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141.2020 Award of Bid Poured In Place Subsurface Hovey Pond RESOLUTION AUTHORIZING AWARD OF BID FOR PURCHASE AND INSTALLATION OF A “POURED-IN-PLACE (PIP)” SUBSURFACE FOR HOVEY POND CAPITAL PROJECT RESOLUTION NO. 141, 2020 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Queensbury Town Board previously established Capital Reserve Funds known as the Recreation Reserve No. 61 (Fund No. 61) and Capital Reserve No. 64 (Fund No. 64) for future capital projects, and WHEREAS, by Resolution No.: 102,2004, the Queensbury Town Board authorized establishment of the Hovey Pond Park Improvement Project and the Hovey Pond Capital Project Fund No.: 146, and WHEREAS, by Resolution 138,2019, the Town Board authorized expenditures for specific Town Parks and Recreation Department capital improvements and certain maintenance projects including a Capital Project at Hovey Pond Park (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 Town’s bid documents and specifications, and WHEREAS, by Resolution No.: 413,2019, the Town Board authorized and directed the Town Purchasing Agent to publish an advertisement for bids for the purchase and installation of a Poured-in- Place (PIP) safety subsurface for the play area for the Hovey Pond Capital Project as described in bid documents/specifications prepared by the Director and/or Town Purchasing Agent, in the official newspaper for the Town of Queensbury and/or through the New York State Office of General Services Procurement Program, and th WHEREAS, the Purchasing Agent published such advertisement for bids and on March 10, 2020, duly received and opened all bids, and WHEREAS, the Purchasing Agent and the Parks and Recreation Director (Director) have recommended that the Town Board authorize the bid award to the lowest responsible bidder, Playsites Plus Surfaces, Inc. (PPS) for a total bid amount not to exceed $91,125, and WHEREAS, Director has advised that there may be times when Change Orders may become necessary for such Project and therefore has requested authorization to approve and sign certain Change Orders up to a five-percent (5%) contingency ($4,500) for Change Orders that he deems necessary or appropriate, and WHEREAS, by Memorandum dated December 12, 2019, the Director advised the Town Board that he anticipated that an approximately $58,000 budget increase for the Poured-in-Place (PIP) safety subsurface for the play area for the Project would be needed, and WHEREAS, in accordance with New York State General Municipal Law §6(c), the Town Board is authorized to withdraw and expend funds from Reserves #61 and #64 subject to permissive referendum, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts and awards the bid for the purchase and installation of a Poured-in-Place (PIP) safety subsurface for the play area for the Hovey Pond Capital Project (Project) from the lowest responsible bidder, Playsites Plus Surfaces, Inc. (PPS) for a total bid amount not to exceed $91,125, and BE IT FURTHER, 2 RESOLVED, that the Town Board further authorizes the Parks and Recreation Director to approve and sign Change Orders pertaining to such Project up to a five-percent (5%) contingency or in the total amount not exceeding $4,500 that he deems necessary or appropriate, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that payments for such Project up to the total of $95,625 shall be from the Hovey Pond Capital Construction Account No.: 146-7110-2899, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes: 1. a transfer from Reserve No.: 61 in the amount of $30,000; and 2. a transfer from Reserve No.: 64 in the amount of $28,000; in additional funds to fund such Project, such respective fund amounts to be placed into the Hovey Pond Capital Construction Account No.: 146-7110-2899 and the Town Board further directs that in the event there are funds remaining in such Funds after completion of the Project or in the event that the Project is not undertaken, the moneys in such Funds shall be returned to the Reserve(s), and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Board Officer to increase appropriations and estimated revenues, amend the Budget and take all actions as may be necessary to fund such Projects as authorized, and 3 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any needed Agreement between the Town and PPS and/or any other needed documents related to the bid award and Project 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 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. th Duly adopted this 6 day of April, 2020, by the following vote: AYES: Mr. Freer, Mr. Ferone, Mr. Strough, Mr. Metivier NOES: None ABSENT:None 4