Free Affidavit - District Court of Connecticut - Connecticut

Case 3:03-cv-00977-CFD Document 59 Filed 01/18/2006 Page 1 of 4
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
WENDELL HARP and :
ARCHITECTS ENVIRONMENTAL :
COLLABORATIVE INTERNATIONAL, P.C., :
: CASE NO: 3:O3CV9'/7(CFD)
Plaintiffs, :
v.
JOHN DeSTEFANO,
CITY OF NEW HAVEN and :
NEW HAVEN BOARD OF EDUCATION, :
Defendants.
1 JANUARY 17, 2006
DECLARATION OF SUSAN WEISSELBERG
I, SUSAN WEISSELBERG, state under the pains and penalties of perjury as follows
1. I am over the age of eighteen (I 8) and understand my obligation when
making a statement to this Court under the pains and penalties of perjury.
2. I ain the Program Coordinator for the School Construction Program and
have served in this capacity since March 1998. One of my responsibilities is to oversee
the construction of the new Prince Weich School. I am also familiar with certain aspects
of the design and construction of Hiii Career High School.
3. Funding for the new Prince Welch Schooi from the State of Connecticut
was approved by the Connecticut Legislature in 1996.
4. ln i996, the Citywide School Building Committee recommended that
AEC] be awarded the architcct’s contract for the design ot" the new Prince Welch Schooi.
Attached hereto as Exhibit A is a certiiied copy of the minutes of the Citywide School
Building Committee meeting dated November 25, 1996.

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5. The Board of Education’s Administration and Finance Committee
recommended approval to the Board ot` Education of an agreement with Architects
Environmental Coliaborative international, P.C. (“AECI") on February l0, 1997 (the
"Agreement’”). Attached hereto as Exhibit B is a rnemo dated February 6, l997 from
Susan Whetstone to Frank Altieri regarding such action.
6. The Board of Education subsequent approved the Agreement with AECI.
Attached hereto as Exhibit C is a letter dated February 18, 1997 from Juanita Maayck to
AECT indicating such approval.
7. I attended the community meeting at which AECI presented the
preliminary schematic design plans. The plans were very difficult for the audience to see.
8. in January 2002, the Board ot` Education commenced arbitration
proceedings against Wendell Harp ("Harp") atleging malpractice and breach of contract
in connection with the design of the Hill Career High School. The Board had been sued
by contractors and subcontractors who ciaimed delays as a result of Harp’s design.
9. After several Administration and Finance Committee meetings, I spoke to
John Prokop, the Chair, (“Prol Program was having with AECI on the Prince Welch School project.
10. ln tate 2002 ~ early 2003, I advocated hiring a new architect for the Prince
Welch School. I prepared draft memoranda which expiained the need for a change in
architect. Attached hereto as Exhibit [D is a preliminary draft subject to revision dated
March l3, 2003, which describes the need for a change in the architect for the new Prince
Welch School.
ll. On Aprii 10, 2003, the Citywide School Construction Committee
approved the redesign of the school, including locating the school on a smaller lot.
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Attached hereto as Exhibit E is a certified copy ot` the minutes ofthe Citywide School
Building Committee dated April l0, 2003.
l2. On May 16, 2003, I spoke to Chris Grabe ("Grabe"), one of the principals
of Davis Brody Bond, another architectural firm, about taking over the Prince Welch
design work.
l3. On May 20, 2003, I faxed Grabe the Supplemental Conditions to the
proposed revised contract with AECI and portions of the proposed revised contract with
AECI. Attached hereto as Exhibit F is a copy of my fax and the Supplemental
Conditions for the Redesign dated May 9, 2003. Davis Brody Bond agreed to the contract
and the Supplemental Conditions.
14. On May 23, 2003, the Administration and Finance Committee ofthe
Board ot` Education considered the termination of AECl’s contract at a Special Meeting.
Attached hereto as Exhibit G is a certified copy ofthe Agenda for the May 23, 2003.
l5. ln May 2003, the School Construction Program was anxious to determine
if it would he able to obtain the necessary approvals to hire a new architect so that the
design could proceed as soon as possible after having been delayed for so long. The
schedule for the project anticipated that construction would hegin 2004 and be completed
in the Spring of 2006. The School Construction Program also wanted the School Based
Building Advisory Committee ("SBBAC") to meet with the new architect before the
school year ended so that design work for the proj ect could begin as quickly as possible.
l6. On May 23, 2003, the Administration and Finance Committee
recommended to the Board of Education that AECl’s contract be terminated and that
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Davis Brody Bond he hired to redesign the Prince Welch school. Attached hereto as
Exhibit H is a certified copy of the minutes ofthe Special Meeting Special
Administration/Finance Committee Meeting dated May 23, 2003
l. 7. At the May 23, 2003, Administration and Finance Committee meeting,
Prokop requested that I snpply him with bullet points concerning Harp’s and AECI’s
performance problems at Hill Career High School and the Prince Welch School for his
use at the full Board of Education meeting the following Tuesday, which I did. Attached
hereto as Exhibit I is a copy of the bullet points that I prepared for Prokop.
18. On May 27, 2003, a regular meeting ofthe Board of Education was held.
Attached hereto as Exhibit I is a certified copy ofthe minutes of the Board of Education
Meeting dated May 27, 2003.
19. On May 28, 2003, a letter was hand-delivered and mailed to AECI signed
by Carlos Torre, the President of the Board of Education and stating that AECI’s contract
was being terminated pursuant to Section 8.1.2 ofthe contract. Attached hereto as
Exhibit K is a copy of a letter from Torre to AEC} dated May 28, 2003.
20. Davis Brody Bond has designed the new Prince Welch school in a manner
satisfactory to the School Construction Program, and construction of the new school is
anticipated to complete in Spring/Summer 2006.
The foregoing statements were made under the pains and penalties of perjury.
.i5f};?g;i. -
..»·= ’ Il Susan Weisselberg X4
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