4.17 4.17
FINANCIAL\2023\PURCHASE—Emergency Repairs at Hovey Pond—Increase Costs—Use ARPA Moneys—4-17
RESOLUTION AUTHORIZING INCREASE IN BUDGET FOR
EMERGENCY DESIGN SERVICES AND OUTLET/CULVERT PIPE
REPAIRS PROJECT AT HOVEY POND PARK
RESOLUTION NO.: 92023
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, the Town of Queensbury's Director of Parks and Recreation (Director)
previously advised that an old galvanized outlet/culvert pipe located at or near the Hovey Pond
Park failed resulting in a large sink hole developing near the Park's walking path and that if the
sink hole became larger and the wall collapsed, it could endanger Glenwood Avenue and Quaker
Road, and therefore, the Director arranged for LaBella Engineering, D.P.C. (LaBella) to assess
the conditions and design repair work specifications and for Kubricky Construction Co.
(Kubricky) to perform the needed repairs to the outlet/culvert pipe, downstream outlet wing walls
and headwall (Project), such Project to be completed on an emergency basis for public health
and safety reasons as time would not allow for the receipt of bids, and
WHEREAS, by Resolution No.: 34,2023, the Town Board: 1) determined that such Project
constituted an emergency procurement needed to best serve the Town's residents and needed to be
completed immediately to protect public health and safety; 2) waived its requirement under General
Municipal Law §103 and the Town's Purchasing Policy; and 3) authorized, confirmed and ratified the
Director's engagement of LaBella for the provision of emergency professional engineering/design
services and Kubricky for the provision of emergency repairs for a total Project cost not to exceed
$150,000 from Capital Construction Account No.: 001-7110-2899, and
WHEREAS, the Director has advised that not only did the outlet/culvert pipe need to be
replaced, but all of the outlet structures as well, due to New York State Department of
Environmental Conservation (DEC) Permit requirements, and
WHEREAS, the Director has further advised that LaBella's original Project estimate of
$150,000 was based on replacing the culvert and outflow canal but did not include replacement of
all of the outlet structures by Kubricky, nor preparation and completion of an Engineering
Assessment of the dam within 60 days of completion of the emergency work by LaBella, and
therefore, the total estimate to complete all required engineering and construction work is now
estimated to be $239,000 before the DEC permit is closed out, and
WHEREAS, by Resolution No.: 261,2021, the Town Board accepted a total of
$2,794,633.02 in American Rescue Plan Act (ARPA) Coronavirus Local Fiscal Recovery Grant
Funds from the New York State Department of Budget, such Recovery Funds to be used in
accordance with the terms and conditions to be set forth by the New York State Department of
Budget and/or the Federal Government, and established the ARPA Coronavirus Local Fiscal
Recovery Capital Project No. 241 (Capital Project No. 241) and the Town Board wishes to
authorize an increase in the Project's budget and use these Recovery Funds for this qualifying
infrastructure investment Project, and
WHEREAS, the Town Board wishes to transfer the Project's budget, including any
expenses already incurred, from Capital Construction Account No.: 001-7110-2899 to Capital
Project No. 241,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes an increase of$89,000 for
professional engineering, construction and permitting costs related to the failed outlet pipe at the
Town's Hovey Pond Park(Project)for a total Project cost not to exceed$239,000, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes the transfer of the Project's budget,
including any expenses already incurred, from Capital Construction Account No.: 001-7110-2899 to
ARPA Coronavirus Local Fiscal Recovery Capital Project No. 241, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to amend
the 2023 Town Budget and take all actions deemed necessary to effectuate the transfer of the Project's
budget and payments for all services and repairs, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes the Town Supervisor and/or Director of
Parks and Recreation to sign any needed additional documentation and the Town Supervisor, Director
of Parks and Recreation and/or Budget Officer to take any and all other and further actions as may be
necessary to effectuate the terms of this Resolution.
Duly adopted this 17t'day of April, 2023,by the following vote:
AYES
NOES
ABSENT:
RESOLUTION AUTHORIZING AND RATIFYING EMERGENCY DESIGN
SERVICES .AND PIPE REPAIRS AT HOVEY POND PARK
RESOLUTION NO.: 34, 2023
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, the Town of Queensbury's Director of Parks and Recreation (Director)
advised that an old galvanized outlet pipe located at or near the Town' s Hovey fond Park located
at 25 Lafayette Street rotted out and failed resulting in a large sink hole developing near the
Park's walking path, and
WHEREAS, the Director further advised that if the sink hole had become larger, based on
the head and wing walls that create a canal that feeds the culvert running under Quaker Road and
the wall fully collapsed, it could have endangered Glenwood Avenue and Quaker Road, and
therefore, the Director arranged for LaBella Engineering, P.C. to assess the conditions and design
repair work specifications and for Kubricky Construction Co. to thereafter perform the needed
repairs to the outlet pipe, downstream outlet wing walls and headwall in accordance with the
Warren County Highway Construction Bid No. : WC 62-21 , such design services and repairs
completed on an emergency basis for public health and safety reasons as time would not allow
for the receipt of bids, and
WHEREAS, the Town Board hereby determines that such design services and repairs
constituted an emergency procurement needed to best serve the Town's residents and such repairs
needed to be completed immediately to protect public health and safety,
NOW, THEREFORE, BE IT
RESOLVED, due to the emergency nature of the above-described design services and
repairs, the Queensbury Town Board hereby waives its requirement under General Municipal Law
M
§ 103 and the Town of Queensbury's Purchasing Policy and authorizes, confirms and ratifies the
Town Director of Parks and Recreation's engagement of LaBella Engineering for the provision of
emergency design services and Kubricky Construction Co. for the provision of emergency repairs
in accordance with the Warren {County Highway Construction Bid No. : WC 62-21 , related to the
failed outlet pipe at the Town's Hovey Pond Park, as such emergency design services and repairs
were . needed to maintain public health and safety to best serve the Town's residents and should
have been completed as soon as possible, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs that payment for such services
and repairs in a total amount not to exceed $ 150,000 shall be made from Capital Construction
Account No.: 001 -7110-2899, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to
amend the 2023 Town Budget to transfer $ 150,000 from General Fund Unappropriated,
Undesignated 'Fund Balance Account No. : 00 1 -0000-0909 to Capital Construction Account No. :
001 -71 10-2899 and take any and all other necessary actions to effectuate payment, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes the Town Supervisor and/or Director
of Parks and Recreation to sign any needed agreements, applications and/or documentation to
effectuate the provision of services and repairs described in this Resolution including any needed
permit applications, temporary easements, easements and/or agreements with the New York State
Department of Environmental Conservation and/or United States Army Corps of Engineers, and. the
Town Supervisor, Director of Parks and Recreation, Town Counsel and/or Budget Officer to take
any and all other and further actions as may be necessary to effectuate the terms of this Resolution.
fi
Duty adopted this 2"d day of January, 2023 , by the following vote_
AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES None
ABSENT: None