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Home My WebLink About2012-12-13-PBC-min Lexington Permanent Building Committee 13 December 2012 PBC Meeting Minutes Meeting Date & Time: December 13, 2012 7:00 PM Location: 201 Bedford Street Attendees: Guests: Carl Oldenburg Peter Johnson Bob White, Daedalus Projects Eric Brown Dick Perry Bill Gallagher, Daedalus Projects Philip Coleman Jen Vogelzang Mary Ann Stewart, School Committee Mary Anton, Principal Index 1.0 General Business 4.0 Bridge & Bowman Elementary Schools Renovation 7.0 Estabrook Elementary School 1.0 GENERAL BUSINESS 1.1 Minutes 12/13/12 Motion to approve the PBC meeting minutes September 27, 2012 Motion: Phil 2: Dick Vote: Unanimous nd Motion to approve the PBC meeting minutes October 11, 2012 Motion: Phil 2: Dick Vote: Unanimous nd Motion to approve the PBC meeting minutes November 8, 2012 Motion: Eric 2: Carl Vote: Unanimous nd 1.2 Monthly Bills ЊЊΉБΉЊЋ aƚƷźƚƓ Ʒƚ ğƦƦƩƚǝĻ ƒƚƓƷŷƌǤ źƓǝƚźĭĻƭ źƓ ƷŷĻ ğƒƚǒƓƷ ƚŅ υААЉͲЊЊЋ͵ЏВ aƚƷźƚƓʹ WƚƓ Ћʹ 9Ʃźĭ ƚƷĻʹ ǒƓğƓźƒƚǒƭ Ɠķ 12/13/12 Motion to approve monthly invoices for November, dated 12-13-12, as presented in the amount of $1,764,528.67. Motion Phil 2nd Dick Vote 5-0-0 1.3 Meeting Minute Format (Item Relocated from 2.24 to general business) CƚƩ ƷŷĻ ƦǒƩƦƚƭĻƭ ƚŅ ƩĻķǒĭźƓŭ ƚƓŭƚźƓŭ ƦƩźƓƷĻķ ƷĻǣƷ ƦƩĻǝźƚǒƭ ĻƓƷƩźĻƭ ǒƓķĻƩ Ʒŷźƭ ŷĻğķźƓŭ ƒğǤ ŷğǝĻ ĬĻĻƓ ƩĻƒƚǝĻķ ŅƩƚƒ ĭǒƩƩĻƓƷ ƒĻĻƷźƓŭ ƒźƓǒƷĻƭ͵ tƌĻğƭĻ ƩĻŅĻƩ Ʒƚ ƦƩĻǝźƚǒƭ ĻķźƷźƚƓƭ ƚŅ ƷŷĻ ƒźƓǒƷĻƭ ŅƚƩ ƚƌķĻƩ źƓƭĻƩƷźƚƓƭ͵ ağƩƉ .ğƩƩĻƷƷ źƭ ǞğźƷźƓŭ ŅƚƩ ƦƩƚƦƚƭğƌ ŅƩƚƒ t{{͵ ЎΉЊЉΉЊЊ 5tC ƩĻƦƚƩƷĻķ ğ ƨǒƚƷĻ ƩĻĭĻźǝĻķ ŅƚƩ ƷƩğźƓźƓŭ ƚƓ ƦƩƚƌƚŭͲ ĬǒƷ ĭƚǒƌķ ƚƓƌǤ ŅźƓķ ƚǒƷ ƚŅ ƭƷğƷĻ ǝĻƓķƚƩƭ ğƦƦƩƚǝĻķ ĬǤ ƷŷĻ ƭƚŅƷǞğƩĻ ĭƚƒƦğƓǤ͵ t./ ƒĻƒĬĻƩ ƭǒŭŭĻƭƷĻķ ŷĻ ƉƓĻǞ ƚŅ ğ ƌƚĭğƌ ŅźƩƒ ǞĻ ĭƚǒƌķ ŭĻƷ ƷƩğźƓźƓŭ ŅƩƚƒ ƷŷğƷ Ǟƚǒƌķ ĬĻ ƒƚƩĻ ĭƚƭƷ ĻŅŅĻĭƷźǝĻ͵ ЊЉΉЊЌΉЊЊ 5tC ƩĻƦƚƩƷĻķ ƷŷğƷ źƷ Ǟƚǒƌķ ğƦƦĻğƩ ƷŷğƷ ǞĻ Ǟƚǒƌķ ĬĻ ğĬƌĻ Ʒƚ ƭĻƷǒƦ ƷƩğźƓźƓŭ ǞźƷŷźƓ ƷŷĻ ƓĻǣƷ ŅĻǞ ǞĻĻƉƭ͵ 12/1/11 DPF again reported that it was hoping to set up the training within the next couple weeks. Page 1 of 6 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 Lexington Permanent Building Committee 13 December 2012 Termination for convenience: Project would be audited and the town would buy out oh&p from GC. Daedalus estimates approx. $700,000 payment to GC plus cost to re-engineer project and re-bid. There would likely be a premium added by the new GC. Summer 2013 work likely canceled. Overall added costs could easily exceed $1 to 1.5 million. Continuation of Contract with GC: Bob talked with GC and met with the Owners, they want to turn project around. Best advice from Daedalus is work with GC and find a way to make the project better. Brief discussion on expansion of Daedalus services. Daedalus is already on board to review new schedule when it comes out from TLT, and provider feedback on schedule and viability. 4.44 Custom Computer Specialists 12/13/12 Facilities requested approval of a purchase order for school IT to purchase network switches required for the phase 2 renovation that are required due to the renovation. Motion: To approve Purchase Order for $12,202.88 to Custom Computer Specialists for Phase 2 Network switches not included in Bridge & Bowman Construction Contract. Motion Eric 2nd Phil Vote Unanimous 4.45 TLT Skylight Install in lieu of RTU relocation DPC recommends acceptance of a proposal by TLT to install two new skylights at each school to make up for lost daylight when RTU 2 was placed partially blocking a window, at each school. Motion: To accept the proposal by TLT construction to install 2 skylights in the main hallway at each school, instead of relocating RTU-2 . This proposal also recommended by the Architect of Record, subject to design review with the owner. Motion Phil 2nd Dick Vote unanimous 4.46 Conduit vs. Wire mold credit DPF reports that DPC advised that conduit was installed in lieu of wiremold at the phase 1 area of each school. The electrical contractor proposed a credit of $12,924.00 to accept the conduit at both phase 1 and 2. The school Principal and the PBC were not in favor of this and would rather have the specified wiremold installed. 4.47 Light Fixture Acceptance DPF reports that the architect had recommended acceptance of the light fixture manufacturers modifications to the existing lights that resolved the issues for which the town and architect were concerned and extended the warranty on th fixture as well. Motion: To accept manufacturers light fixture remedy and extended warranty as recommended by the Architect of Record for both schools Motion Eric 2nd Phil Vote: unanimous 4.48 Change Order 10 & 11 Motion to approve Change Orders No. 10 ($39,532.70) and #11 ($31,404.39) to the TLT Construction Contract as recommended by the Architect of Record. Motion Eric 2nd Dick Vote: unanimous 4.49 TLT Payment Request for October and November Motion to approve TLT Construction Payment request for October and November for $696,526.38 and $179,133.61 respectively. Motion Phil 2nd Carl Vote: unanimous Page 3 of 6 Lexington Permanent Building Committee 13 December 2012 7.0 Estabrook Elementary 7.60 Project Update & Discussions of 10/11/12 Project Budget Status March $31,150,670 July $31,150,670 (after 1.3 million in VE) Sept. $33,825,201 (60% CD) These figures represent a $2,674,531 delta to the original budget. 110 % Bid Docs expected 11/28/12 Bids Due 12/20/12 CMP expected 12/31/12 VE Table of items, dated 10/11/12 was reviewed. It was discussed that items on the VE list may require determination if they are educational related and therefore the school committee should act or if they are an item of PBC direction. The PBC may vote to adopt VE items from this list and that there may be items that require the School Committee to act upon as soon as they are prepared to do so. Items #1-7 were identified as previously accepted by PBC. Motion by PBC that these items #1-7 of the 10/11/12 VE table be incorporated into the project documents with an expected savings of $652,400. Motion: Phil 2: Peter Vote: 6-0-0 nd Items #8-19 of the VE list were discussed at length with all persons present. There was discussion of an alternate being considered for item#8 the 2 pipe vs. 4 pipe hvac system. Motion by PBC that items #8-19 excluding #15 be approved by the PBC. Motion: Phil 2: Chuck Vote: 6-0-0 nd Items #20-21 no action by PBC Dr. Ash not in favor of item 20 and potentially 21, which were reductions in speech reinforcement technology. Items #22-24 PBC did not want to take Item #25-35 Motion by PBC to accept items #25-35 on the VE table dated 10/11/12. Motion: Chuck 2: Carl Vote: 6-0-0 nd Items 36-45 PBC no Action Items 46-47 PBC to defer Items 48-52 PBC no action General discussion items School Committee meeting on Saturday to review these issues as well. Several PBC members expressed concern for returning project to budget as previously approved by voters. Some discussion from persons present regarding making an additional request of voters for additional funding. Discussion regarding fall special town meeting. School Committee to discuss at their next meeting. PBC members discussed not wanting to participate in a request or presentation at Town meeting for further funding. Collaborative partners and Shawmut discussed rising construction costs as cause for increased pricing, further explaining that there are 12 MSBA school projects scheduled to bid between Jan. and Feb. Of 2013 and that our project if delayed for bidding, came after those projects already bid, then our bid costs could go up even further. Reduction of contingency for budget shortfall was discussed. Collaborative partners stated that the MSBA needs to approve reductions in contingency. If funds are not available then Town cannot sign GMP, If GMP is established on Jan. 1 2013, MSBA regs state town has 120 days to have funding in place. If an interim GMP was established this would need MSBA support. PBC requested information on potential savings to service elevator changes to lift or alternate. Dinisco to evaluate and forward info to facilities. Summary of VE items that PBC was in favor of resulted in a remaining delta to budget of $995,000 if hvac is 2 pipe or $1,250,000 if hvac stays 4 pipe. Page 4 of 6 Lexington Permanent Building Committee 13 December 2012 7.61 Geotechnical work Motion to approve reimbursable expense 13 to DiNisco Design for $11,099 NTE to MGA for Geotechnical engineering consultant. Motion: Chuck 2: Dick Vote: unanimous nd 7.62 Supplemental Funding 11-8-12 Collaborative partners reviewed a supplemental funding table which has been previously supported by the BOS and School Committee. The table (record copy in PBC file) outlined the $2,593,000 ($2.6 MM) request for supplemental funding for the project Motion to approve supplemental funding request as recommended. Motion: Eric 2: Chuck Vote-5-2-0 nd 7.63 Builders Risk 11-8-12 Collaborative partners (CP) has a quote in process and anticipate cost under $50,000. Town has a quaote from our insuranve vendor but TMO office feels policy should come from builder not town. Motion to approve expenditure not to exceed $50,000 for Builders Risk Policy Motion: Jon 2: Eric Vote:7-0 nd 7.64 Mini GMP#4 for Site work 11/8/12 CP presented mini GMP#4 for sitework in the amount of $185,054 Motion to approve Mini GMP#4 for $185,054 for Estabrook School Project. Motion: Jon 2: Eric Vote:7-0 nd 7.65 Change Order Approval 11/8/12 Discussion on Change order approval process and desire to have approval in place for Facilities similar to Bridge & Bowman Project. PBC communicated that the process already approved (The Director of Facilities is authorized to approve up to $50,000 in change order work between PBC meetings when necessary to benefit schedule of project.) extends to the Estabrook Project. 7.66 Change Order Detail 11/8/12 PBC raised a question regarding the percentage mark ups to change orders (10% / 5%) and what happens on negative change orders ? CP to discuss at next meeting. 7.67 Masonry Mock-up 11/8/12 Masonry mock up to be established in field for review. PBC requested related exterior materials samples to be present as well. 7.68 Reimbursable 11/8/12 DDP Reimbursable table was reviewed and a proposed amendment discussed to reflect a revised reimbursables total of $201,875.00. Motion to approve updated DDP reimbursable to the amount of $208,875.00 Consistent with amendment #3. Motion: Eric 2: Jon Vote: 7-0 nd 7.69 Sarnafil and EPDM 11/8/12 Discussion regarding the base bid package and alternate option for EPDM roofing (white) and PVC roofing. Some confusion over which materials should be under the base bid and which the alternate. DDP states they were never in a position to change the PVC details on their plans to epdm as they were complete long before election of epdm alternate. The dwgs contain pvc detailing with an alternate to change the material to epdm (white). Page 5 of 6 Lexington Permanent Building Committee 13 December 2012 7.70 Flooring 11/8/12 Discussion on variances in the overall system depth of the various manufacturers for the Stage and gym flooring products as specified. Final discussion was to base the sub floor elevation on the deepest system requirement and incorporate transition strips if / where needed to accommodate final variance based on final flooring choice. 7.71 Construction Camera 12/13/12 DPF advised that a proposal had been developed ($9,697) to install maintain and monitor a video camera that would record and monitor the construction project from a single point of view. The proposal was not accepted. 7.72 Web based electronic management of submittals 12/13/12 A proposal had been submitted by DDP for web based management of project submittals in the amount of $13,634.50. This issue was discussed and the PBC felt that more information would be needed as this should be part of basic services. 7.72 Shawmut Payment Request 12/13/12 Motion to approve Shawmut Monthly Requisition #5 in the amount of $583,482.00 Motion 2nd Vote 7.73 DiNisco Design Partnership Reimbursable expense #18 for acoustical survey 12/13/12 DPF had requested a sound study so that we would have information to use for our planning purposes and not have to wait 18 months to get data, since the two projects are very similar. at Howe Manning school to anticipate performance at Estabrook. Motion 2nd Vote 7.74 General Update on Project 12/13/12 Filed Sub Bids to come in 12/19/12 GMP due 12/31/12 Target +/-$32,250,000 PBC Mtg for approval on 1/3/13 PBC needs date for when site visit to look at samples w/ other materials to be on site as well. Meeting Adjourned Motion to Adjourn 12/13/12 8:45 PM Motion: Dick 2: Phil Vote: unanimous nd Page 6 of 6