Thursday, December 3, 2009
Wayland Town Building
School Committee Conference Room
HSBC members: Lea Anderson, Josh Bekenstein, Dianne Bladon, Jim Howard, Fred Knight, David Lash, Joe Lewin, Cindy Lombardo, Eric Sheffels, Jennifer Steel
Absent: Brian Chase, Mary Lentz
HMFH Team: George Metzger, Steve Millington
KVA Team: David Saindon, Frank Vanzler
Ex Officio members: Joy Buhler, Louis Jurist, John Moynihan, Pat Tutwiler
Call to order – HSBC Chairman, Lea Anderson, called the HSBC meeting to order at 7:10 p.m.
Town Election and Special Town Meeting results:
Lea reported the results of the debt exclusion vote on November 17.
Yes 2,602 70%
The Special Town Meeting vote on Article 2 on November 18:
Yes 1,481 94%
On behalf of the HSBC Lea thanked the community for its strong support of the Wayland High School project and committed to managing the project well. She thanked the committee members and consultants for all their hard work and passed along the numerous compliments the HSBC has received for their years of service. Steve expressed HMFHÕs appreciation for the positive outcome.
Update – Lea reported on two meetings held since the last HSBC meeting:
1. Land Use Committee met on Nov. 10. Steve Millington, David Saindon and Lea attended to give an update on the high school project. Joy Buhler and John Moynihan are members of the Land Use Committee along with department heads from Planning, DPW, Recreation, Board of Health, Public Safety (fire and police), Roads, Conservation, and the Building Inspector. Dan Bennett advised us to:
á Write a letter describing the need for the 43 foot high roof over the fly space for the stage.
á Prepare a parking space analysis that proposes a reasonable number of spaces to meet the high school needs.
Lea reported that the Board of Health would appreciate an update on the project at a meeting in the very near future.
2. Build Boston offered a session on CM at Risk in the public sector (Chapter 149A) on Nov. 19. Attending from Wayland were Joy Buhler, Cindy Lombardo, Jennifer Steel, Jim Howard, and Lea Anderson. George Metzger, Steve Millington, and David Saindon also attended. The session included a report on a survey performed by the Inspector GeneralÕs office of project owners who have used 149A recently. The results point to mostly positive outcomes. The complete report is available at mass.gov/ig/publ/cmatrisk.pdf.
1. Contracts – David reported that the contracts for KVA and HMFH are being developed. MSBA does not have a contract for CM at Risk, so both KVA and HMFH are researching how to approach the contract. Eric proposed that the old contracts be closed out, as they applied to Feasibility and Schematic Design. He suggests that new ones be developed by deleting everything that has to do with Feasibility and Schematic Design and reflecting CM at Risk. On the suggestion of John Moynihan, Lea will check with Town Counsel to make sure there is no issue with procurement if the old contracts are closed out.
Fred Knight requested that the HSBC receive a budget report on a monthly basis. David will work with Lea to develop a format to present to the committee. Eric reminded the group that we have to determine how to handle decisions in many other areas.
2. Project Scope and Budget Agreement - Lea reported that the PSBA is ready to be sent to MSBA. The PSBA is the confirmation of the MSBA Board decision of Sept. 30th. Wayland held off executing it until Special Town Meeting passed Article 2. It will be sent to MSBA on Friday, Dec. 4.
3. Project Funding Agreement - David reported that he is in contact with John Jumpe at MSBA about the PFA. He assumes that attachments will include all the work done so far as well as the Value Engineering (VE) log and the reduced square foot plan as promised to MSBA. Lea reported that the vote certifications have been sent to MSBA.
4. Permitting and town approvals – Lea informed the HSBC that John Moynihan has offered to play an active role in coordinating contact with land use departments. Dianne Bladon requested a schedule of meetings.
á Board of Health has requested a meeting to be brought up to date. Steve said that information on the WWTP will be ready in a week or two.
á Planning Board should be visited. John suggests that Steve send a letter to Dan Bennett on the height of the roof area over the stage fly space (noted earlier) before a meeting with Planning.
á Conservation Commission permitting process started today with the submission of the ANRAD (Abbreviated Notice of Resource Area Delineation). The Concom will hold a hearing on Thursday, Dec. 17. Jennifer Steel reminded the HSBC that the project has to be permitted under state law and under the town by-law. DEP has cut staff by 36 employees. She suggested soliciting Brian MonahanÕs concerns and need for other information. She does not think it is helpful to lobby individual members of Concom. John will talk to Brian.
5. CM Procurement - Lea reported that the Inspector General approved WaylandÕs application for CM at Risk on Nov. 10 and that the HSBC is now able to make the decision on going ahead with CM at Risk. Discussion followed:
á CM at risk does not seem a slam dunk. It might cost more than Design Bid Build and the risk is to the owner.
á This might be true, but the benefits far outweigh the negatives especially regarding
- getting to pick the General Contractor from a much stronger pool of qualified companies
- a faster construction process overlapping design
- extraordinarily favorable time to buy
á From a purely administrative perspective it is a nightmare, but it saves time and money in the long run. It allows us to have a construction pro sitting with us making decisions early on.
á Interest rates are very low now. This helps us.
John reminded the group that CM at Risk in the private sector is very different from Chapter149A. We still need to put out filed sub bids of 17 trades.
Frank reiterated his positive experience with Chapter 149A projects. George said that until recently Chapter 149 (Design Bid Build) was all that was allowed. DCAM (Department of Capital Assets Management) has adopted 149A whole heartedly.
Motion: A motion was made by Eric Sheffels and seconded by Josh Bekenstein to adopt Chapter 149A CM at Risk for the Wayland High School project.
Vote: The motion was approved unanimously: 10 in favor, 0 opposed.
It was reported that Brian Chase has recused himself from the HSBC during the CM procurement.
David reviewed the CM at Risk procurement process.
á The HSBC appoints a pre-qualification committee composed of a member of the design team, owners project manager, and at least two HSBC members.
á A RFQ (request for qualifications) ad will be placed in the Central Register, local newspapers and COM-PASS on Tuesday, Dec. 11 pending approval by the School Committee on Monday night.
á The pre-qualification committee reviews SOQs (Statements of Qualifications) and selects those firms it deems qualified (first week in January).
á Qualified firms will be asked to submit a Proposal in response to a detailed RFP (Request for Proposals) and will be interviewed (end of January).
á The pre-qualification committee will recommend a short list to the HSBC.
á The HSBC will appoint a Selection Committee (could be whole HSBC) who interviews the finalists and makes the selection (by early February).
á CM on board by Feb. 19th
Motion: A motion was made by Josh Bekenstein and seconded by Cindy Lombardo to appoint Steve Millington, David Saindon, Joe Lewin, Eric Sheffels, Joy Buhler, and John Moynihan to the pre-qualification committee.
Vote: The motion was approved unanimously: 10 in favor, 0 opposed.
6. Independent legal counsel - Eric asked the group to consider whether we need legal counsel to go through this CM at Risk procurement. Suggestions followed:
á Ask Mark Lanza about his ability to handle CM at Risk.
á Mary Lentz is a good person to do a legal assessment. (Lea will ask Mary.)
á KVA has worked with Bob Garrity.
1. Square foot reduction to 154,350 - Steve Millington reported that he and the design team have found ways to get the square footage to the size required by MSBA for the Project Funding Agreement.
2. Steve will write letters to Building Inspector, Dan Bennett, on the building height required by the fly space over the stage and the parking count.
3. Detailed Design meetings with the WHS staff will be scheduled starting next week. This will be another opportunity for staff to talk about details of the space. Steve said that there will also be more broad meetings relating to various aspects of the project such as technology, exterior, etc. Discussion ensued:
á When will HMFH close off requests for changes?
á How are we going to move this expeditiously?
á Joy and John requested that they handle furniture purchases off the state bid list to save money.
á We need to make sure we are not setting expectations we cannot meet. The VE log has changed what is included since the last go-round.
á Frank suggested mapping out a game plan with the staff with a drop dead date for input.
á Thursday, Dec. 10 and Friday, Dec. 11 have been set up for meetings. Steve will send the schedule to Lea. Some members of the HSBC might want to attend.
á Is there a way to build in footings for expansion of the buildings in the future? (Ans. No. This is scope creep.)
á Steve said that the square foot cost is about $285.
á Louis Jurist, Chairman of the School Committee, stated that he would be very uncomfortable spending anything more than the scope that is budgeted, even if costs come in lower.
Schedule - David presented a 60 day look ahead that includes:
á Map out project permitting
á CM RFP and RFP
á PFA execution by mid-January
á Design Development deliverables
David also presented a 12 month look ahead:
á CM agreement executed Feb. 19, 2010
á Foundation/Steel Enabling package issued May 31, 2010
á Site Enabling work commences June 28, 2010
á Foundation/Steel package issued July 1, 2010
á Commence Foundation work Sept. 9, 2010
á Buildings A and B Foundations complete Dec. 3, 2010
The group discussed the schedule:
á We must constantly test the schedule.
á This move to CM at Risk means we are working toward a completion date ahead of what weÕve put before the town. We have a 1 in 3 chance of shortening the schedule and wonÕt know until the next few months if that is doable.
á We need to start thinking about setting expectations of parents, students, abutters, and townspeople as we proceed.
á There is an opportunity to save substantial dollars by proceeding quickly. Everything we are doing is on a critical path.
Lea asked David and Steve to schedule a site walk with the neighbors and possibly a tour of another WWTP that uses the same technology as planned for WHS. Eric asked the design team to consider relocation of the WWTP.
Motion: A motion was made by Cindy Lombardo and seconded by Dianne Bladon to approve the minutes to HSBC meeting #86 held on Oct. 29, 2009.
Vote: The motion was approved unanimously : 9 in favor, 0 opposed, 1 abstention
Adjournment – The HSBC adjourned at 9:30 pm.
Next meeting – Thursday, December 17 at 7:00 pm in the School Committee conference room. Conservation Commission hearing is scheduled for 8:30 pm in the Senior Center.
Observers: Ben Foti
Comments from the public: There were no comments.