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317.2018 Accepting Bid for Gurney Lane Pool Repair RESOLUTION ACCEPTING AND AUTHORIZING AWARD OF BID FOR GURNEY LANE POOL REPAIR/IMPROVEMENT PROJECT RESOLUTION NO. 317, 2018 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board previously established a Capital Improvement Plan Reserve Fund 464 (Fund 464)for future Town project developments, and WHEREAS, by Resolution No.: 124,2006 the Town Board authorized establishment of Capital Project Fund 4157 to fund expenses associated improvements at the Gurney Lane Recreation Area, and WHEREAS, by Resolution No.: 161,2018, the Queensbury Town Board authorized certain withdrawals and expenditures for specific Town Recreation Department capital improvements and maintenance projects including $146,000 toward specific capital improvements and certain items of equipment at the Gurney Lane Pool of which $60,000 was set aside specifically for pool recoating (Project), and WHEREAS, by Resolution No.: 200,2018, the Queensbury Town Board authorized and directed the Town's Purchasing Agent to publish an advertisement for bids in the official newspaper for the Project, as set forth in bid specifications prepared by the Town's Director of Parks and Recreation, The Chazen Companies (Chazen) and/or Town Purchasing Agent, 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, and WHEREAS, the Town's Purchasing Agent published such an advertisement for bids and on Thursday, August 8 h, 2018, the Purchasing Agent duly received and opened all bids, and WHEREAS, the Purchasing Agent, Recreation Commission, Parks and Recreation Director and Chazen have recommended that the Town Board authorize the bid award to the lowest responsible bidder, Patterson-Stevens, for a total bid amount not to exceed $173,700, and WHEREAS, the Parks and Recreation Director has advised the Town Board that there are times when Change Orders may become necessary for such Project and has requested that the Town Board also authorize him to approve and sign certain Change Orders up to a five-percent (5%) contingency or up to a total amount not exceeding $8,675, for Change Orders that he deems necessary or appropriate, provided that the Director first confer and receive authorization from the Recreation Commission, and WHEREAS, the Town Board wishes to authorize the withdrawal and expenditure of additional moneys in the amount of$122,385 from Fund 464 for the Project, and WHEREAS, in accordance with New York State General Municipal Law §6(c), the Town Board is authorized to withdraw and expend funds from Fund 464 subject to permissive referendum, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby finds that the withdrawal and expenditure for the Gurney Lane Pool Repair/Improvement Project (Project) as set forth in the preambles of this Resolution is an expenditure for a specific capital project for which the Capital Improvement Plan Reserve Fund 464 (Fund 464)was established, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs such Project as described in the preambles of this Resolution, and 2 BE IT FURTHER, RESOLVED, that the Town Board hereby accepts and awards the bid for the Project from the lowest responsible bidder, Patterson-Stevens for a total bid amount not to exceed $173,700, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any needed Agreement between the Town and Patterson-Steves and/or any other documents related to the bid award in form acceptable to the Town Supervisor, Parks and Recreation Director, Town Budget Officer and/or Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Town Parks and Recreation Director to approve and sign Change Orders pertaining to the Project up to a five-percent (5%) contingency or in the total amount not exceeding $8,675 that he deems necessary or appropriate, provided that the Director first confer and receive authorization from the Recreation Commission, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs a transfer from Fund 464 in the total amount of$122,385 to fund such improvement Project, such funds to be placed into the Gurney Lane Capital Project Fund 4157 and the Town Board further directs that in the event there are funds remaining in such Capital Project Fund after completion of the Project or in the event that the Project is not undertaken, the moneys in the Capital Project Fund shall be returned to the Fund 464, and 3 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that payment of up to $182,385 shall be paid to Patterson-Steves from Capital Construction Account 4: 157-7110-2899, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to take all action necessary to establish additional appropriations and estimated revenues as necessary for Capital Project Fund 4157 in the amount of$122,385, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board further authorizes and directs the Town Budget Officer and/or Accountant to take all action necessary to increase the following accounts for such appropriations and revenues as necessary: • Revenue Account 4: 157-0000-55031 (Interfund Revenue) —$122,385 • Expense Account 4: 157-7110-2899 (Capital Construction)- $122,385 • Expense Account 4: 001-9950-9030-0064 Transfer to Capital Project - $122,385 and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer and/or Accountant to amend the Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated 4 revenues and effectuate all terms of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Purchasing Agent, Parks and Recreation Director, Town Budget Officer and/or Town Counsel to take any and all action necessary to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED, that this Resolution is subject to a permissive referendum in accordance with the provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town Clerk to publish and post such notices and take such other actions as may be required by law. Duly adopted this 20'' day of August, 2018, by the following vote: AYES Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier, Mrs. Atherden NOES None ABSENT: None 5