277.2019 State of NY Betterment Work for Warren County & Qsby
RESOLUTION GRANTING THE STATE OF NEW YORK AUTHORITY
TO PERFORM BETTERMENT WORK FOR THE TOWN OF
QUEENSBURY, WARREN COUNTY
AND
TOWN OF QUEENSBURY AGREEING TO MAINTAIN FACILITIES
INSTALLED AND ADJUSTED VIA STATE-LET CONTRACT
RESOLUTION NO.: 277, 2019
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Jennifer Switzer
WHEREAS, the New York State Department of Transportation proposes the
construction, reconstruction, and improvement of Route 9L - Route 9L Pavement Widening in
the Town of Queensbury (Municipality), located in Warren County, PIN 1218.07, and
WHEREAS, the State will not provide for the installation or modification of the
Municipal water line, and
WHEREAS, in connection with hereinabove described project by this Resolution,
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adopted on August 19, 2019, the Town of Queensbury has requested and authorized the NYS
Department of Transportation pursuant to Article II, Section 10, Subdivisions 24b, 27 and 35 of
the Highway Law to process the necessary arrangements to incorporate the Betterment work of
installation of new water line and its appurtenances to meet the current standards and
requirements of the Town of Queensbury in the hereinabove mentioned State transportation
project, with the cost of said work in connection therewith to be borne by the Town of
Queensbury, and
WHEREAS, the service life of the relocated and replaced utilities has been extended, and
WHEREAS, the Town of Queensbury desires that said installation of new water line and
its appurtenances be constructed by NYS Department of Transportation as part of the above-
mentioned project under a Betterment share on behalf of the Town of Queensbury based on the
“additional cost” method that is estimated to be approximately $1,200,000, and as will be shown
on the contract plans and project estimate,
NOW THEREFORE, BE IT
RESOLVED, that pursuant to Article II, Section 10, Subdivisions 24b, 27 and 35 of the
Highway Law, money shall be allocated and deposited to the NYS Office of State Comptroller to
cover the cost of the installation of new water line and its appurtenances, and
BE IT FURTHER,
RESOLVED, that after this Resolution is adopted by the Town of Queensbury and
received by the State, the State, in coordination with the Town’s Engineer, will begin the
waterline design, produce the design documents, and prepare a detailed estimate for the
installation of new water line and its appurtenances, and will include installation of the new
water line and its appurtenances in the above-mentioned construction project as the Town of
Queensbury’s itemized share, and
BE IT FURTHER,
RESOLVED, that the Town Supervisor/Chief Fiscal Officer is hereby authorized and
directed to deposit the detailed estimated amount with the NYS Office of State Comptroller after
the full execution of NYSDOT Utility Work Agreement, Form HC-140, and minimum of 45
(forty-five) days prior to the Award of this transportation project, and
BE IT FURTHER,
RESOLVED, that a copy of this Resolution shall be filed with the Office of State
Comptroller and with the State Commissioner of Transportation, it being understood that upon
completion of the said relocation and adjustment to water mains and appurtenances in the Town
of Queensbury, the Commissioner of Transportation of the State of New York shall transmit to
this town Board a statement showing the actual costs and expenses of such work, and shall notify
the Town Supervisor/Chief Fiscal Officer of the amount due from, or to be returned to the Town,
as the case may be, and
BE IT FURTHER,
RESOLVED, that the Town of Queensbury approves of the relocation and adjustment to
water mains and appurtenances and the above-mentioned work be performed on the project by
DOT as to be shown on the contract plans relating to the project, and will own and maintain or
cause to be maintained the newly installed water line and its appurtenances after construction
thereof as set forth above, and will make ample provisions each year for such maintenance, and
BE IT FURTHER,
RESOLVED that by means of this Resolution, the Town of Queensbury grants the
authority to John F. Strough, Town Supervisor/Chief Fiscal Officer, to sign, with the
concurrence of the Town Board, any and all documentation that may become necessary as a
result of this project as it relates to the Town of Queensbury, and
BE IT FURTHER,
RESOLVED, that the Town Clerk is hereby directed to notarize, seal, and transmit five
(5) certified copies of the foregoing Resolution, each signed with an original signature and
notarized with both a stamp and a raised seal, to the New York State Department of
Transportation and mailed to:
Yan Babichenko, P.E., Regional Utilities Engineer/Professional Engineer I
New York State Department of Transportation - Region 1, Design
50 Wolf Road, POD 2-3
Albany, NY 12232.
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Duly adopted this 19 day of August, 2019, by the following vote:
AYES : Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough
NOES : None
ABSENT: None
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I, Caroline H. Barber, the duly appointed and qualified Town Clerk of the Town of
Queensbury, do hereby CERTIFY that the foregoing Resolution was adopted at a meeting
duly called and held in the office of the Town of Queensbury, a quorum being present on
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the 19 day of August, 2019, and that said copy is a true, correct and compared copy of the
original Resolution so adopted and that the same has not been revoked or rescinded.
WITNESSETH, my hand and seal this day of , 2019.
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CAROLINE H. BARBER, TOWN CLERK