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PAGE ADDED ON November 4, 2009
By Margo Frink
(Oneida, NY) The low bidder to reconstruct the city’s new justice center did not receive the bid due to subcontracting specifications. Park City Builders of Hamilton was low bidder but based on recommendations from the project’s engineers and architects Contracting Management Inc. of Bernhards Bay was awarded the contract, according to city Engineer Jim Bacher.
Benjamin Heintz, vice president of Park City Builders attended the Nov. 2 Common Council meeting to question the decision. Heintz wanted to know how the city came to that determination.
“We were the lowest bidders,” Heintz said.
Bacher said the bid included language on how much work the contractor would perform and how much of the work would be contracted out. Based on recommendations by the architects Bacher said each contractor was asked if they could and would perform 50 percent or more of the work instead of subcontracting.
“Contracting Management said they could and would,” Bacher said. “Contracting Management was able to meet contract requirements.”
That information was not in the bid specifications, Bacher said, but the city reserves the right to make those decisions.
Mayor Peter Hedglon said the city was fortunate enough to have two qualified bidders but explained that the city can perform its “due diligence” in cases such as this to determine if the low bidder can perform the requirements of the contract.
“The lowest bidder can be rejected due to this,” Hedglon said.
Heintz thanked the council for the opportunity to bid on the job and added that 95 percent of the work his company performs is commercial work and that it differs from retail work, which he thought, made Park City the best qualified bidders. He told the council that the city can reject all bids and rebid the contract and award the job to the lowest bidder. Heintz also said that Park City has sought counsel on this topic and they will be protecting their end.
DeBottis echoed Bacher that both contractors originally proposed more than 50 percent of the work be subcontracted but both were approached on the subject and Contracting Management could meet the requirements.
The Council also approved the Oneida Justice Center capital project.
Charles McMahon asked how the project will be financed.
Hedglon said part borrowing and part from the general fund. He said $575,000 will be financed by the city. The state will reimburse the city $1.8 million, he said.
Several items on the agenda to canvass bids for the various construction phases of the new justice center were all approved by a vote of 5 to 1. Councilman Don Moore was the lone nay vote.
New fire truck on hold
An agenda item to canvass bids for a new fire engine in the amount of $442,000 was tabled for two weeks after Councilman Dan Jones made the motion. Councilwoman Marcia Rafte seconded the motion.
Jones asked fire Chief Don Hudson to explore looking into a used truck that might meet the department’s specifications.
Hudson said it may take him longer than two weeks to research but at least this way they will have more of an idea of what is out there after reaching out to vendors.
Councilman Rob Brown voted against the council’s decision to table it.
Sign fees
The Council set the fees for sign permit applications. Added was a $25 fee for downtown commercial businesses, instead paying the usual $75 fee for commercial businesses. This came after a recent request was made by the Downtown Business Committee to have sign permit fees waived for downtown businesses.
Hedglon said the $25 fee does not come close to what it cost the city to process sign permits. He made a suggestion that the city update its fee and permit regulations.
In other news
The Council authorized police Chief David Meeker to expend funds for bullet resistant vest replacement in the amount of $10,366. Meeker said vests are recommended to be replaced every five years. He said half of this cost will be reimbursed.
A $25 fee per card for non-criminal fingerprints taken by the police department was approved. Meeker said the fee covers the cost.
Budget
The mayor’s 2010 budget has been placed on file. A public hearing has been set for Nov. 17 at 7 p.m.
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