Woodrow Wilson Building Committee

12/12/2019 Page 1 Committee Members Committee Staff Councilman Gene Nocera, Co-Chair Dr. Michael Conner; Superintendent Councilwoman Jeanette Blackwell Co-Chair Marco Gaylord; Director Operations Councilman Philip Pessina Vice-Chair Elise McDermott; Finance and Budget Kristy Byrd Peter Staye; Director Facilities Sheila Daniels Erin Thazhampallath; Secretary John Giuliano Richard Pelletier John Phillips Theodore Raczka Stephen Zarger Minutes Woodrow Wilson Middle School Building Committee Special Meeting Thursday, December 12, 2019 **5:30 P.M** BOE Building, 311 Hunting Hill Avenue, Conference Room A BUILDING IS WHEELCHAIR ACCESSIBLE Special Note: If you require a special accommodation for our meeting, please contact Laura Riunte, ADA Coordinator at (*60)638-4540, (*60) 638-4541 Voice and (*60)638-4812 (TDD/TTY). Members Present: Councilman Philip J. Pessina Councilman Gene Nocera Councilwoman Jeanette Blackwell Kristy Byrd Sheila Daniels Richard Pelletier John Giuliano Stephen Zarger Members Absent: John Phillips Theodore Raczka Staff Present: Elise McDermott; Finance and Budget Peter Staye; Director Facilities Erin Thazhampallath; Secretary Others Present: Dan Hetzler; Preconstruction Manager, O&G Industries Mark Jeffko, Project Exec, O&G Industries Hristo Miljovski, Project Engineer, O&G Industries Joe Vetro; Project Manager, O&G Industries Randall Luther; TSKP MaryLynn Radych; TSKP  12/12/2019 Page 2 Daniel Penny, Middletown Resident Patrick McKenna, Middletown Resident, Clean Energy Task Force Michael Howley; Chief, South Fire District James Mastroianni; Acting Fire Marshal, South Fire District Joseph Ragano; Alarms Division, City of Middletown Billy Torello; Principal Member, PRO-TECK 1. Chairman Calls the Meeting to Order Councilman Gene Nocera, Co-Chair calls the meeting to order at 5:40pm. Nocera welcomes new Councilwoman Jeanette Blackwell to the committee. He indicates that the BOE is working on electing a new acting BOE member to the committee in place of former board member Christopher Drake. Motion by Councilwoman Jeanette Blackwell to amend the agenda. Moving items 6.1-6.3 of the Financial Report to come after Public Comments. This is due to a scheduling conflict for the Councilmembers. Richard Pelletier seconds. Motion was approved unanimously. Gene Nocera states the Councilmembers met with Mayor Florsheim to update him on the project and the Mayor was excited to join the team and would try to come to the January meeting. 2. Public Comments Daniel Penny; 1101 Chamberlain Hill Rd, Middletown, Ct: Addressing the South Fire District recommendation for additional fire detection. Penny believes that the current project plans for the new middle school meet Fire Code Compliance in CT, which is based on national standards, and the project is currently meeting long proven best practice for national safety. While he can appreciate the discussion for additional fire detectors, he believes the additional project expense and long-term operational costs are not needed. Billy Torello representing Pro-Teck Waste Solutions responsible for the disposal of PCB contaminated material addressed a nonpayment for disposal of hazardous waste material removed in August 2019. His company was sub contracted to Stamford Wrecking who is contracted with O&G. Torello states that Councilman Gene Nocera and Elise McDermott have been extremely helpful in trying to get payment since he last spoke to the committee at the November 21, 2019 meeting but he has still not been paid. He has been told that partial payment has already been released to O&G and Councilman Nocera states that the issue has been raised and another portion of the payment is up for approval on this evening’s agenda.  12/12/2019 Page 3 3. Approval of the Minutes Motion by Councilwoman Jeanette Blackwell and seconded by Sheila Daniels to approve the minutes of the Special Meeting of November 21, 2019. The motion was approved unanimously. 4. Staff Updates 4.1 Committee is presented updated 2020 meeting schedule 4.2 Committee agrees that the full agenda packet does not need to be printed out for every member and in the future we can use less paper and project the agenda packet on the overhead screen on in the meeting room. 5. Financial Report (Agenda Item 6.1-6.3) 6.1 Budget Items Review/Approval Elise McDermott; Finance and Budget states that the second invoice in question relating to Billy Torello is on the current agenda and will be voted on tonight. The city can then run that check next Wednesday. Hristo Miljovski, Project Engineer, O&G Industries states that O&G are also working to release the first check to Torello as soon as the checks are cleared and released to the sub-contractors. Councilman Gene Nocera states that Torello was told that around the 20th of December he should be paid in full. McDermott presents Monthly Expenditure Report. Highlighting the remaining funds vs remaining balance. Regardless of how many remaining funds are available the committee should remember that there are proposed expenditures that will eventually be used. McDermott asks O&G if a PO needs to be started for the four contracts that have been approved and assigned (steel, sitework, concrete, plumbing). Dan Hetzler; Preconstruction Manager, O&G Industries recommends that until a GMP is finalized finance would not establish a firm PO. This will move forward in about 2 weeks. Councilman Gene Nocera ask who the point person is to validate that the work is completed and the invoice presented are accurate. Joe Vetro; Project Manager, O&G Industries states that he is that point person for Phase 2 of the project. Hristo Miljovski, Joe Vetro and Brian Pracuta are in the field full time to validate that work is completed as stated. Councilman Phil Pessina asks who on the city side vets the final product. Pessina and other committee members are concerned that someone from the city side should vet the product aside from O&G. Citizens will question if expenditures are done correctly. Jeanette Blackwell states there needs to be checks and balances internally to protect the best interest of the city. Elise McDermott states that she goes over the bills from a financial standpoint but not from an operational standpoint. Mark Jeffko states that O&G holds a  12/12/2019 Page 4 unique contract with the city as construction manager as well as representative. O&G and TSKP review every pay application. They also have a full payment performance bond on the project. The City is protected with those bonds. If something is overpaid or not paid those bonds are there to fall back on. Jeffko assures the committee that once payments reach the committee they have been fully vetted by O&G and TSKP. Dan Hetzler also states that he is fully confident in how O&G and TSKP are certifying and reviewing bills and once those bills reach the committee, they have been fully vetted. They are following due and typical process. Dan Hetzler states that the subcommittee reviews change orders and presents it to the full committee. Confidence has been high once it goes through O&G and TSKP and then on to the subcommittee before reaching the full committee. Pessina states the committee does not want to hold up the time line but he does feel like we need someone from the city to be involved. Hetzler recommends someone from the city sit in on the field office meeting review sessions. This way the committee would not need to introduce another review process. Councilwoman Jeanette Blackwell asks for clarification on O&G and their role and process in the project. Dan Hetzler states that he is in preconstruction management. Joe Vetro is the Project Manager for Phase 2 construction. Hristo Miljovski is Project Manager through Phase 1 construction. Once the contract bidding and vetting process are finished that’s when Hetzler presents the guaranteed max price. It is at that point that it becomes fully Vetro’s Project Management responsibility. (Councilman Gene Nocera exits the meeting) Joe Vetro states that he will need to call the subcommittee at times to get items approved. Sheila Daniels asks if the full committee needs to review items first before anything is approved. Vetro states there will be items that will need to be reviewed and cannot wait the 30 days between building committee meetings. Councilman Pessina states that creating a subcommittee is done in full confidence that those subcommittee members can make those quick decisions and later fill in the full committee. The committee discusses if there is a value amount that the subcommittee can have approval authority over and if the city has a protocol for those values. Those approval authority values need to be decided. Elise McDermott will check with City Hall to see if the city has a protocol. This will be moved to next meeting and the committee will discuss if there is a value dollar amount that they are comfortable with the subcommittee approving. If the city does not have definitive language than at the next meeting, the committee will move forward with how to handle a Change Order through the subcommittee. 6.2 Invoice Approval A. Motion by Stephen Zarger and seconded by Kristie Byrd to approve O&G invoice #5 in  12/12/2019 Page 5 the amount of $590.182.71. The motion was approved unanimously. B and C. Motion by Richard Pelletier and seconded by Sheila Daniels to approve Eversource December Invoice of $621.07 and January Invoice of $841.90. The motion was approved unanimously. D. Motion by Richard Pelletier and seconded by John Giuliano to approve WWBC secretary timecard of $350. The motion was approved unanimously. E. BVH Integrated Services (Commissioning Services). Dan Hetzler will check into that invoice and the invoice will be brought before the committee at the next meeting. F. Motion by Richard Pelletier to approve TRC Invoice #383426 in the amount of $22,398.00 and seconded by Stephen Zarger. Peter Staye and Dan Hetzler verify work was completed. The motion was approved unanimously. G. Motion by Kristie Byrd and seconded by Stephen Zarger to approve TSKP Invoice #18 in the amount of $41,350.00. The motion was approved unanimously. H. TSKP Budget Transfer. Elise McDermott explains the TSKP invoice was approved for $8,500.00 which is correct but the 10% TSKP fee was not added. We need to approve the transfer of $850.00 for the additional fee so we can pay them and then make a CO to that PO to pay 9,350.00. Motion by Richard Pelletier and seconded by Stephen Zarger to approve a budget transfer of $850.00 to be added to agenda item 6.3 C. The motion was approved unanimously. 6.3 Purchase Order Review / Approval A. This is a follow up to the November 21, 2019 committee meeting: Peter Staye speaks to TRC Underground Storage Tank Removal Oversight Services. TRC was not aware that an oil tank was to be removed in Phase 1 of the project. Upon discovery they removed the oil tank and after summarizing the actual expenses incurred including the oil tank removal supervision. The sum of all the changes was an additional $8,554.00. TRC will need to be hired again during summer 2021 demolition. Dan Hetzler states that the appropriate mechanism would be for TRC to increase their scope of work for what they project the cost to be for summer 2021 demolition. Hetzler notes that when TRC gave their price for what they thought would be Phase 1 work (based on estimated hours) they did very well compared to that estimate. B. TRC; change order $8,554.00. This will be moved to the January agenda as it needs to be approved by the committee for a Budget Transfer.  12/12/2019 Page 6 C. Motion by Kristie Byrd and seconded by Richard Pelletier for a TSKP Budget Transfer (MACCHI Engineers) of $850.00 for 10% TSKP Fee. Invoice $8,500.00 + $850.00 for a total of $9,350.00. The motion was approved unanimously. (Councilman Gene Nocera Returns to the Meeting) 6. Construction Updates (Agenda Item 5.1-5.2) 5.1 James Mastroianni; Acting Fire Marshal, South Fire District offers any insight the committee may need in regard to the SFD letter of recommendation for additional smoke detectors. This was a letter presented at the Nov 21, 2019 committee meeting. Councilman Pessina states that at the last meeting it was the desire of the committee to follow the Fire Marshal recommendation with concern for maximum safety measures for the children. TSKP put together unit prices pending the decision of the committee. If the committee would like to move forward Randall will present a hard number to the committee with CO. This will be about 300 smoke detector heads with an additional annual maintenance cost of approximately 15-20thousand (current WW annual maintenance cost approximately 7 thousand). South Fire states for the record that the current plans are sufficient and compliant. Their suggestion is based on past history of significant fires. After a meeting between SF and TSKP it was the consensus that adding the additional detectors should not be done partially for cost purposes but should be the complete additional recommended detection. Pessina asks if the additional 300 heads are reimbursable by the state. Dan Hetzler thinks it is highly likely reimbursable because it is a recommendation from the fire department. Committee will review at next meeting and moving forward. 5.2 O&G Construction Update by Joe Vetro. Project is currently breaking ground, moving top soil at this point. Probably will be digging foundation at the beginning of the year. One month behind but they feel like they will make it up. 6.4 – PH2 Trade Contract Review/Approval A. O&G; Construction GMP and total project summary cost review Dan Hetzler presents committee with bid results of guaranteed maximum price. O&G was at the receiving bids stage and providing committee with bid results and updated estimates. Now they are at a contractual obligation stage to move from estimates to a construction hard cost verification known as guaranteed maximum price. The document provided to the committee is what will become an AIA change to the agreement with O&G.  12/12/2019 Page 7 Guaranteed max price is an amendment to the contract the city currently has with O&G. Part of the process is for the committee to select the alternates that were bid for extra scopes of work. Dan explains to the committee the GMP Amendment Cost Summary Exhibit A1: -Site and Building Construction Costs - General Conditions and Reimbursements - Contingency - C.M. Insurance and Bonds - C.M Fee The total GMP Cost is $76,055, 287. This number is the new payment application contract sum. As this gets approved this will become the new figure but will be modified by alternates. Hetzler and Elise McDermott discuss why the GMP and Remaining Funds balance differ. Hetzler explains that these are different accountings and the financial budget is already encumbering what Hetzler has encumbered in his GMP. This is part of the complication of separating a Phase 1 and Phase 2 project. Hetzler states that once the encumbrances and soft costs are logged in as a PO what we will end up with are the same bottom line numbers. Councilman Gene Nocera asks about any bidding outliers. The flooring package came out too high and O&G would like to take it back out to bid. TSKP will change the basis design for the flooring (which is the same as some flooring currently in MHS). This will not reduce the value or quality of the flooring but will open up to more bidders. In the case of the Fire Protection System the second bidder submitted a protest letter stating that the top awarded bidder did not meet the Middletown Bid Form Requirements. It is on record that O&G is aware of the anomalies (which were present in most bid packages) and believes the bidder gave all necessary non waivable items. It is on record that O&G believes the bidding process is fair and transparent and the City Legal Department is fully aware of the situation and are fully supportive of O&G and their current bidding process. Motion by Jeanette Blackwell and seconding by Gene Nocera to approve the rebidding flooring package 2.09F. The motion was approved unanimously. Patrick McKenna: Middletown resident and Clean Energy Task Force representative. Asks for clarification on GMP and as it stands does GMP include budget cost for flooring. Dan Hetzler states GMP includes worst cost with the 2.26Million Flooring cost and any savings with that through the rebid will go toward the contingency. O&G are expecting a $500,000 savings after the rebid process. McKenna asks if linoleum was included in alternates. Randall Luther; TSKP states that the committee decided to go with LVT.  12/12/2019 Page 8 B. Review/Approval of bid document alternates Exhibit C Motion by Philip Pessina and seconded by Gene Nocera to authorize the subcommittee to move the GMP document forward to the city for signature based on the accepted alternates and the changes that come from the dollar value to the contract. The motion was approved unanimously. When deciding on alternates Dan Hetzler states that the current project budget is currently under the referendum amount but the committee should keep in mind that there are still possible added smoke detection and Eversource potential costs for relocating overhead wires to underground along Hunting Hill Rd. Even with those smoke detections and wiring costs the budget is still in a healthy position. These alternates need to be decided on and Eversource will need to be contacted by O&G for wiring replacement. Motion by Sheila Daniels and seconded by Richard Pelletier to reject Alternates B1-B5. Randal Luther; TSKP states that it is his opinion that these items should be rejected if the budget allows. The motion was approved unanimously to reject the following Alternates: B1. Provide M43 partition in lieu of retractable acoustical wall panels (the current retractable acoustical wall panels in the plan are costly but will provide the new middle school with flexible learning environments which are in line with the Superintendents vision for Middletown’s educational initiatives) B2. Delete photovoltaic panels and supports B3. Provide revised loose theater equipment models for Detail 4 on Sheet XT-5.01 B4. Provide painted exposed structure and MEP in lieu of wood ceiling B5. Provide formed metal panels in lieu of metal panels spec 072413 Motion by Philip Pessina and seconded by John Giuliano to approve Alternate B6 to Provide 90 mil EPDM and 30 year warranty. Randal Luther; TSKP says this particular item is a good thing to do if the money is there. Peter Staye states that if this item is approved it will extend the roof warranty by 10 years. The motion was approved unanimously. Motion by Jeanette Blackwell and seconded by Gene Nocera to approve Alternate B7 to Provide porcelain tile in lieu of Brownstone veneer. The sample surface for the cafeteria walls came back too grooved and rough and would be too hard to clean. They came up with an alternate smooth porcelain tile which saves money and TSKP recommends. The motion was approved unanimously. Alternate B8 to provide welded/flanged hydronic piping in lieu of grooved. Randall Luther; recommends from a cost perspective to table this item until Jan27 and Dan Hetzler will speak to the contractor to potentially extend the bid price. The committee agreed by consensus to table this item until the Jan27 meeting.  12/12/2019 Page 9 Motion by Gene Nocera and seconded by Richard Pelletier to approve Alternate B9 to Provide smoke detection devices in Auditorium. The motion was approved unanimously. C. Trade contract award authorization Motion by Jeanette Blackwell and seconded by Gene Nocera to authorize O&G to enter into an agreement with the recommended trade contractors as identified in the Trade Contractors Summary presented in the GMP (with the exception of flooring). The motion was approved unanimously. 7. Discussion The Current WWMS Cafeteria. Councilman Gene Nocera states that the City is interested in keeping a cafeteria as part of the remaining old WW structure (pool and gym) for city recreational purposes. This would not be part of the Building Fund but would be part of the discussion moving forward to see if the existing cafeteria can be kept or a new cafeteria could be added. It is the opinion of TSKP and the building committee that it may be more effective to remove the old cafeteria and attach a new smaller cafeteria to the existing structure. TSKP presents the current building plans and how they would be impacted by keeping the current cafeteria structure for City Usage. TSKP will put together a plan and study and report back. Standing item on the agenda. 8. Adjournment Motion by Jeanette Blackwell and seconded by Gene Nocera to adjourn at 8:32 pm. The motion was approved unanimously. Respectfully Submitted, Erin Thazhampallath Recording Secretary