2016-142 2016-142
Resolution Accepting Maintenance Surety Bonds For Chelsea Hamlet Water Extension For
Contract No. 13-006
At a Regular Meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on April 25,
2016.
The meeting was called to order by Lori A. Jiava, Town Supervisor, and upon roll being
called, the following was recorded:
✓Vote Record-Resolution RES-2016-142
Q Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑
❑ Defeated William H.Beale Voter Q ❑ ❑ ❑
❑ Tabled William Ciccarelli Seconder Q ❑ ❑ ❑
❑ Withdrawn John J.Fenton Voter Q ❑ ❑ ❑
Michael Kuzmicz Mover Q ❑ ❑ ❑
The following Resolution was introduced by Councilman Kuzmicz and seconded by
Councilman Ciccarelli.
WHEREAS, the United Wappinger Water District entered into a certain contract with
Bibeau Construction Co., Inc. ("Contractor") for the installation of water mains and
appurtenances in the area of Chelsea Hamlet under Contract No. 13-006 ("Contract"); and
WHEREAS, the Contract requires the Contractor to provide a maintenance bond for a
period of one year from the date of Substantial Completion as a warranty to insure that work
under the Contract has been satisfactorily completed; and
WHEREAS, certain paving work completed under the Contract did not comply with all
of the specifications so the parties agreed that the warranty period for the paving work would be
extended to cover two winter seasons; and
WHEREAS, the Substantial Completion under the Contract was achieved on September
30, 2015; and
WHEREAS, Posillico Civil, Inc. purchased the assets of the Bibeau Corporation and
agreed to post the undertakings required by the Contract; and
WHEREAS, the Town Engineer, the Town Highway Superintendent and the Town
Attorney have reviewed the amounts set forth in the maintenance bonds and advise that they
meet the requirements of the Contract as amended.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board hereby determines that it is in the best interest of the residents of
the Town of Wappinger to accept the improvements made and constructed under the Contract
and hereby accepts the same.
3. The Town Board hereby agrees to accept a Maintenance Bond(Bond No. 015049585)
posted by Posillico Civil Inc. as Principal with Liberty Mutual Insurance Company as Surety in the
amount of Two Million Three Hundred Thirty Four Thousand Dollars ($2,334,000.00), as the security
posted to insure that all defects and damages in the work under the Contract are remedied for a period of
one year expiring upon September 30, 2016.
4. The Town Board hereby agrees to accept a Maintenance Bond(Bond No. 015049586)
posted by Posillico Civil Inc. as Principal with Liberty Mutual Insurance Company as Surety in the
amount of Two Hundred Fifty-Seven Thousand Five Hundred Dollars ($257,500.00), as the security
posted to insure that all defects and damages in the Paving Work under the Contract are remedied for a
period expiring upon April 30, 2017.
The Town Clerk is hereby directed to file the original surety bonds in his records.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Kuzmicz, Councilman
SECONDER: William Ciccarelli, Councilman
AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz
Dated: Wappingers Falls, New York
4/25/2016
The Resolution is hereby duly declared Adopted.
JOSS P P. PAOLONI, TOWN CLERK