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scope of work , I -- CULTEC, INC. Phone: 203-775-4416 - P.O. Box 280 Toll Free: 800-4-CULTEC ',,"'`' Fax: 203 775-1462 ,\-= 878 Federal Road Brookfield, CT 06804 Web: www.cultec.com CULTEC Manufacturer of Contactor®& Recharger° Plastic Drainage Ch nnbers Providing Stormwater & Septic Solutions Since 1986 3J12/ 0143 G,fc-,-- EScs r LJ S{f ►-c [ 1u4;o1, 10y RUHi ''(j � .)urrclt a-+crr.,S j Pi.L� E 1 - ar �IS ``tee L.3 , 6 .Z Fk '4I z. S rr,e.7i,NC3 e . -tIruz1he-e W 7 V P.7-, POrr5 Taer in„ / ►,„ I 11 TOWN OF QUEENSBURY f el,. c Cf ri a BUILDING DEPARTMENT Based on our limited examination,compliance with our comments shall not be construed as Z indicating pl the plans and specifications are in (6./�� 1 i.. o c�a a 6 ,,I, K 2t kv T (Ate) Ne full w York State, with the Building Codes of ko= OAS rae6-40 FILE COPY K2.--z..9..10, .5-7 or- .„--..?..,,-... 67,:"z, /-3) , I< - C/ -A A', ka 10 Z (r,s L -41) (O- ' (1t (Q t 0.©'(14 1,1'71' 1,3'7 V - 9© �'P� C� C� CC� O �JC� 1 €xp©uw. 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Box 280 Toll Free: 800-4-CULTEC 878 Federal Road Fax: 203-775-1462 Brookfield, CT 06804 Web: www.cultec.com CULTEC Manufacturer of Contactor®& Recharger(' Plastic Drainage Chambers Providing Stormwater & Septic Solutions Since 1986 g = a 0,9Z.5 I + 1 �'3i) 0,11)1- 09$�1 + 0 .4 1 C � / 4 i70.)(Q,31) J = �.9zs 14- I,-r o.3r)(SS9) 3,15 (a32.5) I, ', I i f r,7(3.Y ,31) 2.79 � 1 L 1 C� 0, 30 F= .1., GeT Ac f: a 3.76)( 3) 0..3 (LOC) I0il, s / J e+S L? )' hn QQJ (7 901(9C ,.,, 145 /), . iii' S scv,t- 4,.r / r/) M 7 70 7 `A., s7P4/ z Pali P- - ,ci c. . c.e 4 4 ? 7,) cr4(0,i) I 'e - IaS,Sps'; -=- Tref 32 Z-( ) 7.: 33,67if\' -roe 74 5y , PPIc 3 Z u t 33.67‹ 51 Rcil1C,r'� A l 4 ` amr� f i? 75,$ ` 54/ 2.:r,' Ytyu,rtcI. 14060,1 f6 I DELI FOR Ft c ,r_SF , a _ gns,- .3;%: • CULTEC, INC. Phone: 203-775-4416 P.O. Box 280 Toll Free: 800-4-CULTEC 878 Federal Road Fax: 203-775-1462 Brookfield, CT 06804 Web: www.cultec.com CULTEC Manufacturer of uritactor'Se Recharger® Plastic Orairiage Chambers Providing Stormwater & Septic Solutions Since 1986 4 70P I-, ; -64.4) c 9(f) 1 el 4) 14? 13 61 ) ml 12_ Ch, L 1-P2" F ( 532-) (. )(-).; z_00) 667. bbs @7' 6541/1 (7) ci,i -Pi' 913.y • RCideA 5 01/C C419 76+ ( 'In3 I IC) )4 5 33.47 t©, ))6 svP-02._ poi, 0017 SkA0G, 5-60-te+ki re- Po irt 014,a,- 4CIe' -20 kyleA s-ucot-I54 ' IECEOWErj 11 MAR 29 2019 TOWN OF OUEENSBURY BUILDING & CODES 1, T 33 ,1vfX#t FILE COPY Reference Number: PJB191038 MASTER SERVICES AGREEMENT TASK ORDER This TASK ORDER is issued under the MASTER SERVICES AGREEMENT dated 04/17/2018 between The Great Escape Theme Park,L.P.("Client") and Dente Group("Consultant")for Services to be provided by Consultant for Client on the Great Escape Theme Park 2019 Materials Testing project ("Project"), as described in the Project Information section of the Consultant's Task Order Proposal dated 03/18/2019("Task Order Proposal")unless the Project is otherwise described below or in Exhibit A to this Task Order(which section or Exhibit are incorporated into this Task Order).This Task Order is incorporated into and part of the Master Services Agreement. 1. Project Information Projects are located at the Six Flags Great Escape Theme Park in Queensbury,NY. This proposal covers materials testing projects being performed at the park for 2019. 2. Scope of Services The scope of Services to be provided under this Task Order are described in the Scope of Services section of the Consultant's Task Order Proposal,unless Services are otherwise described below or in Exhibit B to this Task Order. Perform construction related testing and inspection services including:concrete,soils,structural steel. The actual services provided will be dependent upon the actual project specific requirements. NYS Special Inspections may also be provided if required by the Code Enforcement Official. In general, concrete testing will consist of field sampling and testing including slump, air content, temperature,fabrication of concrete test cylinders, transporting the cylinders to our laboratory the business day following the placement, and laboratory curing and compressive strength testing of the concrete cylinders. In general,soil testing will include observation of foundation bearing grades,slab subgrades, in place density testing of soils for compaction via nuclear methods, and laboratory testing including sieve analysis and standard/modified proctor testing. In general, structural steel observation will include visual observation of bolting,weldments and member sizes. 3. Compensation Client shall pay compensation for the Services performed at the fees stated in the Task Order Proposal unless fees are otherwise stated below or in Exhibit C to this Task Order. See attached Unit Fee Schedule. Our services are proposed on a unit fee basis. Only those services performed will be invoiced monthly. Invoices are due in 30 days unless otherwise stipulated in the Master Services Agreement(attached for reference purposes). All terms and conditions of the Master Services Agreement shall continue in full force and effect. This Task Order is accepted and Consultant is authorized to proceed. Consultant: Dente Grou Client: The Great Escape Theme Park, L.P. By: [ 3/18/2019 By: Date: Name/Title: }oscl'ph L. Robichaud,Jr./Office Manager I Name/Title: Dean Hyatt/ Address: 594 Broadway Address: 1172 Route 9 Watervliet, NY 12189-3709 Queensbury, NY 12804 Phone: (518)266-0310 Fax: (518)266-9238 Phone: Fax: Email: Joe.Robichaud@terracon.com Email: dhyatt@sftp.com Page 1 of 1 Rev.7-18 D T E A1rerracon COMPANY SERVICE DESCRIPTION UNIT RATE Jr. Engineering Technician ACI- Level I and Troxler Certified to perform in place soil density or $40.00/Hour field concrete tests, pick up and transport samples to our laboratory. (Minimum 2 Hours per site visit- portal to portal) Overtime in excess of 8 Hours per Day, Saturday and Sunday $60.00/Hour Sr. Engineering Technician ACI-Level I/II and Troxler Certified to perform earthwork, reinforcing $55.00/Hour steel, masonry observation and testing, asphalt pavement observation and testing, fireproofing, $60.00/Probe caulking, install RH probes and moisture vapor emission test kits $60.00/Kit (Minimum 2 Hours per site visit-portal to portal) Overtime in excess of 8 Hours per Day, Saturday and Sunday $80.00/Hour Certified Welding Inspector(AWS)for Visual, MP&UT Testing of Welds, Structural Steel $95.00/Hour Framing/Bolting,Wood Framing(Min.4 hours/visit) Overtime more than 8 Hours per Day, Saturday and Sunday $140.00/Hour Sr. Geotechnician for observation of deep foundation installations $75.00/Hour Sr. Engineering Technician to perform floor flatness/floor levelness testing of slabs $75.00/Hour Face Dipstick Profiler equipment and software $250.00/Day Field Engineer, EIT/Field Geologist $100.00/Hour Geologist, PG $125.00/Hour Sr. Geotechnical Engineer, P.E. $135.00/Hour Principal Engineer, P.E. $170.00/Hour Laboratory Services(Soils) A. Sieve Analysis ASTM D6913 $40.00/Each B. Sieve Analysis w/Hydrometer ASTM D421 /422 $100.00/Each C. Standard/Modified Proctor ASTM D698/D1557 $130.00/Each D. pH of Topsoil ASTM D4972 $15.00/Each E. Organic Matter Combustion Method ASTM D2974 $50.00/Each Laboratory Services(Concrete/Masonry) A. Curing and Compression Testing of 6 x 12 cylinders-ASTM C39 $10.00/Each B. Compression Grout Samples-ASTM C1019 $30.00/Each C. Compression Testing of Mortar samples-ASTM C109 $12.00/Each Transportation—Portal to portal $0.60/Mile Our Agreement forms a part of all proposals Dente Group,A Terracon Company 594 Broadway Watervliet, NY 12189 P(518)266 0310 F(518) 266 9238 terracon.com Environmental • Facilities • Geotechnical • Materials - DENT MASTER SERVICES AGREEMENT Reference Number:JBI8MSA313 This MASTER SERVICES AGREEMENT("MSA")is between The Great Escape Theme Park,L.P.("Client")and Terracon Consultants-NY,Inc.d.b.a. Dente Group,its subsidiaries and affiliates,("Consultant")for Services to be provided by Consultant on projects as described in the Project Information section of individual Task Orders or Task Order Proposals(which sections are incorporated into this MSA).For purposes of this MSA,"Client"shall include The Great Escape Theme Park,L.P.,its subsidiaries and affiliates. 1. Scope of Services.The scope of Consultant's services("Services")will be set forth in the Scope of Services section of an individual Task Order,or Task Order Proposal (which sections are incorporated into this MSA). Portions of the Services may be subcontracted. Consultant's Services do not include the investigation or detection,nor do recommendations in Consultant's reports address the presence or prevention of biological pollutants(e.g., mold,fungi,bacteria,viruses,or their byproducts)or occupant safety issues,such as vulnerability to natural disasters,terrorism,or violence.If Services include purchase of software,Client will execute a separate software license agreement.Consultant's findings,opinions,and recommendations are based solely upon data and information obtained by and furnished to Consultant at the time of the Services. 2. Acceptance/Termination.Client agrees that execution of this MSA is a material element of the consideration Consultant requires to execute the Services,and if Services are initiated by Consultant prior to execution of this MSA as an accommodation for Client at Client's request,both parties shall consider that commencement of Services constitutes formal acceptance of all terms and conditions of this MSA.Additional terms and conditions may be added or changed only by written amendment to this MSA signed by both parties.In the event Client uses a purchase order or other form,including email authorization,to administer this MSA,the use of such form shall be for convenience purposes only and any additional or conflicting terms it contains are stricken.This MSA shall not be assigned by either party without prior written consent of the other party. Either party may terminate this MSA or the Services upon written notice to the other.In such case,Consultant shall be paid costs incurred and fees earned to the date of termination plus reasonable costs of closing the project. 3. Change Orders.Client may request changes to the scope of Services by altering or adding to the Services to be performed. If Client so requests, Consultant will return to Client a statement(or supplemental proposal)of the change setting forth an adjustment to the Services and fees for the requested changes.Following Client's review,Client shall provide written acceptance.If Client does not follow these procedures,but instead directs,authorizes,or permits Consultant to perform changed or additional work,the Services are changed accordingly and Consultant will be paid for this work according to the fees stated or its current fee schedule.If project conditions change materially from those observed at the site or described to Consultant at the time of proposal,Consultant is entitled to a change order equitably adjusting its Services and fee. 4. Compensation and Terms of Payment.Client shall pay compensation for the Services performed at the fees stated in the Compensation section of the individual Task Order,or Task Order Proposal(which sections are incorporated into this MSA). If not stated in either,fees will be according to Consultant's current fee schedule.Fee schedules are valid for the calendar year in which they are issued. Fees do not include sales tax.Client will pay applicable sales tax as required by law. Consultant may invoice Client at least monthly and payment is due upon receipt of invoice.Client shall notify Consultant in writing,at the address below,within 15 days of the date of the invoice if Client objects to any portion of the charges on the invoice,and shall promptly pay the undisputed portion.Client shall pay a finance fee of 1.5%per month,but not exceeding the maximum rate allowed by law,for all unpaid amounts 30 days or older.Client agrees to pay all collection-related costs that Consultant incurs,including attorney fees.Consultant may suspend Services for lack of timely payment.It is the responsibility of Client to determine whether federal,state,or local prevailing wage requirements apply and to notify Consultant if prevailing wages apply. If it is later determined that prevailing wages apply,and Consultant was not previously notified by Client, Client agrees to pay the prevailing wage from that point forward,as well as a retroactive payment adjustment to bring previously paid amounts in line with prevailing wages. Client also agrees to defend,indemnify,and hold harmless Consultant from any alleged violations made by any governmental agency regulating prevailing wage activity for failing to pay prevailing wages,including the payment of any fines or penalties. 5. Third Party Reliance.This MSA and the Services provided are for Consultant and Client's sole benefit and exclusive use with no third party beneficiaries intended.Reliance upon the Services and any work product is limited to Client,and is not intended for third parties.For a limited time period not to exceed three months from the date of the report, Consultant will issue additional reports to others agreed upon with Client, however Client understands that such reliance will not be granted until those parties sign and return Consultant's reliance agreement and Consultant receives the agreed- upon reliance fee. 6. LIMITATION OF LIABILITY.CLIENT AND CONSULTANT HAVE EVALUATED THE RISKS AND REWARDS ASSOCIATED WITH THIS MSA, INCLUDING CONSULTANT'S FEE RELATIVE TO THE RISKS ASSUMED, AND AGREE TO ALLOCATE CERTAIN OF THE ASSOCIATED RISKS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF CONSULTANT (AND ITS RELATED CORPORATIONS AND EMPLOYEES)TO CLIENT AND THIRD PARTIES GRANTED RELIANCE IS LIMITED TO THE GREATER OF$100,000 OR THE COMPENSATION PAID TO CONSULTANT FOR THE SPECIFIC PROJECT TASK ORDER IN DISPUTE, FOR ANY AND ALL INJURIES, DAMAGES,CLAIMS,LOSSES,OR EXPENSES(INCLUDING ATTORNEY AND EXPERT FEES)ARISING OUT OF CONSULTANT'S SERVICES OR THIS MSA. PRIOR TO ACCEPTANCE OF THIS AGREEMENT AND UPON WRITTEN REQUEST FROM CLIENT,CONSULTANT MAY NEGOTIATE A HIGHER LIMITATION FOR ADDITIONAL CONSIDERATION. THIS LIMITATION SHALL APPLY REGARDLESS OF AVAILABLE PROFESSIONAL LIABILITY INSURANCE COVERAGE, CAUSE(S) OR THE THEORY OF LIABILITY, INCLUDING NEGLIGENCE, INDEMNITY, OR OTHER RECOVERY. THIS LIMITATION SHALL NOT APPLY TO THE EXTENT THE DAMAGE IS PAID UNDER CONSULTANT'S COMMERCIAL GENERAL LIABILITY POLICY. 7. Indemnity/Statute of Limitations.Consultant and Client shall indemnify and hold harmless the other and their respective employees from and against legal liability for claims,losses,damages,and expenses to the extent such claims,losses,damages,or expenses are legally determined to be caused by their negligent acts,errors,or omissions.In the event such claims,losses,damages,or expenses are legally determined to be caused by the joint or concurrent negligence of Consultant and Client,they shall be borne by each party in proportion to its own negligence under comparative fault principles. Neither party shall have a duty to defend the other party,and no duty to defend is hereby created by this indemnity provision and such duty is explicitly waived under this MSA. Causes of action arising out of Consultant's services or this MSA regardless of cause(s)or the theory of liability, including negligence,indemnity or other recovery shall be deemed to have accrued and the applicable statute of limitations shall commence to run not later than the date of Consultant's substantial completion of services on the project. 8. Warranty.Consultant will perform the Services in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions in the same locale. EXCEPT FOR THE STANDARD OF CARE PREVIOUSLY STATED, CONSULTANT MAKES NO WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, RELATING TO CONSULTANT'S SERVICES AND CONSULTANT DISCLAIMS ANY IMPLIED WARRANTIES OR WARRANTIES IMPOSED BY LAW, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Page 1 of 2 Rev.6-15 DE T 9. Insurance.Consultant represents that it now carries,and will continue to carry:(i)workers'compensation insurance in accordance with the laws of the states having jurisdiction over Consultant's employees who are engaged in the Services,and employer's liability insurance($1,000,000);(i)commercial general liability insurance($1,000,000 occ/$2,000,000 agg);(iii)automobile liability insurance($1,000,000 B.I.and P.D.combined single limit); and(iv) professional liability insurance ($1,000,000 claim/agg).Certificates of insurance will be provided upon request.Client and Consultant shall waive subrogation against the other party on all general liability and property coverage. 10. CONSEQUENTIAL DAMAGES.NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOSS OF PROFITS OR REVENUE;LOSS OF USE OR OPPORTUNITY;LOSS OF GOOD WILL; COST OF SUBSTITUTE FACILITIES,GOODS,OR SERVICES;COST OF CAPITAL; OR FOR ANY SPECIAL,CONSEQUENTIAL,INDIRECT,PUNITIVE,OR EXEMPLARY DAMAGES. 11. Dispute Resolution.Client shall not be entitled to assert a Claim against Consultant based on any theory of professional negligence unless and until Client has obtained the written opinion from a registered,independent,and reputable engineer, architect,or geologist that Consultant has violated the standard of care applicable to Consultant's performance of the Services.Client shall provide this opinion to Consultant and the parties shall endeavor to resolve the dispute within 30 days, after which Client may pursue its remedies at law.This MSA shall be governed by and construed according to New York law. 12. Subsurface Explorations. Subsurface conditions throughout the site may vary from those depicted on logs of discrete borings,test pits,or other exploratory services.Client understands Consultant's layout of boring and test locations is approximate and that Consultant may deviate a reasonable distance from those locations. Consultant will take reasonable precautions to reduce damage to the site when performing Services;however,Client accepts that Invasive services such as drilling or sampling may damage or alter the site.Site restoration is not provided unless specifically included in the Services. 13. Testing and Observations.Client understands that testing and observation are discrete sampling procedures,and that such procedures indicate conditions only at the depths,locations,and times the procedures were performed.Consultant will provide test results and opinions based on tests and field observations only for the work tested.Client understands that testing and observation are not continuous or exhaustive,and are conducted to reduce -not eliminate-project risk.Client agrees to the level or amount of testing performed and the associated risk.Client is responsible(even if delegated to contractor)for requesting services,and notifying and scheduling Consultant so Consultant can perform these Services.Consultant Is not responsible for damages caused by services not performed due to a failure to request or schedule Consultant's services. Consultant shall not be responsible for the quality and completeness of Client's contractor's work or their adherence to the project documents, and Consultant's performance of testing and observation services shall not relieve Client's contractor in any way from its responsibility for defects discovered in its work, or create a warranty or guarantee.Consultant will not supervise or direct the work performed by Client's contractor or its subcontractors and is not responsible for their means and methods. 14. Sample Disposition,Affected Materials,and Indemnity.Samples are consumed in testing or disposed of upon completion of tests(unless stated otherwise in the Services).Client shall furnish or cause to be furnished to Consultant all documents and information known or available to Client that relate to the Identity,location,quantity,nature,or characteristic of any hazardous waste, toxic,radioactive, or contaminated materials("Affected Materials')at or near the site,and shall immediately transmit new,updated,or revised information as It becomes available.Client agrees that Consultant is not responsible for the disposition of Affected Material unless specifically provided in the Services,and that Client Is responsible for directing such disposition. In the event that test samples obtained during the performance of Services(i)contain substances hazardous to health, safety, or the environment,or(II)equipment used during the Services cannot reasonably be decontaminated,Client shall sign documentation(if necessary)required to ensure the equipment and/or samples are transported and disposed of properly,and agrees to pay Consultant the fair market value of this equipment and reasonable disposal costs.In no event shall Consultant be required to sign a hazardous waste manifest or take title to any Affected Materials.Client shall have the obligation to make all spill or release notifications to appropriate governmental agencies.The Client agrees that Consultant neither created nor contributed to the creation or existence of any Affected Materials conditions at the site.Accordingly,Client waives any claim against Consultant and agrees to indemnify and save Consultant,its agents,employees,and related companies harmless from any claim,liability or defense cost including attorney and expert fees,for injury or loss sustained by any party from such exposures allegedly arising out of Consultant's non-negligent performance of services hereunder,or for any claims against Consultant as a generator,disposer,or arranger of Affected Materials under federal,state,or local law or ordinance. 15. Ownership of Documents.Work product,such as reports, logs,data,notes, or calculations, prepared by Consultant shall remain Consultant's property.Proprietary concepts,systems,and ideas developed during performance of the Services shall remain the sole property of Consultant.Files shall be maintained in general accordance with Consultant's document retention policies and practices. 16. Utilities.Client shall provide the location and/or arrange for the marking of private utilities and subterranean structures.Consultant shall take reasonable precautions to avoid damage or injury to subterranean structures or utilities.Consultant shall not be responsible for damage to subterranean structures or utilities that are not called to Consultant's attention,are not correctly marked,including by a utility locate service,or are incorrectly shown on the plans furnished to Consultant. 17. Site Access and Safety. Client shall secure all necessary site related approvals, permits,licenses,and consents necessary to commence and complete the Services and will execute any necessary site access agreement Consultant will be responsible for supervision and site safety measures for its own employees,but shall not be responsible for the supervision or health and safety precautions for any other parties,including Client,Client's contractors,subcontractors,or other parties present at the site. Consultant: Terracon Consultants•NY,Inc. Client. The Great Escape Theme Park,L.P. d.b.a.Dente Group f--- By: '"��r°Yr:,t,,A Date: 4.1 i-18 By: Date: y= Joseph Robichaud,Jr.,P.E./DepartmentNametritle: NameTitie:Manager.Materials [ PAR K T25CS ICE NT Address: 594 Broadway Address: ilia (oLcrE c1 Watervliet,NY 12189 rat f221 , tJ lI li.$pt} Phone: (618)266-0310 Fax: (518)266-9238 Phone: 5 t jf-`?'f 3,-3 5cy Fax: 5 1 g-'1 -3 i)U 4-f Email: Joe.robichaud5terracon.com Email: Reference Number.JB18MSA313 Page 2 of 2 Rev.6-15 JARRET T Engineers, PLLG Cltal&E.iMrornanerttal Engineenng May 30,2019 Town of Queensbury—Building&Codes Attn: Dave Hatin,Director 742 Bay Road Queensbury,NY 12804 daveh@queensbury.net Re: Six Flags Great Escape Shade Structures Qby Permit#AST-0161-2019 JE#01-054.69 Dear Dave: This letter is to certify that representatives from this office have periodically visited The Great Escape to observe the construction of the `Shade Structures'. Based on our observations, we believe that the Shade Structures have been constructed substantially in conformance with the approved design plans entitled `Shade Structure' Six Flags Great Escape, revision 1 dated 05/02/2019. If you have any questions, please do not hesitate to contact us at (518)792-2907 or bholmes@jarrettengineers.com. Sincerely, JARRETT Engineers, PLLC 30 /f@�@@@ 22:20:201 -0 � `-`' 12:20:23 -04'00' Robert U. Holmes II, P.E. Project Manager Ecopy(ies)w/encl: John O'Brien johno@queensbury.net Dean Hyatt dhyatt sftp.com F:\DataFile\2001 Project Files\Grt Esc Proj\01-054 Great Escape Venues\01-054.68 Hurricane Harbor\Work Docs\01054.68 190523 Cert ltrs\Srce Files\01054.68 190530 Fn1 Shade Cert Ltr.doc 12 East Washington Street 518-792-2907 Glens Falls,NY 12801