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4.07 4.7 BIDS\AWARD Bid—Gurney Lane Park Recreation Improvements—6-13-2022 RESOLUTION ACCEPTING AND AUTHORIZING AWARD OF BID FOR GURNEY LANE RECREATION AREA IMPROVEMENT PROJECT RESOLUTION NO. , 2022 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, by Resolution No.: 124,2006 the Queensbury Town Board authorized establishment of Capital Project Fund 4157 to fund expenses associated with improvements at the Gurney Lane Recreation Area, and WHEREAS, by Resolution No.: 124,2022, the Town Board authorized expenditures for specific Town Parks and Recreation Department capital improvements and certain maintenance projects including $355,000 toward specific capital improvements and certain items of equipment at the Gurney Lane Recreation Area (Project) and authorized and directed the Town's Purchasing Agent to publish any needed advertisement(s)for bids deemed applicable or required, 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 an advertisement for bids for the Project and on May 26th, 2022 duly opened all received bids, and WHEREAS, the Purchasing Agent and Parks and Recreation Director have recommended that the Town Board authorize the bid award to the lowest responsible bidder, Grasshopper Gardens, Inc., for a bid amount not to exceed $32,485, and WHEREAS, the Parks and Recreation Director has advised the Town Board that there are times when Change Orders may become necessary for the Project and therefore has requested that the Town Board authorize him to approve certain Change Orders up to a ten-percent (10%) contingency or total amount not exceeding $3,249, for Change Orders that he deems necessary or appropriate, and WHEREAS,the Town Board wishes to authorize the bid award, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts and awards the bid for the Gurney Lane Recreation Area Improvement Project (Project) from the lowest responsible bidder, Grasshopper Gardens, Inc., for an amount not to exceed $32,485, 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 Grasshopper Gardens, Inc., 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 Parks and Recreation Director to approve and execute Change Orders pertaining to the Project up to a ten-percent (10%) contingency or total amount not exceeding $3,249 that he deems necessary or appropriate, and BE IT FURTHER, 2 RESOLVED, that the Town Board further authorizes and directs that payments for this Project up to $35,734 shall be paid from Gurney Lane Capital Construction Account No.: : 157-7110- 2899, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Purchasing Agent, Parks and Recreation Director and/or Town Budget Officer to take any and all action necessary to effectuate the terms of this Resolution. Duly adopted this 13th day of June, 2022, by the following vote: AYES NOES ABSENT: 3 BID OPENING RESULTS FOR: Gurney Lane Recreation Area Improvements May 26, 2022 Bid Opening 2:00 PM Purchasing Agent: Joanne Watkins Witnessed by: Steve Lovering COMPANY NAME& BID AMOUNTS IRAN(DIVESTMENT NON- ADDRESS COLLUSIVE BID CERT JOHN MALOY INC $96,000 YES YES LOUDONVILLE,NY ROZ'ELL INDUSTRIES $44,875 YES YES QUEENSBURY,NY CLEVELAND BROTHERS $58,410 YES YES LANDSCAPING INC CORINTH,NY GRASSHOPPER GARDENS $32,485 YES YES GANSEVOORT,NY BID PROPOSAL To: TOWN OF QUEENSBURY: 1. The undersigned hereby declares that he/she is the only person interested in this Bid; that it is made without any connection with any person making another Bid for the same contract;that the Bid is in all respects fair and without collusion or fraud; and that no official of the Town,or any person in the employ of the state,is directly or indirectly interested in the Bid or in the supplies or work to which it relates,or in any portion of the profits thereof. 2. The undersigned also declares that he/she has carefully examined the annexed form of Bid documents and specifications and will provide the following item at the prices indicated, immediately upon request,to be fully paid within30 days of receipt by the Town. -n e) 4 e - 3. Base Bid:$ J 4. CONTRACT-AGREEMENT: By execution of this Bid Proposal,Bidder agrees to execute a fiirther agreement if requested by the Town of Queensbury and agrees,in any event,that all understandings,conditions,provisions and specifications referred to in and a part of this Bid Proposal, the Notice to Bidders, the Instructions to Bidders, the Specifications and the Affidavit of No Collusion,shall constitute the terms and conditions of an agreement and actually be an agreement,if no other agreement is entered into,between the Bidder and the Town of Queensbury. x X. DATE *SIGNATURE OF AUTHORIZED COMPANY OFFICIAL-PRINT NAME NEXT TO SIGNATURE COAPANYNAMU x 5/ 7eU _ 2 COMPANY PHONE NUMBER X 3 L (36,�Ae AJ i-z g COMPANY ADDRESS 13 AFFIDAVIT OF NON-COLLUSION LLhA) 'ID6 6 5 t ec ,being duly sworn,do depose and state: 1. That in connection with this procurement, (A) The prices in this bid have been arrived at independently, without consultation, communication,or agreement,for the purpose of restricting competition,as to any matter relating to such prices with any other bidder or with any competitor;and (B) The prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening directly or indirectly to any other bidder or to any competitor;and (C) No attempt has been made or will be made by the bidder to induce any other person or firth to submit or not to submit a bid for the purpose of restricting competition. 2. The undersigned further states: (A) Affiant is the person in the bidder's organization responsible within that organization for the decision as to the prices being bid herein and that Affiant has not participated, and will not participate,in any action contrary to(1)(A)through(1)(C)above;or (B) (1) Affiant is not the person in the bidder's organization responsible within that organization for the decision as to the prices being bid herein but that Affiant has been authorized in writing to act as agent,for the persons responsible for such decision in certifying that such persons have not participated,and will not participate,in any action contrary to(1)(A)through(1)(C)above, and as their agent does hereby so certify;and 10 (2) Affiant has not participated and will not participate,in any action contrary to (1)(A)through(1)(C)above. 3. It is expressly understood that the foregoing statements, representations, and promises are made as a condition to the right of the bidder to receive payment under any award made hereunder. Signed Subscribed and sworn to before me this Jsdayof 20 Ndtary Public Amy Quinn NOTARY PUSUC.STATE OF NEW YORK Registration No.01OU6388255 Oualified in Saratoga County Commission Expires March 4.2023 CERTIFICATION OF COMPLIANCE WITH THE IRA.N DIVESTMENT ACT As a result of the Iran Divestment Act of 2012(the"Act"),Chapter 1 of the 2012 Laws of New York,a new provision has been added to State Finance Law(SFL)§ 165-a and New York General Municipal Law§ 103-g,both effective April 12,2012.Under the Act,the Commissioner of the Office of General Services(OGS)will be developing a list of"persons"who are engaged in"investment activities in Iran" (both are defined terms in the law)(the"Prohibited Entities List").Pursuant to SFL§ 165-a(3)(b),the initial list is expected to be issued no later than 120 days after the Act's effective date at which time it will be posted on the OGS website. By submitting a bid in response to this solicitation or by assuming the responsibility of a Contract awarded hereunder,each Bidder/Contractor,any person signing on behalf of any Bidder/Contractor and any assignee or subcontractor and,in the case of a joint bid,each party thereto,certifies,under penalty of perjury,that once the Prohibited Entities List is posted on the OGS website,that to the best of its knowledge and belief,that each Bidder/Contractor and any subcontractor or assignee is not identified on the Prohibited Entities List created pursuant to SFL§ 165-a(3)(b) Additionally,Bidder/Contractor is advised that once the Prohibited Entities List is posted on the OGS Website,any Bidder/Contractor seeking to renew or extend a Contract or assume the responsibility of a Contract awarded in response to this solicitation must certify at the time the Contract is renewed, extended or assigned that it is not included on the Prohibited Entities List. . During the term of the Contract,should the Town receive information that a Bidder/Contractor is in violation of the above-referenced certification,the Town will offer the person or entity an opportunity to respond.If the person or entity fails to demonstrate that he/she/it has ceased engagement in the investment which is in violation of the Act within 90 days after the determination of such violation,then the Town shall take such action as may be appropriate including, but not limited to,imposing sanctions, seeking compliance,recovering damages or declaring the Bidder/Contractor in default. The Town reserves the right to reject any bid or request for assignment for a Bidder/Contractor that appears on the Prohibited Entities List prior to the award of a contract and to pursue a responsibility review with respect to any Bidder/Contractor that is awarded a contract and subsequently appears on the Prohibited Entities List. I,_ /,9 g,, e 6 51-,-o ,being duly sworn,deposes and says that he/she is the J�u.4--; {— of the bo a Ss Wo-qaq664,,w Corporation. By submission of this bid,each bidder and each person signing on behalf any bidder c6rtifies,and in the case of a joint bid each party thereto certifies as to its own organization,under penalty of perjury,that to the best of its knowledge and belief that each bidder is not on the list create suant to paragraph(b) of subdivision 3 of§165-a of the State Finance Law. SIGNED SWORN to before me this day of �!GIiL� 20 Notary Public: f Amy Quinn 12 NOTARY PUBLIC.STATE OF NEW YORK Registr®B QU on No.OI &3BU55 ouanfled in Saratoga County Commission Expires Much 4,201.3 RESOLUTION AUTHORIZING CAPITAL PARK IMPROVEMENT PROJECTS, INCREASES IN PARK IMPROVEMENT PROJECTS AND "WITHDRAWALS FROM CAPITAL RESERVES #61 AND #64 RESOLUTION NO.: 124,2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier 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 Memorandum to the Town Board dated March 14, 2022, the Queensbury Recreation Commission requested funding approval for proposed specific capital improvements and certain maintenance projects at several of the Town Parks (Projects), and WHEREAS, the Town Board wishes to authorize such Projects and the withdrawal and expenditure of moneys from Reserve Nos. 61 and 64 in the total estimated amount of$478,000 as follows: Park Location Capital Project Cost Est. Funding Source Pro*ect No. Capital Reserve No. Gurney Lane Rec Area 157 $355,000 64 Jenkinsville Park 138 $30,000 61 Hudson Pointe Preserve 145 $18,000 61 Rush Pond Trail 166 $45,000 61 Hudson River Park 107 $12,000 61 Glen Lake Launch 140 $18,000 61 TOTAL PROJECT $478,000 ESTIMATES 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 finds that the withdrawal and expenditure for the specific capital improvements and certain maintenance projects (Projects) as delineated in the preambles of this Resolution are expenditures for specific capital projects and certain maintenance projects for which the Reserve Accounts were established and therefore authorizes and expenditures in the total estimated amount of$478,000 ($123,000 from Reserve #61 and $355,000 from Reserve#64), as follows: Park Location Capital Proiect Cost Est. Funding Source Project No. Capital Reserve No. Gurney Lane Rec Area 157 $355,000 64 Jenkinsville Park 138 $30,000 61 Hudson Pointe Preserve 145 $18,000 61 Rush Pond Trail 166 $45,000 61 Hudson River Park 107 $12,000 61 Glen Lake Launch 140 $18,000 61 TOTAL PROJECT $478,000 ESTIMATES as set forth in the Queensbuiy Recreation Commission's March 14, 2022 Memorandum presented at this meeting, and BE IT FURTHER, RESOLVED,that the Town Board hereby authorizes: 2 1. a transfer from Reserve No.: 61 in the amount of$123,000; and 2. a transfer from Reserve No.: 64 in the amount of$355,000; to fund such Projects, such respective fund amounts to be placed into the respective Park Improvement Project Funds,reopening them as may be necessary,and the Town Board further directs that in the event there are funds remaining in such Funds after completion of the Project(s) or in the event that the Project(s) are 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 BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Purchasing Agent to publish any needed advertisement(s) for bids for capital improvements and/or items of equipment related to the Projects funded by this Resolution as deemed applicable or required based upon the Town's Purchasing Policy or the General Municipal Law,and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor,Parks & Recreation Director and/or Town Budget Officer to take all actions necessary to effectuate the terms of this Resolution,and BE IT FURTHER, 3 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 2l'day of March,2022 by the following vote: AYES Mr. McNulty,Mr. Strough, Mr. Metivier,Mr. Freer,Mr. Ferone NOES None ABSENT : None 4