HomeMy WebLinkAbout1999-05-05-PBC-min.pdf TOWN OF LEXINGTON, MASSACHUSETTS
PERMANENT BUILDING COMMITTEE
Minutes of Tuesday May 5. 1999 meeting in the Conference Room, School Administration
Building, as approved May 12, 1999
The meeting was called to order by Chairman Kelley at 7 45 p.m with other PBC members
Cannalonga, Himmel, Johnson and Poinelli present. Others attending included Director of
School Building Operations John Moynihan III, soon-to-be Project Manager/Owner's
Representative Michael Melnick, School Committee Chairman Barrie Peltz and Town Meeting
and health schools group member Myla Kabat-Zinn.
Distributed items included a list of"pending issues" prepared by Michael Melnick as items he
found needing possible PBC action or discussion (not necessarily an agenda for this meeting),
invoices from HMFH for basic services performed in March at the three project schools, and
copy of a seismic report from HMFH to Moynihan.
HMFH invoices, it was explained by Moynihan, are being billed at the hourly rate until a contract
is signed with the architects. Kelley told of his meeting with John Miller last week. Another
meeting will take place next week. HMFH proposed that the firm proceed at the hourly rate until
after the June 1 submittal. Kelley expressed concern that the design contingency would need to
be tapped to cover the rise in architectural fees above the quoted 1997 costs. Discussion brought
out need for negotiating terminology to be carefully delineated, such as basis of construction
administration costs. Concern was expressed that the Town may be paying double for some
"D.D revision" time that was spent on items such as phasing and scoping of project. It was
concluded that Kelley and Poinelli would be the PBC negotiating team and that contract
negotiations should preferably be concluded prior to June 1, as the submittal is a `must" for the
firm. Also it was agreed that the issues justifying the town's entitlement to downward revision of
design costs should be the thrust of PBC's argument. Decision on payment of HMFH's invoices
was postponed until next week.
Monetary Valuation of schools is still being worked on by the Assessors' office. In any case,
Moynihan reported, the exterior panels of the Clarke walls are adequately anchored to satisfy
seismic code for schools.
Only the high school has been officially designated as the town emergency shelter. Moynihan
reported. Now location of the generator and of the shelter areas is under discussion with the
architects and engineers.
Proiect Manager's Contract was discussed with Melnick in relation to Moynihan's list as well as
other issues in need of understanding. Pointed out that although the PBC is the organization for
which Melnick will be working, he should keep Moynihan informed about his daily activities
through an e-mail log to both the committee and Moynihan. This need not be extensive.
Regarding resolution of extreme contention by binding arbitration or court action, Moynihan
PBC minutes of May 5, 1999 -page 2
advised that this is up to Town Counsel, the final drafters of all contracts. On the issue of
professional liability insurance, Moynihan pointed out that the town cannot bear this
responsibility for someone hired on a contract basis. Yes, the pay could be upped $1 or$2 an
hour to ultimately cover the cost, but not up front. Melnick stated that he would give a 90-day
notice if he should quit the job. The definition of `project completion" after some debate was
agreed to be "60 days following substantial completion of project, with renegotiate additional
services. A five percent annual inflation escalator on each anniversary of service commencement
was also agreed upon.
A report of last week's meetings with town staff was given by Moynihan. There will be a site
visit with fire officials next week, and the Town Engineer saw no problem in connection with
relocation of the sewer line around Clarke new construction. Prior to Tuesday night's
Conservation Commission wetland hearing, site visits Saturday morning will be well attended by
representatives of PBC, School Committee and the Carol Johnson firm (Shellmeier).
Healthy Schools concerns, particularly regarding materials used, were expressed by Myla Kabat-
Zinn. When she asked about having an industrial hygienist, it was told that HMFH has engaged
environmental consultants ATC to be available when needed. An advertising flier/registration
form for the state's Healthy Schools conference at Clark University in Worcester on Wednesday,
June 2, was passed around by Moynihan. Several committee members expressed an interest in
going, as Moynihan will, and promised to get in touch with him on this.
Meeting adjourned at 9:50 p.m. until Wednesday May 12 at 7.30 p.m.
Respectfully submitted, �� �� �a Secretary