1/6/1997 BOARD OF SELECTMEN Executive Session

Home Browse Search

4ypr 1 i MASHPEE BOARD OF SELECTMEN ECUTWE SESSION MONDAY,JANUARY , 1997 �}+ +1 1,./PFI E Present: George Costa,Ken Marsters,Fancy Caffyn,Peter Dinizio, Bob Muitenour,Pat Costello-town council,Paul Griffin,Ed Prenette and Joel Seeley- SNRAA, Jin Byrne and fan Aitchison- Chartwell Pat Costello stated that Stone has no plan to complete the job but seemed amenable to negotiating project closure. He would not dissuade the town form considering that. If it goes to court, it will prolong things and the bills will continue to run up quickly. It is a complex procedure but he suggests keeping your minds open to it. -Y. i .I Paul asked how the bond company will be involved? Pat Costello said we would want Liberty to be involved in this. Any settlement will involve the surety because they will have to cone up with some of the money. He wants Jim Rudnick here. Paul asked if we terminate Stone's contract, don't we invoke the bond? F Pat Costello said with termination we would collect damages suffered as a result of the default and hold all amounts due to correct the deficiencies and perform remaining work. F George Costa asked why not do that now and negotiate later? Stone can cone back to the table later. Pat Costello said we have justifiable terms for termination. Selectmen Costa asked, if we vote to terminate what would be the steps, after giving Stone their S7 days notice? Paul said we would have a meeting with the bonding company and town counsel. The town could hire a project management company who could assume the subs and finish the job or the bonding company could sena a person in, like George Gunn, to get the job clone. That is probably fastest and cheapest. Pat Costello thinks the surety will take a proactive role. ' Selectmen Dinm`o made a motion to authorize town counsel to prepare proper t documentation to commence procedures for termination of Stone"s contract. r Selectmen Marsters seconded the motion. Discussion: Pat Costello asked to hear from the professionals. Ian Aitchison said is it clear we are in a no win situation. Stone is dragging their feet again. He thinks we should move. we have the resources to complete the job ourselves. He would terminate rather than negotiate. Pat Costello said we are in the building noir so we control our own destiny. If it goes to ' litigation Stone will try to claim wrongful termination. Jim Byrne said he has worked with many of these sub over the past 10 years on other public bid work. Stone has claims form their subs fax beyond what we have paid them for. Mone had the subs worked out of sequence and he thins all of then have claims against Mone because of the way they ran the job.