Bid challenge holds up Amherst school construction contract

An architect’s rendering shows the front entrance to the planned new elementary school in Amherst, which the town needs to be completed by the fall of 2026.

An architect’s rendering shows the front entrance to the planned new elementary school in Amherst, which the town needs to be completed by the fall of 2026. CONTRIBUTED

By SCOTT MERZBACH

Staff Writer

Published: 10-25-2024 1:39 PM

AMHERST — A challenge against the low bidder for the $97.5 million elementary school project, filed with the state attorney general’s Fair Labor Division, is prompting town officials to hold off on executing a contract with that company.

Town Manager Paul Bockelman told the Town Council on Monday that the $73.48 million bid from CTA Construction Managers of Waltham, the lowest of three bids and $4.8 million below the funding agreement between the town and the state, has been awarded, but the protest filed by the Foundation for Fair Contracting of Massachusetts and the North Atlantic States Regional Council of Carpenters is holding up signing the contract.

“The execution of the contract has been put on hold pending resolution of bid protests filed by two construction industry organizations and one of the other bidders,” Bockelman said.

The bids were received in September for constructing the 105,750-square-foot, net-zero emissions building with space for 565 K-5 students on South East Street next to the current Fort River School. The building, designed by DiNisco Design of Boston, will be powered by ground-source heat pumps and photovoltaic panels.

The other bidders were J&J Contractors of North Billerica, which submitted a $75.01 million bid, and Fontaine Brothers Inc. of Springfield, which submitted a $75.62 million bid.

The Fair Labor Division will hold a virtual hearing Tuesday at 10 a.m. to deal with the assertion that CTA isn’t eligible to be awarded the contract.

Bockelman said he isn’t sure exactly how the process will play out, which is why town officials have been cautious. “We have awarded the bid, but haven’t signed a contract until this is resolved,” Bockelman said.

According to information from the attorney general’s office: “When resolving a public building construction or public works construction bid protest, the Attorney General’s Office applies the applicable and relevant law to the facts that are found at the hearing. The applicable law is derived from three sources: statutory law, case law, and prior bid protest decisions from the former Department of Labor and Industries and the Attorney General’s Office.”

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Bockelman said all three of the bids were less than the funding agreement between the town and Massachusetts School Building Authority, which is for $81.34 million, and the work has been estimated at $76.55 million.

Such bid protest actions are common on large, complex projects, Bockelman said. He noted another opportunity would be to go to court to seek a remedy if the attorney general’s office doesn’t resolve the issue to anyone’s satisfaction.

It’s uncertain if this could affect the timeline for the project. When the contracts were received in September, the Elementary School Building Committee was informed construction would begin soon, and that the June 2026 deadline for substantial completion was still possible, even as the bid deadline was pushed back a month in response to questions from bidders. The owner’s project manager described “acceleration tactics” that could be employed, if necessary, such as extending work days and working weekends.

Bockelman said the sense of urgency will be pointed out to the attorney general’s office.

“We’re unhappy that this is being delayed, because we’re on a relatively tight time frame, where we need to get the school opened in the fall of two years from now,” Bockelman said. “We can’t lose the time this early in the process, and we’re trying to convey that to the attorney general to expedite the hearing and the resolution of this.”

Bockelman said all general contractors have agreed to hold their bid prices for an additional 30 days. All three firms are experienced, and the town’s architect has worked with all three successfully, he said.

Scott Merzbach can be reached at smerzbach@gazettenet.com.