2010-2562010-256
Resolution Authorizing the Supervisor And/Or the Attorney to the Town to Enter into a
Memorandum of Understanding Tolling the Statute of Limitations in Connection with
Potential Litigation Involving PETNY
At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on August
16, 2010.
The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
ABSENT:
Christopher J. Colsey
William H. Beale
Vincent F. Bettina (arrived at 6:26PM)
Ismay Czarniecki
Joseph P. Paoloni
The following Resolution was introduced by Councilman Bettina and seconded by
Councilwoman Czarniecki.
WHEREAS, the Workers' Compensation Board (WCB) has assumed the responsibility
for the administration and distribution of assets of Public Entity Trust of New York (PETNY), a
municipal group self insurance trust in which the Town of Wappinger was formerly a constituent
member; and
WHEREAS, PETNY is alleged to be insolvent; and
WHEREAS, the WCB has levied assessments against all of the former constituent
members of PETNY; and
WHEREAS, the Town of Wappinger, along with several other constituent members, has
disputed the assessments, alleging that the methodology adopted by the WCB is contrary to the
New York State Constitution, New York State Statutes and New York State Regulations
applicable to Workers' Compensation; and
WHEREAS, the WCB and several former members of PETNY have jointly agreed on a
Memorandum of Understanding (MOU) which would toll the applicable statute of limitations,
that is extend the time within which the Town of Wappinger and the other former members of
PETNY may bring a legal challenge to the assessments made by the WCB; and
WHEREAS, as consideration for the tolling of the statute of limitations, the WCB will
require the former members to pay fifty percent (50%) of the 2010 Final Assessment Charges
levied against the Town of Wappinger as the rate corresponding to the longest repayment plan
available, to wit, $3,397.41 per month, during the term of the agreement.
NOW, THEREFORE, BE IT RESOLVED:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board Members have read the MOU and understand the provisions
thereof.
3. The Town Board hereby authorizes the Town Supervisor, Christopher J. Colsey,
or Attorney to the Town, Albert P. Roberts, to execute the MOU by and on behalf
of the Town in substantially the form attached hereto.
4. The Town Board further authorizes the Town Attorney, Albert P. Roberts, to
negotiate any amendments to the MOU deemed necessary to preserve the Town's
rights to bring an appropriate action to challenge the methodology adopted by the
WCB.
The foregoing was put to a vote which resulted as follows:
CHRISTOPHER COLSEY, SUPERVISOR Voting: AYE
WILLIAM H. BEALE, COUNCILMAN Voting: AYE
VINCENT F. BETTINA, COUNCILMAN Voting: AYE
ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE
JOSEPH P. PAOLONI, COUNCILMAN Voting: AYE
Dated: Wappingers Falls, New York
8/16/2010
The Resolution is hereby duly declared adopted.
PHN C. MASTERSON, TOWN CLERK
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding ("MOU") is between the Workers Compensation Board
and those certain former members of the Public Entity Trust of New York (PETNY) who have
executed this MOU.
WHEREAS, on or about August 2, 2007, the Board assumed the administration and final
distribution of the assets and liabilities of PETNY; and
WHEREAS, upon the Board's assumption of the administration and final distribution of
PETNY's assets and liabilities, the Board commissioned a forensic accounting of PETNY with
the stated purpose of verifying PETNY's accumulated deficit, as determined by Lumsden and
McCormick, LLP, and allocating the accumulated deficit among the former employer members
of PETNY (PETNY Forensic Accounting); and
WHEREAS, after the Board's assumption of PETNY's assets and liabilities, the Board
determined pursuant to 12 NYCRR §317.20 that PETNY was insolvent and, pursuant to
Workers' Compensation Law (WCL) §50(5)(fl, the Board has been meeting the obligations of
PETNY out of its administrative fund and simultaneously obtaining a cash flow by assessing the
self insurance community pursuant to WCL 50(5)(g); and
WHEREAS, the PETNY Forensic Accounting has been completed and the Board has provided
to all former members of PETNY a copy of the Deficit Reconstruction and 2010 Assessment,
dated April 6, 2010, by mailing it to the PETNY members, and has made available on its website
a copy of the April 6, 2010 Forensic Analysis of the PETNY Trust; and
WHEREAS, the Board has also served all former members of PETNY with invoices detailing
their alleged pro rata share and joint and'several liability for PETNY's alleged accumulated
deficit (2010 Final Assessment), as determined by the PETNY Forensic Accounting and adopted
by the WCB; and
WHEREAS, annexed hereto as "Attachment A" is a list of former member(s) of PETNY
(Former PETNY Members) who dispute their liability and/or the amounts assessed in connection
with their membership in PETNY as set forth in the PETNY Forensic Accounting and the 2010
Final Assessment and assert that the methodology adopted by WCB to assess deficiencies
violates the New York State Constitution, the Workers' Compensation Law, the Local Finance
Law, and 12 NYCRR Part 317
WHEREAS, the Former PETNY Members seek a thorough review of the PETNY Forensic
Accounting and the 2010 Final Assessment by expert actuaries, claims reviewers or other
appropriate professionals to determine the accuracy of the amounts assessed and wish to explore
alternative allocation methods relative to the deficit of PETNY; and
WHEREAS, the Former PETNY Members seek the production of necessary documentation to
permit the review of the PETNY Forensic Accounting and the 2010 Final Assessment
contemplated by the whereas clause above and wish to avoid the time, effort and expense of
litigation, including, but not limited to, Article 78 proceedings, actions for declaratory judgment
or other discovery proceedings and/or FOIL requests to obtain same; and
WHEREAS, the Board believes that the allocation methodology as contained within the PETNY
Forensic Accounting and 2010 Final Assessment is enforceable as against the Former PETNY
Members but is in need of a steady flow of funds from the former employer members of PETNY,
including the Former PETNY Members, to meet the obligations of PETNY; and
WHEREAS, the Board and the Former PETNY Members wish to toll any applicable Statute of
Limitations, in order to provide the Board and the Former PETNY Members with the
opportunity, inter alia, to perform additional analysis and acquire additional information as
hereinafter set forth in an effort to resolve their differences without resort to litigation; and
WHEREAS, the Board and the Former PETNY Members wish to avoid the time, effort and
expense of litigation regarding payment of the 2010 Final Assessment by the Former PETNY
Members; and
WHEREAS, both the Board, and the Former PETNY Members wish to preserve all of their
legal and equitable rights with respect to the Board's assessment and the execution of this
Agreement is done without prejudice to the rights of any party hereto
NOW THEREFORE, in consideration of this Agreement and for other good and valuable
consideration, receipt of which is hereby acknowledged, the Former PETNY Members, as
reflected in Attachment A, and the Board hereby agree as follows:
1. Tolling of Limitations Periods. The time period during which this Agreement is in
effect, plus 45 days, commencing, for each Former PETNY Member on the date it executes this
MOU, shall not be included, asserted, or relied upon in any way in computing the running of the
time under any applicable statute of limitations, or by way of laches, in defense of any
administrative and/or civil action brought by the Board or its agents against the Former PETNY
Members or brought by Former PETNY Members against the Board, including, but not limited
to, actions arising under Article 78 of the CPLR. Nothing in this Agreement shall have the
effect of reviving any claims which were barred by the passage of time or the statute of
limitations as of the execution date hereof. For purposes of seeking collection of any
assessments, or challenging the methodology employed by the WCB or the amounts assessed to
a particular member, the parties agree the decision of the WCB at issue was finalized for
purposes of a potential Article 78 challenge on May 11, 2011.
2. Standstill Commitment by the WCB. During the time that this Agreement is in effect
the Board and its agents will not commence an administrative and/or civil action against any
individual Former PETNY Member who executes this Agreement to collect the 2010 Final
Assessment or any subsequent assessment so long as that Former PETNY Member is in
compliance with the obligations of Paragraph 9 herein. The failure of one or more Former
PETNY Members to comply with the obligations of Paragraph 9 shall not trigger an
administrative and/or civil action by the Board or its agents against Former PETNY Members
who are in compliance with Paragraph 9.
3. Standstill Commitment by Former PETNY Members. During the time that this
Agreement is in effect, the Former PETNY Members will not commence any civil action and/or
proceeding pursuant to CPLR Article 78 against the Board to challenge the PETNY Forensic
Accounting, the amount of the 2010 Final Assessment or for any other reason and will not file
FOIL or other information requests with the Board relative to the PETNY Forensic Accounting
and/or the amount of the 2010 Final Assessment.
4. Other than the commitments made herein, both the Board and the Former PETNY
Members reserve all other rights, defenses and claims that may be asserted in administrative
actions, civil actions and/or proceedings pursuant to CPLR Article 78, or any other applicable
statute or regulations including actions for declaratory judgment, except as modified by
Paragraphs 2 and 3 above.
5. Term of Agreement. This agreement shall expire on April 1, 2011 unless either party
terminates the agreement pursuant to Paragraph 7 below or renews the agreement pursuant to
Paragraph 6 below.
6. Extension of Agreement Term. The Former PETNY Members and the Board may
agree in writing to extend the tern of this Agreement.
7. Termination of Agreement. Either the Former PETNY Members, acting jointly
through counsel, or the Board may terminate this Agreement by giving ninety (90) days prior
written notice of such termination to the other party hereto.
8. Notices. Any notice given pursuant to this Agreement shall be made by any delivery
with proof of service, addressed to the other party as hereinafter set forth, or to such other
address as a party may designate, and shall be deemed given upon mailing or hand delivery.
a. Any such notice given to the Board shall be addressed to:
Kenneth J. Munnelly
General Counsel
Workers' Compensation Board
20 Park Street
Albany, New York 12207
b. Any such notice given to the Former PETNY Members shall be addressed to:
Hon. John C. Masterson, Town Clerk
Town of Wappinger
20 Middlebush Road
Wappingers Falls, NY 12590
Either party may amend this notice provision by providing notice of change of address pursuant
to the terms of this paragraph.
9. Monthly Payment of Portion of Assessment. Each and every one of the Former
PETNY Members, shall, within thirty (30) days of the execution of this Agreement, and monthly
each and every month thereafter, so long as this Agreement is in effect, remit payments to the
Board in an amount equal to fifty percent (50%) of the 2010 Final Assessment charges against
that Member, at the rate corresponding to the longest repayment plan available to such Former
PETNY Members. All funds received pursuant to this paragraph shall be applied to reduce the
principal of the amount claimed owed by the Board by each Former PETNY Member, as set
forth in the PETNY 2010 Final Assessment for each Former PETNY Member. The amount due
monthly from each Former PETNY Member is shown on the attached Attachment A
10. Interest and Penalties. All Former PETNY Members who begin and continue to
make the monthly payments set forth in Paragraph 9 above, do not seek any recoupment of such
payments except pursuant written agreement or to a final court order determining the legality of
the PETNY 2010 Final Assessment, and comply with all other terms of this Agreement, shall not
be assessed by the Board or its agents in any administrative and/or civil action(s): (i) any interest,
collection fees and/or penalties associated with the State Finance Law or any other law or rule
relative to the payments made pursuant to this Agreement; (ii) any interest for the period of this
agreement.
11. Discovery. The Board shall provide the attorneys, expert or experts selected by the
Former PETNY Members with access to all documentation reasonably required by a set of duly
accredited and licensed accountant, attorneys, actuaries and claims reviewers (herein collectively
the "Experts") to review the PETNY Forensic Accounting and 2010 Final Assessment, as well as
any subsequent assessment, for accuracy as against all former employer members of PETNY as a
whole and the Former PETNY Members in particular, subject to the restrictions on disclosure
and confidentiality protections set forth below, and to support any Former PETNY Members
arguments regarding the proper allocation methodology and the amount of allocations. The
actuarial Experts selected shall be a fellow or associate of the casualty actuarial society, the
claims Experts selected shall have had at least seven years experience performing independent
claim reviews and/or claims audits in the capacity of an independent claims management
consultant. The review performed by the Experts shall consist of the production of the following
documents and/or the providing of access to said documents at the following times and in the
following manner:
A) Claims Review: Not later than November 15, 2010, the Experts shall provide the
Board with a proposed process to be used in connection with the granting of access to
PETNY's claims reserve data contained at the office of the Board's third party
administrator in Buffalo, New York. Said process must include the execution of a
confidentiality agreement, to be drafted by the Board and mutually agreed upon by both
parties, and a detailed recitation of the manner in which the Experts plans to prevent
disclosure of any and all individually identifiable claimant information contained within
the reserve data from public disclosure, including a limitation on written or verbal
disclosure to counsel for the Former PETNY Members and disclosure in any subsequent
report created. The Board shall evaluate the reasonableness of such process and, not later
than January 15, 2011, either approve, propose amendments to, or disapprove, with good
faith reasons therefore, such proposed process. In the event of a good faith disapproval,
then the parties shall have an additional thirty days in which to arrive at a mutually
agreeable process. Within thirty days after the approval of a mutually agreed upon
process, the Experts shall be granted access to the reserve data pursuant to the agreed
upon process and at an agreed-upon time that will minimize disruption to the Board's
consultants and cause no interruption in the provision of benefits to injured workers.
Within thirty days of the completion of a final report, such report shall be provided to the
Board.
B) Updated Loss Run: At least twice, but not more than four times, within ten
business days of the receipt of a written request from the Former PETNY Members to the
Board, the Board shall provide a summary loss run and detailed loss run for use by the
Experts. In the event that this Agreement is extended pursuant to paragraph six (6)
herein, then the Board shall subsequently provide bi-annual loss runs to the extent the
same are reasonably necessary. Said loss runs shall be redacted to remove all
individually identifiable claimant information contained within the loss runs and shall be
produced in Excel format unless the loss runs do not exist in Excel format, in which case
the Board will provide the loss runs in another mutually agreeable format that will
minimize the time and expense of manually inputting data. .
C) Accounting Review: Not sooner than November 15, 2010 the Experts shall
provide the Board with a proposed process to be used in connection with the granting of
access to documents sufficient to review the PETNY Forensic Accounting and 2010 Final
Assessment and, to the extent not included within the foregoing, the workpapers prepared
by Lumsden and McCormick, LLP, in connection with the PETNY Forensic Accounting;
all copies of assessments levied by WCB relative to PETNY, whether or not paid, and
any documents demonstrating how said assessments were calculated. Said process must
include the execution of a confidentiality agreement, to be drafted by the Board and
mutually agreed upon by both parties, and a detailed recitation of the manner in which the
Experts plans to protect from verbal or written disclosure to the Former PETNY
Members and the Public any and all individually identifiable claimant information
contained within the material referenced within this paragraph. To the extent that counsel
for the Former PETNY Members will seek access to the Employer Material then counsel
to the Former PETNY Members shall execute the same or similar confidentiality
agreement executed by the Experts. The Board shall evaluate the reasonableness of such
process and, within thirty days of its receipt, either approve, or disapprove, with good
faith reasons therefor, such proposed process. In the event of a good faith disapproval,
then the parties shall have an additional thirty days in which to arrive at a mutually
agreeable process. Within thirty days after the approval of a mutually agreed upon
process, the Experts shall be granted access to the Employer Material pursuant to the
agreed upon process and at an agreed-upon time that will minimize disruption to the
Board's consultants and cause no interruption in the provision of benefits to injured
workers. Within thirty days of the completion of a final report, such report shall be
provided to the Board.
D) Allocation Review: Not sooner than November 15, 2010 the Experts shall
provide the Board with a proposed process to be used in connection with the granting of
access to documents sufficient to review the appropriateness of the allocation
methodology contained within the PETNY Forensic Accounting and 2010 Final
Assessment. Said process must include the execution of a confidentiality agreement, to be
drafted by the Board and mutually agreed upon by both parties, and a detailed recitation
of the manner in which the Experts plans to protect from verbal or written disclosure to
the Former PETNY Members and the Public any and all individually identifiable
claimant information contained within the material referenced within this paragraph. To
the extent that counsel for the Former PETNY Members will seek access to the Employer
Material then counsel to the Former PETNY Members shall execute the same or similar
confidentiality agreement executed by the Experts. The Board shall evaluate the
reasonableness of such process and, within thirty (30) days of its receipt, either approve,
or disapprove, with good faith reasons therefor, such proposed process. In the event of a
good faith disapproval, then the parties shall have an additional thirty days in which to
arrive at a mutually agreeable process. Within thirty days after the approval of a mutually
agreed upon process, the Experts shall be granted access to the Employer Material
pursuant to the agreed upon process and at an agreed-upon time that will minimize
disruption to the Board's consultants and cause no interruption in the provision of
benefits to injured workers. Within thirty days of the completion of a final report, such
report shall be provided to the Board.
12. CRM Litigation Proceeds. All damages that are recouped from the Board's action
against Compensation Risk Managers, LLC, Index # 10288-09 (Albany Cty. Filed Dec. 9, 2009)
and that are ultimately allocated to reduce the cumulative deficit of PETNY, will be used first to
repay prior statutory assessments relative to PETNY levied upon other self-insured employers;
second to repay current statutory assessments relative to PETNY levied upon other self-insured
employers; and third to third to reduce the remaining estimated deficit of PETNY.
13. Attorney General Litigation Proceeds. All damages that are recouped and provided
to the Board as a result of any action brought, or disposition obtained, by the Attorney General
with respect to PETNY, and that are ultimately allocated to reduce the cumulative deficit of
PETNY, will be used first to repay prior statutory assessments relative to PETNY levied upon
other self-insured employers; second to repay current statutory assessments relative to PETNY
levied upon other self-insured employers; and third to reduce the remaining estimated deficit of
PETNY.
14. Analysis of Potential Alternate Allocation Methodology. The Board, in consultation
with the Former Members of PETNY, shall investigate the feasibility of an alternate allocation
methodology based upon actual losses of PETNY. By so doing, the Board does not, in any way
shape or form, either implicitly or explicitly, acknowledge or agree that the allocation
methodology contained within the PETNY Forensic Accounting and 2010 Final Assessment is
unenforceable as against the Former members of PETNY, by reason of the operation of the New
York Constitution Article VIII, or any other reason. Moreover, in the event that the Board
determines that such an alternate allocation is feasible and actually creates such an allocation, the
Board's creation of such an alternate methodology does not require the Board to actually
implement such allocation methodology and/or abandon its current methodology, nor does the
Board's determination limit or waive any party's right to pursue through administrative or judicial
forums a particular allocation.
15. No Third Party Beneficiary. This Agreement is not intended to create and does not
create any rights in or benefits to any third party.
16. Effective Date, Counterparts. This Agreement shall become effective upon its
execution by the parties hereto, through their respective counsels. This Agreement may be
executed in counterparts, each of which shall be an original, but all of which, taken together,
shall constitute one Agreement binding on all parties.
17. Use of Agreement. This Agreement may not be introduced into evidence, construed
as an admission or otherwise mentioned in any action or other proceeding between the Board
and/or its agents and the Former PETNY Members except to enforce compliance with this
Agreement, demonstrate compliance with the terms of this Agreement or to establish the Former
PETNY Members' agreed upon payment schedule during this Agreement's term.
18. Governing Law. This Agreement shall be governed by the laws of the State of New
York, without giving effect to rules of conflict of laws.
19. Authority to Sign Agreement. The signatory on behalf of the Former PETNY
Members warrants and represents that it is duly authorized to enter into this Agreement on behalf
of the Former PETNY Members set forth on Attachment A.
20. Bi -Lateral Negotiations. The parties acknowledge that this Agreement is the result of
negotiations between the parties hereto. It is understood and agreed that both parties shall be
deemed to have drafted this document in order to avoid any negative inference by any court as
against the party preparing this Agreement.
21. Captions. All captions set forth herein are for ease of reference only and shall not
affect the meaning of the paragraph.
22. Amendment. This Agreement may not be amended, modified, or changed except in
writing with notice as set forth above.
23. Compliance. For purposes of this agreement, "compliance" shall mean full
compliance, provided that neither the Board nor a Former PETNY Member shall be found not to
be in compliance until that party has been given the opportunity to cure the defect during a
period of ten days from receipt of written notice to its counsel, in the manner set forth in
paragraph eight (8). In the event that an individual Former PETNY Member defaults on its
payment obligation under Paragraph 9 of this Agreement and fails to cure such default in
accordance with this Paragraph then the entire amount due and payable by such Former PETNY
Member pursuant to this agreement shall become due and payable immediately and that the
Board shall have the option of taking whatever actions it deems appropriate to collect such funds
with such actions being in addition to, and separate and apart from, any other remedy at law or in
equity that the Board has or may, have with respect to the entire amount owed by such Former
PETNY Member in connection with its membership in PETNY.
IN WITNESS WHEREOF, the parties have caused this agreement to be signed and
intend to be legally bound hereby, as of August 1, 2010.
Dated: August [� , 2010
On Behalf of Former PETNY Member
By: Al b�+ P, Rob e/I, est-
Albe,vk- R 12obes�-t5
fi ei ser Nt1-c em" to Tuv�rl
Town of Wappmger
20 Middlebush Road
Wappingers Falls, NY 12590
Telephone:
Dated: August 03, 2010
Attorney for the Board
M
Lr"Jx
Ke neth J. Munney Esq.
General Counsel
Workers' Compensation Board
20 Park Street
Albany, New York 12207
(518) 486-9564
8/9/2010 ATTACHMENT A
Member Name
Maximum
Monthly
50% of Monthly
Payment Plan
Payment
Payment
1
Town of Wappinger
48
6,794.81
3,397.41
/VA
MORRIS ASSOCIATES
ENGINEERING CONSULTANTS, PLLC
Elks Lane, Poughkeepsie, New York 12601 Tel: (845) 454-3411 Fax: (845) 473-1962
❑ 64 Green Street, Suite 1, Hudson, New York 12534 Tel: (518) 828-2300 Fax: (518) 828-3963
August 23, 2010
Town of Wappinger
20 Middlebush Road
Wappingers Falls, NY 12590
Attn: Christopher Colsey
Town of Wappinger Supervisor
RE: Carnwath Farms Electrical! and
Communication Service Replacement
Rebid Results and Recommendation
MA# W20807.0
Dear Supervisor Colsey and Town Board:
On August 23, 2010, the Town of Wappinger received four (4) bid proposals for
the Carnwath Farms Electrical and Communication Service Replacement project; the
breakdown of these bids is as follows:
Contractor: Bid Price: Alt mate #1:
Stoneykill Contracting, Inc $83,200.00 $83,200.00
Peak Construction $90,400.00 $6,000.00
P & D Electric $94,700.00 $76,000.00
R. Costa Electric, Inc. $102,950.00 $89,900.00
This office has completed our review of the bid proposals for the above
referenced project. The lowest responsible bidder meeting the bid specifications was
Stoneykill Contracting, Inc. with a base bid price of $83,200.00. Included was a bid
price for Alternate #1, in which it was requested that the contractors include a price to
complete all the work except for all costs associated with the trenching; Stoneykill
Contracting, Inc. supplied a bid price for Alternate #1 of $83,200.00. In their bid,
Stoneykill explained why the Alternate #1 bid is the same as the base bid. Their
explanation is that it was not to their advantage to have outside help providing the
trenching, as the size of their excavating equipment would allow them to complete the
project in a timely manner (a copy of their fetter of explanation is attached). The bid
also included a per cubic yard price of $145.00 for the rock removal.
......................... .
Supervisor Colsey and Town Board August 23, 2010
Town of Wappinger Page 2
The bid price submitted from Peak Construction for Alternate #1would appear to
be the amount that they feel the cost of the trenching is valued at and therefore their bid
price for Alternate #1 would be $84,600.00. This bid amount has no significance in the
awarding of the bid to Stoneykill Contracting, Inc.
Moms Associates is very familiar with Stoneykill Contracting, Inc and knows
them to be a well respected contractor and is qualified to perform the proposed work
required for this project. All portions of the bid prepared by Stoneykill Contracting, Inc.
appear to have been correctly executed. Based on the above, this office recommends
award of the noted contract bid to Stoneykill Contracting, Inc.
If you should have any questions regarding the above, please contact me at 454--
3411 ext. 30 (office) or (14) 475-5749 (cell)
Very truly yours,
MORRIS ASSOCIATES
?obert J. Gray, PE
Engineer to the Town
Enc.
Cc: Albert P. Roberts, Esq., (via email and fax)
Tim Hunt, Stoneykill Contracting, Inc. (via e-mail)
John Masterson, Town Clerk, (via email)
EAdocuments\T Wappinger\a W2008XW20807 Carnwath\Award Recomendation Electrical Rebid 8-23-10.docx
STONEYKILL CONTRACTING, INC.
113 Stoneykill Road, Wappingers Falls, NY 12590
(845) 838-1328
Town of Wappinger
20 Middlebush Road
Wappinger Falls, NY 12590
August 23, 2010
Contruction Rebid For The Carnwath Farms:
I would like to explain why the "Alternate Bid" is the same price
as the "Base Bid". I feel it would not be to my advantage to have
any outside help working on the trenching. I will be using a large
excavator (Komatsu PC 160), which will allow me to finish the job
in a timely fashion.
Thank you for the opportunity to bid this job.
Respectfully submitted,
Tim Hunt