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3.7 3.7 SERVICES\Adirondack Mountain Engineering—Water Operator Staffng Services—10-5-15 RESOLUTION AUTHORIZING ENGAGEMENT OF ADIRONDACK MOUNTAIN ENGINEERING, PC FOR PROVISION OF WATER OPERATOR STAFFING SERVICES FOR TOWN WATER DEPARTMENT RESOLUTION NO.: ,2015 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, the Queensbury Town Board wishes to enter into an Agreement for water operator staffing services for the Town Water Treatment Plant due to the anticipated long-term absence of a Water Treatment Plant Shift Operator, and WHEREAS, Adirondack Mountain Engineering, PC has offered to provide such services as delineated in its proposal dated September 29, 2015 and presented at this meeting, and WHEREAS, the Town Board wishes to authorize such services, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes engagement of Adirondack Mountain Engineering, PC for provision of water operator staffing services for the Town Water Treatment Plant as set forth in Adirondack Mountain Engineering's proposal dated September 29, 2015 and presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute the Professional Services Agreement presented with Adirondack Mountain Engineering, PC's September 29, 2015 proposal substantially in the form presented at this meeting as well as any other needed documentation, and BE IT FURTHER, RESOLVED, that payment for such services shall be from the appropriate accounts as may be determined by the Town Supervisor, Water Superintendent and/or Town Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board and authorizes and directs the Town Supervisor, Water Superintendent and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 5th day of October, 2015, by the following vote: AYES NOES ABSENT: Adirondack Mountain Engineering, PC TEL.:(518)250-1932 PO Box 1376 — 313 Ushers Road FAX:(518)250-0476 Adirondack N' Ballston take, NY 12019 Mountain Englnae ing,F'G September 29, 2015 Chris Harrington, Water Superintendent Town of Queensbury 823 Corinth Road, Queensbury,NY 12804 Re: Water Operation Services Queensbury WTP Dear Mr.Harrington: Adirondack Mountain Engineering (AME) is pleased to offer this proposal to assist the Town of Queensbury with water operator staffing services for the town water treatment facility on Corinth Road. It is our understanding that the water treatment plant consists of a 15 mgd conventional water treatment facility with screening, coagulation, flocculation, sedimentation, filtration and chlorination. The facility receives its raw water supply from the upper Hudson River. AME has NYSDOH certified operations personnel available to assist the town with meeting shift work required for the operation of the water treatment system on an as needed basis. The scope of services will include the following: • AME will provide experienced water operations staff that are NYSDOH certified with 1A and/or 2A operation licenses. Staff will be familiar with general laboratory practices associated with water treatment operation; • Personnel will be available for on-site training specific to the town's treatment system prior to serving individual operations shifts atthe facility; • AME staff will be available for shift work during both daytime and nighttime hours. These services are available with the understanding that adequate notice is provided in advance of any scheduled staffing events. AME will be available to work emergency or fill-in shifts as well, but does not guarantee that staff will always be available without adequate notice. It is our understanding that the town will provide proper training on existing operations and site specific procedures and that a copy of these procedures will be provided in writing to Adirondack Mountain Engineering. Staffing Rates The following rates will apply to operations staff provided by AME to Queensbury. These rates apply both during the training period as well as during operations. Daily rate will mean between the hours of 7:00 am and 3:00 pm. Evening rates will mean between the hours of 3:00 pm and 7:00 am and on weekends. Town of Queensbury September 29,2025 Page 2 Grade lA Operator Daily Rate $95 per hour Grade 1 A Operator Nightly Rate $105 per hour Grade 2A Operator Daily Rate $85 per hour Grade 2A Operator Nightly Rate $95 per hour Hourly rates include all travel, uniform and personal safety equipment expenses. Site specific uniforms and special safety equipment that may be required shall be provided by the town. In addition to operation services, AME is available to provide the town with proposals for water and wastewater engineering services, if requested. If you have any questions or require any additional information,please do not hesitate contacting me at(518) 361-2797 or at the letterhead address. Resumes for engineering and operations staff are available upon request. Sincerely, Adirondack Mountain Engineering,PC Ed M. Hernandez, P.E. Project Manager Adirondack Mountain Engineering, PC PROFESSIONAL SERVICES AGREEMENT TOWN OF QUEENSBURY WATER PLANT STAFFING This Agreement is by and between Town of Oueensbury 742 Bay Road Oueensbury,NY 12804 and, Adirondack Mountain Engineering,PC ("ENGINEER") PO Box 1376 313 Ushers Road Ballston Lake,New York 12019 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 II. 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: John Strough Printed Name: Ed M Hernandez,PE Title: Town Supervisor Title: President Date: Date: Adirondack Mountain Engineering,PC PARTI ENGINEER'S RESPONSIBILITIES ENGINEER shall provide the water treatment plant staffing services for the Town of Queensbury per the proposal dated September 29,2015 and included in Exhibit 1. Either the ENGINEER or the CLIENT may terminate this Agreement by giving the other party thirty (30)days written notice. The ENGINEER assumes no liability for the existing water system,which was not designed by the ENGINEER, to meet State or Federal regulations and or standards. The ENGINEER agrees to follow staffing and operational procedures provided to the ENGINEER in writing by the CLIENT, but assumes no liability for the adequacy of any procedures provided by the CLIENT to meet the goals intended by those procedures. PART II COMPENSATION,BILLING AND PAYMENT CLIENT shall pay the ENGINEER for Services associated with the aforementioned work based upon the description of fees in Exhibit 1. Other tasks requested by Client will be invoiced separately based on predetermined not-to-exceed rates agreed to by both parties. Adirondack Mountain Engineering,PC EXHIBIT 1 Engineering Proposal Adirondack Mountain Engineering, - . ! PC TEL 518 250 1432 PO Box 1376 — 313 Ushers Road FAX:(518)250-0476 • Adirondack Ballston Lake,NY 12019 Mountain Engineering,PC September 29,2015 Chris Harrington, Water Superintendent Town of Queensbury 823 Corinth Road, Queensbury,NY 12804 Re: Water Operation Services Queensbury WTP Dear Mr. Harrington: Adirondack Mountain Engineering (AME) is pleased to offer this proposal to assist the Town of Queensbury with water operator staffing services for the town water treatment facility on Corinth Road. It is our understanding that the water treatment plant consists of a 15 mgd conventional water treatment facility with screening,coagulation,flocculation,sedimentation,filtration and chlorination. The facility receives its raw water supply from the upper Hudson River. AME has NYSDOH certified operations personnel available to assist the town with meeting shift work required for the operation of the water treatment system on an as needed basis. The scope of services will include the following: • AME will provide experienced water operations staff that are NYSDOH certified with 1A and/or 2A operation licenses. Staff will be familiar with general laboratory practices associated with water treatment operation; • Personnel will be available for on-site training specific to the town's treatment system prior to serving individual operations shifts at the facility; • AME staff will be available for shift work during both daytime and nighttime hours. These services are available with the understanding that adequate notice is provided in advance of any scheduled staffing events. AME will be available to work emergency or fill-in shifts as well,but does not guarantee that staff will always be available without adequate notice. It is our understanding that the town will provide proper training on existing operations and site specific procedures and that a copy of these procedures will be provided in writing to Adirondack Mountain Engineering. Staffing Rates The following rates will apply to operations staff provided by AME to Queensbury. These rates apply both during the training period as well as during operations. Daily rate will mean between the hours of 7:00 am and 3:00 pm. Evening rates will mean between the hours of 3:00 pm and 7:00 am and on weekends. Town of Queensbury September 29,2015 Page 2 Grade lA Operator Daily Rate $95 per hour Grade 1 A Operator Nightly Rate $105 per hour Grade 2A Operator Daily Rate $85 per hour Grade 2A Operator Nightly Rate $95 per hour Hourly rates include all travel, uniform and personal safety equipment expenses. Site specific uniforms and special safety equipment that may be required shall be provided by the town. In addition to operation services,AME is available to provide the town with proposals for water and wastewater engineering services, if requested. If you have any questions or require any additional information, please do not hesitate contacting me at (518) 361-2797 or at the letterhead address. Resumes for engineering and operations staff are available upon request. Sincerely, Adirondack Mountain Engineering,PC Ed M.Hernandez,P.E. Project Manager PART 111 STANDARD TERMS AND CONDITIONS 1.STANDARD OF CARE.Services shall be performed in 8.LIMITATIONS OF LIABILITY.No employee or agent accordance with the standard of professional practice of ENGINEER shall have individual liability to CLIENT. ordinarily exercised by the applicable profession at the time and within the locality where the Services are performed. CLIENT agrees that,to the fullest extent permitted by law, Professional services are not subject to,and ENGINEER can ENGINEER'S total liability to CLIENT for any and all not provide, any warranty or guarantee,express or implied, injuries, claims, losses, expenses or damages whatsoever including warranties or guarantees contained in any uniform arising out of or in any way related to the Project or this commercial code. Any such warranties or guarantees Agreement from any causes including, but not limited to, contained in any purchase orders,requisitions or notices to ENGINEER'S negligence,errors,omissions,strict liability,or proceed issued by CLIENT are specifically objected to. breach of contract and whether claimed directly or P Y P Y J y by way of contribution shall not exceed the total compensation received 2.CHANGE OF SCOPE.The scope of Services set forth in by ENGINEER under this Agreement. this Agreement is based on facts known at the time of execution of this Agreement, including, if applicable, In no event and under no circumstances shall engineer be information supplied by CLIENT. liable to client for consequential incidental,indirect,special, q P , or punitive damages. 3. SAFETY. ENGINEER maintains responsibility for the safety of its employees. Unless specifically included as a 9.ACCESS.CLIENT shall provide ENGINEER safe access service to be provided under this Agreement,ENGINEER to any premises necessary for ENGINEER to provide the specifically disclaims any authority or responsibility for Services. general job site safety and safety of persons other than ENGINEER employees. 10. REUSE OF PROJECT DELIVERABLES.Reuse of any documents or other deliverables, including electronic 4. TERMINATION/SUSPENSION. Either party may media,pertaining to the Project by CLIENT for any purpose terminate this Agreement upon 30 days written notice to the other than that for which such documents or deliverables were other party.CLIENT shall pay ENGINEER for all Services, originally prepared, or alteration of such documents or including profit relating thereto,rendered prior to termination, deliverables without written verification or adaptation by plus any expenses of termination. ENGINEER for the specific purpose intended,shall be at the CLIENT'S risk. 5.OPINIONS OF COST.Any opinion of costs prepared by ENGINEER is supplied for the general guidance of the 11. AMENDMENT. This Agreement, upon execution by CLIENT only. Since ENGINEER has no control over both parties hereto, can be amended only by a written competitive bidding or market conditions, ENGINEER instrument signed by both parties. cannot guarantee the accuracy of such opinions as compared to c bids or actual costs to CLIENT. 12. ASSIGNMENT. Except for assignments (a)to entities which control, or are controlled by, the parties hereto or 6. INSURANCE. ENGINEER will maintain insurance (b)resulting from operation of law,the rights and obligations coverage for Professional Liability in amounts in accordance of this Agreement cannot be assigned by either party without with legal, and ENGINEER'S business requirements. written permission of the other party.This Agreement shall be Certificates evidencing such coverage will be provided to binding upon and inure to the benefit of any permitted CLIENT upon request. assigns. 7.INDEMNITIES. To the fullest extent permitted by law, 13. AUTHORITY. The persons signing this Agreement ENGINEER shall indemnify and save harmless CLIENT from warrant that they have the authority to sign as,or on behalf of, and against loss,liability,and damages sustained by CLIENT, the party for whom they are signing. its agents,employees,and representatives by reason of injury or death to persons or damage to tangible property to the extent caused directly by the willful misconduct or failure to adhere to the standard of care described in Paragraph 1 above of ENGINEER,its agents or employees. To the fullest extent permitted by law,CLIENT shall defend, indemnify,and save harmless ENGINEER from and against loss, liability, and damages sustained by ENGINEER, its agents,employees,and representatives by reason of claims for injury or death to persons,damages to tangible property,to the extent caused directly by any of the following: (a) any substance,condition,element,or material or any combination of the foregoing(I)produced, emitted or released from the Project or tested by ENGINEER under this Agreement,or(b) operation or management of the Project.CLIENT also agrees to require its construction contractor, if any, to include ENGINEER as an indemnitee under any indemnification obligation to CLIENT.