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S 1775 h � <br />r �iZ dam <br />3 <br />N1 <br />TOWN OF LEXINGTON, MASSACHUSETTS <br />PERMANENT BUILDING COMMITTEE <br />Executive Session Minutes of Tuesday February 10 2004 meeting at the Lexington High School <br />Trailer. <br />Following unanimous roll call vote by attending members of the PBC Peter Johnson, Richard <br />Sperandio, Dick Perry, Bruce Creager, Philip Poinellli and Jon Himmel the Executive Session <br />was opened at 8:06 p.m. The session was also attended by the Owner's Representative, Bill <br />Kealy, Project Manager, Carl Oldenburg, Project Coordinator, and Gary Kaczmarek, Clerk of the <br />Works. <br />Subject of this session was Alexandra's (GC) offer to settle out of court on Cary Memorial <br />Library delay claims. <br />B. Kealy asked the PBC to consider accepting Greg Clark's offer of settling costs incurred by <br />Alexandra (GC) during the extended additional 12 month period of construction by making a <br />$150,000.00 payment to the GC in the form of a Balancing Change Order that would avoid <br />probable future litigation with the GC. <br />Kealy mentioned that he has spoken to the Town's attorneys, Town Manager and one of the <br />Lexington Selectman, all who believe that this would prove to be the best legal course for the <br />Town. <br />Kealy added that he has asked Stephen Hale to talk to his insurance company to determine if they <br />would be willing to avoid litigation and negotiate a settlement that would partially offset the <br />payment to the GC by the Town. <br />The consensus of the PBC was that as long as there is a clause in the agreement with Alexandra <br />that there would be no potential claims from them, their subs, suppliers, etc., they recommend <br />proceeding with this plan of action. <br />The PBC stated that if S. Hate's insurance company refused to cooperate, the Town should go <br />forward with a suit against his company. <br />They also advised that the project staff and Library Director, Carol Mahoney, do not participate <br />in a sales promotion video, being filmed by Alexandra, documenting the Library construction. <br />At 8:33 p.m. P. Poinelli made a motion to adjourn the Executive Session without returning to the <br />regular session meeting. P. Johnson seconded the motion and all were in favor to end the meeting. <br />Respectfully submitted, <br />Cara Shapiro <br />Secretary <br />