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2008-3152008-315 Resolution Authorizing Reduction in the Security Posted for the Woods Edge Subdivision 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 October 27, 2008. The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor - Christopher J. Colsey Councilmembers ABSENT: William H. Beale Vincent F. Bettina Maureen McCarthy Joseph P. Paolom The following Resolution was introduced by Councilman Bettina and seconded by Councilwoman McCarthy. WHEREAS, by Resolution 2006-232, the Town Board accepted a Performance Agreement executed by JBR Construction Corp. and personally guaranteed by Jeff Hunt, a principal of JBR Construction Corp., secured by an Irrevocable Letter of Credit issued by M&T Bank bearing number SB - 909685 -2000 in the principal sum of One Hundred Sixty -Five Thousand Dollars ($165,000.00) in favor of the Town of Wappinger as the guarantee of completion of the construction, installation and dedication of improvements required for the Woods Edge Subdivision; and WHEREAS, JBR Construction Corp. has completed most of the required improvements for said subdivision; and WHEREAS, by e-mail dated October 22, 2008, a copy of which is affixed hereto, Robert J. Gray, P.E., has recommended a reduction in the security posted to the sum of Fifty -One Thousand, Three Hundred Sixty -Five Dollars ($51,365.00); and WHEREAS, Paggi, Martin & Del Bene, LLP, the prior Engineers to the Town had determined that the original construction costs for the public improvements required for the Woods Edge Subdivision would be in the sum of Three Hundred Six Thousand Dollars ($306,000.00), however, the developer undertook the construction of some of the improvements prior to the filing of the subdivision plat which reduced the required security to the sum of One Hundred Sixty -Five Thousand Dollars ($165,000.00); and WHEREAS, Paggi, Martin & Del Bene, LLP determined that the eventual maintenance bond would be the sum of Sixty -One Thousand, Two Hundred Dollars ($61,200.00) (20% of the original construction total); and WHEREAS, the Town Board hereby agrees to and authorizes a reduction in the security posted with the Performance Agreement, and hereby agrees to accept a Letter of Credit in the sum of Sixty -One Thousand, Two Hundred Dollars ($61,200.00) as security to guarantee the completion of the remaining work. 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 agrees to accept a Letter of Credit in the amount of Sixty -One Thousand, Two Hundred Dollars ($61,200.00), as the security posted with the Performance Agreement so as to insure that the improvements required for the Woods Edge Subdivision will be properly completed and maintained as required by the Planning Board Resolution of Approval dated July 18, 2005. The Letter of Credit previously posted in the sum of One Hundred Sixty -Five Thousand Dollars ($165,000.00) is hereby authorized to be released by the Town Clerk to JBR Construction Corp. upon delivery of a Letter of Credit in the sum of Sixty -One Thousand, Two Hundred Dollars ($61,200.00) in form acceptable to the Attorney to the Town. The foregoing was put to a vote which resulted as follows: CHRISTOPHER COLSEY, SUPERVISOR Voting: AYE WILLIAM H. BEALE, COUNCILMAN Voting: AYE VINCENT F. BETTINA, COUNCILMAN Voting: AYE MAUREEN McCARTHY, COUNCILWOMAN Voting: AYE JOSEPH P. PAOLONI, COUNCILMAN Voting: AYE Dated: Wappingers Falls, New York 10/27/2008 The Resolution is hereby duly declared adopted. a (I kv�� J N C. NfAYTERSON, TOWN CLERK MORRIS ASSOCIATES ENGINEERING CONSULTANTS, PLLC 119 Elks Lane, Poughkeepsie, New York 12601 Tel: (845) 454.3411 Fox: (845) 473-1962 ❑ 187 Church Street, Poughkeepsie, New York 12601 Tel: (845) 471-7900 Fax: (845) 471-7901 ❑ 389 Fairview Avenue, Hudson, New York 12534 Tel: (518) 828-2300 Fax: (518) 828-3963 E -Mall: mordsassoclates@ool.com October 22, 2008 Christopher Colsey, Supervisor And Town Board Members Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Re: Wood's Edge Subdivision Revised Bond Calculation MA #W20827 Dear Supervisor Colsey and Board Members: Enclosed please find a copy of the revised bond calculation for the above referenced subdivision. This office conducted a site visit and determined that there are only a few remaining items to be addressed. These include final application of the top course of asphalt, berm curb and roadside backfill. Based on the site inspection we have prepared the attached revised bond calculation which reduces the original bond amount of $306,000.00 to $51,365.00. This item needs to be placed on the October 27, 2008 Town Board agenda for acceptance. If you have any questions, please do not hesitate to contact me. Very truly yours, MORRIS ASSOCIATES Robert J. Gray, P.E. Engineer to the Town of Wappinger RJG:met c.c. George Kolb, Director of Code Enforcement Via e-mail Christopher Masterson, Town Clerk Via e-mail Albert P. Roberts, Esq., Town Attorney By Fax Graham Foster, Highway Superintendent Via e-mail Tatiana Lukianoff, Zoning Administrator Via e-mail E:ldocumentslT Wappingerla-W20081W20827 Woods Edge SubdivisionlLtr to Colsey Bond reduction 10-22-08.doc BOND CALCULATION WOODS EDGE SUBDIVISION CE`DT9=NArt=P 7A')nnQ ITEM QUANTITY UNIT PRICE ADJUSTED TOTAL COST COMPLETED REMAINING UNIT PRICE TO DATE COST CLEARING & GRUBBING Paulette Lane 0.60 Acres $6000/Ac* $9,448/Ac $5,670 100% $0.00 Flood Plain Basin 1.50 Acres $6000/Ac* $9,448/Ac $14,170 100% $0.00 SUBTOTAL $0.00 ROUGH GRADING Paulette Lane: Cuts 370 CY $5.00/CY* $7.87/CY $2,910 100% $0.00 Paulette Lane: Fill 75 CY $5.00/CY* $7.87/CY $2,910 100% $0.00 SUBTOTAL $0.00 EROSION CONTROL Silt Fence 3,700 LF $5.00/1-F $5.00/1-17 $18,500 100% $0.00 Hay Bales 200 LF $8.00/LF $8.00/1-F $1,600 100% $0.00 Stabilized Construction Entry 1 Each $1500/EA $1500/EA $1,500 100% $0.00 Stone Check Dam 3 Each $250/EA $250/EA $750 100% $0.00 SUBTOTAL $0.00 STORM SEWER 15" Dia. HDPE 10 LF $20.00/LF* $31.50/LF $315 100% $0.00 18" Dia. HDPE 210 LF $24.00/LF* $37.80/1-F $7,940 100% $0.00 3 Drywells 4 Each $2000/EA $2000/EA $8,000 100% $0.00 Catch Basins 2 Each $800/EA $1260/EA $2,520 100% $0.00 15" Dia. End Section 1 Each $250/EA $250/EA $250 100% $0.00 18" Dia. End Section 1 Each $500/Ea $500/EA $500.00 100% $0.00 Flood Plain Basins 1 Each $25,000/EA $25,000/EA $25,000 100% $0.00 Grading SUBTOTAL $0.00 PAVEMENT Paulette Lane Extension - Run -of -Bank Foundation 580 CY $22.00/CY* $34.64/CY $20,090 100% $0.00 Course (12") Asphalt Binder course (3") 265 Tons $65.00/Ton $65.001Ton $17,225 100% $0.00 Asphalt Top Course (2") 175 Tons $65.00/Ton $125.00/Ton $21,875 0% $21,875.00 Asphalt Berm 940 LF $5.00/LF* $12.00/1-F $11,280 0% $11,280.00 Roadside Backfill 435 Cy $5.00/CY* $8.00/CY 3,480 0% $3,480.00 Existing Paulette Lane.- Sawcut & Removal 1 LS $5,000/1-S $5,000/1-S $5,000 0% $5,000.00 Asphalt Berm 320 LF $5.00/1-17 $12.00/1-F $3,890 0% $3,480 Asphalt Top Course (2") 50 Tons $65.00/Ton 125.00/Ton $6,250 0% $6,250.00 SUBTOTAL M$51,365.00 EAdocumentMT WappingeAe-W20081W20827 Woods Edge SubdivisionTond Calculation 9-24-08 BOND CALCULATION WOODS EDGE SUBDIVISION SEPTEMBER 24,2008 ITEM QUANTITY UNIT PRICE ADJUSTED UNIT PRICE TOTAL COST COMPLETED TO DATE REMAINING COST LANDSCAPING Topsoil, Seed & Mulch 1.85 Acres $8,000/AC* $12,597/AC $23,310 100% $0.00 Street Trees 16 Each $150/EA* $235/EA $3,760 100% $0.00 Pond Planting 1 LS $25,000/1-S $25,0001S $25,000 100% $0.00 Flood Plain Basin Planting 1 LS $25,000/1-S $25,000/LS $25,000 100% $0.00 Split Rail Fence 1080 LF $15/LF $15/LF $16,200 100% $0.00 SUBTOTAL $0.00 CONCRETE MONUMENTS 4 Each $200/EA $315/EA $1,260 100% $0.00 CONSTRUCTION SUBTOTAL $276,155.00 CONSTRUCTION TOTAL INCLUDING 20% ADMINISTRATION FEES $331,386 84% $51,365.00 INSPECTION ESCROW (3% OF ORIGINAL CONSTRUCTION SUBTOTAL) $7,650.00 MAINTENANCE BOND (20% OF Construction Cost Total $66,277.20 " These figures utilize unit price costs from the Town of Wappinger Highway Specification. Said unit prices are subject to adjustment using the Engineer's New Record (ENR) Construction Cost Index. They have been adjusted from an ENR Index of 4885 (April 1992) to an ENR Index of 7692 (March 2006). All other unit prices were obtained by averaging recent bid prices for projects in the Town of Wappinger. EAdocumentslT Wappinger%a-W20081W20827 Woods Edge SubdivisionlBond Calculation 9-24-08