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3.09 3.9 LABOR AND POLICY\\COVID – HVAC Project as Essential Project – 4-6-2020 RESOLUTION AUTHORIZING DECLARATION OF TOWN UTILITY INFRASTRUCTURE/HVAC IMPROVEMENTS CAPITAL PROJECT AS ESSENTIAL RESOLUTION NO.:_______________________________________________, 2020 INTRODUCED BY: _______________________________________________ WHO MOVED ITS ADOPTION SECONDED BY: _______________________________________________ WHEREAS, by Resolution No.: 123,2020, the Town Board authorized adoption of its COVID-19 Pandemic Response Plan (Plan) and by Resolution No.: 133,2020, authorized and ratified adoption of the Plan as further revised, and WHEREAS, by Resolution No.: 385,2019, the Town Board awarded bids for utility infrastructure/HVAC improvements at Queensbury Town Hall and the Queensbury Activities Center (Project), and WHEREAS, this Project includes the replacement of the Town’s outdated, high- maintenance, poor-efficiency heating, ventilation and air conditioning (HVAC) equipment and system with a much more reliable and efficient HVAC equipment and system in both its core buildings, Town Office and Activities Center, and WHEREAS, the Town of Queensbury’s central office buildings, referred to as Town Office and Activities Center, are the Town’s core buildings that currently house multiple Town offices that serve multiple public services, such as, the Town’s Supervisor’s Office, Town Clerk’s Office, Building & Codes Enforcement, Planning & Zoning Enforcement, Fire Marshall’s Office, IT servers, Assessor’s Office, Building & Grounds Office, storage place for equipment, records, documents and archives, and WHEREAS, any interruption in the Town’s ability to establish and control certain environmental conditions regulated by the HVAC systems in its core buildings, might jeopardize the welfare of its employees, IT system, records, archives, and other documents, and WHEREAS, in accordance with Governor Cuomo’s Guidance on Essential Services Under the New York State on PAUSE Executive Order 202.6, effective March 22, an “Essential Business,” means: #9. Construction, including, among others, for essential infrastructure or for emergency repair and safety proposes, and WHEREAS, in accordance with Governor Cuomo’s Guidance on Essential Services Under the New York State on PAUSE Executive Order 202.6, effective March 22, an “Essential Business,” means: #11. Essential Services Necessary to Maintain the Safety, Sanitation and Essential Operations of Residences or Other Essential Business, including, among others, emergency management and response, and WHEREAS, in accordance with Governor Cuomo’s Guidance on Essential Services Under the New York State on PAUSE Executive Order 202.6, effective March 22, an “Essential Business,” means: #12. Vendors that Provide Essential Services or Products, Including Logistics and Technology Support, Child Care and Services, includes, among others, government owned buildings and essential government services, and WHEREAS, Executive Order 202.6, an essential business and services are those that provide for the maintenance for the infrastructure of the facility or to maintain or safeguard materials or products therein, and WHEREAS, the Town of Queensbury’s facilities provide services necessary to maintain the safety, sanitation and essential operations of residences or other businesses, and 2 WHEREAS, the State’s response to COVID-19 is directly dependent upon a reliable governmental system, and WHEREAS, the Town’s infrastructure is essential for both public safety and commercial visibility, and WHEREAS, the Town Offices are essential and dependent on reliable HVAC equipment, and WHEREAS, the Town of Queensbury and its contractors must comply with the guidance and directives for maintaining a clean and safe work environment as issued by the Department of Health, the Centers for Disease Control, and relevant others, which includes, among other safeguards, a strong urge to maintain social distance to the extent possible, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the declaration of its for utility infrastructure/HVAC improvements at Queensbury Town Hall and the Queensbury Activities Center (Project) as essential and such vital work should proceed, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to distribute certified copies of this Resolution to any needed State, County and/or Town Departments and the Town Supervisor, Town Clerk, Town Facilities Manager and/or Town Budget Officer to take any and all actions necessary to effectuate the terms of this Resolution. th Duly adopted this 6 day of April, 2020, by the following vote: AYES : NOES : ABSENT 3 RESOLUTION AUTHORIZING AWARD OF BID FOR UTILITY INFRASTRUCTURE/HVAC IMPROVEMENTS AT TOWN HALL AND ACTIVITIES CENTER RESOLUTION NO. 385, 2019 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mrs.Jennifer Switzer WHEREAS, by Resolution No.: 483,2013, the Queensbury Town Board established the Town Office Complex Improvements Capital Project Fund#203, and WHEREAS, by Resolution No.: 101,2018, the Town Board authorized engagement of LaBella Associates, D.P.C. (LaBella) related to the design and implementation of utility infrastructure/HVAC improvements at Queensbury Town Hall and the Queensbury Activities Center(Project), and WHEREAS, LaBella Associates, D.P.C. provided such engineering services and developed bid documents,and WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bid to the lowest responsible bidder(s) meeting New York State statutory requirements and the requirements set forth in the Town's bidding documents,and WHEREAS, by Resolution No.: 473,2018, the Town Board authorized the Town's Purchasing Agent to advertise for bids for the utility infrastructure/HVAC improvements at Queensbury Town Hall and the Queensbury Activities Center Project (Project) in the official newspaper for the Town of Queensbury and following such advertisement and receipt of bids, the one(1)and only received bid was opened and reviewed on May 28th, 2019,and WHEREAS, the Purchasing Agent, Facilities Manager and LaBella recommended that the Town Board reject the bid as only one bid was received and by re-advertising for bids in the late fall, it was hoped that the Town would receive additional, favorable bids, and WHEREAS, by Resolution No.: 238,2019, the Town Board accordingly authorized the rejection of the one received bid and the readvertisement for bids, and WHEREAS, the Town's Purchasing Agent published such advertisement for bids and on Friday, November 8`1', 2019, duly opened all received bids, and WHEREAS, the Purchasing Agent, the Facilities Manager and LaBella have recommended that the Town Board award the bid for the Project to the lowest, responsible bidder, R. F. Gordon Mechanical, for an amount not to exceed $994,215 (plus an additional amount of$10,400 if the Town later determines that soil removal work is needed), and WHEREAS, the Facilities Manager has advised the Town Board that there are times when Change Orders may become necessary for such Contract and has requested that the Town Board also authorize him to approve and sign certain Change Orders up to a five percent (5%) contingency for Change Orders that he deems necessary or appropriate, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts and awards the bid for the utility infrastructure/HVAC improvements at Queensbury Town Hall and the Queensbury Activities Center Project (Project) from the lowest, responsible bidder, R. F. Gordon Mechanical, for an amount not to exceed $994,215 (plus an additional amount of$10,400 if the Town later determines that soil removal work is needed), and BE IT FURTHER, 2 Y RESOLVED, that the Town Board hereby authorizes the Town Facilities Manager to approve and sign Change Orders pertaining to the Contract up to a five percent (5%) contingency or in the total amount not exceeding $49,711 that he deems necessary or appropriate, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that payment shall be from Capital Construction Account No.: 203-1620-2899, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to effectuate all terms of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Purchasing Agent, Facilities Manager, and/or Budget Officer to take such other and further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 18th day of November, 2019, by the following vote: AYES : Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough NOES : None ABSENT: None 3