8/7/2019 Lebanon Snow Removal Dias Letter (Rev. 2)

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February 17, 2011

Via Certified Mail / Return Receipt Requested

Mr. Jody WalshFacility Manager Lebanon Public Schools891 Exeter RoadLebanon, CT 06249

Dear Mr. Walsh,

It has come to our attention through recent newspaper articles and television news reportsthat there is some confusion with the Lebanon School District regarding Eagle’s invoicefor snow removal at your school facilities.

When you initially contacted Eagle for emergency roof snow removal work on or aboutJanuary 30, 2011, you were made aware of an estimated schedule and budget. Eagleresponded to your weekend emergency call and mobilized on multiple sites to commencework on Monday, January 31, 2011.

On February 2, 2011, in response to Lebanon School’s request, Eagle provided a currentcost estimate of $165,000 - $180,000 for work performed to date. This projected to an

overall budget for the 3 schools involved of approximately $275,000 - $300,000 basedupon the remaining time required for completing the snow removal.

On February 3, 2011, there was a meeting attended by Eagle (Bill Bernhardt, ProjectManager), Jody Walsh, Janet Tyler and two Board of Education members, during whichall reviewed the work progress and costs. During that meeting, both Janet Tyler and JodyWalsh stated that Lebanon Schools was happy with Eagle’s response and progress todate, though Ms. Tyler questioned why the project was not completed yet. Eagleresponded that the original schedule was 1 ½ - 2 days per school for an overall scheduleof 4 ½ - 6 days for the three schools, targeting a final completion date of end of business,Friday February 4, 2011.

As one of the Board of Education members questioned the rate of $110/man-hour, Eaglespecifically asked at that time whether it should continue with the project at that rate.Both Mr. Walsh and Ms. Tyler directed Eagle to continue. Eagle asked about paymentand if the project was funded, and Ms. Tyler responded that Lebanon Schools hadfunding in place and that Lebanon Schools pays promptly. The Board of Educationmembers also confirmed that funds were available and that Lebanon Schools were soundfinancially. Eagle Rivet offered a 2% discount for prompt payment which Ms. Tyler 

 For all your roofing needs.

15 Britton Drive, Bloomfield, CT 06002 860-953-1231 fax 860-953-0619

8/7/2019 Lebanon Snow Removal Dias Letter (Rev. 2)

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indicated the School District would be interested in.

Our final invoice of $303,160 is well within typical pricing for roof snow removal,especially in light of the quick time-frame, the sizes of the three schools involved, and thesheer volume of snow needing removal, all of which required Eagle to: (i) engage

additional personnel to get the work done in accordance with the proposed schedule; (ii) pay for room, board, travel costs, gas, and supervision for such personnel; and (iii) to purchase additional snow removal and safety equipment for such personnel. These costswere included in the $110/per man-hour rate for the job.

Based on the above, I am very disturbed by the serious misrepresentations made by theTown to the media. The Town was well aware of the rate Eagle was charging, theongoing costs of the snow removal, and the likely estimate of what the final projectwould cost. The fact that the Town was actively consulted throughout the course of the project, accepted Eagle’s work part way through the project, and directed Eagle tocontinue at the $110/man-hour rate through completion, only to then profess shock over 

the invoice to the media and accuse Eagle of price gouging (rather than simply contactingEagle directly to discuss its concerns), is disingenuous, malicious, and potentiallyslanderous, and has already resulted in loss and damage to Eagle.

Further, if the Town was to research customary rates, it would find that the fee charged iswell within market parameters, irrespective of the emergency request. Perhaps the Townis more familiar with more cost effective but unlicensed vendors who operate incontravention of state and federal law. However, that is not how Eagle conducts its business, with the health and safety of our workers being of paramount importance.

Eagle has already been contacted by the Attorney General’s Office, and intends tocooperate fully so as to put this matter to rest, but please be assured that Eagle intends tocollect, in full, on all amounts due and owing to it from the Town, and will avail itself of any and all remedies at law or in equity, to do so.

Very Truly Yours,

Arthur Dias

Arthur F. Dias, P.E.President

Eagle Rivet Roof Service

cc: Attorney Brendan Flynn, Office of the Attorney GeneralFord & Paulekas, LLP

 For all your roofing needs.

15 Britton Drive, Bloomfield, CT 06002 860-953-1231 fax 860-953-0619