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3.2 3.2 FINANCIAL\2023\Establish Cap Proj Fund 248—Wastewater—Broadacres Sewer Rehab-Accept Delaware Proposal—Fund Balance-10-2-23 RESOLUTION AUTHORIZING BROADACRES SANITARY SEWER REHABILITATION CAPITAL PROJECT, ESTABLISHMENT OF CAPITAL PROJECT FUND #248 AND ENGAGEMENT OF DELAWARE ENGINEERING, DPC FOR PROFESSIONAL ENGINEERING SERVICES RESOLUTION NO.: , 2023 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, the Queensbury Town Board wishes to establish a Capital Project to provide for the rehabilitation of the sanitary sewer system in the former Pershing-Ashley-Coolidge Sewer District located in the Broadacres area of the Town (Project), and WHEREAS, the Town Wastewater Director has recommended that the Town Board engage the professional engineering services of Delaware Engineering, DPC (Delaware) for the design, bidding, construction administration and observation services related to this Project for the amount of $19,040 as set forth in Delaware's Professional Services Agreement dated August 15, 2023 presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Broadacres Sanitary Sewer Rehabilitation Capital Project and authorizes and directs the establishment of the Broadacres Sanitary Sewer Rehabilitation Capital Project Fund 4248 in the amount of$19,040 for expenses associated with this Capital Project, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that funding for such Capital Project shall be by using $19,040 of unappropriated, undesignated Fund Balance 032- 0000-0909 and transferring such balance to the Capital Project as follows: • 032-9950-9030 Transfer to Capital Project- $19,040 • 248-0000-55031 Interfund Revenue - $19,040 • 248-8120-2899 Capital Construction - $19,040 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 establish such appropriations and estimated revenues, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Professional Services Agreement with Delaware Engineering, DPC dated August 15, 2023 for an amount of $19,040 and authorizes and directs the Town Supervisor to sign such Agreement in substantially the form presented at this meeting, as well as any other needed documentation, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Wastewater Director and/or Town Budget Officer to take any and all actions necessary to effectuate all 2 terms of this Resolution. Duly adopted this 2nd day of October, 2023, by the following vote: AYES NOES ABSENT : 3 PROFESSIONAL SERVICES AGREEMENT Sapi$n -y Sewn- SvsteM Rehabiljtation r 'ec This Agreement is by and between Town of Oueeusbury("CLIENT") 823 Corinth Road Queensbury, NY 12804 and, Delaware EngineeriU& D.F.C. CF'NLj1NEER") 28 Madison Avenue Extensl�,sn Albany, New York 12203 Who agree as follows; The CLIENT hereby engages the ENGINEER to perform the services described. in Part I ("Services") and the ENGINEER agrees to perform the Services for the compensation set forth in Part 11. Work shall be conducted pursuant to the Standard Terms and Conditions provided in Part III. The ENGINEER. shall be authorized to commence the Services upon execution of this Agreement. The CLIENT and the ENGINEER agree that this signature page, together with Parts I-III and any attachments referred to therein, constitute the entire agreement between them relating to continuing Project assignments (Agreement). APPROVED FOR CLIENT APPROVED FOR ENGINEER By: By Printed Name; Printed Name: Brock Juusola. P.E. Title: Title; Partner Date: Date: August 15, 2023 Delaware Engineering, A.P-C- 1 11112 t PART I SCOPE OF SERVICES This Scope of Services includes the steps necessary to complete the design and bidding of the rehabilitation of the sanitary sewer collection system in the former Pershing-Ashley-Coolidge Sewer District. The system is reportedly constructed in the 1950s and primarily consists of vitrified clay pipe (VCP) with brick manholes. The rehabilitation is generally anticipated to consist of cleaning / rook removal of the pipelines, followed by lining of the pipelines. The manholes will be repaired using a lining / repair product. The Delaware Engineering scope of services is inclusive of attendance at meetings and phone conversations with representatives of the Sewer Department and regulatory agencies without limitation. Pit AsE I — DESIGN & BUDDING l . Delaware will attend a kick-off meeting with the Sewer Department to discuss the proposed schedule and scope of the project. In advance, Delaware will review plans and equipment specifications for the existing infrastructure_ Delaware will conduct site visits and review as-built drawings and any other available information pertaining to the Project area_ 2. Delaware will prepare an Engineering Report to support the Town Law §202(b) process which involves acceptance of the Report by the Town Board, scheduling and conduct of a public Clearing and adoption of a final order for the proceeding. Delaware will work with the Town Attorney to support the 202(b) process which will include but is not limited to preparation of the required engineering report, attendance/presentation and materials for a public meeting, and information necessary for the Town Attorney to create resolutions and orders. It is noted that the 202(b) proceeding is subject to SEAR. 3. To support the SEQR process, Delaware will prepare a Full Environmental Assessment Form and conduct lead agency coordination if the determination is made that a coordinated review is appropriate_ 4. As part of the SEQR process and in consideration of other permitting, Delaware will prepare and file a project review form with the State Historic Preservation Office (SHPO) and coordinate a Section 106 (federal) and 14.09 (state) review with a sign-off of no impact to historic/cultural resources anticipated to be obtained without conduct of a Phase IA or 113 given that the project involves work in previously disturbed areas and is a replacement of existing infrastructure. Should SHPO request conduct of Phase I A and/or 113 cultural resources surveys, Delaware will notify the Town and assist the Town in securing the services of a cultural resource professional, the cost of such work to be paid by the Town to the consultant directly. S. Delaware will assist the Town Board as presumed lead agency with preparation and review of the .Full Environmental Assessment Form_ Given the nature of the project, a Neg Dec is anticipated, the preparation of which Delaware will provide along with any required notifications such as publication in the ENB and circulation to involved agencies. 6. Using existing plans, available GIS data along with data derived from Delaware's GPS equipment, Delaware will develop a set of construction plans and specifications detailing the size and location of the Delaware Engineering, D_P.C_ 2 11/12 collection system piping and manholes. Should any survey work be required, this work will be completed via a supplemental agreement. 7_ Delaware will design and engineer proposed improvements, and will prepare, submit and secure all required permits and approvals, including but not limited to approvals required by the New York State DEC, and the Town of Queensbury Highway Department. 8. A full set of draft bid specifications and documents will be provided to the Sewer .Department for review and comment. Once finalized, Delaware will provide up to 2 sets of plans and specifications to the Town for bidding purposes, and will assist the Town in advertising the bid for construction services. Delaware will make bid documents available online, free of charge, to bidders. 9. Delaware will schedule and coordinate a pre-bid conference on-site with prospective bidders to answer questions and to prepare, reproduce and deliver addenda to bidders as necessary. All addenda shall be submitted to the Sewer Department staff for review and approval. Delaware will be present for the bird opening, and will evaluate all bids and bidders, determining if bidders are responsible and responsive to the bid requests. The review performed by Delaware will include an analysis to ensure that required documentation has been filed (i.e., bid bonds, certifications, etc.). Delaware will also evaluate the qualifications of the contractors to ensure that the bidders are qualified to perform the work they have proposed. 10, Delaware will prepare a bid tabulation for all responsive bidders and will prepare a Recommendation for Contract Award once all bidder qualifications and submittals have been reviewed. Phase U — +Construction Administration/Observation Services The project is not anticipated to require any construction phase engineering services. Should any construction phase work be required., this work will be completed via a supplemental agreement. PART II COMPENSATION, BILLING AND PAYMENT The ENGINEER. shall invoice the CLIENT monthly on a time and materials basis providing a detailed invoice and payment shall be due 30 days from receipt of invoice. Manpower . Scone Pof'Services• Estfrnate Total.Fee ..attrs Design and Permitting 88 S16J60 Bidding 16 $2,880 Total $19,040 Delaware Engineering, D.P.C. 3 11/i2 DELAWARE ENGU04EERING, DY.C. PART III STANDARD TERMS AND CONDITIONS To the fullest cadet permitted by law, CLIENT shall dafand, indemnify, and save L STANDA" OF CARE. Services shall be performed in accordance with the haerdess ENGINEER from and against loss, liability, and damages sustained by standard of professional pracace ordinarily exercised by the applicable profassiori at the ENOINNEER, its agents, employees. and representatives by reason of claims for injury or l imcnd a within the locality where the Services are performed_Professionalca e,re deadi to persons. damages to tangible property. to the extent caused directly by any of not subject to, and ENGINEER can ant provide, any warranty or guermrsae, express or the following: (a) my substance, eonchson, element, or mational m rimy combination of implied,including warranties orguauautees contained in any uniform commerzial coder the foregoing (I) prodnoed, omitted or sales from the project or tasted by Any such warranties Or guarantees contained in any puechasa orders, requisitions or ENGINEER under this Agreement, or lb) opreraRad or mama&®ens of the Project notices to proceed issued by CLIENT are specifically objected to. CLIENT- also agrees to require its consmetian eputraetor, if any, in mcludo ENGINEER as an indminirae under any indemnification obligation to CLIENT. 2. facts kno OF SCOPE. The scope of Services th3 .sat fonlr in this din&if applicable, is cased on facts known at the time of execution of this Agroemsaxir, iaeladin& if applicable, 12. LIMITATIONS OP LIABILITY.Noemyoyea or ageninfENG[FIFER sha11have infarrnasion supplied by CLIENT. For soma pmjocts involving conceptual or process individual liability to CLIENT. CLIENT&gross that, to the fullest extent permitted by law, ENGINEER'S total liability to CLIENT far my and ail injuries, claims, losses, project development services, scope discovered dot be ndly definable scope daring initial dermas, As the ,expenses or damages whatsoever arising out of or in any way slated m the project or Project progrossos, facts disoovered may indicue that scope aarst be rode&aed- 3- SAFETY, ENGINEER has established and maintains a this Agreement from any causes including,inlet ris is d to, ENGINlaime directly Or procedures; for the safety of its eon i ees, Unless eoncludt magssr service and errors, err contribution stria liability. or beach. of contract and whether claimed directly or be provided undlm this Agreement,P scifi ally di included y a chimito to C way desires a oe shall not ility caused thelimits ofinaar provided under this il,greeNT a d pro ENGINEER specifically s other t any our ENGINEER R CLIENT desires & limit of Liability greaser them that die a tied. taeve, limit an and responsibility for general job site safety and safety of parsons other than ENGINEER ENGdNEF.R shalt include is Fart III of this Agreement the sensor[afsads limit and the employee& additional compensation to be paid to ENGINEER fur assumption of such additional a. DELAYS. If events beyond the control of CLIENT or ENGINEER, including, but risk. IN NO EVENT AND LNDER NO CIRCUMSTANCES SHALL ENOdNEER BE not limited to, tire, flood, eitpiosion, not, strike, war, process shutdown, act of God at LIABLE TO CLIENT FOR CONSEQUENTIAL, I ICIITENTAL, 17NDIRECT, this public enemy,and act or regalatipa ofmYBovernarent agency,result in delay to my SPECIAL, OR PUNITIVE DAMAGES. schedule established in this Agreement, such schedule shag be amended to the extent 13.ACCESS. CL1ENTsball provide ENGINEER sofa aceassio mypirmisae now:ssmy necessary to compensate for such delay. In &a event such delay exceeds 50 days, for E'NGIN EER to provide the Services. ENGINEER shall be entitled to an equitable adjusimcnt in eomponsatioo. Iat REUSIt OF Ping ohCT D$LIV&R an min Reuse of any documents or other S. TERM"INATIONISUSPEN'SEON. Either party may tarnsinase this Agreemenrupai dntivnrmbl.rs, including aiacoraatc media, Potaining to Les Projaat 6y CLiE•Nf for my 30 days written notice to the other party. CLIE1%T shag pay ENGINEER far an purpose other than that for which such documents Or deliverablas were originally Services, including profit relating thinner, rendered prior to tenniraation, plus arry prepared, or allocation of such documents or daliverablcs without written verification or expenses of termination. In the event either pasty defaults in its obligations under this adaptation by ENGINEER for the spsci Re purpose intended, shall be ar the CLIENT'S Agreement(including CLIENT'S obligation to snake the payments required hereunder), risk. Furdier, all title Mocks and the engineer's seal. if applicable, shall be removed if the nom•dc faulting party may, allot 7 days written notice stating its intention to suspend and when CLIENT provides delivanbles in cloctronic rneliato another entity. CLIENT pefformancc under the Agneemaern if urn of such default is not COMM enced and agrees shot relevant anal diligently continued, and IaLlum ofthe defsulting party to commotion cure within such droop findings and reports cWysprovided in oversoain marlin shall also ep provided an 'hard copyr and that the hard dopy shall &ever in rho case of a time limit and diligently continue, suspend performance under this Agreement. discrepancy between the two versions, nerd shall be held as the official set of drawings. & OPINRONS OF CONSTRUCTION COST_ Any opinion of oommineften costs as signed and sealed. CLIENT shall be afforded a period of 30 days in which to check pteparod by ENGINEER is supplied for the &emend guidance of the CLIENT only, the bard copy against the al ecacnic media. In the avert that any error or iaoonzistuw-y is Since ENGINEER has no control over competitive bidding or market conditions, found as a re"It of this process. ENGINEER shall be advised and the inconsistency ENGINEER cannot guarantee the socumay of such opinions as compared to contract ids shall be corrected at no additional cost to CLIENT. Following the expiation of thin 30. or actual costs to CLIENT. day period, CLIENT shall bear all responsibility far the care,easterly and control of the 7, RELATIONSHIP WITn CONTRA.CTO IRS.ENGINEER shall serve as CLIEN"ITS electronic media In addition, CLIENT" represents that it shall retain the necessary professional representative for the Services, and may make rector mandations to man hanisms to read the electronic media which CLIENT acknowledges to be ofonly CLIENT concerning actions elating to CLIENTS contractors, but ENGINEER limited duration_ CLIENT agrees to defend,inderrau fy,and hold l atrrdass ENGINEER specifically disclaims any authority to direct or supervise the means. methods, frmn all claims, damages. and expenses.(Including reasonablo litigation costs),arising techniques, sequences nr psax-.cdnra ofrwnstuction selected by CLIENVSmnmuc . Out of such raise or alteration by CLIENT or others acting through CLIENT. S. CONSTRUCTION REVIEW. For projects involving canstruution, CLIENT 15. AMENDMENT- This Agreement, upon cxw.mion by bath parties heram, can be acknowledges that under generally aeeeptod professional practice, interpretations of amended only by a written instrument signed by bath parties. construction documents in the held are normally raluired, and that Performance of I& ASSIGNMENT. Except for assignmemes (a) to entities which coonol, or are eonstroetioa-slated scivicas by the design professional for the project permits errors or controlled by, the parkas herctu Or(b)resulting roars operation of law, the rights and onusarons to be ide nfEed and marveled at cornpari tivaty low coat CLIENT agrees to obligations of slats Agreemenr cannot be assigned by either party without written hold ENGINEER haanrless from any claims resulting from.pefaoussi a afcoaarr'naction- permission of the other party. This Agreement shall be binding upon and inure to the related services by persons other data ENGINEER. benefit of any Trennimd assigns, 9. INSURANCE. ENGINEER will maintain !monsoon coverage for Professional, 17. STATUTES OF LINLITATION. To the fullest extent pertained by Taw, parties Comprabaaes irc GmcraL,Automobile, Worker's Compensation,and Employer's liability agree that, axoepat for claims for indonmificatim, the time period for bringing claims in amounts in accordance with legal, and ENGINEER'S business requirements. under this Agreement shall expire one year after Project completion. Certificates evidencing such coverage will be provided to CLIENT upon request. For 18. DISPUTE RESOLUTION. Partin shall attemptto sctticdisputcs arisimgtmdcrthis projects involving construction, CLIENT agrees to require its odnsmmctwn crmaaclor, if agreement by dixenas" between the parties savor representatives of m to include ENGINEER as an additional insured on its Ism mranageof t4 If y. policies talcum& so the pay dispute can not be resolved in this meaner, within a mras meth 3eofal alternative time, Project. ENGINEER'S cnvnages referenced above shall. is such case, be tears over parties agree to attempt ran-binding mediation or any oehar method of sltexraative cantractoes primary coverage. dispute resolution prior to riling any legal proceedings. In the event any actions are 10. HAZARDOUS MATERIAL- Hazardous materials may exist at a site where there brought to mforce this Agreement, the prevailing party shall be entitled to corner its is no reason to believe they could or should be presenL ENGINEER and CLIENT agree litigation costs fiat the other party. that the diseavery of unanticipated hazardous matcias constimoes a changed condition 19. NO WAI VEIL No waiver by either party of any default by the other party in the mandating a renegotiation of the scope of work. ENGINEER iigrocz to notify CLIENT perfortnmmx of any particular section of this Agscwurcut shall Invalidate any other as seen as practically possible should unanticipated haaardous materials or suspected section of this Agreement or o h_--^m us materials be encou rimed. CLIENT acknowledges and agrees that it acts ins different vs character, Pet'+te as a waiver of any future defmix, whether like or use, to all hazardous material existing no the site and shall report to the appropriate 2p). NO 1^HIRD-•PARTY BENEFICIARY. Nothing contained in this Agreement, nor federal, state or local public agencies, as sk safetired,y or die enzondviron a the site that may the performmce of the parties har .aindar, is intended to limetit, nor shall inure to the present agotential danger to the public health, safety or the environment. CLIEN'1'shall execute any manifests or forms in connection with transportation. storage and disposal bonafit o any third party. including CLIENTS contractors, if my, of harm ous materials resulting from the site or work on the site or shall sutborira 2t. SEVERABILITY. The various teams, provisions andcovenmts herein contained ENO]NEER to execute such documents as CLIENT'S agent.CLIENT waives arty claim shall be decreed to be and,and savanble, and the invalidity or unmmforecability of against ENGINEER and agrees. to defend, iadcan them shall and save ENGINEER harmless my of the shall not eel or impair the validity or enforceability of therem iisder. firm any claim or liability for injury or lass arising from ENGINEER'S discovery of 22. AUTHORITY. The persons signing this Agreement mvarrant that they have the uni utioipated hazardous materials cis suspected hazardous materials authority to sign as, or on behalf of, the party for whore they are signing, 11. INDE&UNRITIFS. To the ftdlest extent pertained by law. ENGINEER shall indemnify and save harmless CLIENT from and against lass, liability, and damages Rev ] 1112 sustained by CLIENT, its agents, employees, and teprmantatives by mason afinjuty or death to per snits or damage to tangible property to the extent causad directly by the willful misconduct or failure to adhere to the standard of care described in Paragraph I above of EVt3INEER, its agents or amploycm