Mayor & Board of Trustees

AGENDA TUESDAY SEPTEMBER 5, 2023 BOARD OF TRUSTEES WILLIAM J. VESCIO COMMUNITY CENTER 1 LIBRARY ROAD WORK SESSION – 6:00 PM For those members of the public interested in viewing and/or participating in the meeting remotely, visit https://www.briarcliffmanor.gov/Calendar.aspx?EID=696 1. Review Agenda Items: a. Continued Public Hearing Special Use Permit Request – IPPsolar Integration LLC, Chilmark Shopping Center, 1856 Pleasantville Road – to be immediately adjourned to a date determined by the Board b. Public Hearing to Amend Chapter 186, Streets and Sidewalks, Article V c. Public Hearing to Amend Chapter 220-17, Board of Appeals d. Amendment to Chapter 207, Vehicles and Traffic, Schedule III, School Speed Limits e. Budget Transfers FY 2023 – 2024 f. Award of Bid – River Road Islands and Law Park Parking Lot Project g. Acceptance of Resignation from a Member of the Sustainability Advisory Committee 2. Presentation and Discuss Library HVAC and CREST Grant 3. Board of Trustees Concerns 4. Advice of Counsel 1 April 25, 2023 Mr. Jeff Gaspar Village Engineer Village of Briarcliff Manor 1111 Pleasantville Road Briarcliff Manor, NY 10510 RE: Cooling and Ventilation Upgrades Briarcliff Library Village of Briarcliff Manor, New York Dear Mr. Gaspar: We are pleased to submit our agreement for engineering professional services for the above-referenced project. SCOPE OF SERVICES 1. Contract Documents a. Preparation of plans and specifications for the air conditioning upgrade at the Briarcliff Library. 2. Air Conditioning Upgrades: a. Option 1 – Replacement of Air Handler 2 Serving the Second Floor Library • Demolition of the existing Air Handler 2 in the attic space and associated duct, chiller piping, and hydronic piping. • Installation of a centralized high efficiency variable refrigeration flow system to allow for on- demand heating or cooling with localized control. - Installation of new outdoor condensing unit module - Indoor cassette units for individualized local control - Outside air ductwork, refrigerant piping, and all required controls for a fully operational system • Chiller system to remain. Rebalancing of existing chiller system and hydronic system in relation to the removal of Air Handler 2. b. Option 2 – Replacement of the Chiller System with Variable Refrigerant Flow • Demolition of the existing chiller, four existing air handlers, associated VAV boxes, ductwork, air terminals, chiller piping, and associated hydronic piping. • Installation of a centralized high efficiency variable refrigeration flow system to allow for on- demand heating or cooling with localized control. - Installation of new outdoor condensing unit modules - Indoor cassette units for individualized local control - Outside air ductwork, refrigerant piping, and all required controls for a fully operational system • Rebalancing of existing hydronic system in relation to the removal of each air handler. EDR 12 Water Street, Suite 202, White Plains, NY 10601 914.607.7944 www.edrdpc.com 2  Mr. Jeff Gaspar April 25, 2023 3. Electrical a. Disconnect power from existing equipment to be removed. b. Provide power for new variable refrigerant flow system from new power panel. 4. Exceptions a. Electrical work to only include variable refrigerant flow power work. b. Any environmental testing and removals for asbestos, lead paint, and oil contamination will be performed by others. DESIGN CRITERIA 1. Assume existing electrical service and distribution equipment is adequate. 2. Attendance at two job/survey meetings during design will be required. 3. It is EDR’s understanding that no electronic backgrounds are available and the required dimensions will be obtained by field measurements. PREPARATION OF CONTRACT DOCUMENTS 1. Prepare the design concepts; sizing all pertinent components required for the installations. 2. Prepare the final drawings and specifications. 3. Conform to all building codes. Any additional filings will be performed by others. 4. Total estimated construction cost: a. Option 1: $330,000.00 b. Option 2: $650,000.00 CONSTRUCTION PHASE 1. Bid review and recommendation. 2. Four site meetings/inspections during construction. 3. Shop drawing review and final punch list. FEE The preceding design and construction services shall be furnished for the lump sum fee. This project will be done on CAD. Any additional work to be on a time and material basis. Option 1: Design Fee Phase I (Mechanical Systems) ....................................................... $ 27,300.00 Design Fee Phase I (Electrical) ............................................................................ $7,550.00 Construction Administration Fee ........................................................................... $3,500.00 Total: ............................................................................................................ $38,350.00 Option 2: Design Fee Phase I (Mechanical Systems) ........................................................ $48,400.00 Design Fee Phase I (Electrical) ............................................................................ $9,550.00 Construction Administration Fee ........................................................................... $4,500.00 Total: ............................................................................................................ $62,450.00 Page 2 3  Mr. Jeff Gaspar April 25, 2023 1. Normal expenses will be included in the lump sum fee (e.g., mileage and mailings). Bulk printing of drawings and specifications is not included. 2. Additional work, field meetings/trips will be in addition to the lump sum fee and shall be billed at employee’s standard hourly rates, per approval of Owner and contract amended accordingly. Please sign the original agreement and return it at your earliest convenience. Should you have any questions or require any further information, please contact us. Sincerely, Michael E. Tamblin, PE Principal Page 3 4  TERMS AND CONDITIONS FOR AGREEMENT BETWEEN CLIENT AND CONSULTANT FOR PROFESSIONAL SERVICES General 1. Statute of Limitations: Client and Consultant agree that all claims against Consultant shall be deemed to have accrued and all applicable statutes of limitation shall commence to run no later than the date when Consultant’s services defined by this Agreement are substantially completed, irrespective of the date of final payment by the Client. 2. Safety: With respect to project safety, Consultant shall be responsible solely for the onsite activities of its own employees. This responsibility shall not be construed by any party to relieve the project site’s Owner, the Client or any contractor from their respective obligations to provide and maintain a safe project site. 3. This Agreement (together with the exhibits included) constitutes the entire Agreement between Client and Consultant and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified, or canceled by a written instrument duly executed by both parties. 4. Upon the execution of this Agreement, Consultant and Client shall designate specific individuals to act as Consultant’s and Client’s representatives with respect to the services to be performed or furnished by Consultant and responsibilities of Client under this Agreement. Such an individual shall have authority to transmit instructions, receive information, and render decisions relative to this Agreement on behalf of the respective party whom the individual represents. 5. The Consultant shall not have control over or charge of and shall not be responsible for construction means, coordination, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the underlying project, since these are the responsibilities of the project contractor. Consultant shall not be responsible for any contractors' schedules or failures to carry out the Work in accordance with the plans, specifications or other contract documents. In the event a Construction Manager or other consultants are engaged in the project, Consultant shall not be responsible for the performance by the Construction Manager or other consultants of the services required by their respective agreements with the Client and or Owner. Consultant shall not have control over or charge of acts or omissions of Client’s contractors, subcontractors, consultants or their agents or employees, or of any other persons performing services or portions of the Work. Project site visits shall not be construed as taking on any responsibility for the items listed above. 6. Subsurface soil conditions, including the presence of rock can vary over a project site, therefore Consultant is NOT responsible for the accuracy of any subsurface soil testing, exploratory excavations, infiltration testing or geotechnical recommendations. Client’s Responsibilities 1. Provide Consultant with all criteria and full information as to Client’s requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility, and expandability, and any budgetary limitations. 2. Following Consultant’s assessment of initially available Project information and data and upon Consultant’s request to obtain additional data/information, the Client will furnish, or otherwise make available to the Consultant additional requested data/information necessary in Consultant’s judgment to complete its Basic and Additional Services. 3. Arrange for safe access to and make all provisions for Consultant to enter upon public and private property as required for Consultant to perform services under the Agreement. 4. Advise Consultant of the identity and scope of services of any independent Consultants employed by Client to perform or furnish services in regard to the Project, including, but not limited to, cost estimating, project peer review, value engineering, and constructability review. 5. Inform Consultant in writing of any specific requirements of safety or security programs that are applicable to Consultant, as a visitor to the Site. 6. Client shall be responsible for all requirements and instructions that it furnishes to Consultant pursuant to this Agreement, and for the accuracy and completeness of all programs, reports, data, and other information furnished by Client to Consultant pursuant to this Agreement. Consultant may use and rely upon such requirements, programs, instructions, reports, data, and information in performing or furnishing services under this Agreement, subject to any express limitations or reservations applicable to the furnished items. 7. Client will give prompt written notice to the Consultant when Client becomes aware of: (1) any development that materially affects the scope or time of performance of Consultant’s Services; (2) the presence at the Site of any Constituent of Concern; (3) any potential material defect or nonconformance in Consultant’s work product or Services. EDR 12 Water Street, Suite 202, White Plains, NY 10601 914.607.7944 www.edrdpc.com 5  Mr. Jeff Gaspar April 25, 2023 Consultant’s Schedule of Services 1. Consultant is authorized to begin services as of the Effective Date. 2. Consultant shall complete its obligations as expeditiously as is consistent with the orderly progress of the project and the professional standard of care stated below. Consultant will endeavor in good faith to meet any schedule milestones that are provided in Exhibit A. 3. If, through no fault of Consultant, such periods of time or dates are changed, or the orderly and continuous progress of Consultant’s services is impaired, or Consultant’s services are delayed or suspended or, in Consultant’s Professional judgment additional time is required to allow for the proper performance of certain services, then the time for completion of Consultant’s services, and the rates and amounts of Consultant’s compensation shall be adjusted equitably. 4. If Client authorizes changes in the scope, extent, or character of the Project or Consultant’s services, then the time for completion of Consultant’s services, and the rates and amounts of Consultant’s compensation shall be adjusted equitably. 5. Client shall endeavor to make decisions and carry out its responsibilities to the Project in a timely manner so as not to delay the Consultant’s performance of its services. 6. The Client is responsible for the schedules of services of Client’s other consultants and the project contractors as not to delay the Consultant’s performance of its services under this Agreement or the orderly progress of the project in general. Invoices and Payments 1. Consultant shall prepare invoices in accordance with its standard invoicing practices. Consultant shall submit its invoices to Client on a monthly basis. Invoices are due and payable within 30 days of receipt. Payment will be credited first to any interest owed to Consultant and then to principal. 2. If Client fails to make any payment due to the Consultant for services and expenses within 30 days after receipt of Consultant’s invoice, then amounts due Consultant will be increased at the rate of 1.5% per month. 3. Consultant may, after giving seven days written notice to Client, suspend services under this Agreement until Client has paid in full all amounts due for services, expenses, and other related charges. Client waives any and all claims against Consultant arising from or relating to any consequences of any such suspension. 4. If Client disputes an invoice, either as to amount or entitlement, then Client shall promptly advise Consultant in writing of the specific basis for doing so. The Client may withhold only that portion so disputed and must pay the undisputed portion subject to the terms of this Agreement. Payment is due within thirty (30) days of the invoice date. 5. Client agrees to pay all related costs, court costs and attorneys’ fees incurred by Consultant in order to collect overdue invoices, enforce the terms of this Agreement and/or in the defense of claims brought against Consultant. 6. Approved rates per labor category are subject to a 3% increase each year if new rates are not negotiated. Opinions of Probable Construction Costs 1. When included as part of Consultant’s Scope of Services, opinions of probable Construction Cost are to be made on the basis of Consultant’s experience and qualifications and represent Consultant’s best judgment as an experienced and qualified professional generally familiar with the construction industry. However, because Consultant has no control over the cost of labor, materials, equipment, or services furnished by others, or over contractors’ methods of determining prices, or over competitive bidding or market conditions, Consultant cannot and does not guarantee that proposals, bids, or actual Construction Cost will not vary from opinions of probable Construction Cost prepared by Consultant. If the Client requires greater assurance as to probable Construction Cost, then Client agrees to obtain an independent cost estimate from a third party. Standard of Care 1. The Consultant will provide services identified herein in a manner consistent with the level of care and skill ordinarily exercised by members of the subject profession practicing at the same time, in the same location and under the same conditions as this project. 2. Consultant is not responsible for the acts or omissions of the Client, the project site’s /Owner, or their contractors, agents, or consultants. Client is responsible for all requirements and instructions that it furnishes to Consultant pursuant to this Agreement, and for the accuracy and completeness of all programs, reports, data, and other information furnished by Client to Consultant pursuant to this Agreement. Consultant may use and rely upon such requirements, programs, instructions, reports, data, and information in performing or furnishing services under this Agreement, subject to any express limitations or reservations applicable to the furnished items. 3. Consultant makes no warranties, express or implied, under this Agreement or otherwise, in connection with any services performed or furnished by Consultant. Page 5 6  Mr. Jeff Gaspar April 25, 2023 4. Subject to the standard of care set forth above, Consultant and its Subconsultants may use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, manufacturers, suppliers, and the publishers of technical standards. 5. Consultant shall not be required to sign any document, no matter by whom requested, that would result in the Consultant having to certify, guarantee, or warrant the existence of conditions whose existence the Consultant cannot ascertain or is not required to ascertain by its Scope of Services. Client agrees not to make resolution of any dispute with the Consultant or payment of any amount due to the Consultant in any way contingent upon the Consultant signing any such document. Documents 1. All Documents produced by Consultant are instruments of service, and Consultant shall retain an Ownership and property interest therein (including the copyright and the right of reuse at the discretion of the Consultant) whether or not the Project is completed. 2. Client may make and retain copies of Documents for information and reference in connection with the use of the Documents on the Project. Consultant grants Client a limited license to use the Documents for the construction of the Project, and for maintenance and related uses of the Client, subject to receipt by Consultant of full payment due and owing for all services relating to preparation of the Documents., and subject to the following limitations: (1) Client acknowledges that such Documents are not intended or represented to be suitable for use on other Projects or Extensions of the Project, or for any other use or purpose, without written verification or adaptation by Consultant; (2) any such use or reuse, or any modification of the Documents, without written verification, completion, or adaptation by Consultant, as appropriate for the specific purpose intended, will be at Client’s sole risk and without liability or legal exposure to Consultant or to its officers, directors, members, partners, agents, employees, owners, stockholders and Consultants; (3) Client shall indemnify and hold harmless Consultant and its officers, directors, members, partners, agents, employees, Clients, stockholders and Consultants from all claims, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from any use, reuse, or modification of the Documents without written verification, completion, or adaptation by Consultant; and (4) such limited license to Client shall not create any rights in third parties. 3. Client and Consultant may transmit, and shall accept, Project-related correspondence, Documents, text, data, drawings, information, and graphics, in electronic media or digital format, either directly, or through access to a secure Project website, in accordance with a mutually agreeable protocol. 4. If this Agreement does not establish protocols for electronic or digital transmittals, then Client and Consultant shall jointly develop such protocols. 5. When transmitting items in electronic media or digital format, the transmitting party makes no representations as to long term compatibility, usability, or readability of the items resulting from the recipient’s use of software application packages, operating systems, or computer hardware differing from those used in the drafting or transmittal of the items, or from those established in applicable transmittal protocols. Insurances 1. Consultant shall procure and maintain insurance as set below. 2. Consultant shall cause Client/Owner to be listed as an additional insured on any applicable general liability insurance policy carried by Consultant. 3. Consultant shall each deliver to the Client certificates of insurance evidencing the coverages. Such certificates shall be furnished prior to commencement of Consultant’s services and at renewals thereafter during the life of the Agreement. 4. The Consultant’s limits of liability for the insurance required for Agreement are as follows: a. Workers’ Compensation and Employer’s Liability Insurance: Coverage shall include all Statutory Workers Compensation benefits payable to the employees who may sustain work-related injuries or diseases and coverage, if applicable, commensurate with the requirements of the US Longshoremen’s and Harbor Workers’ Compensation Act. This insurance shall include a waiver of subrogation in favor of Consultant. 1) Bodily injury, each accident: $1,000,000 2) Bodily injury by disease, each employee: $1,000,000 3) Bodily injury/disease, aggregate: $1,000,000 b. Commercial General Liability and Contractual Liability: This policy must be primary and non-contributory, expressly naming Client as additional insured. 1) Each Occurrence (Bodily Injury and Property Damage): $1,000,000 2) General Aggregate: $2,000,000 c. Excess of Umbrella Liability: This policy must be primary and non-contributory, expressly naming Consultant and the Client as additional insured. 1) Per Occurrence: $5,000,000 2) General Aggregate: $5,000,000 Page 6 7  Mr. Jeff Gaspar April 25, 2023 d. Automobile Liability - Combined Single Limit (Bodily Injury and Property Damage): This policy must be primary and non-contributory, expressly naming Consultant and the Client as additional insured. $1,000,000 e. Professional Liability: 1) Each Claim Made $2,000,000 2) Annual Aggregate $3,000,000 Termination of Services 1. The obligation to provide further services under this Agreement may be terminated: a. For cause, by either party upon 30 days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. b. For cause by Consultant upon seven days written notice if Client fails to make timely payment or demands that Consultant furnish or perform services contrary to Consultant’s responsibilities as a licensed professional. Consultant shall have no liability to Client on account of such termination. c. Notwithstanding the foregoing, this Agreement will not terminate if the party receiving such notice begins, within seven days of receipt of such notice, to correct its substantial failure to perform and proceeds diligently to cure such failure within no more than 7 days of receipt thereof; provided, however, that if and to the extent such substantial failure cannot be reasonably cured within a 30 day period, and if such party has diligently attempted to cure the same and thereafter continues diligently to cure the same, then the cure period provided for herein shall extend up to, but in no case more than, 60 days after the date of receipt of the notice. d. Payments Upon Termination: In the event of any termination, Consultant will be entitled to invoice Client and to receive full payment for all services performed or furnished in accordance with this Agreement and all Reimbursable Expenses incurred through the effective date of termination. Upon making such payment, Client shall have the limited right to the use of Documents, at Client’s sole risk. Successors, Assigns, and Beneficiaries 1. Client and Consultant and their respective successors, executors, administrators, and legal representatives are hereby bound to the other party to this Agreement and to the successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, Agreements, and obligations of this Agreement. 2. Neither Client nor Consultant may assign, sublet, or transfer any rights under or interest (including, but without limitation, money that is due or may become due) in this Agreement without the written consent of the other party, except to the extent that any assignment, subletting, or transfer is mandated by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Dispute Resolution 1. Client and Consultant agree to conduct good faith discussions to endeavor to voluntarily resolve any disputes which may arise out of or relate to this Agreement. In the event such discussions are unsuccessful in resolving such disputes, Client and Consultant agree that, as a condition precedent to the commencement of litigation, they shall submit any and all unsettled claims, counterclaims, disputes, and other matters in question between them to mediation. If such matter relates to or is the subject of a lien arising out of the Consultant’s services, Consultant may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to the conclusion of mediation. The mediation shall be conducted in general accordance with the applicable rules of the American Arbitration Association by a mediator agreed to and retained directly by the Client AND Consultant without the involvement of the American Arbitration Association. The mediator’s fees shall be borne equally by the Client and Consultant. Client and Consultant agree to participate in the mediation process in good faith. The process shall be conducted expeditiously and on a confidential basis. The mediation shall be held in the place where the underlying project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement Agreements in any court having jurisdiction thereof 2. This Agreement shall be governed by the laws of the State of New York. Any litigation arising from or relating to the Agreement shall be venued in the New York State Supreme Court in Westchester County, New York. Environmental Conditions of the Site 1. “Constituent of Concern” as used herein is defined as Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to (a) the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. (“CERCLA”); (b) the Hazardous Materials Transportation Act, 49 U.S.C. §§5501 et seq.; (c) the Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. (“RCRA”); (d) the Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; (e) the Clean Water Act, 33 U.S.C. §§1251 et seq.; (f) the Clean Air Act, 42 U.S.C. §§7401 et seq.; or (g) any other federal, State, or local Page 7 8  Mr. Jeff Gaspar April 25, 2023 statute, law, rule, regulation, ordinance, resolution, code, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material. Client represents to Consultant that as of the Effective Date to the best of Client’s knowledge no Constituents of Concern, other than those disclosed in writing to Consultant, exist at or adjacent to the Site. 2. If Consultant encounters or learns of an undisclosed Constituent of Concern at the Site, then Consultant shall notify (1) Client and (2) appropriate governmental officials if Consultant reasonably concludes that doing so is required by applicable Laws or Regulations. 3. It is acknowledged by both parties that Consultant’s scope of services does not include any services related to unknown or undisclosed Constituents of Concern. If Consultant or any other party encounters, uncovers, or reveals an undisclosed Constituent of Concern, then Client shall promptly determine whether to retain a qualified expert to evaluate such condition or take any necessary corrective action. 4. If investigative or remedial action, or other professional services, are necessary with respect to undisclosed Constituents of Concern, or if investigative or remedial action beyond that reasonably contemplated is needed to address a disclosed or known Constituent of Concern, then Consultant may, at its option and without liability for direct, consequential or any other damages of any kind or nature, suspend performance of services on the portion of the Project affected thereby until such portion of the Project is no longer affected. 5. If the presence at the Site of undisclosed Constituents of Concern adversely affects the performance of Consultant’s services under this Agreement, then the Consultant shall have the option of (1) accepting an equitable adjustment in its compensation or in the time of completion, or both; or (2) terminating this Agreement for cause on seven days’ notice. 6. Client acknowledges that Consultant is performing professional services for Client and that Consultant is not and shall not be required to become a "Client," “arranger,” “operator,” “generator,” or “transporter” of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended, which are or may be encountered at or near the Site in connection with Consultant’s activities under this Agreement. 7. The Client has represented to Consultant as of the Effective Date of this Agreement to the best of Client’s knowledge that no Constituents of Concern, other than those disclosed in writing to Consultant, exist at or adjacent to the Site. Indemnification and Mutual Waiver 1. Indemnification by Consultant: To the fullest extent permitted by Laws and Regulations, Consultant shall indemnify and hold harmless Client, and Client’s officers, directors, members, partners, agents, Consultants, and employees, from losses, damages, and judgments arising from third-party claims or actions relating to the Project, provided that any such claim, action, loss, damages, or judgment is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, but only to the extent caused by any negligent act or negligent omission of Consultant or Consultant’s officers, directors, members, partners, agents, employees, or Consultants. 2. Indemnification by Client: To the fullest extent permitted by Laws and Regulations, Client shall defend, indemnify and hold harmless Consultant and its officers, directors, members, partners, agents, employees, Clients, stockholders and Consultants from and against any and all claims, costs, losses, and damages (including but not limited to all fees and charges of Consultants, architects, attorneys, and other professionals, and all court, arbitration, or other dispute resolution costs) arising out of or relating to the Project, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, but only to the extent caused by any negligent act, omission or intentionally wrongful conduct of Client or Client’s officers, directors, members, partners, agents, employees, Consultants, or others retained by or under contract to the Client with respect to this Agreement or to the Project. 3. Environmental Indemnification: To the fullest extent permitted by Laws and Regulations, Client shall indemnify and hold harmless Consultant and its officers, directors, members, partners, agents, employees, Clients, stockholders and Consultants from all claims, costs, losses, damages, actions, and judgments (including reasonable Consultants’ and attorney’s fees and expenses) caused by, arising out of, relating to, or resulting from a Constituent of Concern at, on, or under the Site, provided that (1) any such claim, cost, loss, damages, action, or judgment is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (2) nothing in this paragraph shall obligate Client to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence or willful misconduct. 4. No Defense Obligation: The Consultant’s indemnification commitments in this Agreement do not include a defense obligation. Page 8 9  Mr. Jeff Gaspar April 25, 2023 5. Percentage Share of Negligence: To the fullest extent permitted by Laws and Regulations, a party’s total liability to the other party and anyone claiming by, though, or under the other party for any cost, loss, or damages caused in part by the negligence of the party and in part by the negligence of the other party or any other negligent entity or individual, shall not exceed the percentage share that the party’s negligence bears to the total negligence of Client, Consultant, and all other negligent entities and individuals. 6. Mutual Waiver: To the fullest extent permitted by Laws and Regulations, Client and Consultant waive against each other, and the other’s employees, officers, directors, members, agents, insurers, partners, Clients, stockholders and Consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to this Agreement or the Project, from any cause or causes. 7. Limit Of Liability: To the fullest extent permitted by Laws and Regulations, and notwithstanding any other provision of this Agreement, the total liability, in the aggregate, of Consultant and Consultant’s officers, directors, members, partners, agents, employees, Clients, stockholders and Subconsultants, to Client and anyone claiming by, though, or under Client for any and all injuries, claims, losses, expenses, costs, or damages whatsoever arising out of, resulting from, or in any way related to the Project, Consultant’s or its Consultants’ services or this Agreement, from any cause or causes whatsoever, including but not limited to the negligence, professional errors or omissions, strict liability, breach of contract, indemnity obligations, or warranty express or implied, of Consultant or Consultant’s officers, directors, members, partners, agents, employees, or its Subconsultants, shall not exceed the total amount of $25,000 or the total amount of compensation actually received by Consultant under this Agreement, whichever is lesser amount. Record Retention, Miscellaneous Provisions, and Definitions 1. Records Retention: Consultant shall maintain on file in legible form, for a period of five years following completion or termination of its services, all Documents, records (including cost records), and design calculations related to Consultant’s services or pertinent to Consultant’s performance under this Agreement. Upon Client’s request, Consultant shall provide a copy of any such item to Client at cost. 2. Miscellaneous Provisions: a. Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at its address on the signature page and given personally, by registered or certified mail postage prepaid, or by a commercial courier service. All notices shall be effective upon the date of receipt. b. Survival: All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive its completion or termination for any reason. c. Severability If any of the Provisions contained in this Agreement are held invalid, illegal, or unenforceable, the enforceability of the other remaining provisions shall not be impaired. d. Waiver: A party’s non-enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. e. Nothing contained in the Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Client or Consultant 3. Definitions: Wherever used in this Agreement (including the Exhibits hereto) terms (including the singular and plural forms) printed with initial capital letters have the meanings indicated in the text above, in the exhibits, or in the following definitions: a. Additional Services—Any services performed for or furnished to Client by Consultant which are outside its Scope of Services as defined by Exhibit A and as defined herein for which Consultant shall be entitled to additional compensation. b. Basic Services—The services to be performed for or furnished to Client by Consultant within its Scope of Services as defined in Exhibit A of this Agreement and as defined herein. c. Substantial Completion—Consultant’s services are substantially complete upon its initial delivery of final deliverables (reports, graphics, visualizations, mapping, studies, designs, design documents, construction documents, and inspection reports) as defined in the Basic Services listed in Exhibit A. Page 9 10  Mr. Jeff Gaspar April 25, 2023 Should you find this proposal acceptable, your signature below and return of one copy of this proposal agreement will constitute acceptance of the proposal and financial terms and allow us to proceed on your behalf. Please contact us if you have comments or questions about the information in this proposal. Sincerely, Approved and Authorized to Proceed VILLAGE OF BRIARCLIFF MANOR Michael E. Tamblin, PE Principal Signature Name Title Date Page 10 11  12 Water Street, White Plains, NY 10601 Phone: 914-741-1290 FAX: 914-741-1253 www.lynstaar.com NYS WBE CERTIFIED HVAC SYSTEMS EVALUATION At the Briarcliff Library 1 Library Road Briarcliff Manor, NY 10510 March 27, 2023 Prepared for: Prepared by: Jeffrey M. Gaspar, P.E LynStaar Engineering, P.C. Village Engineer Village of Briarcliff Manor 12 TABLE OF CONTENTS I. Introduction..........................................................................................................................1 II. Executive Summary.............................................................................................................1 III. Existing Conditions…………………………………………………………………..…1-4 A. Building……………………………………………………………………..………1-2 B. Air Conditioning System and Ventilation system.…………………………......…...2-4 IV. Recommendations…………............................................................................................5-8 A. Building Ventilation and Cooling ……...………………………………………..….5-7 B. Options Considered………………………………………………………..…………..7 C. Cost Comparison………………………………………………………………………8 D. Recommendations……………………………………………………..………………8 E. Next Steps………………………………………………………………..……………8 13  I. INTRODUCTION LynStaar Engineering, P.C. (LSE) was retained to prepare a report for the evaluation of the HVAC systems and chiller serving the Briarcliff Manor Public Library, and corrective actions to be taken. In doing so, LSE will provide recommended improvements to the current system with different tiers of options. A site visit was conducted on January 19th, 2023, and the information presented herein is based on readily observable conditions and discussions with the personnel. Construction plans were later provided to help with the investigation. Potential hidden problems that may exist would not be apparent without extensive investigation, opening of units, opening of walls, and disrupting workspaces, which is not covered herein. The information presented is based on standard engineering practice, good judgment, and past experiences. II. EXECUTIVE SUMMARY LSE’s investigation focused on the Ventilation and Cooling system of the Briarcliff Public Library. The cooling system is an exterior chiller that servers 4 interior air handlers that distribute conditioned air to the first and second floor. Upon investigation with the manufacturer of these pieces of equipment, LSE found the chiller and two of the air handlers are 15 years old nearing the end of their lifespan of 15-20 years. In addition, one of the air handlers is leaking, most likely due to a failure in the condensate drip pan. Because of the age of this equipment and damage to the surrounding insulation around the leaking air handler, rather than patch the leak in the air handler, it should be replaced as soon as possible to prevent any issues in the future and increase reliability, comfort, and efficiency of the system. We suggest replacing the unit with a Variable Refrigerant Flow System (VRF) as this is more appropriate application than a chiller system. The rest of the system should be converted to a variable refrigerant system when able. In this report we present 3 options: 1. Replace leaking air handler in kind: $150,000 2. Replace leaking air handler with a VRF system: $330,000 3. Replace the entire chiller system with a VRF system: $650,000 III. EXISTING CONDITIONS A. BUILDING The existing building is a two-story masonry structure with a basement, two occupied floors, an attic, and a roof. The basement contains the mechanical room, which houses an air handler and a boiler. The first and second floor contains libraries, office areas, and community spaces. The attic 1 14 level has limited access with three air handlers that serve the spaces on the first and second floors. A portion of the building, parts of the library and the community spaces on the first and second floors were built in an addition performed in 2014. B. AIR CONDITIONING AND VENTILLATION SYSTEM The Briarcliff Public Library is cooled by an air-cooled remote chiller located at the South end of the building adjacent to the parking lot. The chiller has a capacity of 43 tons and was installed at least 15 years ago. The unit was recently serviced due to a fault in the control system. The chiller contains a refrigeration cycle that rejects heat to the outside air. It uses pumped chilled water as the medium to provide cooling within the building. At the time of our site inspection, we catalogued four separate air handling units located throughout the building; one located on the basement level and three located in the attic. The basement air handler has a ventilation rate of 12,000 cfm provides ventilation air to rooms throughout the first floor. The air handler is complete with a chilled water cooling coil and a hydronic heating coil used only to temper the outside air (heating in the building is provided by perimeter radiation). Like the chiller, this Air Handler is also 15 years old. There is an identical Air Handler to the one in the basement in the attic. This Air Handler serves the second-floor library. It has a capacity of 12 tons. The unit is a Carrier model, and it was mentioned during the site visit that a Carrier representative came to inspect and service the unit during the previous calendar year. According to Carrier, the unit was installed in 2008, making it about 15 years old at the time of this report. The average life expectancy of these units are about 15-20 years, meaning the unit is nearing the end of its lifespan regardless of any other issues regarding leaking or something similar. This Air Handler has been the source of water damage to the second-floor ceiling. A drain pan has been installed under the unit with a pump to discharge built up water. Access into the Air Handler was not available during the time of inspection to determine the source of the leak, but a failure of the condensate drain pan is probable. Additionally, the chilled water supply and return unions to the unit are uninsulated and heavily rusted presumably from condensation. See image below. 2 15 The remaining two Air handlers in the Attic space were installed in 2014. These units have a chilled water coil and a hydronic heating coil and a ventilation rate of 1,950 cfm. These units serve the building addition with an annex space on the second floor and a reception area on the first floor. 3 16 Ventilation is provided through the air handlers. In the attic where the air handlers are located, there are multiple louvers in the roof shown in Figure 2 that allow the flow of outside air into the attic and the intake ductwork of the air handler. There is an additional louver in the basement for the air handler located there. Figure 2: Louvers Providing Outside Air to Air Handlers in Attic 4 17 RECOMMENDATIONS A. BUILDING VENTILATION AND COOLING The existing chiller system is functional but approaching its useful life expectancy. The chiller is at least 15 years old and the average life expectancy of a chiller is between 15-20 years. As time goes on, repairs are likely to be more frequent and more expensive. The two air handlers installed at the same time of the chiller have a life expectancy of 15 years. The air handler installed in the attic space is visibly leaking and the connections are rusted. The unit should be replaced before it causes additional water damage to the ceiling and building below. The other two air handlers in the attic are 9 years old and in fair condition. The options provided fall into 2 main categories: a chiller system and a variable refrigerant flow (VRF) system. A chiller system has chilled water pumped in from an outdoor chiller to fan coil units and an air handling unit to cool a space while a VRF system distributes refrigerant to indoor units for each individual space. The advantages of a chiller system include: • A lower upfront cost • Being more favorable for large facilities • Easier maintenance The advantages of a VRF system include: • Lower operational costs over time • Being more favorable for small and medium sized facilities • Easier addition of extra units • Individualized service for each space • Quieter operation • Lower power consumption • Less space required. • Preserved functionality during individual unit maintenance. Option 1 – Replace Attic Air Handler in Kind Total Cost: $150,000 The first option is to replace the existing leaking air handler in kind. Connections to the chilled water system along with the hydronic system will be cut back and reconnected. The existing ductwork distribution shall be reused. One of the challenges with this option is the limited attic access that would require a new opening in the second floor ceiling to be able to lift the new air handler in place. This would be an especially costly endeavor as the wood trusses would need to be reinforced to create an opening and the existing ductwork and piping in the attic space creates difficult working conditions. This could add anywhere from $30,000 to $50,000 to the 5 18 construction costs. This would be the least expensive option that would resolve the leaking issue. However, this option does not address the age of the chiller, the air handler located in the basement, and the various components of the chiller system. While this would be a current fix to the problem the Library is facing – it is only a matter of time before some other component breaks down and is in need of emergency repair.  Advantages • The least expensive option. • Minimizes construction time and disruption to the facility. • Minimal effect to the building’s current operation.  Disadvantages • Requires an architectural modification for attic access. • Does not address the age of the chiller system. Option 2 – Replace the Chiller System with a Variable Refrigerant Flow HVAC System Total Cost: $650,000 Due to the age of the chiller and two air handlers, this option opts to remove the chiller system entirely and replace it. Rather than replacing the system in kind with a new chiller system, a Variable Refrigerant Flow (VRF) HVAC system is proposed. A VRF system does not require a centralized air handler and has the advantage of not requiring a large opening on the second floor. Instead, individual ceiling cassette air handlers would be installed locally to each space. These units are individually controlled allowing each space to be set to different temperatures including simultaneous heating and cooling in two adjacent spaces. In place of the exterior chiller, a series of air cooled condensers are proposed.  Advantages • Does not require an architectural modification for attic access. • Will allow zoning within the spaces which is ideal because different spaces will experience different cooling loads. Zoning will allow each zone to control the amount of cooling individually which will benefit the occupants in the space. • VRF system can produce 30-40% energy savings compared to chiller system which can pay back operational costs. • Easy to control. • Service agreements and contracts available  Disadvantages • System requires a certified service technician. • The costliest option Option 3 – Replace the Attic Air Handler with a Variable Refrigerant Flow HVAC System Total Cost: $330,000 6 19 Option 3 is a halfway option between Option 1 and Option 2. It replaces the failing Air Handler in the attic, but doesn’t reattach it to a system that needs to be replaced. Instead, a VRF system as described above is installed on a smaller scale serving the second floor library. The rest of the chiller system can remain and run independently to be replaced at a later date. Out of all three options, this is the only option that would add electrical load to the building because there is a new outside condenser. A further evaluation of the electrical capacity of the building is required prior to design.  Advantages • Does not require an architectural modification for attic access. • Will allow zoning within the spaces which is ideal because different spaces will experience different cooling loads. Zoning will allow each zone to control the amount of cooling individually which will benefit the occupants in the space. • VRF system can produce 30-40% energy savings compared to chiller system which can pay back operational costs. • Easy to control. • Service agreements and contracts available • VRF system can be expanded at a later date.  Disadvantages • System requires a certified service technician. May require a separate service technician for the chiller system. The chiller for this system is located outside of the building on the south side. Like the air handler, it is a Carrier model with a 43-ton capacity. In addition to the air handler in question, this chiller serves multiple other air handlers that in turn serve the south portion of the building. These other air handlers were installed in 2014 and are 9 years old at the time of this report. There have been no issues reported that indicate there are any issues with the chiller’s functionality. However, the chiller is also 15 years old, meaning like the leaking air handler, it is nearing the end of its average life expectancy of 15-20 years. The spaces served by the air handler are supplied cool air through supply grilles in the ceiling. B. OPTIONS CONSIDERED The other option considered for this project but not itemized above is replacing the entire chiller system in kind with a new chiller and chilled water air handlers. The cost to provide access to the attic to locate the air handlers in this space coupled with the fact that chiller systems offer less temperature control made this a costly and ineffective option compared to VRF. While Chillers are still used on large scale projects where spaces have similar setpoints, VRF is the emerging preferred technology for smaller scale multi-use buildings. 7 20 C. COST COMPARISON LSE has prepared preliminary cost estimates of the three options for purposes of budgeting. These estimates are based upon current equipment costs, labor costs, and expected material costs based on previous experience. A more accurate cost estimate should be prepared during design to more accurately gauge the amount of materials used and account for increased costs of equipment. Option 1 – Demolition of the existing air handler 2 in the attic space, duct and piping connections. Provide new mechanical opening in attic. Install new 20 ton air handler and connect to existing ductwork, chilled water, and hydronic system. Total cost – $150,000.00 Option 2 – Demolition of the existing Chiller, 4 existing air handlers, associated VAV boxes, ductwork, air terminals, chiller piping, and hydronic piping. Installation of new Outdoor condensing unit module, 28 indoor cassette units with outside air kits, 28 controllers, 5 Refrigerant Control boxes, associated refrigerant piping and outside air ductwork. Total Cost – $650,000.00 Option 3 - Demolition of the existing air handler 2 in the attic space and associated duct and piping. Installation of new Outdoor condensing unit module, 28 indoor cassette units with outside air kits, 28 controllers, 5 Refrigerant Control boxes, associated refrigerant piping and outside air ductwork. Total Cost – $330,000.00 D. RECOMMENDATIONS LSE recommends that the Village consider heating Option 3 to immediately rectify the faulty air handler with an updated VRF system. In comparison, Option 1 has a lower upfront cost but forces you to maintain the chiller after the completion of construction. Option 2 is recommended if the budget is available. E. NEXT STEPS The Library should review the report to decide what should be done to improve occupancy comfort in the building as well as alleviate current issues. Once reviewed and decide what cooling options to implement, the Library should allocate money from the yearly budget to hire an engineering consulting firm to provide construction documents. 8 21 Dear Local Leader: I am proud to announce the availability of $2.1M of Community Resiliency, Economic Sustainability, and Technology Program (CREST) grants for local governments. As chair of the Environmental Conservation Committee, I will be prioritizing municipal grant applications that support our transition to a fossil fuel-free, clean energy future. Each municipality in the 40th District is eligible for up to $100,000. Examples of eligible projects include: ● Electric vehicles ● EV charging stations ● Renewable energy generation ● Municipal building electrification (heat pumps, geothermal, etc) The historic heat recorded earlier this month and the recent air quality emergencies due to Canadian wildfires are profound examples of the kinds of weather-related emergencies that can affect our communities due to climate change. Even in the absence of these disasters, air quality in our region regularly fails to meet US Environmental Protection Agency standards. Much of this can be attributed to the combustion of fossil fuels for transportation and for the heating of buildings. To protect the health and safety of our constituents, we must take all reasonable steps to minimize the burning of fossil fuels. In addition to the environmental and public health benefits, participating in the energy transition will yield financial gains as well savings on fuel costs. Therefore, I encourage local governments to submit to my office requests for funding, up to $100,000 per municipality, for municipal electrification and renewable energy projects. Grant packets will be distributed by Sarah Perez next week. Her email is Perezs@nysenate.gov and her telephone number is (518) 455 2343. Sincerely, Peter B. Harckham, New York State Senator, 40th Senate District 22