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083.2004 RESOLUTION AUTHORIZING INCREASE IN CONTRACT AMOUNT AND CHANGE ORDER WITH KILBY BROTHERS, INC. IN CONNECTION WITH CONSTRUCTION OF SOUTH QUEENSBURY – QUEENSBURY AVENUE SEWER DISTRICT RESOLUTION NO.: 83, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by Resolution No.: 314.2002 the Queensbury Town Board authorized acceptance and award of the bid for the pump station and force main construction in connection with the creation of the South Queensbury – Queensbury Avenue Sewer District from the lowest responsible bidder, Kilby Brothers, Inc., for an amount not to exceed $1,640,000 as delineated in Kilby Brothers, Inc.’s Bid Form dated July 19, 2002, and WHEREAS, as a result of four (4) items being added to the scope of Kilby Brother’s contract, the Town Board, by Resolution No.: 413, 2002, authorized an increase in Kilby Brothers, Inc.’s contract from $1,640,000 to $1,653,789.09, and WHEREAS, Jarrett-Martin Engineers, PLLC has advised that Kilby Brothers, Inc., had certain cost overruns, underruns and performed additional work not originally anticipated, set forth in Change Orders #1-#4, and therefore the contract amount will correspondingly increase by $70,863.23 as follows: Original Contract Amount $1,653,789.09 Sum of Unit Price Item Overruns Force Main Pipeline Installation along Apollo Drive $ 2,832.51 Gravity Sewer, Force Main Pipeline along Queensbury Sum of Unit Price Item Underruns Avenue, NMPC ROW & Quaker Rd., NMPC Gas Main -$ 10,594.82 Change Order #1 Sicard Connection $ 974.26 Change Order #2 Water Meter on Pump Station Service Line $ 92.00 Solenoid Valve/Louver Repair/Power Cable/ Change Order #3 NMPC Charges $ 3,000.00 Change Order #4 Additional Rock Excavation $ 74,559.28 FINAL CONTRACT AMOUNT: $1,724,652.32 Net Difference: [Final Contract Amount –Original Contract Amount] $ 70,863.23 and WHEREAS, the Town Board previously provided for an additional appropriation of $132,000 for construction contingencies and therefore the Project’s total, bottom-line budget will not increase as a result of the change in the contract amount with Kilby Brothers, Inc., and WHEREAS, the Town Board wishes to authorize the increase in cost budgeted for the Town’s contract with Kilby Brothers, Inc., NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the increase in Kilby Brothers, Inc.’s contract concerning the pump station and force main construction in connection with the Town’s creation of the South Queensbury – Queensbury Avenue Sewer District from $1,653,789.09 to $$1,724,652.32 as described in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Wastewater Director, Deputy Wastewater Director and/or Town Supervisor to execute the necessary change orders pertaining to the changes in contract described in this Resolution provided that no change order shall be approved or executed at any time that the sum of all orders and change orders, expenditures and encumbrances will total more than the total appropriation for this Project, and BE IT FURTHER, RESOLVED, that, upon completion of such work, the Town Board further authorizes payment for these services with such amounts to be paid from the appropriate General Fund Account(s) and such amount to be refunded in full to the General Fund by future Sewer District users upon creation of the Sewer District, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Wastewater Director, Wastewater Deputy Director and/or Town Budget Officer to take any and all action necessary to effectuate the terms of this Resolution. th Duly adopted this 26 day of January, 2004, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None