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PAGGI. MARTIN & DEL BENE LLP
Consulting Engineers & Land Suroeyors
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54-56 Main Street
Poughkeepsie, New York 12601
914-471-7898
914-471-0905 (FAX)
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August 9, 1999
Town Board
Town of Wappinger
P.O. Box 324
Wappingers Falls, New York 12590
Attention: Constance O. Smith, Supervisor
Reference: Central Wappinger Water Improvement Emergency Status
Dear Supervisor Smith & Board Members:
On Friday afternoon, August 6th, 1999, I had a telephone conversation with Mitch
Morris of the State Comptroller's office regarding the emergency nature of the
work that is proposed for the Central Wappinger Water Improvement.
I explained the background of the Water Improvement and how it relates to the
Town's purchase of the Atlas Well field. I reviewed the current situation,
including the structural failures of the two water facilities (Hilltop and
Rockingham) and the effect of the continued drought on the ability of the Hilltop
wells to provide the necessary water to the residents of the Improvement.
I then reviewed the phases of improvements that I listed in my meeting memo
with the Town Board on the evening of August 4th, 1999, and how they relate to
the ultimate Proposed Combined Wappinger Water Improvement. I stated to Mr.
Morris that this was being done in a logical, phased approach, and that the critical
path to avoid the potential of having no water for the residents of the Central
Wappinger Water Improvement would be the emergency construction and placing
in service of two (2) wells at the Atlas Well field and utilizing the existing
interconnection at the Pizzagalli site to provide a constant source (approximately
400 GPM) of water for the Central Wappinger users.
I further explained that the remainder to the improvements listed in my memo of
August 4th, 1999 (i.e. three (3) additional wells, dedicated tank line, storage
facilities and controls at the Hilltop site) would not be done on an emergency
basis, and we would follow the normal Map, Plan and Report, improvement
authorization, preparation of bid documents, advertisement to bids and
construction process.
Joseph E. Paggl, Jr., P.E.
Ernst Martin, Jr., P.E., L.S.
Charles R. Del Bene, Jr., P.E.
;
Constance O. Smith
Town Board
RE: CWWl/Emergency Status
- 2 -
August 9, 1999
Mr. Morris, after listening to my rather lengthy discourse, explained to me the
ways in which the Town could view the drilling and placing into service of the
two (2) wells in an emergency nature.
A. The drilling of the wells could be considered a professional service and
not a public works project. We discussed this, and although this is a
gray area, it was evident that a portion of the services is most
definitely a professional service, and therefore, not considered a
biddable item.
AND
B. To determine if one emergency exists there are three (3) criteria that
need to be met, which are:
. The health, safety and welfare of the residents could be effected.
This obviously is the case, if there is no water each of these items
would be dramatically and irreparably affected.
. The event will need to be have been unforeseen. Climatic
conditions, I believe fall under this category as unforeseen. The
length and duration of this drought on July 1st or July 15th or
August 1st or even August 15th, is unknown, and therefore, in my
opinion would be unforeseen.
. The third, and most unclear, is could the work wait out any
negative effects for competitive bid.
Assuming we can have the well driller and the hydrogeological firm
on site in a very short period of time (as I write this memo I am
trying to nail down this time as precisely as possible), I would think
the difference in time between when a bidded well driller and
hydrogeological firm could be on site would be a time differential of
approximately fifteen (15) days.
These days would be the necessary time it would take us to
prepare the specifications, the time for advertisement, appropriate
minimum five (5) days for bidding, a day for receipt of bids,
appropriate time for review of bids, the Town Board meeting to
award the bids, the necessary time to execute the Contract
between the Town and the selected firms, and the necessary time
for mobilization of start-up for the selected firm. It would appear
that this time period could approach fifteen (15) days.
Constance O. Smith
Town Board
RE: CWWl/Emergency Status
- 3 -
August 9, 1999
With that in mind, it would be my opinion that that delta in days
prior to the starting work could have a significant negative effect on
the District, and therefore, the emergency nature could be
considered.
I am taking the liberty of sending this memorandum to AI Roberts as quickly as
possible so that he may review it. I am also taking the liberty of transmitting this
memo to the Town Board Members as quickly as possible.
If there are any questions, please do not hesitate to contact me at the office.
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J\g.ieph E. Paggi, Jr., P.E. 1
JEP:law
cc: Hon. Vincent Bettina, Councilman
Hon. Joseph Paoloni, Councilman
Hon. Joseph Ruggiero, Councilman
Hon. Robert Valdati, Councilman
Hon. Elaine Snowden, Councilman
Albert P. Roberts, Esq.
Michael Tremper