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4.11 4.11 FINANCIAL\2016\Establish Cap Proj Fund 208—Highway Garage Project and Hire CT Male—2-8-16 RESOLUTION AUTHORIZING ESTABLISHMENT OF HIGHWAY GARAGE CONSTRUCTION PROJECT - CAPITAL PROJECT FUND #208 AND ENGAGEMENT OF C.T. MALE ASSOCIATES TO PROVIDE PROFESSIONAL SERVICES RELATED TO FEASIBILITY STUDY RESOLUTION NO.: , 2016 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, the Queensbury Town Board wishes to evaluate the feasibility of the construction of a new Town Highway Garage, and WHEREAS, the Town Board therefore wishes to establish a Capital Project for such Project and establish and fund the Revenue and Expense Accounts for the Capital Project in a total amount of$50,000, and WHEREAS, the Town Board wishes to engage the engineering and design services of C.T. Male Associates to assist the Town with evaluating such Project for an amount not to exceed the amount of $13,900 as delineated in C.T. Male Associates' proposal dated February 3, 2016 and presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the establishment of the Highway Garage Capital Project and the establishment of a Capital Project Fund to be known as the Highway Garage Capital Project Fund #208 which Fund will establish funding for expenses associated with this Project, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that funding for such Capital Project shall be by a transfer of $50,000 from Capital Reserve Fund #64 to transfer to Highway Garage Capital Project Fund #208, and BE IT FURTHER, RESOLVED that the Town Board further authorizes and directs the Town Budget Officer to take all action necessary to establish the following accounts for such appropriations and revenues as necessary: • 001-9950-9030-0064 Transfer to Capital Project - $50,000 • 208-0000-55031 Interfund Revenue - $50,000 • 208-1620-2899 Capital Construction - $50,000 and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the 2016 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 and directs engagement of C.T. Male 2 Associates to evaluate the feasibility of the construction of a new Town Highway Garage for an amount not to exceed the amount of$13,900 as delineated in C.T. Male Associates' proposal dated February 3, 2016 and presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign the Proposal with C.T. Male and any other necessary Agreements or documentation and the Town Supervisor and/or Town Budget Officer take any and all action necessary to effectuate all terms of this Resolution, and BE IT FURTHER, RESOLVED, that this Resolution is subject to a permissive referendum in accordance with the provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town Clerk to publish and post such notices and take such other actions as may be required by law. Duly adopted this 8th day of February, 2016, by the following vote: AYES NOE S AB SENT : 3 C.T. MALE ASSOCIATES Engineering,Surveying, Architecture & Landscape Architecture, D.P.C. U En_ 50 Century Hill Drive, Latham,NY 12110 "-AIM Cs] 518.786.7400 FAX 518.786.7299 ctmale @ctmale.com 1`-/�j1 February 03, 2016 The Honorable John Strough, Supervisor Re: Proposal Letter- Feasibility Study Town of Queensbury New Highway Garage 742 Bay Road Queensbury, NY 12804 Mr.Strough: As requested, C.T. Male Associates Engineering, Surveying, Architecture & Landscape Architecture, DPC (C.T. Male Associates) is pleased to submit our proposal to prepare a Feasibility Study for the proposed construction of a new Town Highway Garage. Under this proposal services will include conceptual design for a new heated vehicle storage garage building for highway trucks, exterior truck wash-down area, salt storage, sand pile, and site planning and infrastructure improvements associated with the new building. Conceptual design services are outlined as follows: 1. Schematic Site layout a. Show existing layout conditions/buildings/facilities b. Show proposed building that will house trucks/snowplows i. Placement/location options for best accommodation c. Vehicle wash-down area i. Placement/location options for best accommodation d. Salt storage shed i. Placement/location options for best accommodation e. Sand pile i. Placement/location options for best accommodation f. Infrastructure locations i. Oil-water separator ii. Underground utility services (water/sewer) iii. Electric service g. Land utilization, including conceptual grading and storm drainage 2. Schematic Building Design a. Pre-engineered metal shell to store 20-22 trucks with snowplows b. One unisex restroom (may require code variance by municipality) c. Design Options i. Size/proportion ii. Parking layouts iii. Door locations iv. Special facilities/equipment d. Conceptual building plan e. Conceptual building elevations C.T.MALE ASSOCIATES Architecture&Evading Systems Engineering • Civil Engineering • Er;vironmentol Services •Survey&Lana Information Services C.T. MALE ASSOCIATES January 22,2016 Feasibility Study-New Highway Garage Page-2 3. Infrastructure assessments a. Oil-water separator existing capacity and expansion options b. Sewer discharge c. Domestic water d. Electric 4. Site Development Assessment a. Construction phasing considerations b. Surface/subsurface conditions (limited to coordination with available survey data) c. Identification of environmental requirements 5. Preliminary cost estimating a. Construction b. Contractor supervision c. Work required by general/supplementary conditions d. Contractor overhead & profit e. Engineering/Architecture fees. C.T. Male Associates will explore various schematic site layouts and assist with the selection of a final best option. C.T. Male Associates will conduct on-site progress meetings with the Client for the purposes of presenting schematic concepts, coordinating design revisions, and assisting in the selection of a final best option. The number of on-site meetings will be limited to three (3). At the meetings C.T. Male Associates will be represented by at least one registered design professional. C.T. Male Associates may elect to have additional representatives present as may be appropriate for the subject of the meeting. In addition to the progress meetings C.T. Male Associates will visit the site to gather information about existing site conditions as may be necessary to develop the schematic site designs. To develop the proposed concept designs C.T. Male Associates will use available site mapping and boundary data to be provided by the Town of Queensbury. Topographic survey, geotechnical investigations, environmental site assessments or SEQRA review services are not included in the scope of this proposal but may be provided as an additional service, if required. At the completion of this Feasibility Study, the Client will receive one hard-copy set and one electronic copy (PDF format) of the documents produced. Compensation for C.T. Male Associates' services shall be on a time and expense basis. Hourly rates shall be in compliance with the attached Schedule of Representative Charge Rates. Expenses shall be billed in accordance with attached Reimbursable Expenses sheet. C.T. Male Associates shall Invoice for the work as it progresses. Invoices will include backup documentation explaining the charges on each Invoice. Total invoices for this project, unless modified in writing and accepted by both parties, shall not exceed Thirteen thousand nine hundred dollars ($13,900). C.T.MALE ASSOCIATES Architecture&BJilding Systems Engineering • Civil Engineering • Environmental Services •Survey&Lana Information Services C.T. MALE ASSOCIATES January 22,2016 Feasibility Study-New Highway Garage Page-3 If you agree to the terms of this Letter of Proposal, it shall serve as the form of agreement for C.T. Male Associates to prepare the Feasibility Study, as described herein for the Town of Queensbury. A signature from an appropriate representative of the Town of Queensbury below indicates your agreement with these terms. Should you have any questions regarding our proposal and fee, please contact our office directly at (518) 786-5200. Thank you again for your consideration of C.T. Male Associates on this most important project. We are confident that our team can provide you with all of the professional services needed to accomplish your goals and objectives. Sincerely, C.T. MALE ASSOCIATES 60 , Randall DeFranco, AIA Senior Project Architect This Agreement represents the entire and integrated agreement between the Client and C.T. Male Associates and supersedes all prior negotiations, representations or agreements, either written or oral.This Agreement may be amended only by written instrument signed by both Client and C.T. Male Associates. This Agreement is comprised of the following documents listed below: 1. This signed Proposal Letter, 2. C.T. Male Associates Standard terms and Conditions of Agreement (attached), 3. C.T. Male Associates Schedule of Representative Charge Rates (attached), 4. C.T. Male Associates Reimbursable Expenses (attached). Client Signature: (name) (date) (title) C.F.MALE ASSOCIATES Architecture&Building Systems Engineering • Civil Engineering • Environmental Services •Survey&Land Information Services C.T. Male Associates STANDARD TERMS AND CONDITIONS OF AGREEMENT 1. EXTRA WORK: Extra work shall indude, but not be limited to, additional office or field work caused by policy or procedural changes or governmental agencies,changes in the project,and work necessitated by any of the causes described in Paragraph 5 hereof. All extra work to be authorized by CLIENT in writing prior to commencement by C.T.MALE ASSOCIATES. 2. OWNERSHIP OF DOCUMENTS AND/OR ELECTRONIC MEDIA FILES: In the event the CLIENT uses the documents produced under this agreement without retaining C.T.MALE ASSOCIATES,the CLIENT releases the Architect from all claims and causes of action arising from such uses.The CLIENT,to the extent permitted by law,further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses,including the cost of defense,related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the CLIENT's use of the documents produced. 3. LIMITATIONS OF PROBABLE COST ESTIMATES: Any estimate of the probable construction cost of the project or any part thereof is not to be construed,nor is it intended,as a guarantee of the total cost 4. APPROVAL OF WORK: The work performed by C.T.MALE ASSOCIATES shall be deemed approved and accepted by CLIENT as and when invoiced unless CLIENT objects within 30 days of the invoice date by written notice specifically stating the details in which CLIENT believes such work is incomplete or defective. 5. PAYMENT: payments for services shall be made monthly in proportion to services performed.Payments are due and payable upon presentation of the Architect's invoice.Amounts unpaid thirty(30)days after the invoice date shall bear interest at the rate of 1.25%monthly. 6. DELAY: Any delay,default,or termination in or of the performance of any obligation of C.T.MALE ASSOCIATES under this Agreement caused directly or indirectly by strikes, accidents, acts of God, shortage or unavailability of labor, materials, power or transportation through normal commercial channels,failure of CLIENT or CLIENT's agents to furnish information or to approve or disapprove C.T. MALE ASSOCIATES'work promptly,late,slow or faulty performance by CLIENT,other contractors or governmental agencies,the performance of whose work is precedent to or concurrent with the performance of C.T. MALE ASSOCIATES'work,or any other acts of the CLIENT or any other Federal,State, or local government agency,or any other cause beyond C.T.MALE ASSOCIATES'reasonable control,shall not be deemed a breach of this Agreement The occurrence of any such event shall suspend the obligations of C.T. MALE ASSOCIATES as long as performance is delayed or prevented thereby,and the fees due hereunder shall be equitably adjusted. 7. TERMINATION: The obligation to provide further services under this Agreement may be terminated by either party upon seven(7)days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. In the event of any termination,C.T. MALE ASSOCIATES shall be paid for all services rendered to the date of termination,as well as for all reimbursable expenses and termination expenses. For purposes of this section,the failure of the CLIENT to pay C.T.MALE ASSOCIATES within thirty(30)days of receipt of an invoice shall be considered such a substantial failure.•In the event of a substantial failure on the part of the CLIENT,C.T.MALE ASSOCIATES,in addition to the right to terminate set forth in this paragraph,may also elect to suspend work until the default in question has been cured. No delay or omission on the part of C.T. MALE ASSOCIATES in exercising any right or remedy hereunder shall constitute a waiver of any such right or remedy on any future occasion. 8. INDEMNIFICATION: CLIENT shall indemnify,defend and hold C.T. MALE ASSOCIATES harmless for any and all loss,cost,expense,daim, damage,or liability of any nature arising from: (a)soil conditions;(b)changes in plans or specifications made by CLIENT or others;(c)use by CLIENT or others of plans,surveys,or drawings unsigned by C.T. MALE ASSOCIATES or for any purpose other than the specific purpose for which they were designed;(d)job site conditions and performance of work on the project by others;(e)inaccuracy of data or information supplied by CLIENT;and(f)work performed on material or data supplied by others,unless said loss was solely caused by C.T.MALE ASSOCIATES'own negligence. 9. LITIGATION: Should litigation be necessary to collect any portion of the amounts payable hereunder,then all costs and expenses of litigation and collection,induding without limitation,fees,court costs,and attorney's fees(including such costs and fees on appeal),shall be the obligation of the CLIENT. 10. OBSERVATION AND TESTING OF CONSTRUCTION,SAFETY: The observation and testing of construction is not induded herein unless specifically agreed upon in the Scope of Services as set forth in Paragraph A of this Agreement It should be understood that the presence of C.T. MALE ASSOCIATES'field representative wll be for the purpose of providing observation and field testing. Under no circumstances is it C.T. MALE ASSOCIATES'intent to directly control or supervise the physical activities of the contractor's workmen to accomplish the work on this project. The presence of C.T. MALE ASSOCIATES' field representative at the site is to provide the CLIENT with a continuing source of information based upon the field representative's observations of the contractor's work,but does not indude any superintending,supervision,or direction of the actual work of the contractor or the contractor's workmen. The contractor should be informed that neither the presence of C.T. MALE ASSOCIATES'field representative nor observation and testing personnel shall excuse the contractor in any way for defects discovered in his work. It is understood that C.T.MALE ASSOCIATES will not be responsible for job or site safety on the project. 11. RESTRICTIONS ON USE OF REPORTS: It should be understood that any reports rendered under this Agreement will be prepared in accordance with the agreed Scope of Services and pertain only to the subject project and are prepared for the exclusive use of the CLIENT. Use of the reports and data contained therein for other purposes is at the CLIENT's sole risk and responsibility. 12. RISK ALLOCATION: The CLIENT agrees that C.T. MALE ASSOCIATES'liability for damages to the CLIENT for any cause whatsoever in connection with this project,and regardless of the form of action,whether in contract or in tort,induding negligence,shall be limited to C.T.MALE ASSOCIATES'total fee for services rendered on the project. 13. CLIENT RESPONSIBILITIES: Client shall be responsible for providing all reasonable assistance required by C.T. MALE ASSOCIATES in connection with Services,including,without limitation,any assistance specified in the Proposal. In particular,Client will provide the following:1.) Reasonable ingress to and egress from the Site by C.T. MALE ASSOCIATES and/or its subcontractors and their respective personnel and equipment 2.)Clean,secure,and unobstructed space and areas at the Site for C.T.MALE ASSOCIATES equipment and vehicles or those of C.T. MALE ASSOCIATES'subcontractors. 14. CONTROLLING LAWS: This Agreement is to be governed by the laws of the State of New York. 15. INSURANCE: C.T.MALE ASSOCIATES shall procure and maintain throughout the period of this Agreement,at C.T.MALE ASSOCIATES'own cost,insurance for protection from claims under worker's compensation,temporary disability and other similar insurance required by applicable State and Federal laws. Certificates for all such policies of insurance shall be provided to the CLIENT upon written request. C.T. MALE ASSOCIATES shall not be responsible for any loss,damage or liability beyond the amounts,limits and conditions of such insurance. 16. SUCCESSORS AND ASSIGNS: Neither CLIENT nor C.T. MALE ASSOCIATES shall assign,sublet,or transfer any rights under or interest in (including,but without limitation,moneys that may become due or moneys that are due)this Agreement without the written consent of the other, except to the extent that any assignment,subletting or transfer is mandated by law or the effect of this limitation may be restricted by law. 17.MEDIATION: CLIENT and C.T.MALE ASSOCIATES agree to make every effort to resolve all claims,disputes or controversies arising out of,or in relation to the interpretation, application or enforcement of this agreement through mediation. The parties further agree that the CLIENT will require, as a condition for participation in the project and their agreement to perform labor or services, that all contractors, subcontractors, subcontractors and material-persons,whose portion of the work amounts to five thousand dollars($5,000)or more,and their insurers and sureties shall agree to this procedure. 18.EQUAL EMPLOYMENT OPPORTUNITY: C.T.MALE ASSOCIATES is committed to equal employment opportunity for all persons regardless of race,color,sex,age,national origin,marital status,handicap,or veteran's status. In striving to eliminate discrimination in the workplace,it is our policy to deal only with sub-contractors,vendors,suppliers,and other affiliates who recognize and support equal employment opportunity and comply with all applicable State and Federal Equal Employment Opportunity laws and regulations including the annual filing of Standard Form EEO-1. 19. NOTICES: All notices called for by this Contract shall be in writing and shall be deemed to have been sufficiently given or served when presented personally and when deposited in the mail,postage prepaid,certified and return receipt requested. END STANDARD TERMS AND CONDITIONS OF AGREEMENT C.T.MALE ASSOCIATES Architecture&Euildrg Systems Engineering • Civil Engineering • Environmental Services •Survey&Lora Information Services SCHEDULE OF REPRESENTATIVE mEN CHARGE RATES Cs� January - December 2016 Professional Level Classifications Rate Per Hour P7- President,Chief Executive $250.00 P7- Vice President(s) $235.00 P6- Managing: Engineer,Environmental Scientist,Surveyor,Architect, $140.00 to$210.00 Land Planner,GIS Specialist P5- Senior:Engineer,Environmental Scientist,Surveyor,Architect, $103.00 to$155.00 Land Planner,Project Manager,GIS Specialist P4- Project: Engineer,Environmental Scientist,Surveyor,Architect, $105.00 to$135.00 Land Planner,Manager,GIS Specialist P3- Assistant Project: Engineer,Environmental Scientist,Surveyor, $98.00 to $118.00 Architect,Senior Architect Intern,Land Planner P2- Design Engineer,Environmental Scientist,Architect,Architect Intern, $75.00 to $110.00 Intern Land Planner;Project Coordinator P1- Intern/Junior: Engineer,Environmental Scientist,Surveyor,Architect $55.00 to $85.00 Technical Level Classifications T6- Senior Designer,Senior Construction Observer,Senior $88.00 to$117.00 Engineering Technician,Senior GIS Technician,Senior Crew Chief T5- Engineering Technician V,Designer,Senior Designer, $80.00 to$98.00 Construction Observer,Senior Crew Chief,Environmental Technician,GIS Technician,Survey Technician,GPS Manager T4- Senior Drafter,Construction Observer,Field Scientist,Crew $66.00 to $95.00 Chief,Designer,Instrument Operator,Survey Technician T3- Drafter,Instrument Operator,Survey Technician $50.00 to $86.00 T2- Instrument Operator,Drafter $45.00 to $72.00 Tl- Junior Drafter,Instrument Operator Intern,Junior Technician $40.00 to $55.00 Support Services S- Administrative Assistant,Clerk,Project Coordinator $53.00 to $85.00 Rev 1/8/16 REIMBURSABLE EXPENSES • January - December 2016 • gi] oi- 1. Travel: * mileage and tolls($.54 per mile) * car rental,gas * train * airplane(coach fare) * taxi,subway,bus * parking • travel time tips 2. Meals and Lodging: At cost. 3. Photocopies: $0.14 each * color copies/photos 8 1/2x11 $.75 each 11x17 $1.50 each 4 Report Printing:10 copies or more($.07 per page),less than 10 copies($.14 per page) * specifications * bindings * 3-Ring binders for reports-at cost 5. Printing: * B&W:$.35/per square foot * Color:$.39/per square foot * Mylars:$2.00/per square foot 6. Scanning: * $0.14/per 81/z x 11 * $0.35/per square foot 7. CD Burning: * $2.00/per CD 8. Rental or purchased equipment: Tools(e.g.scaffolding,special lighting,etc.for measuring and photographing existing building),at cost. 9. Telephone charges: * Long distance charges: At cost * Cellular telephone charges: $.25 per minute 10. Fax charges: * One page $1.00(minimum charge) * Two or more pages $ .50(per page up to$10.00) 11. Mail Deliveries: * Certified mail $3.45,not including first class postage * Return receipt $2.80,not including first class postage * Insurance $1.95/$50 per piece mailed * Bulk mailings Large reports,etc.,Client cost to mail,typically UPS ground * Courier service Client cost to courier/deliver * Overnight service Federal Express,UPS,etc.,at cost to Client 12. Consultant's Expenses: With 10%mark-up Rev 1/8/16