3.13 3.13
SERVICES\Chazen Brownfield Opportunity Area Grant Step 2—6-17-19
RESOLUTION AUTHORIZING ENGAGEMENT OF
THE CHAZEN COMPANIES TO COMPLETE THE
SOUTH QUEENSBURY BOA NOMINATION STUDY
RESOLUTION NO.: , 2019
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, by Resolution No.: 27,2017, the Queensbury Town Board authorized the
submittal of a Brownfield Opportunity Area(BOA)Nomination Study grant application to advance
activities identified in the Queensbury South BOA Pre-Nomination Study and to seek official
designation as a BOA, and
WHEREAS, by Resolution No.: 294,2018, the Town Board authorized: 1) acceptance of
One Hundred Thousand dollars ($100,000) in grant funds from the New York State Department of
State (NYS DOS); 2) the Town's ten percent (10%) in-kind services match of Eleven Thousand
One Hundred Eleven dollars ($11,111) bringing the total project budget to One Hundred Eleven
Thousand One Hundred Eleven dollars ($111,111); and 3) creating appropriations and revenues
associated with the grant funds, and
WHEREAS, by Resolution No. 469, 2018, the Town Board authorized the engagement of
The Chazen Companies (Chazen) for provision of engineering technical services to the Town for
Fiscal Year 2019, and
WHEREAS, Chazen has developed a strong understanding of the BOA study area, citizens,
stakeholders, and the issues and opportunities through its prior work on both the Queensbury South
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BOA Pre-Nomination Study and the Hudson-CIBA Waterfront Revitalization Plan, and
WHEREAS, Section 3(C)(2) of the Town Purchasing Policy allows single source
procurement of professional services under the circumstances outlined above, and
WHEREAS, NYS DOS staff have concurred that single source procurement is appropriate
under the circumstances outlined above, and
WHEREAS, the proposed contract has been reviewed by the NYS Department of State and
the Town's Community Development staff, and
WHEREAS, the Town Board wishes to engage the services of The Chazen Companies to
assist in the completion of the South Queensbury BOA Nomination Study as delineated in The
Chazen Company's proposal dated January 2, 2019, Revised January 21, 2019, revised June 12,
2019 and presented at this meeting, for amounts not to exceed One Hundred Thousand Dollars
($100,000),
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement
of The Chazen Companies to assist in the completion of the South Queensbury BOA Nomination
Study for the Town as delineated in The Chazen Company's proposal dated January 2, 2019,
Revised January 21, 2019, revised June 12, 2019 in substantially the form presented at this meeting
for an amount not to exceed One Hundred Thousand Dollars($100,000), and
BE IT FURTHER,
RESOLVED,that such services shall be paid for from Account#176-8030-4400-2018, and
BE IT FURTHER,
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RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute any necessary documentation and the Town Supervisor, Senior Planner and/or Town
Budget Officer to take all action necessary to effectuate the terms of this Resolution.
Duly adopted this 17th day of June, 2019, by the following vote:
AYES :
NOES :
ABSENT:
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THE
NORTH COUNTRY OFFICE
1 'hazn Civil Engineers Land Surveyors 20 Elm Street, Suite 110
— Planners Glens Falls, NY 12801
COM PAN I ES' Environmental&Safety Professionals P: 518.812.0513 or 888.539.9073
Landscape Architects
Proud to be Employee Owned Transportation Planners&Engineers www.chazencompanies.com
January 2, 2019
Revised January 21, 2019
revised June 12, 2019
Mr. Stuart Baker,Sr. Planner
Town of Queensbury
742 Bay Road
Queensbury, NY 12804
Re: Proposal for Professional Services
South Queensbury BOA Nomination Study—NYSDOS Contract C1001071
Chazen Job No. 91800.49
Dear Mr. Baker:
Thank you for the opportunity to submit this proposal for professional services in support of preparation of
the South Queensbury Brownfield Opportunity Area (BOA) Nomination Study. The Town previously
completed a BOA Pre-Nomination Study(Step 1) as well as the Hudson CIBA Waterfront Revitalization Plan
which were funded by the NYSDOS.
The Town was successful in securing funding from NYS DOS to prepare a Nomination Study which is described
in the DOS Work Plan (Contract C1001071). The Chazen Companies(Chazen) proposes the following to
achieve the Town's objectives and satisfy the requirements of the DOS Work Plan,we provide NYS DOS Work
Plan citations where appropriate.
SCOPE OF SERVICES
TASK 1: Project Initiation& Nomination Study Outreach
We will provide services to complete the DOS BOA Work Plan Components 1 (Project Setup)and 3
(Community Participation and Techniques to Enlist Partners) as follows:
A. NYS DOS Task 1.5: Project Scoping Session
We will coordinate and assist with the scoping session, including preparation of a brief meeting
summary to clearly indicate the agreements/understanding reached at the meeting. This will form
the basis for future work efforts.
B. NYS DOS Task 1.6: Project Outline
We will prepare a project outline for the Nomination Study that reflects the outcome of the project
scoping meeting.
C. NYS DOS Task 3.1: Community Participation Summary
We will develop a community participation plan for the Nomination Study;the Plan will be updated as
necessary. Participation techniques will be employed throughout the planning process to ensure the
sharing of information and public engagement. Our scope includes attendance/participation in four
HUDSON VALLEY• CAPITAL DISTRICT• NORTH COUNTRY• WESTCHESTER•TENNESSEE
Chazen Engineering, Land Surveying&Landscape Architecture Co., D.P.C.(New York)
Chazen Engineering Consultants, LLC(Tennessee)
Stuart Baker
January 2,2019
Revised January 21,2019
Last Revised June 12,2019
Page 3 of 6
• A Wayfinding and Gateways signage program.
• Other infill opportunities in the study area.
the Town would like to advance the design of the Feeder Canal Heritage Trail Visitor Center to a level of detail
that will support development of a construction cost estimate,this will be completed under this task.
E. NYS DOS Task 4.6: Focused Dialogue for CIBA—Geigy Site
Chazen will facilitate two (2) meetings with BASF, owners of the former CIBA-Geigy site to further
discuss re-use opportunities of the site. Re-use options include development of community solar and
improved waterfront access.
F. NYS DOS Task 4.7: Review of Strategic Brownfield Sites
Prior to completion of the summary analysis and findings,the contractor shall hold discussions with
DEC and DOS regarding the identified strategic brownfield sites that may be candidates for site
assessment funding. The recommended discussions will serve to aid in prioritizing the sites that may
be eligible for Site Assessment funding or technical assistance under BOA,the State's remedial
programs (i.e., Environmental Restoration Program, or Brownfield Cleanup Program), or other
programs.
Product: List of candidate sites to be considered for Site Assessment funding.
G. NYS DOS Task 4.8: Interagency/Partner Engagement and
NYS DOS Task 4.9: Implementation Strategy
Chazen will participate in a meeting (if conducted)organized by the Town and NYS DOS to discuss
potential state/county/local partners to advance key Nomination Study projects.
As a result of all prior work;goals and recommendations developed during the draft Nomination Study
will be organized in an implementation matrix—describing the action, responsible party,timeframe
and whether a short-term or long-term action.
H. NYS DOS Task 5.1: Draft Nomination and Executive Summary
We will prepare the initial draft Nomination and Executive Summary, reflecting the ideas and views
expressed during the community participation process.
TASK 3: Final Nomination Study
This effort correlates to BOA Work Plan Component 6(Final Nomination/Advancing to BOA Program),as
follows:
A. NYS DOS Task 6.1 Public Meeting
As a component of public outreach, we will present the Nomination Study at public meeting and seek
input.
B. NYS DOS Task 6.2: Preparation of Final Nomination
Preparation of the Final Nomination.
C. NYS DOS Task 6.3: Application for Designation Package.
Preparation of Application for Designation of the BOA with assistance from the Town, including:
Stuart Baker
January 2,2019
Revised January 21,2019
Last Revised June 12,2019
Page 5 of 6
PROFESSIONAL SERVICES FEE &TIME SCHEDULE
Chazen proposes to bill each task as indicated in the following Fee&Time Schedule Summary. Invoices will be
issued monthly for all services performed during that month and are payable upon receipt. Lump Sum tasks
will be billed commensurately with the percentage of the task that has been completed. Estimated Time and
Materials tasks will be invoiced based on the actual hours incurred in accordance with the Rate Schedule in
effect at the time of providing services. A copy of our current Billing Rate Schedule is attached to this proposal.
Reimbursable expenses,which include our direct expenses, such as mileage, overnight mailings, extensive
photocopying and map reproductions,will be tracked under Task RE00.
Fee Schedule Summary Table
Tasks Fee Estimates
Task No. Task Description Lump Sum Time&Materials
Estimate
1 Initiation/ $7,500
Nomination Study Outreach
2 Draft Nomination $62,500
3 Final Nomination $20,000
4 NYS Environmental Review $5,000
5 DOS Grant Administration and $4,000
Reporting
RE00 Reimbursables $1,000
Fee Subtotals $99,000 $1,000
Total Estimated Fee Budget $100,000
Chazen will engage the services of a NYS certified woman and or minority owned business (M/WBE)
subconsultant(s)to satisfy the NYSDOS contract goals.
•
Professional Services Agreement
Project Name: South Queensbury BOA Nomination Study Proposal Number:
DOS Contract C1001071 Project Number: 91800.49
AGREEMENT MADE this 2nd day of January 2019 by and between Chazen Engineering, Land Surveying &
Landscape Architecture Co., D.P.C. (CELSLA), a New York professional corporation with its principal place of
business at 21 Fox Street, Poughkeepsie, New York 12601 (hereafter referred to as "The Chazen Companies" or
"Chazen") and The Town of Queensbury(hereafter referred to as"Client").
1. PURPOSE:Client hereby retains Chazen to perform the services described in the Proposal For Professional Services
dated Januarv2, 2019 which is hereby made a part of this Agreement. The work to be performed is also described in the
NYSDOS Work Plan for Contract C1001071. Any subcontract for the performance of this work shall be subject to the
review and approval of the NYSDOS.
2. COMPENSATION: Chazen's compensation for services shall be as stated in the Proposal For Professional Services.
Chazen shall submit invoices on or about the tenth day of each month.Invoices shall be payable upon receipt. Invoices
not paid within 30 days will be assessed a finance charge of 1.5%per month.At the beginning of each calendar year
Chazen reserves the right to adjust its billing rates in accordance with Chazen's new annual fee schedule. Chazen may
suspend its performance under this Agreement until all delinquent amounts due for services and expenses have been
paid.All amounts due and owed Chazen under this Agreement shall be paid in full at the completion of services. Chazen
may refuse to release reports,maps and materials prepared by Chazen for Client until all arrearages are paid in full.If
Chazen is required to retain an attorney and/or collection agency to collect amounts due Chazen under this Agreement,
Client agrees to pay Chazen's reasonable attorney's and/or collection fees together with the costs and disbursements of
any such action.
❑x Upon execution,payment is due for services completed to date that are included in the Proposal for
Professional Services.
HFinal payment will be due upon delivery of the final work product(e.g. report,survey,etc.).
3. COOPERATION:Client agrees to keep Chazen and NYSDOS informed of changes to the project scope and schedule,and
shall arrange for and provide Chazen entry to property in order to perform the services.Client shall give Chazen prompt
notice of any potentially hazardous or injurious conditions Client knows of or has reason to know of which may be present
on property Chazen must enter.Client agrees to allow Chazen to use photographic images,along with information about
the project and/or a description of the services provided, for promotional purposes without restriction or monetary
compensation. Chazen agrees to comply with all applicable terms and conditions contained in the Agreement
between the Town of Queensbury and the NYSDOS Contract C1001071. In an event of a conflict between
this agreement and the state assistance agreement, the terms of the state assistance agreement shall prevail.
4. PROJECT DOCUMENTS:
A. All Documents which may include,but are not limited to,Plans,Specifications,Survey Plats,Technical Reports
and Correspondence are instruments of service with respect to this Project, and Chazen shall retain an
ownership and property interest therein, including the right to reuse the Documents. The right to alter the
Documents belongs only to Chazen except as follows. By acceptance of this agreement, Chazen Companies
transfers to the New York State Department of State (the Department)and the Client, a nonexclusive license
to use, reproduce in any medium, and distribute any work prepared for or in connection with the Project,
including but not limited to reports,maps,designs,plans,analysis and documents regardless of the medium in
which they were originally produced. Chazen Companies warrants to the Department and the Client that it
has sufficient title or interest in such works to license pursuant to this agreement.Such warranty shall survive
the termination of this agreement. Chazen Companies agrees to provide the original of such work, or a copy
thereof which is acceptable to the Department before payments shall be made under this agreement
B. Client and Client's contractors or other consultants may rely only upon printed copies (also known as hard
copies)of Documents that are signed and sealed by a Licensed Professional employed by Chazen.If there is any
discrepancy between printed copies and any electronic copies,the most recent version of the printed and certified
copies govern.
C. Any electronic copies (files) provided will be provided solely as a convenience and shall NOT be considered
"Contract Documents,""Construction Documents"or any type of certified document.All documents considered
"Contract Documents,""Construction Documents"or any type of certified document shall consist only of printed
copies having an original signature and seal of a Licensed Professional employed by Chazen.
2018-V1 The Chazen Companies Page 1 of 3
•
Professiona? Services Agreement
Project Name: South Queensbury BOA Nomination Study Proposal Number:
DOS Contract C1001071 Project Number: 91800.49
9. ENTIRE AGREEMENT: This Agreement and any attachments and exhibits identified herein represent all of the
promises,agreements,conditions,understandings,and undertakings between Client and Chazen.
10. AMENDMENTS:This Agreement shall bind Client and Chazen and their successors and assigns. The parties may,by
written agreement(s),modify and amend this Agieement.Any such amendment must be in writing and be signed by the
party against whom enforcement of the amendment is sought.No breach of any part of this Agreement shall be deemed
waived unless expressly waived in writing by the party who might assert such a breach.The failure of any party to insist
in any one or more instances upon strict performance of this Agreement shall not be construed as a waiver of the right to
insist upon strict performance.
11. GOVERNING LAW:This Agreement shall be governed and construed by the laws of the State of New York.For purposes
of any legal action or suit related to or arising out of this Agreement venue shall be Dutchess County,New York.
12. COUNTERPARTS: This Agreement, and any amendments or revisions thereto, may be executed in two or more
counterparts each of which shall be deemed an original, but which together shall constitute one and the same
instrument(s).
13. REPRESENTATIONS:Client and Chazen state that each has full power and authority to make, execute and perform
this Agreement. Signatory for Client states that he is an officer, owner, partner, agent or attorney for Client. Neither
Client nor Chazen is bankrupt or have availed themselves of any debtor's remedies nor are currently contemplating
such.
CLIENT THE CHAZEN COMPANIES
Chazen Engineering,Land Surveying
&Landscape Architecture Co.,D.P.C.
By: By:
Printed Name: Printed Name: Chris Round AICP-VP Planning
Date: Date:
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