Cheshire school building committee approves GMPs for North End (Barnum) and Norton; defers tariff language

The Town of Cheshire school building committee on Feb. 21 approved guaranteed maximum prices (GMPs) for two school construction projects while pausing action on proposed language to address post-bid tariff assessments.

The committee approved a GMP of $68,630,850 for the New North End Elementary School (to be named Barnum Elementary School) and a GMP of $63,304,112 for Norton Elementary School. Both approvals exclude proposed paragraph 37 in each GMP — a provision addressing post-bid tariff impacts — which the committee deferred for further review after the town attorney flagged concerns about the wording.

The committee chair moved and members seconded both motions; both votes were recorded as unanimous. Committee members said the dollar totals reflect trade-contractor awards, accepted alternates and listed allowances and that the MEP (mechanical, electrical, plumbing) on-site coordination staffing was included in the GMPs.

Why it matters: the GMPs set the contract ceilings that allow the construction manager and the town to award trade contracts and begin submittal and procurement work for materials and finishes. Committee members and staff said approving the GMPs (while reserving the tariff-clause question) lets the project team release submittals, begin sample reviews and move forward with scheduling and procurement, while preserving the town’s attorney the chance to propose narrower language regarding tariffs.

Key details

- North End (Barnum) GMP: $68,630,850. The committee approved the GMP “as presented with the exception of paragraph 37 of Exhibit D,” to be reviewed at a later meeting. (Motion seconded; vote unanimous.)

- Norton GMP: $63,304,112. The committee approved the Norton GMP as presented, removing the last sentence of assumption 21 and excluding paragraph 37 for later discussion. (Motion seconded; vote unanimous.)

- MEP coordination: Both GMPs include full-time on-site MEP coordination hours split between the two projects; the committee discussed and accepted the staffing and the associated funding approach (the cost was included in the GMPs rather than presented as a separate change order).

- Tariff language: The town attorney, D'Onofrio, told the committee he had concerns that the proposed tariff paragraph deviated from contract language and was too open-ended for the town’s exposure. Committee members said they wanted attorney-reviewed language that would cap the construction manager’s use of contingency funds for post-bid tariff impacts and place burden of proof on contractors where appropriate. Because the attorney objected to the draft, the committee deferred final action on that paragraph.

What the committee said

Town attorney D'Onofrio: “I have concerns about the proposed language.”

Committee member Jeff Denavio (committee member): indicated support for approving the GMP amounts while reserving the tariff-language discussion for later review so procurement and submittals could proceed.

Construction manager/owner-rep and architect staff said approving the GMPs would allow trade contract awards, procurement of long-lead items and release of finish- and material-sample work.

Background and next steps

Committee members and staff said the approved GMPs incorporate trade-contractor bids, accepted alternates (including abatement and demolition alternates at Norton), contingency and allowances for items such as utility relocations and temporary site work. The committee asked the town attorney to draft or recommend narrower tariff-protection language for consideration at a future meeting. Staff said they will distribute revised documents and proceed with issuing submittal requests and sample reviews for finishes and FF&E to keep the projects on schedule.

Ending

The committee’s vote clears the primary financial authorization to proceed with procurement and many field activities for both projects, while preserving the town’s legal review of tariff-related contract language before final incorporation.