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133.2024 Authorizing Proposed Improvement of Qby Consolidated Water District Facilites States Route 9 abnd 254 Water Main Replacement Project and Advertisement for Bids RESOLUTION AUTHORIZING PROPOSED IMPROVEMENT OF QUEENSBURY CONSOLIDATED WATER DISTRICT FACILITIES - STATE ROUTES 9 AND 254 WATER MAIN REPLACEMENT PROJECT AND ADVERTISEMENT FOR BIDS RESOLUTION NO.: 133,2024 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Queensbury Town Board duly established the Town of Queensbury Consolidated Water District(the "District") in accordance with New York Town Law, and WHEREAS, by Resolution No.: 335,2023, the Queensbury Town Board authorized and ratified emergency water main repairs relating to a catastrophic water main failure at the Intersection of State Routes 9 and 254, and WHEREAS, the Town Board wishes to now authorize improvement of the District's water transmission facilities to restore permanent fire flow to the commercial district located south of Quaker Road and east of Bay Road by replacing approximately 550 linear feet of 12" cast iron water main with new 14" HDPE water main (12.40-inch I.D.) to be directionally drilled under Route 9 and Route 254 with a new casing piping and replacing the existing PRV vault with a new PRV vault to be relocated on the other side of Route 254 (Project), in accordance with Town Law §202-b, 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 some of these Recovery Funds, as well as funds from the Town Water Department's Undesignated, Unassigned Fund Balance Account No.: 040-0000-0909 and/or by issuance of Bond Anticipation Note(s) (which would have to be duly authorized by a subsequent Bond Resolution), for this qualifying infrastructure investment Project, and WHEREAS, the Town Water Superintendent previously recommended that the Town Board engage the professional engineering services of Delaware Engineering, DPC (Delaware) for the design, bidding and construction administration and observation services related to the Project and by Resolution No.: 51,2024, the Town Board authorized engagement of Delaware for such services and the establishment of the State Routes 9 and 254 Water Main Repairs Capital Project No.: 252, and WHEREAS, Delaware has prepared an Engineering Report issued March 2024 concerning the Project together with an estimate of its cost, a copy of which Engineer's Report is duly filed in the Queensbury Town Clerk's Office and made available for public inspection and presented at this meeting, and WHEREAS, on March 18th, 2024, subsequent to the filing of the Engineering Report with the Town Clerk, the Town Board adopted Public Hearing Order No.: 115,2024 reciting: (a)the proposed improvements; (b) the estimated amount proposed to be expended for the improvements; (c) the fact that an Engineer's Report describing the improvements is on file in the Town Clerk's Office; and (d) the time and place of public hearing on the proposed improvements, and WHEREAS, such public hearing was duly held on Monday, April V, 2024 and the Town Board has considered the evidence and information provided, and WHEREAS, as detailed in the Engineering Report, this is a replacement of the water infrastructure in kind on the same site which also includes street openings and right-of-way openings to reconstruct and maintain the existing utility facilities, and therefore a Type 11 action under 6 NYCRR Section 617.5(c)(6) and (c)(2) of the State Environmental Quality Review Act (SEQRA) regulations and therefore, no further environmental review is required, and WHEREAS, although the Town of Queensbury is a Town partially within the Adirondack Park, the District does not contain State lands assessed at more than thirty percent (30%) of the total taxable assessed valuation of the District, so permission of the State Comptroller to the proposed expenditure is not required under Town Law §202-b(5), 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, and WHEREAS, the Town Board wishes to authorize the proposed Water District improvements in accordance with Town Law §202-b, NOW, THEREFORE, BE IT RESOLVED,that it is the determination of the Queensbury Town Board that: 1. The Notice of Public Hearing was published and posted as required by law and is otherwise sufficient; 2. It is in the public interest to improve the water transmission facilities by replacing approximately 550 linear feet of 12" cast iron water main with new 14" HDPE water main (12.40- inch I.D.) to be directionally drilled under Route 9 and Route 254 with a new casing piping and replacing the existing PRV vault with a new PRV vault to be relocated on the other side of Route 254; and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and approves the improvements to the Queensbury Consolidated Water District as set forth above and in the previously described Engineering Report and construction of the improvements may proceed and service provided subject to the following: 1. the obtaining of any necessary permits or approvals from the New York State Department of Health; and 2. the obtaining of any necessary permits or approvals from the New York State Department of Transportation; 3. the obtaining of any necessary permits or approvals from Warren County; 4. the preparation of definite plans, specifications, a careful estimate of the expense and a proposed contract for the execution of the work and adoption thereof by the Town Board; and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the expenditure for the improvements as set forth above and in the Engineer's Report, in an amount estimated not to exceed$1,354,250, and BE IT FURTHER, BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town's Purchasing Agent to post and publish an advertisement for bids for this Project and as will be set forth in bid documents and specifications prepared by Delaware, the Town Water Superintendent and/or the Town Purchasing Agent, receive all bids, read them aloud and record the bids as is customarily done and present the bids to the next regular or special meeting of the Town Board, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Water Superintendent, Town Budget Officer and/or Town Counsel to take any and all actions necessary to effectuate the terms of this Resolution. Duly adopted this I'day of April, 2024,by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. McNulty NOES None ABSENT: None