2023 OF THE TOWN BOARD OF THE TOWN OF WEBSTER AUTHORIZING THE SUPERVISOR TO EXECUTE AN AMENDMENT TO THE ENERGY PERFORMANCE CONTRACT WITH NAVITAS LLC FOR IMPROVEMENTS TO THE TOWN WATER POLLUTION CONTROL FACILTIES
At a regular meeting of the Webster Town Board of the Town of Webster, Monroe County, New York, held at the Town Board Meeting Room, 1002 Ridge Road, Webster, New York on the 16" day of November 2023 at 7:30 p.m., there were present:
Supervisor Thomas J. Flaherty Councilman William G. Abbott Councilman John J. Cahill Councilwoman Patricia T. Cataldi Councilwoman Ginny L. Nguyen
The following Resolution was offered by and moved its adoption:
WHEREAS, on June 15, 2023, by Resolution #209 of 2023, the Town Board of the Town of Webster authorized the Town Supervisor to enter into an agreement with Navitas, LLC to implement an energy performance contract in the amount of Forty Million Two Hundred Twenty-Five Thousand One Hundred Forty-Seven Thousand Dollars ($40,225, 147.00) which is compliant with Article 9 of the New York State Energy Law; and
WHEREAS, as the Town of Webster Sewer Department reviewed the scope of the work to be done by Navitas, and the costs thereof, and both the Town representatives and Navitas agree that further additions to the original scope of work and materials as approved in the June contract required an amendment to that prior contract for such work and materials, as well as a modified construction schedule with relative changes to the costs of the construction, which amendment document is attached hereto along with the following Exhibits “cB - SCOPE OF WORK,” “B.1 DRAWINGS”, “B.3 - MATERIAL AND EQUIPMENT ALLOWANCES”, “B.4 DISPOSITION OF EQUIPMENT AND MATERIALS REMOVED FROM PROJECT SITE,” “B.5 — BASIS OF PLANT OPERATIONS”, “C —- PROJECT CONSTRUCTION SCHEDULE”, and “D — PERFORMANCE GUARANTEE, MEASUREMENT AND VERIFICATION PLAN AND OPTIMIZATION SERVICES”, each of which supersede (and/or add to) the respective Exhibits attached to the previous (June 2023) Agreement; and
WHEREAS, the additional cost for such amendment and services to be rendered and materials to be purchased will be Twenty Million Six Hundred Ninety-five Thousand Seven Hundred ($20,695,700.00), which amount was included and anticipated as part of and in the Bond Resolution approved by the Town Board by Resolution No. 264 of 2023 on July 27, 2023; and
WHEREAS, the Town and Navitas had entered into a contract for materials and services to
implement an innovative energy focused design for the Town’s Wastewater Treatment Facility upgrade; and
WHEREAS, the Town and Navitas, LLC have reached an agreement amending the original contract, which amendment will cost a total of Twenty Million Six Hundred Ninety-five Thousand Seven Hundred ($20,695,700.00), in addition to the original Forty Million Two Hundred Twenty-Five Thousand One Hundred Forty-Seven Thousand Dollars ($40,225,147.00) already approved, which previously approved costs were, and additional costs, are, deemed necessary to upgrade and renew the Town’s Facilities in full compliance with Article 9 of New York State Energy Law, for a total cost of $60,920,847.00; and
WHEREAS, the Town and Navitas have agreed to amend the Agreement previously entered into, which amendment is deemed necessary and appropriate by the Town and Navitas, and was fiscally anticipated by the Town Board:
NOW THEREFORE, in consideration of the foregoing, be it RESOLVED:
That the Town Board of the Town of Webster authorizes and directs the Town Supervisor to execute on behalf of the Town an amendment to the original agreement with Navitas, LLC in the amount of Forty Million Two Hundred Twenty-Five Thousand One Hundred Forty-Seven Thousand Dollars ($40,225,147.00) which amendment will change, as being necessary, certain work, scheduling of work, and materials to be purchased and received to continue implementing energy performance compliant with Article 9 of the New York State Energy Law which original contract, this amendment and Exhibits thereto are on file with the Town Clerk.
The cost of the services and materials affected by this amendment is expected to beTwenty Million Six Hundred Ninety-five Thousand Seven Hundred ($20,695,700.00).
{Contract, Amendments and Exhibits to be filed in the Town Clerk’s Office]
Seconded by and duly put to a vote, which resulted as follows: VOTE ON MOTION:
Supervisor Thomas J. Flaherty Aye/Nay
Councilman William G. Abbott Aye/Nay
Councilman John J. Cahill Aye/Nay
Councilwoman Patricia T. Cataldi Aye/Nay Councilwoman Ginny L. Nguyen Aye/Nay
MOTION CARRIED/DENIED Enter: November 16, 2023
DOROTHY M. MAGUIRE Town Clerk Town of Webster