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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