Norwich didn't break law in rejecting low bid for school work

Norwich — City officials in charge of the $40 million Kelly Middle School expansion project did not violate state bidding laws by rejecting low bids for mechanical and electrical work, a New London Superior Court judge ruled in a suit brought by the low bidders.

Plainville firms Ferguson Mechanical Inc. and Ferguson Electrical Co. Inc., both headed by President Lee T. Ferguson, had sought a court injunction to halt electrical and mechanical work on the school project and to award the bids to the Ferguson companies. Judge Joseph J. Purtill heard three days of testimony in New London Superior Court in March, but no injunction was granted. Work progressed without delay at the Mahan Drive school during the dispute.

The Ferguson companies were the low bidders on mechanical and electrical work for the Kelly expansion and renovation, but the School Building Committee voted in November to select two different companies upon recommendations from construction management firm Pike Construction. Pike cited negative referrals from other building projects on the Ferguson companies' performance and ability to complete work on time.

The School Building Committee voted unanimously on Nov. 18 to select Action Air Systems Inc. for mechanical and plumbing work and Electrical Contractors Inc. for electrical work.

"In this case involving a time-sensitive contract requiring close coordination between the successful bidder and the school, it cannot be found that the procedure used by the committee defeated the very object and integrity of the competitive bidding process, as alleged," Purtill wrote in the ruling issued July 7 and received by city officials Monday. "The process used was fair with no claim or evidence of favoritism, fraud or corruption."

The companies also had claimed that Pike was prejudiced against the Ferguson companies because of a lawsuit involving work on a new library at Eastern Connecticut State University. The companies claimed that Pike never disclosed the conflict of interest to city officials in the Kelly project.

But Purtill said that "it cannot be found that the (ECSU) conflict defeated the integrity of competitive bidding."

Ferguson could not be reached for comment Monday. His attorney, Patrick Day of New London said he had not seen the ruling and could not comment. He said he would review it and discuss options with Ferguson.

Norwich School Building Committee Chairman Charles Jaskiewicz, also the Board of Education chairman, said he was pleased with the decision and expected this ruling. Jaskiewicz praised Pike Construction for its oversight of the project and said timing is critical. Portions of the renovated school are scheduled to open at the start of the next school year on Sept. 8.

c.bessette@theday.com