TOWN OF PROVINCETOWN
BUILDING COMMITTEE
The following minutes are available on-line as a service and are not the official record due to changes in formatting for the Internet. The minutes may have attachments that are not included here in this format. The official, complete paper copy can be viewed during regular office hours, Monday - Friday: 8 a.m. to 5 p.m. in the Office of the Town Clerk, 260 Commercial St. Provincetown, MA 02657.
Meeting Minutes of March 21, 2001
Members
Present: Paul
Redlund (Co-Chair), Regina Binder(Co-Chair), Joyce Guide, Jane Donoghue, Rex
McKinsey
Members Absent: None
Others Present: David Guertin (DPW Director), Chad DeLima (Assistant Harbormaster), Rosemary Heard (MassDev), Susan Whittaker (Resident Engineer - arrived at 12:25 PM), Rachel Crosby (Recording Secretary)
Call to Order: Co-Chair Paul Redlund called the Meeting to order at 11:10 A.M.
Report by DPW
David Guertin distributed several documents, including:
ú His memo to Mr. Bergman, dated March 12, 2001, entitled “Results of Building Committee Meeting.”
ú His memo to the Building Committee, dated March 21, 2001, entitled “MacMillan Pier Project, Staff Support for Meeting posted March 21, 2001”
ú His memo to Mr. Bergman, dated March 15, 2001, entitled “Strategy w/Pile Testing Procedure(s) Failings: Contract for Services from FS&T and Attendant Issues with AGM.”
David Guertin reported that, concerning his March 15, 2001 memo, there were several elements requiring research, including:
Ø Determining whether FS&T used “Reasonable Efforts” in engineering the pile testing procedures – David Guertin said that the Town hoped to hire an independent geo-technical engineering firm to do a peer review of the work done by FS&T. Two companies/consultants have been approached for this review. One of which, William Zoino, was the founding partner of the firm that did the initial soil borings. Mr. Zoino has been retired for five years and no longer has any financial interests in his previous firm.
The Committee reviewed Mr. Zoino’s letter, dated March 14, 2001, containing his “Proposal for Forensic Engineering Services” and his total estimate of $22,500. David Guertin confirmed that Town Counsel has endorsed Mr. Zoino as the choice for the peer review. Rosemary Heard said she also contacted MassDev legal counsel concerning the choice of peer review engineer and would share that opinion with the Committee. David Guertin strongly endorsed Mr. Zoino as the choice for engineer.
Mr. Zoino has already stated, based upon his initial review of the data, that the original test borings may not have been deep enough. David Guertin said that at least one of the test pilings was driven deeper than the test boring for that area.
David Guertin and the Committee reviewed the peer review process and potential resultant Findings of Fact. David Guertin confirmed that the original test borings had been done per “engineering precepts.”
Ms Binder moved to recommend that the Board of Selectmen hire Mr. Zoino for the sum of $15,000 to do a geo-technical peer review of the work done by FS&T for the purpose of determining potential culpability, Jane Donoghue seconded. In response to a question from Joyce Guide, David Guertin referred to his March 21, 2001 memo and explained the financing of the peer review, saying that the $22,500 would be taken out of the Pier Project “soft costs” budget (which totals approximately $560,000). Mr. Guertin confirmed that he was confident that the funds in “soft costs” were sufficient to meet all anticipated needs, provided the Project did not extend beyond two years. Joyce Guide asked what was the range of possible financial benefit to the Town if Mr. Zoino concluded that FS&T had, in fact, made preventable errors due to “professional negligence”. David Guertin explained what steps might follow such a finding and the Committee discussed how financial liability would be determined. The liability claim process would proceed separately from the Project and would not cause any additional delay to the Project.
Ms Heard suggested that the contract with Mr. Zoino be administered through the Town’s Legal Counsel so as to protect all possible future rights and interests.
Rex McKinsey asked if the relationship with FS&T was becoming adversarial and Mr. Guertin said that FS&T was continuing to be extremely cooperative.
Mr. Guertin confirmed that the affirming email from Town Counsel was sufficient to address the issue of Mr. Zoino’s objectivity and suitability as a choice to do the peer review. .
The Committee and Mr. Guertin discussed the likelihood that the Banner would write an article on the peer review process and Mr. Zoino.
The motion
passed by a vote of 5-0.
Ms
Binder moved to recommend to the Board of Selectmen that Mr. Hebert be hired
for the sum of $7,500 to perform
the test borings for Mr. Zoino’s review, Jane Donoghue seconded and it was so
voted, 5-0.
David Guertin again reviewed his March 15, 2001 memo, focusing the Committee’s attention on the standards for determining whether FS&T did, in fact, use “reasonable efforts” and also upon the possibility that no fault would be found with FS&T’s work. If FS&T was not at fault, the additional costs associated with the delays and revised test piling procedures must be assumed by the Town.
Mr. Guertin provided the Committee with a brief lesson in test boring technology. He confirmed that it appeared that the original borings were completed and analyzed in a manner that did not initially indicate there would be a problem with the pilings. Mr. Guertin reviewed the process and standard by which “professional negligence” would be determined.
Mr. Zoino will begin work on the peer review as soon as possible.
FS&T is aware of the additional costs currently being paid by the Town.
AGM has expressed concerns that their contract has not been amended and that they are incurring several unanticipated, additional expenses. David Guertin said that he wanted to add all the outstanding change orders to the $192,090 already recommended by the Building Committee, so as to make the situation more secure for AGM.
The Committee, Mr. Guertin and Ms Heard discussed the advisability of continuing to use Haley and Aldrich, the firm that did the original test borings. Mr. Zoino will have complete forensic review of all new and old test borings completed by Haley and Aldrich.
David Guertin explained how he had modified the change orders voted by the Building Committee at their last meeting, incorporating all outstanding issues into one larger change order in the total amount of $246,728. This amount would come from the Contingency Fund (which stands at $593,279), reducing it to approximately $346,550.
The Committee discussed their list of recommended deletions. FS&T has been asked to generate, by Friday, March 23, 2001, a final estimate of the cost-reductions associated with the definite deletions.
The Committee then reviewed a spreadsheet entitled MacMillan Pier Project Value Engineering Analysis, Comparison on Proposed Credits, March 7, 2001, to approximate the value of the items recommended for deletion. David Guertin confirmed that the savings from the deletions would be used to replenish the Contingency Fund. In response to a question from Mr. Redlund, Ms Heard confirmed that interest on some of the grant funds already received did not accrue to the Town, but rather were due back to the Commonwealth. Other grant fund interest does accrue to the Project, but that interest has already been counted in the Project Budget.
Ms Heard said that it was her hope and opinion that the Project could still be completed within the current budget and that the obstacles were not insurmountable.
Joyce Guide asked about AGM’s less-than-enthusiastic response to the expense of the new tapered pilings and David Guertin explained possible outcomes, including returning to the open-ended piles. The tapered pilings would be preferred if they pass the load bearing tests when driven to a shallower depth.
David Guertin confirmed that he remained very positive and excited about the Project, though there may be some very difficult decisions looming in the future. Joyce Guide said that the only really big cost-saving choice remaining was to narrow the width of the T-section. Ms Binder said that the new piling designs may lead to additional add/alternate items not previously identified.
Rex
McKinsey moved to alter the original change order as presented by Mr. Guertin
to a total amount of $246,728.45, Ms Binder seconded, and it was so voted, 5-0.
The Committee discussed which members would attend March 26, 2001 meeting of the Board of Selectmen, at which the Board of Selectmen will consider and vote upon the revised change order.
The Building Committee will meet at 6:00 PM, prior to the Board of Selectmen’s meeting, on March 26, 2001.
Joyce Guide suggested that all the Committee members try to attend at least one construction meeting. David Guertin confirmed that FS&T took the minutes at each construction meeting.
Change Orders
ú None
OLD BUSINESS - none
NEW BUSINESS –
Ø Ms Whittaker reported that the location for the transformer pole near the MPL had been established, though the guy wire may present minor and temporary problems for pedestrian traffic.
MINUTES
March 9, 2001 – Joyce Guide moved to approve with one correction, Jane seconded and it was so voted, 4-0, 1 abstain (Regina Binder) .
ADJOURNMENT
Paul
Redlund moved to adjourn at 12:35 P.M. and it was so voted unanimously.
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These minutes were approved by a vote of the Provincetown Building Committee at their meeting on ________________, 200__
Respectfully Submitted:
_____________________________ ________________________
Building Committee Signature Title
Rachel Crosby
Rachel
T. Crosby, On-call secretary