The draft minutes for the Selectmen’s August 1 meeting have been posted to the Tuftonboro town web site by Administrative Secretary Karen Koch. Here is the portion of the minutes that deals with the Lang’s Pong Road construction contract:
The Selectmen revisited the Lang Pond Road award of bid and invited Jack Parsons to participate in the conversation. Selectman Marcussen shared his opinion that his vendor choice is still the same. He reaffirmed that Integrity Earthworks is inexperienced in this area.
Selectman Wood shared his formerly mentioned research regarding RSA 447:16. His opinion is to let Integrity Earthworks add a bond if it is legal and acceptable or to reject all bids and redo the process.
Chairman Sundquist’s opinion stayed the same. She doesn’t feel that the Selectmen’s reasons are strong enough to not move forward with Integrity Earthworks if they present a performance bond.
Jack Parsons confirmed that no official prequalification process was done. Although, none of the applicants were on the State approved contractor list. His recommendation is based on experience. He researched Integrity Earthworks past projects but did not find any solid evidence of past experience applicable to this project.
There was some discussion about the bond requirements, bond amounts, and the low bidder’s confirmation that they would post a bond if required. Jack Parsons expressed concern that he doesn’t want to have to use the bond. Selectman Marcussen explained further that a bond protects the Town in the event of non-performance but it doesn’t get the job done in a timely manner. Selectman Wood added to this explanation stating that a bond is an insurance policy.
Chairman Sundquist doesn’t feel that the chance of non- performance is reason enough to not accept the lowest bidder. Selectman Marcussen feels the opposite as the lowest bidder doesn’t have any demonstrative experience in this area. Selectman Wood shared that he also doesn’t believe that the reason to reject Integrity Earthworks is enough. He is most comfortable rejecting all bids, and redoing the process. It was then discussed amongst the group that the only issue with redoing the process is that all bidders know the other offers at this point.
Selectman Wood made a motion to stand with the original motion of the original bid, seconded by Selectman Marcussen. Vote passed 3-0. Chairman Sundquist voted yes with hesitation. It was asked that Karen Koch relay this decision to Integrity Earthworks.
And during public comment:
During public input, Betsy Frago asked about Norway Plains’ responsibility in regards to the review of the Lang Pond Road bids as well as questioned if Norway Plains reviewed the Invitation to Bid packet. Chairman Sundquist confirmed that Norway Plains did make mention that a performance bond was not included on Integrity Earthworks’ bid but also didn’t know if it was required or not. The Selectmen didn’t know if Norway Plains was provided the Invitation to Bid packet for review. Chairman Sundquist shared that none of the people involved in creating the Invitation to Bid packet were aware that a bond was required until after the submissions were received. Ms. Frago also questioned why Selectman Marcussen was not available to attend the meeting Friday with Integrity Earthworks. Chairman Sundquist explained that Selectman Marcussen was originally available to attend but circumstances arose that prevented him from staying. Although Integrity Earthworks has not indicated that they would sue the Town, she asked if NHMA was asked if the Town can be sued for not taking the lowest bid. Chairman Sundquist responded that they did not inquire about this and this is a concern of hers as well. Ms. Frago also asked about the cost difference between the lowest bid and the second lowest bid. The Selectmen explained that it is approximately a $30,000 difference.