OCTOBER 19, 2006

ATTENDANCE: Douglas Sutton, Chairman; Gwen Briggs, Nicholas Kydes,
Kevin Poruban, William Krummel, Douglas Hempstead (8:25 p.m.)

STAFF: Alan Lo, Building and Facilities Manager

OTHERS: Rev. Phyllis Bolden, Council Member; Carvin Hillard, Council Member; Attorney Frank Zullo, Matt Breslow, The Advocate;
Robert Koch, The Hour, Mark Gorian, John Hawley, Gilbane

CALL TO ORDER

Chairman Sutton called the meeting to order at 7:35 p.m.

I. ROLL CALL

Mr. Lo called the roll and announced that there was a quorum present.

** MR. KRUMMEL MOVED TO SUSPEND THE RULES TO ADDRESS AGENDA ITEM VA - THE ISSUE OF THE SOUTH NORWALK LIBRARY FIRST.
** THE MOTION PASSED UNANIMOUSLY.

V. MISCELLANEOUS/DISCUSSION ITEMS

A. South Norwalk Library

Mr. Krummel said that he fully respected the desire of the Second Taxing District to honor their chairman by naming the newly renovated South Norwalk Library after him, but that two additional statutes needed to be considered. He then cited the two sections, CT Statute 11-33 (Boards of Libraries) and Norwalk Code 87.1 ( Norwalk Public Library Board).

Mr. Krummel stated that additional information had been discovered in the Connecticut State Statutes and that he would like to have the Corporation Counsel evaluate and render an opinion on the newly discovered section.

** MR. KRUMMEL MOVED TO TABLE THE TOPIC OF THE SOUTH NORWALK LIBRARY TO ALLOW CORPORATION COUNSEL TO CONSIDER AND RENDER AN OPINION ON TWO ADDITIONAL STATUTES UNTIL THE NOVEMBER 16, 2006 MEETING.
** THE MOTION PASSED UNANIMOUSLY.

II. MINUTES OF PREVIOUS MEETING(S)

September 21, 2006

** MR. PORUBAN MOVED TO ACCEPT THE MINUTES OF THE SEPTEMBER 21, 2006 MEETING AS SUBMITTED.
** THE MOTION PASSED UNANIMOUSLY.

III. OLD BUSINESS

There was no old business to discuss.

IV. NEW BUSINESS

A. NFCC Referrals

1. Review and refer the following to the Common Council:
“a. Authorize to increase contingency allowance for the West Rocks School Boiler Replacement Project, asbestos abatement work performed by New England Services, LLC, by $21,540. Acct. #09045010 5777 B0291

b. Authorize the NFCC to issue change orders for a total not to exceed approved contingency allowance.”

Mr. Gorian reviewed the situation for the members of the Committee and explained that unidentified materials had been discovered in the fire boxes of the boiler. Tests were inclusive as to whether the material contained asbestos, so it was decided to abate the material as if it did in fact contain asbestos.

Mr. Krummel wished to know if there had been a formal hazmat survey done. Mr. Gorian replied that one had been done, but that the fire boxes of the boiler are not accessible. He also informed the Committee that the Board of Education has an asbestoses plan, which is updated regularly. Additional testing has been performed since 1992 to identify hazardous materials. Mr. Krummel asked if it would have been safe to assume that there was asbestos used in the older systems. Mr. Gorian replied that while one could make that assumption, there was no way to estimate a dollar amount. He also said that this was the first time that the Board of Education had encountered a situation like this.

**MR. KYDES MOVED TO APPROVE THE REFERAL OF THE FOLLOWING TO THE COMMON COUNCIL:

“A. AUTHORIZE TO INCREASE CONTINGENCY ALLOWANCE FOR THE WEST ROCKS SCHOOL BOILER REPLACEMENT PROJECT, ASBESTOS ABATEMENT WORK PERFORMED BY NEW ENGLAND SERVICES, LLC, BY $21,540. ACCT. #09045010 5777 B0291

B. AUTHORIZE THE NFCC TO ISSUE CHANGE ORDERS FOR A TOTAL NOT TO EXCEED APPROVED CONTINGENCY ALLOWANCE.”

** THE MOTION PASSED UNANIMOUSLY.

2. Refer the following to Common Council for approval:
“Authorize the Mayor, Richard A. Moccia, to execute an amendment to Fletcher Thompson’s architectural/engineering design services contract for the Brien McMahon High School/Center for Global Studies Project, for additional compensation related a contract amount discrepancy in the amount of $342,500.00. Acct #0902/03/04 5010-5777-C0237.”

Mr. Lo explained that the initial assessment and feasibility study had caused some confusion and was mistakenly included in the Contract Amendment, which neither the City nor Fletcher Thompson had noticed. He also briefly reviewed the situation regarding the failed bamboo flooring and the inadequate lighting in the Center for Global Studies, which has been discussed with Fletcher Thompson. The amount of $15,000 was deducted from the original claim of $357,500 as a negotiated settlement.

Mr. Krummel had several questions about the discrepancy amount and both Mr. Hawley and Mr. Lo reviewed the numbers with him. Mr. Hawley assured Mr. Krummel that he had reviewed the spreadsheets with Atty. Beltz-Jacobson, Corporation Counsel Nolan, Mr. Lo and others to verify the math.

Mr. Krummel asked why a fourth amendment had been needed for civil engineering services. Mr. Hawley explained that the design drawings had indicated that a fifteen inch pipe ran below the football field, which would carry water away from the building. When an inspection was done, it was discovered that the fifteen inch pipe was in reality only twelve inches, which required that the water flow patterns be rerouted. Mr. Krummel asked why an inspection of the pipe had not been done earlier. Mr. Lo replied that the change of pipe diameter was not indicated on the drawings or plans, so they had no reason to believe it was not a fifteen inch pipe. When it was discovered that the pipe was smaller, an inspection of the pipe section was done via a camera.

Mr. Krummel expressed concerns regarding overall design deficiencies which resulted in change orders. Mr. Hawley explained that there was a professional standard of care, which assumes that there would be an element of inexactitude when dealing with design services. Mr. Krummel asked if this had been discussed with Corporation Counsel. Mr. Hawley replied that it had been discussed along with the cumulative changes to the total project. He also reminded the Committee that the amendments had been negotiated by the Selection Committee at the time and had already been approved by the Common Council. Mr., Krummel asked if a running summary of changes had been kept and if the sum was enough to pursue in court. Mr. Hawley replied that all the change orders had been carefully evaluated. He reiterated that the Corporation Counsel had reviewed the information and that the Corporation Counsel concurred that there was insufficient value to purse in court.

Mr. Krummel stated for the record that he raised the question about the accumulated list of Requests for Information that were required of Fletcher Thompson during the contract and asked that a running summary be kept in order to see if the sum was sufficient to be worth pursuing legally. Mr. Krummel went on to say that Mr. Hawley has assured us that consideration has been given to this matter and they are of the opinion that more would be lost by pursuing this legally than what would be gained.

** MS. BRIGGS MOVED TO REFER THE FOLLOWING TO COMMON COUNCIL FOR APPROVAL:
“AUTHORIZE THE MAYOR, RICHARD A. MOCCIA, TO EXECUTE AN AMENDMENT TO FLETCHER THOMPSON’S ARCHITECTURAL/ENGINEERING DESIGN SERVICES CONTRACT FOR THE BRIEN MCMAHON HIGH SCHOOL/CENTER FOR GLOBAL STUDIES PROJECT, FOR ADDITIONAL COMPENSATION RELATED A CONTRACT AMOUNT DISCREPANCY IN THE AMOUNT OF $342,500.00. ACCT #0902/03/04 5010-5777-C0237.”
** THE MOTION PASSED UNANIMOUSLY.

Mr. Hempstead arrived at 8:25 p.m.

3. Refer the following to Common Council for approval:
“a. Authorize to increase the contract contingency allowance for West End Movers (moving services at Columbus School) in the amount of $4,707.68. Acct. #0904-5010-5777-B0311
b. Authorize the NFCC to issue change orders on the contract for a total not to exceed the contingency amount.”

Mr. Hawley reviewed the situation surrounding this change order with the Committee. One of the unforeseen factors was that when the initial tour of the facility had been done, the movers asked if they could use the elevator for moving the items from the basement. No one realized that the elevator was also being replaced and not scheduled to be back in service until after the items were returned to the basement. Despite this, the movers had the items returned to the basement on time.

**MR. SUTTON MOVED TO REFER THE FOLLOWING TO COMMON COUNCIL FOR APPROVAL:
“A. AUTHORIZE TO INCREASE THE CONTRACT CONTINGENCY ALLOWANCE FOR WEST END MOVERS (MOVING SERVICES AT COLUMBUS SCHOOL) IN THE AMOUNT OF $4,707.68. ACCT. #0904-5010-5777-B0311
B. AUTHORIZE THE NFCC TO ISSUE CHANGE ORDERS ON THE CONTRACT FOR A TOTAL NOT TO EXCEED THE CONTINGENCY AMOUNT.”
** THE MOTION PASSED UNANIMOUSLY.

B. OFFICE OF BUILDING MANAGEMENT

1. Review recommendation for carpet replacement in City Hall and refer the following to the Common Council for approval:
“a. Authorize the Mayor, Richard A. Moccia, to execute an agreement with BKM Enterprises, Inc. d/b/a BKM Floorcovering, for Phase II carpet replacement at Norwalk City Hall for a total not to exceed $127,603.00. Acct. #09037100 5777 C0268 and #09074071 5777 C0268.
b. Authorize the Office of Building Management to issue Change Orders on contract for a total not to exceed $12,183.75”

Mr. Lo reviewed this proposal with the Committee and explained that the original RFP process took over a year. The changes were due to a rise in costs during that time. He recommended that the Committee approve this proposal since the Contractor has an office moving division and a carpet installation division. They work very efficiently and done a great job for the City on the last installation. The original carpet was installed in 1987/1988 and has lasted 18 years. Mr. Krummel asked about the carpet warranty and whether or not it would be worth pursuing. Mr. Lo replied that the City would have to prove that there was not excess wear and that it had been maintained properly for the last 18 years. Mr. Krummel then had questions about the proposal process, which Mr. Lo reviewed with him.

** MR. HEMPSTEAD MOVED TO REFER THE FOLLOWING TO THE COMMON COUNCIL FOR APPROVAL:
“A. AUTHORIZE THE MAYOR, RICHARD A. MOCCIA, TO EXECUTE AN AGREEMENT WITH BKM ENTERPRISES, INC. D/B/A BKM FLOORCOVERING, FOR PHASE II CARPET REPLACEMENT AT NORWALK CITY HALL FOR A TOTAL NOT TO EXCEED $127,603.00. ACCT. #09037100 5777 C0268 AND #09074071 5777 C0268.
B. AUTHORIZE THE OFFICE OF BUILDING MANAGEMENT TO ISSUE CHANGE ORDERS ON CONTRACT FOR A TOTAL NOT TO EXCEED $12,183.75”
** THE MOTION PASSED UNANIMOUSLY.

Mr. Krummel then stated that he would recuse himself from the meeting for the next agenda item since he knows the owner of the business involved. Mr. Krummel recused himself at 8:40 p.m.

2. Review proposal from Brooks Laboratories for environmental consulting services for the old Police Station and refer the following to the Common Council for approval:
“a. Authorize the Mayor, Richard A. Moccia, to execute an agreement with Brooks Laboratories, Inc. to provide environmental consulting services for the Old Police Station, for a total not to exceed $8,145.00. Acct. #09064021 5777 C0368
b. Authorize the Office of Building Management to issue change orders on contract for a total not to exceed $2,000.”

Mr. Lo reviewed the bid process for the Committee and reminded them that there would be mercury, lead and asbestos abatement required in this project. He stated that there had been fourteen replies for the RFP and that Brooks Lab had worked with the City before. Because of the type of abatement necessary, Mr. Lo said that the contingency amount would be more than 10%.

** MR. PORUBAN MOVED TO REFER THE FOLLOWING TO THE COMMON COUNCIL FOR APPROVAL:
“A. AUTHORIZE THE MAYOR, RICHARD A. MOCCIA, TO EXECUTE AN AGREEMENT WITH BROOKS LABORATORIES, INC. TO PROVIDE ENVIRONMENTAL CONSULTING SERVICES FOR THE OLD POLICE STATION, FOR A TOTAL NOT TO EXCEED $8,145.00. ACCT. #09064021 5777 C0368
B. AUTHORIZE THE OFFICE OF BUILDING MANAGEMENT TO ISSUE CHANGE ORDERS ON CONTRACT FOR A TOTAL NOT TO EXCEED $2,000.”

** THE MOTION PASSED UNANIMOUSLY.

Mr. Krummel rejoined the Committee at 8:45 p.m.

V. MISCELLANEOUS/DISCUSSION ITEMS (CONT’D.)

A. South Norwalk Library (CONT’D)

Mr. Lo informed the Committee that a letter had been sent to the Mayor requesting a $38,000 special appropriation for the completion of the South Norwalk Library and that this will eventually be presented to the Common Council.

Mr. Hempstead said that he had missed the earlier discussion on the South Norwalk Library and commented that the Council was going to discuss the criteria for naming buildings, streets and such. Mr. Sutton asked Mr. Lo to check with CCM (Connecticut Conference of Municipalities) on this issue. Mr. Poruban commented that the library had been built as a Carnegie library and wondered if there were restrictions on the building from the Carnegie Foundation. Mr. Lo will check into this also.

Pay Phones

Mr. Lo informed the Committee that in the past, there was a number of pay phones city wide and selecting a telephone company was a lengthy process. Today, with the popularity of cell phones, there is only one payphone which is located in City Hall. AT&T will be providing the service and it will be handled through Purchasing and himself and contracting for this service will not going through a formal approval process.

Information Technology

Mr. Poruban informed the others that there had been an IT meeting yesterday. Mr. Lo said that he had just received a notice of approval form from IT Department regarding Bd of Ed printers but no back-up material was available. Therefore, it item was not included on the agenda.

Mr. Poruban then explained that the Board of Education needs to replace a number of computer printers and that he had hoped to move it through Committee to the Common Council. Mr. Kydes asked whether an RFP had been done. Mr. Poruban explained that the BOE uses preferred vendors rather than RFPs. Mr. Lo said that the request was for the purchase of 20 HP Laser Printers from Aztec in the amount of $5,200.00. Mr. Sutton asked Mr. Lo if he could get the back up information in the Council packets by tomorrow. Mr. Hempstead suggested that the Committee consider asking the BOE for a presentation on the BOE Technology Plan and a summary of the budget for the next meeting.

** MR. KYDES MOVED TO SUSPEND THE RULES TO ADD AN ITEM REGARDING THE PURCHASE OF 20 HP LASER PRINTERS FOR THE BOARD OF EDUCATION TO THE AGENDA.
** THE MOTION PASSED UNANIMOUSLY.

** MR. PORUBAN MOVED TO REFER THE PURCHASE OF 20 HP LASER PRINTERS (MODEL # 1022N) FROM AZTEC FOR THE SUM OF $5,200 AS PER THE REQUEST BOE 10/18/06 FROM THE BOARD OF EDUCATION. ACCOUNT NUMBER TBD.
** THE MOTION PASSED UNANIMOUSLY.

ADJOURNMENT

** MR. KYDES MOVED TO ADJOURN.
** THE MOTION PASSED UNANIMOUSLY.

The meeting adjourned at 9:10 p.m.

Respectfully submitted,

Sharon L. Soltes
Telesco Secretarial Services