Board approves MCL pay applications 28–29 and agrees to reduce retainage to 5% pending verification amid contractor delays

Brandon reviewed three pay applications from MCL for the current construction project and explained that pay applications 28 and 29 represented completed work while pay application 30 involved paying down retainage. Trustees expressed concern about contractor responsiveness, schedule slips and discrepancies between a verbal proposal and an emailed figure for retainage reduction.

Board members debated the contractual retainage percentage. One trustee noted that the contract allows a reduction to 5% but could not find authority for a lower 2.5% figure that had appeared in email correspondence. "I can't find anything within the contract that permits that," a trustee said when asked about a proposed 2.5% figure; others pressed to follow contract language and protect the district from unfinished work.

After discussion the board approved payouts 28 and 29 as presented and moved to approve payout 30 with retainage reduced to 5% but not below 5%, contingent on verification of the calculations by Russ and BBH. A trustee said the approach was meant to follow contract language while allowing some progress payments; the board also discussed possible liquidated damages and the need to hold retainage to ensure completion.

Brandon also updated trustees on project scheduling: officials' locker room work is delayed while tile deliveries are rescheduled, and several flooring items and the science room floor are set for work over the Christmas break. He said BBH had requested additional funds and a meeting was tentatively set to review time extensions and related claims.

The board directed staff to validate payout math and coordinate with BBH and the construction oversight team before processing retainage adjustments.