Troy Industrial Development Authority

Board Members Chair Josh Chiappone Justin Nadeau Susan Farrell Vice Chair Elbert Watson Hon. Jim Gulli Stephanie Fitch Latasha Gardner Executive Director Hon. Sue Steele Steven Strichman BOARD OF DIRECTORS MEETING AUGUST 19, 2022 10:00 a.m. I. Approval of Minutes from the July 15, 2022. II. District Geothermal Survey III. Sperry Building Engineering Study IV. Executive Director’s Report V. Financials VI. Adjournment City Hall – 433 River Street, Suite 5001, Troy, New York 12180 Phone: 518.279.7166  Troy Industrial Development Authority July 15, 2022 10:17 AM Regular Board Meeting Present: Justin Nadeau, Latasha Gardner, Elbert Watson, Josh Chiappone, Susan Farrell and Sue Steele. Absent: Jim Gulli and Stephanie Fitch Also in attendance: Steven Strichman, Justin Miller Esq., Matt Jones, Sharon Martin, Deanna Dal D Pos, Ken Crow, Dylan Turek and Denee Zeigler. I. Minutes R The board reviewed the regular board meeting minutes from June 17, 2022. Motion to approve - Susan Farrell T Second - Josh Chiappone Approved - Latasha Gardner abstained AF II. Executive Director Report Downtown Revitalization Initiative (DRI) – The DRI is the $10 Million of state funding awarded to the city for projects located within a predefined project area. There have been several public meetings and surveys ranking the projects by the community. The ranking will be sent to NYS to see which projects would receive funding. The city had several projects on the list, such as Monument Square, Marina North Riverwalk, permanent home for the winter farmers market and the Congress Street gateway. He will send the list to all board members and noted it is also on the DRI website. The winter farmers market, currently in the Atrium, is one of the projects that was added to the list. He advised there is a chance the project that comes before this board to assist with the cost of engineering and stabilization reports. Restore NY – This program is an economic development program that assists with the cost of removing blighted buildings whose cost far exceeds the cost of redevelopment. The Sperry warehouse site is southeast of the jail and currently has portions falling. With the assistance of the Restore NY grant the site could be remediated and there is interest from a specific user. The application is due in October. 1 III. Financials Mr. Jones presented the statement of financial position to the board. He advised that as of June 30, 2022, there is $1,060,231 in assets and $921,893 in cash. He advised no liabilities, leaving a fund balance of $1,060,231. No significant changes. Mr. Jones presented the statement of activity for June and explained there is a surplus of $405,910. Most significant source of revenue was from the admin fee from the Lion Factory building. The largest expense was for accounting fees. Motion to approve the financials as presented - Josh Chiappone Second - Susan Farrell Motion carried IV. Adjournment With no additional business to discuss, the IDA regular board meeting was adjourned at 10:24 a.m. Motion to adjourn – Sue Steele Second - Elbert Watson D Motion carried R T AF 2 To: IDA Board of Directors From: Steven Strichman Date: August 17, 2022 Re: District Geothermal Energy Loop – Survey Following this page, is a 2-page description of a District Energy System In an effort to reduce Troy’s carbon footprint, reduce energy costs, and create a revenue stream for the City, the LDC/City have been working on creating a geothermal energy loop in downtown. We have been potentially awarded a grant that will cover one-third of the cost, and the new Energy Bill signed by the president this week, provides an additional 30% of the costs through a credit which the LDC or the City is eligible for. To move forward with the grant, a survey is needed of the “Well Field” area in Riverfront Park, as well as the location of existing utilities in the ground throughout the project area (bounded by the Hudson, Broadway, and 3rd/River Streets). The survey determines conflicts and clearances for utility work within and around the streets and park. It will also be used to accurately define the well field, and Riverfront Park. Because the City has already engaged LaBella to plan for modifications to Riverfront Park, they are also a part of the Monument Square team, and they have also been pre-approved by the City as a contractor to undertake this work, hiring them for this phase facilitates the project. The IDA is involved because it supports projects we have done in the area, as well as projects we will be undertaking in the near future. District Geothermal Heating & Cooling – Summary Project Description Geothermal heating and cooling is the use of the Earth’s natural thermal energy to heat and cool interior spaces and water. Liquid is pushed through exchangers in a well that heats or cools the fluid before traveling to a building, where air is blown over cooled or heated coils to create warm or cool air. The result is a heating and cooling system very similar to central air. District energy systems are a highly efficient way to heat and cool many buildings along an underground loop using a network of pipes to pump geothermally heated or cooled water to multiple buildings within the district. The City of Troy, the Troy Local Development Corporation (TLDC), CHA and the Siemens Group have partnered to develop one of the first non-campus district geothermal heating and cooling utilities in the country using sub- surface land in Riverfront Park, and restoring all land for use as park after installation. Riverfront Park Loop The project will provide 8,000 sf of snow melt on public spaces along with heating and cooling energy to 20 businesses and 260 residential units located along the loop before returning to the park for recharge. NYSERDA FUNDING The New York State Energy Research and Development Authority (NYSERDA) awarded a $4m for implementation of the Riverfront Park loop in March of 2022 along with funding for a study for a second loop south of the Congress Street Bridge. The loop may be municipally operated in conjunction with the Troy Local Development Corporation, or by the TLDC. City planning staff, Siemens and CHA visited with downtown property owners with buildings that fit criteria potentially making them good district geothermal off-takers. Property owners whose timelines and situations matched our own expressed enthusiasm for becoming customers once the system is built. A range of properties and uses may benefit from our district system. Anticipated Revitalization Benefits • Environmental: o Greatly reduces Troy’s carbon footprint and greenhouse gas emissions. o Improves air quality and public health. o Builds public appreciation for conservation and reaffirms government responsibility. • Social: o Provides households with significant savings on utility bills. o Increases household disposable income o Tremendous potential for direct job creation and workforce training to suit a wide range of skills. • Economic: o Supports tech-sector growth with lower cooling costs and attracts new employers. o Diverts revenue from multinational energy corps to remaining within the community. o Imagine if the profit earned off every utility bill in Troy could be reinvested back into neighborhood projects, services, and improving quality of life? o Or the revenue could be used to reduce the City’s reliance on property taxes over time. o Clean-tech industry will agglomerate around the few locations where systems are first built. Future second Loop: The feasibility for Phase 2 south of Congress Street Bridge is being studied as well. :  AUTHORIZING RESOLUTION District Geothermal Project A regular meeting of the Troy Industrial Development Authority (the “Authority”) was convened on August 19, 2022, at 10:00 a.m., local time, at 433 River Street, Troy, New York 12180. The meeting was called to order by the Chairman and, upon roll being called, the following members of the Authority were: MEMBER PRESENT ABSENT Chair Justin Nadeau Hon. Jim Gulli Hon. Sue Steele Josh Chiappone Susan Farrell Stephanie Fitch Latasha Gardner Elbert Watson Vacant The following persons were ALSO PRESENT: After the meeting had been duly called to order, the Chairman announced that among the purposes of the meeting was to consider and take action on certain matters pertaining to a proposed District Geothermal Project for the benefit of the City of Troy and various Authority projects located in the City’s downtown area. On motion duly made by _________ and seconded by __________, the following resolution was placed before the members of the Troy Industrial Development Authority: MEMBER PRESENT ABSENT Chair Justin Nadeau Hon. Jim Gulli Hon. Sue Steele Josh Chiappone Susan Farrell Stephanie Fitch Latasha Gardner Elbert Watson Vacant Page 1 of 5  Resolution No. ____ RESOLUTION OF THE TROY INDUSTRIAL DEVELOPMENT AUTHORITY (THE “AUTHORITY”) AUTHORIZING THE ENGAGEMENT OF PROFESSIONAL SERVICES TO STUDY AND DESIGN A PROPOSED DISTRICT GEOTHERMAL PROJECT TO BE LOCATED IN THE CITY OF TROY WHEREAS, by Title 11 of Article 8 of the Public Authorities Law of the State of New York, as amended, and Chapter 759 of the Laws of 1967 of the State of New York, as amended (hereinafter collectively called the “Act”), the TROY INDUSTRIAL DEVELOPMENT AUTHORITY (hereinafter called the “Authority”) was created with the authority and power to own, lease and sell property for the purpose of, among other things, acquiring, constructing and equipping civic, industrial, manufacturing and commercial facilities within the City of Troy (the “City”) as authorized by the Act; and WHEREAS, the Authority has undertaken and proposes to undertake several additional qualifying projects in the City’s downtown area (the “Authority Projects”); and WHEREAS, the Authority desires to facilitate continued upgrades and improvements to the Downtown Riverfront area of the City for the benefit of the Authority Projects and overall energy efficiency of the City, its infrastructure and building improvements; and WHEREAS, in furtherance and for the benefit of the Authority Projects, the Authority desires to assist the City and the Troy Local Development Corporation to incentivize future growth in the area through the proposed development of a geo-thermal energy facility (the “Project”); and WHEREAS, in furtherance of the planning, design, engineering and permitting of the Project (the “Feasibility Services”), the Authority desires to (i) engage certain professional services to be provided by LaBella Associates; and (ii) authorize the expenditure of up $50,000 in Authority funds toward the Feasibility Services, including the Scope of Work to be provided by LaBella Associates, which shall not exceed the amount of $30,600. NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE TROY INDUSTRIAL DEVELOPMENT AUTHORITY AS FOLLOWS: Section 1. The Authority hereby finds and determines that: (A) By virtue of the Act, the Authority has been vested with all powers necessary and convenient to carry out and effectuate the purposes and provisions of the Act and to exercise all powers granted to it under the Act; and (B) The Authority has the authority to take the actions contemplated herein under the Act; and Page 2 of 5  (C) The action to be taken by the Authority will directly support and benefit the Authority Projects and otherwise furthering the purposes of the Authority as set forth in the Act; and (D) The Project will not result in the removal of a civic, commercial, industrial, or manufacturing plant of the Company or any other proposed occupant of the Project from one area of the State of New York (the “State”) to another area of the State or result in the abandonment of one or more plants or facilities of the Company or any other proposed occupant of the Project located within the State; and the Authority hereby finds that, based on the Company’s application, to the extent occupants are relocating from one plant or facility to another, the Project is reasonably necessary to discourage the Project occupants from removing such other plant or facility to a location outside the State and/or is reasonably necessary to preserve the competitive position of the Project occupants in their respective industries; and (E) The Authority has identified the undertaking of the Feasibility Services as a “Type II” Action pursuant to the State Environmental Quality Review Act (“SEQRA”), for which no formal review is necessary. Section 2. The Authority hereby authorizes the engagement of LaBella Associates, D.P.C. to provide certain defined components of the Feasibility Services, including Land Surveying Services for a topographic and utility survey for the proposed Geothermal Loop Design pursuant to a form of contract to be approved by the Executive Director and Counsel to the Authority. The Chairman, Vice Chairman, and/or Executive Director/Chief Executive Officer of the Authority are hereby authorized, on behalf of the Authority, to execute, deliver said approved contract, along with related documents. Additional Feasibility Services to be procured and/or paid for from the funds appropriated pursuant to this resolution shall be subject to Authority approval. Section 3. The officers, employees and agents of the Authority are hereby authorized and directed for and in the name and on behalf of the Authority to do all acts and things required and to execute and deliver all such certificates, instruments and documents, to pay all such fees, charges and expenses and to do all such further acts and things as may be necessary or, in the opinion of the officer, employee or agent acting, desirable and proper to effect the purposes of the foregoing resolutions and to cause compliance by the Authority with all of the terms, covenants and provisions of the documents executed for and on behalf of the Authority. Section 4. These Resolutions shall take effect immediately. Page 3 of 5  EXHIBIT A SUPPORTING MATERIALS Page 4 of 5 August 17, 2022 Dylan Turek Director of Economic Development Troy Industrial Development Agency 433 River Street Troy, New York 12180 Re: Proposal for Professional Services RE: Geothermal Corridor Survey, Troy, NY LaBella Proposal # P2201379 Dear Mr. Turek: LaBella Associates, DPC (LaBella) thank you for the opportunity to present this proposal for Professional Land Surveying Services for a topographic and utility survey for the proposed Geothermal Loop Design located in the City of Troy, New York. Project Understanding - Based on your conversation with Andy Rymph, the proposal will include the following: • Field Topographic and Utility survey starting at the intersection of River Street and Broadway, proceeding easterly along Broadway to the intersection of Broadway and 3rd Street, proceeding northerly along 3rd Street and River Street to Front Street. In addition, the survey will include a portion of Fulton Street between 3rd Street and pedestrian overhead walkway and Broadway between 3rd Street and 4th Street. • Integrate prior topographic and utility surveys completed by Chazen for 1 Monument Square and Riverfront Park into the new mapping. • Provide subsurface utility mapping and surface mark out. Agreement Attached please find a copy of LaBella’s Standard Agreement with included technical scope of services. Receipt of an executed copy of this Agreement will be our authorization to schedule the performance of this work. A delay in returning the necessary documents may require modification of the proposed task start and completion dates as described herein. This proposal is valid for 30 days from the date hereof. Please feel free to contact me at (518) 441-0395 if you have any questions whatsoever. LaBella looks forward to working with you on this project. Respectfully submitted, LaBella Associates Bruce G. Wells, PLS Survey Manager  Professional Services Agreement Agreement made the _____ day of ________________, 2022 between LaBella Associates, D.P.C. (“LaBella”) and [Troy Industrial Development Authority] (“Client”) for services related to the following Project: [ Geothermal Corridor Survey] [Broadway, 3rd Street and Fulton Street, Troy, New York] (“Project”) LaBella and Client hereby agree as follows: 1. Description of Services: LaBella shall perform the services set forth and described in LaBella’s proposal, dated August 4, 2022, a copy of which is attached as Exhibit A, in accordance with the terms and conditions of this contract attached as Exhibit B. 2. Compensation for Services: Client shall compensate LaBella for its professional services as set forth in LaBella’s proposal. LaBella shall submit invoices for services rendered on a monthly basis. Client shall make payment to LaBella no later than thirty (30) days after the date of each invoice. 3. Term: LaBella shall commence performing its services when Client gives notice to proceed. This Agreement shall terminate when LaBella’s services are completed, or as otherwise provided in this Agreement. 2 4. Insurance: LaBella shall maintain, at its own expense, throughout the term of this Agreement and until the expiration of all applicable statutes of limitation, the following insurance coverages: • Comprehensive general liability insurance with policy limits of not less than $1,000,000 each occurrence and $2,000,000 in the aggregate for bodily injury and property damage; • Automobile liability insurance covering owned, non-owned, rented and hired vehicles operated by LaBella with policy limits of not less than $1,000,000 combined single limit and aggregate for bodily injury and property damage; • Umbrella liability insurance with policy limits of not less than $10,000,000 each occurrence and $10,000,000 in the aggregate; • Worker’s compensation insurance at statutory limits and employer’s liability insurance with a policy limit of not less than $1,000,000 for all employees engaged in the rendering of professional services under this Agreement; and • Professional liability insurance with policy limits of not less than $5,000,000 per claim and $5,000,000 in the aggregate. Client, along with the City of Troy, New York (the “City”) and Troy Local Development Corporation (“TLDC”) shall be named as an additional insured on a primary and non-contributory basis under the CGL, Automobile and Umbrella insurance policies. LaBella shall provide to the Client certificates of insurance evidencing compliance with the requirements of this Agreement. The certificates shall contain a provision that at least thirty (30) days prior written notice shall be given to Client in the event of cancellation, non-renewal, or reduction of the insurance. 5. Indemnification: To the fullest extent permitted by law, LaBella shall indemnify and hold the Client, City and TLDC and their officers and employees harmless from and against liabilities, damages, losses and judgments, including reasonable attorneys’ fees and expenses recoverable under applicable law, but only to the extent they are caused by the negligent acts or omissions of LaBella, its employees and its consultants in the performance of professional services under this Agreement. LaBella Associates, D.P.C. Troy Industrial Development Authority By: By: Name Name Title Title Date: Date 3  Exhibit A LaBella’s Proposal 4  Exhibit A Phase 01 – Topographic and Utility Survey Scope – LaBella will complete a topographic and utility survey of approximately 1,800 Lineal Feet as outlined in blue. The Horizontal datum will be based on New York State Plane Coordinates (NAD83) and the vertical datum will be based on NAVD 88 as observed from GPS observations. A minimum of 2 permanent site benchmarks will be established. Topographic survey will include structures visible at ground surface, roads, curbs, drives, buildings and visible utilities. Underground utilities will be shown to the extent possible based on surface evidence and maps of record. LaBella will attempt to contact public utility owners and obtain existing underground utility locations within the project area. This coordination will be facilitated through the appropriate “One Call” center requesting “design mark out”. However, we are increasingly finding that some utility companies will not perform mark out for design surveys. Therefore, we have provided a separate scope for our in-house Subsurface Utility Designation within the limits of the survey. Invert elevations will be determined based on measurements taken from the surface without entering the structure. Utilities will be shown in accordance with CI/ASCE 38-02, “Standard Guidelines for the collection and depiction of existing subsurface utility data”, Quality Levels “C” and “D”. The highway right of way line for the City Streets within the project area will be shown approximately based on the best available record mapping and tax maps, positioned in conjunction with found property line evidence. Phase 02 – Suggested - Subsurface Utility Designating and Survey For underground utilities that do not have surface features, mapping is not available, and the locations of underground utilities are critical, LaBella will perform electromagnetic utility designation within accessible areas of the project limits in an attempt to determine the existence and approximate position of detectable subsurface utilities. All utility designation will be in compliance with Quality Level “B” as defined by CI/ASCE 38-02, Standard Guidelines for the Collection and Depiction of Existing Subsurface Utility Data. Any utilities not detected by surface geophysical methods and discovered through record information or where visually aligned with structures, will be defined as Quality Level “C” and “D”. Standard Procedures – Designating - A LaBella SUE technician(s) will utilize a suite of utility locating instruments having differing frequencies and power settings to detect and follow locatable utility systems within the project site. The instruments will have the ability to provide passive signal detection, as well as active signal application by induction, direct connecting and inductive clamping. 5 The utility designations will be targeted for survey by painting the approximate centerlines on the ground surfaces at reasonable distances. Flags may also be installed as needed. Paint and flags will be in accordance with the APWA uniform color code guidelines where allowed. Limitations - This service will be provided with due diligence and in a manner consistent with standards of the subsurface utility mapping industry. Every reasonable effort will be made to locate all systems of interest whether indicated on records available to us or not. However, we do not guarantee that all existing utility systems can or will be detected. It may not be possible to detect utilities without prior knowledge, such as systems that are not depicted on records made available to us. Further, this service is not intended to detect non-utility structures such as, but not limited to: foundations, irrigation systems, septic systems, wells, tunnels, concrete or metal structures, or the true size and limits of subsurface utility vaults and manholes. Use of this service does not relieve interested parties from their responsibility to make required notifications prior to excavation. Marking services will reflect interpretation of electronic data collaborated with record and visual indications. Professional judgment will be used to reflect the underground utilities with the intended utmost accuracy and comprehensiveness. The results may be affected by numerous site conditions, including but not limited to utility materials, joint types, fittings, density of underground utilities, interference with above ground conductors and soil characteristics. Underground conduits or utilities constructed of non-metallic or non-electrically conductive materials without a tracer wire may not be detectable by any means short of physically exposing them. There is no guarantee that all facilities can be found and shown. The utility designating service as per ASCE 38-02 QL-B is intended to allow for fairly accurate and comprehensive mapping of underground utilities, active and abandoned, when the utilities can be electronically detected or known about from record or verbal recollections. The intent of the mark out and survey is to delineate the centerline of pipes or one single cable. When marking multiple cables or cables within duct systems, marking may be the result of the location of any cable within the system or an average electromagnetic field from a group of cables. The service is not intended to provide engineering grade data about a utility or to provide corridor marking for plant protection of a utility. Additional work would be needed by LaBella to acquire exact size, location and material of underground utilities, as well as to mark the actual width of a utility to ascertain clearance during mechanical excavation or for structure design purposes. Mapping of sanitary and storm sewers is typically performed at quality level (QL) C. When lines can be proven to be on straight line between manhole and / or other types of gravity structures, the line will be correlated with record information and shown at QL C. When needed, a fish tape or traceable duct rodder will be inserted into pipes to detect and follow the piping. Insertion of the tape/ rodder will only be attempted from the ground surface without entering the manhole. Piping detected in this fashion will be mapped at QL B. Obstructions may limit the distance the fish tape or rodder can travel; therefore, preventing further mapping of the pipe. The location of the obstruction will be noted with an EOI (end of information) at that point. Sewer inspection with a camera or excavation may be needed to further investigate the piping. Sewer camera inspection is excluded from the scope of this proposal. There is no intent to perform a full coverage grid sweep of the project with Ground Penetrating Radar (GPR). GPR will be used in a targeted approach on the project where thought to be beneficial to supplement electromagnetic utility locating instruments. 6 It should be noted that the metal-detector cannot be used over reinforced concrete or in the immediate vicinity (no less than 8-feet) of above ground metallic objects such as chain-link fences and vehicles. The mark out does not include the provision of any depth information for the utilities. If determined during design development that depths of utilities are critical, LaBella would recommend the use of air/ vacuum test holes and would provide an additional service proposal for this service. Deliverables: LaBella will prepare an existing conditions base survey demonstrating the topography and utilities within the project area. Mapping will be completed in AutoCAD Civil 3D format. The existing conditions base map will have a Border with Title Block, Name of Surveyor, Map Notes and References, Legend and Site Location Map. Deliverables will be a PDF copy of signed and sealed map and an AutoCAD Civil 3D file. Client Responsibilities – It is the client’s responsibility to supply LaBella with any maps, record or unrecorded information that will assist in the survey and subsurface utility mark out. Schedule – LaBella is prepared to begin work upon authorization. It is expected that the final mapping would be available for delivery approximately 7 - 8 weeks from authorization to proceed. In the event that we are obstructed or delayed by inclement weather, then the time therein shall be extended for a period of time equivalent to the time lost. Assumptions and Limitations- Cost itemized herein are for those tasks specifically mentioned and do not include the following: • Electronic copies of LaBella’s drawings are not considered certified deliverables. Only copies with the original signature and seal of the certifying professional are true certified deliverables. Distribution of electronic copies are made at the sole discretion of LaBella. Additional fees may apply when electronic copies are provided. • LaBella remains the owner of all survey notes, electronic files, computations, maps and drawings produced in connection with this work. • Does not include a boundary survey. • Does not include subsurface vault locations where they are not visible from the surface and does not include interior vault dimensions or depths of vaults. • Fees are understood not to be based on the current New York State Department of Labor Prevailing Wage Rates and Supplemental Benefits for survey field staff. • Does not include Elevation Certificates. Professional Services Fee Schedule LaBella proposes to bill each task as indicated in the following Fee and Time Schedule Summary. Invoices will be issued monthly for all services performed during that month and are payable upon receipt. Lump Sum tasks will be billed commensurately with the percentage of the task which has been completed. LaBella will make its best effort to complete each of these tasks within the estimated amounts, however it is possible that it will be necessary to exceed these amounts in order to complete the scope of services for each task. We will not exceed any estimated fee amounts without written authorization from you. 7 Fee and Time Schedule Summary Phase Fee Estimate Proposed Schedules Phase No. Phase Description Lump Sum Fee Bill Projected Start / End Dates Start: Upon Authorization 01 Topographic and Utility $16,200 Complete: 7 - 8 weeks Survey Start: Upon Authorization 02 Subsurface Utility Mark $14,400 Out and Location Complete: 7 - 8 weeks Maximum Authorized $30,600 Cost 8  Exhibit B Terms and Conditions 9  Exhibit B Terms and Conditions LaBella’s Responsibilities: LaBella shall designate a representative authorized to act on its behalf with respect to the Project. All notices required under this Agreement shall be given to that representative. LaBella shall perform its services consistent with the professional skill and care ordinarily provided by members of the same profession practicing in the same or similar locality under the same or similar circumstances. LaBella shall perform its services as expeditiously as is consistent with such professional skill and care, and the orderly progress of the Project. LaBella shall comply with all applicable federal, state, and local laws and regulations in effect during the term of this Agreement. LaBella shall promptly inform Client of any changes to any laws and regulations that LaBella reasonably believes will have a material effect upon the cost of the Project, or the scope of LaBella’s services. In such event, Client and LaBella shall re-negotiate the terms of this Agreement, and if unable to do so, then either party may terminate this Agreement without cause and without penalty or liability to the other party. Client’s Responsibilities: Client shall designate a representative authorized to act on its behalf with respect to the Project. All notices required under this Agreement shall be given to that representative. Client shall provide LaBella with all available information regarding the Project necessary for LaBella to perform its professional services, including Client’s requirements for the Project. Client also shall provide information regarding the Project site and any existing facilities, including destructive testing and investigation of concealed conditions and hazardous substances, in a timely manner. If Client does not perform destructive testing or investigation, nor provide information beyond that which is apparent by non-intrusive observations, or in the event documentation or information furnished by Client is inaccurate or incomplete, then any resulting damages, losses and expenses, including the cost of LaBella’s changes in service or additional services, shall be borne by Client. Client shall examine documents submitted by LaBella and render decisions pertaining thereto promptly to avoid unreasonable delay in the progress of LaBella’s services. Additional Services: LaBella may provide additional services after execution of this Agreement without invalidating the Agreement. LaBella shall not proceed to provide any additional services, unless and until LaBella receives written direction from Client. Client shall compensate LaBella for additional services as set forth in LaBella’s proposal, or as agreed upon in writing signed by both parties. Assignment: Neither party may assign any benefit or obligation under this Agreement without the prior written consent of the other party, except LaBella may use the services of persons and entities not in LaBella’s employ when appropriate and customary to do so. 10 Confidentiality: During the Project, confidential and/or proprietary information of the Client might be furnished to LaBella. LaBella shall use such information for the purpose of providing its professional services on the Project, and for no other purpose. LaBella shall hold such information in strict confidence, and shall not disclose such information to any person or entity, except sub- consultants engaged on the Project. Upon completion of its services, LaBella shall return or destroy all confidential and/or proprietary information to the Client. Instruments of Service: All documents prepared or furnished by LaBella pursuant to this Agreement are instruments of professional service, and LaBella shall retain its ownership and property interest therein, including all copyrights. Upon payment for services rendered, LaBella grants Client a license to use the instruments of service for the purposes of constructing, occupying and maintaining the Project. Reuse or modification of any such documents by Client without LaBella’s written permission shall be at Client’s sole risk, and Client agrees to defend, indemnify, and hold LaBella harmless from all claims, damages and expenses, including attorneys’ fees, arising out of such reuse by Client or by others acting through Client. Escalation: In the event the term of this Agreement is extended beyond the period of service set forth in LaBella’s proposal, then compensation for professional services are subject to review and escalation by LaBella upon thirty (30) days written notice to Client. Suspension: Client may suspend this Agreement in whole or in part at any time for convenience upon seven (7) days written notice. Upon receipt of notice, LaBella shall immediately discontinue all services. LaBella shall be entitled to compensation for all services rendered up to the date of suspension. If the suspension exceeds three (3) months, an equitable adjustment in compensation shall be negotiated to compensate LaBella for all reasonable costs incurred by LaBella on account of the suspension of the Project. Termination: Either party may terminate this Agreement for cause upon seven (7) days written notice with an opportunity to cure any default during that period. Disputes: The parties agree that mediation before a mutually agreeable neutral third party shall be a condition precedent to any legal action arising out of this Agreement, unless waived in writing by the parties. The cost of the mediation shall be borne equally by the parties. The mediation shall be conducted in accordance with the Construction Industry Mediation Rules of the American Arbitration Association, unless the parties agree otherwise. No demand for mediation shall be made after the date that the applicable statute of limitations would bar a legal or equitable action based on the claim or dispute. Venue and Jurisdiction: Any legal suit, action or proceeding arising out of or relating to this agreement shall be instituted in a court of competent jurisdiction located in the state and county where the project is located. The parties hereby waive any objection which they may have now or hereafter to the venue of any such suit, action or proceeding, and also hereby irrevocably consent to the personal jurisdiction of any such court in any such suit, action or proceeding. Choice of Law: This Agreement shall be interpreted, construed and enforced in accordance with 11 the laws of the state where the project is located without giving effect or reference to any conflict of laws provisions. Consequential Damages: In any suit, action or proceeding, the parties shall be entitled to recover compensatory damages incurred as a result of the breach of this Agreement, but neither party shall be liable to the other for any special, indirect, or consequential damages. Late Fees, Costs and Attorneys’ Fees: An additional charge of 1.5% of an invoice will be imposed each month on all past due accounts. Imposition of such charges does not constitute an extension of the payment due date. In the event that LaBella must bring suit to collect payment of any invoices, then Client agrees to pay LaBella’s costs and expenses, including reasonable attorneys’ fees. Remedies Cumulative: The rights and remedies available to a party under this Agreement are cumulative and in addition to, not exclusive of, or in substitution for, any other rights or remedies either party may have at law, or in equity, or under this Agreement. Nothing contained in this Agreement shall be deemed to preclude either party from seeking injunctive relief, if necessary, in order to prevent the other party from willfully or intentionally breaching its obligations under this Agreement or to compel the other party to perform its obligations hereunder. Non-Waiver: Failure by either party at any time to require performance by the other party or to claim a breach of any provision of this Agreement will not be construed as a waiver of any right accruing under this Agreement, nor affect any subsequent breach, nor affect the effectiveness of this Agreement or any part hereof, nor prejudice either party as regards any subsequent action. Force Majeure: Neither party to this Agreement shall be liable to the other for delays in performing the obligations called for by this Agreement, or the direct and indirect costs resulting from such delays, that are caused by labor strikes, riots, war, acts of government authorities other than the Client (if a governmental authority), extraordinary weather conditions, epidemics, pandemics or other natural catastrophe, or any other cause beyond the reasonable control or contemplation of either party. Severability: The provisions of this Agreement are hereby agreed and declared to be severable. Any term or provision of this Agreement which is held to be unenforceable by a court of competent jurisdiction shall be deemed to have been stricken from this Agreement, and the remaining terms and provisions of this Agreement shall be construed and enforced without such terms or provisions. Counterparts: This Agreement may be executed in one or more counterparts, each one of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Scope of Agreement: This Agreement represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations or agreements, either written or oral, except that terms specific to future projects shall be set forth in LaBella’s proposals. This Agreement may be amended only by written instrument signed by both parties. 12  SECRETARY'S CERTIFICATION STATE OF NEW YORK ) COUNTY OF RENSSELAER ) I, ______________________, the undersigned, ____________________ of the Troy Industrial Development Authority (the “Authority”), do hereby certify that I have compared the foregoing extract of the minutes of the meeting of the members of the Authority, including the Resolution contained therein, held on July 19, 2019, with the original thereof on file in my office, and that the same is a true and correct copy of said original and of such Resolution set forth therein and of the whole of said original so far as the same relates to the subject matters therein referred to. I FURTHER CERTIFY that (A) all members of the Authority had due notice of said meeting; (B) said meeting was in all respects duly held; (C) pursuant to Article 7 of the Public Officers Law (the “Open Meetings Law”), said meeting was open to the general public, and due notice of the time and place of said meeting was duly given in accordance with such Open Meetings Law; and (D) there was a quorum of the members of the Authority present throughout said meeting. I FURTHER CERTIFY that, as of the date hereof, the attached Resolution is in full force and effect and has not been amended, repealed or rescinded. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Authority this ____ day of __________, 2019. ______________________________ (SEAL) Page 5 of 5  AUTHORIZING RESOLUTION Sperry Warehouse Redevelopment Project A regular meeting of the Troy Industrial Development Authority (the “Authority”) was convened on August 19, 2022, at 10:00 a.m., local time, at 433 River Street, Troy, New York 12180. The meeting was called to order by the Chairman and, upon roll being called, the following members of the Authority were: MEMBER PRESENT ABSENT Chair Justin Nadeau Hon. Jim Gulli Hon. Sue Steele Josh Chiappone Susan Farrell Stephanie Fitch Latasha Gardner Elbert Watson Vacant The following persons were ALSO PRESENT: After the meeting had been duly called to order, the Chairman announced that among the purposes of the meeting was to consider and take action on certain matters pertaining to the Sperry Warehouse Redevelopment Project being led by the City of Troy and TLDC. On motion duly made by _________ and seconded by __________, the following resolution was placed before the members of the Troy Industrial Development Authority: MEMBER PRESENT ABSENT Chair Justin Nadeau Hon. Jim Gulli Hon. Sue Steele Josh Chiappone Susan Farrell Stephanie Fitch Latasha Gardner Elbert Watson Vacant Resolution No. ____ Page 1 of 5  RESOLUTION OF THE TROY INDUSTRIAL DEVELOPMENT AUTHORITY (THE “AUTHORITY”) AUTHORIZING THE ENGAGEMENT OF PROFESSIONAL SERVICES TO STUDY AND DESIGN THE PROPOSED REDEVELOPMENT OF CERTAIN PARCELS OF LAND KNOWN AS THE “SPERRY WAREHOUSE” IN THE CITY OF TROY WHEREAS, by Title 11 of Article 8 of the Public Authorities Law of the State of New York, as amended, and Chapter 759 of the Laws of 1967 of the State of New York, as amended (hereinafter collectively called the “Act”), the TROY INDUSTRIAL DEVELOPMENT AUTHORITY (hereinafter called the “Authority”) was created with the authority and power to own, lease and sell property for the purpose of, among other things, acquiring, constructing and equipping civic, industrial, manufacturing and commercial facilities within the City of Troy (the “City”) as authorized by the Act; and WHEREAS, the Authority has undertaken and proposes to undertake several additional qualifying projects in the City’s Southern industrial areas (the “Authority Projects”); and WHEREAS, the Authority desires to facilitate continued upgrades and improvements to the Southern industrial area of the City for the benefit of the Authority Projects and overall redevelopment of blighted and underutilized areas of the City, its infrastructure and building improvements; and WHEREAS, the City owns two parcels of land with blighted improvements located in the area of Main Street and identified as tax parcels 111.67-1-1 and 2 (collectively, the “Sperry Warehouse”), and has authorized the surplus of same to Troy Local Development Corporation (“TLDC”) for remediation and redevelopment purposes; and WHEREAS, the Authority desires to assist with and contribute to the TLDC-led undertaking of redevelopment efforts to establish the Sperry Warehouse as a “shovel ready” site for productive qualifying use, all in furtherance of the purposes and missions of the Authority and TLDC; and WHEREAS, in furtherance of the foregoing, the Authority desires to engage certain professional services to assist with the surveying, studying, testing and other studies of the Sperry Warehouse to facilitate the remediation and redevelopment of same (the “Feasibility Services”), including (i) the engagement of certain professional services to be provided by CHA; and (ii) authorize the expenditure of up $236,980 in Authority funds toward the Feasibility Services, including the Scope of Work to be provided by CHA, which shall not exceed the amount of $ 236,980.00. NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE TROY INDUSTRIAL DEVELOPMENT AUTHORITY AS FOLLOWS: Section 1. The Authority hereby finds and determines that: Page 2 of 5  (A) By virtue of the Act, the Authority has been vested with all powers necessary and convenient to carry out and effectuate the purposes and provisions of the Act and to exercise all powers granted to it under the Act; and (B) The Authority has the authority to take the actions contemplated herein under the Act; and (C) The action to be taken by the Authority will directly support and benefit the Authority Projects and otherwise furthering the purposes of the Authority as set forth in the Act; and (D) The Project will not result in the removal of a civic, commercial, industrial, or manufacturing plant of the Company or any other proposed occupant of the Project from one area of the State of New York (the “State”) to another area of the State or result in the abandonment of one or more plants or facilities of the Company or any other proposed occupant of the Project located within the State; and the Authority hereby finds that, based on the Company’s application, to the extent occupants are relocating from one plant or facility to another, the Project is reasonably necessary to discourage the Project occupants from removing such other plant or facility to a location outside the State and/or is reasonably necessary to preserve the competitive position of the Project occupants in their respective industries; and (E) The Authority has identified the undertaking of the Feasibility Services as a “Type II” Action pursuant to the State Environmental Quality Review Act (“SEQRA”), for which no formal review is necessary. Section 2. The Authority hereby authorizes the engagement of CHA to provide certain defined components of the Feasibility Services, including Topographic survey, Geothechnical Investigation, NYSDEC Coordination and Work Plan, Building Inspection and Condition Assessment with Pre-Demolition Hazmat Survey, Site Utility Investigation, and Site Plan pursuant to a form of contract to be approved by the Executive Director and Counsel to the Authority. The Chairman, Vice Chairman, and/or Executive Director/Chief Executive Officer of the Authority are hereby authorized, on behalf of the Authority, to execute, deliver said approved contract, along with related documents. Additional Feasibility Services to be procured and/or paid for from the funds appropriated pursuant to this resolution shall be subject to Authority approval. Section 3. The officers, employees and agents of the Authority are hereby authorized and directed for and in the name and on behalf of the Authority to do all acts and things required and to execute and deliver all such certificates, instruments and documents, to pay all such fees, charges and expenses and to do all such further acts and things as may be necessary or, in the opinion of the officer, employee or agent acting, desirable and proper to effect the purposes of the foregoing resolutions and to cause compliance by the Authority with all of the terms, covenants and provisions of the documents executed for and on behalf of the Authority. Section 4. These Resolutions shall take effect immediately. Page 3 of 5  EXHIBIT A SUPPORTING MATERIALS Page 4 of 5  SECRETARY'S CERTIFICATION STATE OF NEW YORK ) COUNTY OF RENSSELAER ) I, ______________________, the undersigned, ____________________ of the Troy Industrial Development Authority (the “Authority”), do hereby certify that I have compared the foregoing extract of the minutes of the meeting of the members of the Authority, including the Resolution contained therein, held on August 19, 2022, with the original thereof on file in my office, and that the same is a true and correct copy of said original and of such Resolution set forth therein and of the whole of said original so far as the same relates to the subject matters therein referred to. I FURTHER CERTIFY that (A) all members of the Authority had due notice of said meeting; (B) said meeting was in all respects duly held; (C) pursuant to Article 7 of the Public Officers Law (the “Open Meetings Law”), said meeting was open to the general public, and due notice of the time and place of said meeting was duly given in accordance with such Open Meetings Law; and (D) there was a quorum of the members of the Authority present throughout said meeting. I FURTHER CERTIFY that, as of the date hereof, the attached Resolution is in full force and effect and has not been amended, repealed or rescinded. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Authority this ____ day of August, 2022. ______________________________ (SEAL) Page 5 of 5  March 16, 2022 Mr. Dylan Turek Troy Industrial Development Authority 433 River Street Suite 5001 Troy, NY 12180 RE: Proposal: City of Troy, Sperry Warehouse Site Make Ready CHA Proposal No. X75962-P1 Dear Mr. Turek: CHA Consulting, Inc. (CHA) is pleased to submit this proposal to the City of Troy, NY for design services associated with making the old Sperry Warehouse site ready for new development. Our team has collaborated in several rounds of discussion regarding this site and its intended future use, and we are excited for the opportunity to support these redevelopment initiatives. Outlined below is our project understanding, proposed scope of work, assumptions, and fees to complete the project. PROJECT UNDERSTANDING The City of Troy is interested in redeveloping the current Sperry Warehouse site on King Road, Troy NY. The purpose of this project is to have a clear scope of work for the construction necessary to prepare a pad ready site for future development. The site currently contains dilapidated buildings that are in various states of disrepair. A complete inspection of these structures will be conducted to see if they can be economically salvaged. For the purpose of this proposal, CHA has assumed that these buildings will need to be demolished. If during the design it is determined that parts of the structure can be saved, we will prepare a cost matrix for the needed repairs and will submit to the City for direction. This site was used for several industrial uses in the past. CHA prepared a study in 2009 investigating the presence of contaminants in the soils and groundwater. Several contaminants were found in various locations around the site. The recommended option for control of these contaminants was to locally remove the soil in the worst contaminant areas, add a layer of soil over the site, and perform groundwater testing into the future to ensure that the contaminants are not moving off the site. This proposal includes the additional design necessary to implement this strategy. An additional desire for this project is to implement energy savings options for the future site redevelopment. For this proposal, we will provide additional geotechnical borings to locate rock and determine contamination levels at greater depths. We will extend the soils investigation to an additional adjacent parcel of property as an option for possible geothermal system implementation. Mr. Dylan Turek 2 March 17, 2022 We propose to complete the following tasks which will be required to bring the site to a pad ready state: 1. Property, Utility and Topographic Survey 2. Geotechnical Investigation 3. Site Remediation Design 4. Building Inspection (demolition design) 5. Site Utility Investigation (water, wastewater, power, NG) 6. Proposed Site Layout SCOPE OF WORK Task 1. Property, Utility and Topographic Survey CHA will subcontract with LaBella Associates for the completion of the following survey services. See Attachment A for Survey Mapping limits. A. Boundary Survey LaBella will complete a boundary survey of tax parcels 111.59-1-3, 111.67-1-1, 111.67- 1-2 and 111.67-1-3 in the City of Troy. All surveying will be completed in accordance with the “Code of Practice” as adopted by the New York State Association of Professional Land Surveyors. The survey will demonstrate the location and description of property boundaries, site improvements, easements, and rights of way of record. LaBella will complete research which is normal to the completion of surveys completed under the above referenced code. B. Surface Utility Survey Underground utilities will be shown to the extent possible based on surface evidence and maps of record. LaBella will attempt to contact public utility owners and obtain existing underground utility locations within the project area. This coordination will be facilitated through the appropriate “One Call” center requesting “design mark out”. Invert elevations will be determined based on measurements taken from the surface without entering the structure. Utilities will be shown in accordance with CI/ASCE 38- 02, “Standard Guidelines for the collection and depiction of existing subsurface utility data”, Quality Levels “C” and “D”. For underground utilities that do not have surface features, mapping is not available, and the locations of underground utilities are critical, LaBella will perform electromagnetic utility designation within accessible areas of the project limits to determine the existence and approximate position of detectable subsurface utilities. All utility designation will be in compliance with Quality Level “B” as defined by CI/ASCE 38-02, Standard Guidelines for the Collection and Depiction of Existing Subsurface Utility Data. Any utilities not detected by surface geophysical methods and Boundary and Mark Out discovered through record information or where visually aligned with structures, will be defined as Quality Level “C” and “D”. Mr. Dylan Turek 3 March 17, 2022 A LaBella SUE technician(s) will utilize a suite of utility locating instruments having differing frequencies and power settings to detect and follow locatable utility systems within the project site. The instruments will have the ability to provide passive signal detection, as well as active signal application by induction, direct connecting, and inductive clamping. The utility designations will be targeted for survey by painting the approximate centerlines on the ground surfaces at reasonable distances. Flags may also be installed as needed. Paint and flags will be in accordance with the APWA uniform color code guidelines where allowed. C. Topographic Survey LaBella will complete a topographic and utility survey within the area outlined in red (Attachment A). The Horizontal datum will be based on New York State Plane Coordinates (NAD83) and the vertical datum will be based on NAVD 88 as observed from GPS observations. A minimum of 2 permanent site benchmarks will be established. Topographic survey will include structures visible at ground surface, roads, curbs, drives, edge of woods, buildings, and visible utilities. Deliverable: LaBella will prepare an existing conditions base survey demonstrating the topography and utilities within the project area. Mapping will be completed in AutoCAD Civil 3D format. The existing conditions base map will have a Border with Title Block, Name of Surveyor, Map Notes and References, Legend and Site Location Map. Deliverables will be a PDF copy of signed and sealed map and an AutoCAD Civil 3D file. Task 2 Geotechnical Investigation Provide a geotechnical engineer to coordinate and manage a subsurface exploration with a drilling subcontractor retained by CHA. A. Coordinate and manage a preliminary geotechnical exploration for the project. B. Perform a site visit to identify access constraints and to locate and mark borings on-site for the prior to the DigSafely NY call. C. Subcontract a qualified drilling firm to perform a preliminary geotechnical exploration. The exploration will consist of six (6) borings advanced to estimated depths of 50 feet or refusal. The drilling contractor will make a utility clearance call through DigSafely NY prior to beginning work. Borings will be performed in accordance with current applicable ASTM standards. Standard Penetration Testing (SPT) and split-spoon soil sampling will generally be performed at 5-foot intervals. The boreholes will be backfilled with the soil cuttings. The drilling contractor will setup a temporary decontamination pad onsite, wash drill tooling and samplers between boreholes, and containerize the wash water in drums. D. Oversee the borings onsite. A geotechnical engineer will prepare field logs, measure groundwater levels, and coordinate with the geotechnical project manager for adjusting the exploration in the field as necessary. E. Prepare a preliminary geotechnical engineering report for the proposed redevelopment that includes the following items: 1. Site and project description. Mr. Dylan Turek 4 March 17, 2022 2. A description of the subsurface exploration. 3. A description of the in-situ subsurface and geologic conditions including groundwater observations. 4. Subsurface logs and a boring location plan. 5. Preliminary geotechnical design recommendations including the following: a. Feasible foundation types including applicable ground improvement and deep foundation alternatives with corresponding design parameters. b. Seismic site classification. c. Earthwork considerations including subgrade preparation, groundwater control, and engineered fill requirements. Task 3 Site Remediation Design A. Regulatory Coordination Work completed at the site previously included a subsurface investigation and the preparation of a Remedial Analysis of Brownfield Cleanup Alternatives for the property. These activities were completed under a USEPA Brownfield Cooperative Agreement with the City of Troy. No additional work at the site has been performed since completion of the brownfield investigation and assessment activities. To advance the project site remedy and obtain the necessary regulatory approvals, CHA will coordinate the remedial efforts with the New York State Department of Environmental Conservation (NYSDEC). CHA will work with the City and the NYSDEC to address the outstanding environmental concerns in an efficient and effective manner. We will need the NYSDEC’s involvement and ultimately the Department’s approval of the proposed remedy and proposed end use of the site. As part of this task, CHA will meet with the NYSDEC to coordinate their review of existing site documentation and discuss the approach to formally selecting a remedy for the property. B. Remedial Design Based on the findings of the previously completed site investigation, the site is impacted by low level contamination that is typical of former industrial historic fill sites. It is CHA’s opinion that the impacts do not pose a significant threat to human health or the environment provided that the soils at the site are properly managed when disturbed and that the direct human exposure potential is minimized. Based on the previously completed remedial alternatives analysis, the recommended remedy for the site was a one-foot soil cover as well as some targeted excavation where there may be some residual petroleum impacts. While this remedial approach is considered by CHA to be the most likely remedy for the site, the NYSDEC will ultimately be required to provide their approval of the remedy and ultimately the design. However, for the purpose of this proposal, we have assumed that a one-foot soil cover and targeted excavation will be the presumptive remedy for planning purposes. Depending on the initial outreach with NYSDEC regarding the project requirements, additional work may be required by the Department, and this would be discussed with the City following the initial coordination with NYSDEC. At a minimum, we anticipate that the NYSDEC will require the preparation and approval of a Remedial Action Work Plan, the scope of which we have outlined as follows. Mr. Dylan Turek 5 March 17, 2022 Remedial Action Work Plan CHA, on behalf of the City of Troy, will develop a Work Plan that will adhere to the New York State Department of Environmental Conservation (NYSDEC) DER-10 Technical Guidance for Site Investigation and Remediation. The Work Plan will include the development of a Health and Safety Plan (HASP) and Community Air Monitoring Plan (CAMP) and will be submitted to the NYSDEC for approval associated with site remedial activities. In summary, this document will include: 1. A brief site history, geological conditions, contaminants of concern, etc. 2. Project notification requirements and key contact information for the project. 3. Proposed site controls (e.g., work zone security, dust control, etc.). 4. Waste characterization/profiling for soil to be disposed of off-site. 5. Requirements for excavation, handling, and disposal of contaminated materials. 6. Requirements for imported fill and final restoration. 7. Requirements for management of construction-derived fluids (e.g., wash water from decontamination). 8. HASP and CAMP (included as appendices to the Work Plan). 9. Final reporting requirements. CHA has included costs for addressing comments from both the City and the NYSDEC on the draft Remedial Action Work Plan (RAWP). Task 4 Building Inspection and Condition Assessment A. Site Inspection: A team of CHA structural and environmental engineers will conduct a visual inspection of the site structures and document existing conditions. B. CHA will prepare a narrative report that will contain: 1. Basic Description of the Buildings 2. Structural Condition assessment 3. Recommendation on whether to demolish or save the site structures. C. Prepare demolition drawings and specifications D. Prepare a demolition sequence (if required) E. Asbestos-Containing Materials (ACM) Survey 1. CHA will provide two (2) New York State Department of Labor (NYSDOL) certified asbestos building inspectors, who will be responsible for the identification and assessment of the condition, location and quantity of suspect asbestos-containing materials (ACM) relative to the three (3) buildings and one (1) building material debris pile on the project site. 2. The inspectors will review all available as-built drawings for the subject buildings as well as any previously completed asbestos inspections. 3. The inspectors will record and collect bulk samples of identified suspect asbestos-containing material following the protocols referenced in 40 CFR Part 763.86 Subpart E (AHERA) and transmit the samples under proper chain of custody protocols, to an ELAP-licensed laboratory for analysis. Mr. Dylan Turek 6 March 17, 2022 F. Lead-Based Paint (LBP) Survey 1. Representative paint chip samples will be collected from the accessible interior and exterior portions of the subject buildings. The paint chip samples will be analyzed by Flame AAS method to determine the percentage of lead by weight in the sample. G. PCB in Caulk Survey 1. CHA will perform an inspection for the presence of caulks and sealants suspected to contain PCBs throughout the accessible interior and exterior portions of the subject buildings. Documentation of the locations and quantity of suspect caulks and sealants will be made. 2. The inspector will record and collect bulk samples of identified suspect caulks and sealants. The samples will be analyzed for PCB content by a New York State Department of Health Environmental Laboratory Approval Program accredited laboratory. H. Pre-Demolition Hazardous Materials Survey Report 1. One Pre-Demolition Hazardous Materials Survey Report will be prepared for the site that will include a summary of findings with regard to ACMs, LBPs, and PCBs, sample location plans, material quantities, analytical reports, and recommendations. I. Hazardous Materials Abatement Design Services 1. CHA will develop abatement design plans and technical specifications for the proper removal and disposal of all hazardous building materials identified in Task 1 of this proposal. 2. CHA will provide design deliverables at each milestone set forth by the client and respond to all comments following each submission and back-check submission and make the appropriate revisions to the contract documents to address comments received. 3. CHA will provide hazardous materials abatement design services by a New York State Department of Labor (NYSDOL) certified asbestos project designer. This will include compiling technical specifications, where required, which outline the scope of work for the removal of the identified hazardous building materials. 4. Attend design coordination meetings during design development and finalization of contract documents. Task 5 Site Utility Investigation (Water, Wastewater, Electric, NG) A. Locate nearest site utility tie in points B. Determine available utility capacity Mr. Dylan Turek 7 March 17, 2022 Task 6 Proposed Site Design and Site Plan A. Before completing the final design, CHA will prepare a site map for the City’s review showing the following: 1. Limits of remediation soil fill cap 2. Grading 3. Stormwater Basins 4. Parking 5. Max building size in compliance with setbacks and green space requirements 6. Proposed groundwater wells 7. Site utilities B. Following site plan review and approval by the City, the detailed design will be prepared. This will and include the site preparation, building demolition, and to further incorporate the elements of the remedy into a set of biddable quality plans and specifications. As such, CHA will complete the following items for 30%, 90% and final design: 1. Civil drawings including existing conditions plan, site preparation plan, erosion and sediment control plans, stormwater controls, excavation and soil management and disposal plan 2. Utility coordination drawings (relocation, capping, etc.) 3. Monitoring well abandonment and replacement specifications 4. Building demolition plan 5. Technical specifications 6. Stormwater Pollution Prevention Plan (SWPPP) 7. Bid documents It is anticipated that CHA will submit the above documents to the City and potentially NYSDEC for review at 30% and 90% completion. Following the reviews, CHA will then revise the documents and submit a 100% complete design plans and specifications for bidding. ASSUMPTIONS 1. The project team will be provided access to the site. 2. We recommend that an abstract of title be completed by a local title company. This will assure that all recorded easements and rights of way of record are discovered. 3. The buildings will be cleared by City representatives for access by our structural and environmental engineers. 4. Cost estimates are by others. 5. We are assuming that a traffic analysis is not required at this time. 6. Buildings are not on the Historic Register and can be demolished (if necessary). 7. Excess soil cuttings generated from advancement of the borings can be disposed of on-site at a location designated by the City. 8. Explorations will be performed at accessible locations with minor brush and small tree clearing. 9. NY Prevailing Wage Rates will apply to subcontracted drilling services. 10. Wash water drums will be left onsite and disposed of by others. 11. Decontamination of samplers as individual boreholes progress is not required. 12. Modified Level D PPE will be sufficient. Mr. Dylan Turek 8 March 17, 2022 13. LaBella remains the owner of all survey notes, electronic files, computations, maps and drawings produced in connection with this work. 14. Does not include an ALTA/NSPS survey. 15. Does not include Elevation Certificates. 16. Does not include staking of missing or disturbed property corners. 17. Does not include Subdivision, Lot Consolidations, Easements or Descriptions. 18. Wetlands, if any, will not be delineated or located. 19. Boundary Survey depicts the position of boundaries with respect to existing field evidence and title information. The Boundary Survey must be based on sufficient record information and sufficient field evidence to enable LaBella to render a professional opinion as to the boundary location. This proposal and fee have been estimated with the assumption that the record information and field evidence is adequate to perform the survey. LaBella reserves the right to negotiate additional fees for this project, if the evidence is inadequate to render an opinion. 20. At this time, the remedial approach has not been discussed with the NYSDEC. There is the potential that additional work may be required by the Department which is not included in this proposal. We have assumed that a Remedial Action Work Plan will be required at a minimum; however, additional investigation to fill in perceived data gaps may be required. Additionally, the NYSDEC may request that the site be incorporated into one of the Department’s formal programs, such as the Brownfield Cleanup Program (BCP), etc. Entering the program will require additional tasks to meet the program objectives which are not included. We will work with the City to minimize any additional NYSDEC requirements; however at this time, we cannot identify all of the Department’s potential requirements. 21. Hazardous Material Assessment Assumptions a. CHA will be provided copies of past asbestos and lead surveys and abatement reports that have been completed for the subject buildings as well as all available record drawings and as-built plans, if available. b. The inspection is limited to accessible interior and exterior portions of the building. CHA will not enter buildings or portions thereof that are deemed structurally unsound or are partially/entirely collapsed. c. CHA will collect roof level samples from previously damaged areas and will apply temporary patches to all roof sample locations, however will not be responsible for future roof leaks. d. The LBP survey is intended to provide information on the presence of lead-containing paint and/or lead-based paint for the purposes of proper management during the rehabilitation project. The survey is not intended to provide a lead paint risk assessment or determination of building occupant risk or exposure. e. CHA will prepare one report which will be completed within 10 working days of receipt of all sample results. Samples will be run on a standard five-day turnaround. f. This scope excludes sample analysis via Method 198.8 for those building materials that contain vermiculite. If building materials are identified that contain vermiculite and thus require the 198.8 analysis, CHA will contact the client to discuss those samples and determine whether those materials should be assumed to be asbestos-containing or if the laboratory will perform the additional analysis. g. The estimated number of asbestos, lead-based paint, PCB sealant samples collected will be as follows and will be run on a ten day deliverables schedule. Polarized Light Microscopy (PLM) 30 PLM - Non-Friable Organically Bound (NOB) 40 Mr. Dylan Turek 9 March 17, 2022 Transmission Electron Microscopy (TEM) NOB 28 Flame Atomic Absorption (FAA) lead 10 Caulk/Sealant Samples for PCBs 8 h. If there are buildings or portions thereof that are deemed structurally unsound or are partially/entirely collapsed, CHA assumes that those buildings or portions thereof will be demolished with asbestos in place. i. CHA assumes that a site-specific variance will be needed to safely and efficiently remove confirmed and/or assumed ACM from the subject buildings. SCHEDULE CHA proposes to complete the work as outlined below: Survey 7 weeks from NTP Geotechnical Investigation 6 weeks from NTP NYSDEC Coordination and Remedial Action Work Plan 12 weeks from NTP (est.) 30% Schematic Design 10 weeks from NTP 90% Construction Documents 4 weeks from 30% comments 100% Documents 4 weeks from 90% comments FEE CHA proposes to be compensated for the scope of services outlined in this proposal on a lump sum basis for the amounts noted below. Task 1: Topographic Survey and Base Mapping $ 27,000 Task 2: Geotechnical Investigation Geotechnical Direct Labor $ 5,300 Estimated Direct Expenses $ 100 Estimated Boring Subcontract $ 17,000 Task 3: NYSDEC Coordination and Work Plan $ 32,500 Task 4: Building Inspection and Condition Assessment $ 60,000 Pre-Demolition Hazmat Survey $ 12,500 Task 5: Site Utility Investigation $ 5,000 Task 6: Site Plan $ 75,000 Reimbursable Expenses $ 2,580 Proposal Total $236,980 We look forward to working with you on this project. Please call me if you have any questions or comments about this material. Sincerely, Mitch Dewein Associate Vice President Mr. Dylan Turek 10 March 17, 2022 ATTACHMENT A