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HomeMy WebLinkAbout2013-02-14-PBC-min Lexington Permanent Building Committee 2-14-13 PBC Meeting Minutes Meeting Date & Time: February 14, 2013 7:00 PM Location: 201 Bedford Street Attendees: Guests: Jon Himmel Eric Brown Design Partnership of Cambridge Dick Perry Carl Oldenburg DiNisco design Partnership Joe McWeeney Collaborative Partners Jen Vogelzang Gary Lerner 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 November 8, 2012 Motion: Eric 2: Carl Vote: Unanimous nd 1/10/13 Motion to Approve Meeting minutes for 13 December, 2012 and January 3, 2013 Motion: Eric 2: Dick Vote: Unanimous nd 1.2 Monthly Bills 1/10/13 Motion to approve monthly invoices for December 2012 in the amount of $1,256,684.06 Motion Eric 2nd Dick Vote 6-0-0 2/14/13 Motion to approve monthly invoices for February 2013 in the amount of $1,971,104.92 Motion Eric 2nd Dick Vote 6-0-0 1.3 Meeting Minute Format (Item Relocated from 2.24 to general business) For the purposes of reducing ongoing printed text previous entries under this heading may have been removed from current meeting minutes. Please refer to previous editions of the minutes for older insertions. Mark Barrett is waiting for proposal from PSS. 5/10/11 DPF reported a quote received for training on prolog, but could only find out of state vendors approved by the software company. PBC member suggested he knew of a local firm we could get training from that would be more cost effective. 10/13/11 DPF reported that it would appear that we would be able to setup training within the next few weeks. 12/1/11 DPF again reported that it was hoping to set up the training within the next couple weeks. Page 1 of 5 Lexington Permanent Building Committee 2-14-13 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 4.43 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. 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 provide feedback on schedule and viability. Any expansion of Daedalus Services can be addressed after schedule review. 2/14/13 Page 2 of 5 Lexington Permanent Building Committee 2-14-13 services. Bob White plans to remain engaged in the project and continue to attend meetings and monitor schedule. 4.50 D2 Update 1/10/13 Brief Update by Dave Capaldo of Design Partnership on status of project. New TLT staff on site and working in D2 area. Updated schedule for phase 2 due by mid January. Daedalus will review and present findings on 2/14/13 meeting. Punch list work ongoing. TLT staff approaching D2 area from cautious perspective and trying to set high standards and make good impression on building staff and Town. 2/14/13 DPF provided update on work continuing to move forward. D2 area schedule to be complete at close of april school vacation. 4.51 Payment Requisition #10 1/10/13 DPC presented application for payment #10 in the amount of $400,490.70 representing largely punch list completion and the start of the D2 area. Motion to approve TLT Construction Payment request #10 for December for $400,490.70. Motion Dick 2nd Joe Vote: 6-0-0 4.52 DCAM evaluation 1/10/13 DPF had drafted 50% DCAM evaluation and sent to PBC for comments. DPC had reviewed and thought eval was an accurate and honest report. DPF stated they would resend to PBC prior to sending to DCAM and verify with DCAM on impact of 505 Evals. 2/14/13 DCAM eval draft was sent to PBC for review. Item was added at end about new project team being assigned and Town hopeful for improved success. Also a change to Item c on housekeeping with reference to tools and ladders left about was discussed. DPF reports that DCAM advised that 50% reports do not become permanent they are replaced by final reports. Eval being sent to state. 4.53 Change Order #12 2/14/13 DPC reviewed the scope and contents of Change Order No. 12 totaling $71,162.00 Motion to approve Change Order No. #12 ($71,162.00) to the TLT Construction Contract as recommended by the Architect of Record. Motion Eric 2nd Dick Vote: unanimous 4.54 Re-class of Funds 2/14/13 Motion to approve re-class of funds in the amount of $33,886.75 incurred by facilities operations budget for Custodial & Maintenance overtime costs from TLT phase 1 completion failure and assign these costs to Project Budget Claims line 40019490- 52141. Motion Dick 2nd Carl Vote: unanimous 4.55 TLT Payment requisition 2/14/13 DPC reviewed the payment requisition for TLT construction with the PBC. Requisition #11 totals $590,087.13 Motion to approve Payment requisition #11 to TLT Construction in the amount of $590,087.13 Motion Dick 2nd Eric Vote: unanimous 4.56 February Update 2/14/13 Bob White from Daedalus Projects provided an update on TLT Schedule. Bob had met with TLT a few times during their development of the schedule and overall reported that the schedule appeared to be an honest practical methodology for completing the project in accordance with the contract. There was general discussion on the schedule and inquiries regarding successors and predecessors used in the schedule detail, the actual prescience or not of float along with the need to show the Critical path line in the schedule documentation. Daedalus will follow up on these items and is awaiting the opportunity to have their schedule consultant test the schedule once a live electronic copy is received. Page 3 of 5 Lexington Permanent Building Committee 2-14-13 7.0 Estabrook Elementary 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. 2/14/13 Discussion on the selection of exterior colors, PBC voiced concern over mock up wall not being erected. Shawmut to expedite mock up wall for onsite review. DPF added that a delay on color selections will likely incur delay costs so Design Team and CM need to clarify schedule needs and communicate with the Town effectively on this issue. 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. 7.75 Final GMP Discussion 1/3/13 Shawmut presented a document dated 1/3/13 and titled Draft GMP Reconciliation sheet. This document was presented by Shawmut and each line was reviewed with PBC. Paul from CP visited the Shawmut office and reviewed all the non trade bids and the process used in developing them. Cp was very satisfied with the documentation and process Shawmut used in obtaining the non-trade bids. There is a $35,000 allowance in the GMP that the town can eliminate by change order if we chose not to have Shawmut coordinate landscaping work. Shawmut discussed an overrun to their costs for Pre-construction work in the amount of $95,000. This figure was included in some below the line costs on their GMP reconciliation sheet dated 1/3/13 and presented at this meeting. After brief discussion the PBC was not supportive of including these costs in the GMP at this time and advised Shawmut that these costs could be discussed at an appropriate time in the future. GMP line item approved by state is $31,145,000. State is aware we are trending over and will adjust 3011 form accordingly, delta in GMP over 31,145,000 may not be reimbursable. For approval of the GMP Line Items from reconciliation sheet to be removed: $95,000 for preconstruction overage (not approved) $46,650 Builders risk insurance (funded elsewhere in the budget) Add in to GMP $61,000 for specified stage and gym flooring as specified Motion to approve the Shawmut Design & Construction GMP as outlined in the 1/3/13 GMP Reconciliation sheet prepared by Shawmut, less the preconstruction overrun line of $95,000, less builders risk insurance line of $46,650, with an addition of a line for $61,000 to cover the specified Stage and Gym flooring material for a GMP in full compliance with the plans & specifications prepared by DiNisco Design Partnership for a revised total of $32,795,932.00 for the Estabrook School Project. Motion: Joe 2: Eric Vote: 6-0-0 nd Page 4 of 5 Lexington Permanent Building Committee 2-14-13 Motion to approve all filed sub bids received and as documented in the January 3, 2013 Shawmut Design and Construction comparison with Trade Bids Table presented this evening by Shawmut in the amount of $12,289,833.00 which is with the exception of the elevator bid, which the Town of Lexington is requesting Shawmut to vet the low bid and if not within compliance with the documents and budget, that Shawmut bid on open market in compliance with MSBA and statutory requirements. Motion: Chuck 2: Carl Vote: 6-0-0 nd 7.76 Shawmut Payment Request 1/10/13 Motion to approve Shawmut Monthly Requisition #6 in the amount of $587,139.00 Motion 2nd Vote 7.77 Reimbursable expense 1/10/13 DPF Submitted Request for Approval of DiNisco Reimbursable Expense authorization #19 for Weber Engineering Associates LLC, Geotechnical Engineering services during Construction, in the amount of $11,583.00 Motion to Approve DiNisco Reimbursable Expense authorization #19 for Weber Engineering Associates LLC, Geotechnical Engineering services during Construction, in the amount of $11,583.00. Motion: Eric 2nd: Chuck Vote: 6-0-0 7.78 Collaborative Partners update 2/14/13 Review power point slides on steel erection progress Risk analysis update will include snow impact Topping off ceremony scheduled for march MSBA visited the site on 1/24/13 Work on finishing concrete slabs scheduled to proceed into the night, this has been communicated to the neighbors. Shawmut Buyout as of 2/12/13 is up $76,000. Discussion on last months approval of GMP, and Shawmut committed to sharing review of Change orders and rate sheets with PBC. 7.79 Payment 2/14/13 CP and DDP reported on current Shawmut requisition and supported payment of same. Motion to approve Payment requisition No. 7 in the amount of $1,174,908 to Shawmut Design & Construction. Motion: Eric 2nd: Dick Vote: 5-0-0 7.80 Transfer 2/14/13 Motion to approve $1,447,323 in funds from contingency line to Construction line based upon approval of Estabrook GMP. Motion: Eric 2nd: Carl Vote: 5-0-0 Meeting Adjourned Motion to Adjourn 2/14/13 9:00 PM Motion: Dick 2: Eric Vote: 6-0-0 nd Page 5 of 5