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093.96 RESOLUTION AUTHORIZING CHANGE ORDER AND DECLARING PUBLIC EMERGENCY IN CONNECTION WITH THE WATER TREATMENT PLANT WATER FILTER FAILURE RESOLUTION NO.: 93, 96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, by resolution no. 336, 94, the Town Board of the Town of Queensbury, based on the map, plan and report provided by O'Brien & Gere Engineers, Inc., determined it to be in the public interest to provide for an increase and improvement to the facilities of the Queensbury Consolidated Water District, including the acquisition of land at an estimated cost of $13,228,000., and WHEREAS, the improvements planned in connection with the increase and improvement of the facilities for the Queensbury Consolidated Water District Treatment Plant included not only making additions to increase the Plant size to a capacity of 15 mgd, but also the refurbishing, reconstruction, and in some instances, replacement, of existing facilities currently used in Water Treatment Plant operations, and WHEREAS, during the time the Water Treatment Plant Expansion Project was being developed, reviewed, and ultimately approved, a decision was made to undertake some minor repairs of existing water filtering devices, but otherwise exclude the same from the Water Plant Improvement Project, with the understanding that the same would be removed and replaced with new filters at such time as the Plant expansion was completed, and when filters constructed as a part of the expansion process were functioning, so that there would always be an adequate supply of treated water, and WHEREAS, there was a filter failure on January 19, 1995, where approximately 20 cells in one of the existing filters failed, and the New York State Department of Health has recommended that the filter be taken out of service and repaired immediately, and has advised that all steps should be taken to expedite corrective action, and WHEREAS, O'Brien & Gere Engineers, Inc., have reviewed the procedures that would be involved in authorizing and approving the reconstruction and/or replacement of the water filters by separate Town Law §202-b proceeding and separate bid under General Municipal Law §103 at this time, and have established that on a reasonably conservative schedule that the work to replace or reconstruct the water filters could not be completed until some time between August 28th and October 21st, and WHEREAS, the Queensbury Consolidated Water District has traditionally experienced its heaviest demands for water during the summer months and if the water filter is not repaired prior to that time, based on all available information, there would be a diminished supply of water resulting in an inability to meet a summer water demand, and an inability to flush fire hydrants, as well as the risk that should the other filter fail, which is quite old as well, the Town would be faced with serious public health problems in connection with the furnishing of water, and WHEREAS, the Town Board of the Town of Queensbury has been advised that the contractor currently under contract for the Water Treatment Plant Expansion, could and would be willing to replace and/or reconstruct the failed filter as a change order item by using a filter planned for use in the Plant Expansion, and now at the project site and thereafter replace the same all at a cost of approximately $330,000., to be paid for from Account No.: 040-8320- 2899 (Capital Construction) with the cost amount of $330,000. to be transferred from Account No.: 040-9950-9098 (transfer to Water Treatment Plant Expansion), and WHEREAS, the Town Board of the Town of Queensbury has ascertained that the Notice of Public Hearing and Resolution following the public hearing to authorize the improvement to the Queensbury Consolidated Water District Facilities provided for an estimated cost of $13,228,000., and that an analysis of actual costs incurred and expected to be incurred shows that the actual cost of the Plant improvement are expected to be well under $13,228,000., and at least sufficiently under that amount to allow for a change order in the amount indicated above, without the need for a further Town Law §202-b proceeding, and WHEREAS, the Town Board of the Town of Queensbury has also been advised that funds exist within the Queensbury Consolidated Water District budget to allow for payment of the reconstruction and/or replacement of the filter, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, based on all information, including that recited hereinabove, determines that the replacement and/or reconstruction of the water filter at the Plant can and should proceed as a change order item, since this extra project is consistent with and could have been a part of the original Plant Expansion Project, and would have been a part of said Project, had the Board known that this type of problem would occur, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury further determines that based on a review of the schedule for developing bid documents and specifications and ultimately having the work done in connection with the same, there would not be time to replace and/or reconstruct the failed water filter before the summer months when the need for water will be at its greatest, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury further determines that the provision of sufficient and safe drinking water is a matter of public health and serious concern, and to accomplish the same, it is necessary to declare this an emergency situation, which requires immediate action that cannot await bidding, and BE IT FURTHER, RESOLVED, that based on the authority set forth and described hereinabove and the circumstances likewise set forth and described hereinabove, together with all supporting documentation, the Town Board of the Town of Queensbury hereby authorizes the Town Supervisor to execute a Change Order with U. W. Marx, Inc., providing for the reconstruction and/or replacement of the failed water filter at the Queensbury Consolidated Water District Treatment Plant, at a cost not to exceed $330,000., to be payable from Account No.: 040-8320-2899, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized and directed to take all steps necessary, including the execution of any appropriate documents and the placing of the Town's seal on any of the appropriate documents as may be necessary to cause the work authorized herein to be carried out and accomplished. Duly adopted this 5th day of February, 1996 by the following vote: AYES: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT:None