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2.01 2.1 BIDS\Advertise Bids—Carey Road Wastewater Facilities—5-7-18 RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS FOR CONSTRUCTION OF WASTEWATER FACILITIES FOR CAREY ROAD SANITARY SEWER DISTRICT RESOLUTION NO.: , 2018 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, by Resolution No.: 345,2017, the Queensbury Town Board adopted its Final Order regarding establishment of the Town of Queensbury Carey Road Sanitary Sewer District (District), and WHEREAS, by Resolution No.: 361,2017, the Town Board authorized engagement of C.T. Male Associates for professional Design and Construction Administration Engineering Services related to the District, and WHEREAS, C.T. Male Associates and the Town's Wastewater Director will be preparing bid documents and specifications for construction of wastewater facilities for this District, 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, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Purchasing Agent and/or C.T. Male Associates to post and publish an advertisement for bids regarding construction of wastewater facilities for the Carey Road Sanitary Sewer District and receive all bids, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town's Purchasing Agent to open all received bids, read them aloud and record the bids as is customarily done and present the bids to the Town Board, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Wastewater Director, Purchasing Agent and/or Town Budget Officer to take any and all actions necessary to effectuate all terms of this Resolution. Duly adopted this 7t'' day of May, 2018, by the following vote: AYES NOES ABSENT : 2 FINAL ORDER ESTABLISHING PROPOSED CAREY ROAD SANITARY SEWER DISTRICT RESOLUTION NO.: 345,2017 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury wishes to create a Sanitary Sewer District to serve the Carey Industrial Park and adjacent properties along Corinth Road, Carey Road, Silver Circle, Big Bay Road and Big Boom Road in accordance with New York Town Law Article 12-A, and WHEREAS, a Map, Plan and Report (Map, Plan and Report) was prepared by The Chazen Companies (Chazen), concerning the proposed sewer district, and WHEREAS, the Map, Plan and Report was filed in the Queensbury Town Clerk's Office and is available for public inspection, and WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed Sewer District, a general plan of the proposed system, a report of the proposed method of operation, all outlets and the terminus and course of each proposed main sewer or drain together with the location and a general description of all sewage disposal plants, pumping stations and other public works, if any, and is consistent with, so far as possible, any comprehensive plan for sewers developed and maintained pursuant to General Municipal Law §99-f, and WHEREAS, the estimated annual cost to the "typical property" was filed with the Town Clerk and made a part of the Map,Plan and Report, and WHEREAS, on August 15, 2016, subsequent to the filing of the Map, Plan and Report with the Town Clerk, the Town Board adopted an Order (the "Public Hearing Order") reciting (a) the • boundaries of the proposed Sewer District; (b) the proposed improvements; (c) the maximum amount proposed to be expended for the improvements; (d) the estimated cost of hook-up fees (if any) and the cost of the Sewer District to the typical property and the typical one or two family home (if not the typical property); (e) the proposed method of financing to be employed; (f)the fact that a Map, Plan and Report describing the improvements is on file in the Town Clerk's Office; and (g)the time and place of a public hearing on the proposed Sewer District, and WHEREAS, copies of the Public Hearing Order were duly published and posted and were filed with the Office of the State Comptroller, all as required by law,and WHEREAS,prior to publication of the Public Hearing Order, a detailed explanation of how the estimated cost of hook-up fees (if any) and the cost of the Sewer District to the typical property and typical one or two family home (if not the typical property) were computed was filed with the Town Clerk for public inspection as part of the Map, Plan and Report, and WHEREAS, a public hearing on the proposed Sewer District was duly held on September 12, 2016 and the Town Board has considered the evidence given together with other information, and WHEREAS, on September 12, 2016, the Town Board adopted a Resolution determining that there will be no adverse environmental impacts from the formation of the District and construction of the improvements, and authorized the filing of a Negative Declaration for the project under the State Environmental Quality Review Act("SEQRA"), and WHEREAS, on September 12, 2016 the Town Board adopted a Resolution determining that (a) the Order scheduling the Public Hearing was published and posted as required by law and was otherwise sufficient, (b) all of the property and property owners within the proposed Sewer District would be benefited thereby, (c) all of the property and property owners benefited are included within the boundaries of the proposed Sewer District and (d) it is in the public interest to establish, authorize, and approve the Sewer District as described in the Map, Plan and Report on 2 file with the Queensbury Town Clerk with the boundaries and benefited properties of the Sewer District to be as described in the Map, Plan and Report, subject to permissive referendum in the manner provided in Town Law Article 7 and subject to certain conditions specified in the Resolution including approval by the New York State Comptroller, and WHEREAS, the Town Clerk duly posted and published the notice required for resolutions subject to permissive referendum and no petition for referendum was filed within 30 days after the date of the Resolution, and the Town Clerk has caused a certificate to that effect to be filed in the office of the County Clerk and the State Department of Audit and Control,and WHEREAS, the permission of the State Comptroller to create the Sewer District in accordance with Town Law §209-f was granted on November 10th, 2017, and WHEREAS, the Town Board wishes to establish the proposed Sewer District as detailed in the Map,Plan and Report in accordance with Town Law Article 12-A, NOW, THEREFORE, IT IS HEREBY ORDERED, that the Town of Queensbury Carey Road Sanitary Sewer District be established as described in the Map, Plan and Report and the improvements described be constructed and the service within the Sewer District be provided upon the required funds being made available or provided for, and it is FURTHER ORDERED, that the Town Clerk is hereby authorized and directed to cause a certified copy of this Order to be duly recorded in the office of the Clerk of Warren County and to be filed in the office of the State Department of Audit and Control in the time and manner required by law, and it is 3 FURTHER ORDERED, that the Town Board authorizes and directs the Town Supervisor, Town Clerk and Town Counsel to take all other actions necessary to effectuate the intent of this Resolution. Duly adopted this 20th day of November,2017,by the following vote: AYES : Mr. Strough, Mr. Metivier,Mr. Clements, Mr. Ferone, Mr. Brewer NOES : None ABSENT: None 4 RESOLUTION AUTHORIZING ENGAGEMENT OF C.T. MALE ASSOCIATES FOR PROFESSIONAL DESIGN AND CONSTRUCTION ADMINISTRATION ENGINEERING SERVICES RELATED TO CAREY ROAD SANITARY SEWER DISTRICT AND ESTABLISHING CAPITAL PROJECT FUND #221 RESOLUTION NO.: 361,2017 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS SECONDED BY: Mr. George Ferone WHEREAS, the Town of Queensbury's Wastewater Director requested proposals for professional Design and Construction Administration Engineering Services (Services) related to establishment of the Carey Road Sanitary Sewer District(Project), and WHEREAS, the Wastewater Director and Purchasing Agent have received and reviewed three (3) proposals, with the lowest submitted proposal submitted by C.T. Male Associates, and therefore the Wastewater Director and Purchasing Agent have recommended that the Town Board authorize engagement of C.T. Male Associates for such Services in the amount of $111,200 as delineated in C.T. Male Associates' November 28, 2017 proposal presented at this meeting, and WHEREAS, the Town Board accordingly wishes to establish a Capital Project Fund related to the Project, and WHEREAS, the Water Superintendent has advised the Town Board that there are times when Change Orders may become necessary related to such Services and has requested that the Town Board also authorize him to approve and sign certain Change Orders up to a 10% contingency for Change Orders that he deems necessary or appropriate, and WHEREAS, the Town Board wishes to authorize a withdrawal and expenditure in the total estimated amount of$122,320 from Capital Reserve No. 64 toward this Project, and WHEREAS, in accordance with New York State General Municipal Law §6(c), the Town Board is authorized to withdraw and expend funds from Reserve #64 subject to permissive referendum, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of C.T. Male Associates for professional Design and Construction Administration Engineering Services (Services) related to the Carey Road Sanitary Sewer District for the amount of$111,200 as delineated in C.T. Male Associates' November 28, 2017 proposal as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs establishment of the "Carey Road Sanitary Sewer District Capital Project Fund #221," which Fund will establish funding for expenses associated with the Project to be funded from the Town's Capital Reserve #64, and BE IT FURTHER, RESOLVED, that the Town Board hereby finds that the withdrawal and expenditure for such Project are expenditures for a specific capital project for which the Reserve Account was established, and BE IT FURTHER, 2 RESOLVED, that the Town Board hereby authorizes the Town Wastewater Director to approve and sign Change Orders pertaining to such Services up to a 10% contingency or in the total amount not exceeding $11,120 that he deems necessary or appropriate, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the Town Budget Officer to take all actions necessary to amend the Town Budget, make any adjustments, budget amendments, transfers and prepare any documentation to effectuate the transfer from Reserve No.: 64 in the amount of $122,320 to fund such Project and establish initial appropriations and estimated revenues for Capital Project Fund#221 in the amount of$122,320, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to establish the following accounts for such appropriations and revenues: • Increase Appropriation 001-9950-9030-0064 Transfer to Capital Project- $122,320; • Increase Revenue 221-0000-55031 Interfund Transfer- $122,320; • Increase Appropriation 221-8120-2899 Capital Construction- $122,320; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any needed agreements and/or documentation, and the Town Supervisor, Wastewater Director, Purchasing Agent and/or Town Budget Officer to take such other and further actions as may be 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 41h day of December,2017,by the following vote: AYES : Mr. Brewer, Mr. Strough,Mr. Metivier,Mr. Clements, Mr. Ferone NOES : None ABSENT: None 4