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4.08 4.8 SERVICES\QCQA Labs—Special Inspection and Testing—Highway Garage Project— 1-13-20 RESOLUTION AUTHORIZING ENGAGEMENT OF QCQA LABS FOR SPECIAL INSPECTIONS AND TESTING SERVICES RELATED TO HIGHWAY GARAGE CAPITAL PROJECT RESOLUTION NO. ,2020 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, by Resolution No.: 82,2016, the Queensbury Town Board authorized establishment of the Highway Garage Capital Project and Highway Garage Capital Project Fund #208 and the engagement of C.T. Male Associates (C.T. Male) to evaluate the feasibility of the construction of anew Town Highway Garage(Project), and WHEREAS, by Resolution No.: 336,2018, the Town Board authorized further engagement of C.T. Male for architectural services relating to the Preliminary Design Phase of the Project and by Resolution No.: 167,2019, authorized engagement of C.T. Male for architectural and engineering services relating to the Design, Bid and Construction Administration Phase of the Project and C.T. Male accordingly prepared bid documents and specifications for the Project, and WHEREAS, by Resolution No.: 262,2019, the Town Board authorized engagement of The Chazen Companies (Chazen) for professional services as Clerk of the Works for the Project, and WHEREAS, by Resolution No.: 362,2019, the Town Board authorized the Town's Purchasing Agent to advertise for bids for the Project and by Resolution No.: 414,2019, the Town Board awarded the bids for the Project to the lowest, responsible bidders in each Contract category, and Y- WHEREAS, Chazen solicited proposals for Special Inspections and Testing Services as outlined in the Contract documents and as a result of its cost analysis of the three (3) received proposals, has recommended that the Town Board authorize engagement of QCQA Labs for the amount of$11,244 in accordance with QCQA Labs' November 27, 2019 proposal as QCQA Labs would provide the best value for the scope of services needed, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes engagement of QCQA Labs for Special Inspections and Testing Services as delineated in this Resolution for the amount of $11,244 in accordance with QCQA Labs' November 27, 2019 proposal substantially in the form presented at this meeting,and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that payment shall be from Capital Construction Account No.: 208-1620-2899, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to effectuate all terms of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any needed Agreements and further documentation, and the Town Supervisor, Highway Superintendent, Purchasing Agent and/or Budget Officer to take such other and further actions as 2 may be necessary to effectuate the terms of this Resolution. Duly adopted this 13`" day of January, 2020, by the following vote: AYES NOES ABSENT: 3 QCQA �� k )�oSB New York State Certified DRILLING & TESTING SERVICES wE November 27, 2019 Mr. Joseph M. Lanaro, P.E. Vice President The Chazen Companies 547 River Street Troy,NY 12180 Re: Proposal for Special Inspections & Construction Materials Testing Services Queensbury Highway Garage 742 Bay Road Queensbury,New York Dear Mr. Lanaro, As requested, QC/QA Laboratories, Inc. (QCQA) is pleased to provide you with this proposal for special inspections and construction materials testing services for the above referenced project. SCOPE OF SERVICES We understand the scope of services will consist of performing special inspections and construction materials testing services for the following items: • Excavation, Backfill, Compaction, and Deep Foundations (Building Area); • Cast-in-Place Concrete; • Fire Resistant Penetrations and Joints; • Mechanical & Electrical Components; • Pre-Engineered Building System. QUALIFICATIONS QC/QA Laboratories, Inc., (QCQA Labs) was established in 2004 to provide field and laboratory construction materials testing and special inspection services. All services are based out of our Schuylerville,NY office. QCQA Labs is a certified New York State Service-Disabled Veteran-Owned Business (SDVOB) and has been verified by the United States Department of Veterans Affairs as a Service-Disabled Veteran-Owned Small Business (SDVOSB). 877 Route 4 S - Schuylerville,NY 12871 - Phone(518) 372-4067 - Fax(518) 507-6113 Queensbury Highway Garage November 27, 2019 Page 2 • New York State SDVOB Control Number: 171448 Our state-of-the-art laboratory meets the requirements of ASTM E329 "Recommended Requirements for Independent Laboratory Qualifications" and is accredited by AMRL and CCRL through the American Association of State Highway and Transportation Officials (AASHTO) R18 program. The AASHTO R18 accreditation program ensures that QCQA Labs maintains a high degree of internal quality control standards. The accreditation requires that an internal quality control plan is maintained and adhered to in addition to participation in proficiency sample testing to ensure test results produced in the lab and in the field are accurate. The accreditation program also requires regular inspection of our facility by independent auditors to verify conformance with the accreditation program. REFERENCE PROJECTS Project: Union College Science& Engineering Building Location: Schenectady,New York Client: Union College Construction Manager: Turner Construction Duration: 2017 - Present Scope of Work: QCQA Labs is performing special inspections and third-party testing for construction of a $100 Million, 142,000 square foot, 4-story academic building at the Union College campus in Schenectady, New York. The project commenced in the spring of 2017 with final completion scheduled for 2020. QCQA Labs is performing sampling and testing of fresh concrete, foundation inspections, in-place density testing of backfill, structural steel inspections, cold-formed metal framing inspections, masonry inspections, fireproofing and firestopping inspections, EIFS inspections, air barrier inspections, composite metal wall panel inspections, curtainwall water leak testing, EPDM roofing inspections, and asphalt testing. Project: SUNY Albany ETEC Building Location: Albany,New York Client: Turner Construction Construction Manager: Turner Construction Duration: 2018 - Present Scope of Work: QCQA Labs is performing special inspections and third-party testing for construction of a $110 Million, 6-story academic building at the Harriman State Office Campus in Albany, New York. The project commenced in the spring of 2018 with final completion scheduled for 2020. QCQA Labs is performing sampling and testing of fresh concrete, foundation inspections, in-place density testing of backfill, structural steel inspections, cold- formed metal framing inspections, masonry inspections, fireproofing and firestopping inspections, EPDM roofing inspections, and asphalt testing. Project: Argyle Highway Department Storage Building Location: Argyle,New York Client: Town of Argyle Duration: 2017 Queensbury Highway Garage November 27, 2019 Page 3 Scope of Work: QCQA Labs performed special inspections and third party testing for construction of a new storage building. QCQA Labs performed sampling and testing of fresh concrete, in-place density testing of backfill, structural steel inspections, and precast concrete inspections. COST The cost for our services will be invoiced based on the actual quantity of work performed at the unit rates shown on the attached Unit Rate Fee Schedule. We estimate the total cost for our services will be approximately $11,244.00. This estimate is broken down on the attached Cost Estimate. We point out that our estimate is based on our best guess of the quantity of site visits that will be required to complete the work. The actual cost may be higher or lower than our estimate. CLOSURE If this proposal is acceptable, please sign below as your formal acceptance and authorization to proceed and return one (1) copy to our office. This proposal and the attached Standard Terms and Conditions shall constitute our agreement for these services. We appreciate the opportunity to submit this proposal and we look forward to working with you on this project. Please call me if you have any questions or wish to discuss this proposal. Sincerely, QC/QA Laboratories, Inc. .Service-Disubled Busincs,,. gww- Tod M. Kobik, P.E. Vice President Encl.: Unit Rate Fee Schedule Cost Estimate AASHTO Accreditation Certificate Standard Terms and Conditions The scope of services and contractual conditions described in this proposal and its attachments are accepted and QC/QA Laboratories, Inc. is authorized to proceed. Proposal Accepted By: Date: QCQA New York State Certified DRILLING & TESTING SERVICESService-Disabled kc 6 UNIT RATE FEE SCHEDULE CONSTRUCTION MATERIALS TESTING SERVICES FORT EDWARD HIGHWAY GARAGE NOVEMBER 27,2019 Field Testing/Inspection Services: Geotechnical Engineer, P.E. ..........................................................................$380.00/half day $750.00/full day Engineering Technician (soils & concrete)....................................................$200.00/half day $390.00/full day $ 60.00/Overtime Senior Engineering Technician (firestopping)...............................................$250.00/half day $490.00/full day $ 75.00/Overtime Structural Steel Inspector...............................................................................$340.00/half day $660.00/full day $1 00.00/Overtime Special Inspector(Mechanical & Electrical).................................................$380.00/half day $750.00/full day Trip Charge/Sample Pick-up Only (mileage& Technician rate) ..................$ 50.00/round trip Nuclear Density Gauge..................................................................................$ 55.00/day Magnetic Particle Test Equipment.................................................................$ 50.00/day Floor Flatness Test Equipment......................................................................$200.00/day Laboratory Testing Services: Grain Size Analysis........................................................................................$ 60.00/each Standard Proctor Test.....................................................................................$100.00/each Modified Proctor Test....................................................................................$120.00/each Compressive Strength of Concrete Cylinders................................................$ 12.00/each Notes: Engineering Technician rates shall apply for time on site only. Half day rates shall apply for any time on site up to 4 hours per day. Full day rates shall apply for any time on site over 4 hours up to 8 hours per day. Work on Saturdays shall be invoiced at 1.2 times the regular rate. Work on Sundays shall be invoiced at 1.5 times the regular rate. Work on holidays shall be invoices at 2.0 times the regular rate. Hourly overtime rate shall apply for any time on site in excess of 8 hours per day Monday through Friday. Unit Rates include all overhead, administrative and reporting costs. QCQA QC/QA Laboratories,Inc. 877 Route 4 S '� Schuylerville,NY 12871 �,11V DRILLING &TESTING SERVICES Phone(518)372-4067 COST ESTIMATE Fax(518)507-6113 SPECIAL INSPECTIONS AND CONSTRUCTION MATERIALS TESTING SERVICES QUEENSBURY HIGHWAY GARAGE QUEENSBURY,NEW YORK NOVEMBER 27,2019 UNIT _ ESTIMATED; - E5TIMATED SPiCIRCATION SECTION&,I1 EMM llESCRIPTION I)N T RATE QUANTI E lt' COST EXCAVATION,BACIOMML,COMPACTION . Geotechnical Engineer PerHalfDay $ 380.00 2 $ 760.00 Engineering Technician Per Half Da $ 200.00 2 $ 400,00 Engineering Technician Per Da $ 390.00 2 $ 780.00 Nuclear Gauge Per Da $ 55.00 4 $ 220.00 Trip Charge e Per Trio $ 50.00 6 $ 300.00 Sample Pick On! Per Li $ 5"0 1 $ 50.00 Grain Size Analysis Per Sample S 60.00 2 $ 120.00 Modified Proctor Test Per Sample $ 120.00 2 $ 240.00 Subtotal $ 2,870.()0 CAST=IN-PLACE`CONCRETE Engineering Technician Per Half Da $ 200.00 6 $ 1,200.00 Engineering Technician Per Da $ 390.00 2 $ 780.00 Trip Charge Per Trip $ 50.00 8 $ 400.00 Sample Pick-Up Only Per Trip $ 50.00 1 $ 50.00 Floor Flatness Test Equipment Per Da $ 200.00 2 $ 400.00 Compressive Strength of Concrete Cylinders Per Cylinder $ 12.00 72 $ 864.00 Subtotal $ 3,694.00 EIRE.RESLSTANCEPENETRATlONS&JOINTS Senior Engineering Technician Per HaIfDay $ 250.00 4 $ 1,000.00 Trip Charge Per Trip $ 50.00 4 $ 200.00 Subtotal $ 1,200.00 MECHANICAL,&ELECTRICAL COMPONENTS Special Ins ector Per HalfDay $ 380.00 4 $ 1,520.00 Trip Charge Per Trip $ 50.00 4 $ 200.00 Subtotal $ 1,720.00 PRE=ENGINEERED METAL.BUH,DING Structural Steel Ins ector Per Half Da $ 340.00 4 $ 1,360.00 Magnetic Particle Test Equipment Per Day $ 50.00 4 $ 200.00 Trip Charge Per Trip $ 50.00 4 $ 200.00 Subtotal $ 1,760.00 TOTAL ESTIlVIATED COST` $ 11,244.00 Page 1 of 1 CERTIFICATE OF ACCREDITATION AASHI�C] AA A C C R E D I T E D QC/QA Laboratories, Inc. in Schuylerville, New York, USA has demonstrated proficiency for the testing of construction materials and has conformed to the requirements established in AASHTO R 18 and the AASHTO Accreditation policies established by the AASHTO Highway Subcommittee on Materials (HSOM). The scope of accreditation can be viewed on the Directory of AASHTO Accredited Laboratories on www.aashtoresource.org. Bud Wright, Moe Jamshidi, AASHTO Executive Di ctor AASHTO HSOM Chair This certificate was generated on June 22, 2017, at 9:05 AM Eastern Time. Please confirm the current accreditation status of this laboratory at www.aashtoresource.org/aap/accreditation-directory • QC/QA Laboratories,Inc.(QCQA)Standard Terms and Conditions SCOPE OF WORK: QCQA shall perform services in accordance with an Agreement made with Client. The Agreement consists of QCQA's Proposal and these Standard Terms and Conditions. The scope of work,costs and time schedules,if any,defined in the Proposal are based on information provided by Client and shall be subject to the provisions of this Agreement. If this information is incomplete or inaccurate,or if Client directs change to the scope of work established by the Proposal,a written amendment to the Agreement equitably adjusting the costs and time schedules shall be executed by Client and QCQA as soon as practicable. Client is defined as the person or entity requesting and/or authorizing the work,and in so doing,Client represents and warrants that he/she is duly authorized in this role. The acceptance of QCQA's Proposal signifies the acceptance of the terms of this Agreement. INVOICES: QCQA shall submit invoices monthly and/or on completion of work for services performed and expenses incurred and not previously billed. Payment is due upon Client's receipt of the invoice,and is past due thirty(30)days from the date shown on the invoice. Client agrees to pay a service charge of one and one-half percent(1.5%)per month on all past due amounts. STANDARD OF CARE: QCQA will perform its services under this Agreement in conformance with the care and skill ordinarily exercised by reputable members of the profession practicing under similar conditions at the same time. No other warranty of any kind,expressed or implied,in fact or by law,is made or intended. In accepting reports of observations, tests,and opinions provided pursuant to this Agreement,the Client acknowledges that the extent of QCQA's obligation with respect thereto is limited to furnishing of such data,which shall not be solely relied upon by others as acceptance of any construction work,nor shall it relieve the contractor in any way from his obligations and responsibilities under the construction contract to conduct the work in conformance with the project plans and specifications. QCQA will be responsible for only the data furnished by it,but shall not be responsible for the Interpretation by others of the information developed. The Client agrees to indemnify and hold QCQA harmless from and against all claims,damages,losses,and expenses arising from the interpretation by others and data provided by QCQA. SAFETY: It is understood and agreed that,with respect to Project site health and safety,QCQA is responsible solely for the safe conduct of its personnel in the performance of their duties. It is expressly agreed that QCQA has no responsibility for the protection and safety of any other persons on and about the Project site. Unless indicated otherwise in the Proposal, Client shall provide,at its expense,all facilities and labor necessary to afford QCQA personnel safe access to sampling,testing or observation locations in conformance with federal,sate and local laws,ordinances,and regulations. Unless access equipment is provided by QCQA,it is understood and agreed that QCQA shall not be in charge of,and shall have no control or responsibility over,any aspect of the erection,construction or use of any scaffolds,hoists,cranes,stays,ladders,supports or other similar devices as defined and interpreted under any law or regulation relating in any way to Project safety. HAZARDOUS WASTES: The client shall advise QCQA of any hazardous wastes or hazardous substances existing at or near the site at which QCQA is to perform work. If QCQA discovers hazardous wastes or hazardous substances after it undertakes a project,or if QCQA discovers the nature or extent of hazardous wastes or hazardous substances differs materially from what the Client advised QCQA,the Client and QCQA agree that the scope of services,schedule,and estimated fee budget shall be adjusted as needed to complete the work. If reportable quantities of petroleum product and/or chemical contamination are discovered on the project site during performance of the work tasks described herein,or during any subsequent work completed at the project site,the appropriate local,state,and/or federal agencies will be notified immediately,as required by law. The ownership of and responsibility for all contaminated materials,hazardous materials,and hazardous substances generated,released,uncovered,transported,and/or collected during the work tasks referred to herein will Client,1=gin with the DELAYS: QCQA shall not be considered in default under this Agreement if its performance is prevented or delayed by any cause which is beyond its reasonable control. Further,Client understands and agrees to pay all reasonable charges associated with any delays,cancellations,rescheduling or other activities that may alter time schedules and anticipated costs and that are beyond the reasonable control of QCQA. OWNERSHIP OF DOCUMENTS: With the exception of QCQA submittals to Client,all documents,including field data,field notes,laboratory test data,calculations and analyses prepared by QCQA as instruments of service shall remain the property of QCQA. QCQA will retain all pertinent records relating to the services performed for a period of sixty(60) days following completion of QCQA's services. After this period,they may be discarded unless other arrangements are requested and paid for by Client. SAMPLE RETENTION: QCQA reserves the right to discard samples immediately after testing. Upon request and at Client's sole expense,samples will be stored or transferred. SUBPOENAS OR COURT ORDERS: If any subpoena or court order is served upon QCQA and/or any of its staff,subconsultants or subcontractors requiring the presentation of documents or appearance at a deposition or trial,or for other discovery purposes,arising out of services provided under this Agreement,Client shall pay the charges applicable to QCQA's compliance with the subpoena or court order. Charges will accrue on an actual time and related expense basis in accordance with the standard rates in effect at the time of service upon QCQA of the subpoena or court order. Invoices will include time and expenses incurred gathering,organizing and duplicating documents,preparing to give testimony,travel and testifying in deposition or trial. OPINIONS OF COST: QCQA opinions of probable costs,if any,provided as part of the services under this Agreement,are made on the basis of QCQA's knowledge,experience and qualifications,and represent QCQA's judgment as an experienced and qualified professional engineer familiar with the construction industry. QCQA cannot and does not guarantee that proposals,bids or actual costs will not vary from the opinions of probable costs provided by QCQA. LIMITATION OF LIABILITY: The liability of QCQA for any reason whatsoever arising under or relating to this Agreement will not exceed in the aggregate$50,000 or the amount of the fee actually received by QCQA,whichever is greater. In addition,in no event will QCQA be liable for any claim or demand by client,or against client by any third party,in or for any amounts representing loss of profit,loss of business,delay damages or special,indirect,incidental,consequential,exemplary or punitive damages. The provisions of this paragraph shall apply regardless of the form of the cause of action,whether in contract,tort(including without limitation,negligence),statute or otherwise. INDEMNIFICATION: If any claim,suit or legal action arising out of the services under this Agreement is asserted against QCQA,its respective shareholders,directors,officers, consultants,agents or employees,by a person or entity who is not a party to this Agreement,Client agrees to indemnify,hold harmless,protect and defend QCQA from and against any such claim,suit or legal action,and any and all loss,liability,damage,costs and expenses associated therewith,except to the extent that the event and(or damages giving rise to such claim,suit or legal action is found to have been caused by the negligence of QCQA. The Client's obligation hereunder includes,but is not limited to,the payment of attomey's fees,court costs,and expert and consulting expenses required for the proper and vigorous defense of QCQA. INSURANCE: QCQA represents and warrants that it,together with its agents and staff,are protected by worker's compensation insurance,and that QCQA has such coverage under public liability and property damage insurance policies that QCQA deems to be adequate. Certificates for any such policies of insurance will be provided to the Client upon written request. The Client recognizes that QCQA's insurance policies contain certain exclusions,including those for certain claims arising from the discharge,dispersal,release or escape of pollutants. The Client agrees to defend,indemnify,and hold QCQA and its employees or agents harmless for and against all claims,causes of action,suits,proceedings,damages,losses, and expenses,including third party claims or actions,arising from QCQA's work for the Client under this Agreement that falls within the scope of any exclusion from QCQA's liability or property damage insurance policies. NO THIRD PARTY BENEFICIARIES: Nothing in this Agreement shall create a contractual relationship with,or cause of action in favor of,a third party against Client or QCQA. DISPUTE RESOLUTION: All claims,disputes,controversies or matters in question arising out of,or relating to,this Agreement or any breach thereof which cannot be resolved through negotiation shall be submitted to mediation before and as a condition precedent to any other remedy. Upon written request by either party to this Agreement for mediation of any dispute, Client and QCQA shall select by mutual agreement a neutral mediator.If the dispute cannot be settled through mediation,then such dispute shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association(AAA)then in effect. The award rendered,if any,by the arbitrator(s)shall be final and binding on both parties and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction. Each party involved in the arbitration process shall pay all its own arbitration fees and costs to the AAA and shall share equally in the fees charged by the arbitmtor(s). All mediation or arbitration shall take place in Albany,NY unless Client and QCQA agree otherwise. TERMINATION: This Agreement may be terminated by either party upon at least seven(7)days written notice in the event of substantial failure by the other patty to perform in accordance with the terms hereof. Such termination shall not be effective if that substantial failure has been remedied before expiration of the period specified in the written notice. In the event of termination,QCQA shall be paid for services performed prior to the termination date set forth in the notice plus reasonable termination expenses.