6. NEWI BUSINESS (Cont'd
<br />roofing, but when I looked at the job, I was hoping that every
<br />contractor had read the specifications the way'I had, seeing
<br />that it required at least six square of shingles." As to the
<br />question by Commissioner Wiggins where the 14 comes in, Mr.
<br />Madison advised, 6 + 3 = 9 plus the 5 (2 of shingles and 3 of
<br />rolled roofing), which makes a total of 14.
<br />Commissioner Wiggins said, "For a great many contractors, I
<br />could buy the idea that they weren't familiar with the procedure,
<br />but I can't buy that in your case, because you ought to know
<br />these procedures better than any other contractor out there."
<br />Mr. Madison said, "I'm familiar with the procedure, but I'm also
<br />familiar with the contractual obligations that we must maintain.
<br />When we are bidding on the jobs that we bid on the basis of the
<br />bid proposal, and when we deviate from that, that is..." Com-
<br />missioner Wiggins interrupted "You are not privileged to deviate."
<br />Mr. Madison said, "That's correct." Commissioner Wiggins stating
<br />further, "So when you deviate from that, without getting approval
<br />for the deviation, you're on your own." Commissioner Cira also
<br />said, "That's right."
<br />Commissioner Wiggins further added, "Now, if you want to donate
<br />roofing to people, I'm 100% for that. I think you are a very
<br />generous fellow, but if you want us to donate; you're going to
<br />have to ask us first." In further explanation, Mr. Madison said
<br />there is quite a delay in applying for a change order, and "after
<br />we had started the work and rather than excuse the men for a week or
<br />two, or three, waiting on the approval, I just went on and completed
<br />the work, as necessary, on the site. Commissioner Wiggins replied,
<br />"Well, the only thing I can say is.that you took the gamble and you
<br />lost."
<br />Mr. Gene Evans, Executive Secretary, South Bend Civic Planning
<br />Association, said, "Yes, but he has not lost yet. I would like
<br />to say a word to defend Mr. Madison, and he and I don't even know
<br />each other. I think from a practical standpoint, I think I would
<br />have done the same thing he did, recognizing that his image- -
<br />his reputation as a contractor -- might be defaulted a little bit
<br />if he were not to finish the job properly and then run out of the
<br />contract specified amount of material. Now, I think you and I,
<br />if we had been doing our own roof and had not purchased enough
<br />material, we would have gone out and immediately purchased the
<br />material to finish the roof. I think he is to be commended for
<br />finishing the job. Admittedly, it's a risk, but I don't think
<br />you ought to be 'batting him over the back,' but the risk and
<br />prejudging here- -you said, 'He gambled and lost. Your vote
<br />hasn't been taken, I would remind you. I appreciate the staff's
<br />recommendation here and I am probably clear off base, and from
<br />where my main concern is supposed to lie, but I do feel that in
<br />many respects he has taken the right action.
<br />Commissioner Wiggins said, "There is an obligation here on the
<br />part of any contractor- -and I say, any contractor - -to check the
<br />job and find out whether the recommendations here of our staff
<br />who put out the specs are proper or not; whether these materials
<br />
|