A general contractor has again taken legal action against the Town of Tonawanda after another of its low bids on the Parker-Fries sewer replacement project was rejected last week by the Town Board.
The board on April 20 accepted the approximately $9.52 million bid by Concrete Applied Technologies Corp. of Alden for the fourth – and final – phase of the project. But, in court documents filed last week, Accadia Site Contracting Co. of Depew said its low bid of $9.37 million should have been selected.
“The Town’s decision to award the Contract to Catco was arbitrary and capricious because Accadia was the lowest qualified bidder for the Contract,” according to an Article 78 proceeding filed April 21 against the town and Catco.
State Supreme Court Justice Deborah A. Chimes agreed on Monday to extend a restraining order granted last week to Accadia that temporarily bars the work from beginning. A hearing is scheduled May 11.
Accadia’s bid was deemed “noncompliant with the bid specifications” because it didn’t include required forms on equal employment opportunity for women and minorities, said Town Attorney John J. Flynn.
“The bid specifications were crystal clear that they had to comply with the minority and women business requirements,” he said, noting that the requirements were discussed during a March pre-bid meeting with contractors.
Other contractors’ bids were also rejected for failing to submit the forms, Flynn said, including Frey Electric’s $883,000 bid for the electrical construction portion of Phase 4. The second-lowest bid of $1.18 million bid by CIR Electrical Construction was selected.
Accadia also sued the town in 2012 after its low bid on Phase 2 of the sewer project was rejected. In that case, Accadia, in a letter to the town, had expressed concerns about the potential for damage by installing temporary sheet piling over holes in roads, as required in bid specifications, and wanted the company held harmless should damage claims arise.
That legal challenge went to the Appellate Division of State Supreme Court, which upheld the dismissal of Accadia’s suit.
Phase 4 work will affect streets in the Kenilworth neigh- borhood, including Chelsea Street and Montrose, Chalmers, Lyndale, Hawthorne, Grandview and University avenues.