Posti and Remely wrong about Morgan Drive change order

You may remember the post regarding the change order on Morgan Drive.  This was the post that mentioned how Josephine Posti and Dan Remely had blamed the municipal engineer for the high cost of the change order.  I couldn't believe that the commissioner who is the liaison to the school board would allow the school board directors throw them under the bus like that.  Additionally, I couldn't believe that no other school board director, superintendent, or construction manager, set the record straight at the Construction Update.  In fact, even in the last school board meeting, Josephine and Dan went so far as to ask the solicitor what it would take to sue the municipality.  Don't believe me? Go back and listen to the podcast. It's all right there.

Today, I received the Right to Know that had a response from the municipal engineer.  His response was only to the commission, not to the school board. That is why Gateway's email was not revealed in a previous right to know request.  As I have said before, you have to ask the right questions. Boy, does this set the record straight. gillen RTK documents 100412

On page seven of the RTK, Dan Deiseroth began by clearly stating that it appeared that the school board had not been informed about the full extent of the change order.  While he did acknowledge that Mr. Marciniak tried to set some of the record straight, it wasn't enough since the same two board members went down the lawsuit path again the next meeting.

Next, Mr. Deiseroth listed what got changed in the change order and how much each had to do with standard municipal requirements. Paragraph after paragraph were dedicated in his email to describing to the commissioners what exactly happened.

Dan Deiseroth confirmed what many of us already suspected:

All of my directives were per the developer's agreement that they signed to comply with Municipal Standards which had to be applied once they ran into the difficult situation.

In my opinion, the documents they issued for bid were obviously lacking in information which along with the unforeseen circumstances culminated in the change order.  I do not see this in any way a case where we required anything more than we would require of ourselves when doing a project or the way we treat others who dig up our roads.

Here we have the municipal engineer clearly stating his position and that of the municipality.  So let's recap.  There was a developer's agreement signed that said the roads would need to comply with municipal standards. The school district had to redo the part of the road THAT THEY TORE UP for their high school project and they had to replace it to municipal standards.  Also, the district bid documents "obviously" lacked information needed for contractors to properly bid the road repair.

So who do you believe? The engineer who provided facts? Or Posti,  the plagiarizing princess and Dan (I will bring the High School project in under $95 million) Remely? Clearly, there is finger pointing going on over at MTLSD. Despite the municipal engineer having a direct conversation with the construction manager, Rus Del Re of P.J. Dick, either the school board is either willfully and shamefully blaming someone else who is clearly not to blame, or PJ Dick did not inform the school district of the scope of repairs.  Either way, the school board, superintendent, and central office staff need to look internally to place the blame.

But hey, what am I complaining about?  We may just be able to see the school district go 0-2 in lawsuits against the municipality.  I wouldn't put it past this school board to do just that. Remember item number 22 on Cost Reduction List for 2012-2013.

Anyone go to the coffees yesterday morning or this evening?

Wait, Is it Morgan or Stadium?

I am getting confused. Change order #GC-03-03 is to Nello Construction for repair of Morgan Drive as required by the Municipality totals $63,148.

In my post of September 17, 2012, Not $30 Million...Not $15 million... where I wrote:

On another note, Peterson has instructed the Board to litigate $63,148 (cost of repaving Morgan Drive) with the Municipality after the project is completed.

I sent this email to Steve Feller on September 18, 2012.

At last night's School Board meeting, a change order was approved for the work done on Morgan Drive. Their solicitor advised the School Board to litigate the amount of $63,148 because they believe it is the fault of the Municipality and Gateway.  Have you responded either verbally or in writing to the District's claim?
Elaine

I promptly received this scorcher from my commissioner.

Ms. Gillen,

I have spoken with numerous officials at the SD today about this rumor, and NONE of them told me that the SD plans to sue the
municipality. Mr. Remely, when discussing the change order, asked
their solicitor how they, if they were to choose to do so, would go
about seeking funds from someone other than the SD to pay for the
re-paved road. The solicitor did not "advise litigation" as you
suggest. He did tell them that such a process was an option. The
change order vote passed, and it was decided that the SD would speak with the other parties (architect, contractor, Muni., etc) to discuss the issue further.

In addition, Mr. Feller and Dr. Steinhauer are in contact often, as
affirmed by Mr. Feller today. At this time, there is no reason to
respond to a false rumor or misinterpretation. Talks are ingoing
bewteen our staffs, as always.

I hope this clarifies any confusion you may have had about the SD's discussion.

Kristen Linfante
Commissioner, Ward 3

A follow up comment on the blog on September 18 at 3:38 PM was approved:

Let's be clear here...anyone can go back to the podcast and make no mistake that both Dan and JoPo were throwing the municipal engineer under the bus.

The idea that now Kristen comes back and says there will be no lawsuit is a little early in the process I think. No doubt the school district will keep all options on the table until this is resolved.

I wonder if the municipality responded to the school board meeting from last week or not. I am sure they heard the comments from Dan and Jo. And I am also sure that if I was them, I would not appreciate one of my employees being thrown to the wolves for doing his job just so the board could blame someone else for its change order.

Here is what was received from Steve Feller when asked for a municipal response. It was obtained through a Right To Know.

Communication from Municipal Engineer RTK Rus Del Ra, the contractor contact seemed a little cranky over Horsman and Stadium Drives.

Either all the information was not granted in the Right To Know Request, there was no response over the school board meeting when Gateway was thrown under the bus, or the change order was listed for the wrong road.  Does anyone out there know anything differently? Kristen, I don't need to get another scorcher from you.