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2016-143 2016-143 Resolution Accepting Maintenance Surety Bonds For Route 9 Water Main Loop Under Contract No. 13-010 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-2016-143 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Amended Lori A.Jiava Voter Q ❑ ❑ ❑ ❑ Defeated William H.Beale Voter Q ❑ ❑ ❑ ❑ Tabled William Ciccarelli Mover Q ❑ ❑ ❑ ❑ Withdrawn John J.Fenton Seconder Q ❑ ❑ ❑ Michael Kuzmicz Voter Q ❑ ❑ ❑ The following Resolution was introduced by Councilman Ciccarelli and seconded by Councilman Fenton. 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 under the Route 9 Loop under Contract No. 13-010 ("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. 015049587) posted by Posillico Civil Inc. as Principal with Liberty Mutual Insurance Company as Surety in the amount of Nine Hundred Fourteen Thousand Five Hundred Dollars ($914,500.00), 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. 015049588) posted by Posillico Civil Inc. as Principal with Liberty Mutual Insurance Company as Surety in the amount of One Hundred Eighteen Thousand Five Hundred Dollars ($118,500.00), 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: William Ciccarelli, Councilman SECONDER: John J. Fenton, 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