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FINANCIAU2024\PURCHASE—Emergency Tee Hill Road Culvert TKC Kubricky DA Collins LaBella Part 2—Additional Funds—Capital Reserve 64 Transfer—
Permissive Referendum-11-4
RESOLUTION AUTHORIZING, RESTATING AND RATIFYING
TEE HILL ROAD EMERGENCY CULVERT REPLACEMENT PROJECT
AND INCREASING IN CAPITAL PROJECT NO. 255
RESOLUTION NO.: ,2024
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, a culvert over the Glen Lake outlet/stream on Tee Hill Road near its intersection
with Moon Hill Road in the Town of Queensbury failed resulting in the closure of Tee Hill Road from
the Moon Hill Road entrance, with the culvert needing to be removed and a replacement bridge
needing to be built and installed before Tee Hill Road may be completely reopened (Project), and
WHEREAS, the Town Supervisor declared the Project to be an emergency in accordance
with New York State Executive Law Section 24, and
WHEREAS, by Resolution No.: 337,2024, the Town Board authorized and ratified
Emergency Repair Services by Kubricky Construction/TKC (TKC) as General Contractor for the
Project construction work and LaBella Associates, D.P.C. for professional engineering services and
established Tee Hill Road Culvert Replacement Capital Project No.: 255 in the amount of
$750,000 with the understanding that it was a preliminary estimate, and
WHEREAS,the culvert has now been removed and the State of Emergency extended, and
WHEREAS,the Town has received a budgetary estimate dated 10/7/2024 from TKC for D.A.
Collins Companies' construction of the new Hyspan bridge structure including precast installation
and restoration items in the estimated amount of$1,160,000, and
WHEREAS, the Town has also received Technical Services Change Order (TSCO) 41
dated October 22, 2024 from LaBella Associates, D.P.C. for additional professional engineering
services in the amount of$43,200, and
WHEREAS, the Town Board also anticipates Project expenditures in the additional
estimated amount of$300,000 for future expenses including TKC's underground work, excavation
for the bridge and/or backfill of the footings and wall, and
WHEREAS, in accordance with NYS General Municipal Law §6(c), the Town Board is
authorized to withdraw and expend funds from Capital Reserve No. 64 subject to permissive
referendum, and therefore, the Town Board wishes to authorize withdrawals and expenditures from
Capital Reserve No. 64 toward this Capital Project, and
WHEREAS, the Town Board determines and restates that the Project's Emergency Repair
Services continue to constitute an emergency procurement needed immediately to best serve Town
residents and protect public health and safety and therefore the Town Board wishes to waive its
requirement under General Municipal Law §103 and/or the Town Purchasing Policy's self-imposed
requirement for two written(2)quotes for continued professional engineering services in this instance,
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, confirms and ratifies the
Town Supervisor's continued engagement of:
1) Kubricky Construction/TKC General Eng. Contractors/Kubricky-Jointa Lime, LLC
(TKC) as General Contractor and D.A. Collins Companies' construction of the
Hyspan replacement bridge structure including precast installation and restoration
items as set forth in TKC's budgetary estimate dated 10/7/2024 in the estimated
amount of$1,160,000;
2) LaBella Associates, D.P.C. for additional professional engineering services as set
forth in its Technical Services Change Order 41 dated October 22, 2024 in the
amount of$43,200;
3) TKC for anticipated expenditures in the estimated amount of $300,000 for
underground work, excavation for the bridge and/or backfill of the footings and wall;
and therefore authorizes additional withdrawals and expenditures in the additional estimated amount
of$1,500,000, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby finds that such withdrawals and expenditures for
such Capital Project are those for which Capital Reserve Fund No. 64 was established, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Budget Officer
to take all actions necessary to amend the Town Budget, make any adjustments and/or increase the
following accounts for such additional appropriations and revenues as necessary:
• 001-9950-9030-0064 Transfer to Capital Project- $1,500,000;
• 255-0000-55031 Interfund Revenues - $1,500,000;
0 Capital Construction Account No.: 255-8540-2899 - $1,500,000; and
BE IT FURTHER,
RESOLVED, that upon Project completion,the Town Budget Officer shall take all actions
necessary to close Capital Project No.: 255 and return any remaining Fund balances to Capital
Reserve Fund No. 64, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor/Deputy Town Supervisor to execute Technical Services Change Order(TSCO) 41 from
LaBella as well as any future TSCO's with LaBella and/or any needed Agreement and/or
documentation with TKC and/or DA Collins and/or others related to this Project as may be deemed
necessary by and acceptable to the Town Supervisor, and the Town Supervisor/Deputy Supervisor,
Water Superintendent/Wastewater Director and/or Budget Officer to take such other and further
actions as may be necessary to effectuate this Resolution and
BE IT FURTHER,
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 4 h day of November, 2024,by the following vote:
AYES
NOES
ABSENT: