Engineering Services Contract Amendment Resolution (B&L) 11-23 — Contract-Amendment-Resolution-B-L-11-23.pdf

RESOLUTION
A regular meeting of the Onondaga County Industrial Development Agency (the
“A gency”) was convened in public session on November 9, 2023, at 8:30 a.m., local time, at 335
Montgomery Street, 2" Floor, Syracuse, New York.
The meeting was called to order by the (Vice) Chairperson of the Agency and, upon roll
being called, the following members of the Agency were:
PRESENT: Patrick Hogan
Janice Herzog
Kevin Ryan
Fanny Villarreal
Elizabeth Dreyfuss
ABSENT: Susan Stancezyk
Cydney Johnson
ALSO PRESENT: Robert M. Petrovich, Executive Director
Jeffrey W. Davis, Esq., Agency Counsel
Amanda M. Fitzgerald, Esq., Agency Counsel
The following resolution was offered by Janice Herzog, seconded by Fanny Villarreal, to
wit:

RESOLUTION AMENDING A CONTRACT WITH
BARTON & LOGUIDICE, D.P.C. TO ASSIST WITH
PROFESSIONAL ENGINEERING SERVICES IN
CONNECTION WITH WHITE PINE COMMERCE i
PARK i
WHEREAS, 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 resolution duly adopted by the Agency on July 20, 2023 and
pursuant to the B&L Retainer, the Agency authorized the additional expenditure of $50,000.00
and amended 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, pursuant to a letter from B&L dated November 8, 2023, the cost of the
Engineering Services to be provided pursuant to the B&L White Pine Contract will include an
additional $18,690.00 to account for the additional efforts needed to complete Engineering
Services under the B&L White Pine Contract including but not limited to: onsite project
monitoring and field activities, confirmation of contractor reported progress, documenting project
files, project close out and report, and reviewing and processing: contractor payment
authorizations, project change orders and credits and project submittals; and
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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 $18,690.00 and
amend the B&L White Pine Contract to permit Engineering Services in an amount not to exceed
$274,428.00 (the “Third 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
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 Third
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 Third Contract Amendment is a Type II action under 6 NYCRR Part
617(c) such that no further review of the Third 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 Third 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
Elizabeth Dreyfuss Xx
Janice Herzog x
Cydney Johnson x
Kevin Ryan x
Susan Stanezyk x
Fanny Villarreal x
The Resolution was thereupon declared duly adopted.
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STATE OF NEW YORK )
) ss.t
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 on November 9,
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 matters 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 Y day of November,
2023.
ieee Ke ca te ss
(SEAL) Secretary Ly J
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