Middletown School District Sued Over North Turf Field Replacement

MIDDLETOWN, NJ — The Middletown school district has been sued in its attempt to replace the track and turf field at High School North.

And the legal battle means High School North will not get new turf until next summer, 2024.

A contractor called LandTek sued the school district in March, alleging that the Board of Education improperly awarded the job to replace the track/turf to another contractor.

In late June, Monmouth County Superior Court Judge Richard English ruled in LandTek's favor, and the school district now has to start the process all over again to get the turf replaced.

Here is the back story:

The Middletown school district has long discussed replacing the aging turf field and track at High School North, and the current school board set aside money in this year's 2022-23 budget to do so.

In January, the district solicited bids for the project and three bids were received in March.

The lowest bid for the project was submitted by Applied Landscape Technologies, Inc. at a total cost of $1.9 million. The second lowest bid for the project was $2.1 million, submitted by LandTek Group. A third bidder, Flanagan's, came in at $2.2 million.

However, LandTek Group filed a bid protest immediately after the bids were received, arguing that Applied’s submission did not include all of the required documentation.

The Middletown school district consulted with their lawyers, reviewed the bids and "was advised that Applied's bid submission was legally sufficient," said acting-superintendent Jessica Alfone in this letter sent home Tuesday explaining the situation. That is why at their March 28 meeting, the Middletown school board awarded the contract to Applied, as they quoted the cheapest amount to do the job.

(The law firm retained by the Middletown school district is Cleary, Giacobbe, Alfieri and Jacobs of Matawan. Current Board lawyer Bruce Padula, who sits in on school board meetings, works for Cleary, Giacobbe, Alfieri and Jacobs.)

The district immediately began to get the job started, "with an anticipated completion date in early September," said Alfone.

But on May 3, a restraining order was issued that stopped all work on the North track/turf replacement. Then on June 30 Superior Court Judge English said he disagreed with Middletown school district's lawyers and determined that Applied's bid was indeed materially deficient.

In his June 30 decision, Judge English had some harsh words for the Middletown school board, and accused them of "a clear abuse of discretion." He wrote:

"Applied’s failure to list its intended turf product and product data in its bid was a material and nonwaivable defect. New Jersey courts have consistently held that where an error is deemed material, it cannot be cured after the bids are opened. Yet, this is precisely what was done when the Board permitted Applied to furnish its product specifications after its bid submission. This impermissible supplementation flies in the face of our public bidding scheme. Based on the foregoing, the Board’s decision to award the Project to Applied was an arbitrary decision, amounting to a clear abuse of discretion. Therefore, Middletown Board of Education shall hereby award the contract for the project, known as Track and Turf Replacement at Middletown High School North, to LandTek Group Inc., as the lowest responsive and responsible bidder."

That is why at their next meeting, scheduled for July 26, the school board will be asked to rescind (take away) the contract they awarded to Applied.

As you just read, Judge English also ordered the Middletown school board to award the contract to LandTek. But it remains to be seen if that is what the Board will do at their July 26 meeting. Stay tuned!

To Middletown parents and kids, all of this means that the North track and turf replacement will not get done until next summer.

Alfone said the district hoped to have it completed in time for the fall 2023 sports season. But the district does remain committed to getting the turf replaced, she said.

"The delay of this project is disappointing and frustrating," she wrote this week. "The Board of Education remains committed to completing this project and the budget funds are still in place. After much consideration, the district will plan for this work to begin next spring. Continuing with this project at this time would extend the work well into the fall season and cause very significant disruption for our fall athletic programs. The district will continue to inspect and maintain the field and track to ensure that they are in safe playing condition for the fall season. Status updates will be provided as the project continues to develop."