410.2020 Environmental & Fueling System underground Storage Fuel Tank Replacement at Water Dept.
NOTICE OF ADOPTION
At a Regular Meeting of the Town Board of the Town of Queensbury held on December, 21,
2020 at the Queensbury Center, Town of Queensbury, 742 Bay Road, Queensbury, New York,
the following was adopted and is subject to permissive referendum:
RESOLUTION AUTHORIZING PROPOSAL OF ENVIRONMENTAL &
FUELING SYSTEMS FOR UNDERGROUND STORAGE FUEL TANK
REPLACEMENT AT WATER DEPARTMENT
RESOLUTION NO.: 410, 2020
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, by Resolution No.: 282,2020, the Queensbury Town Board authorized
establishment of Water Treatment Plant Campus Improvements Capital Project No. 232 in the
amount of $150,426.48 to establish funding for expenses related to the repairs and improvements
at the Water Treatment Plant Facility/Campus, and
WHEREAS, the Town Water Superintendent has recommended that the Town Board
authorize replacement of an underground storage fuel tank at the Town Water Department (Project) as
the present tank is nearing the end of its 30 year old warranty period and the Town would incur
significant expense to upgrade the tank to meet current EPA regulations, and
WHEREAS, New York State Office of General Services (OGS) awarded a Contractor’s
Proposal to Environmental & Fueling Systems (EFS) for Design and Construction work related to
OGS Project No.: 45531C - Fuel Tank Modification and Environmental Remediation Program -
which the Town Purchasing Agent and Town Counsel have determined meets the requirements of
New York State General Municipal Law and the Town’s Purchasing Policy (hereinafter called the
OGS Agreement), and
WHEREAS, the OGS Agreement program includes the Northern Region, a geographical area
in the State of New York containing Warren County and the OGS Agreement provides that EFS may
propose for design and construction projects within the Northern Region 8, and
WHEREAS, the New York State Legislature adopted legislation allowing any political
subdivision in New York State to “piggyback” off an existing County/State Bid and therefore, due to
the agreeable and advantageous terms represented by OGS in this instance, the Town of Queensbury
wishes to piggyback with the OGS Agreement, and
WHEREAS, the Town of Queensbury will adhere to all New York State bidding
requirements, and
WHEREAS, EFS has submitted a Contractor’s Proposal dated 12/14/20 for the Project in the
amount of $181,067 and the Water Superintendent has requested Town Board approval to accept the
Proposal, and
WHEREAS, the Town Board wishes to authorize such Project, with funding to be from Water
Capital Reserve No.: 65, and
WHEREAS, in accordance with New York State General Municipal Law §6(c), the Town
Board is authorized to withdraw and expend funds from Water Capital Reserve No.: 65 subject to
permissive referendum, and
WHEREAS, the Water Superintendent has advised the Town Board that there are times
when Change Orders may become necessary for the Project and has requested that the Town
Board also authorize him to approve and sign certain Change Orders up to a 10% contingency for
Change Orders that he deems necessary or appropriate,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes Environmental & Fueling
Systems’ 12/14/20 Contractor’s Proposal in the amount of $181,067 substantially in the form
presented at this meeting and in accordance with NYS OGS Project No. 45531-C to be paid from
Capital Expense Account No.: 232-8130-2899, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes the Town Water Superintendent to
approve and sign Change Orders pertaining to the Contract up to a 10% contingency or in the
total amount not exceeding $18,108 that he deems necessary or appropriate, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby finds that the withdrawal and expenditure for this
Project is an expenditure for a specific capital project and/or certain maintenance project for which the
Water Capital Reserve Account No.: 65 was established, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes the Town Budget Officer to take all
actions necessary to amend the Town Budget and effectuate the transfer from Water Capital Reserve
No.: 65 in the amount of $199,175 to Capital Expense Account No.: 232-8130-2899 to fund such
purchase, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs an increase in funding in
the Capital Project by transferring $199,175 from Capital Reserve No. 65 to the Capital Project as
follows:
040-9950-9030-0065 Transfer to Capital Project - $199,175
232-0000-55031 Interfund Transfers - $199,175
232-8310-2899 Capital Construction - $199,175
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 establish such appropriations and estimated revenues,
and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute the Proposal, any other needed Agreement and/or documentation between the Town and
EFS in form acceptable to the Town Supervisor, Water Superintendent, Town Budget Officer
and/or Town Counsel, and the Town Supervisor, Water Superintendent, Town Budget Officer
and/or Town Counsel to take any and all actions necessary to effectuate the terms of this
Resolution and
BE IT FURTHER,
RESOLVED, that this Resolution is subject to a permissive referendum in accordance with the
provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town Clerk
to publish and post such notices and take such other actions as may be required by law.
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Duly adopted this 21 day of December, 2020, by the following vote:
AYES: Mr. Ferone, Mrs. Magee, Mr. Strough, Mr. Metivier, Mr. Freer
NOES: None
ABSENT: None
I, Rose Mellon, Deputy Town Clerk I of the Town of Queensbury, Warren County, New York, do
hereby certify that I have compared the foregoing with the original Resolution as listed above adopted
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at a Regular meeting of the Town Board of the Town of Queensbury held on the 21 day of December,
2020 at which a quorum was present and that the same is a correct transcript therefrom and of the
whole original thereof to date.
IN WITNESS THEREOF, I have hereto set my hand and the SEAL of said Town of Queensbury, this
nd
22 day of December, 2020.
SEAL SIGNED:______________________________________
Rose Mellon
Deputy Town Clerk I
Town of Queensbury