SACO — Maritime Construction and Engineering has asked the city to reopen bidding for the Stackpole Creek Bridge project, saying that the process was unfair.

The Stackpole Bridge is a stone bridge on Simpson Road that dates back to 1848 and is currently closed to vehicular traffic. In November, residents voted to allow the city to borrow up to $990,000 for a restoration or replacement project that would reopen the bridge.

The City Council, on May 4 with a 4-3 vote, approved a bid by Chesterfield Associates to rehabilitate the bridge ”“ an option that had the support of The Friends of Stackpole Bridge, a local group advocating for the rehabilitation of the bridge. Councilors Leslie Smith, Arthur Tardif and David Precourt voted in opposition.

According to city documents, city staff had recommended a replacement project by Maritime Construction and Engineering.

City Attorney Tim Murphy, in a letter to the city dated April 28, had stated concerns with Chesterfield Associates, as the company had made “repeated objections” to city requests regarding insurance coverage requirements and indemnity conditions and had requested “significant relaxations” of these conditions.

Murphy said, after the bidding period, Chesterfield Associates wrote a letter to the city to waive its original objections.

“It’s an after-the-fact amendment offered late in a process that does not generally permit post-bid amendments,” wrote Murphy. “….I could not recommend that the city rely on post bid promises that may or may not be enforceable.”

Attorney A. Robert Ruesch, on behalf of Shawn Toohey of Maritime Construction and Engineering, emailed the city engineer on May 5, stating that no other bidder was given the opportunity to alter its non-responsive bid and there was “no level playing field”.

Ruesch wrote the city on May 8, asking the city to reconsider it’s “fatally flawed procurement” and to reissue a request for bids on the bridge project.

“Otherwise, litigation of this matter will likely result in a delayed project and costly expenses for both sides,” he wrote.

The City Council is scheduled to discuss the Stackpole Creek Bridge during an executive session on Monday.

Mayor Don Pilon said, during the executive session, the council will talk with the city attorney to discuss Toohey’s correspondence with the city, the bidding process, and any possible repercussions.

— Staff Writer Liz Gotthelf can be contacted at 282-1535, ext. 325 or [email protected].