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4.13 4.13 BIDS\Advertise-Demolition Costs-32 Homer Avenue—Pontiff—7-12-2021 RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS FOR DEMOLITION OF STRUCTURE ON PROPERTY LOCATED AT 32 HOMER AVENUE RESOLUTION NO.: ,2021 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, a fire occurred at a structure on property located at 32 Homer Avenue in the Town of Queensbury (Property) and the Town's Director of Building and Codes Enforcement r (Director) viewed the damaged structure and found it to be a hazard, in disrepair, unusable and unsafe, and WHEREAS, after the owner failed to voluntarily raze the structure, the Town duly commenced a State Supreme Court Action to compel compliance with all applicable Town and State Code provisions, and WHEREAS, by Judgment dated May 4, 2021, Supreme Court authorized the Town to remove the structure if the property owner failed to do so, and WHEREAS, the Director has advised that the property owner has not removed the structure within the time specified by the Court and therefore recommends Town Board authorization to advertise for bids to demolish the structure in accordance with the terms of the Judgment, and WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bid to the lowest responsible bidder(s) meeting New York State statutory requirements and the requirements set forth in the Town's bidding documents, and WHEREAS, the Director has obtained a Proposal for Asbestos Inspection Services from Spectrum Environmental Associates, Inc. (Spectrum Environmental) dated June 14, 2021 related to the Property which Proposal includes an option for additional services including Spectrum Environmental's provision of an "RFP draft for use to bid the project" for the amount of$250 and the Director wishes to engage Spectrum Environmental's services including this provision, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's Purchasing Agent to publish an advertisement for bids for demolition of the structure located on the Property located at 32 Homer Avenue as delineated in the preambles of this Resolution in accordance with bid documents to be prepared by Spectrum Environmental Associates, Inc., the Purchasing Agent, Director of Building and Codes Enforcement and/or Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent to open all bids received, read the same aloud and record the bids as is customarily done and present the bids at the next regular or special meeting of the Town Board, and BE IT FURTHER RESOLVED, that any costs related to the bidding and/or demolition will be assessed by the Town Board against the real property in accordance with the Warren County Supreme Court Judgment dated May 4, 2021, and BE IT FURTHER RESOLVED, that the Town Board authorizes engagement of Spectrum Environmental Associates, Inc., in accordance with Spectrum Environmental's June 14, 2021 Proposal for Asbestos Inspection Services, including Spectrum's provision of an "RFP draft for use to bid the project" for the amount of$250, and authorizes and directs the Town Supervisor to execute such Proposal substantially in the form presented at this meeting with costs for Spectrum's services to be paid for from such account(s) as may be determined to be acceptable by the Town Supervisor and/or Town Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Counsel, Director of Building and Codes Enforcement and/or Town Budget Officer to take any and all action necessary to effectuate all terms of this Resolution. Duly adopted this 12"'day of July, 2021, by the following vote: AYES NOES ABSENT : P.0.Box 1024 SPECTRVAI Schenectady NY 12301 (518)346-6374(Phone) Environmental t'Issociates, Inc. (518)346-4062(Fax) 'EXCEEDING OOR CLIEIvrs EXFEcrdriONs OF EXCELLENCE' unvu 4spectrum.com PROPOSAL FOR ASBESTOS INSPECTION SERVICES Contact: Mr. David Hatten Date: June 14,2021 Client: Town of Queensbury Project: Pontiff Property Address: . 742 Bay Rd. 32 Homer Ave. Queensbury,NY 12804 Queensbury,NY 12804 Phone: (518)761-8253 E-Mail: daveh@queensbury.net Spectrum Environmental Associates, Inc. (Spectrum)appreciates the opportunity to provide you with a proposal to provide asbestos related service as discussed. Based on the information you provided, we have prepared the following cost estimate for your consideration. SCOPE OF WORK: If needed, Spectrum shall provide an EPA and NYS DOL Certified Asbestos Designer to determine the extent of relief needed from ICR 56. Spectrum shall prepare and submit a site specific variance to perform the work with relief from certain requirements of ICR 56 as required for this type of project. Spectrum shall then provide the required project/air monitoring oversite required by the conditions of the regulation and site specific variance. Spectrum shall provide a draft RFP for completion by client. Spectrum can then forward RFP to qualified contractors and have reply's sent to client directly. ESTIMATED COST: Spectrum has prepared the following cost estimate for your consideration. Final cost will be based on the unit prices and actual time and number of samples needed to properly comply with the NYS regulations concerning asbestos. Item Unit Cost Total Cost Variance Preparation by NYS Asbestos Designer- 1 $1,000.00 $1,000.00 NYS DOL Variance Fee- 1 $350.00 $350.00 COST FOR VARIANCE: $1,350.00 Additional Services as Needed Provide RFP draft for use to bid project $250.00 $250.00 Daily Monitoring Rate w/equipment and expenses $480.00/day $480.00 PCM Air Analysis per ICR-56— 13 per day $ 15.00 ea. $195.00 Travel $75.00/day $75.00 Final Monitoring Report/Admin Fee- 1 $250.00 ESTIMATED COST FOR DAILY PROJECT MONITORING:$750.00 Site Requirements: • A confirmation of the scope of work must be provided prior to submission of the site specific variance to the NYSDOL. • Contractor must notify Spectrum 10 days in advance(same as NYSDOL requirement)to confirm its availability to schedule. Schedule changes require 24 hour notice. • Owner/Abatement Contractor shall provide electrical power and allow use of the site as needed to perform the scope of work in accordance with all state and federal regulations. If Spectrum is required to provide a generator,an additional$100.00/day will be charged Environmental Consulting&Management Services • Health&Safety Training • Laboratory Services L 1 • As required by ICR 56,the contractor's supervisor must perform his own final inspection and be on- site to accompany Spectrum during its required Project Monitor Visual Inspection. • If air sampling results are above 0.01 f/cc,NYS ICR 56 requires that the results be sent to the Asbestos Control Bureau immediately(same business day)which may result in an inspection from the NYS DOL. • Spectrum shall not be responsible for the means, methods,techniques,sequences and procedures employed by the contractor in the performance of their contract,and shall not be responsible for the failure of the contractor to carry out the work in accordance with the contract documents. Regulations clearly hold the supervisor/contractor responsible for compliance and completeness of the scope of work. If the contractor elects to work overtime or weekends or does not complete the work in a timely manner,additional costs may be incurred. Spectrum would like to thank you for the opportunity to present our proposal for asbestos consulting services. If you have any questions regarding our proposal or pricing, please feel free to contact me at 518-346-6374 or rmartin@4spectrum.Com. PROPOSAL ACCEPTANCE AGREEMENT AND PAYMENT TERMS: 1. Proposal shall remain valid for thirty.(30)days from date prepared. 2. Spectrum accepts cash,checks and all major credit cards. Return Check Fee-$35.00. 3. Client agrees to pay Spectrum for all work performed, upon presentation of invoice,the sum(s) stipulated in the attached proposal. The Client's obligation to pay is in no way dependent upon the Client's ability to obtain financing, payment from third parties,approval of governmental or regulatory agencies, or on the Client's successful completion of the project. 4. Invoices not paid within thirty(30)days of invoice date are subject to a 1-1/2%per month late payment fee. In suit to collect fees under this agreement,the client agrees to pay all of Spectrum's collection costs, court costs, interest, and reasonable attorney's fee. 5. In the event any invoice is not paid within thirty(30)days, Spectrum reserves the right to suspend services under this contract. 6. Client agrees to indemnify and defend Spectrum from any liability, loss cost or expense in connection with the Services, including attorney's fees,claimed for property damage, bodily injury, including death,or other injury or loss except such as is caused solely by the negligence or willful misconduct of Spectrum, its employees, or agents. 7. Spectrum shall not commence work on this project until an executed copy of this agreement has been received (including deposit)and approved. 8. This agreement represents the entire agreement between the parties and may not be altered except in writing signed by both parties. Acceptance Respectfully Submitted, ` Name: M14T�G� ✓Y h Ronald F. Martin Jr. Operations Alanager Signature: ` FILED: WARREN COUNTY CLERK 05 04 2021 11: 11 AM INDEX NO. EF2020-68384 Ny �rki&-:. WARREN COUNTY CLERK 02 18 2021 01 -40 PM RECEIVI'E y }EEE£2a0PQ�P2@I1 NYSCEF DOC. N0, 8 RECEIVED NYSCEF: 02/18/2021 STATE OF NEW YORK SUPREME COURT COUNTY OF WARREN TOWN OF QUEENSBURY, Plaintiff, JUDGMENT -against- Index No.: EF2020-68384 JUDY PONTIFF, Defendant. Plaintiff Town of Queensbury, having appeared before this Court through Counsel and having interposed two Causes of Action against Defendant relating to the condition of certain premises owned by Defendant located at 32 Homer Avenue in the Town of Queensbury and identified as Tax Map Parcel Number 302.8-1-31 ("Premises") and Defendant having failed to Answer the Verified Complaint within the time permitted to do so and Plaintiff having Moved this Court for a Default Judgment and having appeared to be heard on this issue before the Hon. , a Justice of this Court, and the Plaintiff having submitted no opposition to the entry of a Default Judgment against her and the Court having considered all submitted pleadings and Motion documents and, after due deliberation, IT IS HEREBY ORDERED AND ADJUDGED, that the condition of the Premises located at 32 Homer Avenue in the Town of Queensbury and identified as Tax Map Parcel Number 302.8-1-31 constitutes a Public Nuisance; and it is further ORDERED AND ADJUDGED,that the Premises constitutes an"Unsafe Structure" in violation of Queensbury Town Code and the Property Maintenance Code of the State of New York; and it is further 1 of 3 1 FILED' WARREDT COUNTY CL RK OBZ9412021 11911 A INDEX NO. EF2020-68384 INDEX 0Ny COUNTY RECEIVNYCEF /04/221 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 02/18/2021 ORDERED AND ADJUDGED, that Defendant is hereby Ordered to mitigate the Public Nuisance by erecting a fence around the perimeter of the Premises within seven (7) days of this Order; and it is further ORDERED AND ADJUDGED, that Defendant is permanently enjoined from continuing to violate Town and State Codes and directing Defendant to undertake all action necessary to obtain a demolition permit from the Town and further directing Defendant to cause the structure at issue to be demolished and to remove all debris and remnants of the structure from the Premises within sixty(60)days of the Court Order; and be it further ORDERED AND ADJUDGED, that the Town of Queensbury is hereby authorized, but not directed, to take the above described actions to abate such conditions at the Premises, with all associated costs to be borne by Defendant as a lien against the real property at issue, to be collected by the Town in the same manner as real property taxes and to be treated as such for all purposes; and be it further ORDERED AND ADJUDGED, that Judgment is hereby awarded in favor of the Town against Defendant in the amount of$950; and be if further ORDERED AND ADJUDGED, that the Town is hereby awarded costs and disbursements pursuant to CPLR 8201 and CPLR 8202 as follows: Index Number Fee ........................................................... $210.00 Process Service Fee ........................................................ $50.00 Request for Judicial Intervention ......................................... $95.00 Costs for Action by Statute ................................................. $200.00 Costs for Motion by Statute ............................................... $100.00 TOTAL ......................................................................... $655.00 2 of 3 w F INDEX NO.• EF2020-68384 INDEX NO. EF2020-68384 NYCCM RECEIVED NYSCEF: 05/04/2021 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 02/18/2021 Done this the f1t.day of }`1G4t(_ , 2021. Ju tic of the Supreme Court ENTER: J. 11MRDSlcompanylClientslQUEENSBURYIPONTIFFIDefault JudgmenllJudgmenl.docx 3 of 3