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FINANCIAL\2024TURCHASE—Emergency Glenwood and Aviation Road Water Main Repairs—Additional Funds—1-1
RESOLUTION AUTHORIZING, RESTATING AND RATIFYING
EMERGENCY WATER MAIN REPAIRS FOR STATE ROUTES 9 AND 254
AND GLENWOOD AVENUE AND QUAKER ROAD INTERSECTIONS
RESOLUTION NO.: 92024
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, by Resolution No.: 335,2023, the Queensbury Town Board authorized and
ratified emergency water main repairs and related professional engineering services relating to a
catastrophic water main failure at the Intersection of State Routes 9 and 254 (Project) in the total
amount of$150,000 (with the understanding that it was a preliminary estimate) to be paid from
the ARPA Coronavirus Local Fiscal Recovery Capital Project No. 241 and by Resolution No.:
403,2023, the Town Board authorized a revised total estimated Project cost in the amount of
$850,000, and
WHEREAS, the Town Water Superintendent has advised that the total amount of money
related to this Project is now $892,238, and
WHEREAS, the Town Board determines and restates that the Project's Emergency Repair
Services constituted an emergency procurement needed to best serve Town residents and protect
public health and safety and were needed immediately and will further provide for the continued safe
and healthy operation of the Town's water system, and
WHEREAS, the Town Board wishes to use additional American Rescue Plan Act
(ARPA) Coronavirus Local Fiscal Recovery Grant Funds for this qualifying infrastructure
investment Emergency Repair Services Project,
NOW, THEREFORE, BE IT
RESOLVED, due to the emergency nature of the above-described Emergency Repair
Services Project, the Queensbury Town Board hereby waives its requirement under General
Municipal Law §103 and the Town's Purchasing Policy and authorizes, restates and ratifies the Town
Water Superintendent's engagement of the needed contractors to make such Emergency Repairs as
well as other additional, Project-related costs in order to maintain public health and safety to best
serve Town residents, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs that funding for the
Project's Emergency Repair Services in the revised total estimated amount of $892,238 shall be
paid from the ARPA Coronavirus Local Fiscal Recovery Capital Project No. 241, specifically:
1) Account No: 241-8340-2899-0041 for the Routes 9 and 254 Intersection can be
reduced by $39,188 for a revised total of$685,812; and
2) Account No.: 241-8340-2899-0042 for the Glenwood Avenue and Quaker Road
Intersection can be increased by $81,426 for a revised total of$206,426; 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 effectuate this Resolution, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or
Town Water Superintendent to execute any 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 V day of January, 2024,by the following vote:
AYES Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. McNulty, Mr. Strough
NOES None
ABSENT: None
RESOLUTION AUTHORIZING, RESTATING AND RATIFYING
EMERGENCY WATER MAIN REPAIRS AT STATE ROUTES 9 AND 254
AND GLEN'WOOD AVENUE AND QUAKER ROAD INTERSECTIONS
AND FURTHER ENGAGEMENT OF DELA'WARE ENGINEERING, D.P.C.
RESOLUTION NO.: 403, 2023
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY. Mr. Harrison Freer
WHEREAS, by Resolution No.: 335,2023, the Queensbury Town Board authorized and
ratified emergency water main repairs and related professional engineering services, including the
engagement of Delaware Engineering, P.C., (Delaware) relating to a catastrophic water main failure
at the Intersection of State Routes 9 and 254 in the total amount of $ 150,000 (with the
understanding that it was a preliminary estimate) to be paid from the ARPA Coronavirus Local
Fiscal Recovery Capital Project No. 241 , and
WHEREAS, the Town Water Superintendent has advised that during such emergency
repairs, an additional emergency developed requiring water main repairs at the intersection of
Glenwood Avenue and Quaker Road and therefore he again arranged for needed immediate
emergency repairs and services at this intersection, including the engagement of the professional
services of Delaware, on an emergency basis for public health and safety reasons, and
WHEREAS, the Town Water Superintendent has advised that the total amount of money
for the emergency repairs at the two (2) aforementioned intersections (collectively the
"Intersections") are now estimated to total at least $850,000, and
WHEREAS, the Town Board determines and restates that the Emergency Repair Services
at the Intersections constituted an emergency procurement needed to best serve the Town's
residents and to protect public health and safety and were needed immediately in order to restore
and provide water service and will further provide for the continued safe and healthy operation of
the Town's water system, and
WHEREAS, the Town Board wishes to use additional American Rescue Plan Act
(ARPA) Coronavirus Local Fiscal Recovery Grant Funds for this qualifying infrastructure
investment Emergency Repair Services Project,
NOW, THEREFORE, BE IT
RESOLVED, due to the emergency nature of the above-described Emergency Repair
Services Project, the Queensbury Town Board hereby waives its requirement under General
Municipal Law § 103 and the Town's Purchasing Policy and authorizes, restates and ratifies the
Town Water Superintendent's engagement of the needed contractors to make such Emergency
Repairs and the continued professional engineering services of Delaware Engineering, P.C.,
(Delaware) for the approximate amount of $ 100,000 for preparation of plans and specifications for
the replacement of the 1969 cast iron main that caused all of the damage and a new pressure
regulator vault, as such Emergency Repair Services were needed to maintain public health and
safety to best serve the Town's residents, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs that funding for such
Emergency Repair Services in the revised total estimated amount of $850,000 shall be paid from
the ARPA Coronavirus Local Fiscal Recovery Capital Project No. 241 , specifically:
1) Account No: 241 -8340-2899-0041 for the Routes 9 and 254 .Intersection (an
additional $575,000 for a revised total of $725,000); and
2) Account No. : 241 -8340-2899-0042 for the Glenwood Avenue and Quaker Road
Intersection ($ 125,000), 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 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 20'h day of November, 2023, by the following vote:
AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES None
ABSENT: None
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 5 h, 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.. 302.64 -30), owned by the Double H Hale 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-unposed
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 (AR.PA) 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, confu-rns 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 TKQ; 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, F.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 25`h day of September, 2023, by the following vote.
AYES Mr. McNulty, Mr, Strough, Mr. Metivier, Mr. Freer
NOES None
ABSENT: Mr. Ferone