partitions. Bob Vogel commented that he met with Keyes' senior staff members and Insurance Agent to discuss the window issue and that Keyes needs to follow a formal procedure before making any financial commitments regarding this issue. Mr. Vogel introduced Aileen Ekmekjian of DPIC Insurance. Role of DPIC —Ms Ekmekjian stated that her role at DPIC is to represent Keyes Associates with regard to the window claim issued by the Town. Ms. Ekmekjian referred to a letter (dated October 23, 2000) from the MBC as being an official claim, and explained how the claim would be handled. David Young asked whether DPIC represented any other parties (i.e. Cheviot Corp., Mannix, or ITC). Ms. Ekmekjian responded she represents only Keyes Associates. • Insurance Company Procedures - Eileen Ekmekjian commented that her office would proceed with a formal process to investigate any breech in Keyes'standard of care, evaluate damages, and, if any are found to specify damages. Ms. Ekmekjian to send FAX to MBC outlining DC1P Company procedures. • Ownership of Error —Richard Feeley questioned why Keyes Associates was taking the lead role to assume financial responsibility for the window error. Richard Feeley asked Bob Vogel if Keyes was solely at fault for installation of inoperable windows. MBC questioned why Keyes' has not pursued Cheviot Corporation (window installer), Mannix (window manufacturer) and J.T. Callahan (Contractor) to accept partial ownership of inoperable window installation. Mr. Vogel did not provide direct response to these questions. Mediation — Ms. Ekmekjian suggested that the MBC should consider moving to mediation to reach an agreement. Richard Feeley stated that the Committee had hoped to reach an equitable resolution to the inoperable window installation at Qualters Middle School. If Keyes Associates is not willing to accept responsibility to correct at least half of the windows, the MBC would be forced to engage legal counsel and sue for 100% operable windows as well as other damages caused by Keyes Associates at not only QMS but MHS and Robinson Elementary School as well. Keyes Response - Bob Vogel agreed to provide written response to the letter from MBC dated October 23, 2000. Response is expected by November 1, 2000. General Project Update: Expansion Joint —Steve Chmura reported that the new material was delivered on Friday, but is not yet installed. Door/Hardware — Per contract, Alan Matthews still owes Town a walk-through to review status of door/hardware installation. Steve Chmura noted some extra door kick plates found on site. Close out Documents — Steve Chmura to review with Walter Parker on Thursday, November 2, 2000. Roof Warranty - Warranty has been received from manufacturer Windows — Warranty for windows has been received. Seven Day Notice — Seven day notice has not yet been issued. TCI needs to return to site to perform final inspection of punch list work. Upon receipt, Keyes will issue 7 -day notice for walk through inspection. Punch List — Chairman questioned status of completed work. Steve Chmura is waiting for information from JTC. MBC asked Keyes to send letter to JTC requesting punch lists indicating work completed and signed off by each subcontractor. Punch List Values — Steve Chmura commented on value of incomplete work; Paving and line work - $60K Plumbing - $18K (less $3K released) Electrical -approximately $32K Mechanical value — $31K (less 6K) HVAC $31K (less 6K) Architectural — $93K (less 34K) Remaining value of monies held by MBC - $226K MBC preference is to have work completed vs. accepting values designated. Project Close Out - Chairman questioned Keyes' plan to close out project. Steve Chmura reported that a Fire Alarm Issue, ductwork at Kiln and inoperable AC units must be addressed prior to close out. Egress to Courtyard- Issue re: signage to use courtyard from 2nd floor stairwell needs to be addressed. Steve Chmura to ask Walter Parker to remove sign at vestibule Rm. 150. Keyes needs to revise Egress Plan. MBC suggested that one set of doors to courtyard remain permanently unlocked to avoid someone getting trapped in courtyard. INVOICES W.B. Mason - MBC Office Supplies -$18.72 MOTION to recommend payment to W.B. Mason for the purchase of 2 computer print cartridges. WM/JL Passes: 5-0. MINUTES — Review/Approval MBC Meeting Minutes October 3, 2000 — William Moore and David Young - Excused Absence MBC Meeting Minutes September 19, 2000 MBC Meeting Minutes September 12, 2000 MBC Meeting Minutes September 5, 2000 MBC Meeting Minutes August 22, 2000 - Ken Gay Absent MBC Meeting Minutes May 23, 2000 — William Moore Absent - MBC Meeting Minutes August 29, 2000 MOTION to approve MBC meeting minutes as reviewed. WM/DY: Passes 5-0. Meeting adjourned at 9:30 PM. Respectfully submitted, Eleanor McCarter, Secretary David Young, Cle Date J Z- / Z -OG