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FILED: ERIE COUNTY CLERK 09/27/2018 04:59 PM INDEX NO.

815185/2017
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 09/27/2018

Exhibit C
FILED: ERIE COUNTY CLERK 09/27/2018 04:59 PM INDEX NO. 815185/2017
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 09/27/2018

Building Science Services, LLC


8304 Main Street
Williamsville, New York14221
T. 716-204-9733
www.BuildingScienceServices.com

April 28, 2017

Mr. John Fenz


Town Attorney
Town of West Seneca
1250 Union Road
West Seneca, New York 14224

Re: Review of Conditions


Charles E. Burchfield Art & Nature Center
2001 Union Road
West Seneca, NY

Mr. Fenz,

In response to reports of unusual building damage and structural deterioration at the above
referenced Burchfield Center, my office completed our initial evaluation and offer the follow
report of findings.

In summary, and with special emphasis on the exterior walls, please be advised we have found
the building was improperly designed and constructed as it relates to the unusual building
damage currently being encountered.

More specifically, the design of the exterior walls was such that it was a certainty that the
lower sections of wall would rot and the building would start settling. As per the design, the
wood framing rests upon a wood bearing plate. The wood bearing plates as well as the wood
structural sheathing are in contact with, and positioned below the surrounding earth and grade.
This condition has allowed general ground moisture, rain water and snow melt to come into
contact with the wood over the years since it was first constructed. This constant and ongoing
contact with water has caused the wood at the bottom of the walls in various locations to
deteriorate due to rot. The rotting of the bottom of the wood is in turn causing the differential
settlement of the stud walls.

The conditions you have seen in recent months with regards to locking hardware bursting off

double hung windows is a direct result of the differential wall settlement near particular

window locations. Unfortunately, these conditions are just the initial symptoms of what will

become worse conditions over time.


FILED: ERIE COUNTY CLERK 09/27/2018 04:59 PM INDEX NO. 815185/2017
NYSCEF DOC. John Fenz
Mr. NO. 23 RECEIVED NYSCEF: 09/27/2018
Town of West Seneca
April 28, 2017
Page 2 of 16

Background Information:

A. It is my understanding that my firm was a referral from other Design Professionals to


the Town to offer assistance in this matter. It is also my understanding that all parties
that review this report may not have information regarding my background and
credentials as the main author of this report. I offer the following:

1. I am NYS registered and practicing Architect. I have approximately 30 years of

industry experience. My CV is available by request if necessary.

2. I am founder and principal of a firm called Architecture Unlimited, PLLC. This


firm was founded in 1995 and continues to provide architecture and engineering
services, as well as construction management services (as-advisor). The firm's
focus was, and remains on expansion, alteration and repair of existing facilities.
Our primary market presence is in municipal, industrial, institutional, and high-end
residential work.

3. I am a founding partner in Building Science Services, LLC. This firm was formed
in 2013 to better provide forensic architecture & engineering, specialty design

evaluations, and construction testing, and expert witness services that had been a

growing and more specialized service segment within Architecture Unlimited since
its early years. The firm has had significant involvement in both the review as well
as resolution of a large number and varying type of building performance failures,

building related injury or death matters, and design/construction related disputes


and litigation.

4. I am also a founding partner in a separate company called C3i Services. This firm

provides consulting and technical support to various entities involved in design,


construction and other building-performance outcomes. We also provide
credentialed education services primarily to design professionals and code
enforcement officials. C3i is a service-disabled veteran-owned small business
(SDVOSB).

B. Building History/Background:

1. The building is relatively new. It was designed and constructed as a new building
on or about 1999-2000 with occupancy reputed to be taken some time in 2001.

2. The Town furnished me with original construction drawings dated June 1999. A
project manual (specification book) was not included. The drawings show the
design and engineering was provided by an apparent joint venture of 2 separate

firms, Nussbaumer & Clarke, Inc. for engineering and Louis Design Group for

architecture.

3. I was not provided any review information on who the contractor(s) were. Based
on my review to date, it is not clear such information would have been of any value.

4. The building has approximately 5,200 square feet of usable space.


FILED: ERIE COUNTY CLERK 09/27/2018 04:59 PM INDEX NO. 815185/2017
NYSCEF DOC. John Fenz
Mr. NO. 23 RECEIVED NYSCEF: 09/27/2018
Town of West Seneca
April 28, 2017
Page 3 of 16

5. The building is a wood frame structure, very similar to basic home construction.
The walls are wood studs. The roof is a combination of wood trusses for sloped
roofs and pre-engineered wood framing for flat roofs. The floor is concrete slab.
The foundation appears to be concrete masonry (block). There is no basement
space.

6. Most building components, assemblies, and systems appear to be relatively normal.


The exceptions are as follows:

a. Within the attic spaces, the building is basically equipped with 2 roof-top

HVAC packaged systems that provide the bulk of the building's heating (H) and

cooling (AC) needs. This configuration is unusual in that these units are

normally intended by design to be installed outside the building and not inside.
These units require access to outside air as part of their internal combustion

needs and building space ventilation (V) functions.

b. The roof/attic is configured with a bizarre 2-layer roof insulation system, a


levels'
system that appears to have been a failed attempt to install 2 'half of
insulation instead of the specified single level of insulation. One level is on the
truss top chords (or roof frame level) and the other level is at the truss bottom

chord (or attic floor level). In and of itself, this configuration never works

effectively in tandem even under the best of circumstances. In this case, it


doesn't work at all because the attic space itself has large intake air louvers to
provide large volumes of outside air into the attic space for the purposes of

supplying required combustion and ventilation air to the HVAC units concealed
in the attic.

7. The building has been altered since its original design and construction.

a. There are 2 areas, as reported by Town staff, where a second roof assembly was
added over existing roofs in an effort to resolve or diminish ice accumulation

hazards and related water infiltration problems.

b. A thermal-wire ice-melt system was added similarly as part of efforts to resolve


or diminish ice accumulation hazards and related water infiltration problems.

c. A plywood floor was added to the attic space trusses to improve access to the
HVAC systems in the attics and to allow for attic space storage.

C. Relevant Building Codes:

1. The codes having jurisdiction over the original design and construction back in
1999-2001 was the 1995-96 version of the 1984 NYS Uniform Fire Prevention and

Building Code.

2. The codes having jurisdiction over the current condition and review of the facility is
the current NYS Building Codes, more specifically the 2015 ICC Existing Building
Code (EBC), ICC Fire Code (FC), and NYS Property Maintenance Code (PMC).
FILED: ERIE COUNTY CLERK 09/27/2018 04:59 PM INDEX NO. 815185/2017
NYSCEF DOC. John Fenz
Mr. NO. 23 RECEIVED NYSCEF: 09/27/2018
Town of West Seneca
April 28, 2017
Page 4 of 16

Primary Findings:

A. The building is in a state of advancing structural deterioration at its lower exterior wall

perimeters. More specifically, the bottom of the exterior wood wall plates, studs,
orientated-strand board (OSB) structural sheathing and steel fasteners are rotting from

exposure to moisture.

B. The extent of the conditions of rot cannot be fully determined without more destructive
analysis but based on our review of thermal imaging scans taken during our

investigation, it does appear the conditions are at their worse where exposed by drywall

removals by previous Town investigations. We believe some lesser, if not same form
of deterioration is occurring as all remaining and concealed exterior wall periters.

C. The cause of the conditions of rot is an original design failure. The original 1999 plans
established the finished floor slab of the building was to be at an elevation of 625 feet.

However, the plans provide various elevations for the grade surrounding the building.
On the elevation drawings, the design required that the general grade elevation was to
be 622.5 feet except at door areas which were to be approximately the same 625 feet for
flush floor transitions with no step(s) down. Separate foundation details in the plans
required that the general grade elevation was to be 621.5 feet. And separate civil

engineering site drawings required that the adjacent grade was to be almost the same as
floor level at about 624.5 feet. See Exhibit 01

The confusing, improperly designed, and poorly coordinated specification as to where


the ground elevations were intended to be was very likely caught during construction

activities and quickly became a significant and open problem that faced the designers
and project managers. Most likely, it was determined that the grade needed to be raised
to the approximate floor slab level primarily because the 4 various door locations were
all required to be compliant with barrier-free (handicap) codes and without steps, and
because the design had no accommodations for separate handicaps ramps to account for

the changes in elevation coming out of the building. Although that remains speculation
on my part, it's clear that someone determined that the conflict in finished grade
specifications was to be resolved by leaving the finished floor elevation at 625 feet and
then setting the exterior grade of the building perimeter at the approximate 624.5 feet
shown in the civil/site drawings and details. See Exhibit 02

However, separate details for the wood wall framing still required that the bottom of the

walls would sit directly on the concrete block foundations to be set at an elevation of

624.33 feet. This put the bottom of the wood, not at the floor slab elevation of 625 feet,
but instead at a lower elevation approximately 6-7 inches below the floor slab

elevation, and more importantly, approximately 2-3 inches below the surrounding grade

consisting of earth and landscaping materials, and approximately 8-9 inches below
grade at door entry and walkway perimeter areas. See Exhibit 03

The only thing that separates the structural wood materials from exposure to the

surrounding ground moisture is the vinyl siding and exterior air barrier, themselves not
materials intended or capable of functioning as moisture barriers in such a manner. In
some instances, we can see where someone must have recognized the basic problem
FILED: ERIE COUNTY CLERK 09/27/2018 04:59 PM INDEX NO. 815185/2017
NYSCEF DOC. John Fenz
Mr. NO. 23 RECEIVED NYSCEF: 09/27/2018
Town of West Seneca
April 28, 2017
Page 5 of 16

and attempted to improve the condition adjacent to door and walkway areas by
installing a wrap of thin-gauge aluminum coil stock at the siding base. Neither the
wood studs or the wall's exterior OSB wood sheathing are pressure-preservative
treated. The wood wall's base plate may be pressure-preservative treated because it's
conditions of rot appears generally less advanced than adjacent stud and sheathing
wood, but I could not verify this. See Exhibit 04

Since that original design failure, compounded by inappropriate construction efforts,


the exterior wood wall surfaces have pretty much been exposed to periodic conditions
of moisture exposure depending on ground and weather conditions, as well as their
particular locations along the building perimeter. The result is what you are

experiencing now. Rotting wood has deteriorated in some locations to the point that
structural material disappeared as a physical element which in turn, has resulted in a

process of vertical collapse of the individual wood studs that serve as structural bearing.
In short order, the same deterioration will also have an adverse effect on the building's

ability to resist lateral loads as well. See Exhibit 05

D. The original design and construction work created a violation of the 1984 (Rev. 1996)
NYS Uniform Building Code applicable at the time, and as follows:

1. Sec. 800.3 Protection Against Deterioration - required thru its sub-referenced


Reference Standard R27-1 that wood wall structures were required to be positioned
at least 8 inches above the surrounding exterior grade. Again, the actual installed
condition is not a positive 8 inches as required. Its actual installed condition is
negative 2-3 inches. It is noted that the same code provision defines conditions of
deterioration to include "... among others, action of freezing and thawing,
dampness, corrosion, wetting and drying, and termites and other destructive
insects". Most of these conditions of deterioration apply to the wall base condition.

2. Sec. 806.2 Exterior Materials - required that "the exterior or covering of


facing
walls... shall be resistant to the causes of deterioration... without loss of strength or
attachment which may render it unfit for use...".

3. Because these conditions were violations of the code at the time of original design

and construction, the configuration does not status as 'pre-existing non-


enjoy
conforming'
under the current code, or what is more commonly referred to as
'grandfathered'.

4. In addition, the configuration and condition is also in violation of the current NYS

Property Maintenance Code.

Secondary Findings:

A. Our review also revealed that the building suffers from a variety of other design and

building performance failures as well. In no particular order, please note the following:

1. The four egress doors from the building were never properly configured in a
manner required by code to prevent them from being obstructed by the
FILED: ERIE COUNTY CLERK 09/27/2018 04:59 PM INDEX NO. 815185/2017
NYSCEF DOC. John Fenz
Mr. NO. 23 RECEIVED NYSCEF: 09/27/2018
Town of West Seneca
April 28, 2017
Page 6 of 16

accumulations of snow and/or ice during an emergency event. The doors are
required to have measures in the form of a roof cover, recessed alcove

configuration, sidewalk heating, etc. that would prevent doors from properly
swinging open during such weather events. In addition, such conditions can be
fall'
claimed as other related liabilities in 'slip/trip and claims. See Exhibit 02

a. Sec. Means of Egress - required that exit doors to the


765.5(a)(7) "grade-story
exterior shall open on a level grade or landing... (and that) such grade or

landing shall not be less than four inches nor more than 7-3/4 inches below the
level of the doorsill except that the riser (step down) is not required where
means are provided to prevent the accumulation of ice and snow".

b. Sec. 1101.5 Means of Egress - required that "required exits shall be


separately
accessible (for persons with disabilities)...". This meant that having step downs
at any of the 4 egress locations in this building was not an option due to separate

handicap code requirements.

c. Sec. 1031.3 of the current NYS Fire Obstructions - requires that "a
Code,
means of egress shall be free from obstruction that would prevent its use,

including the accumulation of snow and ice".

2. The building suffers significant heat loss at the roof. In part because the insulation

levels are quite a bit less than what was required by the code at the time. And in
part because the design failed to properly design workable solutions, solutions that
appear to have been made worse by field conditions implemented by the
Contractors and/or Designers after construction started.

Some of these problems have been very visible over the years and are the cause of

the odd snowmelt patterns you see on the roof, the ongoing ice accumulation and
subsequent efforts to fight the ice build-up with snow melt wiring systems and roof

modifications. See Exhibit 06

Other problems remain concealed from general view but are causing some form of
deterioration within concealed spaces of the roof and some wall assemblies.

See Exhibit 07

Each of the problems are also causing excessive energy consumption and in turn,
high heating bills for the building. Again, these problems were caused by flawed
and improper designs and construction for the building. Notable conditions are as
follows:

a. The design intended for the insulation at sloped roof surfaces (shingled roofs)
was supposed to be an R-30. The actual insulation level provided separately at
the attic floors is an approximate and lesser R-19. As previously referenced, the
separate attic roof/ceiling/wall insulation has no additional value because the
overall attic space is equipped with outside air intake systems. This level was
also a violation of the NYS Energy Conservation Code.

See Exhibit 08
FILED: ERIE COUNTY CLERK 09/27/2018 04:59 PM INDEX NO. 815185/2017
NYSCEF DOC. John Fenz
Mr. NO. 23 RECEIVED NYSCEF: 09/27/2018
Town of West Seneca
April 28, 2017
Page 7 of 16

b. The design intended for the insulation at the flat roof areas on the front and back
of the building is confusing, but definitely improper. One part of the design

drawings required it to be an R-30, another part of the same drawings required it


to be an R-19. The actual installed levels are more confusing and worse.
There's everything from an R-11 in some places, to R-19 in others, and R-30 in
still other locations. Select areas were incomplete with gaps which in turn

allowed adjacent areas to become irrelevant by default, simply because these


gaps allow the heat loss to go around the insulation, no matter what the level

may be. See Exhibit 09

Worse, the overall insulation is installed improperly as it pertains to protection


from vapor accumulation and related deterioration. The insulation is fiberglass
with a basic craft paper facing serving as a vapor retarder. This type of
insulation restricts some, but still allows some lesser form of interior vapor to
pass thru to the colder exterior side of the insulation. By both necessity and

code, this vapor needs to be exhausted by means of fresh ventilation air very
similar to a normal ventilated house roof. Unfortunately, this building's flat
roofs are not only improperly insulated, they are not ventilated at all. There is
evidence that the adjacent wood framing and roof deck are experiencing early
onset of moisture deterioration, as would be expected. Please note conditions
appear minimal at this time. See Exhibit 07

c. Thermal imaging revealed there are problem areas within concealed wall and
ceiling/roof areas due to missing or damaged insulation. The problems are best
described as periodic in scope and not pervasive thru out the building. But the
flaws are significant enough to be suspicious that some condition of vapor

accumulation, water infiltration and/or insulation gaps will likely need to be


addressed as part of improvements. See Exhibit 10

d. Inspections within open wall and ceiling/roof areas revealed similar problems of
heat loss due to missing, gapped or damaged insulation. Again, the problems
are best described as periodic in nature and not pervasive thru out, but notable
enough to be suspicious that some condition of improvement will be necessary.

See Exhibit 11

3. The wood trusses, pre-engineered wood joists, and paper insulation faces are illegal
in this particular building where they are covered only by the suspended lay-in

ceiling system and panels. Various building codes have long required in building's
with public assembly functions as well as others that exposed wood and paper

facings be covered with interior finish materials with appropriate fire


classifications. Typically, that would be drywall in a building like this. The
suspended lay-in ceiling would be allowed, but only in addition to some basic form
of drywall protection above at the required surface areas. See Exhibit 12

4. The wood trusses were not designed to support a floor to be used for attic storage.
The plans specified that the trusses were required to support only 13 pounds per
square foot and that was only for ceiling loads from below. While it's understood
the trusses were most likely designed to support more weight due to the placement
of the 2 HVAC units within the attic areas, it's highly unlikely they were also
FILED: ERIE COUNTY CLERK 09/27/2018 04:59 PM INDEX NO. 815185/2017
NYSCEF DOC. John Fenz
Mr. NO. 23 RECEIVED NYSCEF: 09/27/2018
Town of West Seneca
April 28, 2017
Page 8 of 16

designed to take on the additional 50 to 100 pounds per square foot depending on

code classification for unforeseen storage intentions. Please note the original plans

only showed small access hatchs and not the pull-down stair assemblies that were
added later. See Exhibit 13

5. Because the project drawings showed the attic insulation at the roof level and not
the the attic space is intended design be on the insulation's winter warm-
floor, by
side, and by default, to be conditioned space (meaning its heated/cooled). By stark

contrast, the same project drawings also intend for the same attic spaces to be
unconditioned (meaning no heating or cooling) and capable of fully allowing
outside air into the attic to serve the combustion and ventilation requirements of the
2 HVAC units located in the attic. During the winter, in particular, the attic spaces

simply cannot be both conditioned and unconditioned at the same time. You will

note in the attached exhibits that while the ceiling at the attic space is clearly

insulated, the same insulation barrier is penetrated by numerous outside air


mechanical intakes that not only allow, but intentionally direct cold outside air

around the barriers. See Exhibit 14

6. The design that placed the 2 HVAC units into the attics didn't seem to consider how
the units will be replaced in the future. Its notable that there is no apparent route for

removing the units, or for bringing new units in. The attic access are very small

hatches less than 24 inches wide with folding stairs rated for only very small

loading. See Exhibit 14

With consideration that the units are approximately 15 years old, and with further
consideration that normal service life for such units can run approximately 20 to 25

years, it would seem likely the units will have to be replaced in a relatively near
term and the only likely route for access seems likely to be the removal of the end
walls at the respective exterior attics. It further seems that this future maintenance
problem should be included in considerations related to the current problems being
discussed here.

Corrective Actions:

A. To correct the structural deterioration of the building walls, a series of remediation

steps must be taken that includes both repairs as wells as alterations in the construction
design details. The target work areas are concealed by a variety of wall and ceiling
finishes, electrical and data components, and various equipment, trims and furnishing.
In addition, the current version of the NYS Building Code will require certain upgrades
due to the magnitude of the work and as part of the repair and alteration processes

specifically defined within the separate NYS Existing Building Code. In general, the

following actions need to be taken:

1. Reconstruct the approximate 4 ft. of bottom exterior wall perimeter in a manner that
replaces all the lower wood wall assemblies with pressure treated stud, plate and

sheathing materials, and then seals the below grade portion (approx. 12 -18 inches)
with a layer of self-adhering bituminous membrane and Cellular PVC Trim Board.
In addition, the reconstruction should include raising the bottom position of the
FILED: ERIE COUNTY CLERK 09/27/2018 04:59 PM INDEX NO. 815185/2017
NYSCEF DOC. John Fenz
Mr. NO. 23 RECEIVED NYSCEF: 09/27/2018
Town of West Seneca
April 28, 2017
Page 9 of 16

extension'
wood wall by forming a 'curb of masonry or concrete foundation wall
over the existing block foundation in a manner that raises the wall's base plate to
equal the building's floor elevation. The overall reconstruction will include

jacking and shoring for both temporary support and for re-establishing level

conditions.

The wall reconstruction targets the 4-foot level so that full and complete 4 x 8 foot

pieces of new structural wall sheathing can be used to maintain and improve
structural stability. However, you should note that the work most likely cannot be
limited to the 4-foot level because that will create some stud wall instability. There
will most likely be some need to extend wall studs to fuller heights. Determinations
will need to be made following some more comprehensive design reviews and will

likely need to be considered and modified during reconstruction as well depending


on circumstances encountered. This basic premise will be an important part of

determining what type of contingency funding should be accounted for as part of

the project work's budgeting and will likely continue to evolve as the project work

is planned and comes more into focus.

2. To accommodate wall framing reconstruction, lower levels of electrical and low


voltage systems will need to be temporarily removed and reinstalled and/or

modified, and/or replaced.

3. Portions of walls and slab edge perimeters will need to be reinsulated.

4. Some degree of existing windows will be required to be removed and reinstalled,


and otherwise refurbished to accommodate returns to level and operable conditions.

5. Due to the aged appearance of the existing vinyl siding and subsequent difficulty in

matching the worn color, combined with the need to access window mounting
flanges for window reconstruction and adjustment, as well as other repairs and
improvements noted in this report, its best to plan on replacing all of the vinyl

siding.

6. Some level of interior finish, ceiling systems, and trim repairs and replacements
will be needed as part of efforts to access primary structural repair work.

7. The exterior doors need to be equipped with some solution to meet code
requirements to create exterior configurations that prevent the accumulation of ice
and snow. Recessing the doors will be impractical if not impossible. Adding
mechanical and/or electrical walkway melt systems at the doors will most likely be

technically difficult, impractical, expensive and unreliable. Most likely the concept
of creating new roof covers over the subject doors will not only be most practicable,
but will also provide opportunities for improving the adjacent roof performance
problems as well improving the building's exterior façade.

8. Replace and reconfigure the roof insulation and ventilation assemblies at both the
flat roof front and back areas, as well as the open attic spaces on the 2 wings. Both
these areas are relatively easy to access.
FILED: ERIE COUNTY CLERK 09/27/2018 04:59 PM INDEX NO. 815185/2017
NYSCEF DOC. John Fenz
Mr. NO. 23 RECEIVED NYSCEF: 09/27/2018
Town of West Seneca
April 28, 2017
Page 10 of 16

In addition, smaller areas of the central cathedral ceiling area should be improved.
Although more difficult to access as these areas are concealed behind drywall,
improvement opportunities may be more readily achieved and successful working
from the roof top down as opposed to from the interior side up. Both can be
successful but will require more time and effort to create appropriate design and

engineering solutions.

These same improvements can also be modified in a manner that simultaneously


resolves the problems related to exposed fire-rated facings and exposure within the

building interior.

9. Remove existing suspended ceilings to access exposed paper and wood facings to
be covered with some form of thermal barrier, most likely drywall, as required by
code. A new suspended ceiling systems shall be re-installed or the ceiling may be
converted to finished drywall as opportunities present themselves.

10. Eliminate the floor storage capabilities within the 2 attic spaces. The alterations
should at the most be limited to proving safe access to and around the 2 HVAC
units within.

B. In addition, I am recommending the following actions items also be taken:

1. Consider replacing the 2 attic space HVAC systems now as part of other
improvement work. It would be a shame to have to implement significant exterior
wall and roofing improvements in the near term only to find in a few short years
you need to do it again to get access into the attic spaces for HVAC system

removals and replacements.

It should also be noted that the improvements described above related to new
insulation levels will cause the building to be more energy efficient. This in turn is

going to result in the HVAC units being oversized and inefficient for the improved

building spaces they serve. Determining how to implement a change to smaller

more efficient systems will be much easier and more cost effective as part of the
current work than it will be as part of a separate effort in later years.

Cost Opinions:

Predicting how much time, effort and work will be involved in the repair and/or reconstruction
of the building is difficult at this early stage of review. The single biggest reason is that the
purpose of this study is to determine what's going wrong with the building and then in turn to
offer a prediction for corrective measures that is being made without the benefit of full

planning, design and engineering having yet occurred.

To that end, our approach is to predict the methods for corrective action that are most likely to
be successful, and to do so without benefit of more comprehensive planning, design and

engineering work. Based on our experience, these methods tend to be the ones that do in fact
work out as the best options. However, they do on occasion increase in magnitude due to
unforeseen circumstances and do also on occasion, decrease in magnitude due to benefit of
unforeseen opportunities.
FILED: ERIE COUNTY CLERK 09/27/2018 04:59 PM INDEX NO. 815185/2017
NYSCEF DOC. John Fenz
Mr. NO. 23 RECEIVED NYSCEF: 09/27/2018
Town of West Seneca
April 28, 2017
Page 11 of 16

In addition, predicting the costs associated with time, effort and work is also difficult at this

early stage of review. This is in part a reflection of the preliminary nature of the review

previously described, but it's also a reflection that costs are often being predicted sometimes a
year or more before they will be incurred for the most part.

Stated another way, it's very important we advise the users of this report that terms used for
'Budgets'
cost opinions have very distinct meanings when presented by this office. have a
different meaning than 'Estimates', which in turn have a different meaning than 'Bids'. For

example:

1. Budgets - This is a form of cost prediction which relies on the lowest level of
information available. No form of real design, engineering or planning has occurred.
'blueprints'
There are no to get bids from. Its typically not clear what specific year the
work will occur and its less certain what type of market conditions, competitions, or
other related concerns may be in effect in the future. Budgets tend to be more of an
guess'
'expert's best assessment and based on studied review, trends and past
experiences.

2. Estimates - This form of cost prediction starts to work with a more defined scope of

work, and in turn, with more cost certainty. The project work is typically not fully
developed but some time related to research, design, engineering, market analysis, etc.
has had a much more fuller opportunity to develop. Input from different design

consultants such as structural, mechanical, electrical, architectural consultants, etc. has


been initiated. A schedule, Owner's input, bid and contract condition analysis, and
'blueprints'
more importantly, some level of design, preliminary and specification
development has also occurred. Estimates tend to be a more refined 'expert's best
guess'
based on more advanced development of actual design work and known project
conditions.

3. Bids - This form of cost prediction is more definitive because it comes in the form of a

very specifically defined contract scope. The cost analysis changes from an expert's

guess as to what other separate parties will charge for their time, effort, work and risk

assessments to an actual commitment from those separate parties. To get to a bid

commitment, the Owner must finalize some form of project scoping document in

advance, most typically in the form of detailed designs, scope of work descriptions, bid
and construction contract requirements, project specifications, scheduling requirements,
etc.

'budget'
For our purposes today, this report is presenting a very preliminary assessment. Our
assessment is as follows:
FILED: ERIE COUNTY CLERK 09/27/2018 04:59 PM INDEX NO. 815185/2017
NYSCEF DOC. John Fenz
Mr. NO. 23 RECEIVED NYSCEF: 09/27/2018
Town of West Seneca
April 28, 2017
Page 12 of 16

A. Structural Repairs:

1. Demolitions:
a. Vinyl siding/soffits/trims
b. Partial exterior wall sheathing
c. Partial wall insulation
d. Partial roof/attic insulation
e. Partial wood stud/plates/blocking
f. Partial interior suspended ceilings
g. Partial electrical disconnects/removals
h. Dumpsters. waste. hauling. removals
$35,800

2. New Work:
a. Temporary protections
b. - staged
Temporary shoring/bracing
'curb'
c. New concrete foundation
d. New foundation elements for door covers
e. New perimeter slab insulation
f. New wall P.T. stud framing / general carpentry
g. New wall P.T. blocking/plates
h. New exterior P.T. structural wall sheathing
i. New door cover frame assemblies
j. Revised/reinstalled electrical at walls
k. Revised data/low-voltage systems at walls
1. Window refurbish/repair/reinstalls
m. New cellular PVC trim board/watershed protection
n. New bituminous wall covering protections
0. New wall insulation at exterior walls
p. Spot repair of wall insulation at select areas per thermal imaging
q. New insulated vinyl siding/trim/accessories
r. New interior drywall at exterior walls
s. New window/door millwork/trim
t. New interior paint
u. New suspended ceiling systems
v. New fire-rated ceiling facings
w. Finished electric fixtures and reinstalls
x. Finished floor protections/repairs/replacement/cleaning
$345,700

B. Roof repairs:

1. Demolitions:
a. Attic insulation removals
b. Attic floor sheathing removals
c. Roof shingle and ice-melt system removals
d. Plywood roof deck removals at center vault assembly
e. Removal of concealed roof/ceiling insulation at center vault assembly
f. Disassemble previous Town Roof Frame Repair work
g. Dumpsters. waste. hauling. removals
$21,000

2. New work:
a. Attic space ventilation modifications (Natural)
b. Attic space ventilation modifications (HVAC Mechanical)
c. New attic insulation at truss bottom chords
d. New roof/ceiling insulation at center truss top chords
e. New roof/ceiling insulation at flat roof joist assemblies
f. Attic space access hatch safety and insulation modifications
g. New attic space floor / HVAC-access route modifications
h. New plywood roof deck at center vault assembly
i. New insulation at center vault assembly
j. Modifications/reconstruction at dormer assemblies
k. New asphalt shingles at sloped roofs
1. New roof edge metal work/trims
m. New eutters and downspouts
$106,100
FILED: ERIE COUNTY CLERK 09/27/2018 04:59 PM INDEX NO. 815185/2017
Mr. John Fenz
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 09/27/2018
Town of West Seneca
April 28, 2017
Page 13 of 16

C. HVAC Change Recommendation:

1. Demolitions:
a. Dis-assemble/remove existing HVAC packaged units from attic spaces
b. Dis-assemble existing combustion air & ventilation mechanical systems
c. Dis-assemble and remove wood frame end walls and related siding for access
d. Dumpsters. waste. hauling. removals
$20,600

2. New work:
a. 4-6 new smaller HVAC units/condensers
b. 2-3 new make-up-air units
c. Revise/reconstruct toilet room exhaust systems
d. Revise/reconstruct duct work systems
e. Reconstruct/refurbish various electrical/mechanical mods
f. Reconstruct/revise wood frame end wall construction
g. New end wall exterior siding
$156,000

D. Cost Opinion Totals:

1. Structural Repairs $381,500


2. Roof Repairs $127,100
3. HVAC Change Recommendation $176.600

Sub-total $685,200
Design-phase contingency (10%) $ 68.520

Sub-total $753,720
Construction Phase Contingency (15%) $113.058

Sub-total $866,778
Professional Fees (9%) $ 78.010

Sub-total $944,788
Project Expenses (5%) $ 47.239

Total Alteration and Repair: $ 992,027


FILED: ERIE COUNTY CLERK 09/27/2018 04:59 PM INDEX NO. 815185/2017
Mr. John Fenz
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 09/27/2018
Town of West Seneca
April 28, 2017
Page 14 of 16

E. Cost Opinion for separate option - Replace Building with code required modifications:

1. Scope
Building Demolition
$45,000

Site work - limited


$120,000

Foundation work - limited


$32,000

Carpentry
Roofing
Siding
Windows/Doors
Finishes
Mechanical/Electrical/Plumbing
Tel/IT/Data/Com
Millwork
Temp Storage / Replacement of FF&E
Etc.
$1,144,000

Sub-total $1,341,000
Design-phase contingency (5%) $ 67.050

Sub-total $1,408,050
Construction-phase contingency (10%) $ 140,805

Sub-total $1,548,855
Professional Fees (9%) $ 139.397

Sub-total $1,688,252
Project Expenses (5%) $ 84.412

Notes:

1. This cost opinion assumes the Davis-Bacon and other related NYS Acts regarding prevailing wage and fringe
benefits will apply to the work.

2. This cost opinion assumes the Wicks Law and other NYS laws regarding the use of multiple prime contractors will
apply to the work.

3. Due to the relatively new nature of the existing construction and it having had occurred after the implementation of
various NYS and Federal laws restricting their use, this cost opinion assumes there is no need to account for the
presence, testing, and/or removal of hazardous materials.
FILED: ERIE COUNTY CLERK 09/27/2018 04:59 PM INDEX NO. 815185/2017
NYSCEF DOC. John Fenz
Mr. NO. 23 RECEIVED NYSCEF: 09/27/2018
Town of West Seneca
April 28, 2017
Page 15 of 16

Observations / Recommendations:

1. The problems we found in this building related to structure will not improve on their
own without intervention, nor in our opinion will they remain stagnant. With a further

understanding the problems are inherent to an improperly designed and engineered

building, our review shows it is highly unlikely that even a more aggressive and
knowledgeable preventative maintenance program will be successful in stopping the

ongoing deterioration and subsequent onset of structural damage the building is already

starting to experience.

2. The problems we found in this building related to heat loss and related building
envelope energy conservation efficiencies will also not improve without intervention.
While the Town may have had some successes in alleviated past problems related to ice

accumulation, our review shows the improvements were not enough to overcome
significant problems inherent to an improperly designed and engineered building
envelope, primarily at the roof assemblies, and that there is evidence that concealed
conditions of deterioration remain.

3. The problems we found related to health and safety standards at emergency egress
doors do not contribute to building deterioration as previously discussed, but they do
represent potential liabilities to the Town.

4. The problems we found related to the design, configuration and inaccessible nature of

the 2 primary HVAC units are not conditions of specific building deterioration or
potential liability as previously referenced. However, it does represent a pending
maintenance and improvement challenge as well as a separate contributor of problems

related to energy efficiency and systems performance. As such, we advise the


improvement of the condition be considered as part of any other improvements being
discussed within this report.

5. Based on our review, and despite clear and professional efforts to properly maintain the

building, it is our professional opinion this building should be considered a poorly

designed, engineered and constructed building. The finding typically results in a

building that does not provide as long of an effective service life as the building should
have been reasonably expected to enjoy. It also typically results in a building that
consumes more excessive effort and resources to maintain over time.

6. Based on our review, we have determined it would be more cost effective to alter and
repair the existing building than to demolish and reconstruct it.

7. And finally, the cost opinions provided in this report are based on a traditional
Design/Bid/Build approach to planning, procurement, and construction typical for the
Western New York market. Please be advised there are other approaches to consider
that are both allowed under NYS public procurement rules and which will likely be
more effective in reducing costs for the work.
FILED: ERIE COUNTY CLERK 09/27/2018 04:59 PM INDEX NO. 815185/2017
NYSCEF DOC. John Fenz
Mr. NO. 23 RECEIVED NYSCEF: 09/27/2018
Town of West Seneca
April 28, 2017
Page 16 of 16

Closing:

Thank you for the opportunity to be of assistance in this matter. Please contact me if you have

any questions or require more information.

Respectfully Submitted,

Building Science Services, LLC

Kenneth W. Pearl, R.A.


NYS Architect Registration No. 025221

Attachments: Exhibits 01 thru 14


FILED: ERIE COUNTY CLERK 09/27/2018 04:59 PM INDEX NO. 815185/2017
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 09/27/2018

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FILED: ERIE COUNTY CLERK 09/27/2018 04:59 PM INDEX NO. 815185/2017
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 09/27/2018

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FILED: ERIE COUNTY CLERK 09/27/2018 04:59 PM INDEX NO. 815185/2017
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 09/27/2018

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FILED: ERIE COUNTY CLERK 09/27/2018 04:59 PM INDEX NO. 815185/2017
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 09/27/2018

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FILED: ERIE COUNTY CLERK 09/27/2018 04:59 PM INDEX NO. 815185/2017
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 09/27/2018

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FILED: ERIE COUNTY CLERK 09/27/2018 04:59 PM INDEX NO. 815185/2017
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 09/27/2018

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FILED: ERIE COUNTY CLERK 09/27/2018 04:59 PM INDEX NO. 815185/2017
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 09/27/2018

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FILED: ERIE COUNTY CLERK 09/27/2018 04:59 PM INDEX NO. 815185/2017
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 09/27/2018
FILED: ERIE COUNTY CLERK 09/27/2018 04:59 PM INDEX NO. 815185/2017
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 09/27/2018

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FILED: ERIE COUNTY CLERK 09/27/2018 04:59 PM INDEX NO. 815185/2017
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 09/27/2018

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FILED: ERIE COUNTY CLERK 09/27/2018 04:59 PM INDEX NO. 815185/2017
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 09/27/2018
FILED: ERIE COUNTY CLERK 09/27/2018 04:59 PM INDEX NO. 815185/2017
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 09/27/2018

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FILED: ERIE COUNTY CLERK 09/27/2018 04:59 PM INDEX NO. 815185/2017
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 09/27/2018

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FILED: ERIE COUNTY CLERK 09/27/2018 04:59 PM INDEX NO. 815185/2017
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 09/27/2018

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FILED: ERIE COUNTY CLERK 09/27/2018 04:59 PM INDEX NO. 815185/2017
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 09/27/2018
FILED: ERIE COUNTY CLERK 09/27/2018 04:59 PM INDEX NO. 815185/2017
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 09/27/2018