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3.09 3.9 BIDS\\AWARD Bid Ridge Road Water Main Replacement – Carver Construction – Pay from BAN Proceeds -3-22-2021 RESOLUTION AUTHORIZING AWARD OF BID TO CARVER CONSTRUCTION FOR RIDGE ROAD WATER MAIN REHABILITATION AND LINING PROJECT RESOLUTION NO.: ____________________________________________, 2021 INTRODUCED BY: ____________________________________________ WHO MOVED ITS ADOPTION SECONDED BY: ____________________________________________ WHEREAS, the Queensbury Town Board duly established the Town of Queensbury Consolidated Water District (the "District") in accordance with New York Town Law, and WHEREAS, the Town Board wishes to improve the District’s water transmission facilities by rehabilitating certain existing water main along Route 9L/Ridge Road between Route 254/Quaker Road and Cronin Road (Project) in accordance with Town Law §202-b, and WHEREAS, by Resolution No.: 83,2019, the Town Board authorized engagement of The Chazen Companies (Chazen) for professional Design, Bidding and Construction Phase Engineering Services related to the Project, and WHEREAS, by Resolution No.: 126,2020 the Town Board authorized the Project and for the purpose of paying the cost of the Project, by Resolution No.: 155,2020 the Town Board authorized the issuance of up to of $1,700,000 in Serial Bonds or Bond Anticipation Notes to pay the cost of 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, and WHEREAS, by Resolution No.: 128,2020, the Town Board authorized such advertisement for bids and Chazen, the Water Superintendent and/or Purchasing Agent accordingly prepared bid documents and specifications, and th WHEREAS, on March 11, 2021, the Town Purchasing Agent duly received and publicly opened all bids, and WHEREAS, Chazen, the Water Superintendent and Purchasing Agent have recommended that the Town Board award the bid to Carver Construction, the lowest, responsible bidder who met all bid requirements, for an amount not to exceed $1,295,145, and WHEREAS, the Water Superintendent has advised the Town Board that there are times when Change Orders may become necessary for such Project and has requested that the Town Board also authorize him to approve and sign certain Change Orders up to a 5% contingency ($64,757) 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 rehabilitation of certain existing water main along Route 9L/Ridge Road between Route 254/Quaker Road and Cronin Road (Project) from the lowest, responsible bidder meeting all bid requirements, Carver Construction, for an amount not to exceed $1,295,145 to be paid for from Capital Construction Account No.: 225-8540-2899, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute an Agreement between the Town and Carver Construction in form acceptable to the Town Supervisor, Water Superintendent, Town Budget Officer and/or Town Counsel, and 2 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Water Superintendent to approve and sign Change Orders pertaining to the Project up to a 5% contingency or in the total amount not exceeding $64,757 that he deems necessary or appropriate, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Purchasing Agent, Water Superintendent, Town Budget Officer and/or Town Counsel to take any and all action necessary to effectuate the terms of this Resolution. nd Duly adopted this 22 day of March, 2021, by the following vote: AYES : NOES : ABSENT: 3 THE CAPITAL DISTRICT OFFICE Chazn tand5urveyors Troy, NY 12180 — E COMPANIES'Environmental&Safety Professionals P:518.273.0055 or 888.539.9073 Landscape Architects www.chazencompanies.com Proud to be Employee Owned Transportation Planners&Engineers March 17,2021 Mr.Chris Harrington, P.E. Water Superintendent& Director of Wastewater 742 Bay Road Queensbury, New York 12804 Re: Ridge Road Water Main Rehabilitation&Lining Project • Town of Queensbury, Warren County, New York Chazen Project No. 91900.06 Dear Mr. Harrington: On Thursday,March 11,2021,bids were opened for the Ridge Road Water Main Rehabilitation&Lining Project. Three (3) bids were received.A summary of the bids is attached for reference. The apparent low bidder was identified as Carver Construction, Inc. Total Bid: $1,295,145.00 The Chazen Companies (Chazen) has reviewed the submitted bids for completion of Specification Sections 004113 through 004900, representing"The Bid".Additionally, Chazen has completed background verifications of the low bidder which included confirming adequacy of the bid bond,review of prior contract work completed similar in nature to the work proposed,and success of prior work efforts. The following documentation is attached and was reviewed during the background verification: • Bid • Bid Bond • Reference Verification Responses Based on the above evaluation,Chazen has determined Carver Construction,Inc.,with corporate offices located at 494 Western Turnpike,Altamont, NY 12009,to be a responsive and responsible bidder. Therefore, Chazen takes no exception to the Town of Queensbury's award of the Ridge Road Water Main Rehabilitation &Lining to Carver Construction, Inc. Chazen recommends that the Town budget for the bid values plus a 10%contingency. If the Town awards the Bid,the recommended construction budget would be$1,425,000.00. The Notice of Award is attached for the Town's execution. Please contact me at(518) 266-7347 if you have any questions regarding this matter. HUDSON VALLEY• CAPITAL DISTRICT• NORTH COUNTRY•WESTCHESTER• NASHVILLE,TN Chazen Engineering, Land Surveying&Landscape Architecture Co., D.P.C. (New York) Chazen Engineering Consultants,LLC(Tennessee) Mr.Chris Harrington,P.E., Water Superintendent&Director of Wastewater March 17,2021 Page 2 of 2 Sincerely, ponsi4.0, Eric P.Johnson, P.E. Principal Director, Municipal Engineering • BID OPENING RESULTS FOR: RIDGE ROAD WATER MAIN REHAB PROJECT March 11,2021 Bid Opening 2:00 PM Opened by:Joanne Watkins Witnessed by: Chris Harrington,Zack Baxter,Chazen COMPANY NAME& BASE BID BID ITEM CONTIN TOTAL BID IRAN NON- ADDRESS AMOUNT NO2 GENCY DIVEST COLLUSIVE $40,000 MENT BID CERT CARVER $1,251,395 $3,750 $40,000 $1,295,145 YES YES CONSTRUCTION ALTAMONT,NY TRINITY $1,397,743 $5,000 $40,000 $1,442,743 YES YES CONSTRUCTION SELKIRK,NY GALUSHA&SONS INC $1,254,000 $2,500 $40,000 $1,296,500 YES YES QUEENSBURY, BID ITEM DESCRIPTIONS: PART 1—WORK DESCRIPTION Bid Item No.1—Ridge Road Water Main Rehabilitation&Lining Project Under this item the Contractor shall complete all work including and associated with: rehabilitation by structural lining of approximately 4,700-linear feet of 6-and 8-inch water main;replacement of approximately 200-linear feet of 8-and 6-inch water main;and all work along Ridge Road as identified within the contract drawings. PART 2—WORK INCLUDED Mobilization. General Provisions. Exploratory excavations. Dig Safely NY Clearances. Utility mark-out. Maintenance and Protection of Traffic. Protection of open trenches/excavation pits. Protection of existing facilities,structures,and utilities. Installation,maintenance,and protection of temporary water service. Temporary or permanent relocation of existing gas utility as required to execute the work. Coordination with utility companies. Erosion and sediment control. Dust control. Rough grading. Final grading. Saw-cutting,removing,and disposing of asphalt/concrete pavement. Saw-cutting,removing,and disposing of concrete gutter. Trenching for utilities. Excavation pits for structural lining. Temporary excavation support and dewatering. Furnishing,spreading,and compacting bedding material. Furnishing,spreading,compacting,and grading backfill and subbase material. Removal and disposal of surplus material. Furnishing and installing water main and associated appurtenances. EJCDC°C-410,Bid Form for Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 4 of 6 CCTV inspection and pipe cleaning. Rehabilitating existing water main by structural lining. Connecting to existing water mains. Furnishing and installing gate valves,valve boxes,and fittings. Furnishing and installing hydrant assemblies. Removing valves,valve boxes,fittings,and/or appurtenances. Asphalt paving. Repair of damaged utilities. Periodic and final cleanup. Site restoration(seeding and mulching). Disinfection of water mains. All necessary and required testing. Preparation of record drawings. PART 3—ASSOCIATED WORK NOT INCLUDED Rock Removal. Work associated with the contingency allowance. PART 4—METHOD OF PAYMENT Payment for this item will be made at lump sum price. PART 5—METHOD OF MEASUREMENT The price bid for this item shall include the cost of furnishing all labor,equipment,instruments and other material necessary to satisfactorily complete the work. Bid Item No.2—Rock Removal PART 1 -DESCRIPTION Under this item,the Contractor shall furnish all materials, labor and equipment necessary to remove rock as necessary to complete the work. PART 2—WORK INCLUDED Rock Removal. Furnish all materials, labor,and equipment necessary to complete work as directed and authorized by the Engineer. EJCDC®C-410,Bid Form for Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 5 of 6 • PART 3—ASSOCIATED WORK NOT INCLUDED Work associated with Bid Item No. 1. Work associated with the contingency allowance. PART 4—METHOD OF PAYMENT Payment for this item will be made on a unit price basis. Final payment will be based on actual in place quantities,as determined by the Owner or Owners representative. Bid Item No.3—Contingency Allowance PART 1 -DESCRIPTION Under this item,the Contractor shall furnish all materials,labor and equipment necessary to complete field directed landscape restoration and replacement work as locations, materials and matter directed and authorized by the Engineer. PART 2—WORK INCLUDED General provisions. Periodic and final cleanup. Furnish all materials, labor,and equipment necessary to complete work as directed and authorized by the Engineer. PART 3—ASSOCIATED WORK NOT INCLUDED Site restoration. PART 4—METHOD OF PAYMENT Payment for this item will be made on a lump sum price or time and material basis for each incident where directed and approved by the Engineer. Unused portions of the allowance will be credited to the Owner. PART 5—METHOD OF MEASUREMENT The method of measurement for payment will based upon the mutually agreed method for work completed in accordance with the Contract Documents. EJCDC®C-410,Bid Form for Construction Contract. Copyright®2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 6 of 6 RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS FOR RIDGE ROAD WATER MAIN REHABILITATION AND LINING PROJECT RESOLUTION NO.: 128, 2020 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Queensbury Town Board duly established the Town of Queensbury Consolidated Water District(the "District") in accordance with New York Town Law, and WHEREAS, the Town Board wishes to improve the District's water transmission facilities by rehabilitating certain existing water main along Route 9L/Ridge Road between Route 254/Quaker Road and Cronin Road(Project) in accordance with Town Law §202-b, and WHEREAS, by Resolution No.: 83,2019, the Town Board authorized engagement of The Chazen Companies (Chazen) for professional Design, Bidding and Construction Phase Engineering Services related to the Project, and WHEREAS, by prior Resolution the Town Board has authorized the Project and the Town Water Superintendent has accordingly requested Town Board authorization to advertise for bids 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 to be prepared by Chazen, the Water Superintendent and/or Town Purchasing Agent, NOW, THEREFORE,'BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Purchasing Agent to post and publish an advertisement for bids regarding the improvement to the Queensbury Consolidated Water District's water transmission facilities by rehabilitating certain existing water main along Route 9L/Ridge Road between Route 254/Quaker Road and Cronin Road as delineated in the preambles of this Resolution and receive all bids, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town's Purchasing Agent to open all received bids, read them aloud and record the bids as is customarily done and present the bids to the next regular or special meeting of the Town Board, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Water Superintendent, Purchasing Agent, Chazen and/or the Town Budget Officer to take any and all actions necessary to effectuate all terms of this Resolution. Duly adopted this 23rd day of March, 2020, by the following vote: AYES : Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES : None ABSENT: Mrs. Switzer RESOLUTION AUTHORIZING THE ISSUANCE OF UP TO $1,700,000 IN SERIAL BONDS OF THE TOWN OF QUEENSBURY TO PAY THE COST OF ACQUISITION, CONSTRUCTION, AND INSTALLATION OF WATER DISTRICT IMPROVEMENTS ALONG RIDGE ROAD; AND AUTHORIZING THE ISSUANCE OF UP TO $1,700,000 IN BOND ANTICIPATION NOTES OF THE TOWN OF QUEENSBURY FOR THE SAME PURPOSE RESOLUTION NO.: 155,2020 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board duly established the Town of Queensbury Consolidated Water District(the "District") in accordance with New York Town Law, and WHEREAS, the Town Board wishes to improve the District's water transmission facilities by rehabilitating an existing water main along Route 9L/Ridge Road between Route 254/Quaker Road and Cronin Road in accordance with Town Law §202-b, and WHEREAS, the improvements were duly authorized by the Town Board after receipt of a Map, Plan and Report, holding a Public Hearing on the proposed District improvements and determining that the improvements were in the public interest, and WHEREAS, the Town Board wishes to finance the improvements for the District; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK, AS FOLLOWS: Section 1. The specific object or purpose for which the obligations authorized by this Resolution are to be issued is the acquisition, construction, and installation of improvements to the District's water transmission facilities consisting of rehabilitation of the Class IV structural lining of an existing water main along Route 9L/Ridge Road between Route 254/Quaker Road and Cronin Road, and further including related preliminary and incidental costs (the "Project"), all as detailed in the Map and Plan in the form of an engineering report prepared pursuant to New York Town Law Section 202-b. Such specific object or purpose is hereby authorized at a maximum estimated cost of One Million Seven Hundred Thousand Dollars ($1,700,000). While the Town Board did not and does not estimate that the costs will exceed the amount of One Million Three Hundred Seventy Four Thousand Dollars ($1,374,000) in the engineering report and hearing held pursuant to Town Law Section 202-b, this authorized amount is slightly higher than such amount in order to account for a possible unforeseen increase in costs resulting from the emergency arising from the COVID-19 Pandemic. Section 2. The plan for the financing of such maximum estimated cost is the issuance of up to of One Million Seven Hundred Thousand Dollars ($1,700,000) in serial bonds or bond anticipation notes of the Town on behalf of the District, hereby authorized to be issued pursuant to the Local Finance Law. The proceeds of the bonds or bond anticipation notes may be used to reimburse expenditures paid by the Town from other funds or otherwise on or after the date being 60 days prior to the date of adoption of this Bond Resolution. The Town may submit applications for grants and/or low interest loans from the New York State Environmental Facilities Corporation (EFC) and/or other funding source(s) and, to the extent that any such moneys are received, may apply such funds to the payment of principal and interest on the bonds or bond anticipation notes. Pursuant to Local Finance Law Sections 107.00[d][3](a) and 107.00[d][9], no down payment from current funds is required. Section 3. The Town Board anticipates that the Town may pay certain capital expenditures in connection with the Project prior to the receipt of the proceeds of the Bonds. The Town Board hereby declares its official intent to use Bond proceeds to reimburse the Town for such Project expenditures occurring within sixty (60) days prior to adoption of this Resolution. This section of the Resolution is adopted solely for the purpose of establishing compliance with the requirements of Section 1.150-2 of the Treasury Regulations and does not bind the Town to make any expenditure, incur any indebtedness or proceed with the acquisition, construction and installation of the Project. Section 4. It is hereby determined that the period of probable usefulness of the specific object or purpose is forty (40) years, pursuant to Section 11.00(a)[1] of the New York 2 Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five (5) years. Section 5. The faith and credit of the Town of Queensbury, Warren County, New York, are hereby irrevocably pledged- for the payment of the principal of and interest on such obligations as they become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such years. There shall annually be levied on all the taxable real property of the District a fee sufficient to pay the principal of and interest on such obligations as they become due and payable. Section 6. For the purpose of paying the cost of the Project, including related preliminary and incidental costs, there are hereby authorized to be issued serial bonds of the Town up to a maximum amount of$1,700,000, the maximum maturity of which shall not exceed the forty (40) year period of probable usefulness set forth above, and which shall mature on or before the date of the expiration of the period of probable usefulness as measured from the date of the bonds or from the date of the first bond anticipation note issued in anticipation of the sale of such bonds, whichever date is earlier. The bonds may be issued in the form of a statutory installment bond. Section 7. There are hereby authorized to be issued bond anticipation notes for the specific object or purpose in an amount up to but not exceeding the $4,700,000 maximum amount of serial bonds authorized to be issued, in anticipation of the issuance and sale of the serial bonds authorized, including renewals of such bond anticipation notes. Section 8. Any bond anticipation notes shall be payable from the proceeds derived from the sale of the bonds or otherwise redeemed in the manner provided by Section 23.00 of the Local Finance Law. The faith and credit of the Town are hereby irrevocably pledged for the payment of the bond anticipation notes and the interest on them. Section 9. There are no bond anticipation notes outstanding which have been previously issued in anticipation of the sale of these bonds. Neither are the bond anticipation notes hereby authorized renewal notes. These bond anticipation notes will be issued in anticipation of bonds for an assessable improvement. These notes shall mature at such time as 3 the Town may determine and may be renewed from time to time, provided that in no event shall such notes or renewals extend more than one (1) year beyond the original date of issue except as permitted in the Local Finance Law. Section 10. Subject to the terms and conditions of this Resolution and of the Local Finance Law, and pursuant to the provisions of Sections 30.00, 50.00 and 56.00 to 60.00, inclusive, of the Local Finance Law, the power to authorize bond anticipation notes in anticipation of the issuance of the serial bonds authorized by this Resolution and the renewal of these notes, and the power to prescribe the terms, form and contents of the serial bonds and bond anticipation notes and the power to sell and deliver the serial bonds and bond anticipation notes issued in anticipation of the issuance of the bonds is hereby delegated to the Town Supervisor, the Chief Fiscal Officer of the Town. The Town Supervisor is hereby authorized to sign any serial bonds and bond anticipation notes issued in anticipation of the issuance of the serial bonds and bond anticipation notes issued pursuant to this Resolution by manual signature, and the Town Clerk is hereby authorized to affix or impress or imprint a facsimile of the seal of the Town to any of the serial bonds or bond anticipation notes and to attest such seal by manual signature. The Town Supervisor, as Chief Fiscal Officer of the Town, is authorized to execute and deliver any documents and to take such other action as may be necessary and proper to carry out the intent of the provisions of this Resolution. Section 11. The exact date of issuance of the bonds and/or notes and the exact date upon which they shall become due and payable shall be fixed and determined by the Chief Fiscal Officer, provided, however, that the maturity of the notes or renewals shall not exceed one (1) year from the date of issue except as permitted by the Local Finance Law. Section 12. The Chief Fiscal Officer shall prepare the bonds and/or notes and sell them in accordance with the provisions of the Local Finance Law including, but not limited to, the provisions of Section 169.00, if applicable, and at such sale shall determine the interest rate to be borne by such bonds and/or notes. The Town Board authorizes the Chief Fiscal Officer to establish substantially level annual debt service or a declining annual balance for the repayment of such Bonds if he believes it is in the best interests of the Town. Section 13. If issued, the bonds and/or notes shall be in registered form, and shall bear interest at the determined rate. 4 • Section 14. The Chief Fiscal Officer shall deliver the bonds and/or notes to the purchaser only against a certified check or other immediately available funds. The proceeds of the sale of the bonds and/or notes shall be deposited and/or invested as required by Section 165.00 of the Local Finance Law, and the power to invest the proceeds of sale is hereby delegated to the Chief Fiscal Officer and the power to invest in any instruments described in Section 165.00 is expressly granted. Section 15. To the extent that it is permitted to do so under the Internal Revenue Code of 1986, as amended to the date hereof (the "Code"), the Town hereby designates the bonds and/or notes as "qualified tax-exempt obligations" under Section 265(b)(3) of the Code. The Town hereby covenants that, to the extent permitted under the Code in effect as of the date of issuance of any bonds and/or notes, it will (i) take all actions on its part necessary to cause interest on the bonds and/or notes to be excluded from gross income for purposes of Federal income taxes and (ii) refrain from taking any action which would cause interest on the bonds and/or notes to be included in gross income for purposes of Federal income taxes. Section 16. The Town of Queensbury is a town partially within the Adirondack Park. However, State lands subject to taxation within the Town's boundaries are assessed at less than thirty percent (30%) of the total taxable assessed valuation of the Town, so permission of the State Comptroller to issue the bonds and/or notes is not required under Local Finance Law Section 104.10(3). Section 17. Miller, Mannix, Schachner & Hafner, LLC, Glens Falls, New York, is hereby designated bond counsel. Section 18. The validity of these serial bonds and bond anticipation notes may be contested only if: (1) These obligations are authorized for an object or purpose for which the Town is not authorized to expend money; or (2) The provisions of law which should be complied with at the date of publication of this Resolution are not substantially complied with, and 5 an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication; or (3) Such obligations are authorized in violation of the provisions of the State Constitution. Section 19. The full text of this Resolution or a summary thereof shall be published in the Glens Falls Post Star, which has been•designated as the official newspaper of the Town, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 20. The question of the adoption of this Resolution was duly put to a vote on roll call which resulted as follows: ROLL CALL AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NAYS: None ABSENT: None The Resolution was declared duly adopted by a vote of not less than two-thirds (2/3) of the full membership of the Town Board. DATED: April 20, 2020 6 RESOLUTION AUTHORIZING PROPOSED IMPROVEMENTS OF QUEENSBURY CONSOLIDATED WATER DISTRICT FACILITIES- RIDGE ROAD WATER MAIN REHABILITATION AND LINING PROJECT RESOLUTION NO.: 126,2020 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board duly established the Town of Queensbury Consolidated Water District(the "District") in accordance with New York Town Law, and WHEREAS, the Town Board wishes to improve the District's water transmission facilities by rehabilitating certain existing water main along Route 9L/Ridge Road between Route 254/Quaker Road and Cronin Road(Project) in accordance with Town Law§202-b, and WHEREAS, by Resolution No.: 83,2019, the Town Board authorized engagement of The Chazen Companies (Chazen) for professional Design, Bidding and Construction Phase Engineering Services and establishment of the "Ridge Road Water Main Replacement Capital Project Fund#225," to fund expenses associated with the Project, and WHEREAS, Chazen has prepared an Engineer's Report issued March 3, 2020 concerning the Project together with an estimate of its cost, a copy of which Engineer's Report is duly filed in the Queensbury Town Clerk's Office and made available for public inspection and presented at this meeting, and WHEREAS, on March 9th, 2020, subsequent to the filing of the Map and Plan with the Town Clerk, the Town Board adopted Order No.: 107,2020 (Public Hearing Order) reciting (a) the proposed improvements; (b) the estimated amount proposed to be expended for the improvements; (c) the fact that an Engineer's Report describing the improvements is on file in the Town Clerk's Office; and (d) the time and place of a public hearing on the proposed Water District improvements, and WHEREAS, a public hearing on the proposed Water District improvements was duly held on Monday, March 23`d, 2020 and the Town Board has considered the evidence given together with other information, and WHEREAS, as detailed in the Map and Plan, this is a maintenance and repair project involving no substantial changes in an existing structure or facility, and therefore a Type II action under 6 NYCRR Section 617.5(c)(1) of the State Environmental Quality Review Act (SEQRA) regulations and therefore, no further environmental review is required, and WHEREAS, although the Town of Queensbury is a town partially within the Adirondack Park the District does not contain State lands assessed at more than thirty percent (30%) of the total taxable assessed valuation of the District, so permission of the State Comptroller to the proposed expenditure is not required under Town Law §202-b(5), WHEREAS, the cost of the improvements will be paid from various District funds being a combination of serial bonds and/or bond anticipation notes, current fund balance and/or current funds, and WHEREAS, the Town Board wishes to authorize the proposed Water District improvements in accordance with Town Law §202-b, and NOW,THEREFORE, BE IT RESOLVED,that it is the determination of the Queensbury Town Board that: 1. The Notice of Public Hearing was published and posted as required by law and is otherwise sufficient; 2 • 2. It is in the public interest to improve the water transmission facilities by rehabilitating certain existing water main along Route 9L/Ridge Road between Route 254/Quaker Road and Cronin Road in the Queensbury Consolidated Water District as described in the Map and Plan on file with the Queensbury Town Clerk, such improvements generally being the rehabilitation by a Class IV structural lining of certain existing water main along Route 9L/Ridge Road between Route 254/Quaker Road and Cronin Road in the Town of Queensbury; and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and approves the improvements to the Queensbury Consolidated Water District as set forth above and in the previously described Map and Plan and construction of the improvements may proceed and service provided subject to the following: 1. the obtaining of any necessary permits or approvals from the New York State Department of Health; and 2. the obtaining of any necessary permits or approvals from the New York State Department of Transportation; 3. the preparation of definite plans, specifications, a careful estimate of the expense and a proposed contract for the execution of the work and adoption thereof by the Town Board; and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the expenditure for the improvements as set forth above and in the Engineer's Report, in an amount estimated not to exceed $1,374,000, and 3 BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs 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. Duly adopted this 23rd day of March, 2020, by the following vote: AYES : Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. Strough NOES : None ABSENT: Mrs. Switzer 4 RESOLUTION AUTHORIZING ENGAGEMENT OF THE CHAZEN COMPANIES FOR PROFESSIONAL DESIGN, BIDDING AND CONSTRUCTION PHASE ENGINEERING SERVICES RELATED TO RIDGE ROAD WATER MAIN REPLACEMENT PROJECT AND ESTABLISHING CAPITAL PROJECT FUND #225 RESOLUTION NO.: 83,2019 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mrs.Jennifer Switzer WHEREAS, the Queensbury Town Board duly established the Town of Queensbury Consolidated Water District (the "District") in accordance with New York Town Law, and WHEREAS, the Town Board wishes to improve the District's water transmission facilities by replacing certain water main along Ridge Road between Quaker and Cronin Roads (Project), all in accordance with Town Law§202-b, and WHEREAS, the Town's Water Superintendent requested proposals for professional Design,Bidding and Construction Phase Engineering Services (Services)related to the Project, and WHEREAS, the Water Superintendent and Purchasing Agent have received and reviewed four (4) proposals, with the lowest, most responsible submitted proposal submitted by The Chazen Companies (Chazen), and therefore the Water Superintendent and Purchasing Agent have recommended that the Town Board authorize engagement of Chazen for such Services in the amount of$118,800 as delineated in Chazen's February 20, 2019 Proposal #PM19-011 presented at this meeting, and WHEREAS, the Water Superintendent has advised that there are times when Change Orders may become necessary related to such Services 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, and WHEREAS, the Town Board accordingly wishes to establish a Capital Project Fund related to the Project, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of The Chazen Companies (Chazen) for professional Design, Bidding and Construction Phase Engineering Services (Services) related to the Ridge Road Water Main Replacement Project (Project) for the amount of $118,800 as delineated in Chazen's February 20, 2019 Proposal #PM19-011 as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs establishment of the "Ridge Road Water Main Replacement Capital Project Fund #225," which Fund will establish funding for expenses associated with the Project, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the Town Water Superintendent to approve and sign Change Orders pertaining to such Services up to a 10% contingency or in the total amount not exceeding $11,880 that he deems necessary or appropriate, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that funding for such Capital Project shall be by using $130,680 of unappropriated, undesignated Fund Balance 040- 0000-0909 and transferring such balance to the Capital Project as follows: 2 1 , • 040-9950-9030 Transfer to Capital Project - $130,680 • 225-0000-55031 Interfund Revenue- $130,680 • 225-8340-2899 Capital Construction- $130,680 and • BE IT FURTHER, RESOLVED, that upon completion of the Project, any remaining funds shall be returned to Fund 40, 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 any needed agreements and/or documentation, and the Town Supervisor, Water Superintendent, Purchasing Agent and/or Town Budget Officer to take such other and further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 4th day of March, 2019, by the following vote: AYES : Mr. Ferone,Mrs. Switzer, Mr. Strough, Mr. Metivier NOES : None ABSENT: Mrs. Atherden 3