8/27/2018 BOARD OF SELECTMEN Minutes

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3 Board of Selectmen Minutes August 27, 2018 APPOINTMENTS & HEARINGS DPW Director Catherine Laurent; Discussion of Award of Catch Basin and Paving Annual Contract: The Board of Selectmen at their June 18, 2018 meeting voted to reject the bid recommendation to award a contract to M.C.E. Dirtworks from the Town Manager and DPW Director for paving and catch basis adjustment. The firm was the low project bidder with mixed reviews in terms of their quality of work. The Board of Selectmen after discussion awarded a contract to the second lowest bidder, a responsible contractor with favorable reviews. Catherine Laurent, Director of Public Works was in attendance with Michael Escher of M.C.E. Dirtworks to revisit this matter. It was disclosed a bid protest was submitted to the Attorney General's Office. The statute requires that a contract be awarded to the lowest responsible bidder, and the Town of Mashpee failed to give notice or grant the opportunity for Dirtworks to respond to a negative evaluation from the Town of Yarmouth. Correspondence with respect to this regard was received from Jeff Colby, Town of Yarmouth DPW Director via email dated July 23, 2018 stating he was unaware that one of his project inspectors had written a letter related to the project performance of Dirtworks. Mr. Colby indicated the inspector's letter should not be considered as an official review of Dirtworks project performance for the Town of Yarmouth. The Board of Selectmen apologized to Mr. Escher for the lack of follow up by not affording Dirtworks the opportunity to respond. Motion made by Selectman O'Hara to rescind past action, and award a FYI9 contract to M.C.E. Dirtworks for Paving and Catch Basin adjustment. Motion seconded by Selectman Cotton. VOTE: Unanimous. 4-0. Roll Call Vote: Selectman Sherman,yes Selectman Gottlieb,yes Selectman O'Hara,yes Selectman Cotton, yes Opposed, none