RESOLUTION
A meeting of the Nyack Joint Fire District was convened on January 5, 2023 at 6:30 p.m.
The following resolution was duly offered and seconded to wit:
RESOLUTION AWARDING BID FOR REPAIR AND/OR REPLACEMENT
OF THE EXISTING ROOF AT FIREHOUSE USED AND OCCUPIED
BY ORANGETOWN FIRE COMPANY NO. 1 OF NYACK LOCATED
AT 90 DEPOT PLACE, SOUTH NYACK, NEW YORK
WHEREAS, a Meeting of the Board of Commissioners of the Nyack Joint Fire District (“District”) was held on January 5, 2023 at 6:30 p.m. in South Nyack, New York; and
WHEREAS, the District having previously authorized the repair and/or replacement of the existing roof at the Fire District’s Firehouse used and occupied by Orangetown Fire Company No. 1 of Nyack located at Depot Place, South Nyack, New York 10960 by a qualified contractor capable of supplying the materials, equipment, and services associated with the repair and/or replacement of the existing roof or an approved equivalent, including, without limitation, all demolition, debris removal, repairs, replacement, installation, edging, flashing, sealing, drainage, and warranty (the “Project”); and
WHEREAS, the District solicited Bids for the Project from qualified individuals or entities for the Project and requested any interested person or entity desiring to provide such materials, equipment, and services to submit a Bid according to the instructions contained its Request to Bid package and in compliance with the required specifications; and
WHEREAS, the District Bids received Bids on December 9, 2022 and opened the Bids revealing Bids were submitted by the following parties: [1] Rising Star Infratech Corp., 215-03 Jamaica Avenue, Apt #2, Queens Village, NY 11428: $72,500.00; [2] Stiles Contracting Inc. d/b/a Edward Corey Residential & Commercial Roofing, 50 N. Harrison Avenue, Unit 2, Congers, NY 10920: $132,800.00; [3] VAD Contractors, Inc., 1831 83rd Street, Unit 1A, Brooklyn, NY 11214; [4] Hayden Building Maintenance Corp., 169 Western Highway, West Nyack, NY 10994: $153,540.00; [5] High Point Construction Group Corp., 2747 W. 15th St., Brooklyn, NY 11224: $174,000.00; [6] United Roofing & Sheet Metal, Inc., 500 Federal Road, Brookfield, CT 06804: $194,938.00; and [7] Niko K Construction Corp., 45-67 196th Place, Flushing, NY 11358: $199,000.00 and elected to review them against the requirements, specifications, and preferences contained in the District’s Invitation to Bid, with counsel, before making a decision on who should be awarded the public contract; and
WHEREAS, public contracts are governed by the provisions of Article 5-A of the General Municipal Law (“GML”), which requires that public works projects be submitted to open and competitive bidding whenever the contract for public work is in excess of $35,000 or the purchase contract is in excess of $20,000. See GML § 103 et seq.; see, e.g., LeCesse Bros. Contracting, Inc. v. Town Board of Town of Williamson, 62 AD2d 28 (4th Dept. 1978); and
WHEREAS, the District’s Procurement Policy also provides that the “lowest responsible quote will be awarded the purchase or public works contract unless … a written explanation as to why it is in the best interest of the Fire District and its taxpayers to make an award to other than the low bidder” is given; and
WHEREAS, the issue of “responsibility” is determined by the Board of Fire Commissioners alone and encompasses factors, including pecuniary and financial responsibility, accountability, operational, responsiveness, reliability, skill, capacity, ability, judgment, integrity, and moral worth; and
WHEREAS, in making a determination of responsibility, the District considered, among other things, the foregoing factors and the following:
- The financial and organizational capacity of contractors and subcontractors in relation to the magnitude of work to be performed;
- The record of performance of contractors and subcontractors on previous work projects; and
- The record of contractors and subcontractors in complying with existing labor standards and maintaining harmonious labor relations.
WHEREAS, upon giving due and proper consideration to the Bids received, the District has now determined that Rising Star Infratech Corp’s Bid was not the lowest responsible bidder because its Bid did not comply with the requirements, specifications, and preferences contained in the District’s Invitation to Bid because the Bidder did not sign its bid, did not provide proof of requisite insurance, and did not have a substantial track record of successfully completing similar projects; instead, the District determined that Stiles Contracting Inc. d/b/a Edward Corey Residential & Commercial Roofing was the lowest responsible bidder, provided a signed proposal, transmittal letter, statement of independence, proof of insurance, and a roster of successfully completed similar projects, and whose workmanship and industry is known from its prior experience working on the subject Firehouse; and
WHEREAS, based on the foregoing, the District desires to award the Bid to Stiles Contracting Inc. d/b/a Edward Corey Residential & Commercial Roofing for $132,800.00, because it is the lowest responsible bid the District received and it is otherwise in the best interests of the District to use a party with prior experience with the building and its roof, in light of the fact that the 2022-2023 winter season has already commenced.
NOW THEREFORE, it is resolved, upon motion by Commissioner Robert Booth and seconded by Commissioner James Hartwick the matter was put to a vote and it was moved and determined as follows:
Section 1. The District hereby ratifies and affirms each and every “Whereas” paragraph above as though set forth in full herein.
Section 2. The District awards the Contract to the repair and/or replacement of the existing roof at the Fire District’s Firehouse used and occupied by Orangetown Fire Company No. 1 of Nyack located at Depot Place, South Nyack, New York 10960 and to supply the materials, equipment, and services associated with the repair and/or replacement of the existing roof or an approved equivalent, including, without limitation, all demolition, debris removal, repairs, replacement, installation, edging, flashing, sealing, drainage, and warranty, to Stiles Contracting Inc. d/b/a Edward Corey Residential & Commercial Roofing for $132,800.00, because it is the lowest responsible bid the District received, and it is otherwise in the best interests of the District to use a party with prior experience with the building and its roof, in light of the fact that the 2022-2023 winter season has already commenced.
Section 3. The Project is deemed a public works project and all the provisions of the prevailing wage requirements apply to this project.
Section 4. That the Chairman for the District’s Board of Fire Commissioners is hereby authorized to negotiate and execute a Contract on behalf of the District for the Project with Stiles Contracting Inc. d/b/a Edward Corey Residential & Commercial Roofing for $132,800.00, consistent with the requirements, specifications, and preferences contained in the District’s Invitation to Bid.
Section 4. This Resolution shall not take effect immediately.
The question of the adoption of the foregoing Resolution was duly put to a vote on roll call, which resulted as follows:
Yea Nay Abstain Absent
Chairman Ryder [ X ] [ ] [ ] [ ]
Commissioner Hartwick [ X ] [ ] [ ] [ ]
Commissioner Booth [ X ] [ ] [ ] [ ]
Commissioner Phillips [ ] [ ] [ ] [ X ]
Commissioner Knecht [ ] [ ] [ ] [ X ]
The Resolution was thereupon duly adopted.
