Boro sends warning to contractor

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August 1, 2009

By SUSAN EVANS The Tribune-Democrat Sat Aug 01, 2009, 11:31 PM EDT

EBENSBURG — The borough is cracking down on the performance of a Bedford contractor hired to improve and repair sidewalks on a busy street.

Maintaining that the work is behind schedule and a subcontractor violated wage laws, Borough Council agreed that further payments will not be made until the issues are resolved.

Fred Imler & Sons Inc. of Bedford has billed the borough for more work than was actually performed on the West Ogle Street walks, and further payments will not be made until the work catches up with what was invoiced, said Borough Manager Dan Penatzer.

The work is part of a larger, $340,000 sidewalk improvement project.

The contractor was granted a 10-day extension, but was sent a sternly worded letter warning that further delays would negate the contract.

All of the sidewalks and curbs on West Ogle, which runs parallel to the main thoroughfare downtown, are involved. The work includes 5,700 feet of curbing and 2,760 square yards of sidewalk along 52 properties.

An additional issue is Imler’s use of a subcontractor, Burns Concrete, which state labor officials are questioning about prevailing wage issues.

“No further payments for project costs incurred by Burns Concrete can be processed by the borough until accurate certified payrolls are received,” the borough’s letter said.

As with the previous sidewalk projects, property owners will be assessed the actual bid cost of the sidewalk, and the borough will pay for the balance of the project.

Complaints on West Ogle have included debris left lying around, a portion of new sidewalk that has cracked and a portable toilet on the street, Penatzer said.

All work is to be done by Aug. 10, according to the letter.

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