Engineering Services Contract Amendment Resolution 7-23 — BL-Engineering-Amendment-Resolution-7-23.pdf

RESOLUTION
A special meeting of the Onondaga County Industrial Development Agency was convened
in public session on July 20, 2023, at 8:30 a.m., local time, at the Oncenter Convention Center,
lower level meeting rooms 1/2/3, located at 800 South State Street, Syracuse, New York 13202.
The meeting was called to order by the (Vice) Chairman of the Agency and, upon roll being
called, the following members of the Agency were:
PRESENT: Patrick Hogan
Janice Herzog
Kevin Ryan
Cydney Johnson
ABSENT: Susan Stanezyk
Fanny Villarreal
Elizabeth Dreyfuss
ALSO PRESENT: Robert M. Petrovich, Executive Director
Jeffrey W. Davis, Esq., Agency Counsel
The following resolution was offered by Janice Herzog, seconded by Cydney Johnson, to
wit:

RESOLUTION AMENDING A CONTRACT WITH
BARTON & LOGUIDICE, D.P.C. TO ASSIST WITH
PROFESSIONAL ENGINEERING SERVICES IN
CONNECTION WITH WHITE PINE COMMERCE
PARK
WHEREAS, Onondaga County Industrial Development Agency (the “Agency”) is
authorized and empowered by the provisions of Chapter 1030 of the 1969 Laws of New York,
constituting Title 1 of Article 18-A of the General Municipal Law, Chapter 24 of the Consolidated
Laws of New York, as amended (the “Enabling Act”) and Chapter 435 of the Laws of 1970 of the
State of New York and Chapter 676 of the Laws of 1975, as amended, constituting Section 895 of
said General Municipal Law (said Chapter and the Enabling Act being hereinafter collectively
referred to as the “Act”) to promote, develop, encourage and assist in the acquiring, constructing,
reconstructing, improving, maintaining, equipping and furnishing of manufacturing, warehousing,
research, commercial and industrial facilities, among others, for the purpose of promoting,
attracting and developing economically sound commerce and industry to advance the job
opportunities, health, general prosperity and economic welfare of the people of the State of New
York (the “State”), to improve their prosperity and standard of living, and to prevent
unemployment and economic deterioration; and
WHEREAS, the Agency currently owns and is developing White Pine Commerce Park
(the “Park”) located northeast of the intersection of NYS Route 31 and Caughdenoy Road,
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including the expansion to areas north and east generally located along NYS Route 31 and the east
and west sides of Burnet Road, all in the Town of Clay, Onondaga County, New York; and
WHEREAS, the Agency issued a request for proposals (the “RFP”) from qualified
contractors to provide professional engineering services to the Agency, including but not limited
to advice and assistance to the Agency regarding site development, engineering needs of
prospective companies seeking to locate in Onondaga County, environmental engineering relating
to site investigation and remediation, SEQRA, traffic studies, site selection, permitting, and
representing the Agency in related project development matters, and related and similar services
(collectively, the “Engineering Services”); and
WHEREAS, the Agency received proposals from Arcadis of NY, Inc., Barton &
Loguidice, D.P.C., C&S Companies, CHA Consulting, Inc., JMT of New York, Inc. and Ramboll
Group (collectively, the “Responding Firms”); and
WHEREAS, pursuant to a resolution duly adopted by the Agency on February 9, 2023, the
Agency awarded the Responding Firms retainer agreements to provide Engineering Services to
the Agency on an as-needed basis (each an “Engineering Services Retainer”); and
WHEREAS, the Agency and Barton & Loguidice, D.P.C. (“B&L”) entered into a Master
Services Agreement for Professional Services effective as of March 17, 2023 (the “B&L
Retainer’); and

WHEREAS, pursuant to a resolution duly adopted by the Agency on April 13, 2023 and
the B&L Retainer, the Agency engaged B&L for Engineering Services with respect to the Park in
an amount not to exceed $193,600.00 (the “B&L White Pine Contract”) given B&L’s ability to
deliver a final, substantive report on which the Agency can rely for further development of the
Park; and
WHEREAS, pursuant to a resolution duly adopted by the Agency on June 22, 2023 and
pursuant to the B&L Retainer, the Agency authorized the additional expenditure of $12,138.00
and amended the B&L White Pine Contract to permit Engineering Services in an amount not to
exceed $205,738.00 (the “First Contract Amendment”); and
WHEREAS, pursuant to a letter from B&L dated July 5, 2023, the cost of the Engineering
Services to be provided pursuant to the B&L White Pine Contract will include an additional
$50,000.00 to account for the asbestos project monitoring/air sampling services at the Park which
services will likely include abatement at multiple buildings at one given time and may require
more than one B&L staff member to cover as the State Department of Labor requires a project
monitor at each large abatement project to monitor air sampling equipment; and

WHEREAS, the Executive Director has recommended to the members of the Agency that,
pursuant to the B&L Retainer, the Agency authorize the additional expenditure of $50,000.00 and
amend the B&L White Pine Contract to permit Engineering Services in an amount not to exceed
$255,738.00 (the “Second Contract Amendment”); and
WHEREAS, in accordance with the requirements of Article 8 of the Environmental
Conservation Law, Chapter 43-B of the Consolidated Laws of New York as amended (the “SEQR
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Act”) and the regulations (the “Regulations”) adopted pursuant thereto by the Department of
Environmental Conservation of the State of New York being 6 NYCRR Part 617, as amended (the
“Regulations collectively with the SEQR Act, “SEQRA”), the Agency has reviewed the Second
Contract Amendment with respect to the Type II criteria set forth in 6 NYCRR Part 617.5(c).

NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE ONONDAGA
COUNTY INDUSTRIAL DEVELOPMENT AGENCY AS FOLLOWS:
Section 1. The Second Contract Amendment is a Type II action under 6 NYCRR Part
617(c) such that no further review of the Second Contract Amendment is required under SEQRA.
Section 2. The Executive Director of the Agency is hereby authorized, on behalf of the
Agency and upon the advice of the Agency’s counsel, to facilitate the Second Contract
Amendment in such form or forms to be approved by the Executive Director, upon the advice of
Agency counsel, the execution thereof to constitute conclusive evidence of such approval.
Section 3. This Resolution shall take effect immediately upon adoption.
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The question of the adoption of the foregoing Resolution was duly put to a vote on roll call, which
resulted as follows:

AYE NAY ABSENT
Patrick Hogan x
Janice Herzog x
Cydney Johnson x
Kevin Ryan Xx
Susan Stanezyk Xx
Fanny Villarreal Xx
Elizabeth Dreyfuss x
The Resolution was thereupon declared duly adopted.
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STATE OF NEW YORK )
) ss:
COUNTY OF ONONDAGA )
I, the undersigned Secretary of the Onondaga County Industrial Development Agency, DO
HEREBY CERTIFY that I have compared the foregoing extract of the minutes of the meeting of
the members of the Agency, including the Resolution contained therein, held July 20, 2023, with
the original thereof on file in my office, and that the same is a true and correct copy of such
proceedings of the Agency and of such Resolution set forth therein and of the whole of said original
so far as the same relates to the subject matter therein referred to.
I FURTHER CERTIFY that (A) all members of the Agency had due notice of said meeting,
(B) said meeting was in all respects duly held, (C) pursuant to Article 7 of the Public Officers Law
(the “Open Meetings Law”), said meeting was open to the general public and due notice of the
time and place of said meeting was duly given in accordance with such Open Meetings Law, and
(D) there was a quorum of the members of the Agency present throughout said meeting.
I FURTHER CERTIFY that as of the date hereof, the attached Resolution is in full force
and effect and has not been amended, repealed, or rescinded.
IN WITNESS WHEREOF, I have hereunto set my hand this af day of July, 2023.
Meg Aewrrres
(SEAL) Secretary oO
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