WELLINGTON SCHOOL BUILDING COMMITTEE
January 11, 2012
School Administration Building Conference Room
Committee Members Attending: John Bowe, Patricia Brusch, Laurie Graham, Mark Haley, Bill Lovallo, Lucy Pullen, Heidi Sawyer, Eric Smith
Absent: Joe Barrell, Mary McHugh, Joel Mooney, Ike Papadopoulos
Liaisons Attending: Amy Wagner
PMA - Owner’s Project Manager (OPM) Attending: Sean Burke, Chris Carroll
JLA Associates: Jonathan Levi
Clerk: Chris Kochem
Guests: David Hawkins (Morrissey, Hawkins and Lynch)
Mark Haley, Chair, called the meeting to order at 7:35 a.m.
Mr. Haley discussed two letters that have been received from Skanska. The first is a request from Skanska dated December 20, 2011 concerning substantial completion. The second is a letter from Skanska dated December 12, 2011 requesting an equitable adjustment for time and cost.
There was discussion about the process for replying to Skanska. Mr. Haley said that Jonathan Levi and PMA met last week to discuss these letters. Mr. Hawkins, as the town's legal representative, will work with Eric Smith and Chris Carroll of PMA to draft letters of reply.
Chris Carroll of PMA discussed the need to have all potential changes identified. Skanska should bring forward all change orders and the WBC should consider setting a deadline and not accepting anything further after January 20, 2012.
Jonathan Levi discussed the provision in the contract regarding substantial completion, which is a complex paragraph.
Heidi Sawyer arrived at the meeting at 7:45 a.m.
Jonathan Levi stated that the Town took occupancy on September 7, 2011 but substantial completion did not take place. Bill Lovallo noted Skanska did not complete their contractual obligations – the project was supposed to be done on July 1, 2011. It is still only at 97% billed so it is not at substantial completion if the definition is 99% billed.
Eric Smith said it appeared the prerequisites for substantial completion were not satisfied. The building was not at 99% yet, and the mechanical systems are not fully operating. As of January 11, 2012, the WBC still does not have control of the systems.
Bill Lovallo said the WBC should put Skanska on notice regarding liquidated damages.
Dave Hawkins said, regarding the December 20, 2011 letter, that Skanska owed the WBC a punchlist as a precondition and that, in the WBC's estimation, the building was not substantially complete on September 7. The Town did not have full use and occupancy (HVAC, gym) and was operating under hardship, which the affected the ability of the school to be run properly. Only a temporary occupancy certificate is in place. Whatever date is determined for substantial completion, absent extension, liquidated damages began on July 1, 2011.
With respect to the equitable adjustment letter of December 12, 2011, Eric Smith said that the contract has a clause that you don’t get damages for a delay. It was noted that Skanska informally asked for a two week delay in the project due to the Value Management process. Dave Hawkins said that, in the contract, there was a no damage clause for delays or hindrances, and this clause is enforceable by Massachusetts law. He suggested reminding Skanska of the clause, and asking them for itemization of any requests for additional time.
Eric Smith confirmed that Jonathan Levi is comfortable with the position that is being outlined. Mr. Levi said that the change orders were silent as to time because Skanska was the construction manager and they were supposed to do the job on time, which they did not do. Their job as CM at Risk was to get the project done. Sean Burke noted that, in April 2011, Skanska stopped providing schedule updates. Jonathan Levi said that the WBC purchased Skanska's services as a CM at Risk and that a key part of that was the ‘purchase’ of the project coming in on time and on budget.
There was discussion of when to release retainage – once the WBC has a monetized punchlist, the WBC can consider releasing retainage over and above the monetized punchlist.
Chris Carroll will prepare drafts of two letters responding to the two Skanska letters.
Bill Lovallo said that the WBC is ready to close out the contract with the modulars. Dave Hawkins will provide a standard release for the modular company.
Dave Hawkins left the meeting at 8:20 a.m.
Bill Lovallo spoke with Andy Rojas of the Belmont Planning Board. Andy Rojas spoke with Mr. Baghdady, the chair of the Belmont Planning Board. Mr. Baghdady and Mr. Rojas apparently have decided to schedule a hearing, specifically about the change to RTU-3. Bill Lovallo said he explained to Mr. Rojas that the WBC may have to proceed with moving RTU-3 because of the short term of the temporary permit from the state building inspector.
Mr. Lovallo asked Mr. Levi to send a tech out to the building today to measure the sound to confirm that the unit meets the town’s noise bylaw. Mrs. Brusch noted that, in order to do the measurement, they must notify Skanska to notify the sub.
Sean Burke left the meeting at 8:30 a.m.
Bill Lovallo asked Jonathan Levi the status of the punchlist. Mr. Levi said that Diane Ozelius has been doing back punching.
Odors – There was discussion about an odor in the girls’ bathroom.
Temporary Certificate of Occupancy
Bill Lovallo said that a new TCO has been issued and is valid through February 6, 2012. There is a full page of conditions. Bill Lovallo believes that many of these conditions have been completed and asked that the JLA group take the list of conditions and assign a matrix to identify whose responsibility it is to each item is.
High School Parking Lot – Bill Lovallo and Mark Haley met with Flett on Monday, January 9. Flett will work on the area of the parking lot where the modulars were located. Jersey barriers will be set in place near the tennis court until the tennis courts can be repaired in the spring.
Jonathan Levi of JLA presented a proposal regarding the railings on the second floor. He proposes that a metal rail be added across the whole opening, going from wall to wall. It will be directly above the glass and the wood caps and sit low above the railing. JLA will do a mockup of this proposal so that it can be reviewed.
Lucy Pullen made a motion to adjourn the meeting at 8:50 a.m. The motion was seconded by Eric Smith and unanimously approved.