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By DAVID J. RALIS; Times Leader Staff Writer
Friday, January 09, 1998 Page: 3A
WILKES-BARRE- Anthony Lupas Jr. doesn’t want to rely solely on the word of
a consultant to pick the best construction manager for the Luzerne County
arena.
But when the Convention Center Authority member asked Thursday to see all
of the proposals submitted by management companies, Chairman Kevin Blaum told
him he would have to wait until next month to see the two that really count.
Although as many as six proposals were submitted last month to Hammes
Corp., the arena’s project manager, only two were accepted, he said. They are
Boldt Construction, Milwaukee, and Turner Construction, Pittsburgh, both large
management companies.
Hammes promised all companies vying for the contract that their offers
would be kept confidential until one company is recommended to the board, said
Jack Hill, Hammes’ vice president for operations.
Until then, copies of Boldt’s and Turner’s proposals remain sealed and
locked in the safe of authority Solicitor John Moses, Blaum said.
“I’ve sat here and trusted other people on things, and now I’m being told
I’m not to be trusted,” said Lupas, an attorney from Wilkes-Barre. “I’m not
going to release that information, and as an authority member I want to see
it.”
Board member Stephen Barrouk said the authority agreed to adhere to the
process last month. Hinting that Lupas has no expertise in assessing
construction managers, he angrily asked Lupas, “Can you analyze all the
potential upsides and downsides of it?”
Lupas responded by saying the board did just that in 1994, when the
authority first picked Gilbane Construction, Philadelphia, and Apollo Group
Inc., Wilkes-Barre, to manage the arena’s construction.
“That was a beauty contest,” Barrouk shot back.
Blaum, who is also a Democratic state representative from Wilkes-Barre,
said Gilbane/Apollo never had a contract with the authority.
Gilbane/Apollo submitted a proposal to Hammes last month, but it was
rejected because the companies added an extra line to a legal waiver all
competing companies were required to sign.
The two companies were willing to give up their right to sue the authority
from now on, but wanted to be able to sue for $326,000 in fees, costs and
expenses they incurred after being retained on Dec. 13, 1994, their waiver
says.
Blaum maintains Gilbane/Apollo volunteered their services in hopes of
getting the contract, so the authority owes them nothing.
Angelo Answini, Apollo’s owner, disagrees. But on Thursday he merely wanted
to know, “(Is) there anyone else who didn’t get paid?”
Blaum replied that architect “Ellerbe Becket probably did the most work and
they didn’t get paid.”
Moses then called Answini “an opposing party,” and asked authority members
not to comment further about Gilbane/Apollo until a closed meeting that
followed the board’s 90-minute public session.
The solicitor said the executive session was being held to discuss the
Gilbane/Apollo situation as a matter of threatened litigation and a separate
lawsuit. The suit, filed this week by several construction companies employing
both union and non-union labor, concerns the arena’s project labor agreement.
The state’s Sunshine Act allows, but does not require, boards to discuss
clearly identifiable matters of litigation behind closed doors with their
lawyers.
In other business:
Blaum announced the total cost overrun for excavating the arena site in
Wilkes-Barre Township was $140,000- $60,000 less than an estimate given last
month.
James T. O’Hara Excavating had to dig out about 14,000 cubic yard