Mountview School Building Committee
Mountview School Building Committee
February 10, 2015
MINUTES
7:00pm Holden Municipal Light Department
Present: Chairman Paul Challenger, Margaret Watson, Jacquie Kelly, David White, Chris Lucchesi, Gary Kaczmarek, OPM, Erik Githmark, Sue Lucia
Absent: Bob McCarthy, Darryll McCall
Others Present: From LPA: Mike Pagano, Bill Senecal, Peter Caruso
- OPM Report
Gary Kaczmarek gave a construction update. Two and a half weeks ago the schedule was going good then the snow started. They are working on the metal panel system on the northwest side of B building. That is the only trade on site right now. There is a tremendous amount of snow on all floor slabs. The building is not protected. We have pictures to document. The mechanical trades have pulled out until the weather gets better. We will find out their plan for snow removal of the building at the meeting Thursday. Peter Caruso stated he thought building would have been closed in more at this point. Gary stated they should have closed it in with tarps. There is no site work at this time due to snow. Some tests were done on the mock-up panels. Some tests passed and some tests failed. The failed tests were remedied and fixed. More testing will be done in the future. Paul Challenger asked if the snow is damaging. Gary said no, but he has some concerns. Some electrical supplies have snow around them even though they are covered with plastic. That is not an ideal situation. Jacquie Kelley asked how the overall schedule is going. Gary said they are behind on the baseline schedule approved by LPA. Jacquie asked if they have put together a summary of what they have given us so far. Gary said they have not given us updated monthly reports, but will going forward.
On 12/26/14 CTA sent LPA a cover letter explaining the delays and asked to have the owner advise on how to remedy the schedule updates. Gary stated that we will not do that. That is the contractor’s responsibility to meet dates. Chris Lucchesi stated that he is surprised the building isn’t buttoned up and feels that CTA isn’t interested in getting the project completed on time. He asked what our alternatives are. Dave White suggested getting counsel involved to look at the areas of the contract and send them a letter pointing out contract breaches. He doesn’t think we should sit on the sidelines any longer.
Paul Challenger asked about “Winter Conditions” in the contract. Bill Senecal pointed out line 8 in the contract stating Winter Conditions at $65,000. Mike Pagano said it is important to understand the schedule of values. This doesn’t change the fact that they are obligated to do the work. Jacquie asked how we could dry it out. Mike reminded everyone that they decided not to go with barrier one because if the schedule was met there was plenty of time for curing. They are not protecting the slab and we need to draw up a letter to send to CTA and CC everyone. We need to put them on notice for being close to being in default. Margaret Watson agrees and thinks we should send a letter stipulating why we think they may be close to default. Need to send a copy to town counsel to build a file in case of a problem. Then we will have a paper trail.
Dave White pointed out that we have an existing building, so if we do not get in the new building as fast as we want it is not a crisis.
Gary concluded by saying the budget is not the issue. Quality is also not an issue, just timeframe.
- LPA Update
Mike Pagano stated we are not in a position to declare they are in default yet. That is for an attorney to decide. We can tell them our concerns. Jacquie feels we need to start with LPA and the OPM. Dave White pointed there is a big difference in a contact litigator and construction litigator.
LPA provided color boards. There are 2 main colors representing the 2 school teams that will be used throughout the school along with some accent colors. They propose to keep it light and bright. The colors will be a little more formal for lobby. The gym area has simple colors. The carpets are tiles. All floors are linoleum. The gym floor is maple and includes the Mt view mustang logo.
CTA has been saying the colors are holding them up. We received last color at the last meeting Thursday, February 5th.
Motion by Dave White, seconded by Margaret Watson; it was unanimously voted to approve the color pallet presented by LPA.
Mike Pagano said it is important you hear from us our extreme displeasure with CTA and their lack of winter protection. Another issue is CTA’s resistance to deal with change orders. They want to issue construction change directives. On everyone they record “Reservation of rights on cost.” and we cross that out. This tells us they are already planning to go before a mediator. We will not issue CCD’s, so when they go to court they will tell the court LPA are bullies. Counsel recommends we issue CO’s.
We have not been receiving the required attachments for payment requisition such as schedule and back-up for items being requisitioned. We need to restore baseline schedule.
Mike stated CTA is in a bad place so we are in a bad place. He thinks the committee should get advice of counsel on how to proceed. Jacquie said will get advice and put together a letter. She asked what is end game. Mike said CTA may be in default. If they are there are actions to take. The longer we wait the harder it becomes. Means & methods are up to CTA – we are concerned with end result. Jacquie asked if Mike thinks they are in default today. Mike is not sure. They are doing some things that contradict good practice. The biggest concern is that we don’t have proper documented schedules. Jacque said they need to see schedules at all meetings. Dave White suggested they should have a long sit down with counsel and LPA to write letter. Chris Lucchesi asked if we will get a quality building from CTA. Gary said yes. Mike said possibly. Jacquie recommended that the whole committee needs to decide if this is the direction we want to go in.
Motion by Paul Challenger, seconded by Chris Lucchesi; it was unanimously approved to have Jacquie Kelley set up a meeting with counsel to draft a letter to come back to the committee with options.
Next Meeting: Tuesday March 10, 2015 7:00 pm, HMLD Meeting Room
On a motion by Dave White, seconded by Chris Lucchesi the meeting was adjourned at
8:50.
Prepared by Sue Lucia
_April 14, 2015_
Approved Date