Draft Copy

Special Meeting

East Haddam School Building Committee Meeting

December 1, 2004

Adopted February 2, 2005

 

 

Call to Order

 

The meeting was called to order by Todd Moss at 7:01 p.m. at the Nathan Hale High School – Room 117.

 

      Roll Call    

 

Attendance

 

Members present:           

            Todd Moss                            Craig Parker 

            Mary Beth Mordecai                         Kerri Willis Budzik

John Gibson                        David LaFemina

Denise Gable                           Melissa Ziobron

Dana Barnes

 

Others present:

 

David King, KBA

 

Approval of Minutes

 

Motion by John Gibson to approve the minutes of the October 27th , 2004 meeting.  Seconded by Kerri Willis Budzik.

 

Favor:  Moss, Mordecai, Gibson, Barnes, Parker, Budzik, LaFemina

Abstained:  Ziobron

MOTION CARRIED

 

Audience of Citizens

 

There was no Audience of Citizens segment offered.  Or noaudience or no one cared to make comment..

 

Old Business

 

                  KBA Contracts

 

Mrs. Ziobron questioned the progress of property acquisition.  Mr. Moss informed her there was nothing new to report.  Mrs. Ziobron questioned if the 3rd appraisal had been complete and if a copy was available at the town hall.  Mr. Moss stated he had been advised that it was available in Selectman Parker’s possession.  Mrs. Ziobron questioned if the letter by Nancy W. McHone, in regards to the fault lines, had been posted on the web site.  It was stated that the information had been distributed by means of press release.  Dana Barnes stated that the Middletown Press had misquoted the press release.  Mrs. Budzik stated she would be following up with regards to clarifying the mistakes with the Middletown Press as means of documentation.     

    

 

 

  

New Business

 

Mr. Moss informed the Committee that the survey of the land was in progress and the aerial flyovers had begun.  He stated that an abutting property owner, Mr. Hines had called with a complaint.  He stated the surveyors had knocked on the property owner’s door to ask permission to survey the adjacent property, that no one answered the door, and that they proceeded to walk the property.  They startled Mrs. Hines who was in her barn.  Mr. Moss stated that he spoke with the property owner apologizing for any misunderstandings and that no harm was intended and he would follow up again with the property owner.  Mrs. Budzik volunteered to draft a follow-up letter apologizing to the property owners.  Committee members agreed to collate a list of adjacent properties in an effort to keep them informed of the progress of the project.  

                       

Determination of Next Meetings

                       

Motion by Mr. Gibson to have the regular scheduled meetings starting in January,  2005 on the 4th Wednesday of the month at 7:00 p.m. at the Nathan Hale High School – Room 117.  Seconded by Mr.  Barnes. 

 

Favor:  Moss, Ziobron, Gibson, Barnes, Parker, Budzik, LaFemina

Opposed:  Mordecai

MOTION CARRIED

 

 

Other Discussion

 

Committee members discussed the KBA Contract.  Mrs. Ziobron advised Committee Members that she would like to discuss aspects of the contract out of executive session, with the exception of the dollar amounts, in order to have public record of the facts.  Committee members agreed to have a general discussion on the KBA contract and discuss article 12 pertaining to the money portion, including appraisal in executive session.  Committee members stated agreed that they all had reviewed the contract.  Mr. Barnes questioned if the School Building Committee was entering into a contract with Newfield Construction as written on the contract.  Mr. Moss stated that the School Building Committee was under negotiation with Newfield Construction and that they are not yet the Construction Manager, although they are intended to be.  Mrs. Ziobron questioned if it could be revised at a later date.  Mr. Moss responded affirmatively.  Mr. Barnes questioned if it made a difference to KBA if Newfield Construction would be involved.  Dave King responded no.  Mrs. Budzik stated that the wording could be changed asto the construction manager is subject to negotiation.  Ms. Mordecai questioned if these changes would need review by the town attorney.  Mrs. Budzik stated it wouldn’t hurt to have attorney Bennett review the contract and that it should not cause a significant delay in contract negotiations.  Mr. Barnes questioned why litigation was chosen instead of arbitration.  Mr. Moss stated that attorney Bennett did not like arbitration; KBA preferred mediation and Craig Parker, Mrs. Budzik and himself considered mediation a non-binding process..  He stated that if they were going to enter into a contract, which was non-binding; that litigation was the best choice.    Mr. Barnes questioned if arbitration was quicker and less expensive than litigation.  Mr. Moss stated that from his experience in the industry, arbitration requires a person who acts a judge, preferably a lawyer, gathering of information and that it is quicker because there is no waiting for a court and judge because it is performed in an attorney’s office.  It was stated that mediation is non- binding. Mr. King stated that KBA prefers litigation.  Committee members discussed various advantages and disadvantages of arbitration, litigation and mediation.  Craig Parker stated that article 4.5 on page 8 specifically states that a construction manager does not exist until a contract is signed.  Mr. Barnes stated that he did not feel that the Committee members should be reviewing the document if the intent is not to change the contract as needed.??? What does this mean  MMr. Barnes questioned Mr. Moss, Craig Parker and Mrs. Budzik if there were any provisions in the standard contract which were taken out or lessened which would put the town at risk?  They all responded no.  Mr. Moss stated that some provisions were added to strengthen the contract.  Mr. Barnes questioned if KBA required anything be removed from the contract.  They responded no.  Mr. Barnes questioned if the insurance binder’s limits were sufficient for the project.   Craig parker responded that they were above and beyond the required limits for the job of this size.  Dave King explained standard liability amounts required.  Committee members discussed various aspects of liability.  Mrs. Ziobron questioned the term of the contract.  Mr. King responded a specific number of months from the start date of 45 months.  He stated that if the project ran longer, then the fee would be renegotiated.  Mr. Barnes questioned when the the fee that is earned is a lump sum fee, when it would be duequestioned when the lump sum was earned by KBA .  ? He stated an example that if state funding had not been approved, would the School Building Committee be obliged to pay KBA the full amount.    Craig Parker Mr. Barnes responded that there was a payment schedule on page 14 of the document.  Mr. Barnes questioned the possible effect legislature for some reason did not have money next spring????  Mr. Moss responded that KBA would require payment for services to date.  It was stated that the town had allotted $155,000 for preliminary work.   Craig Parker referred to article 8’s provision for canceling the contract.  Mr. Moss stated that Page 14 of the contract, payment schedule, and the schematic design fee is 15% of the fee and that KBA is entitled to request a percentage of that fee.  It was stated that the Building Committee needs to approve any spending over $7,500.  Ms. Mordecai questioned if change orders needed to be approved by the Committee.  Mr. Moss stated that several change orders would be discussed at one time.  Dave King suggested the appointment of a sub-committee of people who arework in town during daytime hours andwho could directly take care of change orders on an as needed basis.  Mr. Moss stated that a program manager, which has been budgeted, could be hired to execute change orders.  Denise Gable questioned if there were warranty’s included in the contract. Mr. Moss responded affirmatively.  Warranties and liability were discussed.                        

 

 

Motion by Mrs. Ziobron to go into Executive session @8:10 p.m, inviting Ruth Ziobron to attend, for purposes of discussing the KBA contract.   Seconded by Mr. Barnes and passed unanimously.

Motion made by Mr. Barnes to come out of executive session @ 8:59 p.m.  Seconded by Mrs. Ziobron and passed unanimously.     

 

No action was taken or decisions madewere taken.

 

Mrs. Gable informed the Committee that she would write and submit a press release in regards to the new contract with KBA.  Mrs. Ziobron informed the Committee that she was attending a School Building Conference in Rocky Hill and would bring back information. 

 

Motion by Ms. Mordecai to accept the KBA contract as amended.  Seconded by Craig parker and passed unanimously.

 

Committee members agreed that the changes would be hand written and initialed by Mr. Moss.  Mrs. Ziobron thanked the subcommittee for working on the contract.  Mr. Moss informed the Committee of the importance of working on the Newfield Construction contract.  Committee members agreed to have the same sub-committee to work on the Newfield Construction.  Mr. Moss stated the Committee needed to start solicitation geotechnical and environmental services with the help of KBA; to begin working by February 1st, 2005.  Mrs. Ziobron stated that Committee members should attend a Board of Education meeting to update them on the Building Committee’s progress.  Mr. Moss agreed to present the aerial survey when complete.    

Adjournment

 

Motion by Mrs. Ziobron at 9:04p.m. to adjourn.  Seconded by Mr. Barnes and passed unanimously.

 

Respectfully submitted,

 

E. Ruth Ziobron

 

Filed at Selectman’s office

 

Attendance