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HomeMy WebLinkAboutTB 2022-106 PIO King Road East Water Main Extension Cost IncreaseMEETING OF THE ITHACA TOWN BOARD 215 N. Tioga Street, Ithaca, NY, Tompkins County June27, 20202 at 4:30 p.m. prevailing time TB Resolution 2022 - 106: Order Increasing the Maximum Amount to be Expended for the Town of IthacaKing Road East Water Main Extension Water Improvement Project from $1,050,000 to $1,112,100 Present: Rod Howe, Rich DePaolo, Bill Goodman, Margaret Johnson, and Rob Rosen Moved: Rich DePaoloSeconded: Margaret Johnson Whereas, on February 8, 2021, the Ithaca Town Board held a public hearing and subsequently adopted a Public Interest Order authorizing the Town of Ithaca King Road East Water Main Extension Water Improvement (the “Improvement”) and the establishment of the Town of Ithaca King Road East Water Main Extension Water Improvement Area (“Water Improvement Area”), through TB Resolution 2021-019; and Whereas, the notice of public hearing stated that the initially determined maximum estimated cost to said Water Improvement Area was $1,050,000 and the adopted Public Interest Order stated that the maximum amount proposed to be expended by the Town of Ithaca for the Improvement is $1,050,000; and Whereas, due to unforeseen road conditions, additional asphalt restoration will be needed in various areas within the project, and the cost of asphalt has increased due to the rise in oil prices; and Whereas, no other changes are proposed to any aspect of the Improvement or Water Improvement Area; and Whereas, TB Resolution 2021-102 authorized the Director of Engineering to approve change orders to the contract, without further authorization of this Board, provided that the maximum amount of such change orders does not exceed $39,000.00 (approximately 3.86% of the awarded bid of $1,011,000.00)in aggregate and the total project cost, including the contract, engineering, legal and other expenses, does not exceed the maximum authorized cost of the project of $1,050,000.00; and Whereas, the Director of Engineering has approved change orders totaling $38,500.00 for asphalt restoration, which does not leave an amount that will be adequate if additional unforeseen issues are encountered; and Whereas, the Director of Engineeringis requesting additional funds to increase the project construction contingency to an amount equal to 10% of the contract price, such amount would be $101,100.00, an increase of $62,100.00 (approximately 6.14% of the awarded bid of $1,011,000.00) such funds will be utilized for the asphalt remediation and if additional unforeseen construction issues arise; andWhereas, the said Town Board did, onJune 13, 2022, duly adopt an Order describing the increase in the maximum amount to be expended by the Town of Ithaca for the Improvement, and specifying that said Town Board shall meet at the Town Hall, 215 North Tioga Street, in Ithaca, New York, in said Town, on the 27th day ofJune, 2022 at 4:30 PM Prevailing Time, for the purposes of conducting a public hearing on such proposal toincrease the maximum amount to be expended, and to hear all persons interested in the subject thereof concerning the same; andWhereas, copies of said Order were duly published and posted according to law, and said Town Board did, at the time and place specified in said Order, duly meet and consider such proposal and held a public hearing in which it heard all persons interested in the subject thereof, who appeared at such time and place, concerning the same; andWhereas, the Town Board now desires to authorize the increase in the maximum amount to be expended on the Improvement based on the evidence offered at such time and place; now, therefore, be it Resolved, by the Town Board that it be and hereby is determined as follows:(1) The notice of hearing was published and posted as required by law and is otherwise sufficient.(2) It is in the public interest to authorize the increase in the maximum proposed to be expended on the Improvement as hereinafter described; and be itFurther Resolved, that the Town Board does hereby authorize the increase in the maximum proposed to be expended by the Town of Ithaca for the Improvement, including costs of rights of way, construction costs, legal fees and other expenses, from $1,050,000 to $1,112,100; and be itFurther Resolved, that this Order is subject to a permissive referendum in the manner provided in Town Law Article 7 and Town Law Section 209-q; and be it Further Resolved, it is hereby determined that the estimated expense of the aforesaid Improvement does not exceed one-tenth of one per cent of the full valuation of the taxable real property in the area of said Town outside of villages and, therefore, in accordance with the provisions of subdivision 13(a) of Section 209-q of the Town Law, the permission of the State Comptroller is not required for such Improvement;and be itFurther Resolved, that pursuant to subdivision 6(d) of Section 209-q of the Town Law, the Town Clerk is hereby directed and ordered to cause a certified copy of this Order to be duly recorded in the Office of the Clerk of the County of Tompkins within ten days of the date this Order becomes effective pursuant to Town Law Section 91, which when so recorded, shall be presumptive evidence of the regularity of the proceedings and action taken by the Town Board in relation to the aforesaid Improvement, and be itFurther Resolved, the Director of Engineering is authorized to approve change orders to the contract, without further authorization of this Board, provided that the maximum amount of such change orders does not exceed $101,100 (an increase of $62,100 from the prior authorization of $39,000.00) in aggregate and the total project cost, including the contract, engineering, legal and other expenses, does not exceed the maximum authorized cost of the project of $1,112,100.00. The question of the adoption of the foregoing Order was duly put to a vote on roll call, which resulted as follows:Rod Howe, aye; Rich DePaolo, aye; Rob Rosen, aye; Margaret Johnson, aye; Bill Goodman, aye. The Order was thereupon declared duly adopted.