Harvey B. Heafitz, Esq. v. Massachusetts Bay Transportation Authority (SPR 20192412)

Rebecca 8. Murray Supervisor of Records

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth . Public Records Division

December 16, 2019 SPR19/2412

Attorney Sonia Skinner

Massachusetts Bay Transportation Authority 10 Park Plaza, Suite #7760 . Boston, MA 02116

Dear Attorney Skinner:

I have received the petition of Attorney Harvey B. Heafitz appealing the nonresponse of the Massachusetts Bay Transportation Authority (Authority) to a request for public records, G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, on October 25, 2019, Attorney Heafitz requested the following documents related to the MBTA contract, “Phase 2 Systemwide Transformer Replacement”:

1.

The most recent requisition for payment of the general contractor, JF White Contracting Co., with supporting documentation including approved schedule of values performed by subcontractors with the contractors’ submittal, and presumably engineer’s approval of said requisition. .

Payment summary report for all payments, or payment log, made to the general contractor on said project including the dates thereof.

Copies of the payment and performance bonds provided to the MBTA relative to said project.

Change order log, or MBTA documentation relative to the issuance of change orders on said project.

All correspondence and internal memoranda relative to the MBTA’s deletion of the replacement of five (5) transformers included for replacement pursuant to the contract.

All correspondence and internal memoranda of the MBTA and/or its agents between the MBTA and any supplier of the contract designated transformers.

One Ashburton Place, Room 1719, Boston, Massachusetts 02108 ¢ (617) 727-2832 Fax: (617) 727-5914

sec.state.ma.us/pre * pre@sec.state.ma.us

Attorney Sonia Skinner SPR19/2412 Page 2 December 16, 2019

7. All correspondence and documentation concerning direct payment demands and general contractor’s responses received by the MBTA on or in regard to said project.

8. All correspondence and documentation concerning requests for payment submitted to the MBTA by the general contractor.

Claiming to not yet have received a response, Attorney Heafitz petitioned this office and this appeal was opened as a result.

Subsequent to the intervention by a staff member of the Public Records Division, I

_ learned that a representative from the Authority intends on providing a written response to Attorney Heafitz. Accordingly, the Authority is ordered to provide Attorney Heafitz with a response in accordance with the Public Records Law, its Access Regulations and this order within ten (10) business days. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Attorney Heafitz may appeal the substantive nature of the Authority’s response within ninety (90) days. See 950 C.MLR. 32.08(1).

Sincerely,

Rebecca Muna

Rebecca S. Murray Supervisor of Records

ce: Attorney Harvey B. Heafitz