4.5 4.5
SERVICESUiazen—Exit 18 Viciuuty Mapping—1-11-16
RESOLUTION AUTHORIZING ENGAGEMENT OF THE CHAZEN
COMPANIES FOR PROFESSIONAL SURVEYING SERVICES TO
COMPLETE MAPPING IN VICINITY OF EXIT 18 IN
THE TOWN OF QUEENSBURY
RESOLUTION NO.: ,2016
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, by Resolution No.: 29,2016, the Queensbury Town Board authorized
engagement of The Chazen Companies for provision of engineering technical services to the
Queensbury Town Board, Queensbury Planning Board, Queensbury Zoning Board of Appeals and
Community Development Department through December 31St, 2016, and
WHEREAS, the Town Board wishes to authorize The Chazen Companies (Chazen) to
complete mapping in the vicinity of Exit 18 of the Town of Queensbury for a sum not to exceed
$33,750 in accordance with Chazen's January 6th, 2016 proposal submitted at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes engagement of the
professional surveying services of The Chazen Companies for an amount not to exceed $33,750 in
accordance with Chazen's January 6th, 2016 proposal submitted at this meeting, for Chazen's
assistance in completing mapping within the vicinity of Exit 18 of the Town of Queensbury, and
BE IT FURTHER,
RESOLVED, that payment for The Chazen Companies' services shall be paid from Account
No.: 001-1440-4720, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to amend
the Town Budget by transferring $33,750 from Contingency Account No.: 001-1990-4400 to
Engineering Consultants Account No.: 001-1440-4720 and/or take any actions needed to provide for
such payment, 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 other action necessary to effectuate the
terms of this Resolution.
Duly adopted this 11th day of January, 2016, by the following vote:
AYES
NOES
ABSENT:
THE
Ght1fl Capital District Office
_ 547 River Street,Troy, NY 12180
COMPANIES P:(518)273-0055 F: (518)273-8391
www.chazencompanies.com
ID
Proud to be Employee Owned
Engineers Hudson Valley Office (845)454-3980
Land Surveyors North Country Office (518)812-0513
Planners
Environmental Professionals
Landscape Architects
January 6,2016
John Strough,Supervisor
Town of Queensbury
742 Bay Road
Queensbury, NY 12804
VIA EMAIL: iohnsc queensbury.net
Re: Proposal for Professional Services
Carey Road Sewer District Mapping
Chazen Proposal Revised#PM15-181
Dear Supervisor Strough:
The Chazen Companies (Chazen)thank you for the opportunity to present this proposal for Professional
Surveying Services to complete mapping within the area of the proposed Carey Road Sewer District
located in the Town of Queensbury, New York.
Scope of Services
The following represents the tasks that you have requested, and that we believe are necessary to
accomplish your desired objectives. Please refer to the Fee and Time Schedule Summary table near the
end of this proposal for the costs and time schedules associated with each task.
Task 001—Topographic Survey ,; *'3 ' . ,
' ;'" �
Scope—Chazen will complete a conventional topographic ,, ,
survey of the areas outlined in red on the adjacent figure
The Horizontal datum will be based on New York State
•Plane Coordinates(NAD83)and the vertical datum will be '. i ,
based on NAVD 88 as observed from GPS observations.A i ,
minimum of 2 permanent site bench marks will be
established. Topographic survey will include structures visible at ground surface. Edge of woods lines,
roads,drives and visible utilities.
Topographic limits are approximately 15,000 L.F. in length and centered on the following roads as
indicated below.
• Corinth Road —approximately 200 feet east of Stevens Road easterly to 100 feet past Big Bay
Road,centered 30 feet each way of centerline of road.
• Carey Road—entire length,centered 25 feet each way of centerline of road.
Chazen Engineering,Land Surveying&Landscape Architecture Co.,D.P.C.
Chazen Environmental Services,Inc.
The Chazen Companies,Inc.
John Strough,Supervisor
January 6,2016
Page 2
• Native Road—from Carey Road to tax parcel 308.20-1-9.2,centered 25 feet each way of centerline
of road.
• Big Bay Road —from Corinth Road southerly to the southeast corner of tax parcel 309.17-1-12,
centered 25 feet each way of centerline of road.
• Silver Circle—from Big Bay Road westerly to end of Silver Circle, centered 25 feet each way of
centerline of road.
• Big Boom Road—Main Street southerly to southwest corner of tax parcel 309.14-1-91 and from
the intersection where Big Boom Road splits northerly to the center of tax parcel 309.14-1-4,
centered 25 feet each way of centerline of road.
Underground utilities will be shown to the extent possible based on surface evidence and maps of
record. Chazen will attempt to contact utility owners and obtain existing underground utility locations
within the project area.This coordination will be facilitated through the appropriate"One Call"center
requesting"design mark out". However,we are increasingly finding that the utility companies will not
mark out their utilities for design services,only for construction related services,so the results of the
design mark out may be limited.The Town of Queensbury will need to identify existing utilities(water/
sewer), including individual water services and supply record plans to Chazen.
Invert elevations will be determined based on measurements taken from the surface without entering
the structure. Utilities will be shown in accordance with CI/ASCE 38-02, "Standard Guidelines for the
collection and depiction of existing subsurface utility data",Quality Levels"C"and"D". The Town will
arrange to have all sanitary and storm structures cleaned from debris prior to the field utility survey.
The highway right of way line for the streets within the project area will be shown approximately based
on the best available record mapping and tax maps, positioned in conjunction with found property line
evidence.
Deliverables—Chazen will prepare an existing conditions base survey and map for the project area
demonstrating the topography of the project corridor.Mapping will be completed at a scale of 1"=40-
feet in Acad Civil 3D format.The base mapping will be utilized for the advancement of design drawings.
Client Responsibilities—The client will arrange for all necessary permissions,to allow Chazen and their
employees to enter upon the lands of others as necessary to complete this proposed project,and to
save and hold harmless Chazen its agents,servants, and employees from any claims for damages for
trespass on the subject premises and adjoining lands.
Schedule—Chazen is prepared to begin work within one(1)week from authorization. It is expected that
the final mapping would be available for delivery approximately five (5) weeks from commencement of
field survey.
In the event that we are obstructed or delayed by inclement weather, then the time therein shall be
extended for a period of time equivalent to the time lost.
S:\0\Proposals\PN1S\Municipal\PM1S-181 T Queensbury Exit 18 Sewer District Survey\Revised PM1S-181 T.Queensbury But 18 Sewer Survey Proposal 1-6-2016.docx
John Strough,Supervisor
January 6,2016
Page 3
Assumptions and Limitations-Cost itemized herein are for those task specifically mentioned and do not
include the following:
• Boundary survey of individual parcels.
• Easement surveys or easement mapping.
• . Finding and locating the existing sewer or water laterals at each residence.
• Survey associated with the Broad Street or Luzerne Road improvements.
Fee and Time Schedule Summary
Tasks Fee Estimates Proposed Schedules
Task Task Lump Sum NYS Prevailing Wage(1) Projected
No. Description Fee Bill Start/End Dates
001 Topographic $25,120 $8,630 Start: 1 week from authorization
Survey Completion:5 weeks from
commencement of field work.
TOTAL $33,750.00
(1)Note:Rates are based on the current New York State Department of Labor Prevailing Wage Rates
and Supplemental Benefits for survey field staff and are included in the Reimbursable Expenses.
Agreement
If you find this proposal acceptable please sign and return a copy of our Standard Agreement(attached).
Receipt of an executed copy of this Agreement will be our authorization to schedule the performance of
this work.This proposal is valid for 30 days from the date hereof.
Receipt of an executed copy of this correspondence will be our authorization to schedule the performance
of this work.
Please feel free to contact me at (518) 266-7347 if you have any questions. Chazen looks forward to
working with you on this project.
Sincerely,
p A
Eric P.Johnson,P.E., LEED AP
Director,Municipal Engineering
cc:All Proposals List
Chris Round,AICP
S:\0\Proposals\PN15\Municipal\PM15-181 T Queensbury Exit 18 Sewer District Survey\Revised PM15-181 T.Queensbury Exit 18 Sewer Survey Proposal 1-6-2016.docx
Professional Services Agreement Proposal Number:PM15-181
Project Name: Exit 18 Sewer Survey Project Number:
AGREEMENT MADE this day of 2015 by and between Chazen Engineering,Land Surveying&
Landscape Architecture Co.,D.P.C. (CELSLA)or Chazen Environmental Services, Inc. (CES), each existing under the laws
of the State of New York, with their principal places of business at 21 Fox Street,Poughkeepsie, New York 12601 (hereafter
referred to collectively as"Chazen")and (hereafter referred to as"Client").
1. PURPOSE: Client hereby retains Chazen to perform the services described in the Proposal For Professional Services
dated January 6.2016 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.
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.
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,
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Professional Services Agreement Proposal Number:PM15-181
Project Name: Exit 18 Sewer Survey Project Number:
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. INDEMNITY &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
agrees to indemnify Client against loss caused by 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.
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
The Chazen Companies Page 2 of 3
Professional Services Agreement Proposal Number:PM15-181
Project Name: Exit 18 Sewer Survey Project Number:
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
By: By:
Printed Name: Printed Name:
Date: Date:
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