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287.2007 RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND KUBRICKY CONSTRUCTION CORPORATION CONCERNING EMERGENCY REPAIR OF SANITARY SEWER FORCE MAIN ALONG BAY ROAD RESOLUTION NO. 287, 2007 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, by Resolution No.: 118,2007, the Queensbury Town Board determined that the repair of the 12” ductile iron force main along Bay Road between Lexington and Duke Drive was an emergency repair needed to best serve the Town’s residents and such repairs should be made as soon as possible, and WHEREAS, Resolution No. 118,2007 also authorized engagement of Barton & Loguidice, P.C. (Barton) for the provision of engineering services related to the design and construction administration of such emergency sanitary sewer force main repair/replacement along Bay Road, and WHEREAS, Barton and the Town’s Wastewater Director have recommended that the Town Board authorize an Agreement with Kubricky Construction Corporation (Kubricky) to complete such emergency repairs for an amount not to exceed $343,850.00, 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 authorize him to approve and sign certain Change Orders that he deems necessary or appropriate, provided that the aggregate amount of such Change Order(s) do not exceed up to five percent (5%) of the original Contract award, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes an Agreement with Kubricky Construction Corporation (Kubricky) for the construction and completion of the emergency repairs of the sewer force main along Bay Road between Lexington and Duke Drive for an amount not to exceed $343,850.00, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute an Agreement between the Town and Kubricky in form acceptable to the Town Supervisor, Wastewater Director, Town Fiscal Officer and Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the Town Wastewater Director to approve and sign Change Orders pertaining to this project, provided such Change Orders do not exceed up to five-percent (5%) of the original Contract award and provided the Town Wastewater Director notifies the Town Board immediately of such Change Order(s), and BE IT FURTHER, RESOLVED, that upon completion of work in such Contract and/or in any necessary Change Order(s), the Town Board further authorizes payment for these services with such amounts to be paid as follows: 75% from the Central Queensbury Quaker Road Sanitary Sewer District Fund – Account No.: 32-8130-2899; 12% from Hiland Park Sanitary Sewer District Account No.: 34-8130-2899; and 13% from Route 9 Sanitary Sewer District Account No.: 34- 8130-2899, and BE IT FURTHER, 2 RESOLVED, that the Queensbury Town Board hereby approves, authorizes and directs that the 2007 Budget be amended by increasing appropriations as outlined above and increasing the Appropriated Fund Balance in the aforementioned funds in the total amount of $343,850.00 to provide for payment to Kubricky, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town's Fiscal Manager to make any necessary adjustments, transfers, or prepare any necessary documentation to provide for such payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Wastewater Director, Town Counsel and/or Town Fiscal Manager to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 18 day of June, 2007, by the following vote: AYES: Mr. Strough, Mr. Stec, Mr. Boor, Mr. Sanford NOES: None ABSENT: Mr. Brewer 3