WEBVTT 1 00:00:31.080 --> 00:00:32.509 John Compton: Good evening. 2 00:01:56.040 --> 00:01:56.755 John Compton: Alright. 3 00:01:58.400 --> 00:02:03.219 John Compton: Let's see, we got Barbara and Rob 4 00:02:03.740 --> 00:02:11.400 John Compton: and Ava and Chris and Peter invisible. Peter. Okay. 5 00:02:11.400 --> 00:02:14.459 Peter Nagrod: My camera will not work with Zoom. 6 00:02:15.310 --> 00:02:16.690 Peter Nagrod: I don't know why. 7 00:02:16.690 --> 00:02:17.959 John Compton: Work, before. 8 00:02:17.960 --> 00:02:23.169 Peter Nagrod: I've been trying. No, it started just it won't work. I've been trying for a half hour now to get my 9 00:02:23.230 --> 00:02:27.499 Peter Nagrod: picture. It works on other things, but not for you, but anyway. 10 00:02:27.500 --> 00:02:28.490 John Compton: He is here. 11 00:02:29.720 --> 00:02:31.320 Peter Nagrod: Yeah. Frustrated. 12 00:02:32.620 --> 00:02:51.300 John Compton: Okay? Well, because Eva has a would like to get on with her other meeting and we moved this meeting 6, 30, so I think we can start. We have a quorum mary will not be had had a sudden visit by her son 13 00:02:51.795 --> 00:02:57.379 John Compton: and asked if she was needed for the meeting, and I said, Well, as long as we have a quorum, no. 14 00:02:57.863 --> 00:03:01.600 John Compton: so she probably is not going to be joining us. 15 00:03:04.230 --> 00:03:17.390 John Compton: right, all right. So we have. That's the cold order. The agenda you saw. The only modification to the agenda is that I increase the discussion to 45 min. 16 00:03:17.650 --> 00:03:23.259 John Compton: ever ever hopeful. With a with a with time around 7, 30. 17 00:03:23.760 --> 00:03:27.188 John Compton: So if someone will. 18 00:03:28.440 --> 00:03:30.779 John Compton: we'll move to adopt the agenda. 19 00:03:31.330 --> 00:03:32.820 Barbara: This is Barbara. I move. 20 00:03:33.090 --> 00:03:40.180 John Compton: Okay, who? Who? It doesn't matter. Whoever seconded. 21 00:03:40.480 --> 00:03:41.160 Robert Gilmore: Rob. 22 00:03:41.530 --> 00:03:46.020 John Compton: That case I'll any other discussion all in favor. 23 00:03:46.580 --> 00:03:47.739 John Compton: Raise your hand. 24 00:03:47.740 --> 00:03:48.570 Peter Nagrod: I. 25 00:03:48.850 --> 00:03:53.460 John Compton: Okay. Alright, that's unanimous, Peter. Peter. I can. 26 00:03:53.950 --> 00:03:57.686 John Compton: Peter is is probably, you know, 27 00:03:58.250 --> 00:04:00.719 John Compton: painting or something. We don't know. 28 00:04:00.720 --> 00:04:05.090 Peter Nagrod: No, no, the the caps aren't playing yet. So we're okay. 29 00:04:05.540 --> 00:04:10.948 John Compton: Okay? So so this this whole 30 00:04:12.660 --> 00:04:24.790 John Compton: evening session is solely to to and I'm going to put up 31 00:04:25.570 --> 00:04:31.319 John Compton: my my, my outline of of stuff we want to go through, which will get us 32 00:04:32.195 --> 00:04:33.545 John Compton: through to 33 00:04:36.400 --> 00:04:46.300 John Compton: through this process. So 1st off so hopefully, you can see this goal for tonight is to explain the proposed contract 34 00:04:46.720 --> 00:04:54.390 John Compton: to respond to questions and hopefully authorize the mayor to sign a contract 35 00:04:54.600 --> 00:04:59.450 John Compton: after certain conditions are met, I'll change this to a Andre. 36 00:05:01.180 --> 00:05:12.229 John Compton: So I sent you a draft of the contract which has, which is very much a work in progress with a variety of things that needed to be resolved. 37 00:05:12.847 --> 00:05:21.860 John Compton: I and i, 1 or 2 others, had a meeting with with Smi this morning. 38 00:05:22.020 --> 00:05:26.639 John Compton: and we basically resolved all of the key 39 00:05:27.148 --> 00:05:51.149 John Compton: key point terms. Much of which was due to just you know, the fact that we're not used to seeing these things, so we didn't know what it meant. Even Bob Boer wasn't sure what it meant. And Bob has has been a great help. He couldn't be at this meeting, or if he's here, it'll be lucky. But because he's on his way to Costa Rica. 40 00:05:51.450 --> 00:05:58.690 John Compton: But he'll be here in in December for any further discussions, just to finalize 41 00:05:58.860 --> 00:06:07.310 John Compton: the contract. So we had the meeting this morning and went over and resolved, essentially all of the main terms 42 00:06:08.010 --> 00:06:16.139 John Compton: which which will enable, I think, the form of the contract to be clearly explained. 43 00:06:16.230 --> 00:06:23.159 John Compton: and perhaps an approval, an approval, an authorization to sign it. 44 00:06:23.965 --> 00:06:27.900 John Compton: Once. Several important things have happened. 45 00:06:28.150 --> 00:06:37.199 John Compton: Both parties are happy with it. We have had our legal review, both by Rob and by by Sue Ellen. 46 00:06:37.760 --> 00:06:47.709 John Compton: we. We will also ask Jason to give any final comments, and once all of those things are taken into consideration. 47 00:06:47.730 --> 00:06:50.219 John Compton: we could then go ahead and sign the contract. 48 00:06:52.310 --> 00:07:08.630 John Compton: so that's my intention, I hope hope tonight, and I think, to get there, or I need to give. Make the have the Council be comfortable with what exactly it is we're going to obligate ourselves to in this contract. 49 00:07:08.730 --> 00:07:13.149 John Compton: So 1st off, I do want to 50 00:07:14.019 --> 00:07:24.290 John Compton: show the first.st The 1st question there next is the budget for stormwater management. And this is both for the contract 51 00:07:24.480 --> 00:07:29.880 John Compton: and I'm gonna have to find this thing budget because I put it somewhere 52 00:07:32.840 --> 00:07:37.550 John Compton: where. It's now going to be tougher for me to find right here. 53 00:07:41.070 --> 00:07:43.075 John Compton: It's not the one I wanted. 54 00:07:48.590 --> 00:07:53.569 John Compton: Well, darn contract funding 55 00:07:59.340 --> 00:08:00.329 John Compton: I have it. 56 00:08:01.040 --> 00:08:11.639 John Compton: Apologize for it being, and I'll find it momentarily, he said. 57 00:08:11.860 --> 00:08:15.449 Barbara: John, this is Barbara. Is this something different than what's in the dropbox? 58 00:08:16.160 --> 00:08:23.680 John Compton: Yeah, yeah, it's been slightly modified. Based on our discussion. today. 59 00:08:23.730 --> 00:08:25.760 John Compton: It should be this one. 60 00:08:27.400 --> 00:08:30.589 John Compton: John, I I sent you a few hours ago. 61 00:08:30.590 --> 00:08:38.509 John Compton: Yeah, yeah, I have your comments. We can. We can get to those if we have time at the end. And if we don't cover your comment, you can certainly 62 00:08:39.309 --> 00:08:42.583 John Compton: use it in the in the 63 00:08:43.669 --> 00:08:47.089 John Compton: questions, you know part of the questions. So so let me 64 00:08:48.100 --> 00:08:52.930 John Compton: whatever I'm sharing, I'm stopping and I'm gonna share this thing. 65 00:08:53.250 --> 00:09:01.050 John Compton: I found it. I, he says confidently, okay, so this this has to do with the swim, contract funding, and expenditures. 66 00:09:01.310 --> 00:09:05.589 John Compton: So at the top is listed the funds we have available. 67 00:09:06.260 --> 00:09:12.470 John Compton: So we have the Arpa funds available, which is the 423, and change 1,000. 68 00:09:12.590 --> 00:09:22.059 John Compton: We have interest on the funds we've been holding, which is almost $46,000. So the Arpa total is 100 and about 470, 69 00:09:22.400 --> 00:09:32.880 John Compton: and you'll recall that we need a contract that passes muster at the end of the year to exceed that amount, to meet the Arpa requirements. 70 00:09:33.180 --> 00:09:42.290 John Compton: then we have our state brand of $250,000. So if you add all these together, we have available 71 00:09:42.300 --> 00:09:45.450 John Compton: 700, about $720,000. 72 00:09:45.470 --> 00:09:49.189 John Compton: So here's the proposal for for spending that money. 73 00:09:49.940 --> 00:09:58.410 John Compton: 1st off is a reserve of $25,000 for just other stormwater. 74 00:09:59.200 --> 00:10:06.210 John Compton: unforeseen expenses. It could go to the next phase which would be plans to get 75 00:10:06.340 --> 00:10:30.730 John Compton: raise money for the actual work in the Westwoods, etc. There's contract oversight. This is $25,000 for an engineering expert to help us ensure that the work is done competently. It's a Max. My intention is to engage in 76 00:10:31.309 --> 00:10:37.679 John Compton: one or a series of contracts with soltes for time spent 77 00:10:37.900 --> 00:10:44.709 John Compton: on contract oversight, which would be anything and everything, but mostly 78 00:10:45.131 --> 00:10:52.360 John Compton: making sure that the work that's being done is being done up to specifications and up to expectations. 79 00:10:53.170 --> 00:11:07.389 John Compton: In addition to that, I will say now, Bob, Bob suggested, and I agree with him that we can have. We might be able to engage Steve Wertz to serve as kind of our local 80 00:11:08.195 --> 00:11:23.680 John Compton: site logistics person. Since he knows the town, he knows about what kind of stuff we you have to watch out, for. He knows where to stage equipment, and all of that, and maybe Steve will handle all the on site 81 00:11:24.486 --> 00:11:34.280 John Compton: needs of the contractor on sites, whereas the Soltes would handle the engineering and and performance aspects. 82 00:11:35.341 --> 00:11:43.440 John Compton: So contract. And that's in here also. So the contract oversight is 25,000. So what they what you do is, you take out 50,000, you end up with 83 00:11:43.650 --> 00:11:47.270 John Compton: $670,000 available. 84 00:11:47.680 --> 00:11:49.579 John Compton: This is the contract sum 85 00:11:50.546 --> 00:12:00.879 John Compton: for design, and this is not accurate anymore, but suffice it to say that that would be the maximum we would want to spend on this contract. 86 00:12:01.580 --> 00:12:05.943 John Compton: and you'll see how that how the proposal is to 87 00:12:06.880 --> 00:12:12.829 John Compton: to actual, the actual contract funds. Any questions about this? 88 00:12:14.920 --> 00:12:15.800 John Compton: All right. 89 00:12:16.290 --> 00:12:19.255 Peter Nagrod: Oh, John, I just want to say that your 90 00:12:20.170 --> 00:12:25.759 Peter Nagrod: Jason and Steve both as the oversight team is fantastic, I really really 91 00:12:26.241 --> 00:12:30.909 Peter Nagrod: glad I'm so happy that you ended up coming up with that. So thank you. 92 00:12:30.910 --> 00:12:33.279 John Compton: Right. I haven't actually asked Steve. But 93 00:12:34.132 --> 00:12:39.160 John Compton: do it. Yeah, I think that's our best route to yeah, and 94 00:12:39.160 --> 00:12:42.120 John Compton: it'll make Smi happy. It will make us happy. So 95 00:12:45.150 --> 00:12:49.000 John Compton: alright. So let me stop anybody else on this. 96 00:12:51.930 --> 00:12:59.210 John Compton: Okay, so now I've definitely have to define my 97 00:12:59.280 --> 00:13:08.420 John Compton: alright. So the next item on that on my outline. Here is the nature of the contract. I'm going to keep showing this to you guys so you can read along with me. 98 00:13:10.060 --> 00:13:15.900 John Compton: so that was the budget. And now the nature of the contract. So the contract which you guys hopefully looked at 99 00:13:16.650 --> 00:13:25.150 John Compton: was provided to us blank, basically by Smi, and what it is is, it's an exhibit 100 00:13:25.330 --> 00:13:31.080 John Compton: to a standard Aia American students. 101 00:13:31.480 --> 00:13:39.779 John Compton: whatever it is, or or I'm not even sure what it stands for. But it's a stand. It's the. It's the industry standard contract. 102 00:13:40.590 --> 00:13:47.349 John Compton: which can, which contains all of the boilerplate expectations and and standards and blah blah 103 00:13:48.068 --> 00:14:01.469 John Compton: and but the specifics of of any contract is included. If you're not willing to muck around with, the main contract is included in an exhibit, and that's what Smi sent us. 104 00:14:01.560 --> 00:14:04.499 John Compton: Unfortunately, we don't have the Standard Contract 105 00:14:05.380 --> 00:14:26.480 John Compton: yet, in spite of being asking for it, but I am assured they will send it to us. Dave Koston, in particular, has pointed out we ought to see it. Bob knows we ought to see it. I know we ought to see it. Not that we're going to make any any changes or have any issues with it. But hey, we're signing a contract that depends heavily on that part, so we'll get it. 106 00:14:26.490 --> 00:14:36.089 John Compton: But what we're working with is an exhibit to that. So that's the. And so this the the strategy here that we finally have 107 00:14:37.100 --> 00:14:44.770 John Compton: have have realized will work best because of this design build. And because we really aren't certain. 108 00:14:44.810 --> 00:14:51.440 John Compton: because we only have a maximum amount of funds we can expend is to sign a main contract 109 00:14:51.790 --> 00:15:02.250 John Compton: as soon as we can, and recognize that once the design documents are are finished. So 110 00:15:02.290 --> 00:15:04.590 John Compton: once the options for design 111 00:15:04.620 --> 00:15:10.299 John Compton: are presented, and we decide what what will serve the town best in terms of 112 00:15:10.310 --> 00:15:20.460 John Compton: performance, etc, that that that may exceed the main contract funds. 113 00:15:20.650 --> 00:15:26.060 John Compton: in which case we would amend the main contract by appropriating more money. 114 00:15:26.130 --> 00:15:30.860 John Compton: agreeing to more money to go toward this project. 115 00:15:31.020 --> 00:15:41.849 John Compton: So what that means is that the main, the proposed main contract isn't for the $670,000 we have available. It's for considerably less. 116 00:15:42.690 --> 00:15:47.570 John Compton: but it provides for adding on 117 00:15:48.290 --> 00:15:52.810 John Compton: other things that you know better design whatever. 118 00:15:52.840 --> 00:15:58.729 John Compton: Up to that, up to the the funds we have but to do that we would have to 119 00:15:58.990 --> 00:16:02.110 John Compton: make. We would have to add that to the contracts. 120 00:16:02.850 --> 00:16:12.730 John Compton: So that's the strategy. And so what we need to do is is ensure that the main contract, which specifies almost everything 121 00:16:13.277 --> 00:16:18.449 John Compton: is to our satisfaction as well as the contractors. Satisfaction. 122 00:16:18.860 --> 00:16:23.850 John Compton: Alright. So I'm gonna move on to the key terms of the contract, I think. 123 00:16:24.710 --> 00:16:31.029 John Compton: and and you've had a chance to look at it. I hope everyone and there may be. I don't think I missed any, but it's possible I did. 124 00:16:31.300 --> 00:16:35.680 John Compton: but it kind of listed them here. One is that the actual contract sum. 125 00:16:35.990 --> 00:16:42.379 John Compton: the term of the of the of the contract. The deliverables is key. 126 00:16:42.690 --> 00:16:46.849 John Compton: This thing called guaranteed maximum price, something. 127 00:16:47.380 --> 00:16:50.129 John Compton: We had trouble getting our heads around 128 00:16:51.510 --> 00:16:56.529 John Compton: figuring out what it means. But I'll explain. I think it got it straight now, and I think we've 129 00:16:57.760 --> 00:17:00.439 John Compton: greed with Smi. 130 00:17:00.450 --> 00:17:07.160 John Compton: How that will be incorporated. Then there's the payment procedure. 131 00:17:07.300 --> 00:17:19.649 John Compton: how they how they will be received payments. And, lastly, is this thing called the schedule of values, which is the actually specifies, the the 132 00:17:20.180 --> 00:17:28.550 John Compton: anticipate, the the maximum price allowed for various aspects of the work. 133 00:17:29.250 --> 00:17:31.350 John Compton: and I'll show you that in a moment. 134 00:17:34.830 --> 00:17:41.380 John Compton: well, that's so. Let's go through the key terms of the contract. The contract sum is the cost of the work 135 00:17:41.630 --> 00:17:49.389 John Compton: per the per. The blank form cost of the work plus the design builders fee with a guaranteed maximum price. 136 00:17:49.670 --> 00:17:55.540 John Compton: So what the heck are these? Well, it's the maximum to be spent in the contract no more. 137 00:17:57.092 --> 00:18:12.000 John Compton: It. It could be a the design builder fee could be specified 5%, 10%, whatever it is. Smi has indicated that they they wouldn't, that that this is kind of tricky to do in a design bill. 138 00:18:12.130 --> 00:18:18.269 John Compton: So what they're going to do is they're building their fees into their costs, which is the other way of doing it. 139 00:18:18.800 --> 00:18:30.060 John Compton: You know they they into their estimates and their proposed, their their actual cost of doing the work. So we're not going to have to deal with a design builder fee 140 00:18:31.090 --> 00:18:37.549 John Compton: and the contract sum, as I indicated before, can be changed if the contracts amended. 141 00:18:39.430 --> 00:18:40.520 John Compton: All right. 142 00:18:42.140 --> 00:18:45.091 John Compton: So at this point let me show the 143 00:18:50.820 --> 00:19:12.050 John Compton: Well, let me go through the term. The term for the contract. That's the amount of time to do the to do the work. It it needs to be specified with the option of extension. If it's advantageous to the project. This is all obvious. I'm proposing that the contract period be for 9 months from the effective date, or the signature, date, or whatever date we agree on. 144 00:19:12.530 --> 00:19:17.660 John Compton: of which 3 months will be to complete 100% design 145 00:19:18.990 --> 00:19:28.340 John Compton: at, and at that point we will then know exactly what we're going to spend on each particular area and piece of construction. 146 00:19:28.550 --> 00:19:34.770 John Compton: and then 6 months to to do the construction so 9 months. 147 00:19:34.890 --> 00:19:48.690 John Compton: So if we got it, then say, by the beginning of the year the it would be nominally the whole thing would be over in September. There's a provision they want that that provides for seasonal 148 00:19:48.820 --> 00:19:56.830 John Compton: issues, which is fine. Obviously, if you can't do the work due to seasonal problems like floods and 149 00:19:57.404 --> 00:20:01.489 John Compton: other stuff that would affect the term. 150 00:20:02.090 --> 00:20:11.199 John Compton: Alright, let's get on to the really the important thing, and that's that is, these deliverables. And at this point I'm going to show 151 00:20:11.560 --> 00:20:19.169 John Compton: the contract with that language in it. Let's see. Stop the share 152 00:20:19.330 --> 00:20:22.609 John Compton: any questions about this. I don't want to rush past anything 153 00:20:23.210 --> 00:20:24.710 John Compton: and and not have it be. 154 00:20:24.860 --> 00:20:25.770 John Compton: It's clear. 155 00:20:25.770 --> 00:20:31.440 Peter Nagrod: I guess I have one question, John. As far as the what's the total amount? 750,000. 156 00:20:31.440 --> 00:20:33.320 John Compton: That's what you're about to see. Yes. 157 00:20:33.800 --> 00:20:37.520 Peter Nagrod: But my question, my question is, do we have to commit? 158 00:20:37.570 --> 00:20:42.890 Peter Nagrod: Do we have to show the people that are the grantees that we've 159 00:20:43.305 --> 00:20:47.400 Peter Nagrod: got contracts for the $750,000, or can we just 160 00:20:48.470 --> 00:20:52.490 Peter Nagrod: or do we? We can just show that we've begun like, how's that work? 161 00:20:53.460 --> 00:20:56.660 John Compton: Right? Okay. For Arpa. 162 00:20:57.160 --> 00:20:57.820 Peter Nagrod: Yeah. 163 00:20:58.328 --> 00:21:03.409 John Compton: For Arpa, I'm 90 short of asking one more time. 164 00:21:03.460 --> 00:21:13.510 John Compton: I'm virtually certain that what we need to have is is proof that we committed the funds to 165 00:21:13.520 --> 00:21:19.370 John Compton: being spent before the end of this year, and we only need to report that 166 00:21:19.520 --> 00:21:24.479 John Compton: in our report and in our case we do an annual report which will be due in April. 167 00:21:25.320 --> 00:21:29.790 John Compton: So we don't have to do anything until April. 168 00:21:30.600 --> 00:21:38.159 John Compton: when we when we will say, Okay, we've committed all the funds in a contract. Here's the contract. 169 00:21:38.782 --> 00:21:49.399 John Compton: and here's how it breaks down, and we're spending it and and meet their reporting guidelines at that point, because we'll actually have expenditures. 170 00:21:50.090 --> 00:21:54.689 John Compton: So that's for the Arpa funds. And that's the best of my understanding, you know. 171 00:21:54.790 --> 00:22:01.929 John Compton: Confirm that because obviously we don't want to get into trouble for the State. The State funds are by reimbursement. 172 00:22:02.270 --> 00:22:07.059 John Compton: so to we spend any of the State bond money we have to submit 173 00:22:07.380 --> 00:22:24.249 John Compton: per their requirements. Evidence that we have spent the money in in. You know what we spend it on, and then, you know, 2 years later they will reimburse it. I don't know how much later, but you know we will be reimbursed for expenditures. 174 00:22:25.050 --> 00:22:25.540 Peter Nagrod: Okay. 175 00:22:25.540 --> 00:22:26.409 John Compton: Your question. 176 00:22:26.590 --> 00:22:27.989 Peter Nagrod: Yeah, yeah, kind of. 177 00:22:28.430 --> 00:22:34.880 John Compton: Okay? And because we have such a excellent reserve. 178 00:22:34.950 --> 00:22:51.010 John Compton: you know, we don't need to burden the contract. And they already asked me this question, what do we have to give you so that you're you're you're assured of getting money for this contract, and I told them you don't need to provide us anything. We already have the money for the contract. 179 00:22:51.410 --> 00:23:01.829 John Compton: So yes, they'll have. They may have to provide us some some specific proof of expenditure. I don't know for the State bond, but I doubt they'll have to provide anything for. 180 00:23:02.170 --> 00:23:04.300 John Compton: We will have to provide our 181 00:23:04.410 --> 00:23:13.240 John Compton: a good record, and you will get down to payments, you'll see what, how, how thorough those records will be as this pro as a pro as the. 182 00:23:13.240 --> 00:23:13.640 Jean Moyer: John. 183 00:23:13.790 --> 00:23:15.310 John Compton: It's carried out. Yeah. 184 00:23:15.310 --> 00:23:17.889 Jean Moyer: Done. I mean, we do need invoices. 185 00:23:18.350 --> 00:23:22.339 John Compton: Of course you request for payment. They call them requests for payment. 186 00:23:22.340 --> 00:23:26.889 Jean Moyer: I meant we'll need an invoice from Smi 187 00:23:27.130 --> 00:23:30.960 Jean Moyer: as proof of our reimbursement request. 188 00:23:31.600 --> 00:23:37.250 Jean Moyer: So I was not clear what you were just saying sounded like they don't even have to give us invoices. 189 00:23:37.250 --> 00:23:44.540 John Compton: Yeah, they should will not have to give us invoices, because this is this is a contract they're going to have 3rd party contractors 190 00:23:45.760 --> 00:23:46.940 John Compton: themselves. 191 00:23:47.480 --> 00:23:52.410 John Compton: So I mean, it's it's. 192 00:23:55.020 --> 00:23:58.629 Robert Gilmore: We, we are allowed to perform an audit on their work. 193 00:23:59.290 --> 00:24:00.690 John Compton: If that's what you're worried about. 194 00:24:00.690 --> 00:24:08.060 Jean Moyer: No, I'm I if- if I we're a State grant auditor. 195 00:24:08.950 --> 00:24:14.839 Jean Moyer: Yes, I could look at the contract, and the contract would have a payment schedule, or something like that. 196 00:24:15.240 --> 00:24:20.750 Jean Moyer: but I would want to see proof that the work we paid for was done. 197 00:24:21.090 --> 00:24:23.990 Robert Gilmore: Generally that's documented on an invoice. 198 00:24:24.880 --> 00:24:25.380 Robert Gilmore: Yeah. 199 00:24:25.380 --> 00:24:27.250 John Compton: So that's what Saltez is here. 200 00:24:27.250 --> 00:24:33.449 Robert Gilmore: We may be talking past each other. John. The the contract 201 00:24:33.680 --> 00:24:43.039 Robert Gilmore: has a process by which they submit invoices on a monthly basis. It's cost reimbursable. So it it's not. This is not like a a lump sum 202 00:24:43.130 --> 00:24:46.940 Robert Gilmore: fixed price contract where we just pay them one amount. 203 00:24:47.290 --> 00:24:51.377 Robert Gilmore: They they get the work done, or they don't. But you know but the 204 00:24:52.446 --> 00:24:54.909 Robert Gilmore: here they invoice us 205 00:24:55.060 --> 00:25:02.624 Robert Gilmore: on a monthly basis for the work they've done, the the cost plus the designer fee 206 00:25:03.720 --> 00:25:06.419 Jean Moyer: That that's what I would call an invoice. But yeah. 207 00:25:06.420 --> 00:25:09.039 John Compton: Yes, and they call it a request for payment. Yes. 208 00:25:09.040 --> 00:25:15.699 Robert Gilmore: Yeah, yeah, that's that's what is provided in the con. I think what Gene was referring to is the same thing that's in the contract. 209 00:25:15.700 --> 00:25:17.110 Jean Moyer: Okay. Good. Thank you. 210 00:25:17.110 --> 00:25:25.109 John Compton: And when I said the State may require something more rigorous because they, the the contract, also provides, talks about auditing. 211 00:25:25.310 --> 00:25:27.460 John Compton: you know, if if you know. 212 00:25:27.490 --> 00:25:42.569 John Compton: if you, if you you know, if if you just paid lump sum or were stipulated, and and you wanted to be sure that the funds were all spent on this project, you have to have the right to audit so either you audit their books or 213 00:25:43.010 --> 00:25:46.000 John Compton: whatever, and it it the contract 214 00:25:46.440 --> 00:25:50.869 John Compton: could have those provisions. I'm not sure we want those provisions, but 215 00:25:52.580 --> 00:25:54.930 John Compton: I'm not sure I don't. I don't think we do, but 216 00:25:55.250 --> 00:25:58.460 John Compton: it's those are all potential terms. Yes. 217 00:26:01.390 --> 00:26:19.790 John Compton: okay. So here we are with the contract, and you know it's got it's got a short description of the project, a bunch of stuff. Here's the contract time that I that that I indicated 9 months from whatever date it is, and it says 3 months to complete the 100. Anyway, it says exactly what I told you. 218 00:26:21.340 --> 00:26:30.979 John Compton: all right, and then comes that's the term. And then comes the deliverables, and the 1st thing the deliverable says that our stormwater 219 00:26:31.718 --> 00:26:39.949 John Compton: the swim Rfp. Is incorporated into this contract because that contains a lot of our 220 00:26:40.727 --> 00:26:45.770 John Compton: the information of the of the work that's needed and what we wanted 221 00:26:45.840 --> 00:26:57.450 John Compton: in more detail, and and I, neither I nor them saw any reason. We we should simply repeat that information. We simply incorporated it in or incorporating it into the contract. 222 00:26:58.260 --> 00:27:09.219 John Compton: However, that does mean a few things that are in the Rfp. Need to be modified because they kind of imply things that Smi got concerned about. 223 00:27:09.390 --> 00:27:29.450 John Compton: and we've addressed those. None of them are onerous like one of them says something like the contractor under the bidding, you know, when you're submitting your bid. I remember this was a request for proposals. There was a statement that a contractor shall be familiar with the towns. The town's 224 00:27:30.140 --> 00:27:37.430 John Compton: design. Wait a moment. What was the exact term? Dang? I'm forgetting the term specifications. 225 00:27:37.790 --> 00:27:44.070 John Compton: And so they read that. And they said, well what specifications we you haven't given us any specifications. 226 00:27:44.710 --> 00:27:50.269 John Compton: Well, it in the Rfp. It really meant the specifications in the Rfp. 227 00:27:50.430 --> 00:27:51.820 John Compton: So it should have said 228 00:27:51.830 --> 00:28:06.809 John Compton: the contractor should be familiar with the specifications in this Rfp, so we're gonna you're just going to modify that with a with a note that that's really what it means. They're not going to get any further specifications from us. 229 00:28:07.462 --> 00:28:16.730 John Compton: If you were Gaithersburg, you know, you might have boilerplate stuff about how a concrete a concrete basin would have to be. 230 00:28:16.890 --> 00:28:30.409 John Compton: you know, would have to be constructed, or anything else, and you would just provide those as part of your contracting your contract, whereas we don't have any of that 231 00:28:31.230 --> 00:28:38.799 John Compton: we do have expectations that it be met. Go to a standard, but our standards are not 232 00:28:39.360 --> 00:28:41.610 John Compton: in that same form. 233 00:28:42.220 --> 00:28:55.710 John Compton: Okay, so the Rfp. The point is, the Rfp. Has a couple of minor minor tweaks in it, none of which will differ in any way from this contract here or our expectations. 234 00:28:56.990 --> 00:29:01.979 John Compton: All right, here's the deliverables. So the 1st is the 35% engineering 235 00:29:02.690 --> 00:29:04.529 John Compton: you, you would have seen that? 236 00:29:05.570 --> 00:29:07.329 John Compton: And then 237 00:29:07.460 --> 00:29:19.314 John Compton: per, what Bob asked for, you know, includes the survey, the flow, modeling analysis, the design in the 9 potential work areas, the work areas, 238 00:29:20.080 --> 00:29:36.170 John Compton: a an assessment presentation to to the town approval by the town, revised designs, per presentation, etc. Then there's a 65% design. 239 00:29:36.290 --> 00:29:39.870 John Compton: which would only be necessary for the more 240 00:29:40.570 --> 00:29:44.759 John Compton: elaborate installations, such as the gravel wetlands 241 00:29:45.080 --> 00:29:48.479 John Compton: I we call the detention facilities. 242 00:29:49.251 --> 00:29:55.249 John Compton: So the gravel wetlands at the end of center, and the the installation 243 00:29:55.280 --> 00:30:03.180 John Compton: where we tear up part of the asphalt, the asphalt swale 244 00:30:03.330 --> 00:30:06.429 John Compton: and put in, put in a feature 245 00:30:06.650 --> 00:30:11.330 John Compton: those might need a further design prior to 246 00:30:12.300 --> 00:30:19.900 John Compton: where decisions would need to be made, then a hundred percent design of everything at the 100% final designs. 247 00:30:20.200 --> 00:30:25.520 John Compton: This is the. This is the point at which the 248 00:30:25.540 --> 00:30:30.159 John Compton: actual guaranteed maximum prices are set 249 00:30:30.920 --> 00:30:34.240 John Compton: because they could be adjusted, based on the design. 250 00:30:34.960 --> 00:30:38.540 John Compton: So let me show you at this point. 251 00:30:39.506 --> 00:30:45.580 John Compton: A a schedule of values. 252 00:30:46.750 --> 00:30:49.459 John Compton: Find the schedule. I get a lot of documents here. 253 00:30:49.670 --> 00:30:51.960 John Compton: Oh, where is it? 254 00:30:52.680 --> 00:30:55.960 John Compton: The other schedule proposed schedule of values. 255 00:30:57.380 --> 00:31:04.330 John Compton: Here, there we go. So I'll stop to share and show you this. 256 00:31:06.350 --> 00:31:08.770 John Compton: And it was I. I think I 257 00:31:08.870 --> 00:31:14.100 John Compton: put it in the folder. If those schedule, those there 258 00:31:14.540 --> 00:31:19.400 John Compton: make it a little bit bigger here, so you can see what this is. 259 00:31:19.930 --> 00:31:27.260 John Compton: Alright. So this is really the key for for for allocating funds. This is the key 260 00:31:27.560 --> 00:31:36.390 John Compton: table. It's also used as you go through as they go through the work. The rest of these columns might be filled out 261 00:31:37.120 --> 00:31:44.000 John Compton: alright. So they have a series of items. Item, one is the 35% design. 262 00:31:44.390 --> 00:31:47.949 John Compton: Item, 2 is the 65% design. 263 00:31:48.240 --> 00:31:50.379 John Compton: And 3 is the 100%. 264 00:31:50.590 --> 00:31:53.529 John Compton: So they have specified values 265 00:31:54.370 --> 00:32:02.420 John Compton: in this contract. Because that's the initial work they're going to do. These are the guaranteed maximum price 266 00:32:02.800 --> 00:32:06.409 John Compton: to do those deliverables. If it costs them more they eat it 267 00:32:07.389 --> 00:32:14.410 John Compton: if it costs them less, they'll probably make more money. But since it's a small part of the contract. 268 00:32:14.904 --> 00:32:24.030 John Compton: That's what that's what these 3 are. Then the schedule of values goes on to. Now include all of the construction related 269 00:32:24.130 --> 00:32:30.589 John Compton: stuff. This is our version, our for our particular purposes. This works really best. 270 00:32:30.860 --> 00:32:39.759 John Compton: And so we so what you see is some clean out. This is just some preparation expense. And then for each of the areas where there's work. 271 00:32:40.010 --> 00:32:52.230 John Compton: there is a there is a cost. This cost comes from Smi's latest September 29th bid 272 00:32:53.240 --> 00:32:56.640 John Compton: with with breakdown, all of which 273 00:32:57.230 --> 00:33:05.530 John Compton: assumed a grassy swale, a natural swale. No bioswales assumed. 274 00:33:06.490 --> 00:33:19.859 John Compton: So this is the proposed schedule of values, and you will see that what it does is it? It's about $46,000 for the design engineering. 275 00:33:20.530 --> 00:33:23.279 John Compton: about 480,000. 276 00:33:23.540 --> 00:33:29.710 John Compton: For what? For what? These areas, each of these areas to to construct 277 00:33:30.550 --> 00:33:34.580 John Compton: and includes this line of a contingency of 278 00:33:34.890 --> 00:33:38.090 John Compton: about 10%. It's not quite 10% 279 00:33:38.610 --> 00:33:41.620 John Compton: just to make it easy to adjust. 280 00:33:41.930 --> 00:33:50.690 John Compton: And these individual item values, once the designs are determined. 281 00:33:51.120 --> 00:33:53.959 John Compton: I mean, these values could go down, they could go up. 282 00:33:53.970 --> 00:33:59.269 John Compton: This is a contingency to account for that, so that the contract wouldn't need any modification 283 00:33:59.610 --> 00:34:02.560 John Compton: or reapproval, or anything like that. 284 00:34:02.680 --> 00:34:06.409 John Compton: That's what these contingency are, and this is an overall contingency. 285 00:34:06.960 --> 00:34:09.090 John Compton: All right. What does that add up to 286 00:34:09.480 --> 00:34:21.450 John Compton: that adds up to $470,000, and change 471. I see it's 400. I made it to add up to 4. Sorry, $570,000. 287 00:34:23.530 --> 00:34:24.480 John Compton: All right. 288 00:34:25.219 --> 00:34:28.631 John Compton: So let's go back to the 289 00:34:29.280 --> 00:34:36.010 John Compton: contract. So that's the now the the proposed contract sum. 290 00:34:40.920 --> 00:34:46.059 John Compton: it's it was up here actually, not to exceed $570,000 291 00:34:48.960 --> 00:34:58.389 John Compton: right? But, as you saw from the schedule of values, the the initial anticipated work would only cost $527,000. 292 00:35:01.220 --> 00:35:05.490 John Compton: But it's a design build. So those numbers are are 293 00:35:05.580 --> 00:35:09.120 John Compton: fully expected to to change in detail. 294 00:35:12.230 --> 00:35:13.060 John Compton: All right. 295 00:35:13.538 --> 00:35:30.740 John Compton: So deliverable. So then there's then there's this 4 is, do all the work based on the approved final design. The notes. Just say, we're gonna retain an engineer, and we probably will have a construction coordinator. That was what I was gonna call Steve 296 00:35:30.990 --> 00:35:39.810 John Compton: Steve words alright. Then there's the details of how the how, the how the funds are are. 297 00:35:41.410 --> 00:35:44.610 John Compton: how the cost is to be specified. 298 00:35:44.750 --> 00:35:49.495 John Compton: So it tells you. It tells you about the con, the the the 299 00:35:51.480 --> 00:35:57.784 John Compton: the the contract some. Again, there was some different options for 300 00:35:58.540 --> 00:36:04.060 John Compton: for specifying how the how the contract would be be done. 301 00:36:04.260 --> 00:36:21.389 John Compton: And in in our case we're doing a cost of the work plus design builder fee with a guaranteed maximum price. I just told you that Smi is is foregoing a separate design builder fee. So it's cost of the work, plus with a guaranteed maximum price. 302 00:36:21.610 --> 00:36:27.239 John Compton: And I just explained to you that the schedule of values will contain the guaranteed maximum prices. 303 00:36:28.440 --> 00:36:35.213 John Compton: and the cost of the work is in the breakout of each of those for each of those 304 00:36:36.260 --> 00:36:37.610 John Compton: work areas. 305 00:36:37.880 --> 00:36:45.529 John Compton: Except for the design build which isn't broken out, and 306 00:36:46.420 --> 00:36:52.080 John Compton: So so that's where how, how those numbers will be arrived at and will be sent. 307 00:36:52.740 --> 00:36:57.459 John Compton: and then for that option. There's some language here. 308 00:36:57.550 --> 00:37:00.359 John Compton: Blah blah! Blah! Don't worry about any of this stuff. 309 00:37:00.580 --> 00:37:10.149 John Compton: The itemized statement of the guarantee maximum price here we're just describing what I just showed you, that the guarantee maximum price is listed in the schedule of values 310 00:37:10.490 --> 00:37:20.190 John Compton: that the delivery for the design build is the guaranteed maximum price is the sum of the of the cost for design. 311 00:37:20.400 --> 00:37:24.920 John Compton: The guaranteed price for the construction is the sum of all the other items. 312 00:37:25.674 --> 00:37:31.900 John Compton: This is the important phrase subject to adjustments based on the design build documents. 313 00:37:33.730 --> 00:37:42.759 John Compton: So for example, if if we wanted to do one of those areas of bioswale, and it cost us another $25,000. 314 00:37:43.440 --> 00:37:51.810 John Compton: We could decide to do that because the contract contains a contingency of 45,000, and we could take 25,000 from that. 315 00:37:51.840 --> 00:38:03.880 John Compton: And then whatever work area that would be the amount the guaranteed maximum price would change because the work has changed, the specification has changed. 316 00:38:03.960 --> 00:38:08.529 John Compton: and that number would change. So that that's what that means. And 317 00:38:10.580 --> 00:38:17.539 John Compton: Lastly, this, I don't know where to put this, but this concerns permits. Smi has put nothing in regarding permits. 318 00:38:18.070 --> 00:38:19.299 John Compton: We do not 319 00:38:19.320 --> 00:38:25.680 John Compton: expect to have any permit fees. The town will issue permits for for doing the work like like 320 00:38:25.990 --> 00:38:29.450 John Compton: the planning Commission has done for utilities. And what have you? 321 00:38:30.970 --> 00:38:38.109 John Compton: But none of that has a fee. The only fee might come if we needed a permit from Montgomery County, and we 322 00:38:38.230 --> 00:38:44.899 John Compton: probably, if we do the gravel wetlands, that one seems to almost certainly need a permit. 323 00:38:45.130 --> 00:38:50.330 John Compton: since we haven't put permit fees in here, we will be responsible for the permits 324 00:38:50.800 --> 00:38:55.699 John Compton: payment, and that will be outside this contract unless we add it back in. 325 00:38:55.820 --> 00:38:59.400 John Compton: and I don't anticipate adding it back in, so that 326 00:38:59.480 --> 00:39:05.039 John Compton: that will be in addition to the contract sum, which is 570,000. 327 00:39:05.950 --> 00:39:09.968 John Compton: But you'll notice that that leaves $200,000. 328 00:39:10.410 --> 00:39:14.490 John Compton: I mean, I'm sorry. A $100,000 from our 329 00:39:14.650 --> 00:39:20.069 John Compton: the maximum we made available. I proposed to make available, which was 670, 330 00:39:20.230 --> 00:39:24.890 John Compton: we have a hundred $1,000 unallocated. 331 00:39:25.090 --> 00:39:33.759 John Compton: It could pay permits. It also could pay for additional work. Say, say, it turns out that we can do bioswales. And, by the way, the 332 00:39:34.030 --> 00:39:38.439 John Compton: whether we do bioswales, whether they're the 1st hurdle is. 333 00:39:38.580 --> 00:39:43.570 John Compton: will the ground absorb water in a way that makes a bioswale effective 334 00:39:43.720 --> 00:39:53.150 John Compton: if our ground doesn't absorb water very quickly, and you know, or or adequately or too slowly to get much benefit. 335 00:39:53.240 --> 00:40:00.174 John Compton: then we're not going to do a bios well, which is why the contract is written only for surface 336 00:40:00.570 --> 00:40:09.830 John Compton: natural swales without the bioswale. But we would, might we? We could add in the bioswales, which is an extra cost, and we had the extra 100,000. 337 00:40:10.250 --> 00:40:17.479 John Compton: But if that cost exceeds the 570 in the contract, we would have to amend the contract to add more funds. 338 00:40:17.600 --> 00:40:23.089 John Compton: We'd we'd have to come back to the Council and actually decide to do that 339 00:40:27.100 --> 00:40:43.559 John Compton: by not putting that into the contract. From the get go where I think we're able to specify an amount, we will all virtually certain to spend 500,000 $570,000. There's no no attempts to underspend that. 340 00:40:43.660 --> 00:40:50.320 John Compton: and we can then show show Arpa that their funds they're totally allocated. 341 00:40:50.750 --> 00:40:56.910 John Compton: The State funds have not been totally allocated, but then they don't have a requirement that we do that yet. 342 00:40:58.840 --> 00:41:08.950 John Compton: So that's why the potential for amendment is there, and that's why, and and and the and the work we're putting into the contract. is 343 00:41:12.300 --> 00:41:20.080 John Compton: We we could choose more expensive installations and and have to come back to amend the contract 344 00:41:21.900 --> 00:41:27.053 John Compton: alright. The next sections, then, is the payments. This is what what 345 00:41:28.188 --> 00:41:32.100 John Compton: we were alluding to. There's this progress payments. 346 00:41:32.330 --> 00:41:49.119 John Compton: and that goes into some, you know, when when it should be submitted. And I'm letting Smi to fill this out in its entirety. Whatever works for them will work for us. We've already agreed we could pay them monthly based on on submitting invoices 347 00:41:49.440 --> 00:42:00.749 John Compton: in the previous month, and those invoices. You know the question is, how detailed will those invoices be? Let me show you an example of what they used as submissions. 348 00:42:00.920 --> 00:42:05.078 John Compton: They provided us with an example. And it was, 349 00:42:06.950 --> 00:42:11.229 John Compton: yeah, yeah, where is it? Example, payment request? 350 00:42:12.000 --> 00:42:17.410 John Compton: There it is, and let's get the right one showing. 351 00:42:18.360 --> 00:42:20.870 John Compton: So let me just show you what that is. 352 00:42:25.460 --> 00:42:27.920 John Compton: Okay, this is their example. 353 00:42:30.280 --> 00:42:31.980 John Compton: Fine there is. 354 00:42:32.040 --> 00:42:34.889 John Compton: So here it is. This is an application for payment. 355 00:42:35.120 --> 00:42:46.520 John Compton: You know it lists the total contract, the amount expended, the amount to date. If there's any change, orders that that amount would change like an amendment, I'm calling to have an amendment. 356 00:42:47.317 --> 00:42:53.129 John Compton: There's a retainage we're not gonna require them to retain for anything they 357 00:42:53.775 --> 00:43:02.260 John Compton: they bit, they they ask for payment. If the that project is that sub project is not complete. We're going to retain 358 00:43:02.370 --> 00:43:05.869 John Compton: a portion of of what they asked for to ensure 359 00:43:05.910 --> 00:43:11.590 John Compton: as a protection against them, not completing it. And it's 5% here. 360 00:43:11.620 --> 00:43:13.919 John Compton: Okay? So they do this calculation. 361 00:43:15.316 --> 00:43:20.010 John Compton: for what they're asking for. In addition, there is this sheet. 362 00:43:20.480 --> 00:43:27.379 John Compton: This sheet then lists the various kinds of work involved 363 00:43:27.990 --> 00:43:52.069 John Compton: that they're requesting payment for. And here this is an example of somebody else. So we would. It would be more. It would be different for us, and you can see the kind of things it would be by. Go, look! Going back and looking at one of their submissions. They're one of their their estimate proposals, but it would be like excavating, grading. 364 00:43:52.130 --> 00:43:54.870 John Compton: erosion, sediment, control. 365 00:43:55.408 --> 00:44:02.369 John Compton: storm drainage, asphalt paving. We're having them rip up our roads to a certain extent, so they have to pay 366 00:44:02.570 --> 00:44:05.030 John Compton: putting in topsoil 367 00:44:05.593 --> 00:44:22.979 John Compton: it would be landscaping and the landscaping in their in their estimates are is an allowance they're putting in an allowance meaning, you know, it doesn't tell you. It doesn't say exactly what is being. It's being spent being used 368 00:44:23.000 --> 00:44:27.130 John Compton: for. But we all agree what they should put in for landscaping, for example. 369 00:44:27.510 --> 00:44:41.270 John Compton: rip, rap, etc, so that this this all adds up to the the here's the contract scheduled value. Here's how much they spent out of each of these categories for this submission. 370 00:44:42.030 --> 00:44:46.340 John Compton: and then they go on and calculate the 371 00:44:47.233 --> 00:44:57.330 John Compton: there's there's a few other things here, all of which just is an example of how this this payment request would would the form it would take. 372 00:45:00.410 --> 00:45:04.989 Jean Moyer: John, do do you anticipate having Jason review these. 373 00:45:04.990 --> 00:45:05.670 John Compton: Yes. 374 00:45:05.670 --> 00:45:06.979 Jean Moyer: Okay. Thank you. 375 00:45:06.980 --> 00:45:08.889 John Compton: Exactly. That's exactly what we agree. 376 00:45:09.110 --> 00:45:12.950 Jean Moyer: Thank you. I may. I think I mentioned it before, but yes. 377 00:45:13.120 --> 00:45:16.289 John Compton: Yes, we we we need to have somebody. 378 00:45:16.947 --> 00:45:21.060 John Compton: Confirm. Yep, they did the the soil 379 00:45:21.330 --> 00:45:31.060 John Compton: billing. They they did the excavation, whatever they're they're they're requesting funding for. And it's progress funding progress payments. 380 00:45:34.360 --> 00:45:40.680 John Compton: Okay, back to. I think we're getting near the end, so we can get on with any 381 00:45:42.340 --> 00:45:45.220 John Compton: question somewhere. But where did I? What did I do? 382 00:45:46.500 --> 00:45:50.320 John Compton: If I don't have the contract in front, it just becomes 383 00:45:50.550 --> 00:45:52.680 John Compton: right there to find it. Okay. 384 00:45:57.550 --> 00:45:58.850 John Compton: get that back. 385 00:46:00.150 --> 00:46:02.080 John Compton: Did I stop the share? Yeah. 386 00:46:07.810 --> 00:46:08.630 John Compton: this happened. 387 00:46:09.330 --> 00:46:11.310 John Compton: There it is again. Okay. 388 00:46:11.890 --> 00:46:21.490 John Compton: alright, we're back. So all this payment stuff they will put in what they think is adequate for for their needs. We'll look at it and we'll make comments on it 389 00:46:21.660 --> 00:46:35.729 John Compton: and make adjustments. But it's it's all there. There should be no issues. What? What you know, where it doesn't meet our requirements? Gene can certainly say, you know, can we? We can't do that. But we can do this. What have you? 390 00:46:35.920 --> 00:46:43.119 John Compton: We die, and and this has a whole bunch of things in it that are not part of won't be part of our contract like this one 391 00:46:43.260 --> 00:46:46.269 John Compton: stipulated some. We don't have any stipulated sums. 392 00:46:46.930 --> 00:46:51.599 John Compton: etc. So let's go to finish with the payments. 1.5 393 00:46:52.529 --> 00:47:00.649 John Compton: here's some more details on the contract time. We may or may not need to put something here, but it will be basically up there with the term 394 00:47:01.150 --> 00:47:02.870 John Compton: the term of 395 00:47:04.820 --> 00:47:12.639 John Compton: information. This has to do with amendment, so if we do, an amendment is I, we won't use this language. We'll 396 00:47:13.930 --> 00:47:20.149 John Compton: or we'll use this and and and adapt it to whatever amendment we we produce. 397 00:47:20.914 --> 00:47:25.720 John Compton: We want drawings. That's 1 of the specification deliverables. 398 00:47:26.060 --> 00:47:32.599 John Compton: So we want to final drawings, sustainability plan. We don't have one. 399 00:47:33.400 --> 00:47:40.420 John Compton: So if if there was one, we would have to provide it obviously to the 400 00:47:40.916 --> 00:47:46.183 John Compton: contractor. So we did that. For example, we did that with with our 401 00:47:46.590 --> 00:47:49.810 John Compton: with Casella. We want to know how much. 402 00:47:50.180 --> 00:48:02.720 John Compton: how much recyclables they are taking away to recycle for recycling. So that's our sustainability plan. Would you tell us how much you're taking to the recycling center? 403 00:48:03.010 --> 00:48:05.879 John Compton: So we so we can utilize that information. 404 00:48:06.320 --> 00:48:09.794 John Compton: But we won't have anyone anything here. We have nothing here. 405 00:48:10.150 --> 00:48:14.760 John Compton: there's allowances and contingencies. This isn't 406 00:48:14.990 --> 00:48:24.169 John Compton: critical here, but what I told you. They put landscaping and allowances into each of their calculated costs for each work area. 407 00:48:24.440 --> 00:48:29.419 John Compton: so we could acknowledge that it's here we could pull the allowances out. 408 00:48:29.540 --> 00:48:35.530 John Compton: I mean, I think this is just a way of ensuring that the allowances are in there in the 1st place. 409 00:48:36.140 --> 00:48:45.220 John Compton: and then the contingencies I've simply described that we threw in as contingency and what the funds are available for. 410 00:48:45.380 --> 00:48:53.879 John Compton: They're available as a to provide additional funds as needed for cost adjustments based on the final design build. 411 00:48:54.070 --> 00:48:59.770 John Compton: They're also available to the owner for allocation to permit fees if incurred. 412 00:49:03.480 --> 00:49:07.370 John Compton: And that's it. We've run out of contract pretty much 413 00:49:08.950 --> 00:49:14.240 John Compton: cost of the work is to be inverse labor costs. This is all the individual 414 00:49:14.260 --> 00:49:16.900 John Compton: aspects. I don't think there's anything. 415 00:49:17.710 --> 00:49:21.599 John Compton: Oh, here's a permit I don't. 416 00:49:22.860 --> 00:49:28.500 John Compton: This just says the building permits will be in the final design requirement that one 417 00:49:29.280 --> 00:49:34.260 John Compton: may. Maybe we can do that as well. I don't know, but I'm not worried about that. 418 00:49:34.410 --> 00:49:43.340 John Compton: and that's it to counting records. A lot of this is nothing, nothing terribly of of terrible significance. 419 00:49:44.050 --> 00:49:51.540 John Compton: Okay, so that's it. This is what the proposed contract will look like 420 00:49:52.215 --> 00:49:58.220 John Compton: what I've showed you is the amount that proposed is $570,000. 421 00:49:58.380 --> 00:50:04.740 John Compton: That consists of 527. At the outset $527,000 422 00:50:05.290 --> 00:50:12.400 John Compton: for the identified work at the outset, and an additional 40 423 00:50:12.650 --> 00:50:16.400 John Compton: by roughly $45,000 as contingency. 424 00:50:16.760 --> 00:50:25.929 John Compton: The identified work consists of design costs of to the tune of about $43,000, which we will commit to 425 00:50:27.420 --> 00:50:34.610 John Compton: once the design is settled, then the final cost of construction. Cost of the work 426 00:50:34.940 --> 00:50:42.069 John Compton: will be determined, and each of those will then be specified in that schedule of values. 427 00:50:42.470 --> 00:50:45.169 John Compton: and it will not add up 428 00:50:45.360 --> 00:50:51.059 John Compton: to exceed the contract sum of $570,000. 429 00:50:56.940 --> 00:50:59.730 John Compton: So, okay. 430 00:51:00.270 --> 00:51:06.139 John Compton: I, I know this. This has been very hard to get our head my head around for sure 431 00:51:07.900 --> 00:51:16.780 John Compton: or everyone's head around. But I think it's now pretty what this contract will be. I I don't see any. 432 00:51:19.490 --> 00:51:26.950 John Compton: There there is, you know, if the Council will agree that this is the we're willing to spend this money in this way. 433 00:51:27.220 --> 00:51:34.080 John Compton: then we can work out a, the, the actual final wording of the contract, and all of its 434 00:51:34.160 --> 00:51:41.049 John Compton: any, any-, any adjustments to the features. 435 00:51:41.080 --> 00:51:43.419 John Compton: and and get on with it. 436 00:51:45.730 --> 00:51:52.700 Peter Nagrod: So so, John, I had a nice talk with. I read this yesterday and had a lot of questions. It was confusing. 437 00:51:52.990 --> 00:51:58.179 Peter Nagrod: I was lucky to talk with Bob last night, and he was 438 00:51:58.370 --> 00:52:01.299 Peter Nagrod: gave some good explanations. But of your 439 00:52:01.380 --> 00:52:08.710 Peter Nagrod: your review of this today has been excellent. I hate. It pains me to say that, but it's been really good, and I really appreciate 440 00:52:09.175 --> 00:52:16.589 Peter Nagrod: all the effort that everybody's put into this, and I think it sounds fantastic. And I really, I really like what what you've come up with. 441 00:52:16.640 --> 00:52:18.709 Peter Nagrod: or what the team has come up with. 442 00:52:21.630 --> 00:52:27.250 John Compton: Think we're going to get what you know. I think our our major. 443 00:52:29.150 --> 00:52:35.130 John Compton: the major deliverable we want is to get the kind of improved performance. 444 00:52:35.450 --> 00:52:39.540 John Compton: You know our our floodwater handling. 445 00:52:40.728 --> 00:52:44.552 John Compton: That we we believe we can get. And 446 00:52:45.260 --> 00:52:57.220 John Compton: you know, I think the the that that how much do delivery of that goal will become clear at the at the once, really at the 35% design. 447 00:52:57.640 --> 00:53:02.149 John Compton: And then it's just a matter of you know, making sure we get what we pay for. 448 00:53:02.710 --> 00:53:03.390 Peter Nagrod: Hmm! 449 00:53:03.670 --> 00:53:06.890 Peter Nagrod: My, my concern has always been that we were gonna go 450 00:53:06.960 --> 00:53:19.480 Peter Nagrod: top heavy like a booz. Allen does on a design and not get the product. And but that's what I was talking to Bob about. But I really like the way this is structured, and it definitely is going to work out great. 451 00:53:21.260 --> 00:53:27.410 John Compton: Right these guys are are surprisingly light on design. 452 00:53:29.050 --> 00:53:35.529 John Compton: it it. We probably shouldn't be surprised because most of this, you know, if you if you're fixing one of our grassy swales. 453 00:53:35.810 --> 00:53:37.570 John Compton: how much design do you need. 454 00:53:37.810 --> 00:53:38.670 Peter Nagrod: Exactly, exactly. 455 00:53:38.670 --> 00:54:03.629 John Compton: You want to make sure you don't kill trees, and you have to dig up some some asphalt, and I mean how much design you need make sure you stay in on town property don't go on the private property, but so so maybe it's not surprising that there's a low amount of design, the gravel wetlands, which is an actual feature facility. There. They've put more money into the design 456 00:54:03.700 --> 00:54:08.220 John Compton: cost, I think it was, I want to say, $14,000, 457 00:54:08.480 --> 00:54:15.650 John Compton: but that you know, that clearly requires some. Some, you know design expense. 458 00:54:15.900 --> 00:54:16.640 John Compton: So 459 00:54:18.720 --> 00:54:24.580 John Compton: yeah, I agree with you, Peter. I think this is the. This is the way we wanted this to come down. 460 00:54:24.880 --> 00:54:31.299 John Compton: and you know, let's let's just get get get on with it. 461 00:54:32.180 --> 00:54:37.200 Barbara: So this is Barbara. Can I ask a question here? So 462 00:54:37.340 --> 00:54:47.800 Barbara: procedurally, what are we doing next? Are we gonna wait till all these blanks are filled in and approve it. At the next Town Council meeting is that the plan. 463 00:54:48.820 --> 00:54:56.453 John Compton: Well, if we can do that, and maybe that's what may I mean what? I? So yeah, so what are the possibilities? 464 00:54:57.410 --> 00:55:06.069 John Compton: the one that would be the easiest for you guys, and actually for everyone 465 00:55:06.180 --> 00:55:13.530 John Compton: would be to what I call up an up, approve the contract, and substantially 466 00:55:14.320 --> 00:55:18.720 John Compton: similar form to this one. I'm showing you here. 467 00:55:20.310 --> 00:55:26.310 John Compton: What I take that to mean is that while all sorts of small things could be tweaked. 468 00:55:26.490 --> 00:55:31.900 John Compton: you know the the term of could go up to 10 months, or the you know this to that. 469 00:55:32.341 --> 00:55:47.559 John Compton: but but the not. But the main things will be clear. 570,000 contract maximum, divided up into a schedule of values. Blah blah. The delivers deliverables are a set of 3 design stages. 470 00:55:47.560 --> 00:56:06.319 John Compton: The guaranteed maximum price the builder will commit to will be determined. Once the design final designs are done, all of those things wouldn't change, and they won't change, and they were the things that were so difficult to understand, how we could make it work. 471 00:56:07.170 --> 00:56:10.419 John Compton: And lastly, if we want to add anything to this. 472 00:56:10.700 --> 00:56:13.969 John Compton: or do a design which blows the 473 00:56:14.120 --> 00:56:20.669 John Compton: this contract budget. We have a hundred $1,000. We could add in add, add to it. 474 00:56:20.860 --> 00:56:23.910 John Compton: to to get the that. 475 00:56:24.030 --> 00:56:26.970 John Compton: What what would be an improved design. 476 00:56:27.120 --> 00:56:34.400 John Compton: and that would be done only by a a review and a vote. And you know we would make that decision very 477 00:56:34.420 --> 00:56:36.690 John Compton: very intentionally. 478 00:56:37.920 --> 00:56:41.390 Peter Nagrod: So are you. Are you saying that there's something we can the Council can do tonight? 479 00:56:41.550 --> 00:56:42.090 Peter Nagrod: Is that what you're. 480 00:56:42.090 --> 00:56:51.640 John Compton: So I was. Ho! I was asking for authorize authorization to proceed with this contract in substantially this form. 481 00:56:52.820 --> 00:57:02.169 John Compton: and, and, by the way, with certain requirements. One. Is it be substantially in this form any any material changes need to come back to the council. 482 00:57:02.970 --> 00:57:12.459 John Compton: Legal review has to what should be has to sign off on the contract. 483 00:57:15.830 --> 00:57:17.710 John Compton: Well, those are pretty much it 484 00:57:18.040 --> 00:57:22.519 John Compton: the treasurer has to sign up. You can put in whatever you want 485 00:57:23.061 --> 00:57:26.270 John Compton: just to, because we don't have, you know. 486 00:57:26.920 --> 00:57:34.490 John Compton: You know we give everybody time to be sure that the the nuts and bolts of this are the way, the way 487 00:57:35.680 --> 00:57:40.959 John Compton: you know what it's gonna be, and everybody's expectations will be pretty much satisfied. 488 00:57:41.890 --> 00:57:46.499 John Compton: Yeah, I think that would be the best thing, and that would move this thing along 489 00:57:46.820 --> 00:57:57.219 John Compton: the alternative and alternative. And the problem I we're having is that I'm going to be out of the country for like 2 and a half weeks. 490 00:57:57.220 --> 00:58:05.499 Peter Nagrod: So can I make a motion? I'm totally confused. Can I make a motion to do what you just said? But I have no way of putting that into words. 491 00:58:06.656 --> 00:58:16.930 John Compton: I can put it into rough words. It's it's it's an approval of awarding this of a contract to Smi 492 00:58:16.940 --> 00:58:25.939 John Compton: environmental for a contract sum of $570,000 in a form substantially 493 00:58:27.380 --> 00:58:34.279 John Compton: equal to this particular draft, the schedule of values you've been shown. 494 00:58:35.099 --> 00:58:37.970 John Compton: Well, that's it. The schedule values you've been shown. 495 00:58:37.970 --> 00:58:38.540 Peter Nagrod: Hmm. 496 00:58:39.203 --> 00:58:45.219 John Compton: Those are the 2 key items. The schedule, the allocation of the funds. 497 00:58:45.220 --> 00:58:47.749 Peter Nagrod: I would like a motion to do exactly that. 498 00:58:47.750 --> 00:58:48.350 John Compton: Yeah. 499 00:58:51.290 --> 00:58:53.429 Eva: Okay, I'll I'll second the motion. 500 00:58:55.400 --> 00:59:06.719 John Compton: Right. And and I'm gonna ask Rob to read the final thing when we get a final thing, and you know he can pick it to death, and try and figure out and understand all of the legal 501 00:59:07.520 --> 00:59:13.619 John Compton: things. We'll I'll do that as well, but we'll all do that, but we need a legal eye. 502 00:59:14.030 --> 00:59:16.688 John Compton: Yeah, you know, I mean, 503 00:59:17.930 --> 00:59:28.499 Robert Gilmore: I will do that, as I've said before, like, I'm not a government contracts. Attorney. I'm a litigator, so 504 00:59:28.540 --> 00:59:37.009 Robert Gilmore: I can focus on things that are the kinds of provisions that I I deal with as part of my 505 00:59:37.730 --> 00:59:42.959 Robert Gilmore: my practice as a litigator. I mean I I'm 506 00:59:43.070 --> 01:00:03.639 Robert Gilmore: I I know you've put a lot of work into this as have others. I'm sure I speak for everyone else at the expressing some level of dismay that it's almost December, and we are where we are with this contract. Still not being close to complete, or even seeing 507 01:00:03.750 --> 01:00:07.230 Robert Gilmore: this, this is not even, I mean, this is kind of like the 508 01:00:07.350 --> 01:00:13.539 Robert Gilmore: part of the contract, but it's not the full contract, as you said, like we we haven't seen the the Aia. 509 01:00:13.620 --> 01:00:20.273 Robert Gilmore: I think the terms as a whole as have been sort of sketched out seem sensible. 510 01:00:21.160 --> 01:00:26.189 Robert Gilmore: I'm I have heartburn over you know, voting to commit 511 01:00:26.560 --> 01:00:33.820 Robert Gilmore: half 1,000,003 quarters of a million without something closer to being final. 512 01:00:35.040 --> 01:00:39.190 Robert Gilmore: But here's where we are, I guess. So I. 513 01:00:39.190 --> 01:00:39.830 Peter Nagrod: Yeah. 514 01:00:39.830 --> 01:00:46.330 Robert Gilmore: I mean I I'm I'm not sure there's really much to do about it other than I'll. 515 01:00:46.653 --> 01:00:54.089 John Compton: Understand completely. And and when I said you asked you to review, and I only point in you because you're on the Council. 516 01:00:54.090 --> 01:00:55.559 Robert Gilmore: No, no, I know. 517 01:00:56.366 --> 01:00:57.980 John Compton: Review it. 518 01:00:58.100 --> 01:00:59.390 John Compton: Yes, yeah. 519 01:00:59.740 --> 01:01:07.269 John Compton: do it. And tell us where there's you know, any issues, you see. And we're gonna have Sue Ellen review it, or somebody 520 01:01:07.670 --> 01:01:10.350 John Compton: she believes is capable of reviewing. 521 01:01:12.240 --> 01:01:19.879 John Compton: you know. I mean, the town has a bunch of boilerplate stuff in our contracts, and we want to be sure that that's handled as well. 522 01:01:20.120 --> 01:01:22.645 John Compton: So anyway. 523 01:01:23.820 --> 01:01:29.769 John Compton: But yeah, I understand that. And if you guys want to see a more complete 524 01:01:30.420 --> 01:01:34.559 John Compton: and have a chance to approve a more complete form of the 525 01:01:34.600 --> 01:01:41.570 John Compton: of the contract. I I'd only I don't know that we can do it. By the December 9, th meeting 526 01:01:41.620 --> 01:01:49.790 John Compton: a council meeting, so we might want to schedule another meeting. I hate to do that. Everybody's, you know. We're up against holiday. 527 01:01:50.240 --> 01:01:50.895 John Compton: but 528 01:01:51.550 --> 01:01:55.800 Robert Gilmore: I I think we should schedule another meeting. I mean it could probably only be a half hour, but but. 529 01:01:55.800 --> 01:01:57.050 John Compton: Hopefully, right. 530 01:01:57.050 --> 01:01:59.870 Robert Gilmore: In mid December, I think, would be advisable. 531 01:02:01.090 --> 01:02:08.539 John Compton: Right? Actually, I would recommend it be just after I get back, which would be the 19th or 20th or 532 01:02:09.620 --> 01:02:10.510 John Compton: yeah. 533 01:02:10.510 --> 01:02:17.170 Robert Gilmore: That I'm I'm sure I'm sure we can find a time, for like a half hour. Meeting. 534 01:02:17.730 --> 01:02:23.490 Jean Moyer: We? I would recommend booking it now, while we're all here, except for Mary. 535 01:02:23.490 --> 01:02:24.530 Peter Nagrod: And Eva. 536 01:02:25.200 --> 01:02:25.970 Jean Moyer: No, she's. 537 01:02:26.680 --> 01:02:30.849 Eva: I'm still here. I'm still here. I'm gonna have to go in just a second. 538 01:02:30.850 --> 01:02:34.359 Peter Nagrod: There's a motion. There's a motion out right now, by the way, too. 539 01:02:34.360 --> 01:02:36.090 John Compton: Yeah, it's true. There is. 540 01:02:36.090 --> 01:02:41.889 Peter Nagrod: So we can, we? Still, they can still vote. 541 01:02:42.880 --> 01:02:43.446 Eva: I mean 542 01:02:43.730 --> 01:02:44.660 Peter Nagrod: Before evil leaves. 543 01:02:44.660 --> 01:03:04.930 Eva: Yeah. Personally, I feel like I I trust that the you know the things will be filled in. And I I'm feeling anxious about wanting to just go ahead and vote on this. But you know, if if other people feel comfortable waiting till everything is is settled and voting on it, and we can do that before the end of the year. Then we can do that as well. 544 01:03:05.490 --> 01:03:20.379 Robert Gilmore: I I guess I'd offer a slight amendment and forgive me. If I didn't. If I'm didn't exactly track what the motion was. But I would amend the motion 545 01:03:21.870 --> 01:03:28.482 Robert Gilmore: to authorize the town to proceed towards 546 01:03:29.410 --> 01:03:36.820 Robert Gilmore: developing a final contract consistent with the the terms that John has presented 547 01:03:37.200 --> 01:03:41.519 Robert Gilmore: at tonight's meeting and in the documentation that that he's shared with us. 548 01:03:42.060 --> 01:03:44.679 Robert Gilmore: and and then have a meeting 549 01:03:45.363 --> 01:04:00.540 Robert Gilmore: in, say, sometime between when John returns and the end of the year where we vote to authorize what hopefully will be a a final contract 550 01:04:01.200 --> 01:04:03.579 Robert Gilmore: because we haven't shared this with 551 01:04:05.620 --> 01:04:12.810 Robert Gilmore: We haven't I? I know I know some of this comes from Smi but but we haven't shared like 552 01:04:13.386 --> 01:04:21.709 Robert Gilmore: a we haven't exchanged with them a final what? What we would propose as a final final executable contract, right. 553 01:04:22.520 --> 01:04:24.860 John Compton: That's that's certainly true. 554 01:04:26.850 --> 01:04:31.790 John Compton: Well, if you know, I I don't know who's leaving for the holidays. 555 01:04:32.400 --> 01:04:37.879 John Compton: you know. Unfortunately, I cannot do. Friday night, the 20th of December. 556 01:04:37.950 --> 01:04:44.540 John Compton: the 19.th I would since would be just the day after I get back. I'd have to rely on everybody else doing a lot of work. 557 01:04:47.010 --> 01:04:52.519 John Compton: you know, if we could, if we could do the 23, rd which is Monday, that would be great. 558 01:04:56.210 --> 01:04:58.899 Peter Nagrod: There's a motion on the floor right now. 559 01:04:58.900 --> 01:04:59.610 John Compton: I know. 560 01:04:59.610 --> 01:05:02.339 Peter Nagrod: So it's been amended. You can't amend it until 561 01:05:02.740 --> 01:05:05.130 Peter Nagrod: I mean I I don't know Roberts yet, but. 562 01:05:05.130 --> 01:05:13.440 John Compton: Okay, if you really all right, we have. All right, Robert, said his piece. We have a few other people with their hands up. Chris, I think, was next. 563 01:05:14.790 --> 01:05:21.090 Kriss Grisham: Alright. So you know, basically, what Rob said is what I was gonna ask. So you know, I'm I'm in 564 01:05:21.300 --> 01:05:27.519 Kriss Grisham: agreement with revising the original amendment to whatever Rob had said. 565 01:05:29.673 --> 01:05:32.259 Kriss Grisham: You know I there's some things that that 566 01:05:32.460 --> 01:05:35.599 Kriss Grisham: I had sent you in comments. I guess. 567 01:05:35.600 --> 01:05:40.690 John Compton: Oh, yeah, I and I. If we if we had time I'd go through those most of what. 568 01:05:40.690 --> 01:05:48.629 Kriss Grisham: No, no, I no, I'm not saying that we need to go through that. But but it would be nice if, if, as we're finalizing this contract if we could. 569 01:05:48.790 --> 01:05:50.270 Kriss Grisham: you know. Just make sure that 570 01:05:50.840 --> 01:05:53.230 Kriss Grisham: some of those are looked at. You know. 571 01:05:53.420 --> 01:05:56.359 John Compton: Almost all of them are in there already. 572 01:05:56.360 --> 01:05:57.060 Kriss Grisham: Okay. 573 01:05:57.060 --> 01:05:59.949 John Compton: Yeah, we-we- we 574 01:05:59.960 --> 01:06:04.680 John Compton: a a bunch of those things had to be handled this morning, which and you didn't see 575 01:06:04.860 --> 01:06:08.690 John Compton: any revisions. I was showing you what my. 576 01:06:09.980 --> 01:06:15.820 John Compton: what, what I could add, based on this morning's discussions. They haven't added what they can add 577 01:06:16.449 --> 01:06:26.270 John Compton: fill in the details. So but yes, your point about you know whether or not we should time the the design phases. 578 01:06:27.170 --> 01:06:28.600 John Compton: I guess I think 579 01:06:28.610 --> 01:06:35.060 John Compton: we probably argue against that. I mean, we're we're gonna let them take 3 months. Get to the endpoint. 580 01:06:35.430 --> 01:06:43.225 John Compton: whether they, whether we need a time point for the 35%. Anyway. Okay. 581 01:06:44.070 --> 01:06:48.439 John Compton: I mean, your point is taken, and it's worth con, considering. 582 01:06:48.460 --> 01:06:52.160 John Compton: Putting some additional, you know. Checkpoints. 583 01:06:52.160 --> 01:07:01.400 Kriss Grisham: Okay. So back to what Rob had originally said to men, Peters motion, I guess you know 584 01:07:01.500 --> 01:07:04.200 Kriss Grisham: I don't know how to go about doing that. But I think that's. 585 01:07:05.625 --> 01:07:07.970 Robert Gilmore: Chris, are you seconding my motion, my. 586 01:07:08.370 --> 01:07:09.100 Kriss Grisham: Yes. 587 01:07:11.390 --> 01:07:13.690 John Compton: Okay. We now have had an amendment 588 01:07:13.920 --> 01:07:21.169 John Compton: proposed that the con that the that the the contract in the form shown as described. 589 01:07:22.166 --> 01:07:23.043 John Compton: be 590 01:07:25.020 --> 01:07:33.360 John Compton: be further finalized? But that it be brought back to the Town council for final review 591 01:07:33.590 --> 01:07:35.720 John Compton: prior to signing. 592 01:07:36.800 --> 01:07:44.729 John Compton: Does that sum it up that that's the amendment. The amendment is that it be brought to the Council 593 01:07:45.080 --> 01:07:46.530 John Compton: or final review. 594 01:07:47.160 --> 01:07:55.129 John Compton: Okay, if if you agree, that's what the amendment is, we're on the amendment. Any other discussion on changing it from authorizing to 595 01:07:55.430 --> 01:07:59.389 John Compton: bringing, you know, a final review. 596 01:08:00.770 --> 01:08:01.590 John Compton: Barbara. 597 01:08:01.590 --> 01:08:03.360 Barbara: Yeah. So 598 01:08:03.980 --> 01:08:17.640 Barbara: I think my comments are really on both of them, which well, number one, I don't think we need a motion to not vote on this tonight. We can just vote the motion down and come back in 599 01:08:18.399 --> 01:08:20.959 Barbara: December and and vote on this. 600 01:08:21.069 --> 01:08:40.330 Barbara: I am not comfortable voting for a contract that has so many blank spaces in it when it's going to spend $570,000. So I'm not really comfortable voting tonight. I think we should vote during another, much as I hate to have another meeting on this 601 01:08:40.799 --> 01:08:44.760 Barbara: we do not have something solid to vote on. 602 01:08:44.819 --> 01:08:55.309 Barbara: We have a lot of ideas that are all good, and I don't disagree with anything that was proposed here. But I think we need to have something complete before we vote. 603 01:08:55.830 --> 01:08:58.609 Peter Nagrod: Well, so can I just withdraw my motion. 604 01:08:59.870 --> 01:09:01.310 John Compton: If the second does. 605 01:09:01.979 --> 01:09:03.699 Peter Nagrod: The second. Is she still here? 606 01:09:05.450 --> 01:09:06.664 Peter Nagrod: Now she's gone. 607 01:09:07.200 --> 01:09:09.499 Peter Nagrod: Okay, vote me down. 608 01:09:09.710 --> 01:09:13.290 John Compton: She's gone. It's no longer seconded. So it's it's gone. 609 01:09:13.290 --> 01:09:13.950 Peter Nagrod: Okay. 610 01:09:13.950 --> 01:09:17.250 John Compton: All right, so we have no motion on the floor. 611 01:09:17.550 --> 01:09:23.660 John Compton: We have general consensus that all of this sounds good. But let's get the contract into. 612 01:09:23.859 --> 01:09:27.442 John Compton: you know, virtually final shape before we approve it. 613 01:09:27.880 --> 01:09:36.424 John Compton: Let's try and approve it. Now, can we look at a date, guys? We lost Eva? But I was. I was hoping for Monday, the 23rd of 614 01:09:36.760 --> 01:09:37.859 John Compton: December. 615 01:09:40.479 --> 01:09:46.769 Jean Moyer: I think. Eva's face looked aghast when you named Monday the 23.rd 616 01:09:48.019 --> 01:09:51.299 Jean Moyer: I'm just tossing out Saturday, Sunday. 617 01:09:51.529 --> 01:09:57.869 Jean Moyer: If if she's going out of town. We don't know what's going on, but there is Saturday and Sunday. 618 01:09:58.980 --> 01:10:01.050 Barbara: Monday would be better for me. 619 01:10:01.050 --> 01:10:05.039 John Compton: Well, she could always. If it's going to be a short meeting, I mean. 620 01:10:05.130 --> 01:10:20.179 John Compton: the the problem is, having the contract to read over in advance. The key to a short meeting is to look it over. Get your questions in order. Maybe some send your questions by email, and we'll we'll 621 01:10:20.210 --> 01:10:28.199 John Compton: take care of that, and so that we can. We can make whatever adjustments in the next 3 days and get the thing signed. 622 01:10:28.420 --> 01:10:32.629 John Compton: So the idea is the Council approves, you know, with the, with the, with the. 623 01:10:32.860 --> 01:10:39.460 John Compton: with the modifications as discussed, and then we have to get it into that shape and sign it 624 01:10:39.940 --> 01:10:40.605 John Compton: so. 625 01:10:42.300 --> 01:10:53.519 John Compton: I'll tell you what we can aim to do this for the 9, th even though I'm not here. Bob says he'll be here, and he can defend this probably better than I can, or at least 626 01:10:53.640 --> 01:11:02.399 John Compton: discuss it, so best scenario would be. We get all the details hashed out. 627 01:11:02.450 --> 01:11:05.180 John Compton: and it could come to the council meeting on the 9.th 628 01:11:06.100 --> 01:11:09.579 John Compton: I won't be able to participate. I'm halfway around the world. 629 01:11:10.060 --> 01:11:14.776 John Compton: But at that point I doubt I'm required. 630 01:11:15.440 --> 01:11:23.099 John Compton: If if the council seems good with everything that I we describe I described here, and as long as there's no. 631 01:11:23.380 --> 01:11:26.590 John Compton: we don't change any of that 632 01:11:26.930 --> 01:11:29.360 John Compton: there may not be a lot of controversy. 633 01:11:29.420 --> 01:11:32.000 John Compton: and in any event Bob could explain it. 634 01:11:32.000 --> 01:11:35.969 Barbara: And also, I think, having Sue Ellen finish her review. 635 01:11:35.970 --> 01:11:39.959 John Compton: Well, and then she has to review it right? So we have to finish the dang thing 636 01:11:40.170 --> 01:11:43.589 John Compton: and then have her look at it. But you can. 637 01:11:44.060 --> 01:11:48.599 John Compton: you know. I mean we can approve it pending, you know. Legal 638 01:11:48.620 --> 01:11:51.766 John Compton: sign off. No, no sign off, no approval. 639 01:11:55.730 --> 01:11:57.839 John Compton: I'd certainly send it to her. 640 01:12:00.050 --> 01:12:06.170 John Compton: even if there were still a few things and incorporated. 641 01:12:06.740 --> 01:12:15.929 John Compton: I I, to tell you the truth, I think I want the next few days will settle all of these big, these, all these main issues that we talked about. 642 01:12:16.120 --> 01:12:21.550 John Compton: and the kind of things that are may or may not be in. There are things we just overlooked. 643 01:12:21.790 --> 01:12:32.700 John Compton: or, you know, hadn't hadn't you know, filled in so 644 01:12:33.020 --> 01:12:39.030 John Compton: they seem fairly laid back about it. But that may be simply because they aren't the guys. They aren't the owners. And 645 01:12:39.562 --> 01:12:42.889 John Compton: you know, they're gonna have to have a review, too. So 646 01:12:45.980 --> 01:12:47.140 John Compton: okay, 647 01:12:52.100 --> 01:12:55.020 John Compton: I guess I guess we can 648 01:12:55.170 --> 01:13:00.620 John Compton: pro. I can try for the 9.th I'd like to have a fallback date, but you guys can set a date without me. 649 01:13:02.920 --> 01:13:04.210 John Compton: At that point. 650 01:13:05.070 --> 01:13:09.849 John Compton: So if you want to do it that way, then we won't stress anybody out here at this point. 651 01:13:10.130 --> 01:13:12.759 John Compton: and we'll work work to get there. 652 01:13:16.080 --> 01:13:17.830 John Compton: Sounds like. That's where we're going. 653 01:13:17.830 --> 01:13:18.550 Peter Nagrod: Okay. 654 01:13:20.630 --> 01:13:31.349 John Compton: Okay. And I would appreciate any comments that you felt that something wasn't covered or you didn't understand. Send it incorporated into the the version you got, or just write me an email 655 01:13:31.620 --> 01:13:36.859 John Compton: and I'll go back and forth with you about it and make sure that you know 656 01:13:37.210 --> 01:13:44.910 John Compton: we'll either say, yeah, I'll put that in there. Here. How's this? Or here's why, maybe. Why not? 657 01:13:46.000 --> 01:13:51.119 John Compton: Okay on to the next item, any new business? Well, we're not allowing any new business. 658 01:13:51.120 --> 01:13:51.710 Peter Nagrod: Yeah. 659 01:13:52.500 --> 01:13:57.190 John Compton: Next meeting. You all know when that is Monday, December 9, th 7, 30. 660 01:13:58.010 --> 01:14:02.339 John Compton: So if there's no objections, we can adjourn for the night. 661 01:14:02.640 --> 01:14:04.816 Peter Nagrod: Alright! Good night, everybody! 662 01:14:05.360 --> 01:14:06.100 Barbara: Hey? Thank you. 663 01:14:06.100 --> 01:14:06.970 Robert Gilmore: Alright! 664 01:14:20.780 --> 01:14:21.800 John Compton: All right. 665 01:14:22.150 --> 01:14:22.960 John Compton: Yep.