bid the project, bringing anyone else in even under the best circumstances would bring us over
budget and in this case, it would be a half-finished project and Mr. Rongey does not believe
within the budget we have it can be considered. Ms. Dipalma-Herb inquired if there were any
penalties with the State for Conractors that bid jobs that they cannot complete. Mr. Donaldson
replied no. Chairman Scheider asked if we were holding a performance bond. Mr. Donaldson
replied that we can always pull the bond and go out and get someone else. Chairman Schneider
stated he would like to notify the bonding company of the potential issue. Mr. Tyminksi
inquired how much is owed to the Contractor. Mr. Rongey replied the Solar is also included and
it is close to $2 million. Mr. Donaldson added the Contractor has not requested payment for any
work that has not been completed. Mr. Tyminiski inquired if we accept that they have not been
doing the work well and what will happen with the solar panels. Mr. Donaldson replied that this
is the decision the Committee must make, whether we have reached the end of the line and
would move forward with another process or tough it out and get at least the roof portion
complete. Mr. Donaldson added that as soon as we do too much, he is concerned the Contractor
will shut the job down and this will drag out the process. Mr. Tyminski suggested the
Committee seek guidance from the Town Attorney. Mr. Donaldson agreed. Mr. Tyminski asked
if the Contractor on the JWL would be amenable to complete the project. Mr. Rongey replied
that there was another bidder on the Gales Ferry project. The Committee discussed potential
delays related to taking another course of action. Mr. Donaldson stated he will contact the
Mayor in the morning to consult the Town Attorney.
Mr. Gush asked with the condition the roof is in right now what is the potential damage that can
be done. Mr. Rongey replied that the underlayment barrier is rated for six months of UV
exposure, after that point another layer would be required. Mr. Donaldson added the most
crucial issue is the snow load as there will not be any snow barriers if the roof is not complete
before snow arrives. Mr. Rongey stated that the underlayment runs out in the first or second
week of December. Mr. Tyminski inquired about the underlayment and if that would need to be
removed upon expiration. Mr. Donaldson replied that the underlayment can have another layer
added overtop of the current layer. Mr. Rongey stated the cost to add another layer would be
roughly $80,000 or $90,000.
Ms. Dipalma-Herb inquired up to this point what has the Owner’s Representative done to push
the Contractor to complete the work. Mr. Rongey replied that he has been doing the schedule
and following up with crews on site, however he cannot force them to bring people on site when
they only have a crew of five people and also have other projects that they have opted to focus
on over this one. Ms. Dipalma Herb inquired what documentation was in place showing that we
have done our due diligence to get this project done. Mr. Rongey replied he has emails and
phone calls and would compile that information. Mr. Donaldson added he has written schedule
from the Contractor as well since the middle of August going forward. Mr. Tyminksi suggested
that the Lawyer write the letter and distribute the letter to the bond holder and the Committee
should follow the Attorney’s lead. Mr. Donaldson added that he has asked Mr. Rongey to follow
up with everything in writing. Mr. Donaldson added that everyone is on the same page, Mr.
Rongey - STV, Silver Petrucelli & Associates and Garland - manufacturer. Mr. Donaldson
stated that all reports from parties involved point out the same things. Mr. Rongey added that in
the base contract, there is a very clear completion date that the Contractor has drifted from. Mr.
Rongey stated that the project was supposed to be done by the end of the summer and there has
