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2.04 2.4 BIDS\AWARD Bid—Sewer District Improvement Force Main Bypass Meadowbrook Sewer Pump Station—9-8-14 RESOLUTION AUTHORIZING AWARD OF BID TO GALLO CONSTRUCTION FOR SEWER DISTRICT IMPROVEMENT/FORCE MAIN BYPASS PROJECT- MEADOWBROOK SEWER PUMP STATION RESOLUTION NO.: , 2014 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, the Queensbury Town Board duly established the Town of Queensbury Consolidated Sewer District and the Route 9 Sanitary Sewer District (together, the 'Districts") in accordance with New York Town Law, and WHEREAS, the Meadowbrook Pump Station pumps sewage from both Districts to the City of Glens Falls collection system through an existing force main from the pump station along Bay Road and Quaker Road to a point on Bay Road and Sanford Street, and WHEREAS, by Resolution No.: 375, 2013 the Queensbury Town Board authorized certain improvements to the Districts, specifically to set up a bypass system to enable the Town to replace pipe as sections of the force main show deterioration in order to prevent a full system emergency and make certain other system improvements, all in accordance with Town Law §202-b, (hereinafter referred to as the"Project') and determined such Project to be in the public interest, and WHEREAS, for the purpose of paying the cost of the Project, including related preliminary and incidental costs, by Resolution No.: 376, 2013 the Town Board authorized the issuance of serial bonds and bond anticipation notes of the Town up to a maximum amount of $1,011,000, and WHEREAS, by Resolution No.: 222,2013 the Town Board authorized engagement of Delaware Engineering, P.C. for provision of professional engineering services for the design and construction supervision of the Project improvements and authorized the establishment of the "Queensbury Consolidated Sanitary Sewer District Improvements Capital Project Fund #198," which established funding for the engineering services and established initial appropriations and estimated revenues for Capital Project Fund #198 in the amount of$75,250, and WHEREAS, Delaware Engineering, P.C., prepared bid documents and specifications to advertise for bids for the Project improvements, and WHEREAS, by Resolution No.: 435,2013, the Town Board authorized an advertisement for bids, and WHEREAS, on August 22"d, 2014, all received bids were opened, and WHEREAS, Delaware Engineering, P.C., the Town Wastewater Director and Purchasing Agent have recommended that the Town Board award the bid to the lowest responsible bidder, Gallo Construction of Watervliet, NY for an amount not to exceed $959,392, and WHEREAS, the Wastewater Director has advised the Town Board that there are times when Change Orders may become necessary for such Contract and has requested that the Town Board also authorize him to approve and sign certain Change Orders up to a total amount of $12,000 for Change Orders that he deems necessary or appropriate, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts and awards the bid for such Project from the lowest responsible bidder, Gallo Construction of Watervliet, NY, for an amount not to exceed $959,392, and BE IT FURTHER, 2 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any needed Agreement between the Town and Gallo Construction of Watervliet, NY in form acceptable to the Town Supervisor, Wastewater Director, Town Budget Officer, Purchasing Agent and/or Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the Town Water Superintendent to approve and sign Change Orders pertaining to the Contract up to a total amount not exceeding $12,000 that he deems necessary or appropriate, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that funding for this Project shall be by $1,011,000 from serial bonds in accordance with Resolution No.: 376,2013, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board further authorizes and directs the Town Budget Officer to take all action necessary to Increase Appropriation 198-8320-2899 Capital Construction by $971,392, and BE IT FURTHER RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the 2014 Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues and effectuate all terms of this Resolution, and 3 BE IT FURTHER, RESOLVED, that the Town Board further authorizes a temporary loan from Wastewater Fund#36 to avoid unnecessary delays until such time as bond anticipation notes are issued, and BE IT FURTHER, RESOLVED, that upon completion of work and/or any necessary Change Order(s), the Town Board further authorizes payment for these services, and BE IT FURTHER, RESOLVED, that upon completion of this project the Town Board authorizes and directs the Town Budget Officer to close Capital Project Fund #198 and to return any and all unexpended balances from this project towards debt service, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Wastewater Director, Budget Officer, Purchasing Agent and/or Town Counsel to take such other and further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 8th day of September, 2014, by the following vote: AYES NOES ABSENT: 4 RESOLUTION DETERMINING PROPOSED IMPROVEMENT OF QUAKER ROAD/BAY ROAD FORCE MAIN TO BE IN THE PUBLIC INTEREST RESOLUTION NO.: 375,2013 INTRODUCED BY: Mr.Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.John Strough WHEREAS, the Queensbury Town Board duly established the Town of Queensbury Consolidated Sewer District and the Route 9 Sanitary Sewer District (together,the "Districts") in accordance with New York Town Law, and WHEREAS, the Meadowbrook Pump Station pumps sewerage from both Districts to the City of Glens Falls collection system through an existing force main from the pump station along Bay Road and Quaker Road to a point on Bay Road and Sanford Street, and WHEREAS, the Town Board wishes to set up a bypass system to enable the Town to replace pipe as sections of the force main show deterioration in order to prevent a full system emergency and make certain other system improvements, all in accordance with Town Law§202-b, and WHEREAS, Delaware Engineering, P.C., professional engineers, has prepared an Engineering Report concerning the proposed bypass system and sewer system improvements, together with an estimate of the cost of such improvements, and WHEREAS, the Engineering Report was duly filed in the Queensbury Town Clerk's Office and made available for public inspection,and WHEREAS, the Town Board determined that the Project is a Type H Action under the State Environmental Quality Review Act (SEQRA ) and no further SEQRA review is required, and WHEREAS, at a meeting held on September 9h, 2013, the Town Board adopted a Resolution: (a) describing the proposed improvements as installation of(a) a force main bypass system consisting of multiple bypass connections installed approximately every 800 feet, valves and temporary piping and new piping under Bay Road and Quaker Road; (b) piping to bypass Meadowbrook Pump Station and Hiland Park Pump Station using a portable trash diesel pump, and installation at the Meadowbrook Pump Station of a pinch valve to control flow to the City of Glens Falls and an odor control system and(c)twenty-one(21) replacement grinder pumps serving homes that cannot be served with gravity sewers, all as described in the Engineering Report; (b) specifying the estimated cost of such improvements as $1,011,000 and indicating that the cost of the improvements will be paid from obligations to be issued by the Town of Queensbury on behalf of the Districts and, therefore, the annual cost of the Project to the typical residence for debt service will depend on the terms of such obligations which, assuming that the typical property is a residence which is equivalent to three (3) service units under the Districts' Benefit Tax System and that the rate of interest on the Town's obligations will be three percent (3%) per annum, would increase approximately $20 for 10 year debt service, $14 for 15 year debt service or $10 for 25 year debt service, depending on the maturity chosen by the Town;and (c) stating that the Town Board would meet on September 23`d, 2013 to hear all persons interested in this improvement of the Districts' facilities and to take such other and further action as may be required or authorized by law;and WHEREAS, a Notice of Public Hearing was posted and published not less than ten (10) days nor more than twenty (20) days before the public hearing date, as required by Town Law §202-b,and 2 WHEREAS, a public hearing was duly held at the time and place set forth in said Notice,at which all persons desiring to be heard were duly heard, NOW,THEREFORE,IT IS HEREBY RESOLVED: 1. Upon the evidence given at the Public Hearing, it is hereby found and determined that it is in the public interest to make the improvements to the facilities of the Districts as described in the Engineering Report at a maximum estimated cost of$1,011,000. 2. Delaware Engineering is hereby authorized and directed to prepare definite plans and specifications for the improvements, and to make a careful estimate of the expense and, with the assistance of Town Counsel,to prepare a proposed contract for the execution of the work. 3. Such project is hereby authorized and the Town Supervisor is hereby authorized to take all actions necessary to effectuate this Resolution. 4. This Resolution shall take effect immediately. Duly adopted this 23`d day of September,2013 by the following vote: AYES Mr. Clements,Mr. Strough,Mr.Brewer,Mr.Montesi NOES : None ABSENT: Mr. Metivier 3 RESOLUTION AUTHORIZING THE ISSUANCE OF UP TO $190119000 IN SERIAL BONDS OF THE TOWN OF QUEENSBURY TO PAY THE COST OF ACQUISITION, CONSTRUCTION, AND INSTALLATION OF SEWER DISTRICT FORCE MAIN IMPROVEMENTS; AND AUTHORIZING THE ISSUANCE OF UP TO $190119000 IN BOND ANTICIPATION NOTES OF THE TOWN OF QUEENSBURY FOR THE SAME PURPOSE RESOLUTION NO.: 3769 2013 INTRODUCED BY: Mr.Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr.Tim Brewer WHEREAS, in accordance with New York Town Law, the Town of Queensbury (the "Town") Town Board duly established the Queensbury Consolidated Sewer District and the Route 9 Sanitary Sewer District(together,the "Districts"); and WHEREAS,the Meadowbrook Pump Station pumps sewerage from both Districts to the City of Glens Falls collection system through an existing force main from the pump station along Bay Road and Quaker Road to a point on Bay Road and Sanford Street; and WHEREAS, the Town Board wishes to set up a bypass system to enable the Town to replace pipe as sections of the force main show deterioration in order to prevent a full system emergency and make certain other system improvements, all in accordance with Town Law Section 202-b; and WHEREAS, the Town Board has determined that it is in the public interest to make the proposed improvements to the facilities of the Districts; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY,WARREN COUNTY,NEW YORK,AS FOLLOWS: Section 1. The specific object or purpose for which the obligations authorized by this Resolution are to be issued is the acquisition, construction, and installation of(a) a force main bypass system consisting of multiple bypass connections installed approximately every 800 feet, valves and temporary piping and new piping under Bay Road and Quaker Road; (b) piping to bypass Meadowbrook Pump Station and Hiland Park Pump Station using a portable trash diesel pump, and installation at the Meadowbrook Pump Station of a pinch valve to control the flow to the City of Glens Falls and an odor control system and (c) twenty-one (21) replacement grinder pumps serving homes that cannot be served with gravity sewers, and further including related preliminary and incidental costs (the "Project"), all as detailed in the Engineering Report prepared pursuant to New York Town Law §202-b. Such specific object or purpose is hereby authorized at a maximum estimated cost of One Million Eleven Thousand Dollars($1,011,000). Section 2. The plan for the financing of such maximum estimated cost is the issuance of up to of One Million Eleven Thousand Dollars ($1,011,000) in serial bonds or bond anticipation notes of the Town on behalf of the Districts, hereby authorized to be issued pursuant to the Local Finance Law. The proceeds of the bonds or bond anticipation notes may be used to reimburse expenditures paid by the Town from other funds or otherwise on or after the date of adoption of this Bond Resolution. The Town may submit applications for grants and/or low interest loans from the New York State Environmental Facilities Corporation (EFC) and/or other funding source(s) and, to the extent that any such moneys are received, may apply such funds to the payment of principal and interest on the bonds or bond anticipation notes. Pursuant to Local Finance Law Sections 107.00[d][3](1) and 107.00[d][9], no down payment from current funds is required. Section 3. Consistent with the Resolution authorizing the Project, the Town Board hereby determines that it is in the public interest to acquire and construct the Project. Section 4. It is hereby determined that the period of probable usefulness of the specific object or purpose is thirty (30) years, pursuant to Section 11.00(a)[4] of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five(5)years. 2 i Section 5. The faith and credit of the Town of Queensbury, Warren County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as they become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such years. There shall annually be levied on all the taxable real property of the Districts a fee sufficient to pay the principal of and interest on such obligations as they become due and payable. Section 6. For the purpose of paying the cost of the Project,including related preliminary and incidental costs, there are hereby authorized to be issued serial bonds of the Town up to a maximum amount of $1,011,000, the maximum maturity of which shall not exceed the thirty (30) year period of probable usefulness set forth above, and which shall mature on or before the date of the expiration of the period of probable usefulness as measured from the date of the bonds or from the date of the first bond anticipation note issued in anticipation of the sale of such bonds, whichever date is earlier. The bonds may be issued in the form of a statutory installment bond. Section 7. There are hereby authorized to be issued bond anticipation notes for the specific object or purpose in an amount up to but not exceeding the $1,011,000 maximum amount of serial bonds authorized to be issued, in anticipation of the issuance and sale of the serial bonds authorized, including renewals of such bond anticipation notes. Section 8. Any bond anticipation notes shall be payable from the proceeds derived from the sale of the bonds or otherwise redeemed in the manner provided by Section 23.00 of the Local Finance Law. The faith and credit of the Town are hereby irrevocably pledged for the payment of the bond anticipation notes and the interest on them. Section 9. There are no bond anticipation notes outstanding which have been previously issued in anticipation of the sale of these bonds. Neither are the bond anticipation notes hereby authorized renewal notes. These bond anticipation notes will be issued in anticipation of bonds for an assessable improvement. These notes shall mature at such time as the Town may determine and may be renewed from time to time, provided that in no event shall such notes or 3 i renewals extend more than one (1) year beyond the original date of issue except as permitted in the Local Finance Law. Section 10. Subject to the terms and conditions of this Resolution and of the Local Finance Law, and pursuant to the provisions of Sections 30.00, 50.00 and 56.00 to 60.00, inclusive, of the Local Finance Law, the power to authorize bond anticipation notes in anticipation of the issuance of the serial bonds authorized by this Resolution and the renewal of these notes, and the power to prescribe the terms, form and contents of the serial bonds and bond anticipation notes and the power to sell and deliver the serial bonds and bond anticipation notes issued in anticipation of the issuance of the bonds is hereby delegated to the Town Supervisor, the Chief Fiscal Officer of the Town. The Town Supervisor is hereby authorized to sign any serial bonds and bond anticipation notes issued in anticipation of the issuance of the serial bonds and bond anticipation notes issued pursuant to this Resolution by manual signature, and the Town Clerk is hereby authorized to affix or impress or imprint a facsimile of the seal of the Town to any of the serial bonds or bond anticipation notes and to attest such seal by manual signature. The Town Supervisor, as Chief Fiscal Officer of the Town, is authorized to execute and deliver any documents and to take such other action as may be necessary and proper to carry out the intent of the provisions of this Resolution. Section 11. The exact date of issuance of the bonds and/or notes and the exact date upon which they shall become due and payable shall be fixed and determined by the Chief Fiscal Officer, provided, however, that the maturity of the notes or renewals shall not exceed one (1) year from the date of issue except as permitted by the Local Finance Law. Section 12. The Chief Fiscal Officer shall prepare the bonds and/or notes and sell them in accordance with the provisions of the Local Finance Law including, but not limited to, the provisions of Section 169.00, if applicable, and at such sale shall determine the interest rate to be borne by such bonds and/or notes. The Town Board authorizes the Chief Fiscal Officer to establish substantially level annual debt service for the repayment of such Bonds if he believes it is in the best interests of the Town. Section 13. If issued, the notes shall be in registered form, and shall bear interest at the determined rate. 4 Section 14. The Chief Fiscal Officer shall deliver the bonds and/or notes to the purchaser only against a certified check or other immediately available funds. The proceeds of the sale of the bonds and/or notes shall be deposited and/or invested as required by Section 165.00 of the Local Finance Law, and the power to invest the proceeds of sale is hereby delegated to the Chief Fiscal Officer and the power to invest in any instruments described in Section 165.00 is expressly granted. Section 15. To the extent that it is permitted to do so under the Internal Revenue Code of 1986, as amended to the date hereof(the "Code"), the Town hereby designates the bonds and/or notes as "qualified tax-exempt obligations" under Section 265(b)(3) of the Code. The Town hereby covenants that, to the extent permitted under the Code in effect as of the date of issuance of any bonds and/or notes, it will (i) take all actions on its part necessary to cause interest on the bonds and/or notes to be excluded from gross income for purposes of Federal income taxes and (ii) refrain from taking any action which would cause interest on the bonds and/or notes to be included in gross income for purposes of Federal income taxes. Section 16. The Town of Queensbury is a town partially within the Adirondack Park. However, State lands subject to taxation within the Town's boundaries are assessed at less than thirty percent (30%) of the total taxable assessed valuation of the Town, so permission of the State Comptroller to issue the bonds and/or notes is not required under Local Finance Law Section 104.10(3). Section 17. Miller, Mannix, Schachner & Hafner, LLC, Glens Falls, New York, is hereby designated bond counsel. Section 18. The validity of these serial bonds and bond anticipation notes may be contested only if: (1) These obligations are authorized for an object or purpose for which the Town is not authorized to expend money; or (2) The provisions of law which should be complied with at the date of publication of this Resolution are not substantially complied with,and 5 an action, suit or proceeding contesting such validity is commenced within twenty(20)days after the date of such publication; or (3) Such obligations are authorized in violation of the provisions of the State Constitution. Section 19. The full text of this Resolution or a summary thereof shall be published in the Glens Falls Post Star, which has been designated as the official newspaper of the Town, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 20. The question of the adoption of this Resolution was duly put to a vote on roll call which resulted as follows: ROLL AYES: Mr. Strough, Mr. Brewer, Mr. Montesi,Mr. Clements CALL NAYS: None ABSENT: Mr. Metivier The Resolution was declared duly adopted by a vote of not less than two-thirds (2/3) of the full membership of the Town Board. DATED: September 23, 2013 6 RESOLUTION AUTHORIZING ENGAGEMENT OF DELAWARE ENGINEERING, P.C. FOR SEWER DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES AND ESTABLISHMENT OF CAPITAL PROJECT FUND #198 RESOLUTION NO. 222,2013 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.Ronald Montesi WHEREAS, the Town of Queensbury's Civil Engineer/Acting Wastewater Director (Engineer)requested proposals for the provision of professional engineering services regarding the design and construction supervision of improvements to the Queensbury Consolidated Sanitary Sewer District,and WHEREAS,the Engineer received and reviewed three(3)proposals and has recommended that the Town Board authorize engagement of the Delaware Engineering, P.C. (Delaware) for such engineering services as Delaware's proposal best fits the District's needs, for an amount not to exceed $65,750 as delineated in Delaware's April 10'',2013 proposal presented at this meeting and as follows: Phase Scope of Services Fee 1 (1.1)Design Services& (1.2)Bid Assistance $29,500 2 (2.1)Construction Administration $10,000 2 (2.2)Construction Inspection Services $26,250 TOTAL FEE: $65,750 and WHEREAS,the Director has requested that the Town Board also authorize contingencies I of 1) $7,000 for Phase 1 services as some work may have to take place on private property and although easements were granted, verification and research of such easements represents an unknown cost; and 2) $ 2,500 for Phase 2 services as inspection services are difficult to predict and are entirely dependent on the contractor, and WHEREAS, the Town Board wishes to establish a Capital Project Fund related to these services, and WHEREAS, funding for the Phase 1 services ($36,500) will be from appropriating fund balances in Queensbury Consolidated Sanitary Sewer District Fund #32 and Route 9 Sanitary Sewer District Fund #36 in the amounts of$27,375 (75%) from Fund #32, and $9,125 (25%) from Fund#36,and WHEREAS, funding for the Phase 2 services will be from Revenue Account 196-0000- 5710 Serial Bonds,to be specifically authorized by Town Board Resolution at a later date, NOW, THEREFORE,BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of Delaware Engineering,P.C. for provision of professional engineering services for the design and construction supervision of improvements to the Queensbury Consolidated Sanitary Sewer District for an amount not to exceed $65,750 as delineated in Delaware Engineering, P.C.'s April 10a', 2013 proposal presented at this meeting and as follows: Phase Scoae of Services Fee 1 (1.1)Design Services& (1.2)Bid Assistance $29,500 2 (2.1)Construction Administration $10,000 2 (2.2) Construction Inspection Services $26,250 TOTAL FEE: $65,750 2 and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the contingencies of $7,000 for Phase 1 services and $ 2,500 for Phase 2 services as set forth in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the establishment of the "Queensbury Consolidated Sanitary Sewer District Improvements Capital Project Fund #198," which Fund will establish funding for the services set forth in the preambles of this Resolution and further establishes initial appropriations and estimated revenues for Capital Project Fund #198 in the amount of$75,250, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that funding for this Project shall be as follows: • $36,500 for engineering to be paid for by appropriating fund balances in Queensbury Consolidated Sanitary Sewer District Fund #32 and Route 9 Sanitary Sewer District Fund#36 in amounts of$27,375 (75%) from Fund #32 and$9,125 (25%) from Fund#36; and • Interfund transfers of these amounts to Capital Project#198; • Establishing revenues of $36,500 in Account 198-000-55031 Interfund Transfers; 3 I • Establishing appropriations of $75,250 in Capital Construction Account No.: 198-8120-2899; • Funding for Phase 2 services in amount of$38,750 will be from Revenue Account 196-0000-5710 Serial Bonds, to be authorized by Town Board Resolution at a later date; and BE IT FURTHER, RESOLVED, that the Queensbury Town Board further authorizes and directs the Town Budget Officer to take all action necessary to establish the following accounts for such appropriations and revenues as necessary: • Increase Appropriation 032-9950-9030 Transfer to Capital Project by$27,375; • Increase Appropriation 036-9950-9030 Transfer to Capital Project by$9,125; • Increase Revenue 198-0000-55031 Interfund Revenue by$36,500; • Increase Appropriation 198-8120-2899 Capital Construction by$75,250; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues and effectuate all terms of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Civil Engineer/Acting Wastewater Director and/or Budget Officer to take such other and further actions as may be necessary to effectuate the terms of this Resolution. 4 Duly adopted this Oh day of May, 2013, by the following vote: AYES : Mr. Montesi, Mr. Metivier,Mr. Clements,Mr. Strough NOES : None ABSENT: Mr. Brewer 5 RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS FOR SEWER DISTRICT IlUPROVEMENT/FORCE MAIN BYPASS PROJECT— MEADOWBROOK SEWER PUMP STATION RESOLUTION NO.: 435,2013 INTRODUCED BY: Mr.John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr.Tim Brewer WHEREAS, by Resolution No.: 222,2013, the Queensbury Town Board authorized engagement of Delaware Engineering, P.C., for the provision of professional engineering services regarding the design and construction supervision of improvements to the Queensbury Consolidated Sanitary Sewer District to address potential sewer force main breaks between the Meadowbrook Sewer Pump Station and the connection point with the City of Glens Falls, herein referred to as the Sewer District Improvement/Force Main Bypass Project(Project),and WHEREAS, Delaware Engineering, P.C.,has prepared bid documents and specifications to advertise for bids for the Project,and WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bid to the lowest responsible bidder meeting New York State statutory requirements and the requirements set forth in the Town's bid documents and specifications, NOW,THEREFORE,BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's Purchasing Agent to post and publish an advertisement for bids to be prepared by Delaware Engineering, P.C., for the Sewer District Improvement/Force Main Bypass Project (Project) referred to in this Resolution and receive all bids,and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town's Purchasing Agent to open all received bids, read them aloud and record the bids as is customarily done and present the bids to the next regular or special meeting of the Town Board. Duly adopted this 4t'day of November,2013,by the following vote: AYES : Mr.Metivier,Mr. Clements,Mr. Strough,Mr.Brewer,Mr. Montesi NOES : None ABSENT: None Delaware Engineering, D.P.C. 28 Madison Avenue Extension Tet:51 6i52_1290 . ► Albany,New York 12203 Fax:518.452 1335 September 3,2014 John Strough, Town Supervisor Town of Queensbury 742 Bav Road Queensbury,NY 12804 Subject: Sewer District Improvements Recommendation for Award Dear Supervisor Strough: On August 22, 2014 the Town of Queensbury received bids for the construction of various proposed upgrades to the sewer district serving the Town. Delaware Engineering, D.P.C. has reviewed the bid results for conformance with the project specifications. Attached is a complete copy of the bid results for the project. The apparent low bidder was as follows: Contract#1 -General Construction- Gallo C onstrrrctia,,ref Ivatervliet,IVY- S959392.00 The low bidder was in conformance with the project bid requirements. The bid is slightly higher than the Engineer's cost estimate, but within the total project budget. Based on the bid results received and a review of the bids conformance to the project specifications, Delaware Engineering, D.P.C. recommends that the Town of Queensbury award the noted contract, for the construction of the proposed sewer district improvements to the apparent low bidder. Delaware Engineering also recommends that, prior to award, the Town have its legal counsel review the bonds and bid documents submitted, if you have any questions regarding the bid results, bidding processor any other project issues, please feel free to contact me at (51£)452-1290. We look forward to moving ahead on this very important project. -Sincere-]),, Dan Rourke, P.E. Project Manager 8-12 Dietz Street,Suite 303,Oneonta,New York 13820 Phone(607)432-80731Fax(607)432-0432 BRANCH OFFICE:6 Townsend Street,Walton,New York 13856 Phone/Fax(607)865-9235 Town of Queensbury Sewer District Improvements Bid Evaluation August 22,2014 All Certificate Contractor Non- Non- Certification of CONTRACTOR CONTRACT Base Bid Executed Bid Addenda as to Qua[. Collusive Discrimina Compliance- NUMBER Bid Form Bond Corporate Affadavit of don Iran Received Principal Statement Bidder Statement Divestment Act Ga110 Construction l $959,392.00 Yes Yes Yes Yes Yes Yes Yes Yes Bellamy Construction 1 $1,229,300.00 Yes Yes Yes Yes Yes Yes Yes Yes Total All Contracts $959,392.000 Torn of Queensbiny Sewer District Improvements Section 3 Bid/Contract Forms 1. Bid Form Proposal 2. Bid Bond 3. Certificate as to Corporate Principal 4. Statement of Qualification Form 5. Non-Collusion Affidavit of Bidder 6. Non-Discrimination Statement 7. Certificate of Compliance Iran Divestment Act 8. Performance Bond 9. Payment Bond Delaware F_ngineering,D.P.C. Town of Queensbury Sewer District Impr overnents PROPOSAL Date: 8/22/14 Proposal of(company name) Gallo Construction Corp. to furnish and deliver all material and do and perform all work in accordance with the Specifications,Drawings,and Contract Documents titled Sewer District briprovements for the Town of Queensbury,Warren County,New York. To: TOWN OF QUEENSBURY 742 BAY ROAD QUEENSBURY,NY 12904 The undersigned bidder has carefully examined the site of the work,is familiar with existing conditions,and has carefully examined the Plans,Specifications,Contract Documents,and Addenda covering the new sewer lines and associated construction. The Contractor shall provide all necessary insurance,bonds,machinery, tools,apparatus,falsework and other means of construction,and do all the work and furnish all the materials called for by said contract according to the following unit prices. The unit price is to be shown in both words and figures. In the event of discrepancies,the amount shown in words shall govern. Bids must be legible, contain no omissions:.,alterations,or additions. All items are to be furnished and installed in place complete. The undersigned further understands that the contract will be awarded to the competent, qualified bidder submitting the lowest bid for the Total Base Bid selected by the Owner. ADDENDA ACKNOWLEDGMENT ADDENDUM NUMBER ': DATE RECEIVED 1. The undersigned Bidder,having familiarized oneself with the complete Contract Documents (plans,specifications),and all matters affecting the cost of the Work,hereby proposes to complete all Work as specified or indicated in Section 01010:"Suunary of Work"of the Contract Documents for the following price: Delaware Engineering, D.P.C. BID FORM-Page 1 roun or oveonan>rny crxVra«o r Town of Queensbury-Sewer District Improvements Contract-General BID ITEM SIZE QUANTITY UNITS ` WRITE OUT THE UNIT PRICE FIGURES ITEM BID PRICE 1.1 Mobilizatan and General GonsMrction(3°6 max of total) 1 LS d� � y a 1.2 General Sedimentation and Erosion Control 1 LS V a 6 C 1.3 Maintenance and Protection of Traffic _ 1 _ LS r wU 40 . o c) 1,4 Meadowbrook Bypass and Finch Valve 1 IS � Q(} 1.6 Meadowbrook Odor Control 1 1.8 J G 1.6 Meadowbrook Elevator Wire Mesh Enclosure System 1 LS y . J.7 Hiland Park Bypass 1 LS r (}o ©O C 1.9 Forcemain Bypass Connections-Type A 2 EA 37 Zan 1.9 Forcemain Bypass Connections-Type B 5 EA -5,0o,V F✓A DO �a 1.10 Directional Drill at Ousker Road Including Bypass Connections 1 LS z v G o a 00 6 1.11 Directional Drill at Bay Road Including Bypass Connections 1 LS 3g O Q O p LiYZ 1.12 Bypass Connections at Bay Road with existing valves 2 EA 3 wQQ .�. Ono n U 1.13 YHOPE DR 11 Forcemain 1 LS ` Q (�(� r a O 1.14 Fracture and Removal of Rock - 50 1.15 Furnish Residential Grinder Pumps 21 EA Go __ 1.18 Furnish Bypass Pump 1 LS ret 4ii, ;z QQ 01> ` a G 1.11 Site Restoration Work - 1 LS oo E: D t a Q Allowances for Owner Requested Modifications 1 530,000 Thhty Thousand Dollars and no cents ^5,10,000.00 f $30.000.00 CONTRACT TOTAL COST>(write out both In words and figures) cwffi a Engin"",DAC 810 FORM.PjW 2 Town of Queensbwy Sewer District Improvements The undersigned also agrees as follows: 1. The total contract price bid shall be accepted as full compensation for the complete work subject to additions or deductions in quantity of work performed or changes agreed upon. 2. Within ten(10)days from the date of"Notice of Acceptance"of the Proposal,to execute the contract and to furnish a satisfactory labor, payment and performance bond in the amount of 100%of the contract price. 3. To begin work no later than ten(10)days after receipt of"Notice to Proceed"of the Owner. 4. To comply with requirements as to the conditions of employment,wage rates and hours set forth in the bidding documents. 5. The Work will be substantially complete and operational within 150 calendar days after the date the Contract Time commences to run and completed and ready for final payment within 30 days after Substantial Completion. Accompanying this proposal is a Certified Check or Bid Bond in the amount of 5�S ($ )payable to the Town of Oueensbur►which is forfeited liquidated damages if this proposal is accepted and the undersigned shall fail to execute the contract and furnish satisfactory contract bond under the conditions and within the time specified in the proposal,otherwise bid security will be returned to the undersigned. Bidder Gallo Construction Corp. By: Michael A. Gallo Date: 8/22/14 Address: 50 Lincoln Ave. Watervliet, NY 12189 Phone: (518)273-0234 CORPORATE SEAM. Subscribed and sworn to before me this 22nd. day of August 20 14 Tit My Commission Expires: )L ate Uw a Orr G�t ,state or)+ r York NO.�� y tf cammhwl6n1 Delaware Engineering.D.P.C BID FORM-Page 3 Town of Queembury Sewer Distria Improvements CERTIFICATE AS TO CORPORATE PRINCIPAL Michael A.. Gallo Vice President I, ,certify that I am the(1) of the Corporation named as Principal in the bid bond;that Michael A- Gallo who signed the said bond on behalf ofthe Principal was then Vice President of said corporation; that I know his signature thereto is genuine; and that said bond was duly signed, and attested to for and in behalf of said corporation by authority of this governing body. (Corporate Seal) Title Vice President DelMrare Engineering. D.P.C. CERTIFICATE AS TO CORPORATE PRINCIPAL Page 1 Town of Qzreerubur7 Sewer District Improvements STATEMENT OF BIDDER'S QUALIFICATIONS *PLEASE SEE ATTACHED DOCUMENT* All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary,questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. 1. Name of Bidder and permanent main office address and telephone number. 2. Names of all officers and principals in the firm. 3. When organized(Month, Day,Year). 4. If corporation, where incorporated(City, State). 5. How many years have you been engaged in construction under your present firm or trade name? 6. Contracts on hand: (Schedule these, showing gross amount of each contract and the appropriate dates of completion). 7. General character of work performed by your company(e.g.Construction,Excavation,etc.). 8. Have you ever failed to complete any work awarded to you? If so,where and why? 9. Have you ever defaulted on a contract? If so,where and why? 10. List the important contracts completed by you within the past two years,stating approximate gross cost for each,and the month and year completed. 11. List your major equipment available for this(Description,Age, Contract,etc.). 12. List experience in construction work similar in importance to this project(Contracts within the past five years). 13. List background and experience of the principal:members of your organization including the officers(Type of work,number of years). 14. Give bank reference and names in which accounts are held. 15, List on a separate sheet of paper proposed suppliers and subcontractors. 16. Will you,upon request, furnish any other information, financial or otherwise, that may be required by the OWNER? Yes X No Delawarr Engineering,D_P.G STATEMENT OF BIDDER'S QUALIFICATIONS-Page I T H E A M E R I C A N I N S T I T U T E OF A R C H I T E C T S ittttt: 4%. s�i► AIA Document A305 Contractor's Q ualifiication Statement 1986 EDITION This form is approved and recommended by The American Institute of Architects (414)and The Associated General Contractors of America(AGC)for use in evaluating qualifications of contractors. No endorsement of the submitting party or verification of the information is made by the AIA or AGC The Undersigned certifies under oath that the information provided herein is true and sufficiently complete so as not to be misleading. SUBM77TED TO Town of Queensbury SUBMITTED BY: Anthony Gallo Corporation O NAME: Gallo Construction Corp. ADDRESS: 50 Lincoln Ave. Partnership ❑ PRINCIPAL OFFICE: 117aternliet,..Y. 12189 Individual ❑ Joint Venture ❑ NAME OF PROJECT: Other ❑ TYPE OF WORK(file separate form for each Classification of Work): X General Construction HVAC Plumbing Electrical Other Copyright 1964,1969,1979,8 1986 by The American Institute of Architects,1735 New York Avenue,N.W.,\Washing- Ton D.C.20006. Reproduction of the material herein or substantial quotations of its provisions without written permission Of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUNI ENT A305=CONTRACTOR=S QUALIFICATION STATEMENT=1986 EDITION_AIA7=81986 A305-1986 1 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,NX,WASHINGTON,D.C.20006 1. ORGANIZATION 1.1 How many years has your organization been in business as a Contractor? SMCE 1948 1.2 How many years has your organization been in business under its present business name? SLR CE 1982 1.2.1 Under what other or former names has your organization operated'? Colonie Construction Corp. 1.3 If your organization is a corporation,answer the following: 1.3.1 Date of incorporation: June 1958 1.3.2 State of incorporation: New Yor* 1.3.3 President's name: Anthony Gallo 1.3.4 slice President's name(s): Alichael Gallo 1.3:5 Secretary's Name: Afarjorie Gallo 13.6 Treasurer's Name: A mjorie Gallo 1.3.7 Controller's Name: Lisa Gizara IA If your organization is a partnership,answer the following: 1.4.1 Date of organization: 1.4.2 Type of partnership(if applicable): 1;4.3 Name(s)of general partner(s): 1.5 If your organization is individually owned.answer the following: 1.5.1 Date of organization: 1.5.2 Name of owner: 1.6 If the form of your organization is other than those listed above,describe it and name the principals: AM D0C.1L,*NiENT A305 COATRACYOR_S QUALIFICATION STAI ENIF.N'T=1486 EDITION=AW 81986 A305-1986 2 THE A>IFRICA?'iwSTITLTE OF ARCHITECTS,1-35 NEW YORK AVE\'[,'E.\,W'..WA51IINC,TO\,D.C.200036 2. LICENSING 2.1 List jurisdictions and trade categories in which your organization is legally qualified to do business, And indicate registration or license numbers,if applicable. Virginia-4 2705112336 2.2 List jurisdictions in which your organization's partnership or trade name is filed. New York Delaware Virginia New Jersey Pennsylvania Vermont Maryland 3. EXPERIENCE 3.1 List the categories of work that your organization normally performs with its own forces. Sitework Bridge Replacement Concrete Heai��Highwav Rough Finish Cmpenny Utility Work Specialties Demolition 3.2 Claims and Suits.(If the answer to any of the questions below is yes,please attach details:) 3.2.l Has your organization ever failed to complete any work awarded to it? NO 3.2.2 Are there any judgments,claims,arbitration proceedings or suits,pending or outstanding, against your organization or its officers? NO 3.2.3 Has your organization filed any law suits or requested arbitration with regard to construc- tion contracts within the last five years? NO 3.3 Within the last five years has any officer or principal of your organization ever been an officer or principal of another organization when it failed to complete a construction contract? (If the answer is yes,please attach details.) NO ACA DOCGNIE>\'T A305 a COhTRAC.TOR=S QUTAUFICAT1Oh STATEtiiE_YT a 1935 EDITION' ALA"_51956 �3�5-�9HL 3 THE.AMERICAN NSTITtT IT rE OF ARCHITECTS,135 NMW YORK A Vk"'.�'I;E.�.\v.,WASHr"G7oN,D C.(Sloe 3.4 On a separate sheet,list major construction projects your organization has in progress,giving the name of project,owner,architect,contract amount;percent complete and scheduled completion date. 3.4.1 State total worth of work in progress and under contract: SEE SCHEDULE B 3.5 On a separate sheet,list the major projects your organization has completed in the past five years, giving the name of project,owner,architect,contract amount,date of completion and percentage of the cost of the work performed with your own forces. 3.5.I State average annual amount of construction work performed during the past five years: 2012- $5,637,499 2011-$6,334,428 2010-$4,450,526 2009-$7,113,518 2008 -S 4,458,000 5 Year Total=$27,993,971 Average Volume for last 5 years= $5,598,794 SEE SCHEDULE A 3.6 On a separate sheet,list the construction experience and present commitments of the key individ- uals of your organization. SEE SCHEDULE III 4. REFERENCES 4.1 Trade References: Come Building Systems,Inc. Palette Stone Corp. Admar Supply Co,Inc 743 Rosemont Lane 373 Washington.Ave. I950 Bri-Hen TI Rd Imler.PA 16655 Saratoga Springs,NY 12866 Rochester,NY 14623 P: 814-276-9611 P: 518-584-2421 P:518-427-5000 RJ Valente Gravel Cranesville Block Barker Steel 315 Partition Street 1250 RiverfronrCenter 126 Port Road South Rensselaer,NY 12144 Amsterdam,NY 12010 Albany,NY 12202 P: 518-432-4470 P: 518-877-5560 Toni Hines P: 518465-6221 4.2 Bank References: First Niagara—Greg Nowitski 767 New Loudon Road Latham,NY 12110 Phone—(518)7854596 4.3 Surety: Hannover Insurance Company PO Box 4898 Syracuse,NY 13221 Patty Bergsbaken 4.3.1 Name of bonding company: James P. Reagan Agency—Phone:(315)637-2094 8 E.Main St.P.O.Box 191 Marcellus,NY 13108-0191 Francis A.Lowther-Phone: (315)637-2094 x381 4.3.2 Name and address of agent: Same as 4.3.1 AIA DOCI'NtE\T A.;O{_MN'TRAC'rOR=S QI-ALIFICATIO:4 STATEMENT E 1956 EDI TIO\ AW_�M956 A305-198b 4 THE.ANIFRICAN,I\S]ft UTE OF ARCHITECTS 1713-5 NEW YORK AVE\t'E.-N W.,WASIINGTON,OC.?�6 5. FINANCING 5.1 Financial Statement. SEE ATTACHED STATEMENT 5.1.1 Attach a financial statement.preferably audited,including your organization's latest balance sheet and income statement showing the following items: Current Assets(e.g.,cash,joint venture accounts,accounts,receivable,notes receivable.accrued income.deposits,materials inventory and prepaid expenses); Net Fixed Assets; Other Assets; Current Liabilities(e.g.,accounts payable,notes payable,accrued expenses,pro- vision for income tares,advances,accrued salaries and accrued payroll taxes); Other Liabilities(e.g.,capital,capital stock,authorized and outstanding shares par values,earned surplus and retained earnings). 5.1.2 Name and address of firm preparing attached financial statement,and date thereof- Joseph Skibo DiFabio.VanZandt&Co,P.C. 4 Automation Lane Albany,NY 12205 5.1.3 Is the attached financial statement for the identical organization named on page one? Yes 5.1.4 If not,explain the relationship and financial responsibility of the organization whose financial statement is provided(e.g.,parent-subsidiary). 5.2 Will the organization whose financial statement is attached act as guarantor of the contract for construction? Yes ALA DOCUMENT A305=COVMC?OR�S CR7ALIFICATION STATE�iE NT c.1956 EDITION-ALA?a.8I986 THE A.WkIC.AN TN''ST1717E OF ARCHITECTS.IM N'E W YORK AV ENLE,N.W.,WASHMMON.D C.20006 A305-1986 5 6. SIGNATURE 6.l Dated this Day of Name of Organization: Gallo Construction Coln. By: Michael A.Gallo Tide: Vice-President 6.2 Mr. Michael A. Gallo. being duly sworn deposes and says that the information provided herein is true and sufficiently complete so as not to be misleading. Subscribed and sworn:,koree this Day of Nota ry PublicMy Carrtmissi : J�t t tsa JL lw* AS F A 9ta0edr twto�DIG= �?C)"1 1 Commission Expires beosm0e►�. t"Ali'VION:You should use an original AIA document,which has this caution,printed in red. An original assures that changes,+ill not be obscured as mad occur stlien documents ure rcl;roduced. AL4 DOCUMENT ANTS-CONTRAC MS QUALIFICATION STATE'NT s 1986 EDITION a UA7:61956 A305-1986 6 THE A:ISFRICAN INSTITUTE OF ARCHITECTS,1735\'EN'YORK AVFNUE,N.W.,WASHNGTONI.D.0 210* SCHEDULE III Anthony J. Gallo........President/CEO Having 48 Years Of Construction Experience. Develops and maintains the vision of the company. Oversees marketing.,production and finance. Approves all financial obligations. Seeks business opportunities, Plans,develops, and establishes policies and objectives of business organization. Directs and coordinates financial programs to provide funding for new or continuing operations. Michael A.Gallo.......Vice President Having 27 Years of Construction Experience.Manages and Plans, Project Activities. Directs and Coordinates Estimating Activities Mariorie A. Gallo.......Secretar-yareasurer Having 35 Years of Construction Experience Directs staffing and facilitating staff services, Manages and coordinates Financial Accounting and Computer Programs Rudlev G. Lewis......Executive Operations Manager Brings more than 25 years of professional construction experience and has delivered in excess of 5160 million in completed projects as a Construction Manager,in the last 10 years alone. Experience in facilities planning,design development, estimating,procurement, and documents development. Lisa Gizara....... Controller/Office Manager Having 24+ Years of Construction and Accounting Experience.Manage and coordinate accounting software program and financial activities. Manage daily office functions. Town of Queensbug Seiler District Improvements IT The undersigned hereby authorizes and requests any person; firm or corporation to furnish any information requested by the OWNER verification of the recitals comprising this Statement of Bidder's Qualifications. Dated at 11 :30am this 22nd.day of August )0 14 Gallo Construction Corp. (Name of Bidder) By: �..-���- (Principal) Michael A. Gallo Title:Vice President State of NY ) County ofAlbany Michael A. Gallo being duly sworn,deposes and says that he is Vice President of Gallo Construction Corp. and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this 22nd day of August ' 2014 r r��aa��yy t ,Brice of New York N t Public Aw ed in AaRomen co-MW No.oiti16MUS My Commission expires Delaware Engineering.D.P.C.. STATEMENT OF BIDDERS QLIAL[FICA TIOtiS-Page,2 Town of Qneensbuty Serer District Improwmems NON-COLLUSION.AFFIDAVIT OF BIDDER State of NY } )ss. County of Albany ) Michael A. Gallo ,being first duly sworn,deposes and says that (1) He is(owner,partner,officer,representative,or agent)of Gal to Construction ,the Bidder that has submitted the attached.Bid; (2) He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid (3) Such Bid is genuine and is not a collusive or sham.Bid; (4) a. By submission of this Bid, each Bidder and each person signing on behalf of any Bidder certifies,and in the case of a joint.Bid each party thereto certifies as to its own organization,under penalty of perjury,that to the best of his knowledge and belief; 1. The prices in this Bid,have beenarrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition,as to any matter relating to such prices with any other bidder or with any competitor; 2. Unless otherwise required bylaw,the prices which have been quoted in this bid have not been knowingly disclosed by the Bidder and will not knowingly be disclosed by the Bidder prior to opening,directly or indirectly,to any other bidder or to any competitor;and 3. No attempt has been made or will be made by the Bidder to induce any other person, partnership or corporation to submit or not to submit a Bid for the purpose of restricting competition. b. A Bid shall not be considered for award nor shall any award be made where clauses (4)a, 1,2 and 3 above have not been complied with;provided however,that if in any case the Bidder cannot make the foregoing certification,the Bidder shall so state and shall furnish with the Bid a signed statement which sets forth in detail the reasons therefore. Where(4)a, 1.2 and 3 above have not been complied with,the Bid shall not be considered for award nor shall any award be made unless the head of the purchasing unit of the state,public department or agency to which the Bid is made,or his designee, determines that such disclosure was not made for the purpose of restricting competition. Delaware Engineeping. D.P.C. NOtV COLLUSIONAFFIDAVIT OF BIDDER-Page 1 Town ofQueencbug SexverDistrict Improvemenu The.fact that a Bidder(i)has published price lists,rates,or tariffs covering items beingprocured,(ii) has informed prospective customers of proposed or pending publication of new or revised price lists for such items,or(iii)has sold the same items to other customers at the same prices being bid,does not constitute, without more,a disclosure within the meaning of clause(4)a,2. Any Bid hereafter made to the Municipali ty or any public department,agency or official thereof by a corporate Bidder for work or services performed or to be performed or goods sold or to be sold, where competitive bidding is required by statute,rule or regulation,and where such Bid contains the certification referred to in subparagraph (4) a, of this section, shall be deemed to have been authorized by the Board of Directors of the Bidder and such authorization shall be deemed to include the signing and submission of the Bid and the inclusion therein of the certificate as to non-collusion as the act and deed of the corporation. (5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion,conspiracy,connivance or unlawful agreement on the part of the Bidder or any of its agents,representatives,owners,employees,or parties in interest,including this affidavit. Signed: �.,_�l"� � Title: vice President Su cribed and sworn to before me this 22ndday of August :2014 AdL� rt0WY mow sty of "+�York �i+ jjNqry_P_ubJi_C in t� No.mlswsm comma+BOMOMPAW 30, My Commission expires ! Delaware Engineering,D.P.C. NOA COLLUSIOA AFFIDAVIT OF BIDDER-Page 2 Town of Oieensbuty Sewer District Improvements NON-DISCRIMINATION STATEMENT In accordance with Article 15 of the Executive Law(also known as the Human Rights Law)and all other State and Federal statutory and constitutional non-discrimination provisions, the Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin,age,disability or marital status. To the extent that such services are to be provided pursuant to the contract,the following paragraph is required: Furthermore,in accordance with Section 220-e of the Labor Law, if this is a contract for the construction,alteration orrepair of any public building or public work or for the manufacture,sale or distribution of materials,equipment or supplies,and to the extent that this contract shall be performed within the state of New York,Contractor agrees that neither it nor its subcontractors shall, by reason of race, creed, color, disability, sex or national origin: a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work:b)discriminate against or intimidate any employee hired for the performance of work under this contract. Signature: Title: Vice President Delaware Engineering,D.P.C. NON' STATEMENT-Page I CERTIFICATION OF COMPLIANCE WITH THE IRAN DIVESTMENT ACT As a result of the Iran Divestment Act of 2012(the"Act"),Chapter 1 of the 2012 Laws of New York,a new provision has been added to State Finance Law(SFL)§ 165-a and New York General Municipal Law§ 103-g, both effective April 12,2012. Under the Act,the Commissioner of the Office of General Services (OGS)will be developing a list of"persons"who are engaged in"investment activities in Iran"(both are defined terms in the law)(the"Prohibited Entities List").Pursuant to SFL§ 165-a(3)(b),the initial list is expected to be issued no later than 120 days after the Act's effective date at which time it will be posted on the OGS website. By submitting a bid in response to this solicitation or by assuming the responsibility of a Contract awarded hereunder, each Bidder/Contractor,any person signing on behalf of any Bidder/Contractor and any assignee or subcontractor and,in the case of a joint bid,each party thereto,certifies,under penalty of perjury,that once the Prohibited Entities List is posted on the OGS website,that to the best of its knowledge and belief,that each Bidder/Contractor and any subcontractor or assignee is not identified on the Prohibited Entities List created pursuant to SFL§165-a(3)(b) Additionally,Bidder/Contractor is advised that once the Prohibited Entities List is posted on the OGS Website,any Bidder/Contractor seeking to renew or extend a Contract or assume the responsibility of a Contract awarded in response to this solicitation must certify at the time the.Contract is renewed, extended or assigned that it is not included on the Prohibited Entities List. During the term of the Contract, should the Town receive information that'a Bidder/Contractor is in violation of the above-referenced certification,the Town Will offer the person or entity an opportunity to respond. If the person or entity fails to demonstrate that hefshe/ithas ceased engagement in the investment which is in violation of the Act within 90 days after the determination of such violation,then the Town shall take such action as may be appropriate`including,but not limited to, imposing sanctions, seeking compliance,recovering damages or declaring the Bidder/Contractor in default. The Town reserves the right to reject any bid or request for assignment for a Bidder/Contractor that appears on the Prohibited Entities List prior to the award of a contract and to pursue a responsibility review with respect to any`Bidder/Contractor that is awarded a contract and subsequently appears on the Prohibited Entities List. I, Michael A. Gallo bein du��VV sworn,deposes ano says that he/she is the Vice President of t he ailo Construction Corporation. By submission of this bid,each bidder and each person signing on behalf of any bidder certifies,and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury,that to the best of its knowledge and belief that each bidder is not on the list created pursuant to paragraph(b) of subdivision 3 of§165-a of the State Finance Law. SIGNED SWORN to before me this 22nd- day of August 2014 Notary Public 41V it C,�tsra �� notary 94ft of New York QualHled in Moiftawy County NO.01Grsaesszs �l Cnmmission F.xpkes ueconoer 30, " Towiz of ueenshury Sewer District Improvements BID BOND KNOW ALL MEN BY THESE PRESENTS,that we the undersigned Gallo Construction Corp. as PRINCIPAL. and The Hanover Insurance Company_, as SURETY, are held and firmly bound unto the Town of Queensbury, in the sum of --Five Percent of Bid— Dollars ($_--5%of Bid-- ),lawful money of the United States for the payment of which sum well and truly to be made,we bind ourselves,our heirs,executors,administrators.successors,and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH.that whereas the Principal has submitted the Accompanying Bid,dated August 22 ,20 14_for Sewer Force Main improvements Bay R d and Quaker Road NOW THEREFORE,if the Principal shall not withdraw said Bid within the period specified therein after the opening of the same.or, if no period be specified within forty-five(45)days after the said opening,and shall within the period specified therefore,or if no period by specified,within ninety (90)days after the prescribed forms are presented to him for signature,enter into a written Contract with the Town of Queensbury,New York, in accordance with the Bid.is accepted,and give bond with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such Contract; or in the event of withdrawal of said Bid within the period specified,,or the failure to enter into such Contract and give such bond within the time specified, if the Principal shall pay the Town of Queensbury,New York, the difference between the amount specified in said Bid and the amount for which the Town of Queensbury,New York,may procure the required work or supplies or both, if the latter be in excess of the former, then the above obligation shall be void and of no effect,otherwise to remain in frill force and virtue. IN WITNESS WHEREOF. the above,bound parties have executed this instrument tinder their several seals this 22nd_day of August ,20 14_the name and corporate seat of each corporate party being hereto affixed and these presents signed by its undersigned representative, pursuant to authority of its governing body. No Extension of time or other modification of this Bid Bond shall be valid unless agreed to in writing by the parties to this Bond. Signed and Sealed this.22nd-day of_August , 20.14_. FOR BIDDER: Gallo Construction Corp. e". Wornpany) (Witness) -Michael A.Gallo Vice President {ldame,'Title) (Seal) (Signature.) F R SURETY: The Hanover Insurance Company (Comp, (Wit n ss) _ all M.Ji._enez Att rne.�-in-Fact (Seal) Delaware Engineering, D.P.C. BID BOND-Page l Town o Queenshui j, Seiver District Improvements ACKNOWLEDGEMENT FOR CORPORATION:State of NY ,County of Albanv On this 22nd day of August 2014.before me personally carne Michael A to me known,who being duly sworn,did depose and state that he is the Vice President of Gallo Construction Corp. . the Corporation described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to said instrument is such corporate seal;that it vas so affixed by order of the Board of Directors of said corporation; and that he signed his name thereto by like order. 4 Lin A.Gizara notary vuwtq,stAe of ter York {2 n � (t Qw9W in tKO Domy counsy My commission expires:_ I`mot No.01G360BSS75 f j t "Public-Seall ACKNOWLEDGEMENT FOR INDIVIDUAL..: State of .County of On this__day of .20_, before me personally came _ to me known,and known by me to be the individual described in and who executed the foregoing instrument,and acknowledged to me that he executed the same. My commission expires: Notary Public-Seal ACKNOWLEDGEMENT FOR FIRM: State of , County of On this day of ,24 , before me personally came to me known, and known by me to be a member of the firm of _ , described in and who executed the foregoing instrument.and he thereupon.acknowledged that lie executed the same as and for the act and deed of said firm. My commission expires: — — Notary Public-Seal ACKNOWLEDGEMENT FOR SURETY: State of-NY County of__Onondaga _ On this 22nd day of August ,20 14 ,before me personally came_ Natalie M.Jimenez to me known, vaho being duly sworn, did depose and state that he is an Attorney-In-Fact of The Hanover Insurance Company _.the corporation described. in and which executed the within instrument;that he knows the seal of said corporation;that the seal affixed to said instnument is such corporate seal.and that he signed the said instrument and affixed the said seal as Attorney-in-t=act by authority of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. My commission expires: May 19,201 Notary Public- eat NO"Pew stow of W" :'Vote: .-t ttornq-in-Fact,State of j`( MyCOltltt1i.41M EMM May 19,MID Attach Poiver of Attorney for person signing Jor Surety Bona Delaware I ngineering. D.P.C. BID BOND-Page 2 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY T ESE FRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY,both being corporations organized and existing under the taws of the State of New Hampshire,and CITIZENS INSURANCE COMPANY OF AMERICA,a corporation organized and existing under the laws of the State of Michigan,do hereby constitute and appoint Francis A.Lowther,Natalie M.Jimenez,Karen H.Myers,Alicia M.Evans, Stacey L.Aylesworth,Christine M.Posecznick and/or Courtney P.Pardy of Marcellus,NY and each is a true and lawful Attorney(s)-in-fact to sign.execute,seat,acknowledge and deliver for, and on its behalf.and as its act and deed any place within the United Stales,or,if the following line be filled in,only within the area therein designated any and all bonds,recognizances,undertakings,contracts of indemnity or other writings obligatory in the nature thereof,as follows: Any such obligations in the United States,not to exceed Twenty Million and No/1100($20,000,000)in any single instance and said companies hereby ratify and confirm all and whatsoever said Attorney(s)-in-fact may lawfully do in,the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect. 'RESOLVED,That the President or any Mice President,in conjunction with any Vice President,be and they are hereby authorized and empowered to appoint Attorneys-in-fact of the Company,in its name and as its acts,to execute and acknowledge for and on its behalf as Surety any and all bonds,recognizances, contracts of indemnity,waivers of citation and all other writings obligatory in the nature thereof,with power to attach thereto the seal of the Company.Any such writings so executed by such Attorneys-in-tact shall be as binding upon the Company as if they had been duty executed and acknowledged by the regularly elected officers of the Company in their own proper persons.'(Adopted October 7, 1981 The Hanover insurance Company.Adopted April 14,1982- Massachusetts say Insurance Company:Adopted September 7,2001-Citizens insurance Company of America) IN WITNESS WHEREOF,THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be seated with their respective corporate seals,duly attested by two Vice Presidents, this 21st day of February 2014, THE HANOVER INSURANCE COMPANY MASSACH.US XTTTS BAY INSURANCE COMPANY CITIZENS IN)SUR,ANCE�qQMPANY OF AMERICA Robert Thomas,Vice President 4 42d—, ice P THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER )ss. (� On this 21 st day of February 2014 before me came the above named Vice Presidents of The Hanover insurance Company,Massachusetts Bay insurance Company and Citizens insurance Company of America,to me personally known to be the individuals and officers described herein,and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens insurance Company of America,respectively, and that the said corporate seats and their signatures as officers were duty affixed and subscribed to said Instrument by the authority and direction of said Corporations. -\ 2k"R A A A G ARI Itx, ��i Nay PuSIti Barbara A.Garlick,Notary Public My Commission Expires September 21,2018 I,the undersigned Vice President of The Hanover Insurance Company:Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full,true and correct copy of the Original Power of Attorney issued by said Companies,and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company Massachusetts Bay insurance Company and Citizens Insurance Company of America RESOLVED.That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto,granted ane executed by the Presioent or any Vice President in conjunction with any Vice President of the Company,shall be binding on the Company to the same extent as if ail signatures therein were manually affixed,even though one or more of any such signatures thereon may be facsimile,- (Adopted October 7,1981 -The Hanover Insurance Company,Adopted April 14.1982-Massachusetts Bay Insurance Company,Adopted September 7,2001-Citizens Insurance Company o` America1 g� /L,,,-�L GIVEN under my hand and the seals of said Companies.at Worcester,Massachusetts,this �L day of LiTIL v 20 )y . THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA gtenn Margosian,Vice President I ht-Hapoves insurance Company i 440 L. 041 9!f.0. HA"nover caq",ii I.S.'amc CC-P..y of Amt f;15 h i Fwt,A(!-.C,HO—tl:_taf instirance C'rollp_ h4assachilsels Bay Insurance Comps 4 Financial Statement The Hanover Insurance Company, Bedford, New Hampshire Financial Statement as of December 31, 2013 ASSETS 2013 Cast-.. in Banks '-r-4cluejing Short-Terri investments;. .. ................ ...... . .......... .... ....... $ 50,894,228 5 nds and Stocks . . _._................................... . .................._........ ....... ........ ........... $ 4,71i,827,363 Adrr.ictcd Assets .. ...... .....I—...­1........ ..........­....­­­.... .... I.,... ........I.... ... ........ S 1,284,421,.678 ToraiAdinitted Assets ........... .... ................._.......... ......_....... ...... ........._...... ...... S 6,047,143,269 LIABILITIES, CAPITAL AND SURPLUS Reserve for Unearned Premiums ......... ....... ...... ......._"._............. ............... ................ $ 1,350,588,326 -or LOSS and Loss ExpcnSC ... ......... ............ .................. ......... .................. $ 2,264,133,905 acserve Reservefor Taxes .-..... .... ......... .............. ........ ........... ........ ............. ....................... 0 F-zn,!S he'd LindCl roicsurancc-treaties .... . ......... ................... ........ ......___.... _'; 5,856;574 Reserve,`or aif other lab!lities _.......... ........ ...... ........ ............. ...................... 596,875,902 Capital stock C1.i7L p;)r.. ._­'.1............................ $ 5"Oot-)'000 Net Surprius ...... ... . .... ....... . ........ 5 1182'd.688 563 hDiners, Suinlui, .......... ..... . ................. .................._............... S 1,829,688,563 fota'j Liabili"ics. Capita;;arid Surplus ......... ........ ....... . ....................... ...... $ 6,047,143,269 -D _S -Of-jM0tN"NEAL' j CjF t-1ASSACHUSET" -COUNTY OF WORCESTER insurance Cornpany, being duly sworn deposes and says that he is the above asurei of The Hanovizir '.oscoh. Pcdo, Asst. Trc - described officer of said Company, ant cQmf1cs that the foregoing Statement,is a true statement of the condition and affairs of:he Sa,d Conivany on Dcr-cin-,ber 3-1, 2013. JoscPh Pedorella Asst. Treasurer