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Board of Ed Fires Hommocks Contractor

by Judy Silberstein

( November 21, 2002) The Mamaroneck School Board has flunked its general contractor for the Hommocks construction project. The project is behind schedule; some of the workmanship has been unacceptable; some work has had to be redone; other work will need redoing. So, at a special meeting on Tuesday, November 19, the board voted to terminate its contract with DelCon Construction Company.

A drive down Hommocks Road reveals part of the problem. By now, all signs of construction should have vanished. Instead, months after the September deadline, the chain link fences are still up around the unfinished auditorium wing.

A view from the Hommocks Webcam

Inside the new wing, the classrooms are now open, but they were not ready for the start of school and the auditorium is still incomplete. Music and drama teachers have been scrambling to find alternate venues for performances originally scheduled for the new stage.

Fortunately, though, a major portion of the work is over in the original parts of the building. The newly expanded and renovated library is open and operating, along with the redesigned commons, twelve new science rooms, two new computer labs, and a host of new or rejuvenated bathrooms. And fortunately, construction projects underway in other Mamaroneck schools are being handled by separate contractors and are unaffected by DelCon’s termination.

At this point it is unclear how long it will take to straighten out the legal and logistical issues and get the building finished. “This is the first time with this administration that we have had to do this,” said Board of Education spokesperson Joan Rosen. She added, “The matter is now in the hands of our attorney. All the information we could provide is in the letter the public will be receiving.” (A copy of the letter appears below.)

Letter from the Board of Education

Mamaroneck Public Schools
Board of Education

November 20, 2002

Dear Community Members,

We are writing to provide an update on the construction project at Hommocks School. In January 2000, the community approved a $17 million bond referendum for new construction and renovation at Hommocks Middle School. Since the passage of that bond referendum, we have renovated much of the original building, including

  • expansion and renovation of the library
  • creation of 12 new science laboratory/instruction spaces
  • addition of two new computer labs
  • addition of 11 new classrooms and 4 bathrooms in the new wing including new music and art suites
  • redesign of the commons area including a link to the new wing
  • creation of faculty meeting and conference spaces at the center of each of three houses
  • installation of new floors
  • installation of new ceilings and lighting
  • renovation of all of the bathrooms
  • renovation of the elevators
  • installation of new filtration system and mechanical room for the pool

While we are excited about these improvements in our middle school and delighted with the architectural design, we have not been satisfied with several aspects of the performance of our general contractor, including the fact that the entire addition was not completed for the opening of school this year. In consultation with the administration, attorneys, architects and construction managers, the Board has decided to take the necessary legal action to terminate the district’s relationship with the general contractor related to the Hommocks construction project. The result may be a further delay in the final completion of the new structure but we strongly believe it is in the best interests of the community that we pursue other means legally available to us to ensure that the final building will be what the community and we expected.

We will continue to provide you with updates on the progress toward completion of the auditorium that is the centerpiece of the remaining construction. Throughout the process, the safety of our children and staff will be our top priority, as well as careful financial and quality oversight of the project. We know that many of you will have questions and we’ve tried to address them in the following section.

Sincerely,
Board of Education

Robert G. Martin        Susan Spencer
President                   Vice President

Cecilia Absher, Trustee
April Farber, Trustee
Celia Felsher, Trustee
Amy Levere, Trustee
Alan Parter, Trustee

Questions and Answers

Who is the general contractor and how did the district choose this company?

When a construction project is estimated to cost more than $20,000, the district is required by state law to go out to bid and accept the lowest responsible bidder. DelCon submitted the lowest bid on the Hommocks project. When we awarded the contract to DelCon, we did not have any information that would have disqualified them; nor was there any indication that other projects DelCon was working on or had worked on had problems.

What specifically are the problems with DelCon?
Throughout the construction, timing has been an issue. DelCon has failed to meet its own schedules for work performance. The entire project was supposed to be completed by September 2002. Although the school is using the classrooms in the new wing, many parts of the project are still not finished. In addition, some workmanship has been unacceptable and either has been redone or will need to be redone. It is important to note, however, that these problems have in no way impacted on the health or safety of the children.
What work remains to be done?

The major unfinished work includes the auditorium, roofing, masonry and the tiling of the corridors in the new wing.

Was the general contractor responsible for the entire project at the Hommocks? If not, have there been problems with any other contractors?

For a variety of reasons, including state law, the construction was planned in phases and with 12 different bid packages. Therefore, in addition to DelCon and the subcontractors working under DelCon, there were 11 other contractors on the project, including plumbing, electrical and HVAC contractors. The work of these other contractors has been satisfactory.

What recourse does the district have against this general contractor?

Whenever a contractor is hired for a capital project, the contractor must provide a performance bond. The bond provides insurance through a bonding company to complete the project should the contractor default or be terminated. It is now the responsibility of DelCon’s bonding company to finish the Hommocks project and cover any additional construction costs incurred.

What is the timeline for completion?

That depends on the action of the bonding company. Once the district took action against DelCon, the bonding company has to do an investigation of the project and ultimately provide a schedule for completion.

What, if any, impact will this have on the other construction projects in the district, financially or otherwise?

None. DelCon is not working on any other projects in the district. The Hommocks $17 million bond was separate and apart from the most recent bond that is funding the other projects in the district.


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