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526.93 1 RESOLUTION REGARDING PREPARATION OF MAP, PLAN & REPORT ON BEHALF OF QUEENSBURY CONSOLIDATED WATER DISTRICT RESOLUTION NO. 526, 93 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury previously studied expansion proposals for the Water Treatment Plant situated in the Queensbury Consolidated Water District, and WHEREAS, the Town Board of the Town of Queensbury previously authorized and sent out requests for proposals for engineering services in connection with the development of a map, plan, and report, and design and construction phases of such a proposed Water Treatment Plant Expansion, and WHEREAS, the Town Board of the Town of Queensbury, after reviewing the responses received in connection with the Requests for Proposals has decided that O'Brien & Gere Engineers, Inc., would be the appropriate engineer for the Town to retain in connection with the services needed for expansion of the Water Treatment Plant, and WHEREAS, the Town Board of the Town of Queensbury, at this time, desires to proceed with the development of a map, plan, and report concerning the proposed expansion of the Water Treatment Plant, and WHEREAS, following receipt of the map, plan & report, the Town Board of the Town of Queensbury will then hold a public hearing and consider the same in accordance with Town Law §202-b, and WHEREAS, an agreement has been presented at this Town Board meeting, which agreement provides for services by O'Brien & Gere Engineers, Inc., for the map, plan, and report, as well as design and construction phase services for the Water Treatment Plant Expansion, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the preparation of a map, plan, and report in connection with the proposed expansion of the Water Treatment Plant, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby 2 approves the agreement between the Town of Queensbury and O'Brien and Gere Engineers, Inc., presented at this meeting, and hereby further authorizes the Town Supervisor of the Town of Queensbury to execute the agreement on behalf of the Town of Queensbury, and to take such other and further steps as may be necessary to undertake performance under the aforesaid agreement, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby notes that although the agreement provides for all engineering services for the Water Treatment Plant Expansion, the same also allows the Town to terminate the agreement upon 10 days written notice and/or at the end of any phase, and therefore, the Town Board will be able to freely determine whether to proceed or not to proceed with the expansion project following the required Town Law §202-b hearing, and BE IT FURTHER, RESOLVED, that payment of the services will be made from, the Appropriate Account, a new Capital Project Fund. Duly adopted this 20th day of September, 1993, by the following vote: AYES: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES: None ABSENT: None DISCUSSION BEFORE VOTE: Attorney Dusek-I have something on this for you. There was an addendum that I had prepared and attached to this agreement. Late this afternoon, probably around three or so, four o'clock, I got a call from O'Brien and Gere, one of their people associated with them and they had generally, they said things were looking pretty good but they had a couple of things with the addendum. Unfortunately, I got disrupted and wasn't able to continue the call with them. So, I don't know now with the changes were. So, I don't know if the Board wants to leave those modifications to me to work out or whether you would rather hold on the resolutions. Councilman Caimano-Well, we could pass the resolution as is based upon what O'Brien and Gere says and we'll have to leave it up to you to come back to us and say, look, they've made substantial changes here or we can just leave it open. Councilman Monahan-I think we ought to just leave it. 3 Supervisor Brandt-Yea and if they're not substantial changes, we can move ahead. I'd rather do that. Councilman Caimano-I don't mind moving ahead, provided we're going to put the monkey on your back though and that is that you're going to listen to them, if there's a substantial change, you'll have to tell us right away. Supervisor Brandt-And come back and revisit it. Councilman Caimano-I just hate to keep sitting on this thing, if we don't have to. Supervisor Brandt-I do too because it was clearly understood that the way the bid was, we had to move this thing rapidly and it's starting to bog down and I'd like to keep it moving. Councilman Monahan-I just have a few questions if I could on this contract. Councilman Caimano-I have a question too, myself but go ahead. Councilman Monahan-Page 3 of the contract where it says changes. Changes, owner agrees to pay engineer on the basis of salary cost times a multiplier of 2.6 for design personnel and 2.4 for construction division personnel, or as otherwise mutually agreed upon. I just want to say, they're going to have to prove that multiplier 2.6 to me. When they look at what they call salary cost up here, they've put in everything in salary cost but the kitchen sink and then they want to multiply it times 2.6. Attorney Dusek-This agreement doesn't provide, that's for the extras, the agreement Councilman Monahan-I know, that's what I'm talking about, extras. Attorney Dusek-Okay because Councilman Monahan-I'd hate to be paying for extras, they've got everything in salary cost, unemployment, comp., everything and then they want to take and multiply that times 2.6 and they've got practically everything in there. Attorney Dusek-Okay, if you agree to this, you're agreeing to that 2.6. Councilman Monahan-Well, I'm just saying there's otherwise mutually agreed upon, I Councilman Caimano-No, but there's a caveat that goes before that Betty. The first part of that says, in the event that material changes in plans or scope of the work are directed. 4 Councilman Monahan-But there's always changes. I just want to say that I mean, I'm not saying don't pass this. What I'm saying is, I want to go on the record right now, if the changes come, I want to look at otherwise mutually agreed upon because 2.6, unless they can prove that to me, is an exorbitant multiplier. Councilman Caimano-It's a pretty wide open Councilman Monahan-You bet your life it is. Councilman Caimano-Group there anyway. Councilman Monahan-And there was another couple of things. Supervisor Brandt-Wait a minute, though. If we're going to approve this contract, it's as written. Attorney Dusek-That's the problem. Councilman Monahan-I realize that but I'm just saying that Supervisor Brandt-Well, then what's the figure we should be, what are you trying to strive for? Councilman Monahan-I guess I want to see the proof of where they're coming up with 2.6. Councilman Caimano-Well, I think Councilman Tucker-Then, I guess we can't approve the contract. Councilman Caimano-I think that there's two things that mitigate that. Again, the opening sentence and the last part of the sentence which says, or as otherwise mutually agreed upon. Councilman Monahan-Yea, that's what I'm banking on too. Councilman Caimano-So, I don't think we're locked into anything. Councilman Monahan-So, I'm just saying right now, that, you know, I'm going to question that if the time ever comes. Councilman Caimano-Okay. Attorney Dusek-The agreement provides for a flat sum to be paid for each one of the functions. Councilman Monahan-I realize that, I'm talking about change orders. Attorney Dusek-So, right but 5 Councilman Monahan-I've been through construction stuff. Attorney Dusek-But and then the agreement also says though, if there are changes, this is what you're going to pay. Councilman Monahan-No, it says or as mutually agreed upon. Councilman Caimano-Or otherwise mutually agreed upon, there's a caveat in there that opens it wide up. Councilman Monahan-Yea, there is and that's why I wanted to bring it to the attention right now. Councilman Tucker-But if they don't agree, they're going to charge you 2.6. Councilman Caimano-It says, mutually agreed, that's two of us. Councilman Monahan-Okay, page 1.2. Deliverables, 1 dash 2, excuse me. Task 1 Deliverables. The deliverables of Phase 1, Task 1, will be the following; map, plan and report, assistance with and attendance at public hearing. I just want to know if there's going to be a preliminary public information meeting because usually we've had preliminary public information meetings that kind of let the people know how this is going before we get right down to the final map, plan and report? And that's just a question I have. I have another question, page Supervisor Brandt-Well, wait a minute, let's address that one before we go on. Councilman Monahan-Well, I'm just bringing up the whole series of things and you guys can talk about them. 1 dash 4. Councilman Caimano-Well, why don't we just handle them as we go? Supervisor Brandt-We'd like to talk about them. Councilman Monahan-Alright. Supervisor Brandt-Let's take them one at a time and talk about them. Councilman Caimano-That's fine with me, actually. Supervisor Brandt-What's that? Councilman Caimano-Having, you know, open it up to a public information meeting. Councilman Monahan-Don't you think there should be? That's when you get some of the things that may change your map, plan and 6 report from public comment. Attorney Dusek-Now, if you do that though, that would be an extra charge. Councilman Monahan-It's going to be another charge. Attorney Dusek-Right, under this agreement, unless they were willing to stick it in. Councilman Monahan-But I'm trying to remember during that meeting that we sat and discussed that with them, if they said they would do that. Do you remember? I've got notes but they're home. Councilman Caimano-We did talk about it but I don't remember what was said. Councilman Monahan-I thought we talked about it and was part of the thing. Supervisor Brandt-I don't understand. If you have a public hearing, you get input and then you can change what you're doing. Councilman Monahan-Yea, but they've already done the map, plan and report and then they're having the public hearing after that and then that's when you get into changes that cost you money. Where if you have a public information meeting ahead of time, you get some of the changes that you might want before you go to the final map, plan and report that they put so much money on. It's just a preliminary step that we've done sometimes. Supervisor Brandt-But I think we've been doing that for a period of time and it seems to me that you really have to move with a map, plan and report so that you have hard figures so that you're looking at something specific for people to, to get their comments on. I think we've talked about this thing for years and it looks like it's time to move it. I think we, we basically made the decisions. We said this is what we're going to do. So, as far as I'm concerned, I'd like to go with the map, plan and report and have a public hearing on it. Councilman Monahan-1 dash 4. Supervisor Brandt-Is that resolved with the, with the, Nick, you're agreed? Councilman Caimano-Yea, I agree. Supervisor Brandt-Pliney? Councilman Tucker-Yup. Supervisor Brandt-Sue? Okay, that's settled. 7 Councilman Monahan-1 dash 4, my question was and I got two different feelings as I read this document and that's why I'm asking the question. Whose paying for the borings? Councilman Tucker-I don't know. Councilman Monahan-You go on later on in the document and it talks like that's part of their contract but in this part, I can't quite decide what they're saying. Supervisor Brandt-Ralph, do you remember that? Mr. Ralph VanDusen, Deputy Superintendent of Water-I don't. In the past we've done contracts where we've paid or it's been included in the engineering fees. Councilman Caimano-It says very specifically, make necessary arrangements. Mr. VanDusen-I'm under the impression that we're going to pay. They're going to make, they're going to coordinate but I think the town will pay the bill. Attorney Dusek-The way this is written, I'm just looking it over now is that you would pay for the borings. Councilman Monahan-Yea, it says we will provide on-site drilling inspections. Councilman Caimano-That's right, right. Supervisor Brandt-Okay. Councilman Monahan-But later on, some other borings they're going to do, it sounds like that they're going to do or be responsible for, you know, in another phase of it. Supervisor Brandt-Where is that? Because this we're saying, we're paying for. Councilman Caimano-It looks that way. Mr. VanDusen-I think there was a listing of four and five borings that were included ... the town's paying for. Councilman Monahan-This is a total of hundred and eighty-five feet, that sounds like the town is going to pay for it, Ralph. Mr. VanDusen-I think so. Councilman Monahan-And Paul, I was glad that in your resolution, 8 you tightened up those change orders that they have to be approved by the town before they can even start on a change order. Attorney Dusek-Well, I think that's just a good idea. Councilman Monahan-Yea, because we've run into trouble with that before and you were very specific about that and they we're not, really. And that was the extent of my comments. Councilman Caimano-I have a question on the addendum, Paul, on page 2, number 5. It talks about, in the event that termination of the agreement occurs during that time the engineer is performing one of the services, etcetera, etcetera, etcetera, the engineer will be paid for that percentage of the work competed in that phase. Who determines that, them or us? Attorney Dusek-Well, initially under the agreement, they would determine it as they do even under the main agreement because they submit bills as to the percentages. If you wanted to contest that, obviously, that would be the grounds for Councilman Caimano-But the original determination is theirs? Attorney Dusek-Yes. Councilman Caimano-Okay. Councilman Tucker-Yea, they tell you when they're ready for money. Councilman Monahan-They do that when they submit the bill. Councilman Caimano-Yea, I just want to make sure. Attorney Dusek-I should mention to you too, importantly, what the addendum adds in, is that you can terminate after any phase too. So, you're not forced to go on if things aren't to your satisfaction. Councilman Monahan-The only thing I saw that you made different, well, that article 5 you made a little different but it wasn't that much different. Is that what they're objecting to? Attorney Dusek-I didn't get a chance to finish the conversation with them. Councilman Monahan-Oh, so you don't know what it was. Attorney Dusek-No. Supervisor Brandt-Have you discussed this with our Water Department, for their input? 9 Attorney Dusek-Yes, when I got the contracts in, I sent a copy over to Tom Flaherty and spoke with Tom on the phone who indicated that, he gave me a couple of concerns which I did in fact address in the addendum and then he indicated that the technical specs as far as he was concerned looked alright. Supervisor Brandt-Okay. Attorney Dusek-There's one thing you do have to do is, do you have a contact person that you're going to, in paragraph 17, that you'll name? Councilman Caiman-Oh, that's right we do. Councilman Monahan-I would think it would be Tom as head of the Water Department. Councilman Caimano-At this stage of the game, it's got to be the Chairman of the Water Department, it seems to me. Councilman Monahan-You mean Tom? Councilman Caimano-Tom, yes. Councilman Monahan-Yea, Superintendent. Councilman Caimano-Superintendent, I said Chairman. Supervisor Brandt-I have no problem with that. Pliney? Councilman Tucker-No. Supervisor Brandt-Sue? Okay, so Tom Flaherty would be the contact person. Okay, the motion is made and second, any other discussion? Please vote.