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HomeMy WebLinkAbout1987-07-09-PBC-min.pdf TOWN OF LEXINGTON, MASSACHUSETTS PERMANENT BUILDING COMMITTEE Minutes of July 9, 1987 committee meeting in room 8-15, Town Office Building as approved August 12, 1987 The meeting was called to order by Chairman Kennedy at 7 35 p m. with other committee members Edson, J Kennedy, Scanlon and Touart present Also attending were staff Isa Zimmerman, Maclnnes and Coscia; School Committee member Wik; consultants Aitchison and Rowlands of Chartwell ; and Michael Epstein and David Rogers, attorneys of Palmer and Dodge. Contract Awards and Attendant Problems. The contract award for Bid Package II work was awarded to Seaman Bratko Unfortunately, J P Construction protested to the Department of Labor and Industry (DLI) that Seaman Bratko had not followed bidding instructions on allowance for electrical work and six alternatives Upon advice of counsel (that J P s case was very weak) the contract was awarded to Seaman Bratko However, the DLI ruled that the award should be given to J P Seaman Bratko was so advised, but did not take this news without protest An injunction with substantial damages has been threatened by J P Attempts to settle with Seaman Bratko were unsucessful because they have the contract award With two aggrieved sides, the case appears to be on its way to court. Our lawyers think that the DLI ruling is wrong, but the court may side with the DLI. Aitchison pointed out that very little of the work in this bid package could be done during the school year with the possible exception of the extra Harrington classroom, which is exterior Maclnnes expressed concern for the slippage of three precious weeks of summer vacation Seaman Bratko might ask for $250,000 in potential lost profits. J P. would be entitled to several thousand dollars for bid pre- parations. Possible scenario under J P 's injunction described; construction could be halted. There could be a quick hearing on the injunction In any case, the town's lawyers would request court guidance The committee reviewed the possible scenarios and exposures with contract award to S.B vs. J P As noted above, exposure if the town were to go with S B. would be about $15 to $20 thousand; whereas if J P. were selected the town might lose $250 thousand. J P knows the town is reconsidering its contract award S.B. has been told the town wishes to terminate the contract. One subcontractor is already at work for Seaman Bratko. After some discussion VOTED unanimously to go with Seaman Bratko because of less exposure and need for the project to go ahead Another Possible Leaal Tanole - Asbestos The three lowest bids for asbestos work on Birdge and Bowman are all good