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296.2015 Emergency Dixon Road Culvert Replacement RESOLUTION DECLARING EMERGENCY REGARDING DIXON ROAD CULVERT REPLACEMENT PROJECT AND AUTHORIZING ENGAGEMENT OF KUBRICKY CONSTRUCTION RESOLUTION NO.: 296,2015 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, by Resolution No.: 412,2014, the Queensbury Town Board authorized and approved the Dixon Road Culvert Replacement Project (Project), establishment of the Dixon Road Culvert Replacement Capital Project Fund #206 and engagement of The Chazen Companies (Chazen) for design and construction phase engineering services related to the Project, 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, by Resolution No.: 230,2015, the Town Board authorized an advertisement for bids for the Project but only one (1) bid was received and therefore by Resolution No.: 273, 2015, the Town Board rejected the one (1) received bid and authorized a re-advertisement for bids for the Project, and WHEREAS, subsequent to such re-advertisement for bids, during an inspection of the Dixon Road Culvert (Culvert), Chazen discovered further and unexpected damage to the Culvert which has significantly increased, resulting in risk and danger to Dixon Road and motorists should such deterioriation continue, such determination of conditions and has advised that such Project be undertaken on an emergency basis for public safety reasons as time does not now allow for the receipt of bids and has therefore recommended that the Town Board engage the services of Kubricky Construction to perform the needed repairs on an emergency basis, including all time, materials and all other incidental and related costs, for approximately $300,000, which is less than the sole bid previously received and rejected prior to the unexpected and quicker deterioration of the culvert area, and WHEREAS, the Town Board hereby determines that such potential failure of the Culvert constitutes an emergency procurement needed to best serve the Town's residents as such Project must be completed as soon as possible, NOW, THEREFORE, BE IT RESOLVED, due to the sudden and emergency nature of the potentially imminent failure of the Dixon Road Culvert, for public safety reasons, the Queensbury Town Board hereby waives its requirement under General Municipal Law §103 and the Town of Queensbury's Purchasing Policy, and hereby authorizes and directs the engagement of Kubricky Construction to perform the needed repairs for an amount not to exceed $300,000 as such emergency repairs are needed for public safety and to best serve the Town's residents and need to be made as soon as possible, and BE IT FURTHER, RESOLVED, that payment for such services shall be from the Dixon Road Culvert Replacement Capital Project Fund#206, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to take all actions necessary to amend the Town Budget and transfer $300,000 from General Fund unappropriated fund balance to Capital Construction Account No.: 206-8540-2899 to provide for such services, and BE IT FURTHER, 2 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Chazen, Highway Superintendent, Budget Officer, Purchasing Agent and/or Town Counsel to take all actions necessary to effectuate this Resolution. Duly adopted this 20'h day of August, 2015, by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. VanNess, Mr. Strough NOES None ABSENT: Mr. Irish 3