HomeMy Public PortalAbout2020.08.11 TBWksp Packet
WORKSHOP MEETING
AUGUST 11, 2020
4:00 PM
AGENDA
08-07-2020
PLEDGE OF ALLEGIANCE
ROLL CALL
STAFF SPOTLIGHT
REVIEW OF AGENDA ITEMS FOR THE AUGUST 18, 2020 RTB MEETING
ITEMS FOR BOARD ACTION
8WS2020-1 Resolution Authorizing the Award of Bid for the REDI Irondequoit Bay State
Marine Park and Culver Road Storm Sewers Project Contract G-General Trades
8WS2020-2 Resolution Authorizing the Award of Bid for the REDI Irondequoit Bay State
Marine Park and Culver Road Storm Sewers Project Contract E-Electrical
8WS2020-3 Resolution Authorizing the Supervisor to Approve Additional Services for the
Irondequoit Community Center
8WS2020-4 Resolution Approving the Appointment of a Court Attendant in Town Court
***NEXT REGULAR TOWN BOARD MEETING…TUESDAY, AUGUST 18, 2020 @ 7 pm ***
8506203_1
Resolution No. 2020 - ________
EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A
RESOLUTION FOR THE AWARD OF A BID FOR THE REDI IRONDEQUOIT BAY
STATE MARINE PARK and CULVER ROAD STORM SEWERS PROJECT-
CONTRACT G- GENERAL TRADES
At the workshop meeting of the Town Board of the Town of Irondequoit, Monroe County, New
York held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 11th day of
August, 2020 at 4:00 P.M. local time; there were:
PRESENT:
David Seeley Town Supervisor
Patrina Freeman Town Board Member
John Perticone Town Board Member
Kimie Romeo Town Board Member
Peter Wehner Town Board Member
Harter Secrest & Emery LLP Attorney for the Town
Town Board Member______________________offered the following resolution and moved its
adoption:
WHEREAS, due to the severely increased high-water level of Lake Ontario in the last few
years, New York State has formed the Lake Ontario Resiliency and Economic Development
Initiatives (REDI) and allocated funding to increase the resilience of several projects. The Town
of Irondequoit has received two awards to increase the resiliency of the Irondequoit Bay State
Marine Park and the Culver Road Storm Sewers, both at the same location (the ”Project”); and
WHEREAS, the Town of Irondequoit issued an Invitation to Bid and caused the Notice to Bid
for the Project to be published in the Irondequoit Post on July 9, 2020, and published the
Invitation to Bid on the Town website in compliance with General Municipal Law § 103,
Chapter 51 of the Irondequoit Town Code, and Town Law Article 12, requesting bids for REDI
Irondequoit Bay State Marine Park and Culver Road Storm Sewers Project (Town Bid No. 2020-
9), in order to compute the best value to the Town; and
WHEREAS, sealed bids were received and publicly opened and read on August 6, 2020; and
WHEREAS, the lowest responsible bidder for Contract G- General Trades is Villager
Construction, Inc. in the amount of $1,997,000.00; and
WHEREAS, funding for this expense will be available in account #399.7110.2012 (Marine
Park), and 399.8140.2020 (Drainage); and
8506203_1
WHEREAS, pursuant to Resolution 2020-147; the Town Board adopted a Negative Declaration
for the Project and therefore all requirements of the State Environmental Quality Review Act
have been met.
NOW THEREFORE BE IT RESOLVED, that the Town Board awards the bid for REDI
Irondequoit Bay State Marine Park and Culver Road Storm Sewers Project Contract G- General
Trades to Villager Construction, Inc. in the amount of $1,997,000.00.
AND, BE IT FURTHER RESOLVED THAT, the Town Board authorizes the Town
Supervisor to execute any and all documents related to this award.
This resolution shall take effect immediately upon its adoption.
Seconded by Town Board Member __________________________and duly put to vote, which
resulted as follows:
Town Board Member Wehner voting _______
Town Board Member Perticone voting _______
Town Board Member Romeo voting _______
Town Board Member Freeman voting _______
Town Supervisor Seeley voting _______
400 Andrews Street, Harro East Building, Suite 710, Rochester, NY 14604 | p 585-295-7700 | f 585-263-2869 | www.ramboll.com
August 10, 2020 Mr. Robert Kiley Commissioner of Public Works
Town of Irondequoit 2629 East Ridge Road Rochester, NY 14622 RE: Irondequoit Bay State Marine Park and Culver Road Storm Sewer Project No. 2020-9 Recommendation of Award FILE: 73344/75382 Dear Mr. Kiley: This letter summarizes Ramboll’s review of the bids received, opened and publicly read aloud by the Department of Public Works on August 6, 2020 for the above referenced project. Also summarized in this letter is Ramboll’s review of the apparent low bidders and Ramboll’s recommendation relative to the Award of Construction Contracts G and E.
Contract G: General Construction The following bids were received: Base Bid Total Bid (with Additive G-12)
• Villager Construction, Inc. $1,957,000.00 $1,997,000.00
• Crane-Hogan Structure System, Inc. $2,397,500.00 $2,451,500.00 The apparent low bid was submitted by Villager Construction, Inc. (Villager) of Fairport, NY at a base bid of $1,957,000 and a total bid of $1,997,000 with the Additive Bid Item No. G-12 included. Per discussions with the Town, the Town has elected to accept Additive Bid Item No. G-12 West Parking Lot Extension. Ramboll contacted an authorized representative of Villager and confirmed that Villager will honor its bid. Ramboll obtained a financial condition report prepared by Dun & Bradstreet. The report indicates that Villager is at a low to moderate risk for financial stress compared to other companies in the same region and same industry. Ramboll also reviewed the Bidder Qualification Statement and the OSHA Citations and Notification Penalties. No OSHA Citations and Notification Penalties were found for the past 5 years. Based on review of the Bidder Qualification Statement and supporting data, Ramboll is satisfied that Villager is qualified and has the experience necessary to complete this Work. Additionally, Ramboll verified that Villager is not on the NYSDOL Ineligible to Bid List. Lastly, Ramboll conducted an internet search to identify, to the extent practical, if the bidder has been involved in any criminal activity under State or Federal law. Our research did not reveal any documented criminal activity associated with Villager.
Based on this review, Ramboll recommends that Contract No. G for the Irondequoit Bay State Marine
Park and Culver Road Storm Sewer Project No. 2020-9 be awarded to Villager Construction Inc. for
their bid of $1,997,000.00.
Mr. Robert Kiley
August 10, 2020
Page 2
400 Andrews Street, Harro East Building, Suite 710, Rochester, NY 14604 | p 585-295-7700 | f 585-263-2869 | www.ramboll.com
I:\Irondequoit-Ny.73344\75382.Iron-Bay-Marine\Docs\Bid Phase\Bid Evaluation\Bid recommendation award letter_08.10.2020.docx
Contract E: Electrical Construction
The following bids were received: Total Bid
• Mylerson Electric, Inc. $245,438.00
• Concord Electric Corp. $267,000.00
• M.E. Quinlan, Inc. $405,000.00
The apparent low bid was submitted by Mylerson Electric, Inc. (Mylerson) of Rochester, NY at $245,438.00. Ramboll contacted the authorized representative of Mylerson and confirmed that Mylerson will honor its bid. Ramboll obtained a financial condition report prepared by Dun & Bradstreet. The report indicates that Mylerson is at a moderate to high for financial stress compared to other companies in the same region and same industry. Based on Ramboll’s review of their financial statement, it appears that Mylerson has the necessary financial resources to perform the Work. Ramboll also reviewed Mylerson’s Bidder Qualifications Statement and OSHA Citations and Notification Penalties. No OSHA Citations and Notification Penalties were found for the past 5 years. Based on review of the Mylerson’s bid information, Ramboll is satisfied that Mylerson is qualified and has the experience necessary to complete this Work. Additionally, Ramboll verified that Mylerson is not on the NYSDOL Ineligible to Bid List. Lastly, Ramboll conducted an internet search to identify, to the extent practical, if the bidder has been involved in any criminal activity under State or Federal law. Our research did not reveal any criminal activity associated with Mylerson.
Based on this review, Ramboll recommends that Contract No. E for the Irondequoit Bay State Marine
Park and Culver Road Storm Sewer Project No. 2020-9 be awarded to Mylerson Electric, Inc. for their
bid of $245,438.00.
Should you have any questions or require further information, please contact the undersigned at (585) 489-2589. Very truly yours ,
RAMBOLL
Michael E. Manning, PE Director I Attachment: Bid Tabulation cc: Rick Duff – Ramboll Lauren Spink, PE - Ramboll
Project:BP #2020-9_Lake Ontario REDI Irondequoit Bay State Marine Park and Culver Road Storm Sewers Project
Owner:Town of Irondequoit
Contract No.:G
Bid Opening:
BID TABULATION
Estimated Total Total Total
Quantity Amount Amount Amount
Base Bid
G.1 Mobilization/Demobilization 1 LS $20,000 $20,000 $155,000 $155,000 $155,000 $155,000
G.2 IBSMP General Construction 1 LS $1,098,650 $1,098,650 $775,000 $775,000 $1,180,000 $1,180,000
G.3 Pump Station General Construction 1 LS $286,850 $286,850 $210,000 $210,000 $115,000 $115,000
G.4 Stormwater Outfall Check Valves 1 LS $21,300 $21,300 $22,000 $22,000 $33,000 $33,000
G.5 Picnic Pavilion/Shelter Construction 1 LS $144,000 $144,000 $190,000 $190,000 $295,000 $295,000
G.6 Boat Launch Including Docks 1 LS $60,000 $60,000 $105,000 $105,000 $103,000 $103,000
G.7 Public Docks 1 LS $195,000 $195,000 $255,000 $255,000 $260,000 $260,000
G.8 Fishing Pier Access 1 LS $75,650 $75,650 $100,000 $100,000 $120,000 $120,000
G.9 Canoe/Kayak Launch 1 LS $15,750 $15,750 $25,000 $25,000 $23,000 $23,000
G.10 Landscaping 1 LS $75,000 $75,000 $45,000 $45,000 $38,500 $38,500
G.11 Miscellaneous Construction Contingency Allowance 1 LS $75,000 $75,000 $75,000 $75,000 $75,000 $75,000
TOTAL BASE BID $2,067,200 $1,957,000 $2,397,500
Add Alternate
G.12 Additive Bid Item No. 1 - West Parking Lot Extension 1 LS $46,500.00 $46,500 $40,000 $40,000 $54,000 $54,000
TOTAL ADD ALTERNATE $46,500 $40,000 $54,000
TOTAL BID INCLUDING ALTERNATES $2,113,700 $1,997,000 $2,451,500
I certify that this Bid Tabulation is a true representation of the bids received on August 6, 2020 at 10:00AM for this Project.
10-Aug-20
Lauren Spink, PE Date
Project Engineer
Engineer's Opinion of Villager Construction, Inc Crane-Hogan Structure Systems Inc.
Probable Cost 425 Old Macedon Center Rd 3001 Brockport Rd.
August 6, 2020
Unit PriceItem No.Description Units Unit Price Unit Price
Fairport, NY 14450 Spencerport, NY 14559
Printed: 8/10/2020 1:11 PM
Project:BP #2020-9_Lake Ontario REDI Irondequoit Bay State Marine Park and Culver Road Storm Sewers Project
Owner:Town of Irondequoit
Contract No.: E
Bid Opening:
BID TABULATION
Estimated Total Unit Price Total Total Unit Price Total
Quantity Amount Amount Amount Amount
Base Bid
E.1 Pump Station Electrical Cosntruction 1 LS $92,050 $92,050 $122,989 $122,989 $162,000 $162,000 $294,000 $294,000
E.2 Site Lighting Construction 1 LS $111,250 $111,250 $97,449 $97,449 $80,000 $80,000 $86,000 $86,000
E.3 Miscellaneous Electrical Contingency Allowance 1 LS $25,000 $25,000 $25,000 $25,000 $25,000 $25,000 $25,000 $25,000
TOTAL BASE BID $228,300 $245,438 $267,000 $405,000
TOTAL BID $228,300 $245,438 $267,000 $405,000
I certify that this Bid Tabulation is a true representation of the bids received on August 6, 2020 at 10:00AM for this Project.
10-Aug-20
Lauren Spink, PE Date
Project Engineer
Unit PriceItem No.Description Units Unit Price
Rochester, NY 14623 Williamson, NY 14589Rochester, NY 14611Probable Cost 120 Mushroom Blvd, Suite 108 3648 Ridge Rd705 Maple StreetEngineer's Opinion of Mylerson Electric, Inc. M.E. Quinlan, Inc.Concord Electric Corp.
August 6, 2020
Printed: 8/10/2020 1:11 PM
400 Andrews Street, Harro East Building, Suite 710, Rochester, NY 14604 | p 585-295-7700 | f 585-263-2869 | www.ramboll.com
August 10, 2020 Mr. Robert Kiley Commissioner of Public Works
Town of Irondequoit 2629 East Ridge Road Rochester, NY 14622 RE: Irondequoit Bay State Marine Park and Culver Road Storm Sewer Project No. 2020-9 Recommendation of Award FILE: 73344/75382 Dear Mr. Kiley: This letter summarizes Ramboll’s review of the bids received, opened and publicly read aloud by the Department of Public Works on August 6, 2020 for the above referenced project. Also summarized in this letter is Ramboll’s review of the apparent low bidders and Ramboll’s recommendation relative to the Award of Construction Contracts G and E.
Contract G: General Construction The following bids were received: Base Bid Total Bid (with Additive G-12)
• Villager Construction, Inc. $1,957,000.00 $1,997,000.00
• Crane-Hogan Structure System, Inc. $2,397,500.00 $2,451,500.00 The apparent low bid was submitted by Villager Construction, Inc. (Villager) of Fairport, NY at a base bid of $1,957,000 and a total bid of $1,997,000 with the Additive Bid Item No. G-12 included. Per discussions with the Town, the Town has elected to accept Additive Bid Item No. G-12 West Parking Lot Extension. Ramboll contacted an authorized representative of Villager and confirmed that Villager will honor its bid. Ramboll obtained a financial condition report prepared by Dun & Bradstreet. The report indicates that Villager is at a low to moderate risk for financial stress compared to other companies in the same region and same industry. Ramboll also reviewed the Bidder Qualification Statement and the OSHA Citations and Notification Penalties. No OSHA Citations and Notification Penalties were found for the past 5 years. Based on review of the Bidder Qualification Statement and supporting data, Ramboll is satisfied that Villager is qualified and has the experience necessary to complete this Work. Additionally, Ramboll verified that Villager is not on the NYSDOL Ineligible to Bid List. Lastly, Ramboll conducted an internet search to identify, to the extent practical, if the bidder has been involved in any criminal activity under State or Federal law. Our research did not reveal any documented criminal activity associated with Villager.
Based on this review, Ramboll recommends that Contract No. G for the Irondequoit Bay State Marine
Park and Culver Road Storm Sewer Project No. 2020-9 be awarded to Villager Construction Inc. for
their bid of $1,997,000.00.
Mr. Robert Kiley
August 10, 2020
Page 2
400 Andrews Street, Harro East Building, Suite 710, Rochester, NY 14604 | p 585-295-7700 | f 585-263-2869 | www.ramboll.com
I:\Irondequoit-Ny.73344\75382.Iron-Bay-Marine\Docs\Bid Phase\Bid Evaluation\Bid recommendation award letter_08.10.2020.docx
Contract E: Electrical Construction
The following bids were received: Total Bid
• Mylerson Electric, Inc. $245,438.00
• Concord Electric Corp. $267,000.00
• M.E. Quinlan, Inc. $405,000.00
The apparent low bid was submitted by Mylerson Electric, Inc. (Mylerson) of Rochester, NY at $245,438.00. Ramboll contacted the authorized representative of Mylerson and confirmed that Mylerson will honor its bid. Ramboll obtained a financial condition report prepared by Dun & Bradstreet. The report indicates that Mylerson is at a moderate to high for financial stress compared to other companies in the same region and same industry. Based on Ramboll’s review of their financial statement, it appears that Mylerson has the necessary financial resources to perform the Work. Ramboll also reviewed Mylerson’s Bidder Qualifications Statement and OSHA Citations and Notification Penalties. No OSHA Citations and Notification Penalties were found for the past 5 years. Based on review of the Mylerson’s bid information, Ramboll is satisfied that Mylerson is qualified and has the experience necessary to complete this Work. Additionally, Ramboll verified that Mylerson is not on the NYSDOL Ineligible to Bid List. Lastly, Ramboll conducted an internet search to identify, to the extent practical, if the bidder has been involved in any criminal activity under State or Federal law. Our research did not reveal any criminal activity associated with Mylerson.
Based on this review, Ramboll recommends that Contract No. E for the Irondequoit Bay State Marine
Park and Culver Road Storm Sewer Project No. 2020-9 be awarded to Mylerson Electric, Inc. for their
bid of $245,438.00.
Should you have any questions or require further information, please contact the undersigned at (585) 489-2589. Very truly yours ,
RAMBOLL
Michael E. Manning, PE Director I Attachment: Bid Tabulation cc: Rick Duff – Ramboll Lauren Spink, PE - Ramboll
Project:BP #2020-9_Lake Ontario REDI Irondequoit Bay State Marine Park and Culver Road Storm Sewers Project
Owner:Town of Irondequoit
Contract No.:G
Bid Opening:
BID TABULATION
Estimated Total Total Total
Quantity Amount Amount Amount
Base Bid
G.1 Mobilization/Demobilization 1 LS $20,000 $20,000 $155,000 $155,000 $155,000 $155,000
G.2 IBSMP General Construction 1 LS $1,098,650 $1,098,650 $775,000 $775,000 $1,180,000 $1,180,000
G.3 Pump Station General Construction 1 LS $286,850 $286,850 $210,000 $210,000 $115,000 $115,000
G.4 Stormwater Outfall Check Valves 1 LS $21,300 $21,300 $22,000 $22,000 $33,000 $33,000
G.5 Picnic Pavilion/Shelter Construction 1 LS $144,000 $144,000 $190,000 $190,000 $295,000 $295,000
G.6 Boat Launch Including Docks 1 LS $60,000 $60,000 $105,000 $105,000 $103,000 $103,000
G.7 Public Docks 1 LS $195,000 $195,000 $255,000 $255,000 $260,000 $260,000
G.8 Fishing Pier Access 1 LS $75,650 $75,650 $100,000 $100,000 $120,000 $120,000
G.9 Canoe/Kayak Launch 1 LS $15,750 $15,750 $25,000 $25,000 $23,000 $23,000
G.10 Landscaping 1 LS $75,000 $75,000 $45,000 $45,000 $38,500 $38,500
G.11 Miscellaneous Construction Contingency Allowance 1 LS $75,000 $75,000 $75,000 $75,000 $75,000 $75,000
TOTAL BASE BID $2,067,200 $1,957,000 $2,397,500
Add Alternate
G.12 Additive Bid Item No. 1 - West Parking Lot Extension 1 LS $46,500.00 $46,500 $40,000 $40,000 $54,000 $54,000
TOTAL ADD ALTERNATE $46,500 $40,000 $54,000
TOTAL BID INCLUDING ALTERNATES $2,113,700 $1,997,000 $2,451,500
I certify that this Bid Tabulation is a true representation of the bids received on August 6, 2020 at 10:00AM for this Project.
10-Aug-20
Lauren Spink, PE Date
Project Engineer
Engineer's Opinion of Villager Construction, Inc Crane-Hogan Structure Systems Inc.
Probable Cost 425 Old Macedon Center Rd 3001 Brockport Rd.
August 6, 2020
Unit PriceItem No.Description Units Unit Price Unit Price
Fairport, NY 14450 Spencerport, NY 14559
Printed: 8/10/2020 1:11 PM
Project:BP #2020-9_Lake Ontario REDI Irondequoit Bay State Marine Park and Culver Road Storm Sewers Project
Owner:Town of Irondequoit
Contract No.: E
Bid Opening:
BID TABULATION
Estimated Total Unit Price Total Total Unit Price Total
Quantity Amount Amount Amount Amount
Base Bid
E.1 Pump Station Electrical Cosntruction 1 LS $92,050 $92,050 $122,989 $122,989 $162,000 $162,000 $294,000 $294,000
E.2 Site Lighting Construction 1 LS $111,250 $111,250 $97,449 $97,449 $80,000 $80,000 $86,000 $86,000
E.3 Miscellaneous Electrical Contingency Allowance 1 LS $25,000 $25,000 $25,000 $25,000 $25,000 $25,000 $25,000 $25,000
TOTAL BASE BID $228,300 $245,438 $267,000 $405,000
TOTAL BID $228,300 $245,438 $267,000 $405,000
I certify that this Bid Tabulation is a true representation of the bids received on August 6, 2020 at 10:00AM for this Project.
10-Aug-20
Lauren Spink, PE Date
Project Engineer
Unit PriceItem No.Description Units Unit Price
Rochester, NY 14623 Williamson, NY 14589Rochester, NY 14611Probable Cost 120 Mushroom Blvd, Suite 108 3648 Ridge Rd705 Maple StreetEngineer's Opinion of Mylerson Electric, Inc. M.E. Quinlan, Inc.Concord Electric Corp.
August 6, 2020
Printed: 8/10/2020 1:11 PM
8506203_1
Resolution No. 2020 - ________
EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A
RESOLUTION FOR THE AWARD OF A BID FOR THE REDI IRONDEQUOIT BAY
STATE MARINE PARK and CULVER ROAD STORM SEWERS PROJECT-
CONTRACT E-ELECTRICAL
At the workshop meeting of the Town Board of the Town of Irondequoit, Monroe County, New
York held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 11th day of
August, 2020 at 4:00 P.M. local time; there were:
PRESENT:
David Seeley Town Supervisor
Patrina Freeman Town Board Member
John Perticone Town Board Member
Kimie Romeo Town Board Member
Peter Wehner Town Board Member
Harter Secrest & Emery LLP Attorney for the Town
Town Board Member______________________offered the following resolution and moved its
adoption:
WHEREAS, due to the severely increased high-water level of Lake Ontario in the last few
years, New York State has formed the Lake Ontario Resiliency and Economic Development
Initiatives (REDI) and allocated funding to increase the resilience of several projects. The Town
of Irondequoit has received two awards to increase the resiliency of the Irondequoit Bay State
Marine Park and the Culver Road Storm Sewers, both at the same location (the ”Project”); and
WHEREAS, the Town of Irondequoit issued an Invitation to Bid and caused the Notice to Bid
for the Project to be published in the Irondequoit Post on July 9, 2020, and published the
Invitation to Bid on the Town website in compliance with General Municipal Law § 103,
Chapter 51 of the Irondequoit Town Code, and Town Law Article 12, requesting bids for REDI
Irondequoit Bay State Marine Park and Culver Road Storm Sewers Project (Town Bid No. 2020-
9), in order to compute the best value to the Town; and
WHEREAS, sealed bids were received and publicly opened and read on August 6, 2020; and
WHEREAS, the lowest responsible bidder for Contract E- Electrical is Mylerson Electric in the
amount of $245,438; and
WHEREAS, funding for this expense will be available in account #399.7110.2012 (Marine
Park), and 399.8140.2020 (Drainage); and
8506203_1
WHEREAS, pursuant to Resolution 2020-147; the Town Board adopted a Negative Declaration
for the Project and therefore all requirements of the State Environmental Quality Review Act
have been met.
NOW THEREFORE BE IT RESOLVED, that the Town Board awards the bid for REDI
Irondequoit Bay State marine Park and Culver Road Storm Sewers Project Contract E- Electrical
to Mylerson Electric in the amount of $245,438.
AND, BE IT FURTHER RESOLVED THAT, the Town Board authorizes the Town
Supervisor to execute any and all documents related to this award.
This resolution shall take effect immediately upon its adoption.
Seconded by Town Board Member __________________________and duly put to vote, which
resulted as follows:
Town Board Member Wehner voting _______
Town Board Member Perticone voting _______
Town Board Member Romeo voting _______
Town Board Member Freeman voting _______
Town Supervisor Seeley voting _______
Resolution No. 2020 - ________
EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A
RESOLUTION AUTHORIZING THE SUPERVISOR TO APPROVE ADDITIONAL SERVICES
FOR IRONDEQUOIT COMMUNITY CENTER
At the workshop meeting of the Town Board of the Town of Irondequoit, Monroe County, New York
held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 11th day of August, 2020
at 4:00 P.M. local time; there were:
PRESENT:
David Seeley Town Supervisor
Patrina Freeman Town Board Member
John Perticone Town Board Member
Kimie Romeo Town Board Member
Peter Wehner Town Board Member
Harter Secrest & Emery LLP Attorney for the Town
Town Board Member______________________offered the following resolution and moved its adoption:
WHEREAS, pursuant to Resolution Number 2019-186, the Town Board authorized the Supervisor to
enter into a contract with SWBR for architecture and engineering services for the Irondequoit Community
Center; and
WHEREAS, pursuant to the agreement between the Town and SWBR (the “Agreement”), the Town is
authorized to receive additional services from SWBR, and additional services are necessary due to,
among other things, changes in the initial information, as more fully described on Addenda A attached
hereto and made a part hereof (the “Additional Services”); and
WHEREAS, SWBR has requested that a Change Order be given to reflect the Additional Services to be
provided pursuant to the Agreement; and
WHEREAS, the total maximum value of the Additional Services is not to exceed $105,100; and
WHEREAS, funding for this additional expense is available in account 379.7140.2013.
NOW, THEREFORE, BE IT RESOLVED, that the Town Board authorizes the Supervisor to approve
the scope of work for Additional Services related to the design for the Community Center as attached
hereto as Addenda A, and authorizes the Town Supervisor or his designee to execute a Change Order or
other documents necessary to approve the Additional Services.
This resolution shall take effect immediately upon its adoption.
Seconded by Town Board Member __________________________and duly put to vote, which resulted
as follows:
Town Board Member Wehner voting _______
Town Board Member Perticone voting _______
Town Board Member Romeo voting _______
Town Board Member Freeman voting _______
Town Supervisor Seeley voting _______
Addenda A
SWBR
ROCHESTER OFFICE
38' c t,• St
585 232 8300
-7Cne5EB' CQ9.WLt-_Di1't
July 27, 2020
Mr. Robert W. Kiley
Commissioner of Public Works
Town of Irondequoit
2629 East Ridge Road
Rochester, NY 14622
Re: Request for Additional Architectural and Engineering Services
Irondequoit Community Center at Skyview on the Ridge
SWBR Project No. 19665.00
Dear Bob:
.,r.n •c^.7.ag
Q2sigr•.
As we have discussed over the past few months, SWBR and M/E Engineering have
performed and are anticipated to perform design services for the new Irondequoit
Community Center in Skyview on the Ridge beyond the scope of our base agreement with
the Town of lrondequoit. Many of the additional tasks have been or will be performed at the
Town's request. Additionally, I believe we can both acknowledge that there was extra work
generated by the Mall Owner's lack of clarity or communication regarding separation of
Lessor/Lessee responsibilities, scope related to the other facility improvements that the
Mall Owner, as landlord, is undertaking separately from your project. Also contributing to
the growth in scope was, in our opinion, a lack of properly researched and evaluated
Schematic Design documents that the Town was previously provided with as a basis for
design of your new Community Center.
SWBR and M/E Engineering have incurred significant time and expense for rework
additional design services. A summary of items of additional required or requested service
scope includes the following:
• Structural analysis of the existing mall has proven out that the design concept for
the Community Center that was provided to the Town by the Mall Owner's
Architects and Engineers was not functionally possible without prohibitively
expensive structural modifications, which resulted in the need to "invert" the
concept - relocating many of the recreation and exercise components to the lower
level, and moving other functions to the upper level. Relying on structural design
information from the Schematic Design documents, the Town and the Consultant
Team were led to understand that a suspended running track was feasible at the
upper level of the planned facility, and that this had previously been analyzed at
least a schematic level. Schematic structural plans provided to us implied that
modifications to allow this were possible when the floor opening for the gymnasium
is created. Our subsequent investigations and design calculations indicated that
there was no affordable way to accomplish this, resulting in the need for a
substantial redesign of the basic floor layouts to relegate the running track and all
equipment -related or repetitive -motion exercise activity areas to the ground floor
where the slab -on -grade construction effectively absorbs the floor vibrations. Other
program areas were moved to the upper level to allow the shift of space.
• Lack of nearby gas service for Rooftop HVAC and Kitchen equipment required
designing/documenting a route to extend this service from the only existing location
in the former Ruby Tuesdays space. The Schematic Design documents prepared
SWBR.COM
SWBR
Mr Kober vV Huey
Town of irondequoit
SWBR D o ecf No ' 3665 OO
July 27, 2020
Page 2
by the Mall Owner's consultants indicated gas -fired rooftop equipment; we later
learned that the existing units are electric -powered.
• Electrical Service design was required to bring power to the project area (existing
was not adequate) from the mall's main electrical feed to the tenant lease line,
requiring additional field time, design, and documentation.
• Very late in the design, during Construction Document phase, we were notified by
the Mall Owner's Architect that a large window feature would be required on the
exterior of the wall between the future Community Center space and the northwest
Mall Entrance. This required plan coordination, along with additional detailing and
adjustment of partitions to work with their Architect's design for window mullion
placement and location of the opening.
• Showers to support the exercise functions were originally specifically excluded
from the project scope in the project RFP. After further consideration by the Town,
they were added to the design during the Design Development phase, creating
additional architectural and mechanical/plumbing scope for the design team. When
Construction Documents were 95% complete, the Town again reconsidered and
removed the showers and added more changing rooms. This resulted in a late
effort for architectural and M/E/P redesign of the areas affected, which included
adjacent office and storage space on the ground floor, and removal of the shower
plumbing, ventilation, and finishes.
• Revising the Multipurpose Room for use as Teen space, which required interior
design and electrical revisions.
• M/E Engineering had advanced the design of the Fire Protection system for the
renovation area along with the rest of the Mechanical and Electrical design, but
were then informed that the Mall Owner's Engineering consultant would provide
this design. M/E has offered a credit back to the Town for the remaining Fire
Protection design and documentation effort.
Additionally, the Town of Irondequoit has requested the following added services to the
project scope:
• During the design of the project, the Mall Owner demanded that the Town
reconnect any utilities that were disconnected outside the Community Center lease
lines. The Town requested that SWBR and their consultants design these
reconnections. These reconnection documents are nearly complete at this time, the
fees included below include full completion of the reconnection documents.
• The Town has requested Commissioning services for mechanical and electrical
systems in the Town -leased areas. M/E will provide commissioning led by Ken
Swan, P.E., from their Buffalo office. We have provided M/E's proposal, dated April
27, 2020, for Commissioning as an attachment to this letter.
The Town has requested artwork selection services from our interior design group,
the scope of these services is described in a separate proposal letter dated June
10, 2020 which is also attached.
Executing these significant revisions, along with time associated for related meetings and
site visits, has resulted in the design team expending far more time than we ever planned
for, which assumed that Schematic Design had been completed. At this time, we are over
$200K over our planned fee budget, including the items noted above.
•
SWBR.COM
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July 27 2020
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We have determined the fee for the scope items noted above based on hours expended by
the specific team members involved. Both M/E and SWBR note fees for certain tasks,
while other items required effort by only one firm. A summary of this is as follows:
Requested Tasks:
SWBR Fee
expended
M!E Fee
expended
Totals:
I Significant rework & additional design
services: Schematic redesign/invert plan,
gas & electric service design, add exterior
window, add/remove showers, revision of
Multipurpose to Teen space
$58,500
$14,400
$72,900
M/E Fee Credit for Fire Protection design
work remaining
$0
($3,500 )
($3,500)
Reconnection Documents
$2,000
$8,000
$10,000
M/E Commissioning Services
$0
$9,800
$9,800
Artwork Selection Services
$15,900
$0
$15,900
Total Additional Fee Request:
$76,400
$28,700
$105,100
As stated previously, our collective losses on this project exceed $200,000 at this point,
and we are early in the Construction process. While there are unknowns and unpleasant
surprises on many projects, the magnitude of effort beyond what was originally proposed
based on the Town's RFP documents has far exceeded our expectations, and has put us
in a difficult position financially. We are requesting a Change Order in the amount of
$105,100 (One Hundred Five Thousand One Hundred Dollars) to help us recover some of
our losses, and for additional requested services as documented above, and welcome the
conversation to discuss this with you. If this is acceptable to the Town, we would prepare a
Professional Services Change Order (PSCO) for this amount.
Please contact either of us if you should need additional information or backup
documentation. We continue to view this project as a high priority for SWBR and M/E
Engineering. It really has been, and continues to be, a pleasure to work with you and the
Town's other leadership and staff.
Sincerely,
Randal R. Sickler, AIA David J. Phelps, AIA
Principal Project Manager
RRS/kf
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SWBR
ROCHESTER OFFICE
3a' East tvloi : St
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June 10, 2020
Mr. Robert Kiley
Commissioner of Public Works/Superintendent of Highways
Town of Irondequoit
1280 Titus Avenue
Rochester, NY 14617-4125
Re: Proposal for Professional Services
Irondequoit Community Center, Rochester, NY
SWBR Proposal No. 20040.52
Dear Bob:
Architec!Lire
.Graphic Desiy.i
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SWBR is pleased to submit this proposal to provide professional Interior Design Services
specifically focused on artwork and accessories for the Irondequoit Community Center.
Scope of Project
The Owner seeks to create a Community Center that would be a comfortable, active space
that serves to promote the wellness of all ages and unify the community. This proposal
represents the artwork design to enhance the work already underway by SWBR.
Based upon our current design, we are anticipating artwork services for the following
pieces at the following locations:
• First Floor
o Vestibule — Graphics (text, or logo by Owner, on film or wallcovering)
o Lounge — Artwork (5) and Accessories (4)
o Fireplace — Art (3)
o Teen Room — Graphics (text, or logo by Owner, on film or wallcovering)
and Art (4) and Accessories (4)
o Cafeteria — Artwork (5)
• Ground Floor
o Corridor and Walkway Graphics (text, or logo by Owner, on film or
wallcovering) and Art (8)
o Preschool — Graphics (text, image, or logo by Owner, on film or
wallcovering) and Art (3)
o Child watch — Graphics (text, image, or logo by Owner, on film or
wallcovering) and Art (3)
o Fitness Graphics (text on film or wallcovering)
Scope of Services
This proposal is based on providing the following services:
Design:
a. Initial meeting with all stakeholders
• Review plans, interior finishes and furniture to date to evaluate where applied
wall graphics and artwork may be required to enhance the design.
• Discuss artwork options, graphic options for Owner to identify theme and
provide direction for the areas discussed.
• Discuss accessories like faux plantings, magazine holders, and other movable
accessories.
SWBR.COM
SWBR
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Town of Irondequoit
Sh/BP Dr000sal Nip „10d',. 5=
June 10, 2020
Page 2
• Review schedule and delivery/installation requirements
• Discuss budget or purchasing requirements.
b. Selections
• Establish outline description of type and location and apply budget numbers for
Owner's approval.
• Two design meetings will include the progress and presentation of the artwork
and accessories package with floorplans, necessary elevations, cut sheets,
and progress budget.
c. Artwork Specifics
• A timeline of Irondequoit history may be considered. Owner would need to
provide images, and historical data for SWBR to work with vendor to provide
artwork draft, furnish and install.
• SWBR can work with local photographer to photograph key areas of
Irondequoit over summer and winter to incorporate as framed, or acrylic
mounted art throughout facility.
• SWBR can select applicable imagery to be used throughout facility as framed,
or acrylic mounted art.
• SWBR to work with local artwork installer to get quotes approved by Owner
and to furnish and install artwork.
d. Coordinated Drawings
• Since SWBR executed the construction documents and furniture plans for the
building, artwork and accessory plans will be coordinated.
• Coordination with the MEP Team for any power and system requirements of
any selections.
• Coordination with MEP drawings for placement of artwork and accessories to
avoid any devices.
e. Wall Graphics Specifics
• Identify locations for any wall graphics.
• Coordinate specification of material that meets flame spread requirements for
the building, the material may be a removable film or a wallcovering.
• For graphics that require vector artwork or logo, artwork to be by Owner or
provided by SWBR Graphics Team as additional service.
• Establish basic direction of the design.
• Engage a graphics company or utilize the SWBR Graphics Team, to execute
the graphics design and material, coordinate the quotes with Owner.
• Provide supplemental instructions to the Owners Community Center
Contractor to revise any paint or wall finish to coordinate with design.
• Evaluate material to be printed on and type of installation, provide interior
elevation of location, and specification of material.
• Get three quotes to furnish and install if execution is not done as a change
order through construction contract.
+ Coordinate with the Town and graphics company to get Owner images, logos,
and other graphics for graphics company to create design.
• Review drafts and designs from graphics company and provide feedback.
SWBR.COM
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Nic 2r)n40 52
June 10 2020
Page 3
Compensation Proposal
We propose to complete the work outlined above on an Hourly Basis, Not -to -Exceed
$15,900 (Fifteen Thousand Nine Hundred Dollars).
There will be additional costs (estimate $300) for reimbursable expenses such as:
• Cost of printing drawings and specifications
• Shipping / deliveries
• Mileage and tolls
Not Included in Services:
• Donor wall
• Finish presentation boards
• Providing presentation -quality color renderings, or 3D models
• Actual samples of artwork
• Outside consulting services in the areas of interior plant scaping, audio-visual
systems, and security systems
• Computer and technology wiring and set up
• Design or procurement of equipment, appliances, televisions
• Site furnishings
• Attending meetings at the request of the client beyond the services quoted
Form of Agreement / Terms & Conditions
The scope and fee for the services outlined above will be appended to our current
agreement in place for this project. If you find this proposal acceptable, please sign below
and we will follow up with a Professional Services Change Order which will formally
incorporate this work into the contract. We will use this agreement to begin work.
We look forward to continuing our work together. We appreciate your ongoing confidence
in SWBR.
Sincerely, Agreed:
09.4.1,fe
Randal R. Sickler, AIA
Robert Kiley
Principal Town of Irondequoit
Ca44-A_D
Corina A. Folts, 'NCIDQ, IIDA
Certified Interior Designer
RRS/pmv
Date
Enclosures: SWBR Standard Terms & Conditions of Agreement
SWBR Hourly Bill Rates
cc: Sheri Seitz, SWBR Finance Manager
J:\2020\PROPOSALS\20040. 52 IRONDEQUOIT COMMUNITY CENTER ARTWORK\7_FINANCIALS\PROPOSAL IRONDEQUOIT ARTWORK 6-10-
2020 DOCX
SWBR.COM
SWBR
Terms and Conditions of Agreement
1. Professional Services
• Fixed Fee Projects: Billings are based on the percent complete of each phase of work
• Hourly Projects: Billings are based on hours worked, including travel time Where an
estimated total has been given, it is provided solely to assist you in project planning
• Overtime: Overtime services wit be provided on your advance authorization at 1 5 times our
hourly rates
2. Estimated Fees & Services
Our proposal is valid for 30 days. Should you ask us to begin work before executing an industry
standard agreement (see Section 3 below), you agree that our proposal and these terms and
conditions will serve as the contract between us (the "Agreement") subject to amendment if we both
agree to execute a standard agreement.
3. Standard Agreements
Unless specifically noted in our proposal, we will prepare an industry standard agreement between
Owner and Architect for execution by the parties If the standard agreement is not signed, then our
proposal and these terms and conditions will serve as the agreement. If you propose the use of a
contract other than the standard agreement mentioned above, SWBR reserves the right to charge for
legal fees we incur in reviewing and/or negotiating these non-standard agreements.
4. Owner's Responsibilities
You agree to provide complete physical information about the site and/or building and any legal,
accounting, and insurance requirements as requested You agree to credit us in publicity involving
the project design.
5. Invoices
You wit receive an invoice monthly for services performed during the previous month. Payment is
due on receipt. Interest will be payable after 30 days at the maximum rate allowed by law. If legal
services are used to collect outstanding invoices, all costs including attorney's fees will be paid by
you. You agree we may suspend our work without notice at any time if your account is past due 30
days from the date of billing.
6. Delay in Signing Agreement
If you do not execute this proposal or any other written agreement with us, SWBR reserves the right
to withhold services, including delivery of sealed or stamped drawings to you until the proposed
agreement is executed.
7. Reimbursable Expenses
Reimbursable expenses such as photocopies, reprographic services, shipping, deliveries, travel,
photography, outside consultants, and services (not included in Basic Services), renderings, models,
and any additional insurance you request will be billed at our cost plus 10%.
8. Change of Scope / Contract Duration
Our fee is subject to equitable adjustment by negotiation if agreed scope is changed or our services
are not completed within 12 months.
9. Additional Services
These are services beyond those agreed to, including among others, our revisions due to
adjustments modifying project scope, quality or budget. Additional Services and related costs will be
billed at our hourly rates and our consultants at their hourly rates plus 10%
10. In -House Special Services
We can provide at your authorization and cost, interior design, structural engineering, landscape
architecture, visualization, environmental graphic design, and artwork consultation.
11. Design/Build
You may solicit Design/Build proposals for plumbing, mechanical, and electrical work based on our
documents, understanding that you will be responsible for all engineering computations,
certifications, code compliance, and the coordination of this work. Our review of such Design/Build
work is solely for compatibility with our design intent.
12. Review of Submittals
Corrections or comments made on the submittal during this review do not relieve the contractor from
compliance with requirements of the drawings and specifications and applicable laws, codes and
regulations This check is only for review of general conformance with the design concept of the
project and general compliance with the information given in the contract documents The contractor
Terms & Conditions of Agreement
is responsible for confirming and correlating all quantities and dimensions selecting fabrication
processes and techniques of construction: coordinating his work with that of all other trades: and
performing his work in a safe and satisfactory manner
13. Change Orders
We will prepare change orders, which result from our errors and omissions for your approval without
charge All others are an additional service You acknowledge change orders can be anticipated
during construction of projects, especially those constructed by the Construction Management or
Fast Track method where our design and coordination services may be out of conventional
sequence
14. Use of Architect's Drawings
Our drawings and specifications are instruments of service solely with respect to this project As
author, we retain copyright, common law, and statutory rights You may retain copies for reference,
but may not use these on other projects or to complete this project without us unless a court finds we
have materially breached our obligations.
15. Standard of Care
Our services will be performed in a manner consistent with that degree of care and skill ordinarily
exercised by design professionals practicing under similar circumstances at that same time and in
the same locality
16. Dispute Resolution
Claims and disputes relating to our services shall be resolved by mediation or litigation
17. Limitation of Liability
For any damage or costs to you resulting from our errors, omissions, or other professional
negligence, you agree to limit our liability for your damages to a single aggregate sum not to exceed
$50,000 or our fee, whichever is less.
18. Contractor and Subcontractor Indemnities
You will require any contractor or subcontractor performing work on the project to hold harmless and
indemnify you and SWBR, along with your and SWBR's officers, directors, and employees from all
claims resulting from the contractor's or subcontractor's negligence in the performance of the work.
19. Mutual Indemnity
We both agree, to the fullest extent permitted by law, to indemnify and hold harmless the other, along
with each other's officers, directors and employees against all damages liabilities, or costs, including
reasonable attorneys' fees and defense costs, to the extent caused by the negligent acts, errors or
omissions of the indemnifying party, or the consultants, or any party for whose acts the indemnifying
party is liable.
20. Termination & Suspension
Our Agreement may be terminated by either of us upon 7 days written notice should the other
materially fail to perform by these agreed terms You agree that failure to make payments when due
hereunder is a material failure to perform. In the event of termination or project suspension, you
agree to pay us for services and reimbursables due.
If you suspend the project for more than 3 months, we reserve the right to re -negotiate the balance of
our fee to reflect current personnel and project re -start costs. Should our services be terminated
without breach of our obligations, you agree (a) we are hereby released from any and all liability for
the work performed by us and our consultants, and (b) you are obliged to pay us termination
expenses in an amount equal to 20% of our remaining fee as of the time of such termination or forfeit
any uncredited balance of the initial payment.
21. Insurance
We maintain Worker's Compensation, Professional Liability, and General Liability Insurance
coverage. We will furnish copies of insurance certificates at your request. The purchase of additional
insurance or being named as additional insured is considered a reimbursable expense.
22. Facsimile Signatures
Facsimile signature shall be sufficient unless originals are required by a third party.
23. Successors & Assigns
You and we agree respectively to bind ourselves, our successors, and our assigns to the terms of
our Agreement. We may assign this agreement only to an SWBR-controlled entity if necessary for
compliance with professional registration laws. Otherwise, you and SWBR agree that neither party to
this Agreement shall assign any rights or interest under this Agreement without the prior written
consent of the other.
24. Choice of Law
This Agreement shall be governed by the laws of the State of New York
Rev. 06/2019
ENGINEERING
April 27, 2020
IRONDEQUOIT COMMUNITY CENTER
Commissioning Services Proposal
M/E Reference P201183.00
TOWN OF IRONDEQUOIT
DEPARTMENT OF PUBLIC WORKS
2629 East Ridge Road
Rochester, New York 14622
Attention: Mr. Robert W. Kiley
Commissioner of Public Works
Dear Mr, ,
M/E Engineering, P.C. is pleased to submit this proposal to provide Commissioning Services for the
Irondequoit Community Center at the Skyview on the Ridge Complex.
GENERAL
Commissioning Services will be provided to meet the minimum requirements of Section C408 of the
New York State 2020 Energy Conservation Construction Code.
SCOPE OF BASIC SERVICES
We propose to provide the following select Commissioning Services:
A. Commissioning Plan:
A Commissioning Plan will be developed that will describe in detail the commissioning process,
specific commissioning team member responsibilities and tasks, preliminary commissioning
schedule and a listing of all equipment and systems to be commissioned.
B. Submittal Review:
Submittals of all equipment and systems to be commissioned will be reviewed. This review will
provide the basis for the development of project specific Prefunctional Checklists and Functional
Test Procedures. Review will focus on Owner/Operator relevant issues, such as accessibility,
maintenance procedures and long term efficient operation.
C. Checklists/Functional Test Procedure Development:
CxA will develop project specific Prefunctional Checklists that will be completed by the installing
contractor and Functional Test Procedures which will be completed by the CxA, in concert with
the contractors. The developed documents will be based on review of the contract drawings,
specification and submittals.
D. Commissioning Meetings:
M/E Engineering, P.C. will chair and participate in the following meetings:
Initial kick-off meeting.
60 Lakefront Boulevard, Suite 320 j Buffalo N%147_07_ 7168 5509% meengineenng cam
M/E- Rererence P701i83 00
Apr i 27, 2020
Page 2
E Site Visits:
Site observation visits will be conducted during the construction phase of the project. Two (2)
visits are included in Basic Services. Site Observation Reports will be developed following each
visit, documenting project progress and observations.
F. Issues & Resolutions Log:
An on -going Issues & Resolutions Log will be maintained that will record all issues, deficiencies
and system operational shortcomings identified during the construction observation visits.
Deficiencies will not be removed from the log until they are addressed in a satisfactory manner.
G. Prefunctional Checklists Confirmation:
CxA will confirm completion of the developed Prefunctional Checklists by the contractors and
subcontractors. Checklists found to be incomplete will be returned for completion. Functional
Performance Testing will not commence until Prefunctional Checklists are accepted as
complete.
H. Functional Performance Testing:
Final Functional Performance Testing will be conducted by the CxA and installing
contractor/subcontractors, and manufacturer representatives as required. Contractors will start-
up and operate equipment/systems as directed by the written Test Procedures. CxA will
document test results and any deficiencies or operational issues. Deficiencies may be able to be
addressed during Functional Performance Testing. Re -Testing may be required.
Testing & Balancing Verification:
CxA will review the preliminary Testing & Balancing Report and return to the contractor with any
comments. The Final Testing & Balancing Report will be verified by the CxA utilizing a sampling
strategy.
J. Direct Digital Control System Verification:
A comprehensive verification of the Direct Digital Control System will be accomplished, which
will address the following:
1. System Point to Point confirmation.
2. Sequences of operation for all commissioned equipment/systems.
3. Confirmation of all system alarms.
K. Deferred Commissioning:
Based on the seasonal timeframe of project completion, seasonal or deferred commissioning will
be required to address heating or cooling equipment at full load conditions. These services will
be provided, and the Final Commissioning Report will be amended to reflect the seasonal
functional performance testing.
MiE Reference ID201183 00
Apr , 27, 2020
Page 3
L Commissioning Report:
A Draft and Final Commissioning Report will be developed, which will include the following:
1 Executive Summary.
2. Prefunctional Checklists.
3. Functional Test Procedures.
4. Issues & Resolutions Log.
SYSTEMS To BE COMMISSIONED
A. Based on our understanding of the project, the following equipment and systems are to be
commissioned:
1. Rooftop Units (3)
2. VAV Terminal Units (15)
3. Fans (4)
4. Unit Heater
5. Cabinet Unit Heater
6. Water Heater
7. Domestic Water Heater Circulating Pumps (3)
8. Direct Digital Controls
9. HVACTesting & Balancing
10. Lighting System Controls
SERVICES NOT INCLUDED
A. Actual check, test, and start-up of all equipment and systems remains the responsibility of the
installing contractor and equipment manufacturers.
B. Any Indoor Air Quality related services.
C. Commissioning of any equipment/systems not specifically referenced in this proposal.
D. Additional site visits or meetings not included under Basic Services.
FEE FOR SERVICES
We propose to provide the above -described services for a lump sum fee of NINE THOUSAND EIGHT HUNDRED
DOLLARS ($9,800.00).
Mr Robe, vV Kiley
M/E Reference P201183 00
April 27, 2020
Page 4
RATE SCHEDULE
We have included our rate schedule for hourly billing rates for the current calendar year. Should the
duration of the project extend beyond this calendar year, a revised rate schedule will be provided and
M/E will invoice based on those hourly billing rates.
TERMS AND CONDITIONS
Included you will find "M/E Engineering, P.C. Terms and Conditions" which shall apply to this proposal for
services.
We appreciate this opportunity to serve you and we look forward to a very successful project. If the
preceding is acceptable, please sign the enclosed copy and return it to us.
Sincerely,
AVE ENGINEERING, P.C.
KJS:bjs
cc: Attachment A
Mr. Craig E. Mott - M/E Engineering, P.C.
File
Kenneth J. Swan, LEED AP BD+C, CCP, CxA
Associate
Sustainability/Commissioning Services Group
ACCEPTED FOR TOWN OF IRONDEQUOIT DEPARTMENT OF PUBLIC WORKS
SIGNATURE
PRINT NAME
TITLE
DATE
AiE Reference a20;'ti3 uu
April 27, 2020
\ Page 5
M,. ENGINEERING P.C. TERMS & CONDITIONS
Perf• mance of Services:
_ M/E _n• neering, P C (M/E) shall perform the services outlined in the attached proposal in consideration of the stated fee and
payment erns.
Billings/Pia •: ents:
Invoices for % _ services will be submitted on a monthly basis. Invoices are due upon presentation and shall be payable in United
States Dollars {t D) within 30 days of the invoice date. If the invoice is not paid within 60 days, M/E may, without waiving any claim
or right against t - Client, and without liability whatsoever to the Client, suspend the performance of services. Retainers will be
credited on the fin.invoice. Accounts unpaid 60 days after the invoice date may be subject to a monthly service charge of 1.5% (or
the legal rate) on the hen unpaid balance. In the event any portion or all of an account remains unpaid 120 days after the invoice
date, the Client shall p- M/E all costs of collection, including reasonable attorney's fees.
Access to Site:
Unless otherwise stated, M . shall have access to the site for activities necessary for the performance of the services. M/E will take
precautions to minimize dam • e due to these activities, but has not included in the fee the cost of restoration of any resulting
damage due to site investigatlo.s and exploratory work.
Indemnification:
The Client shall, to the fullest extent •ermitted by law, indemnify and hold harmless M/E, its officers, directors, employees, agents
and sub consultants from and agains II damage, liability and cost, including reasonable attorney's fees and defense costs, to the
extent caused by the Client's negligent ; cts in connection with the project and the acts of its contractors, subcontractors,
consultants or anyone for whom the Clie is legally liable. Neither the Client nor M/E shall be obligated to indemnify the other
party in any manner whatsoever for the of • r party's own negligence, nor will either party be subject to consequential, special,
incidental or punitive damages.
Certifications, Guarantees and Warranties:
M/E shall not be required to execute any docume that would result in their certifying, guaranteeing or warranting the existence
of conditions whose existence of M/E cannot ascert.'n,
OWnership o ocuments:
All reports, drawings, specifications, computer files, field ,ata, notes and other documents and instruments prepared by M/E are
instruments of service under this agreement and shall ren in the property of M/E, and may not be used by the Client for any other
endeavor without the written consent of M/E. M/E shall reta all common law, statutory and other reserved rights, including the
copyright thereto.
Dispute Resolution:
Any claims or disputes made during design, construction or post- nstruction between the Client and M/E shall be submitted to
non -binding mediation. Client and M/E agree to include a similar m • iation agreement with all contractors, sub -contractors, sub -
consultants, suppliers and fabricators, thereby providing for mediatlo -s the primary method for dispute resolution between all
parties.
Sr at!4A of Services: Suspension of Project:
A party may immediately terminate this agreement and/or cease providing--rvices in the event of a material breach of any term,
warranty, condition or covenant by another party which remains uncured for een (15) days after written notice to the defaulting
party.
Notwithstanding the above, if the Client fails to make payments to M/E in accords e with this Proposal, such failure shall be
considered substantial non-performance and cause for termination or, at M/E's opti , cause for suspension of performance of
services under this proposal. Prior to suspension or termination of services, M/E shall •'ve three (3) days' written notice to the
Client. M/E shall have no liability to the Client or Owner for delay or damage caused bec se of such suspension or termination of
services. In the event of suspension of services, and before resuming services, M/E shall b •aid for all sums due prior to suspension
and any expenses incurred in the interruption and resumption of M/E's services. M/E's com • nsation and schedule for remaining
services shall be equitably adjusted, as necessary.
Assjrlment:
Neither Client nor M/E shall transfer, sublet or assign any rights or interest to the proposed service • including, but not limited to
monies that are due or monies that may be due, without the prior written consent of the other part except that M/E can hire
subconsultants as is usual and customary in the execution of this agreement.
Changes in Scope and Schedule:
M/E shall not be responsible for additional services resulting from significant changes in the scope, extent, or •mplexity of any
portions of the Project designed or specified by M/E caused by changes in Owner's schedule, Contractor's Sche le, length of
construction, or method of financing; and revising previously accepted studies, reports, Drawings, Specifications, • Contract
Documents when such revisions are required by changes in Laws and Regulations or Codes enacted subsequent t. he Effective Date
of this Agreement or are due to any other causes beyond M/E's control.
Entire Agreement:
This Proposal constitutes the entire agreement of the parties concerning the subject matter hereof. No covenants, agr oments,
representations or warranties of any kind whatsoever have been made by any party to this proposal except as specificall et forth
herein. All prior agreements, discussions and negotiations are entirely superseded by this proposal.
t Kobe: A . ley
M/E Reference 8201183 00
April 27, 2020
Page b
M/E Engineering, P.C.
RATE SCHEDULE
ou
January 1, 2020 through December 31, 2020
CLASSIFICATION
HOURLY BILLING
RATES
Principal
$250.00
1 Associate/Manager
$175.00
Senior Engineer
$155.00
Senior Designer/Senior Commissioning Agent
$145.00
Project Engineer/Project Designer
$110.00
Commissioning Agent
$110.00
Design Engineer/Designer $85.00
CAD Operator
$62.50
Word Processor
$55.00
REIMBURSABLE EXPENSES
Printing, Reproduction and Postage
At Cost
Travel Outside of Monroe County
At Cost
Subconsultant
Cost Plus 10%
Testing Services
Cost Plus 10%
Resolution No. 2020- __________
EXTRACT OF MINUTES OF A WORKSHOP MEETING OF THE TOWN BOARD
ADOPTING A RESOLUTION APPROVING THE PERMANENT APPOINTMENT OF A
PART TIME COURT ATTENDANT IN IRONDEQUOIT TOWN JUSTICE COURT
At the workshop meeting of the Town Board of the Town of Irondequoit, Monroe County, New
York held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 11th day of
August 2020 at 4:00 P.M. local time: there were
PRESENT:
David Seeley Town Supervisor
Patrina Freeman Town Board Member
John Perticone Town Board Member
Kimie Romeo Town Board Member
Peter Wehner Town Board Member
Harter Secrest & Emery LLP Attorney for the Town
Town Board Member _____________________offered the following resolution and moved its
adoption:
WHEREAS, due to a vacancy, there is an opening for a part time Court Attendant in the
Irondequoit Town Justice Court; and
WHEREAS, the Court Administrator has interviewed several qualified candidates and has
chosen to hire James Rothfuss as a part time Court Attendant; and
NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the appointment of
James Rothfuss as a part time Court Attendant at an hourly rate of $15.00 to be paid from budget
code 001.1110.0108.1100.
This resolution shall take effect August 18, 2020.
Seconded by the Town Board Member ______________________________ and duly put to
vote, which resulted as follows:
Town Board Member Wehner voting _______
Town Board Member Perticone voting _______
Town Board Member Freeman voting _______
Town Board Member Romeo voting _______
Town Supervisor Seeley voting _______