The question of which of two local construction companies will win the contract to build an outdoor skating rink and plaza behind City Hall is expected to be resolved this evening when the City Council holds a special meeting at City Hall.

On Monday Mayor Frank Picozzi requested City Council President Steve McAlllister call a meeting after Tower Construction Co. of Cranston and Bentley Construction of Warwick agreed to scrap their initial bids and step forward with new bids last week.

In the second round of bids not only is Bentley the low bidder by about $50,000, but the city stands to save nearly $500,000. Bentley’s latest bid is $6,715,666. Picozzi is delighted with the savings and only imagined the council would be, too.

That may not by the case, as Ward 5 Councilman Ed Ladouceur observed Monday that there were a number of inconsistences, starting with the fact the city had not opened rebidding to all companies interested in the job to the plan for the bid award to come before the full council without consideration by the council finance committee.

Confusion has plagued this bid opening from the start, casting doubt as to which company submitted the lowest bid. While Bentley’s overall bid was $128,134 less than Tower, the city claimed, a breakdown of Bentley unit costs put them higher than Tower. The administration recommended Tower get the job.

On April 1 the council on an 8 to 1 vote approved a $7,219,000 contract to Tower, but not before Bentley attorneys Allan Fung and Jackson Parmenter vehemently argued Bentley was the low bidder. Fung said the city should have contacted Bentley regarding any confusion with their bid and the matter would have been made clear.

“Had BETA (which represented the city) made a phone call to anyone at Bentley, they would have known that Bentley’s number- that $6,884,000 number- was correct, and a number they stand by and stand by with the bid bond, we wouldn’t have to get into this unit price, lump sum price- they are the lowest bidder,” Fung told the council.

The following morning, the Bentley attorneys appealed to Superior Court Justice Kevin McHugh who granted a temporary order restraining the city making an award to Tower. A hearing was set for April 17.

Meanwhile, attorneys for both construction firms continued to meet with the city. In essence they agreed to submit their last and best offer and see where the chips fell. Last Friday the bids were opened and the administration deemed Bentley the low bidder.

McAllister said he agreed to Picozzi’s request for a special meeting provided legal counsel was in attendance, as the council’s attorney had recused himself. McAllister observed the vote could have been scheduled for the April 15 meeting, but that would have been during school vacation which may have resulted in difficulty in obtaining a quorum, further delaying the project.

Picozzi is anxious to start work on the facility as soon as possible, noting that specialized equipment is needed for the rink and it could take months to order. In addition, as the second round of bids has shown, he said the contractors sharpened their pencils, “which helps us out.”

McAllister thought it important the work start as soon as possible. “Time is money,” he said. The rink and plaza is projected to take 18 months to build. It is being paid for with a $5 million earmark grant obtained by Senator Jack Reed and American Rescue Act Program funds, which the city would lose if not spent by December 2025.