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Home My WebLink About2012-7-18 7cop Town of Nantucket NANTUCKET MEMORIAL AIRPORT 14 Airport Road Nantucket Island, Massachusetts 02554 Thomas M.Rafter,Airport Manager ACS... Commissioners Phone: (508)325-5300 Daniel W.Drake,Chairman Fax: (508)325-5306 Arthur D. Gasbarro,Vice Chair David C.Gray, Sr. Sonny Raichlen Jeanette Topham AIRPORT COMMISSION MEETING n 7/18/12 ---1 L c c The meeting was called to order at 4:00 PM by Chairman Daniel W. Drak with the Bowing Commissioners Present,Vice Chair Arthur D. Gasbarro,David C. Gray, SSyanc onnnRaichlen. Jeannette Topham was absent. o =Z0 — rrl The meeting took place in the 2nd Floor Training Room at the Public Safe&Faty, Fairgrounds Road. c) r- N.) Airport staff members present were Thomas M. Rafter,Airport Manager a@ Jae Torres, Administrative Assistant to the Airport Manager. Also present were the Airport's Owners Project Manager(OPM),Mike Josefek and Pete Koczera of Architectural Consulting Group,the Architect,Bill McGuire of Nantucket Architecture Group, the General Contractor,represented by Ron MacLachlan and Jeff O'Neill of Baybutt Construction. Mr.Drake announced the meeting was being recorded. Mr.Drake asked for a moment of silence for the passing of Selectman Whitey Willauer. The Commission M/S/P Unanimously approval of the Agenda. Review&Discuss GA/Admin Building Construction Mr.Drake asked Mr.Josefek to give his report first, followed by Mr.Rafter and finally Mr. MacLachlan but encourages questions during the process. Mike Josefek reviewed his report distributed at the meeting which indicated: • Baybutt has failed to pay the sub-contractors for the work performed in April,May and June, a violation of the Contract and M.G.L. c. 149. Baybutt has indicated in writing they can have payments made by July 29th. • Baybutt has not submitted the lien releases for the April and May Payment Requisitions (PayReq) • Baybutt has yet to submit a PayReq for June • Schedule approximately 6 to 8 weeks behind Mr.Josefek reported the Airport can take three(3)courses of action: • Terminate the contract • Call the Bond • Process the June PayReq when submitted and hold check until Baybutt provides the April,May and June lien releases. Mr. Josefek recommends the following: • Allow Baybutt until 7/29/12 to bring all accounts current. • During now and the 29th, require Baybutt to submit a recovery plan indicating how they will complete the project in time and on budget, including written participation from the Subs • Sr.Project Manager and/or Principal must participate in weekly construction meetings • A certified letter to both Baybutt and the Bonding Company be sent Mr. Rafter questioned if the schedule could recover with a 10-day delay compounded on top of a schedule already 8 weeks behind. Mr. Drake added with only 12 weeks to go. Mr. Josefek thought they could. Mr. McGuire added not all aspects of the job are 8 weeks behind. Mr. MacLachlan felt it was more like 5 weeks. Mr. Raichlen questioned the financial stability of Baybutt. Mr. MacLachlan was unable to answer based on his position in the company being non-financial; but, reported none of the other Baybutt projects were in this position. All Commissioners expressed their disappointment at the absence of Mr. Baybutt. Mr.MacLachlan did acknowledge that financial disciplines must take place and feels the certified letter is appropriate and feels a recovery plan can be achieved by the 29th Discussion moved to strongly requesting attendance by Mr. Baybutt at the July 24th Commission Meeting. Mr. Josefek felt it was feasible for Baybutt to have the recovery plan completed and presented at that meeting. Mr.Drake asked what the consequences were if the Bond is called. Mr. Josefek explained the job would halt, for at least two months, while the Bonding Company reviewed all aspects of the project. The Bonding Company becomes the General Contractor and may continue to use Baybutt or bring in other contractors. Mr. Koczera added with the latter, the budget will most likely be exceeded and will attempt to recover any losses through Baybutt. After brief discussion the Commission M/S/P Unanimously to accept the recommendation of the OPM and adopt the following actions: • OPM to write letter to Baybutt requesting a written recovery plan as described in their Report • Town Counsel to write to the Bonding Company putting them on notice • Chairman, on behalf of the Commission, conveys to Mr. Baybutt the importance of the July 3o deadline for both the payments to the Sub-contractors and the recovery plan, including: o An update on the status of payments and recoveyr plan at the 7/24 Commission Meeting, o A Baybutt representative who can speak on the Company's financial matters be present at Commission meetings, Airport Commission Minutes 7.18.12 Page 2 of 3 o The Sr. Project Manager or equal management participates at least remotely, in the weekly construction meetings. • Call the Bond on June 30thz should the 7/29 deadline not be met. • A one-time exception will be allowed to pre-process the June Pay Requisition without the required lien release with the normal process will resuming for the July Pay Requisition. Ms. Torres verified all future payments to Baybutt will be by check only,not by money transfer. Public Comment None. Meeting adjourned 4:03 PM. ----R-spectfully submitted, Janini M.Torres,Recorder Master List of Documents 7/18/12 Agenda Architectural Consulting Group Report dtd 7/18/12 Airport Commission Minutes 7.18.12 Page 3 of 3