335.2023 Authorizing and Ratifying Emergency Water Main Repairs at Intersection of State Routes 9 and 254 with Delaware Engineering RESOLUTION AUTHORIZING AND RATIFYING EMERGENCY WATER
MAIN REPAIRS AT INTERSECTION OF STATE ROUTES 9 AND 254 AND
ENGAGEMENT OF DELAWARE ENGINEERING, D.P.C.
RESOLUTION NO.: 335,2023
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Timothy McNulty
WHEREAS, the Town of Queensbury's Water Superintendent advised that a catastrophic
water main failure occurred at the Intersection of State Routes 9 and 254 ("Intersection") on or about
September 5t", 2023 and therefore he immediately sought and engaged the services of 1) Kubricky
Construction (referred to as "TKC") as General Contractor to manage and complete the needed water
main construction repairs; 2) O'Connor Construction (a subcontractor to TKC) to temporarily repave
the Intersection; 3) Straightline, (a subcontractor to TKC) through coordination with Peter Luizzi and
Sons, to restripe the Intersection; 4) Donnelly Construction, Inc. for work zone traffic control (a
subcontractor to TKC); and 5) Delaware Engineering, P.C. (Delaware) for professional engineering
services (collectively referred to as the "Emergency Repair Services"), all such Emergency Repair
Services sought and provided on an emergency basis for public health and safety reasons, and
WHEREAS, the Water Superintendent has advised that an emergency still exists at the
Intersection as fire flow exists at only one-third (1/3) of normal fire flow levels and therefore further
water service repairs are needed, (to be referred to as the "Future Repair Project"), which Future
Repair Project will be publicly bid, and
WHEREAS, the Water Superintendent wishes to engage Delaware for additional professional
design, bidding and construction phase engineering services related to the Future Repair Project so
that it may proceed as expediently as possible, and
WHEREAS, the Water Superintendent further advises that the Town will need to obtain
Temporary Easements on or near the properties of the Burger King restaurant located at 620 Aviation
Road (tax map no.: 302.6-1-30), owned by the Double H Hole in the Woods and the Jolley Mobil
Service Station located at 777 Glen Street (tax map no.: 302.6-1-29), owned by Jolley Associates,
LLC in order to reestablish the fire flow until the permanent repairs related to the Future Repair Project
may be made, and
WHEREAS, the Water Superintendent has preliminarily estimated the cost of the
Emergency Repair Services completed thus far along with the cost of materials he wishes to start
purchasing toward the Future Repair Project will total at least $150,000, and
WHEREAS, the Town Board hereby determines that the Emergency Repair Services and
Future Repair Project constitute an emergency procurement needed to best serve the Town's residents
and to protect public health and safety, as such Emergency Repair Services and Future Repair Project
were and are needed immediately in order to restore and provide water service, open up the
Intersection, regain fire flow and avoid another catastrophic failure that would again destroy the
Intersection as the pipe at the Intersection is from 1969 and has consistently experienced the
highest pressures in what already is a high pressure water system, and these critical Emergency
Repair Services and Future Repair Project were provided and will further provide for the continued
safe and healthy operation of the Town's water system, and
WHEREAS, the Town Board wishes to waive the Town Purchasing Policy's self-imposed
requirement for two written (2) quotes for the needed Professional Engineering Services in this
instance, 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 and the Town Board wishes to use these Recovery Funds for
this qualifying infrastructure investment Emergency Repair Services and Future Repair Project,
NOW, THEREFORE, BE IT
RESOLVED, due to the emergency nature of the above-described Emergency Repair
Services and Future Repair Project, the Queensbury Town Board hereby waives its requirement
under General Municipal Law §103 and the Town of Queensbury's Purchasing Policy and authorizes,
confirms and ratifies the Town Water Superintendent's engagement of 1) Kubricky Construction
("TKC") as General Contractor of this Emergency Repair Services and Future Repair Project; 2)
O'Connor Construction (a subcontractor to TKC); 3) Straightline (a subcontractor to TKC) through
coordination with Peter Luizzi and Sons;4)Donnelly Construction, Inc. (a subcontractor to TKC); and
5) Delaware Engineering, P.C. as such Emergency Repair Services and the Future Repair Project were
and will continue to be needed to maintain public health and safety to best serve the Town's residents
and should be made as soon as possible, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs that funding for such
Emergency Repair Services and Future Repair Project in the total amount of $150,000 (with the
understanding that this is a preliminary estimate) shall be paid from the ARPA Coronavirus Local
Fiscal Recovery Capital Project No. 241, specifically Account No.: 241-8340-2899-0041, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Budget
Officer to make any adjustments, budget amendments, transfers, prepare any documentation and
take all actions necessary to provide for payment, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes any needed Temporary Easements as
delineated in the preambles of this Resolution and authorizes and directs the Town Supervisor and/or
Town Water Superintendent to execute any and all related documents in form acceptable to Town
Counsel, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute any needed Proposal/Agreement with Delaware in form acceptable to the Town Supervisor,
Town Water Superintendent and/or Town Counsel, and/or any other needed documentation, and the
Town Supervisor, Water Superintendent and/or Town Budget Officer to take any other and further
actions as may be necessary to effectuate all terms of this Resolution.
Duly adopted this 25t'day of September, 2023,by the following vote:
AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer
NOES None
ABSENT: Mr. Ferone