2016-78 2016-78
Resolution Ratifying And Confirming Actions To Be Taken Pursuant To Executive Order
No. 1 Of 2016 Issued For Emergency Repairs To The All Angels Hill Road Sewer Line
Between Cider Mill Loop And Edgehill Drive
At a Regular Meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on February
8, 2016.
The meeting was called to order by Lori A. Jiava, Town Supervisor, and upon roll being
called, the following was recorded:
✓Vote Record-Resolution RES-2016-78
Q Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑
❑ Defeated William H.Beale Seconder Q ❑ ❑ ❑
❑ Tabled William Ciccarelli Voter Q ❑ ❑ ❑
❑ Withdrawn John J.Fenton Voter Q ❑ ❑ ❑
Michael Kuzmicz Mover Q ❑ ❑ ❑
The following Resolution was introduced by Councilman Kuzmicz and seconded by
Councilman Beale.
WHEREAS, by Executive Order No. 1 of 2015, dated December 4, 2015, a Declaration
of Emergency was declared by then Supervisor, Barbara A. Gutzler, who declared an emergency
authorizing the immediate repair work for a sewer line failure along All Angels Hill Road; and
WHEREAS, during the course of the above-referenced repair work, another imminent
failure of the sewer line was discovered in the shoulder of All Angels Hill Road between Cider
Mill Loop and Edgehill Drive; and
WHEREAS,present Supervisor, Lori A. Jiava, directed the Engineer to the Town,
Robert J. Gray, P.E. of Morris Associates Engineering & Surveying Consultants, PLLC, to
prepare a Request for Proposal(RFP) for such repair work in accordance with plans and
specifications as prepared by Morris Associates and approved by the Dutchess County
Department of Public Works; and
WHEREAS,plans and specifications were prepared by Morris Associates and an RFP
was issued for the work required to repair the sewer line in the shoulder of All Angels Hill Road
between Cider Mill Loop and Edgehill Drive along All Angels Hill Road; and
WHEREAS, based on the recommendation of said Robert J. Gray, P.E., and Michael
Tremper of Camo Pollution Control, the Town's Water and Sewer Operator, the Town Board
previously determined that the work must be done on an expedited basis to avert further
catastrophe and the Town Board previously declared a public emergency and declared that this
additional repair work be undertaken as soon as circumstances permitted as set forth in
Resolution No. 2016-62, adopted by the Town Board on January 11, 2016; and
WHEREAS, RFPs were duly solicited for this work to be done and three proposals were
received on January 8, 2016 with Sun Up Enterprises, Inc. of Wappingers Falls submitting the
lowest bid for this emergency work, at proposal amount of$101,385.00 for Alternate 1 and at
proposal amount of$112,600.00 for Alternate 2 (both water and sewer pipe replacement); and
WHEREAS,pursuant to the recommendation of said Robert J. Gray and Michael
Tremper, the Town Board awarded the contract for this emergency work to Sun Up Enterprises,
Inc. for $112,600.00 for Alternate 2; and
WHEREAS, subsequent to the award of this contract to Sun Up Enterprises, Inc. as
stated above, and the consequence of constraints imposed by the Dutchess County Department of
Public Works on the proposed construction, the procedures required to remove the transite pipe
and dispose of it in accordance with NYS Department of Labor regulations, resulted in a large
increase in cost to do the work from $112,600.00 to $390,000.00 or more; and
WHEREAS, the collapse of the sewer pipe is still imminent; and
WHEREAS, said Robert J. Gray and Michael Tremper recommend that the proposed
emergency work be done in accordance with Alternate 1 as set forth in the above-referenced
RFP; and
WHEREAS, in accordance with the recommendation of Robert J. Gray as set forth in his
email of January 29, 2016, a copy of which is affixed hereto, the total revised cost for pipe
bursting of the sewer main will increase to the sum of$140,248.25 as follows:
• Original cost for Alternate 1 Pipe Bursting - $101,385.00
• Preliminary work for installation of new water service and
lawn restoration for house at corner of All Angels and
Cider Mill Loop - $ 13,500.00
• Blacktop patching and blacktopping overnight steel plates - $ 7,075.00
Subtotal $121,955.00
0 15% contingencies - $ 18,293.25
Total $140,248.25
WHEREAS, by Executive Order No. 1 of 2016, Supervisor Lori A. Jiava had issued an
Executive Order declaring an emergency and authorizing the above-referenced repair work to be
awarded to Sun Up Enterprises, Inc. at a total cost not to exceed $140,248.25, all of which is set
forth in Executive Order No. 1 of 2016, a copy of which is affixed hereto.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board hereby ratifies and confirms that an emergency exists with
respect to the repair work for the sewer line failure in the shoulder of All Angels Hill Road
between Cider Mill Loop and Edgehill Drive requiring the immediate repair work on an
emergency basis.
3. The Town Board hereby ratifies and confirms the actions of Supervisor Lori A.
Jiava in issuing Executive Order No. 1 of 2016, a copy of which is affixed hereto, suspending the
Town's Procurement Policy and taking whatever steps are necessary to facilitate the repair work
for the sewer line failure in the shoulder of All Angels Hill Road between Cider Mill Loop and
Edgehill Drive,
The Town Board hereby further ratifies and confirms the awarding of the contract to Sun Up
Enterprises, Inc. at a cost not to exceed $140,248.25 in connection with the repair work for the
sewer line failure in the shoulder of All Angels Hill Road between Cider Mill Loop and Edgehill
Drive, and further ratifies and confirms all other actions taken by Town employees and
consultants in facilitating the required emergency repair work as above-mentioned.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Kuzmicz, Councilman
SECONDER: William H. Beale, Councilman
AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz
Dated: Wappingers Falls, New York
2/8/2016
The Resolution is hereby duly declared Adopted.
JOSSP P. PAOLONI, TOWN CLERK