JOINT MEETING
| | WESTERLY TOWN COUNCIL and | |
| | WESTERLY SCHOOL COMMITTEE COUNCIL CHAMBERS 45 BROAD STREET | |
| WEDNESDAY | MARCH 11, 2009 | 6:30 P.M. |
| | | |
Present:
Co. Pres. Avedesian, Vice Pres. McCuin
Councilors Duhamel, Cooke, Felber, Parrilla
T Mgr. Hartford, T. Sol. Turano, Co. Clk. Giordano
Absent:
Co. Anthony
School Committee Members:
James E. Murano, Jr., Chair, Patricia M. Hartford, David B. Patten, Mary G. Raftery,
Louis Sposato, Jr., Scott A. Bavasso
Absent:
John P. Carson, Sr.
Also Present:
Salvatore J. Augieri, Interim School Superintendent
Jon D. Lallo, Assistant Solicitor for Schools
SALUTE TO THE FLAG – Council President Avedesian
Council President Avedesian and School Committee Chair Murano delivered opening
remarks.
Presentation by Gilbane Building Company
Present: Ronald Fargnoli, Senior Project Executive and J. Michael Kennedy, Vice President from Gilbane
A power point presentation regarding the contract was delivered and explained by Gilbane Building Company. Mr. Kennedy noted the company’s experience in Westerly with the building and renovation of schools and additions to the Westerly Hospital and the benefits of that experience. Mr. Fargnoli explained how the company was selected in 2002, as well as the scope of work for Phase II. It was noted that the request for proposal was an open, competitive process; that the selection was approved by School Committee and Town Council; and that the contract entered into stated that Program Manager shall work for the benefit of the Owner until completion of all phases of the Master Plan. Mr. Fargnoli stated that $13,000,000 was used to make the high school and Babcock Hall a warm, safe and dry environment and that the Phase II estimate came in at approximately $30,000,000 in 2007—condensing of a larger scope of work. It was noted that Gilbane and AZ estimates were just that and not bids and were based on conceptual information and on different scopes of work. It was also noted that the master plan remains consistent with RIDE approval. It was stressed that the Gilbane contract require open public, competitive bidding on all cost of work.
a. Open Forum
1. James Demetriou, 25 Stenton Ave – concern that AZ was $5 million less than Gilbane; do it for less if possible
2. Alfred Sculco, 27 Champlin Dr - concerned about extending contract with no ending date; indebts town; contract could extend twenty years; no one has that authority; violates laws and good will of the citizens; need professionals at the helm
3. Philo Willetts, India Point Road – read his letter to School Committee into the record regarding the long-term contract; ordinance provides for no more than a three-year contract; project must be open to bids
b. School Committee and Town Council Comment
1. Councilor Duhamel – noted a discrepancy between scope of work and cost; agreed with most of Mr. Sculco’s remarks but disagreed with AZ three percent fee to Gilbane’s two percent fee; bottom line is that the town wants the best and cheapest deal; two different scopes were advertised for second bond; not fair to compare the two costs; in town’s interest to explore negotiation with Gilbane for something less than two percent rather that litigate
Mr. Fargnoli explained that the bond must cover any unknowns that may be found during renovation and must provide for contingencies.
2. School Committee Member Raftery – felt that these are just estimates and hopes that settling the contract can be discussed; agreed with Mr. Sculco’s remarks; felt that it is irresponsible not to go to bid since the project has changed
3. Councilor Cooke - noted that town ordinance allows for a maximum three-year contract and questioned the legality of same
4. School Committee Member Sposato – noted that Vision 2020 failed to get bond past; was done by another group; AZ worked its numbers on what group came up with; scope of work was to be based on what independent group provided; working on something other that what Vision 2020 initiated; bond question was “not to exceed $30 million”; did not feel School Committee is bound by contract as Gilbane does; put forth a seven page report that committee was not bound by contract
5. Councilor Parrilla – questioned what percentage of local contractors were used; noted that he would like to use local contractors as much as possible; cheapest is not always best
Mr. Fargnoli noted that local contractors are used as much as possible; that the price selling, materials and energy costs are down; and that labor costs continues to rise.
6. School Committee Member Patton – need legal experts to give guidance on whether Phase II should go out to bid; after a strong team with a fair fee; contract was negotiated in 2002 and a lot has changed; questioned the reason for hiring a project manager
Mr. Fargnoli explained that there was an independent construction attorney retained on the original contract; that services were retained as a result of open competitive process; and that Phase II will be bid the same way and in accordance with town ordinance and state law.
7. School Committee Member Bavasso – felt uncomfortable discussing legal aspects of the contract without Gilbane’s legal representatives being present
8. School Committee Chair Murano – have further deliberations that need to be made before moving forward
Council President Avedesian thanked Gilbane for its presentation. She felt that it was not in the best interest to hold up the project and that a legal opinion be given as soon as possible as to what next step should be.
Town Manager noted that the town and Gilbane are not going to change their opinion that town is not bound by contract; that another legal opinion will not get the town and school any further; that a disagreement will lead to a legal dispute; and that there is a need to discuss how a legal opinion will be obtained that will lead to construction. He recommended that this matter be referred to the Building Committee to work through issues with Gilbane and report back to the School Committee with a recommendation.
It was the consensus of the School Committee to agree with the Town Manager’s recommendation and that the School Committee will meet in Executive Session next week
8:35 P.M. Voted Unanimously to adjourn.
ATTEST:
Donna L. Giordano, MMC
Council Clerk
Details of the aforesaid proceedings are available on the tape record of said meeting.