283.95
RESOLUTION TO ACCEPT BIDS FOR CONTRACT NO. 32
FOR CONSTRUCTION OF 16" TRANSMISSION MAIN
RESOLUTION NO. 283, 95
INTRODUCED BY: Mr. Nick Caimano
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Carol Pulver
WHEREAS, the Town of Queensbury, Warren County, New York, duly
advertised for the construction of a 16" transmission main for the
Queensbury Consolidated Water District, which work is more
specifically identified in contract documents previously submitted
and in possession of the Town Clerk of the Town of Queensbury, and
WHEREAS, the Town Board has been advised that six (6) bids
were submitted, with the low bid being submitted by Schultz
Construction Company, Inc., of Round Lake, New York, in the amount
of $312,418.00, and
WHEREAS, the Town Board of the Town of Queensbury has been
advised that the Schultz Construction Company, Inc. bid was
substantially lower than the second lowest bidder, which prompted
them to review their bid, and
WHEREAS, the Town Board of the Town of Queensbury has been
advised that Schultz has requested to withdraw their bid in
accordance with General Municipal Law, Section 103 (11), and have
cited major omissions due to human transcription errors in their
estimate, and the Town Board is advised that the Town Engineers
have been provided with evidence substantiating the errors and
omissions, and the Town Engineers have recommended that the Town
Board allow Schultz Construction Company, Inc. to withdraw their
bid, and accept the next lowest bidder, Joseph R. Wunderlich, Inc.,
of Latham, with a bid of $431,599.50, and
WHEREAS, the Town Board of the Town of Queensbury is advised
that, of the five (5) bids, other than the bid of Schultz
Construction Company, Inc., three (3) are less than the Engineer's
estimate and all were within $26,013.50 of each other,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby
finds that the mistake made by Schultz Construction Company, Inc.,
in connection with its bid, was (1) made known to the Town of
Queensbury within three days after the opening of the bid, (2) the
price bid was based on an error of such magnitude that enforcement
would be unconscionable, (3) that the bid was submitted in good
faith and the bidder has submitted credible evidence that the
mistake was a clerical error as opposed to a judgment error, (4)
the error in the bid is actually due to an unintentional and
substantial error or omission in transcription of estimates and,
therefore, an unintentional omission of a substantial quantity of
work, labor, material or services made directly in the compilation
of the bid which has been clearly shown by inspection of various
papers and documents, and (5) it is possible for the Town of
Queensbury to be placed in a position as good as if the mistake had
not occurred in view of the fact that there are several other
bidders, and
BE IT FURTHER
RESOLVED, that the Town Board of the Town of Queensbury, after
giving due consideration to the circumstances outlined in the
preambles of this resolution, hereby determines that it would be
appropriate to allow Schultz Construction Company, Inc. to withdraw
the bid in accordance with General Municipal Law, Section 103 (11),
and the Town Board of the Town of Queensbury hereby further
determines that, based on the number of bidders, the circumstances
surrounding this matter and the Engineer's recommendations, the
next lowest bidder, Joseph R. Wunderlich, Inc., of Latham, New
York, should be awarded the bid for the construction of the 16"
transmission main, at a bid amount of $431,599.40, and
BE IT FURTHER
RESOLVED, that the amounts due in connection with the awarded
bid shall be paid for from the appropriate Water Department
Account.
Duly adopted this 8th day of May, l995, by the following vote:
AYES : Mrs. Pulver, Mr. Turner, Mr. Caimano, Mr. Champagne
NOES : None
ABSENT: Mrs. Monahan