Lockport Union-Sun & Journal Online

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May 17, 2013

Witnesses contradict suing bidder's claims


Lockport Union-Sun & Journal — In their sworn statements, CRA employees Michael T. Marino and Daniel J. Kolkmann, the parking-construction job project manager and construction manager respectively, both said Juliano tried handing them the Scott bid and that they refused to accept or open it because it was late.

Juliano opened the bid himself and showed them the contents, Marino and Kolkmann both said. The engineers verbally confirmed to Juliano that the Scott bid was lower than the lowest on-time bid, they added.

The engineers’ statements oppose the Scott representatives’ account of the bid opening. The suit says Juliano “delivered the still sealed bid to the engineer there ... who took the Scott bid and said ‘Let’s see what you’ve got.’ Then, upon opening the Scott bid, the engineer indicated that ‘you are the low bid.’ Thereafter, Scott anticipated that the city would award the contract to Scott as the responsible lowest bidder.”

CRA’s Marino, in his statement, took note of “several bid items (that) were whited out and rewritten in” in the document that Juliano showed them.

The parking garage project has been on hold since May 1, when at Scott Lawn’s request, state Supreme Court Justice Richard Kloch Sr. issued a temporary restraining order preventing Empire Dismantlement Corp. and the city from commencing a contract.

The city is petitioning Kloch to lift that order and throw out the Scott Lawn suit.

Its petition, penned by City Attorney Ottaviano, says state law does not authorize the city to entertain bids submitted after its stated deadline. It cites case law supporting municipalities that reject late bids.

Further, the petition alleges Scott Lawn is shifting blame when it claims its agent was misled or misinformed about the date and place where bids were due.

The city’s published Notice to Contractors specified that bids for the Lockport Parking Garage Demolition, construction and electrical work portions, would be received at the City Clerk’s office until 2 p.m. April 5.

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