322.2003
RESOLUTION AUTHORIZING PURSUIT OF LIQUIDATED DAMAGES
FROM KILBY BROTHERS, INC. IN CONNECTION WITH TIME
DELAYS IN CONNECTION WITH CONSTRUCTION OF SOUTH
QUEENSBURY – QUEENSBURY AVENUE SEWER DISTRICT
RESOLUTION NO.: 322, 2003
INTRODUCED BY: Mr. Theodore Turner
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Roger Boor
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 construction of the South Queensbury – Queensbury Avenue Sewer District (Project)
from the lowest responsible bidder, Kilby Brothers, Inc., as delineated in Kilby Brothers, Inc.’s
Bid Form dated July 19, 2002, and
th
WHEREAS, an Agreement dated October 8, 2002 between the Town of Queensbury and
Kilby Brothers, Inc., was executed in connection with the Project, such Agreement including
Section 3.2 entitled “Liquidated Damages” which sets forth financial penalties to be paid by Kilby
Brothers, Inc., to the Town in the event that Kilby Brother’s Inc., does not meet the Project’s
substantial completion and completion dates, and
WHEREAS, the substantial completion date for the Project was extended to on or before
thth
June 27, 2003 and the final completion date on or before July 25, 2003, as authorized by a time
extension Change Order agreed to by the Town and Kilby Brothers, Inc., as delineated in Jarrett-
th
Martin Engineers, PLLC’s June 16, 2003 letter to Kilby Brothers, Inc., presented at this
meeting, and
th
WHEREAS, Kilby Brothers, Inc., did not substantially complete the project by June 27,
2003 and the Town did not agree to any further time extensions and therefore the liquidated
damages for the Project delay in the amount of one-hundred dollars ($100) for each day after June
th
27, 2003 will be due and owing by Kilby Brothers, Inc., to the Town,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby states its intention not to grant any
time extensions to Kilby Brothers, Inc., in connection with the substantial completion and
completion of the South Queensbury – Queensbury Avenue Sewer District construction project,
and
BE IT FURTHER,
RESOLVED, that as a result of Kilby Brothers, Inc., not substantially completing the
th
construction project by June 27, 2003 as agreed to between Kilby Brothers, Inc., and the Town
of Queensbury, the Town Board hereby states that liquidated damages in the amount of one-
hundred dollars ($100) per day shall be due and owing to the Town by Kilby Brothers, Inc., as set
th
forth in Section 3.2 of the fully-executed Agreement dated October 8, 2002 between the Town
of Queensbury and Kilby Brothers, Inc., and
BE IT FURTHER,
RESOLVED, that should Kilby Brothers, Inc., not complete the project by the agreed to
th
completion date of July 25, 2003, then the liquidated damages set forth in the Agreement in the
amount of two-hundred dollars ($200) per day after that date will be due and owing to the Town
by Kilby Brothers, Inc., and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Wastewater Director, Deputy Wastewater Director and/or Town Counsel to take any and all action
necessary to effectuate the terms of this Resolution.
th
Duly adopted this 7 day of July, 2003, by the following vote:
AYES : Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower
NOES : None
ABSENT: None