County to withhold retainer for jail problems

SINCLAIR — After nearly a half year of problems with a control panel at the Aroostook County’s new jail, County Commissioners unanimously agreed Wednesday night to have the $70,000 panel removed and replaced.

They also agreed to withhold the $70,000 from a $125,514 retainer it holds from the general contractor of the project, Cyr Construction Co. of Caribou.

The commissioners also said they would withhold the remainder of the retainer unless Cyr Construction Company dropped its claim for an additional $101,513 for the jail project.

They voted to pursue a counterclaim against Cyr Construction for breach of contract for delays that increased construction time for the project by nearly 18 months.

All votes taken on the jail reconstruction project were unanimous. Commissioners had discussed problems with the control panel, additional money wanted by Cyr and the status of the retainer money at several meetings since May.

Wes Adams, a building superintendent for the commissioners, told the meeting Wednesday that a list of 19 or 20 deficiencies at the jail had remained uncorrected for months.

Adams said that a technician had made repairs several times, but “by the time he’s 12 miles away, the problems return,” he said.

The continuing problems could pose safety hazards for prisoners and jail personnel according to Adams, .

Last month, the commissioners gave Cyr Construction 21 days to correct problems with the panel, and the technician, according to conversation held at Wednesday’s meeting, had been to the Aroostook County Jail at least four times in the last three weeks.

Aroostook County Sheriff Edgar Wheeler concurred with Adams that the deficiencies and safety problems were major concerns.

According to Aroostook County Administrator Roland D. Martin, the control panel, which cost about $70,000, would cost $89,000 to $100,000 to replace.

Dale Michaud, an architect for the project, said the technician has been at the project six or seven times and done a lot of re-programming. He said architects are expected to “come good for the panel and I have a problem with that.”

Commissioner John McElwee, however, said the control panel was an allowance item in the contract and that makes it part of the contract. The owner has the choice to accept it or not to accept it. “It appears that the damn thing doesn’t work,” he said.

McElwee said that Michaud should inform the general contractor that the control panel is unsatisfactory and that the county will withhold its cost from the retainer until the system is repaired or replaced.

Commissioner Paul Adams said, “I’ve lost all confidence in the system.”

McElwee also made the motion that the remainder of Cyr Construction’s retainer be withheld until the company drops its claims for additional money. If they release the county from the claim, he said, the $55,514 of retainer would be paid the company.

Commissioners voted unanimously to reject Cyr’s claim for the $101,513 in additional money for the jail reconstruction project.

In other business Wednesday, the commissioners took most of the day for a tour and inspection of county-owned roadways and facilities north of Caribou.

At their 5 p.m. special meeting at the Sinclair Volunteer Fire Station, commissioners voted to accept $69,904 in local road-assistance money from the Maine Department of Transportation and approved a contract with the town of Van Buren for fire protection, ambulance service and dump use for residents of Van Buren Cove, T17 R3.

Ambulance service will cost $3,310, fire protection $2,500 and landfill use $3,000. The total for the three services, $8,810, is an increase of nearly $2,700 over last year’s cost of $6,146.