Construction firm wants clause deleted from Brownsville contract
BROWNSVILLE – The Brownsville Area School District’s hired construction manager will not approve its contract until the directors eliminate a termination clause allowing them to terminate the company without cause. Maccabee Industrial Inc. of Belle Vernon has been the district’s hired construction manager from the onset of the district’s high school-/middle school renovation project.
Maccabee has been on board since the original architectural firm, N. John Cunzolo and Associates of Pittsburgh, was terminated by the board in April.
As the board finally prepares to move ahead on the $19.3 million renovation project with a new architect Michael Molnar and Associates, which also has the “termination without cause” clause in its contract, they are ready to finalize the deal with the construction manager.
But Maccabee will not sign the contract with the termination clause.
In August, when the board met with Brent Smith of Maccabee to discuss the contract, there were two main sticking points between the two groups: for the district, an increase in the percentage the firm is asking based on the total project cost; and, for Maccabee, the termination clause.
During that meeting, Smith agreed to keep the firm’s fee at the originally proposed 3.75 percent of a total project cost, no lower than $18 million.
Originally Maccabee set the 3.75 percent fee based on a $23 million project, which the board had originally proposed.
Superintendent Dr. Gerry Grant said Monday during a buildings and grounds committee meeting that the firm is reluctant to sign the contract because the board dismissed Cunzolo without giving a reason.
Director Dr. Melvin Sally said he can see Maccabee’s concern. While he understands why the board had the “termination without cause” clause in Molnar’s contract, “because the board was so split” on his hiring, he said in Maccabee’s case, the board needs to come up with some language that “will protect (the district) but be acceptable to (Maccabee).”
Director Roseanne Markovich said she wants to be sure a termination clause is included in the contract, giving the district the right to terminate if the firm does “something drastic.”
Director Ellen Rohrer asked how, as a board, will they know if the firm is doing something wrong.
Markovich suggested having someone on the board to oversee the project.
Director John Evans, chairman of the committee, said he would “take on that responsibility.”
Markovich, suggested that Evans make a list of people, including himself, to serve on a committee to oversee the project.
Grant said she will have the district’s solicitor, Matt Hoffman, come up with a termination clause that is fair to both parties.
The board will discuss the matter further at its next planning session and hopefully vote on the issue next month. Last week, the board approved a $34 million district wide renovation project, including a $19.3 million high school/renovation project to begin immediately following approval from the state Department of Education.
Molnar said he will prepare and submit Plan Con documents to the state Department of Education for approval and consideration for reimbursement.