Published: December 02, 2008 10:50 am         

Council members decide to hold retainer

By DAVE MARTIN

Correspondent



MIDDLEBURY — Hoping to avoid a legal entanglement, such as the one encountered several years ago on another project, the town council voted Monday to table one of two pay requests related to the town’s water project until the contractor’s figures can be verified.

The larger of the two pay requests by W. G. Brudney Construction Co. was approved. The company asked that both be released from the retainer held back by the town to ensure the water project is completed.

The town undertook the project to construct a new water plant and install three new water wells in Middlebury.

Monday, the panel approved Brudney’s application for the town to release $100,000 of retained project funds, based on punch list items that were completed recently by the construction firm from Stroh. The $100,000 is payable to both Brudney and supplier Gasvoda Associates Inc.

Town Attorney Craig Buche told council members that even after the payout, about $105,000 plus interest would remain in the retainer account.

The second application — for release of $42,000 solely to Brudney — sparked concerns on the part of some council members.

Council President Gary O’Dell questioned whether Brudney would complete all the remaining punch list items after Town Manager Mark Salee told the panel that only $63,000 in retainer funds remained on the project after approval of the first pay request Monday. Buche added that the firm only had $31,500 in work left to complete on the project.

O’Dell said he wished to avoid a repeat of a similar problem years ago on the Southwest Quadrant sewer project, in which the general contractor failed to complete punch list items and eventually went bankrupt.

Buche and Councilman Dan Shoup agreed that until some punch list items can be verified as having been completed satisfactorily, it would be wise to wait before releasing any more retainage.

Shoup’s motion to table the application for $42,000 until the next council meeting, if everything has been verified, was approved.

On Nov. 17, the council approved a certificate of substantial completion for Brudney for Division I of the four-phase project and denied a change order request by National Water Services of Paoli totaling $59,670 for Division II. During Division I, a new water plant was constructed, while Division II related to installation of three water wells. The rejection was based on a recommendation to the council by Triad Associates, an Indianapolis engineering firm.

In other business, the council voted to allow the town’s billing clerk to enclose a flyer in this month’s utility bills offering customers an automatic bill pay option. Salee told the council that the more customers who adopt this method of bill payment, the less work would result for the billing clerk.

O’Dell announced that Shop with a Cop would be held in Middlebury on Dec. 11. Donations to the program are welcome.

Santa Claus will appear at the gazebo in downtown Middlebury at 10 a.m. Dec. 13.

The tree board will hold a meeting at 7 p.m. Thursday at the town hall.

The next council meeting will be at 6 p.m. Dec. 15 at the town hall.