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LABOR AND POLICY\\COVID – Highway Building Project as Essential Project – 4-6-2020
RESOLUTION AUTHORIZING DECLARATION OF TOWN HIGHWAY
GARAGE CAPITAL CONSTRUCTION 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.: 414,2019, the Town Board awarded bids for construction of
the new Town Highway Garage Capital Construction Project (Project), and
WHEREAS, the Project, already under construction, will provide protection and safe
haven for multiple millions of dollars of highway vehicles and equipment, and provide a facility for
continuance of maintenance necessary to assure safe operations and public safety, and
WHEREAS, the Project is already under construction and any further delay will
jeopardize the Highway Department’s ability to provide for public safety and vehicle and
equipment protections, and
WHEREAS, the Project has necessitated to relocation of its salt and sand piles and those
sand and salt mounds need to be returned to service prior to next season’s snow and ice events
and any further delay might impact the Highway Department’s ability to relocate and access its
sand and salt to provide for safer roads and public safety, and
WHEREAS, Project completion is projected to take a minimum of six (6) months and
further delays might jeopardize the Highway Department’s ability to protect its equipment,
maintain safe road and assure public safety, and
WHEREAS, the location and construction of this building required losing current facilities
that were providing some of the Highway Department’s equipment protection from the elements,
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: #2. Essential Infrastructure, Including, among others, public water and
wastewater and transportation infrastructure such as garages, 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: #5. Essential Services, including, among others, auto repair and storage for
essential businesses, 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, general maintenance…, automotive repair, and
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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, Essential Infrastructure, Including, among others, public water and
wastewater and transportation infrastructure such as garages, 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 Highway Department and its facilities provide
services necessary to maintain the safety, sanitation and essential operations of residences or other
businesses, and
WHEREAS, the State’s response to COVID-19 is directly dependent upon a reliable
transportation system, and
WHEREAS, the transportation infrastructure is essential for both public safety and
commercial visibility, and
WHEREAS, road construction is essential and dependent on reliable vehicles and
equipment, and
WHEREAS, the Town of Queensbury and its contractors must provide compliance plans
and demonstrate compliance with New York State’s guidance and directives for maintaining a
clean and safe work environment as issued by the Department of Health, the Centers for Disease
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Control, and relevant others, which includes, among other safeguards, a strong urge to maintain
social distance to the extent possible, and
WHEREAS, in summary, to properly address public safety needs, the Town needs a site
prepared to deal with ice and snow events and have its Highway Department site in order prior to
November and this site is designed to provide orderly operations for the Town’s Highway
Department and in order to achieve that, the Town needs completion of a building for truck &
plow storage and the completion of a salt barn and a site organized to accommodate all that and a
sand pile, and therefore, it is imperative that ongoing construction of the above continues - a
minimum six (6) month project - and the current site that has been significantly disrupted (storage
shelters, sand piles, salt shed, etc. have been or will be removed) and so halting this project at this
time would seriously jeopardize public safety,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the declaration
of its Town Highway Garage Capital Construction Project as essential and construction 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 Highway Superintendent, 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 :
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RESOLUTION AUTHORIZING AWARD OF BIDS FOR
HIGHWAY GARAGE CAPITAL PROJECT
RESOLUTION NO. 414, 2019
INTRODUCED BY: Mrs. Catherine Atherden
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Jennifer Switzer
WHEREAS, by Resolution No.: 82,2016, the Queensbury Town Board authorized
establishment of the Highway Garage Capital Project and Highway Garage Capital Project Fund
#208 and the engagement of C.T. Male Associates (C.T. Male) to evaluate the feasibility of the
construction of a new Town Highway Garage (Project), and
WHEREAS, by Resolution No.: 336,2018, the Town Board authorized further engagement
of C.T. Male for architectural services relating to the Preliminary Design Phase of the Project, and
WHEREAS, by Resolution No.: 167,2019, the Town Board further authorized engagement
of C.T. Male for architectural and engineering services relating to the Design, Bid and Construction
Administration Phase of the Project and C.T. Male accordingly prepared bid documents and
specifications for the Project, and
WHEREAS, by Resolution No.: 262,2019, the Town Board authorized engagement of The
Chazen Companies (Chazen) for professional services as Clerk of the Works for 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,
WHEREAS, by Resolution No.: 362,2019, the Town Board authorized the Town's
Purchasing Agent to advertise for bids for the Project in the official newspaper for the Town of
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Queensbury and following such advertisement and receipt of bids, the bids were duly opened and
reviewed on November 26`h, 2019, and
WHEREAS, the Purchasing Agent, Highway Superintendent, C.T. Male and Chazen have
reviewed the bids and have recommended that the Town Board award the bids for the Project to
the lowest, responsible bidders in each category as delineated in C. T. Male's December 9, 2019
letter presented at this meeting and as follows:
• CONTRACT 01 - General Construction - MLB Construction Services, LLC- $2,496,900
• CONTRACT 02—Plumbing—Burniche Piping, Inc. (BPI) - $ 89,400
• CONTRACT 03 —HVAC—Burniche Piping, Inc. (BPI) - $ 185,900.
• CONTRACT 04—Electrical—Hewitt Young Electric, LLC - $ 158,700.
• CONTRACT 05 —Fire Protection—Condor Fire Sprinkler, LLC - 98,800.
and
WHEREAS, the Town Board concurs with these bid recommendations,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby accepts and awards the bids for
the construction of a new Town Highway Garage (Project) from the lowest, responsible bidders in
each category as delineated in C. T. Male's December 9, 2019 letter presented at this meeting and
as follows:
• CONTRACT 01 - General Construction - MLB Construction Services, LLC- $2,496,900
• CONTRACT 02—Plumbing—Burniche Piping, Inc. (BPI) - $ 89,400
• CONTRACT 03 —HVAC—Burniche Piping, Inc. (BPI) - $ 185,900.
• CONTRACT 04—Electrical—Hewitt Young Electric, LLC - $ 158,700.
• CONTRACT 05 —Fire Protection—Condor Fire Sprinkler, LLC - 98,800.
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and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs that payment shall be
from Capital Construction Account No.: 208-1620-2899, 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 to
execute the Notices of Awards, any needed Agreements and further documentation, and the Town
Supervisor, Highway Superintendent, Purchasing Agent 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 16th day of December, 2019, by the following vote:
AYES : Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough
NOES : None
ABSENT: None
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