Thursday, October 1, 2009
Wayland Town Building
School Committee Conference Room
Attendees
HSBC members: Lea Anderson, Brian Chase, Jim Howard, Fred Knight, David Lash, Mary Lentz, Joe Lewin, Eric Sheffels, Jennifer Steel
Absent: Josh Bekenstein, Dianne Bladon, Cindy Lombardo
HMFH Team: Steve Millington
KVA Team: Frank Vanzler, David Saindon
Ex Officio members: Joy Buhler, Gary Burton, John Moynihan
Call to order – HSBC Chairman, Lea Anderson, called the HSBC meeting to order at 7:08 p.m.
Project update - David Saindon reported on the follow-up contact with MSBA after our last meeting and prior to their Board Meeting. The budget working group held several Òbudget charettesÓ after the last HSBC meeting and resubmitted the budget on Monday, Sept. 21st. We didnÕt hear anything for a week, but were assured on Tuesday of this week that we were on the MSBA agenda.
Report on MSBA Board of Directors meeting: Lea reported that yesterday the MSBA Board of Directors approved WaylandÕs project scope and budget at $70.8 million with a grant of $25 million. The MSBA approved $600 million worth of projects on Wednesday with $321 million worth of grants. Treasurer Tim Cahill was very upbeat about the program and complimented the MSBA staff for their effort to keep project costs down. He assured the districts that the money is available. Mary Pichetti presented summary information on each of 15 schools and the board approved them en masse. Lea asked Dr. Burton to write a letter to Katherine Craven thanking the MSBA for their help on the Wayland project, especially noting the huge effort by Mary Pichetti and John Jumpe. They were understanding of our unique situation, focused on the task, and very professional and respectful.
Construction Manager at Risk discussion - Frank Vanzler led the discussion on Construction Manager at Risk (CM-R). He said that KVA had been encouraged by Eric Sheffels to look at ways of shortening the project schedule to completion in 2012 or even 2011. This would save significant cost and disruption to the school and neighborhood. He explained that the options are to choose CM-R or Design Bid Build (DBB). George and Steve are not convinced it is the right idea. Frank is looking to start the process with the Inspector General (IG) to give us the option of using CM-R. The time leading up to Town Meeting can be productively used on the IG approval process which typically takes four weeks.
With CM-R the Construction Manager or General Contractor (CM/GC) is brought in during the design process to work with the architect as design documents are being developed. Frank explained that CM-R speeds up the process by allowing separate package design and bid process. The owner can bid out the front end pieces while the back end is still being designed. This is fast-tracking. Chapter 149 (DBB) requires waiting until the design is 100% complete before bidding.
Frank sees the Wayland project as having five distinct parts:
Discussion followed:
á CM-R gives flexibility to package jobs in smaller pieces.
á Chapter 149 (DBB) requires taking lowest bidder CM/GC; chapter 149A (CM-R) allows selection based on qualifications as well as price.
á Chapter 149 uses the filed sub bid approach where subs are assigned to General Contractor. Chapter 149A allows CM to be part of sub pre-qualification process.
á HSBCÕs support tonight would give us the option of going CM-R. Selection of CM-R can take 3 months.
á Architects would love it if we left them alone to design.
á Steve Millington pointed out that we were discussing two issues: CM-R and fast-tracking. He reported that his experience with CM-R has not been positive, but that it might be different with this project. The problem has been with CMs Òbleeding a project to deathÓ. He laid the blame on weak OPMs.
á Frank reported that he has had very positive experiences with CM-Risk. Salem High School was a successful project.
á Joe Lewin said that there is much more control in picking a GC. It is a qualifications based selection.
á Eric Sheffels said that the cream of the crop contractors have come back to public school construction with the enactment of 149A. They refused to bid on Chapter 149 projects.
á Frank is seeing GCs like Dimeo, Skanska, Suffolk, and Turner in the business.
á When hiring a contractor for pre-construction, the contractor owns what is on the drawings or what is Òreasonably inferred from the drawingsÓ.
á It takes a strong owner to do this.
á DBB will not optimize the schedule.
á The risk on our project is delay.
á Public sector is catching up.
á Fast track will cost more up front, but save money on the total project.
á Can we go to second GC if negotiation with first one fails? (yes)
á LetÕs keep the option open.
Motion: A motion was made by Mary Lentz and seconded by Joe Lewin to authorize the OPM, KVAssociates, to commence with the procurement process for the option of hiring a Construction Manager at Risk for the Wayland High School Revitalization Project in accordance with procedures set forth by Chapter 193 of the Acts of 2004, 149A and the Inspector GeneralÕs Office of the Commonwealth of Massachusetts.
Vote: The motion was approved unanimously; 9 in favor, 0 opposed.
KVA will put together a packet for the Inspector General this coming week.
Frank noted that the best projects are the ones that advance quickly, but ownership has to be decisive.
Discussion on current phase expenditures – Eric recommended allowing the expenditure of some of the contingency funds in the Feasibility/Schematic phase during this gap period before the election, especially for the OPM. There will be an intense scheduling effort to be able to be ready to move quickly after a successful vote. Lea reported that the contingency is $18,717, some of which will be spent on communications leading up to the election. She will check with Dianne Bladon on the amount needed. There was consensus from the HSBC on EricÕs request.
Project Funding Agreement and other contracts - The HSBC discussed the signing of contracts if there is a positive outcome in November. Mary Lentz pointed out that the Project Funding Agreement might have the same indemnification language as the Feasibility Study Agreement. Town Counsel had advised us last spring that the indemnification of MSBA is not enforceable in Wayland, and that we should request Town Meeting to authorize the School Committee to enter into the FSA. Lea agreed to contact Mark Lanza in case we need to be prepared to do the same this time. She will ask for a broad authorization so that other MSBA contracts can be signed.
Other things –
á David Saindon reported that the DESE package for Special Education has to be approved before the PSA can be signed. Dr. Burton agreed to put some pressure on.
á Lea asked the group to discuss changing the schedule being presented at forums and meetings to line up with our latest thinking on project completion in 2012. Frank and David agreed that 2012 is achievable even without CM-R. The group reached consensus to present 2012 for project completion.
á Lea reported that Paul Grasso will be responsible for the Finance Committee comments in the warrant. Finance Committee is working on tax impact analysis.
á Dianne will contact Steve about the number and type of drawings needed for the presentations and displays. There was a strong sense that we should put displays in all schools, the Town Building, and Library.
Key dates are:
á 10/5: BoS meeting with PetitionerÕs Workshop
á 10/5: FinCom meeting; article hearings with departments, committees and petitioners
á 10/5: BoS/FinCom meeting to discuss fiscal capacity for debt exclusion question
á 10/8: 9:00 am, CH PTO meeting with HSBC presentation
á 10/8: 7:00 pm, Wayland Middle School PTO with HSBC presentation
á 10/13: Board of Selectmen vote debt exclusion ballot question
á 10/14: 9:00 am, Loker/HH PTO meeting with HSBC presentation at Loker
á 10/15: 7:30 pm, first HSBC forum in large hearing room
á 10/20: deadline for comments for warrant articles
á 10/20: 9:30 am, second HSBC forum (School Committee conference room)
á 10/28: meeting requested with Conservation Commission
á 10/30: 7:30 am, WHS PIE with HSBC presentation
á 11/2: Warrant is mailed; HSBC mailing with STM information
á 11/9: BoS Warrant hearing
á 11/17: Special Election for debt exclusion ballot question
á 11/18: 7:30 pm, Special Town Meeting
á 11/19: 7:30 pm, Special Town Meeting continues if necessary
Motion: A motion was made by Jennifer Steel and seconded by Jim Howard to approve the minutes to HSBC meeting #83 held on September 17, 2009.
Vote: The motion was approved : 7 in favor, 0 opposed, 2 abstentions
Adjournment – The HSBC adjourned at 8:42 pm.
Next meeting – HSBC Forum on Oct. 15 at 7:30 pm in the Large Hearing Room
Observers: Deb Cohen
Comments from the Public: Deb Cohen, member of the Wayland School Committee, thanked the HSBC for successfully getting to a Project Scope and Budget approval with MSBA.