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Page 2 <br /> Board of Selectmen <br /> Minutes-Executive Session <br /> May 13,1997 <br /> Discussion relative to Litigation, and Claims relative to High School: <br /> Town Counsel, Patrick Costello was present to discuss his correspondence <br /> to the Board dated May 5, 1997 relative to the proposed settlement <br /> agreement with Stone Construction Company. <br /> Discussion followed with respect to the final settlement memorandum. <br /> It was noted that the Town will assume responsibility of incomplete <br /> work assignments,and will receive credit by negotiation for all of the <br /> remainder of the claims relative to the construction of the high school <br /> facility. <br /> Attorney Costello recommended the Board execute the Memorandum of <br /> Agreement as presented to bring the matter to final closure with the <br /> exception of the final assignment work. <br /> As agreed upon, the Project Management firm of Chartwell and Company <br /> will supervise the five final assignments related to remedial plantings, <br /> general landscape, sod, seeding and mowing maintenance requirements. <br /> The final work assignments will be reflected as a deductive change order <br /> in the amount of$689,336 informed Town Counsel. A fifteen percent <br /> management fee is included in the sum to be reflected as Change Order#40. <br /> It was noted that Stone will maintain all performance obligations and <br /> general duties under the terms of the general contract with the Town of <br /> Mashpee for one year from the date of December 16, 1996. Other general <br /> work materials will assume separate warranties as deemed by their <br /> manufacturer stated Attorney Costello. <br /> It is the consensus of the Board to prepare a joint press release relative to <br /> this matter as described on page five under miscellaneous. Town Counsel <br /> will assist the Executive Secretary and Chairman of the High School <br /> Building Committee with appropriate language. <br /> Motion made by Selectmen Dinizio to execute the Memorandum <br /> of Agreement between the Town of Mashpee and Stone <br /> Construction Company as recommended. <br /> Motion seconded by Selectman Marsters. <br /> TE: Unanimous. 4-0. <br /> Roll Call Vote: George, yes Curtis, yes <br /> Kenneth, yes Peter, yes <br />