Midland Park declares contractor of field repairs in default
MIDLAND PARK - The Borough Council has terminated a $346,500 contract with Trino Associates, the company hired to renovate the Dairy Street recreation field, citing, among other items, deviation from and non-compliance with bid specifications.
Borough attorney Robert T. Regan on Aug. 15 sent a letter to attorney James McMahon of Lewis and McKenna, Saddle River, representing Trino Associates, informing him that Trino was in "default."
The letter listed five circumstances under which the municipality can make such a declaration, claiming the contractor failed or refused to obey laws and orders of the municipality or engineer in respect to the work and that after notice by the engineer, refused or failed to supply enough "properly skilled workmen or proper materials or equipment."
Calls to Paramus-based Trino and Associates and its attorney were not immediately returned.
Field renovations began around May 24 and were expected to be completed by July 15.
The contractor asked for an extension, moving the completion date to July 25.
Borough engineer Mike DeSena of Stantec Engineering had prepared the plans and specifications for the project that include the installations of lighting, baseball dugouts and foul poles, as well as the installation of a new grass field and upgrades to the Johnny Vander Meer Field.
"The borough has expressed its disappointment in the [borough] engineer's quality of supervision on this project," said Councilman Mark Braunius, recreation board liaison.
Braunius, who has a 42-year career in construction, said throughout the project he and Superintendent of Public Works Rudolph "Rudy" Gnehm "noticed many discrepancies from the plans and specifications" while touring the construction site and brought their concerns to the borough engineer.
DeSena has been the borough engineer for 13 years and had oversight of the project. He said he communicated with the contractor on a regular basis.
"The contractor was advised on a daily basis regarding what work was correct and incorrect," said DeSena. "He was told verbally and by email communication."
DeSena said some items were corrected while others failed to meet specifications and required correction.
But, Braunius said, "The majority of the work was not corrected. We met twice with the engineer and contractor and were assured by the contractor they would be remedied."
Braunius said one of the defects was the incorrect placement of the first-base and third-base dugouts.
The borough had paid $28,800 for the dugouts, which will need to be torn down and rebuilt in their proper locations.
"We reviewed the plans and specifications and found 25 different items were not followed [according] to the plan," said Braunius.
During a meeting on Aug. 1, Braunius said, the contractor was told he had until 5 p.m. on Aug. 11 to sod the field and meet the specifications or the municipality would invoke its right to declare the contractor in default.
The borough has allocated $134,870 of the $346,500 budget for the project and has $211,630 remaining to complete the field renovation.
Still needing attention is the removal of soil, irrigation system modifications, top soil fertilization and mulching.
The back stop, sod and fencing also need to be installed.
Mayor Harry Shortway Jr. and council members sent an email to residents on Aug. 16 apprising them of the situation.