Confusion Over Awarding of Contract for Lang’s Pond Road

After having received four bids on July 11th, the selectmen voted today to award the contract for the reconstruction of Lang’s Pond Road to LA Drew, Inc., even though Integrity Earthworks, LLC., had submitted the lower bid. Chairman Sundquist stated that the reason was that Integrity had not included a bond in their bid, as required. Representatives of Integrity Earthworks were at the meeting and stated that the bid instructions had indicated that the bond was not required. They said they would have included a 3% bond otherwise, but had followed the bid instructions. They also stated that they had called Jack Parsons, who is the town’s code officer and was overseeing the bid process, to ask if Integrity’s bid was complete and that he told them that it was.

LA Drew’s bid was $140,772 while Integrity Earthworks had bid $112,906. However, with a bond the bid would have been higher, though still lower than La Drew’s.

The selectmen then tried to check whether the bond had been optional, but didn’t have the document in front of them and decided to table the discussion. The Integrity Earthworks representatives then left. One of them returned a short while later with the bid instructions and the relevant part highlighted. The selectmen thanked him then returned to their other business.

At the end of the regular meeting they reopened discussion of the contract. Selectman Lloyd Wood read from an excerpt from a municipal magazine he had excerpted, which indicated that the state requires bonds on contract bids of more than $35,000. However, the bid instructions for Lang’s Pond Road did clearly state that the bond was “not required.”

The selectmen were unsure what to do, and not wanting to make a decision without more information, decided to postpone another vote until tomorrow morning at 9AM. They would like Jack Parsons to be present.

The selectmen said that they were not adjourning their meeting, but instead went into recess. They are not giving a 24-hour notice of tomorrow morning’s meeting, they said, because it is not a new meeting. Selectmen Wood stated he believed that was legal and chairman Sundquist said she hoped it was.

According to the New Hampshire attorney general’s Memorandum on New Hampshire’s Right-to-Know law, RSA Chapter 91-A:

Additional notice may not be necessary for continuation of public meetings. See Town of Nottingham v. Harvey, 120 N.H. 889, 894–95 (1980) (recess of a public zoning meeting until a later date without notice of the second date did not violate Right-to-Know law). When practical, posting notice of meetings that are to be reconvened supports the spirit and objectives of the Right-to- Know law.

The selectmen did post a notice to the town’s official web site this evening:

On Tuesday, July 26, 2016 at 9:00 a.m., the Board of Selectmen will reconvene to make a final vendor decision for the Lang Pond Road project. The meeting will be held at the Town Office.

*THis post was updated because I misidentified Integrity Earthworks, LLC. I called them Integrity Contractors, Inc., at first. My apologies.

Published in Town Government
Max Ledoux

Author: Max Ledoux

I've lived in Tuftonboro since 2014. I grew up in Lisbon Falls, Maine (the Moxie capital of the world). I run tuftonboro.net.

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