2012-176
2012-176
Resolution Authorizing Town Professionals to Commence Work Associated with the Construction
of a 12 Inch Water Main to New York City's Shaft 6B Site Located in Chelsea
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 May 29, 2012.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being called, the
following were present:
PRESENT:
Supervisor
Councilmembers
Barbara Gutzler
William H. Beale
Vincent F. Bettina
Ismay Czarniecki
Michael Kuzmicz
ABSENT:
The following Resolution was introduced by Councilman Beale and seconded by Councilman
Bettina.
WHEREAS, New York City owns and its Department of Environmental Protection (DEP)
operates New York City's water supply system, which provides, on average, 1 billion gallons of high
quality drinking water to the residents of New York City and other municipalities; and
WHEREAS, New York City's drinking water is supplied by three (3) primary aqueducts, one of
which is the Delaware Aqueduct which passes through the Town of Wappinger approximately 600 feet
below the Hudson River; and
WHEREAS, the DEP has identified two leaks in a section of the Delaware Aqueduct and has
undertaken a project to address the leaks to assure the long term sustainability of its ability to supply
water to New York City; and
WHEREAS, the aqueduct repair project is known as the "Water for the Future" (WFF) which
involves, among other things, the construction of a bypass tunnel that will cross underneath the Hudson
River and continue through portions of the Town of Wappinger; and
WHEREAS, as a component of the WFF project, DEP will construct a new shaft on the eastern
side of the Hudson River on New York City property located in the Hamlet of Chelsea and otherwise
referred to as the "Shaft 6B" site; and
WHEREAS, the construction of the bypass tunnel and the new Shaft 6B, DEP will require
approximately 169,200 gallons of water per day commencing in the fall of2013; and
WHEREAS, concomitantly, the Town needs to provide a source of good quality water to the
Chelsea Hamlet area, where many of the residences are located on small parcels that currently use
individual well sources that have become unreliable; and
WHEREAS, DEP proposes to contract with the Town for the construction of a 12 inch water
main utilizing the water facilities of the United Wappinger Water District (UWWD); and
WHEREAS, after the conclusion of the WFF repair project, the water main can be used to supply
water to the residents of the Chelsea Hamlet area as well as other residents of the Town of Wappinger
along the pipeline route; and
WHEREAS, the Town and DEP have entered into an Agreement in Principle (AlP), outlining the
terms and conditions pursuant to which the Town of Wappinger will construct a 12 inch water main from
the point of connection with the UWWD water system located near Route 9 and Old Hopewell Road to
the Chelsea Shaft 6B site; and
WHEREAS, to complete the construction of the 12 inch water main by the fall of 2013, work in
the nature of preliminary environmental, engineering and legal studies must be commenced immediately;
and
WHEREAS, in accordance with the terms and conditions of the AlP, New York City agrees to
advance up to $100,000.00 to the Town to reimburse the Town for costs it incurs for such preliminary
work.
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 authorizes and directs the Engineer to the Town, Robert J. Gray,
and any members of his engineering ftrm, Morris Associates Engineering and
Consultants, the Attorney to the Town, Albert P. Roberts, and any members or employees
of his ftrm, and David Stolman of Frederick P. Clark Associates, Planning and
Environmental Consultants, and any members or employees of his ftrm, to immediately
undertake such preliminary engineering, legal and environmental studies as is necessary
to commence construction ofthe 12 inch water main above described.
3. The Town Board further authorizes and directs Robert J. Gray, or any other engineer
associated with Morris Associates, to prepare a Map, Plan and Report for a no cost
extension of UWWD to the Shaft 6B site and further directs the Attorney to the Town,
Albert P. Roberts, Attorney Douglas E. Goodfriend, the Town's Special District
Consultant and the Planner to the Town, David Stolman, and any members or employees
of his ftrm, to provide any required legal and environmental studies associated and/or
needed in connection with the preparation of the Map, Plan and Report.
4. The costs incurred by the Town for the aforementioned preliminary work and the
preparation of the Map, Plan and Report shall be reimbursed by DEP in accordance with
the letter agreement dated May 17, 2012, a copy of which attached hereto and made a
part hereof.
The foregoing was put to a vote which resulted as follows:
BARBARA GUTZLER, SUPERVISOR
WILLIAM H. BEALE, COUNCILMAN
VINCENT F. BETTINA, COUNCILMAN
ISMA Y CZARNIECKI, COUNCIL WOMAN
MICHAEL KUZMICZ, COUNCILMAN
Voting:
Voting:
Voting:
Voting:
Voting:
AYE
AYE
AYE
AYE
AYE
Dated: Wappingers Falls, New York
5/29/2012
The Resolution is hereby duly declared adopted.
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WATOER
BOARD.
May 17, 20i2
BarbaraA. GutzJer, Supervisor
The Town of Wappinger
20 Middlebush Road
Wappinger Falls, NY 12590
Re: Letter Agt.eement
Dear Ms..Qutzler:
Pursuant to the Agreem.eJit in Principle dated May 15, 2012between the:City of New York (the
City) and The Town of Wappinger (Town), the New York City Water Board (Water Board).is
authorized pursuant to Part TI; Section 6.ivofthe .BOBJ'd'.s Pmcurement Policy Rules (waiver of
se1ectioncriteri~ upondeteOIiination that .it:isin the J3oanl's .best interest to utilize a Cityot Qth~
governmental, unit contract to provide needed serVices) to issue paymentto the Town up tothe
amount of ONE JillNDRED THOUSAND DOLLARS ($100,000) for services tendered,
pur~Uo Town cOntracts, that are related to the per;;nitting and initial design of the 12-inch
water main, extension from the United Wappinger Water District to the S~ 6 site (proj~t), as
described in the Agreement in Prfuciple.between the Town and the New York City. Depmtment
of Environmental Protection (DEP),attachedhereto.
Pay:tlJ.ents tothe'Town Win b~ made ac~r44tg to the foUowingprocedure:
1. The To:wnandlor ~t$. con~tor(s) will perfonnwoik .-=elated. to the Project.
2. The ToWn will prepare a payment package consiSting of: a) invoices prepared on
appropriate $tatjonery fot'suehitems ofProJe~twork.:pet.f()rmed and b) a cover letter
describing the wo,rk being invoiced. .
3. The Town will submit the payment package tu the attention of the Water Board
Treasurer;
4. Upon receipt, the Water Board TreaSurer will obtain the JiPproval ofDEP's Project
Manager.
The Water Board will then remit paytneilt of the approved invoices to the Town.
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Please confirm. your a,cCeptance of the terms of this Letter Agreement by returning to the Board a
signed and notarized copy .of this letter, '.
A(jREED TO AND ACCEPTED
By
J;larbaraA. Gptzler, Super.visor
. ,
C:~d~lV1:cLe~Water Board Treasurer
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AGREEMENT IN PRINCIPLE BETWEEN THE NEW YORK CITY DEPARTMENT OF
ENVlRONMENrAL ,PRO'I'ECrION AND THE TOWN OF WAPPINGER REGARDING
TOWN APPROV ALSIWATER SUPPLY
THIS AGREEMENT IN PRINCIPLE,("AIP") made the t~day of May. 2012,
pursuant to Article 5-0 of the General Municipal Law of the StateofNewYoiic, by and
between:
THE CITY OF NEW YORK ("C~),
acting by and through its
DEPARTMENT OF ENVIRONMENTAL P:ROl'ECTION ("PEP'').
having its pri.ccipaladdressat 59-f7 iunc1;ionBoulevatd, flushing New York 11373.
and
. .
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~,T()WNQF WArJ>>lN(;ER,,'WAPPINGEaj,
. ;', :~MunibipalStibdiviSion '
'.havillgit,s offices at Town EWI,
20 Middlebush'Road, Wappingers Fa11s~ New: york l~590,
. - . ' ..
setsJorfh In~.~tID~isandund~~.~'DsP t1114vl APPrNGER(hc:reinafter
referred to.~ the. "Parties'} reblted to:"i)DEP's intenttop.rovfde'fuD.ding for c:ertaiA water.$Upply
projects tttbedesigned and constructed..by W APPINQ~ for~.th Panie;s;~benefit; and h}otber '
CO~'.81ld.~ti()IiS..of~-Panlesre1ated,:to.p~~:'~e$i"p,8X1d.;~l1StructioJ;lof SllCb
water suPpJ:y. pioJe~inciudin&pprorlttingj~d'en~~.~. .', '., . '
ThepU!pQseoftlrls. MP:is to ~bii4,a fram~\)l:!CJ.Q~vi~.PEP ~th.a supplY-9fwater'fot
Construction of the new Sba,ft6B (hereinafter defuied),Bmi to ~vi~,a wa;tet" supply system to
WAPPlNGER, astbe"JJOst.CO@muni~for1h~ SAAtl~(iij.~j~,in;thefon:u ,of municipal water
distribut,i.(:)p;,in~ Chel~ fIamlet .district
~/.,:; ;
1. W~terforth~FutureProject l3aclcgro1.JIJ,t!
'" '. ",
New York City owns,andDEP~rat(lS, New York City's water supply system ("System");
which pI'Oyj~, on ltve.t:agc~;~e billiongaUoDS ~,~y. ofh.i.gp.qtuI,Iity drinking water to
apProximately ninemillion,GQ~. W~~ sUpp1ie4t:l:w9,Qgh~ ptimaty aqued:ucts:
the Del~; Ca,tskill. ~:CnJtoIi..'I'heDela.wareA,:que4Uct (&cAqueduct'j can provide up'to
50% of the CITY'S SUpply. .
DBPh~ ide,ntifiedt\iv<>'leaksin a ,section of the De~ Agu.educitand has comTrlitted
capital1imds to.address the leaks to insure the long-termsustainabi1ity of its ability to supply
water through theAqueduct This project, knoWIl.as.Water for the Future ("WFF") involves.
~o~.;.Q~er_ f!1ip.,gs,. th~cQ.~~op of..~ .1?Jp~J.lln~el.t!!,'Y wi!! cross ~~eath the
Hudson River. This tunnel will "'ypass the s.ection of the Aquedl1ct that is leaking. Overall
construction of the WFF Project is scheduled to lasttbrougb 2021.
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As part of~ WFF Project, DEP will COn.s1ruCt two new s~ on either side oftb.e Hu$<m
River to allow for tunnel constl:'Uction and, topro.vide future tunnel access. Shaft 6B will be
coIl$l:ructedon the eastern side of the Hudson River on CITY property where the existing
Shaft 6 for the Aqueduct is located ("Site''). The Site is within WAPPINGER'S town
boundaries, specifically in the Chelsea Hamlet area. The tentative operational date for the
bypass tunnel is currently sc~eduled to occur in 2021.
2. . PtoposedW ater Supply Projects
a. DEP Water Supply Need$:
i. DEP will need a supply ofwater at Slia:ft 6a fo:r.shaft: ~ilStrtJ.ction and
potable supply pmposes by September 1,2013.
ii DEP shall require"the water supply for Shaft 6B construction for the
period begiT1!11"g September 2013 through the 1aterofcalendar year 2021
or until the end ofDEP's Construction at Shaft 6B.
iii. The water would be provided to the Site via a water ma.i2) ~ension from
the United Wappinger Water District ("UWWD'').
iv. Average demand for the coD$trUction period is estimated to be 169,200
gallons"per day.
v. Maximum flow rate of water supply to Site required by DEP is ~TI'IllIted
to be 2QOgaUons per minute.
b.. Wappinger Water Supply Needs:
i W APPlNGBR needS to proVide a so~ of good ~ty.~to Chelsea
Hamlet, where "many of the residences ate located on small par~1s 1hat
currently use individual well sources. that have beeoml;l wu-eliablo.
ii, W APPlNGBR plans toprpvide this new source via a water ~ extension
from UWWD.
iii. WAPPINGER would deSign and construct a watrtt main extension"ftQtn,
UWWD to prQvide; 1) water to the Site for DBP col1StrUenon purposes
and 2) provide water to the reside1J.ts of Cbe1$ca Hamlet.
iv. . WAPPINGER plans to create a distriet extensionofUWWD to the Shaft
6B Site or"to create a tenant dist:rict.th_fore, and, in addition, will ~eate
a separateexteDsion district or tenant district for the CbeIsea Hamlet
v. W APPINGERwiU ~gn and constmct"thedi$tn'butionsystem in the
CheIseaHamlet district to deliV~~ from tJWWiD tQ the Chelsta
Hamlet district, which DEPwill fund up to $2. milliOn (as described
below).
vi. WAPPINGER. has requested a Connection to the CITY water supply
system to be made.at Shaft 6Bonce CoDStructionis complete, sOmetime
after 2021, which connection would ~ at Wappingers own expense.
DEP will provide at its cost aJJd. expense a C<)nnection point at existing
Shaft 6 or new Shaft 6B, propl;lrly valved, that will allow W APP.INGER to
make this connection.
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c. D~ption of Water Supply Projects
i. Phase 1: constrUCt 12-incb water main from the n~st UWWD
interconnection point to either the eastern or northern propcr.ty line of the
Site (first district extension).
ii. . Phase 2: a) construct a water main extension from Phase 1 termination
pointinto Chelsea Ha;mI.et district and b) construct a distribution system in
the Chelsea Hamlet district;. exclusive of service connections (second
district e~ion).
..(1. It is con~mp1ated that WAPPINOERintends to apply for a Land Use Permit
. from DEl? for the installation of a water tiltratio~ facility on Shaft 6 property,.
such water filtration facility being necessary for WAPPINGER to treat City water
4 weuld tldre. from the Shaft. 60t 6B coIUlection.
3. Un.Qel'$tanding: of the Parties
In an effort to: establiSh themutwil considerau()nsand commitments, oithe Parties, the Parties
inten<i ~:thefo1l9wirig i~.~theun4~.~ of the Parties:
~. DEPintends to prtjvide funding to. WAP.PINGER for the Phase 1 and Phase 2
proJectS described herein to a .m.axim'UlIl amount 'ofSl1 million: .
.. '., ;,'t DEPintends to fund $9 millionforPbase 1:
1. .~ . Funding wou1dcoverco~associatedwithp1anriing, permitting,.
design. and construction of the 12-inch water;main; inclusive of
.cpsts 8SSQciated with ~~iunenta1 review, legal and. project
administrative costS. . WAPPINGER shalluseibest efforts to.
compl~e.constructioIl:of:12~inchwater main by AUgust 2013 for
opetational date of September 1, 2GlS'forShaft 6B ~ction.
Funding payable in.phasesbased Oil design andconstrucuon
milestOnes. for the 12-inCh'water main as deVeloped,and agreed to
. by the Pdts:.
,,,~ , 'iLJ DBPintends to fund S2niillioIl'fol' Phase 2: .
I.. Funding contingent on:, I) ereationofa, =ant water district or
extension to UWWDfor th~Chelsea HaIillet area; 2) Completion
of the environmental review for Phase 2; and 3) expeditious desi~
and implementation o;fthe P~ 2 distn'butionproject. .
. '2. In oreier to exercise .the option for the Phase 2 fhDding,
WAPPINGER shall have met such milestones towards the Phase 1
Project and Phase.2 deve1opm~t that will be agreed upon by the
parties.
3. The.Pames iIitendthat .the Phase 2 funding Will be Used for a water
distribution system in the Chelsea HamletdistriCt and not for areas
outside of that district
4:. In no event shall DEPfund more than S2mil1ion for the Phase 2
project Any costs above $2 million will be bome by
WAPPINGER.
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b. DEP intends to allocate the total S 11 million amount to the Phase 1 and Phase 2
projects; it is tbeParties. intention that any funds intended for Phase 1 that ate not
expended on Phase 1 work tnay be allocated to Phase 2 wo~ upon the agreement
of the Parties. In the event that the Phase 1 costs exceed the $9 million allocation.
the Parties intend that the Phase 1 work would continue and that the $2 million
allocated for Phase 2 would be reall~ to Phase 1 to the. ext(mt necessary to
complete the worklfsuch. reallOcation is'requited, the Parties intend that the.
scope of Phase 2 would be reduced to meet the ren19imng funds, ~able in the
total $11 million allocation.
c. WAPPINGER would be responsible for aU environmental review and approvals,.
procurement-of design and construction services. as well as ongoing operations
and maintenance coSts for the Phase I and 2 projects.
d. The CITY does not intend to have an 'ownership interest in the water supply
projects. '" .
ce; DEP intends to bea custOmer ofUWWD and wou1d~ba$c water based. ,on.:
UWWD's e.stablished water rates.
f: DBP plans.toconstrUct a:tap to its exi$tingShaft 6 QrnewShaft 6B. which will,
allow W APPIN"GER tSeopUon ~pur.c~e*$Upply ofCI'TY'water onoethe
WFF Project is complete. '
i. Al1c:osts'~iated with coDllectiontbtl1e.cItY System would be the
obligation of WAPPINGER; the P.arties agre~ that none of the funds
specified in this Agreement woulQ be allocated. to. the connection work'and
DEP has no obligation to provide future fLu:1dirig with respect to such
connection.
ii. 'WAPPINGER intends to enter into a Water SQ.pply Agreem~ With the
CITY ifitconnects:to. the CITYSy.stei:n.
g, WAPPINGER intends to procure aJ1;semceS';o~.to C<:)l;Qplete the Phas.e 1
and 2 proj~. WAPPINGER. would, 'wUo.w'aij applicable'st.IUe and loca1Jaws
~lated. to ~ pmj~ ~en.t.
h. WAPPINGER would allowDBP to re.v.kw designaod monitor/document
CODStrUction of Phase 1 to insure project comp1etio.n Gn$Cbedule.
i. To the extent practicahle, W APPINGBR will draft contract to require contractor
to complete contract no,'later than September 1,.2013', with "time of the essence"
and will req~,conttacting bondingfar the Phase I project to insure completion
on. Septe.J.tlber 1.2013 schedule.
j. The Parties will make a good. faith effort to negotiate and enter into an Inter-
Govemmental Agreementtbat would serve as the binding' contract for the funding
of the Phase 1 and 2 projects and would set forth aU the.obllgations of the Parties. C>.
The p~ intend to have,an.executed ~-Governm~ Agleemcnt by June iJ) W
2012, which would be approved by the Wappinger Town Board. to sm>mit to the
Citv.Comntrol1erfor re~inq bv..June 3.0.,2012.
k. ThePa.r:ties intend that the Phase 1 and~, 2 projects will be constrUCted by
WAPPINGER based on milestones that will be negotiated by the Parties and
included in the Inter-Governmental AgI'eement The Inter-Governmental
Agreement would govern how the projects will either be completed by DEP or
tenninated, if any such milestones are not met by WAPPINGER. It is the intent
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of the Parties that W APPINOER would be reimbursed for all costs associated
with good ~th~rts to conduct the projectWork up to the time of a, transfer to
DEP or project termination.
1. Prior to registration of the Inter-Governmental Agreement, the City intends to pay
for contract costs associated with initial project planning and design up to '
S100,000 via the New York City Water Board. Any funds expended prior to
registration would be deducted from the S11 million total amount dedicated to the
projects.
m.. DEP intends to proviae staff assistance to WAPPINGER m the planning ,800 ,
permitting of the project, including SEQR andDEC permits. It would be
WAPPINGER'S obligation to conduct necessary studies, make applications, and
obtain all necessary pennits and approvals.
n. DEP iutends to coIltinueto take a supply of potable water fromUWWD for the
, personnel wo~g at the Site when the Shaft.6B facility becomes operationaL'
4. Tennand Termination
The termo! this AlP wiU'be through the 'date when the ID.ter-Govetnn1ental Agreement is
registered by the New York City Comptroller, upon whiCh the terms 'and conditions
contained therein wiUbe binding on the, Parties. 'The Inter-Governmental A.greement will
operate as the binding contract upon the Parties o~tegistration is obtained. If the Inter-
GovermnentaI Agreement is not registered by the City COn:J,ptroller within, a reasonable
,period of submission, tbis,A,W Will terminate.
5. Agreement in Principle. Subject to Other A.pprovals
The Parties intend that ,the;t~, ~d understandings in this AIP . are ,sul;>ject to all applicable
;state and local' laws and regulations. The Parties intend, to ,~,e,' their best efforts.to obtain all
necessary state and/or local.pem1iJs .2Qld. approvalsas'qUicldyas practicable to effectuate th~
terms and understand.ln.gs herein.
6. Non-Binding NatW'e ofAgreemQnt in Principle
The Parties intend for this AlP to be'a statement of their mutual intentions only, and unless
the Inter';Governmental Agreement is executed by the Parties and registered by the City
Comptroller, there are Qo.l~y binding agreements bc~ DEP 804 W APPINOER with
:respect to the Water supply projects, or funding ob~gatio1lS ~cribed herein.
7. Governillg Law
This Agreement,shall be govemedbythe laws of the Sta,t~ofNew York.
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Agreed to in frlnciple by the Parties 8S:of the datcset forth above.
New York City
DepartmentQf Env4"onm~
Protection
Town of Wappinger
BY. ~~
Pa.. V. Rush
Dq>qty Commissioner
BY;&u~Cl.~
Barbara A. Outzler / .
S~r
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ACKNOWLEDGEMENTS
STATEOF NEWYORK. )
) ss~
COUNTY OFSl.llUVAN )
On the I )~ dayofMay,1012,beforE:l me, the t!I1dersigned, pei'$Onally appeared PAUL V.
RUSH known, to me.or PJ'oved to '111e on the basis of satisfactory evidence to be the inclividu.al
whose name is' subscribed to the within instrument and acknowledged to me that he executed the
same in his capacity, ~d that bylris si~on ,the irWument, the individual, or the person
1lJlOl1 bebalfofwhich!be incIividual.-!, executed !be ~
Notary Public
. ZANETr't
=~=~
~&pI- AuJ. 31, >>M-101J.l
~.~~. O,ltA~11-<W~1
STATE OF NEWYOlU( )
)ss:
COUNTY OP DU1'CImSS )
On the \' 0 -thday of;M:ay, 2012; ~orelU~, the unQersign.ed, personally, appeared BARBARA A.
GUTZLER known to me o,r prov~ 1<> J11.e on the basis of satisfactpry evidence to be the
indivi4ual'whose pa,i:n.e is subscribed to the within instrument and acknowledged to me that she
executedthe~edn her capacity, ancJ. that by het signA1:\.Jre on the.instnJment, the individual, or
the person upon. ~~of which the individual acted, executed the instrument.
. ~
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~P. AClI3e',.
"*YPubllc-Stata of NewYcd
No. 02R03301620 .
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