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2009-1262009-126 Resolution Authorizing Entry into Design Services Agreement for Joint Community Center Feasibility Study At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on May 4, 2009. The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Councilmembers ABSENT: Christopher J. Colsey William H. Beale (arrived at 7:03 PM) Vincent F. Bettina Maureen McCarthy Joseph P. Paoloni (arrived at 7:03 PM) The following Resolution was introduced by Supervisor Colsey and seconded by Councilman Beale. WHEREAS, the Town of Wappinger and the Village of Wappingers Falls are in need of new and expanded recreation facilities and the two municipalities are interested in determining the feasibility of creating a shared Community Center in Veteran's Park, located within the Town and the Village; and WHEREAS, the Town of Wappinger as lead municipality and the Village of Wappingers Falls have made application to Congressman John Hall's Office for federal grant money for this Project; and WHEREAS, the Town of Wappinger and the Village of Wappingers Falls desire to conduct a feasibility study to determine if the sharing of a Community Center would be beneficial to the municipalities; and WHEREAS, the Town of Wappinger and the Village of Wappingers Falls have been presented with a proposed Design Services Agreement with Pouder Design Group, a copy of which is attached hereto as Exhibit A; and WHEREAS, the actual construction and implementation of a Shared Community Center between the Village of Wappingers Falls and the Town of Wappinger will not take place unless there is a positive recommendation from the feasibility study and is further subject to the approval of an appropriate shared municipal agreement pursuant to Article 5-G of the General Municipal Law upon terms agreeable to both municipalities. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby accepts the terms and conditions set forth and contained in the "Agreement for Design Services between the Village of Wappingers Falls and Town of Wappinger and the Pouder Design Group, LLC for a Community Q 5 Center Building Feasibility Study at Veteran's Park," a copy of which is annexed hereto as Exhibit A. The Supervisor of the Town, Christopher Colsey, is hereby directed and authorized to execute "Agreement for Design Services between the Village of Wappingers Falls and Town of Wappinger and the Pouder Design Group, LLC for a Community Center Building Feasibility Study at Veteran's Park" on behalf of the Town of Wappinger. The Town Board authorizes and designates Supervisor Christopher Colsey to execute any other necessary documents that are required with respect to the Agreement. The Town Board approves the expenditure of an amount not to exceed $3,500.00 for the Feasibility Study. The foregoing was put to a vote which resulted as follows: CHRISTOPHER COLSEY, SUPERVISOR Voting: AYE WILLIAM H. BEALE, COUNCILMAN Voting: AYE VINCENT F. BETTINA, COUNCILMAN Voting: NAY MAUREEN McCARTHY, COUNCILWOMAN Voting: NAY JOSEPH P. PAOLONI, COUNCILMAN Voting: NAY Dated: Wappingers Falls, New York 5/4/2009 The Resolution is hereby defeated. WC. MASTERSON, TOWN CLERK SUPERVISOR CHRISTOPHER J. COLSEY To: From: Cc: Date: Subject: TOWN OF WAPPINGER SUPERVISOR'S OFFICE 20 MIDDLEBUSH ROAD �—A WAPPINGERS FALLS, NY 12590�y_ I (845) 297-2744 1� V FAX: (845) 297-4558 Albert Roberts, Esq. Christopher Colsey, Supervisor James Horan, Esq. `—� February 24, 2009 BY - FMD Date" 2� Community Center Feasibility Study TOWN COUNCIL WILLIAM H. BEALE VINCENT BETTINA MAUREEN McCARTHY JOSEPH P. PAOLONI The Mayor of the Village of Wappingers Falls proposed, without seeking a response, the sharing of the cost for the attached feasibility study for the proposed Community Center to be placed at Veterans Park between the Village and Town at the February 23 meeting. As Mr. Horan was present in your absence, I defer to him for any specific details of the discussion. Please prepare a resolution in respect to this matter. T nk you. Christopher Colsey, Supervisor Town of Wappinger pouder design group landscape architecture + environmental planning 4 CHARLES COLMAN BLVD., PAWLING, NY 12564 WWW.POUDER.COM 845.855.8255 Agreement for DESIGN SERVICES between Village of Wappinger's Falls and Town of Wappingers (Clients) and The Pouder Design Group, LLC (Landscape Architect) for a Community Center Building Feasibility Study at Veteran's Park PURPOSE AND SCOPE OF WORK The purpose of this Scope of Work is to develop a preliminary vision and budget for the design of a Community Center building, developed in coordination with a Park Master Plan being prepared simultaneously for Veteran's Park. Task I Pre -Design Services and Site Analysis I . Review proposed building program with a representative from the Town and a representative from the Village. 2. Meet or teleconference with Village Engineer to discuss feasibility of relocating site utilities in area of proposed building. 3. Evaluate feasibility of reusing and expanding the existing building; prepare sketch of existing building footprint. 4. Task I Deliverable —Full size and digital graphics of existing building footprint (one set for Town and one set for Village). Task 2 Preliminary Community Center Concept Plan I . Coordinate with Park Master Plan work (being performed under separate contract) to locate general area for proposed building. 2. Prepare a preliminary footprint of the proposed building showing the interior floor plan of a new (or an expanded) Community Center building. Building to accommodate approximately 125 to 150 people with restrooms, kitchen, meeting hall, some office space and storage area. 3. Prepare a color 'bird's eye view' vignette perspective sketch or elevation of the proposed building's exterior. 4. Develop concept sketch of site improvements for area immediately adjacent to the building consisting of an on-site parking area for at least 35 cars, infrastructure relocation and landscaping. Site planning work to be coordinated with Park Master Plan being developed under separate contract with Village. 5. Present floor plan and perspective at a joint Village/Town work session. 6. Task 2 Deliverables— Full size and digital (PDF Format) graphics of preliminary building footprint and color bird's eye view rendering (one set for Town and one set for Village). Task 3 Final Community Center Concept Sketch and Budget I . Incorporate comments from the work session and prepare a final Building Concept Sketch Plan showing the general size, form and style of the building. 2. Prepare a general budget based on square foot costs for similar buildings, based on our local experience. 3. Present Final Concept Sketch to a joint session of Town and Village Boards. 4. Task 3 Deliverables— Full size and digital (PDF Format) graphics of final Building Concept Sketch, color bird's eye view rendering, and budget (one set for Town and one set for Village). COSTS The costs for the scope of work above is a lump sum of $6,700 plus reimbursable expenses, billed by task as follows: Task I Pre -Design Services and Site Analysis: $1,000 Task 2 Preliminary Community Center Concept Plan $4,000 Task 3 Final Community Center Concept Sketch and Budget $1,700 Veteran's Park Community Center Building Feasibility Study at Veteran's Park PaLye 2 Fees for completed work and incurred expenses shall be billed monthly. Balance due within thirty (30) days of the invoice date. Past due accounts shall be subject to finance charge of 1% (One Percent) per month commencing from the invoice date. Reimbursable Expenses (film, printing, shipping, etc.) will be billed at their actual costs. Mileage will be billed at our standard rate. ADDITIONAL SERVICES AND FUTURE TASKS Fees for additional services shall be billed on an hourly basis in accordance with Landscape Architect's standard rates or shall be negotiated at a later date. A separate proposal can be prepared for the future detailed architectural design of the building when the scope of work is more clearly defined. SCHEDULE We are prepared to begin the project immediately upon receipt of an executed contract and anticipate that we can complete the project within approximately two months, assuming information is readily available and meetings can be scheduled as proposed. Design Team agrees to provide services in accordance with generally accepted standards of its profession and shall put forth reasonable efforts to comply with codes, laws and regulations in effect as of the date of this Agreement. SERVICES NOT INCLUDED Analysis of soil and subsurface conditions, surveying and layout, locating utilities, site security, insurance requirements, irrigation design, civil, structural, electrical engineering, construction -level documents and design of site utilities are not included in this proposal. All revisions to previously approved or accepted plans and documents, which result from programmatic changes, negotiations with approval authorities, contractors or other consultants shall be considered additional services and shall be billed in accordance with Consultant's standard hourly rates. CLIENT'S RESPONSIBILITIES Client agrees to take responsibility for all soil and subsurface conditions, obtain and pay for project permits, provide Landscape Architect with accurate information and recommendations requested by Landscape Architect, assume responsibility for maintenance and the results of improper maintenance, promptly notify Landscape Architect of schedule or budget changes. Client shall provide Landscape Architect with an accurate and complete survey of the site, including all existing elements. ESTIMATED SCHEDULE AND PROJECT BUDGET Landscape Architect shall render its services as expeditiously as is consistent with professional skill and care. Any Statement of Probable Costs will reflect the Landscape Architect's best judgment. It is recognized that neither the Client nor the Landscape Architect have control over Contractor bids or market conditions. Actual construction costs may differ from the Client's budget and from the Statement of Probable Costs. DISPUTE RESOLUTION Client and Landscape Architect agree to mediate claims or disputes arising out of or relating to this Agreement as a condition precedent to litigation. Mediation fees shall be shared equally. In no event shall any demand for mediation be made after such claim or dispute would be barred by the applicable law. OWNERSHIP OF DOCUMENTS All instruments of professional service prepared by Landscape Architect are the property of Landscape Architect and shall not be used on other projects without Landscape Architect's written permission. Landscape Architect retains all rights, including the copyright in its documents. ENTIRE AGREEMENT AND SEVERABILITY This Agreement is the entire and integrated agreement between Client and Landscape Architect and supersedes all prior negotiations, statements or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Client and Landscape Architect. In the event that any term or provision of this agreement is Veteran's Park Community Center Building Feasibility Study at Veteran's Park Pae 3 found to be void, invalid or unenforceable for any reason, that term or provision shall be deemed to be stricken from this Agreement, and the balance of this Agreement shall survive and remain enforceable. NO ASSIGNMENT Neither party can assign this Agreement without the other party's written permission. INDEMNIFICATION Client agrees to indemnify, defend and hold Landscape Architect harmless from and.against any and all claims, liabilities, suits, demands, losses, costs and expenses, including, but not limited to, reasonable attorneys' fees and all legal expenses and fees incurred on appeal, and all interest thereon, accruing or resulting to any and all persons, firms or any other legal entities on account of any damages or losses to property or persons, including injury or death, or economic losses, arising out of the Project and/or the performance or non-performance of obligations under this Agreement, except to the extent such damages or losses are found by a court or forum of competent jurisdiction to be solely caused by Landscape Architect's negligent errors or omissions. ATTORNEYS' FEES Should any legal proceeding be commenced between the parties to this Agreement seeking to enforce any of its provisions, including, but not limited to, fee provisions, the predominantly prevailing party in such proceeding shall be entitled, in addition to such other relief as may be granted, to a reasonable sum for attorneys' and expert witnesses' fees, which shall be determined by the court or forum in such a proceeding or in a separate action brought for that purpose. For purposes of this provision, prevailing party' shall include a party which dismisses an action for recovery hereunder in exchange for payment of the sum allegedly due,performance of covenants allegedly breached, or consideration substantially equal to the relief sought in the action or proceeding. WAIVERS OF CONSEQUENTIAL DAMAGES AND SUBROGATION Client and Landscape Architect waive all claims to consequential damages for any claims or disputes arising out of or relating to this agreement. In addition, Client and Landscape Architect waive all claims against each other to the extent covered by any applicable insurance during design or construction, including but not limited to claims for subrogation. NO THIRD PARTY BENEFICIARIES Nothing in this agreement is intended to create a contractual relationship for the benefit of any third party. There are no intended beneficiaries of this agreement except Landscape Architect and Client. CONSTRUCTION PHASE SERVICES If construction observation is provided to determine the general progress of the work, the Landscape Architect shall not control, supervise or be responsible for work by others, or for construction safety. The Landscape Architect maintains the right but not the duty to recommend that Client reject work that does not appear to conform generally to the plans and specifications. Landscape Architect shall not have any liability for recommendations made in good faith. Certifications for Client's payment to a Contractor shall represent to the Client that, to the best of Landscape Architect's knowledge, information and belief, the work has progressed to approximately the point indicated. Such certifications shall be subject to any noted qualifications by Landscape Architect. They shall not represent that Landscape Architect has supervised the work, reviewed means, methods, techniques, schedules, sequences or procedures, or construction safety. It is expressly understood and agreed that the Landscape Architect shall not have control of or be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions in connection with the Project or for the acts and/or omissions of any contractor, subcontractor, or person performing work for the Project. The Client shall indemnify and hold harmless the Landscape Architect from and against any and all claims, demands, losses, costs, liabilities and damages including without limitation reasonable attorneys' fees and expenses incurred by the Landscape Architect and arising our of or related to any of the aforesaid. It is understood and agreed that the design process cannot be completed until the Project, which is the subject of this Agreement is actually constructed. It is further understood and agreed that if construction phase services are provided for under this agreement, such services are essential to the completion of the professional services for which the Landscape Architect is retained. Client acknowledges that the termination of the Landscape Architect prior to substantial completion Veteran's Park Community Center Building Feasibility Study at Veteran's Park Page 4 of the project will significantly increase the risk of loss resulting from, among other causes, misrepresentation of the intent of the design, unauthorized modifications, and failure to detect errors or omissions in the plans and specifications before they become costly mistakes built into the project. Therefore, the client agrees that if the services or this agreement is terminated prior to substantial completion of the project or if the Landscape Architect is otherwise precluded by the Client from completing the work of this agreement, the Client shall indemnify and hold the Landscape Architect harmless from and against any and all claims, demands, losses, costs, liabilities and damages, including without limitation reasonable attorneys' fees and expenses, which relate to or arise from the Construction Phase. Client acknowledges and agrees that proper maintenance is required after the Project is complete. A lack of or improper maintenance may result in damage to property or persons. Client further acknowledges and agrees that, as between the parties to this Agreement, Client is solely responsible for the results of any lack of or improper maintenance. TERMINATION This Agreement may be terminated by either party upon seven (7) days written notice. If terminated, the Client shall pay the Landscape Architect for all services rendered and reimbursable expenses incurred. The Client acknowledges that termination of this agreement prior to substantial completion of construction increases the risk of loss due to misinterpretation of drawings and specifications, unauthorized modifications, and other factors. Client agrees that if this agreement is terminated before substantial completion of the project, or if Landscape Architect is precluded by Client from completing services, the Client shall, without limitation, indemnify and hold Landscape Architect harmless from all claims, demands, losses, liabilities and damages which relate or arise from the Project. Agreed to: ARCHITECT' s Dated BEHALF OF THE VILLAGE OF WAPPINGER'S FALLS Dated 2 — ZI -- 2,) D 9 ON BEHALF OF THE TOWN OF WAPPINGERS Dated Town of WappingerNillage of Wappingers Falls Community Center The Village of Wappingers Falls and the Town of Wappinger would like to enter into an intermunicipal agreement to share a Community Center. The Village would provide a 5 acre park, Vet's Park which would be landscaped with a new multi -use sports field, basketball courts, parking, a pavilion at the end of the pie and vegetation which limits access to the park by geese. The Town and the Village would share the costs of building planning, design and construction based on population. The Village would pay the entire cost for the design and implementation of the park and lake features. The Community Center would be used by the Senior Center every weekday from 9 to 2 (except for a 6 week period in the Summer for the Village Summer Camp). There would be an after school program for kids from 2-6. In the evenings and on weekends, the building would be available for reservation according to an agreed upon schedule detailed in the Intermunicipal agreement. The building would mainly consist of a 70' by 40' recreational area (maybe a basketball court) which would be converted into the main room of the community center for the senior and afterschool activities. The Senior program and the After School program will have two offices and there will be a small kitchen. The entire building would be 3,500 square feet for a total cost of $1,250,000. The Village and the Town both have Restricted Recreation Funds which could would contribute a combined amount of $250,000 toward this project. The total amount of this appropriation request is $1,000,000. CHAIRMAN RALPH HOLT TOWN OF WAPPINGER RECREATION DEPARTMENT 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 (845) 297-0720 April 9, 2009 SUPERVISOR CHRISTOPHER J. COLSEY TOWN COUNCIL WILLIAM H. BEALE VINCENT BETTINA MAUREEN McCARTHY JOSEPH R PAOLONI Supervisor Office APR 0 9 2009 Memo To: Supervisor Christopher J. Colsey Received Councilman William H. Beale Councilman Vincent Bettina Councilwoman Maureen McCarthy Councilman Joseph P. Paoloni Subject: Proposed Community Building by the Village of Wappingers Falls Ms. vonReyn and I were present at a discussion on the potential building of a Community Center building at Veteran's Park. This is being sponsored by the Village of Wappinger. To say that this is of interest to us is putting it mildly. The prospect of a centrally located, purpose-built Senior Center (3) or (4) times as large as the present one is exciting. As you know, the current Senior Center measures 800 square feet. This size restricts our ability to conduct some programs, causing us to expand into Town Hall meeting space five days a week to run exercise programs. Even more important, the close quarters present a potential health problem. On days when the room is fully occupied it is stuffy and hard to breathe in there. Germs can spread with relative ease, and the noise level is uncomfortable. We are grateful for the Board's support of our senior program in the past, and we make the best of what we have, but the opportunity to have a center that will accommodate the coming wave of senior citizens is worth pursuing. Please study the proposal requested by our Village neighbors closely to determine if this joint venture would be beneficial for both our communities. We see it as the first real chance to both improve the lives of our existing center population and expand our services to more of the over 3,000 seniors living in our town. We definitely feel this is a project worth our support. Thank you, Ralph J. Holt, Chairman Recreation Commission AonReyn, Director Senior Center April 9, 2009