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,
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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
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