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SERVICES\Chazen—Aviation Road Sidewalks—2-10-2020
RESOLUTION AUTHORIZING ENGAGEMENT OF THE CHAZEN
COMPANIES FOR TECHNICAL SERVICES ASSOCIATED WITH THE
AVIATION ROAD SIDEWALK PROJECT
RESOLUTION NO.: ,2020
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, the Queensbury Town Board wishes to engage The Chazen Companies
(Chazen) for technical services associated with the Aviation Road Sidewalk Project for a sum not to
exceed $13,390 in accordance with Chazen's January 28, 2020 Proposal #PM200.18 presented at
this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement
of The Chazen Companies for technical services associated with the Aviation Road Sidewalk
Project for a sum not to exceed $13,390 in accordance with Chazen's January 28, 2020 Proposal
#PM200.18 substantially in the form submitted at this meeting, and
BE IT FURTHER,
RESOLVED, that payment for The Chazen Companies' services shall be paid from
Engineering Account No.: 001-1440-4720, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer
to amend the 2020 Town Budget by transferring $13,390 from Unappropriated, Undesignated Fund
Balance to Engineering Account No.: 001-1440-4720, make any adjustments, budget amendments,
transfers or prepare any documentation necessary to provide for such payment,and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute Chazen's January 28, 2020 Proposal #PM200.18 substantially in the form submitted at this
meeting as well as any other needed documentation, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Town Counsel and/or Town Budget Officer to take any other actions necessary to effectuate the
terms of this Resolution.
Duly adopted this 10th day of February, 2020, by the following vote:
AYES :
NOES :
ABSENT:
THE
NORTH COUNTRY OFFICE
C'hazn_ Civil EngineersI and Surveyors 20lmStret,Planners Glens Falls, NY 12801
COMPANIES" 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 28,2020
Mr.John Strough
Town Supervisor
Town of Queensbury
742 Bay Road
Queensbury, NY 12804
Re: Proposal for Professional Services—Aviation Road Sidewalk Project
TECHNICAL PROPOSAL
Queensbury, Warren County, New York
Chazen Proposal#PM200.18
Dear Supervisor Strough:
The Chazen Companies(Chazen)are pleased to provide this proposal for technical services associated with the
above referenced project.This proposal is outlined to provide professional services to the Town of Queensbury
(hereinafter referred to as the Town). Please find our current project understanding and scope of services with
associated fee schedule below.
Project Understanding
The Town would like to have sidewalk installed on the south side of Aviation Road (a Town-owned Road),
generally in front of Our Lady of Annunciation Church and a parcel owned by Ms. Keenan, to provide a
connection between the existing sidewalk on the church property and an existing crosswalk at the entrance to
Queensbury High School. The location of the proposed sidewalk is shown in the image on the following page.
Chazen believes that the construction cost for the project will be less than$35,000(although likely approaching
that cost), so bids can be solicited in written form. Soliciting bids in this manner will save the Town significant
soft costs, as conventional project manual that outlines contract elements will not be needed, and the
contractor can be authorized by the Town via a purchase order. As such we have prepared this proposal to
provide the Town with survey, design, simple written bid solicitation and construction phase services for the
project.
HUDSON VALLEY•CAPITAL DISTRICT a NORTH COUNTRY•WESTCHESTER•TENNESSEE
Chazen Engineering,Land Surveying&Landscape Architecture Co.,D.P.C.(New York)
Chazen Engineering Consultants,LLC(Tennessee)
Supervisor John Strough
January 28,2020
Page 2 of 4
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Considering our current project understanding, Chazen offers the following scope of services:
Scope of Services
Task 01—Boundary and Topographic Survey
Under this task, Chazen will subcontract with Van Dusen and Steves Land Surveyors to obtain boundary and
topographic survey information for the project area. Van Dusen and Steves reportedly has conducted previous
boundary survey work in the area and therefore will provide cost efficient survey services for the project.
Task 02—Contract Documents and Bidding Solicitation
Under this task, Chazen will prepare contract drawings and details with short form specifications listed on the
drawings for the project. The following design drawings are expected to be included in the contract set:
• Title Sheet
• General Notes and Legends
• Sidewalk Layout Plan
• Maintenance and Protection of Traffic Details
• Sidewalk and Site Restoration Details
It is noted that as part of the development of this proposal, we have assumed that utilities not owned by the
Town (i.e. National Grid, Cable TV, Verizon etc.) will not need to be relocated as part of the project. Relocation
of these utilities can take considerable design and coordination effort that is not included in this proposal.
Upon completion of this task, the contract documents will be considered complete and suitable for soliciting
written quotes from contractors. We will prepare quote solicitation forms and include any administrative
requirements of the Town (Iran Divestment Act forms, insurance provisions, etc.). We will administer a written
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Supervisor John Strough
January 28,2020
Page 3 of 4
quote to up to 5 contractors selected by the Town; solicitations will be conducted via email. Following the
solicitation period, we will provide the Town with the quotes received for Town selection of a contractor.
Task 03—Construction Phase Services
Under this task Chazen will provide the following construction administration services:
• Attend and lead a pre-construction meeting.
• Review of contractor's shop drawings and submittals for the material and equipment to be incorporated
into the project for conformance with the contract documents.
• Attend up to two field visits to meet with the Town and contractor on site in case questions regarding
site conditions arise,or to simply observe construction.
• Provide interpretation and clarifications of contract documents.
• Review the contractor's payment applications on behalf of the Town.
• Review and process change orders and provide the Town with recommendations on the validity of the
change orders.
For this task,Chazen assumes that construction will be completed within 4-weeks from the start of construction.
We will provide all services for this task on a time and materials;hourly rates will be charged in accordance with
our 2020(or later if project occurs in future calendar years)hourly rate schedule. For this task we have assumed
an average bill rate of$100/hour for a total of 25 hours.
Please note that the contractor is solely responsible for site safety and Chazen's presence on site does not alter
the contractor's responsibility for site safety.
Additional Limitations and Information
• It is assumed that all work will occur within the Town's Highway Boundary and that easements will not
be required.
• This scope does not include and permitting or SEQRA services.
• The sidewalk design is not intended to alter drainage patterns and road runoff will likely sheet flow
across the proposed sidewalk.
• Sidewalk will be constructed in accordance with ADA standards, but will not be designed to NYSDOT
standards.
• It is assumed that personnel from the Town Highway Department will be on site daily during
construction coordinating/checking in with the project contractor.
Professional Services Fee Schedule
Chazen proposes to bill each task as indicated in the following Fee and Time Schedule Summary. Invoices will
be issued monthly for all services performed during that month and are payable upon receipt. Chazen proposes
to complete work for this project on a time and materials basis. Chazen will make its best effort to complete
each of these tasks within the estimated amounts; however, it is possible that it will be necessary to exceed
these amounts in order to complete the scope of services for each task. We will not exceed any estimated fee
amounts without first notifying you.
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Supervisor John Strough
January 28,2020
Page 4 of 4
Reimbursable expenses which include our direct expenses, such as mileage, overnight mailings, photocopying
and map reproductions will be tracked under each respective task and will be billed for direct cost of the work
to the Client.
Fee and Time Schedule Summary
Tasks Fee Estimates Proposed Schedules
Task Task Lump Sum Fee Time and Materials Projected
No. Description Estimate Start/End Dates(1)
01 Boundary and Topographic Survey $4,140 --- Start: February 2020
End:April 2020
02 Construction Documents and Bid $6,750 --- Start: May 2020
Solicitation
End:June 2020
03 Construction Phase Services --- $2,500 Start:June 2020
End:July 2020
Subtotal $10,890 $2,500
Total $13,390
1 Projected start and end dates are subject to change and are based on date from authorization to proceed. Because certain
aspects of the project are outside of Chazen's control(e.g.,review agency schedules,actions,and approvals),Chazen cannot guarantee
completion of the project within these proposed schedules.
2 Costs for subcontractors include a 15%markup for Chazen's administrative efforts.
Closing
Please feel free to contact me at 518-824-1926 if you have any questions or require clarification of the proposed
scope of services offered.We would be glad to meet with you or the Town Board to further discuss our approach
if deemed appropriate. If you find this proposal acceptable,and as our authorization to proceed, please review
and execute the attached agreement. Chazen looks forward to the opportunity of working with the Town on
this project.
Sincerely,
7k/ —P-7!1:2)1
Sean M. Doty, P.E., LEED AP,CPMSM
Principal
Director, Municipal Engineering Services
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Professional Services Agreement Proposal Number: PM200.28
Project Name: T/QBY-Aviation Road Sidewalk Project Project Number:
AGREEMENT MADE this day of 2020 by and between Chazen Engineering, Land Surveying&
Landscape Architecture Co., D.P.C. (CELSLA), a New York design 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
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 January 28 , 2020 which is hereby made a part of this Agreement.
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.
[7A retainer in the amount of $ 0.00 will be required prior to the initiation of services. This
retainer will be held until the end of the project and applied to Client's final invoice. Any excess
amount will be returned to Client.
nFinal payment will be due upon delivery of the final work product(e.g.report,survey,etc.).
3. COOPERATION: Client agrees to keep Chazen 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 display appropriate promotional signage
during construction, and to allow Chazen to make a photographic record of the project prior to, during,and subsequent
to construction. 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.
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.
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.
D. Be advised that electronic copies of Documents can deteriorate or be inadvertently modified without Chazen's
consent, or may be otherwise corrupted or defective. Accordingly, Client and Client's contractors or other
consultants may not rely upon the accuracy of any electronic copies of Documents.
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Professional Services Agreement Proposal Number: PM200.28
Project Name: T/QBY-Aviation Road Sidewalk Project Project Number:
E. Any use, conclusion or information obtained or derived from electronic copies of Documents by Client or
Client's contractors or other consultants will be at Client's sole risk and without liability to Chazen. Client
shall defend,indemnify, and hold harmless Chazen and its officers, directors,representatives and agents from
and against all claims, demands, liabilities, causes of action, suits, judgments, damages, and expenses
(including attorneys'fees)arising from any use whatsoever or reliance on electronic copies of Documents.
F. Client understands that Documents are not intended or represented to be suitable for any purpose other than
that for which they were created. Any reuse or modification of Documents by Client or Client's contractors or
other consultants will be at Client's sole risk and without liability to Chazen. Client shall defend, indemnify,
and hold harmless Chazen and its officers, directors, representatives and agents from and against all claims,
demands, liabilities, causes of action, suits, judgments, damages, and expenses (including attorneys' fees)
arising from any reuse or modification of Documents.
G. Client understands that it is a violation of New York State Education Law for any person to alter in any way
any Document that has been signed and sealed by a Professional Engineer or Land Surveyor, unless he or she
is acting under the direction of a licensed Professional Engineer or Land Surveyor and that the altering
professional signs and seals the document and describes the alteration.
5. RISKS, INSURANCE &LIMITATION OF LIABILITY: Client and Chazen have discussed the risks, rewards and
benefits of the project and Chazen's fees for services under this Agreement. Client and Chazen have also discussed the
allocation of risk associated with their respective duties under this Agreement and agree, to the fullest extent
permitted by law:
A. Chazen shall carry and maintain Workers Compensation, General Liability, Automobile Liability and
Professional Liability insurance. Chazen will provide Client certificates of insurance upon request. Chazen will
be responsible for the negligent actions of Chazen, and the employees and subcontractors of Chazen,within the
terms and conditions of the insurance coverage maintained by Chazen, subject to the limitation of liability set
forth in paragraph 5(C) below. Chazen will not be responsible for any loss or liability, or any violation of law,
rule,regulation or decree by Client or the employees,agents,contractors,or consultants of Client.
B. Chazen agrees that it will not bring hazardous or toxic materials onto Client's property. Client understands
that the ordinary course of work performed by Chazen may result in the excavation and relocation of hazardous
or toxic materials that were on or under the property before Chazen began its work. Client understands that
Client is solely responsible for the cost of investigating,removing,and remediating such materials.
C. Chazen's liability for claims related to professional services errors or omissions under this Agreement, however
arising, shall be limited to the lesser of$1,000,000 or the total compensation received by Chazen from Client,
and Client hereby releases Chazen from any liability or contribution above such amount. This limitation of
liability shall include but not be limited to Chazen's negligence, errors,or omissions. In no event shall Chazen
be liable for incidental or consequential damages,including loss of profits or revenue resulting from any cause or
causes.
6. TERMINATION: In the event of substantial failure by either party to perform under this Agreement, the aggrieved
party may terminate this Agreement upon seven(7)days written notice. If this Agreement is terminated, Client shall
remit all monies due Chazen within 30 days. Chazen at its sole discretion, may terminate this Agreement when it
reasonably believes there may be condition(s) which threaten the health and safety of Chazen personnel and
subcontractors. Chazen assumes no duty to report hazardous or dangerous conditions not caused by Chazen and shall
rely exclusively upon Client to report any such conditions.
7. SEVERABILITY: If any provision of this Agreement is held invalid such provision shall have no effect, but all
remaining provisions shall continue in full force and effect. Each provision of this Agreement shall be interpreted so
as to render it valid.
8. NOTICES: All notices shall be in writing and shall be sufficient if sent by first class mail or overnight mail to the
addresses of Client and Chazen as shown herein. Notices shall be deemed as received three (3) business days after
mailing. Each party hereby agrees to accept all mailed and hand delivered communications.
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.
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Professional Services Agreement Proposal Number: PM200.28
Project Name: T/QBY-Aviation Road Sidewalk Project Project Number:
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 Agreement. 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:
Date: Date:
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