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SPENCER – The Board of Selectmen recently voted unanimously for B.R. Bak Enterprises to remove and replace non-compliant roadwork transitions at no cost to the town.
The issue concerned the grant-funded Main/Ash Street sidewalk project, which was found to fall short in four spots along Ash Street. Two other portions that were looked at were found to be in compliance with federal and state regulations.
Town Administrator Jeff Bridges told selectmen they had two choices: ask the contractors to apply for variances or instruct them to rebuild in accordance with the design to be brought into compliance.
Selectmen chose the latter.
The transitions that fell short were “more or less half of the (required) 15 feet,” Bridges said.
What is involved
One of the locations was on the right side of a driveway; two required repairs to the left side of a driveway; and one needed rebuilding on both sides, according to Chris Lynam, project engineer.
At a previous meeting, Lynam noted the work done by the contractor did not precisely follow the design laid out in the plans.
Lynam said if the areas are fixed, it would not affect grass strips at lawns and would tie into the driveways as before. “If you increase the transition lengths, there’s no major impact on residents of Ash Street,” he said.
Brian Bak said his company would “rather not rip up the road and put damage into the project,” adding they preferred to file paperwork (for variances) and leave the project “as is.”
Robert Bak asked where they would stand if the corrections are made.
Selectman Jared Grigg noted, “Do it to the standard, the way it was designed, and we all move on at that point. That’s my two cents.”
When asked what the warranty period would be on the repaired work, Lynam advised the contractor to consult the signed contract it had with the town.
Representatives from B.R. Bak Enterprises contended that the differences being talked about amounted to a half to one-inch at each spot (“driveway aprons”) on approximately an 80-foot stretch. Ash Street would be left at a 12% grade, they said.
Selectman Chris Woodbury said he is concerned about liability as far as handicapped accessibility.
“You had a set of plans,” he said. “As far as I’m concerned, you shortcut it.”
He said it was not the board’s fault and the town (and therefore taxpayers) paid to have the work done properly.
Brian Bak pointed to a “discrepancy” in the plans—noting the grading plan showed a four-inch standard for reveal, while the design had a six-inch curb reveal.
Selectmen chair Gary Woodbury said that road is access to get to a school and there are handicapped students in the neighborhood.
When the contractors replied, “No one in a wheelchair is pushing themselves up that hill,” Gary Woodbury replied that motorized wheelchairs and scooters are used.
Noting that he was chair of the disabilities committee for many years, Gary Woodbury said, “I want it right. I want it to be repaired.”
Grigg said that all his life, he pushed his brother in a wheelchair around and he would certainly push him up that hill.
He added the contractors should have been able to identify the contradictions in the plans and made corrections during the construction process and not now, because of the situation that they are in.
Contractor: Spencer ‘extremely difficult’ to work with
Following the vote, Bak said the company understood it was at fault. However, he noted Spencer would “bite the bullet in the long run.”
“You guys are so difficult to work with. You are going to pay a premium down the road,” he said. “It’s well-known what towns to work for and what towns not to,” adding Spencer fell into the latter category.
Bak told selectmen things ran “smooth as can be” when (former Utilities and Facilities Superintendent) Pete Boria worked in Spencer, before “you ran him out of town.”
As a result of being “extremely difficult to work with,” Bak added, the town would get upcharges from contractors. He also said the town has wasted taxpayers’ money on lawsuits it did not win in the past.
“It’s not lost to me that we could end up paying a price down the road,” Grigg replied. “But at least we’re getting what we paid for at that point.”
Vice chair Jonathan Viner recommended the bonding company be contacted if the repairs are not done in a reasonable time frame.
Viner said he wanted selectmen provided with “advance notice” of when the work was taking place.
“Someone representing the town should be there,” Chris Woodbury added.
