2012-12-13-PBC-min - Laserfiche WebLink

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Lexington Permanent Building Committee 13 December 2012 4.0 Bridge & Bowman Renovation Projects 4.38 Contract review 9/13/12 General discussion with Town Counsel on rights and remedies in TLT contract. Counsel reviewed all the letters and notices sent to TLT and did not have concern over the type and time of notice as it was given to TLT. However DPF did note that a copy of the letters did go to TLT in certified mail. Discussion on claim to TLT for owner costs to perform numerous tasks that were required for school use of both Phase 2 and Phase 1 . Letters outlining these claims or costs have been sent to TLT and to Counsel. PBC was notified of the issues and work performed. Expenses categorized as take over of work, clean up and corrections. Discussion on assessment of Liquidated Damages per spec requirements at $2,500 per day. Letters sent to TLT and to counsel, PBC advised. Claims are submitted as a CCD and Kevin is comfortable with this method. TLT has been advised that the town requires a full project schedule, a recovery schedule, certified payrolls in place and a release of liens from subs on payments made Counsel defined contract options with TLT are as follows: 1. Continue with TLT 2. Terminate for convenience 3. Terminate for Cause 4. Negotiate with Surety on take over or management oversight. However discussion suggested that these decisions should be tabled. Primary importance right now is meeting 10/15 deadline for heat. 4.41 Schedule and Contract 11-8-12 Discussion on moving forward with project raised past discussions on contract option discussions with Town Counsel. Parties concerned over moving forward with confidence. PBC asked for discussion with Daedalus Projects for evaluation of project schedule and Options on carrying forward with TLT. Two tasks requested. 1. Explore options on contract completion and how each path (termination for cause, termination for convenience, contact bonding company, etc.) would effect project completion, path, schedule, costs, and overall impact to project. 2. Examine project schedule (Construction & recovery) from TLT and evaluate the soundness / logic of the schedule, cash flow, and other aspects to be sure what is proposed is sound. Motion to empower Facilities to request proposal, up to $20,000 and to engage Daedalus to perform an evaluation of the proposed project schedule , cash flow, and contract options with TLT for the Bridge & Bowman Project. Motion : Jon 2: Eric Vote: 8-0 nd 4.42 Budget Transfers 11-8-12 Facilities presented budget transfers necessary to maintain balance individual budget categories within main budget and one transfer from budget to cover expenses incurred outside of project budget, as outlined on budget summary sheet presented to PBC and outlined below. Transfer $80,501.98 from 52141 claims line to school budget line for teacher OT Payroll Transfer $585,000 from 58220-Contingency to 58202 $100,000, 58204 $25,000, 58209 $30,000, 58210 $180,000, 58212 $100,00 and 58219 $150,000 Motion to approve budget transfers as presented on budget summary table refelecting $585,000 transfers within budget and $80,501.98 out of budget. Motion: Jon 2: Gary Vote:8-0 nd 4.43 Discussion with Daedalus on GC Contract 12/13/12 Bob White from Daedalus projects led a discussion on the processes and impact of termination of a construction contract. Termination for cause: Can be a very difficult process. Town counsel will need time to review all of the materials and facts before giving advice on whether or not to proceed. Most likely avenue would be failure to administer or to provide skilled labor or materials. Legal brought in same GC for completion. Bonding company could take 3-6 months to evaluate. Summer 2013 work likely canceled. Page 2 of 6