3.09 3.9
SERVICESTA Group-General Services—5-2-16
RESOLUTION AUTHORIZING ENGAGEMENT OF THE LA GROUP
LANDSCAPE ARCHITECTURE AND ENGINEERING, P.C. FOR
PROVISION OF GENERAL CONSULTANT SERVICES
RESOLUTION NO.: ,2016
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, the Queensbury Town Board wishes to engage the general consultant services
of The LA Group Landscape Architecture and Engineering, P.C. (The LA Group) on an as-needed
basis to assist the Town with various potential projects, and
WHEREAS, a proposed Agreement for Consultant Services between the Town and the LA
Group is presented at this meeting and is in form acceptable to Town Counsel,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes engagement of The LA
Group Landscape Architecture and Engineering, P.C. (The LA Group) on an as-needed basis to
assist the Town with various potential projects, and
BE IT FURTHER,
RESOLVED, that no services shall be provided by The LA Group unless and until the
Town provides The LA Group with express written authorization to begin the particular
work/project, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute
the Agreement for Consultant Services substantially in the form presented at this meeting and/or
any other needed documentation, and
BE IT FURTHER,
RESOLVED, that payment for such services shall be from the appropriate Town accounts
as may be determined by the Town Supervisor, Director of Planning, Zoning and Code Compliance
and/or Town Budget Officer, and
BE IT FURTHER,
RESOLVED, that the Town Board and authorizes and directs the Town Supervisor,
Director of Planning, Zoning and Code Compliance 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 2"d day of May, 2016, by the following vote:
AYES
NOES
ABSENT:
kg.
The __A GROUP
Landscape Architecture m Engineering P.C.
40 Long Alley
Saratoga Springs
NY 12866
April 27, 2016 518-587-8100
A
p / s18-587-0180
wwta_thelagroup.com
Mr.John Strough, Supervisor
Town of Queensbury
742 Bay Road
Queensbury,NY 12804
Re: Contract for Services
Dear John:
Enclosed you will find two(2)copies of a general services contract that outlines the work The LA
Group Landscape Architecture and Engineering,P.C. (The LA Group) could perform for the Town
of Queensbury.The contract is consistent with our recent discussion and establishes a means for
subsequent addendums authorizing specific projects to be undertaken only when authorized by the
Town Board.No work will commence and no cost will be incurred until such authorization is
provided under a signed addendum to this contract from the Town Board.
Please review the enclosed contract, sign one copy,and return it to my attention at the address listed
on this letterhead.This contract is valid for a period of one(1) year from the agreement date.
Also,as per our discussion at our recent meeting,I am enclosing a list of services that we could
immediately undertake.
Thank you for the opportunity to be of service to the Town of Queensbury. Please feel free to
contact us if you have any questions or concerns regarding this matter.
Sincerely,
r,
A... 4/
l
James M.Martin,AICP, APA
Senior Planner/Economic Development Specialist
jmartin @thelagroup.com
cc: The LA Group Business Office
David M.Miller,RLA—LA Group Associate Principal
AGREEMENTTOR CONSULTANT SERVICES .: $,Y,.
This agreement entered into on ,between The LA Group Landscape
Architecture and Engineering,P.C., a New York professional corporation with its
principal offices located at 40 Long Alley, Saratoga Springs,NY 12866 hereinafter
referred to as The LA Group and the Town of Queensbury, 742 Bay Road, Queensbury,
NY 12804,hereinafter referred to as Client.
1. Scope of Services
The LA Group agrees to provide services to Client as detailed herein Attachment
A or as may be further described in subsequent change orders.No services shall
be provided and no work shall be performed unless and until the Town provides
The LA Group with written authorization to begin the particular work.
This is a non-exclusive agreement and the Client may contract for engineering
and design services with other entities.
2. Commencement Date and Term
This signed agreement and required information is necessary prior to this
agreement becoming effective, and before commencement of work. This
agreement is subject to renegotiation if acceptance is not received within 30 days
of the date set forth above.Any request for an estimate of time in which the
services detailed in the Scope of Services are to be completed shall be made in
writing. This agreement shall be for a term of one year,which shall commence on
the date set forth above.
3. Compensation
A. In consideration of the services to be provided as described in Attachment A of
this agreement,the Client agrees to compensate The LA Group on an hourly or
lump sum basis as agreed upon for each specific project. A current summary of
hourly rates by job description is set forth in Attachment A.
B. Additional Fees: The above fee does not include extra work(as defined in the
attached Standard Terms and Conditions of Agreement)or reimbursable
expenses,which include, but are not limited to the following: travel,printing and
copying,postage and delivery, additional copies of plans,telephone calls,etc.
These expenses are in addition to our fee and will be separately invoiced to you.
Revisions or additions to certifications or plans after The LA Group has released
the plans to the Client or the Client's authorized representative will be an
additional charge for each revision. Reimbursable expense rates are listed in
Attachment`B."
Agreement for Consultant Services Page-1
The LA Group,Landscape Architecture&Engineering,P.C.
Client Initials
C. Change Orders: All changes to the scope of services must be requested by Client
to The LA Group project manager, in writing and approved by the same in
advance of work being performed. Client agrees to pay for any additional services
requested in any change order signed by any contractor, agent, representative, etc.
working on project.All addenda and Change Orders shall be listed and
incorporated in Attachment"C."
D. Payment Due: The amount of any invoice shall be due at the time of billing,
which shall occur periodically throughout the project.The LA Group reserves the
right to stop work on the project should an account balance due go beyond 60
days due. Work will resume once the balance is brought current.
4. Time Schedule
The LA Group shall perform its services as expeditiously as possible,while at the
same time maintaining professional skill and care. During the course of this
project, anticipated and unanticipated events may impact any project schedule.
The LA Group's services often include the procurement of approvals from
governmental agencies and municipal authorities. The success and timing of said
approvals depends,to a good extent,upon factors beyond The LA Group's
control. The LA Group shall keep Client informed of the status of applications for
approval and encourage Client to inquire about the process. The LA Group
cannot, however, guarantee that all applications for the project shall be approved
or that approvals shall be obtained within a specific duration of time.
Agreement for Consultant Services Page-2
The LA Group,Landscape Architecture&Engineering,P.C.
Client Initials
AUTHORIZATION FOR EXECUTION
The undersigned warrants that he/she has the authority to sign as,or in the case of a
Corporate Client,on behalf of,the Client. If the undersigned does not have the authority
to act on behalf of the Client,the undersigned will individually pay any and all
obligations of Client arising under the terms of this Agreement, including obligations for
the payment of any legal services required to enforce this agreement.
This agreement represents the complete and integrated agreement between the parties and
supercedes all prior agreements, it may be amended only in writing and is binding upon
the parties,their successors,assigns and legal representatives. In the event that any term
or provision of this agreement is found to be void, invalid, or unenforceable for any
reason,that term or provision shall be deemed stricken from this agreement with the
remaining provisions of the agreement to remain in full force and effect.
This agreement, as signed by the Client or Client's Representative, includes the attached
Standard Terms and Conditions of Agreement which are incorporated herein by this
reference,and to which the Client agrees to be bound.
Date Client Signature
Date The LA Group
Agreement for Consultant Services Page-3
The LA Group,Landscape Architecture&Engineering,P.C.
Client Initials
STA`NI 'R'TJRMS AND.CONDITIONS OF WAG-11E0,1E1W
1. Extra Work furnish information or to approve or
disapprove The LA Group's work promptly,
Extra work may include,but not be limited late,slow or faulty performance by Client,
to,additional office or field work caused by other contractors or governmental agencies,
policy or procedural changes of the performance of whose work is precedent
governmental agencies,request by Client or to or concurrent with the performance of
his representative or changes in the scope of The LA Group's work,or any other acts of
the project and/or work as directed by Client the Client or any other Federal,State,or
or his/her agent.All extra work will be local government agency,or any other cause
authorized by Client in writing prior to beyond The LA Group's reasonable control,
commencement by The LA Group. shall not be deemed a breach of this
Agreement.The occurrence of any such
2. Restrictions on Use of Work Product event shall suspend the obligations of The
LA Group as long as performance is delayed
It should be understood that any work or prevented thereby,and the fees due
product prepared under this or subsequent hereunder shall be equitably adjusted,as
agreements will be prepared in accordance agreed by The LA Group and Client.In
with the agreed Scope of Services and addition,The LA Group reserves the right to
pertain only to the subject project.This work consider this agreement null and void should
is prepared for the exclusive use of the work cease for any reason not caused by the
Client.Use of the work product for any LA Group,its employees or agents,and not
other purposes is at the Client's sole risk and resume for a period of ninety days or longer.
responsibility.The LA Group is not liable In the event the work is to resume after this
for the unauthorized use and/or reuse of said period,the fees associated with this
work product by Client or third parties. agreement are subject to renegotiation.
4. Approval of Work 6. Termination
Client hereby affirms the work product of The obligation to provide further services
The LA Group will be reviewed by Client or under this Agreement may be terminated by
his agent upon delivery.Client will make either party upon ten(10)days written
arrangements to review and approve any notice delivered via certified mail in the
work product in advance of dissemination to event of substantial failure by the other party
any municipality.In the event Client or his to perform in accordance with the terms
agent does not review documents prior to hereof through no fault of the terminating
dissemination to a municipality,Client party.In the event of any termination,The
waives such review.Unless waived as set LA Group shall be paid for all services
forth above,the work performed by The LA rendered to the date of termination,as well
Group shall be deemed approved and as for all reimbursable expenses and
accepted by Client upon delivery,unless termination expenses.For purposes of this
Client objects in writing within 30 days of section,the failure of the Client to pay The
delivery.Such notice shall state in detail the LA Group within sixty(60)days of receipt
manner in which Client believes such work of an invoice shall be considered a
is incomplete or defective. substantial failure.In the event of a
substantial failure on the part of the Client,
5. Delay The LA Group,in addition to the right to
terminate set forth in this paragraph,may
Any delay,default,or termination in or of also elect to suspend work until the default
the performance of any obligation of The in question has been addressed.No delay or
LA Group under this Agreement caused omission on the part of The LA Group in
directly or indirectly by strikes,accidents, exercising any right or remedy hereunder
acts of God,shortage or unavailability of shall constitute a waiver of any such right or
labor,materials,power or transportation remedy on any future occasion.
through normal commercial channels,
failure,of Client or Client's agents to
7. Indemnification other matter in question has arisen,but such
a time shall not exceed six months from the
Client shall indemnify,defend and hold The date of the alleged dispute.The award
LA Group harmless for any and all loss, rendered by the arbitrator shall be final,and
cost,expense,claim,damage,or liability of judgment may be entered upon it in
any nature arising from:(a)soil conditions; accordance with applicable law in any court
(b)changes in plans or specifications made having jurisdiction thereof.The prevailing
by Client or its representatives/agents;(c) party shall be entitled to recover costs,
use by Client or its representatives/agents of interest,reasonable attorney's fees and
plans,surveys,or drawings,unsigned by expert witness fees.Arbitration shall not be
The LA Group for any propose other than a prerequisite for either party to pursue
the specific purpose for which they were enforcement of its rights under this
designed;(d)job site conditions and Agreement through Court action.
performance of work on the project by
others;(e)inaccuracy of data or information 11. Observation and Testing of Construction,
supplied by Client;and(f)work performed Site Safety
on material or data supplied by others,
unless said loss was caused by The LA The observation and testing of construction
Group's own negligence. is not included herein unless specifically
agreed to and outlined in the Scope of
8. Litigation Services as set forth in the agreement.It
should be understood that the presence of
Should litigation be necessary to collect any The LA Group's field representatives will be
portion of the amounts payable to The LA for the purpose of providing the specified
Group hereunder,all costs and expenses of work to the Client.Under no circumstances,
litigation and collection,including without is it The LA Group's intent to directly
limitations,fees,court costs,and attorney's control or supervise the physical activities
fees(including such costs and fees on on site to accomplish the work on this
appeal),shall be the obligation of the Client. project.The presence of The LA Group's
This Agreement is to be governed by the field representative at the site is to provide
laws of the State of New York.The parties the Client or his representative with a
mutually agree and accept that all disputes continuing source of information based upon
regarding the nonpayment of fees by the the field representative's observations of the
Client to The LA Group,for a monetary contractor's work.This presence does not
value equal to or less than$5,000.00,shall include any supervision,or direction of the
be venued in the City Court for the City of actual work of any contractor or the
Saratoga Springs. contractor's workmen present on site.The
contractor should be informed that neither
9. Arbitration the presence of The LA Group's field
representative nor the observation and
Client and The LA Group agree to make testing personnel from The LA Group shall
every effort to resolve all claims,disputes or excuse the contractor in any way for defects
controversies arising out of,or in relation to discovered in his work.It is understood that
the interpretation,application or The LA Group will not be responsible for
enforcement of this agreement through job or site safety on the project.
arbitration.The parties further agree that the
Client will require that all contractors, 12. Insurance
subcontractors,and material-persons,and
their insurers and sureties whose fee, The LA Group shall procure and maintain
services or materials exceed five thousand throughout the period of this Agreement,at
dollars($5,000),as a condition for The LA Group's own cost,insurance for
participation in the project and agreement to protection from claims under worker's
perform labor or services,submit to the use compensation,disability and other similar
of arbitration to resolve any disputes.Any insurance required by applicable State and
demand for arbitration shall be made within Federal Laws.Certificates for all such
a reasonable time after the claim,dispute,or
policies of insurance shall be provided to the 17. Site Conditions
Client upon written request.
If the Client desires and/or requires limits Client shall provide The LA Group with any
higher than those that The LA Group information regarding potential hazards or
maintains,The LA Group shall make every whether personal protective measures are
effort to procure that insurance. required when working on project site(s)
associated with this agreement.The LA
13. Successors and Assigns Group personnel shall be afforded the
opportunity to review any health and safety
Neither Client nor The LA Group shall plans available for the site(s)that they will
assign,sublet,or transfer any rights under or be working on.
interest in(including,but without limitation,
moneys that may become due or moneys 18. Right of Entry and Utility Clearance
that are due)this agreement without the
written consent of the other,except to the The Client agrees to furnish the right of
extent that any assignment,subletting or entry to the project site for The LA Group or
transfer is mandated by law or the effect of its representatives and warrants(if the site is
this limitation may be restricted by law. not owned by Client)that permission has
been granted to make planned borings and
14. Equal Employment Opportunity other explorations and field investigations
pursuant to the scope of services.Client
The LA Group is committed to equal further agrees to provide to The LA Group
employment opportunity for all persons information that identifies the location of
regardless of race,color,sex,age,national buried utilities in the areas of subsurface
origin,marital status,handicap,or veteran's exploration.The LA Group will direct or
status.In striving to eliminate discrimination specify that reasonable precautions be taken
in the work place,it is our policy to deal during field explorations or construction to
only with subcontractors,vendors,suppliers, avoid any damage to the utilities noted.
and other affiliates who recognize and However,Client agrees to defend,
support equal employment opportunity and indemnify,and hold harmless The LA
comply with all applicable State and Federal Group for damages or interference with
Equal Employment Opportunity laws and subterranean structures or utilities,which
regulations. results from inaccuracies or omissions from
plans or directions furnished to The LA
15. Notices Group by anyone.
All notices called for by this agreement shall 19. Hazardous Materials
be in writing and shall be deemed to have
been sufficiently given or served when In the event that unanticipated,potentially
presented personally or when deposited in hazardous materials(i.e.asbestos,gasoline,
the mail,postage prepaid,certified and fuel,oil,etc.)are encountered during the
return receipt requested. course of The LA Group's work,Client
agrees to be subject to revisions of the scope
16. Publicity of services(including,but not limited to,the
retention of outside hazardous materials
Adequate credit is required whenever the specialists and indemnification of The LA
Client publishes or exhibits the work Group from any claim associated with
product of The LA Group.Specific services related to hazardous materials
authorization is required in writing for all which are excluded from The LA Group's
publicity that uses The LA Group's name in professional liability policy)and adjust the
connection with project promotion.The LA terms and conditions of the agreement.
Group reserves the right to use identified Client fully recognizes and accepts that the
drawings,photographs,and other visual property owner is legally responsible for the
materials related to the project for its own proper handling and disposal of hazardous
promotional efforts. materials.If a mutually satisfactory
agreement cannot be reached between the
Client and The LA Group,the agreement confirmed during the site planning phase of
shall be terminated,and Client agrees to pay a project).In addition to planning for and
The LA Group for all services rendered up implementing erosion and sediment control
to the date of termination,including any measures and post-construction stormwater
costs associated with the termination. management(when required),site
inspections are required throughout the
20. Construction Review Services duration of a project,according to the above
referenced regulations,specifically Parts
Client recognizes that construction review is IV.C.1,IV.C.2,and IV.C.3.Site inspections
a vital element of the total professional shall be conducted by a qualified
service provided to minimize problems professional at least once every seven(7)
during construction by permitting detection calendar days and,when authorized by
of and or rapid response to unanticipated or NYSDEC to disturb greater than five(5)
changed conditions,or errors or omissions acres at any one time,inspections shall be
committed by design professionals, conducted by a qualified professional at
contractors,material providers,or others. least two(2)times every seven(7)calendar
Client also recognizes that no party is as days.These inspections are mandatory
intimately familiar with The LA Group's according to the above mentioned
intents as The LA Group and those that The regulations.The LA Group,P.C.is not
LA Group prepares for and assigns to required to conduct these inspections for
reviewing tasks.Accordingly,should Client your project,however,if The LA Group is
for any reason not retain The LA Group to hired to do so,inspections will be billed
review construction or should Client unduly hourly. SWPPP inspections,if required and
restrict The LA Group's assignment of requested,will be detailed as per the scope.
personnel to review construction,or should The LA Group cannot assume liability for
The LA Group at the direction of Client for SWPPP inspection work performed by
any reason not perform construction review Client or outside contractors.
during the full period of construction,The
LA Group shall not have the ability to 22. Other Agencies
perform a complete service.In such a case,
Client waives any claim against The LA It is understood by both parties that
Group and agrees to indemnify,defend and acceptance of this agreement in no way
hold The LA Group harmless from any constitutes any guarantee of quantitative
claim or liability for injury or loss arising performance as it pertains to the
from problems during construction that procurement of approvals or permits
allegedly result from findings,conclusions, required from any governing agency in the
recommendations,plans or specifications course of execution of this agreement.
developed by The LA Group.Client also Furthermore,although the timely execution
agrees to compensate The LA Group for any of work is the responsibility of The LA
time spent and expenses it has incurred in Group,this agreement in no way guarantees
defense of any such claim,with such the timeliness of any action required from a
compensation to be based upon The LA reviewing or permitting agency.
Group's prevailing fee schedule and
reimbursement policy. 23. Assignment
21. SWPPP Inspections This agreement may not be assigned by
either party without the express,written
This section pertains to those projects that permission of the other party.
require a Stormwater Pollution Prevention
Plan in accordance with New York State
Department of Environmental Conservation
SPDES General Permit for Stormwater
Discharges from Construction Activity
(Permit No.GP 0-10-001).Generally,this
includes construction projects which disturb
one(1)acre or more(which will be
24. Acceptance of Term and Conditions of
Agreement
Client must sign,execute,and return this
agreement within 30 days of the date of the
agreement(located in the first paragraph of
the first page).Failure to return a signed and
executed agreement within the above
timeframe shall render the offer for services
(including,but not limited to,the cost of
services,time estimates,and base rate)null
and void at the discretion of The LA Group.
Furthermore,no services will be performed
by The LA Group as they relate to this
agreement until a signed and executed copy
of the same is returned to The LA Group.
ATTACHMENT A
General Services to be Provided and
Hourly Rate Schedule
General Services that May be Provided
The following services have been identified by the Town of Queensbury as potential projects:
• Assist with the development of a Town recreation trail in the area of Halfway Brook.
Services may include schematic and preliminary design of the trail alignment, designs
for trail development including drainage, grading,trail surfacing, landscaping, and
construction level drawings if so directed by the Town.Additional services may
include attendance at meetings with Town officials, field visits and assistance with
obtaining the proper permits and approvals from other involved governmental
agencies.
• Development of a "preservation district"for inclusion in the Town zoning code.
Depending upon the specific purpose and intent of the local regulations the district
could take on the format of a standalone district or operate as an"overlay district"to
achieve the desired outcome as specified by the Town Board.
• Develop and administer training sessions for the members of the Town's Planning
Board and Zoning Board of Appeals. The intent is to provide training sessions—
potentially as part of regular meetings of the respective boards—that provide
instruction as to proper site plan and subdivision review, criteria for variance review,
and proper application of SEQR. The general goal would be to expand the knowledge
base of board members in regards to the proper and lawful role the boards play in the
regulatory procedures of the Town.
• Assist the Town in the development of revised storm water management regulations.
The current regulations of the Town may not be completely consistent with the latest
state laws and guidance and an update would be timely.
• Assist with collaborative efforts with other municipalities of the Lake George basin.
The LA Group has a proven track record of working in the communities on and
around Lake George and professional guidance on matters relating to water quality,
aquatic invasive species, storm water management, land use, land use regulation
could prove to be useful.
• Other services as may be requested by the Town Board.
THE LA GROUP,P.C.
BILLING RATES
AS OF: JANUARY 1,2016
STANDARD
TITLE RATE/HOUR
PRINCIPAL $ 195.00
SR. PROJECT ENGINEER 120.00
CIVIL ENGINEER 100.00
INTERN ENGINEER 85.00
ASSOCIATE ENVIRONMENTAL SCIENTIST 110.00
SR. PROJECT ENVIRONMENTAL SCIENTIST 90.00
PROJECT ENVIRONMENTAL SCIENTIST 80.00
ECONOMIC DEVELOPMENT SPECIALIST 110.00
SENIOR PLANNER 85.00
PLANNER 65.00
ASSOC. PRINC. LANDSCAPE ARCHITECT 130.00
SR. LANDSCAPE ARCHITECT 125.00
ASSOCIATE LANDSCAPE ARCHITECT 100.00
PROJECT COORDINATOR/LA 95.00
LANDSCAPE ARCHITECT 85.00
SR. LANDSCAPE DESIGNER 80.00
JUNIOR LANDSCAPE DESIGNER 70.00
SENIOR CADD TECHNICIAN 70.00
GIS TECHNICIAN 75.00
PROJECT COORDINATOR 90.00
GOVERNMENT PROJECTS COORDINATOR 150.00
TECHNICAL TYPIST 45.00
ATTACHMENT B
Reimbursable Expense Schedule
THE LA GROUP,P.C.
REIMBURSABLE EXPENSE SCHEDULE
AS OF JANUARY 1,2016
PLEASE NOTE: Unless otherwise noted,Reimbursable fees are
in addition to the professional fees quoted in proposals or contracts.
BASIS
TYPE OF REIMBURSABLE FOR BILLING
Travel and Living Expenses:
Mileage $ .54 per mile
Airfare, Trainfare, other Public Transportation Cost
Necessary and Reasonable meals and living expenses Cost
Reproduction Expenses:
Out-sourced Copies Cost
In-house Copies:
8.5x11 $ 0.10 per page
8.5x14 $ 0.12 per page
11x17 $ 0.15 per page
Oversize sq. ft. Prints/Copies $ 0.40 per sq. ft.
Mylar Prints $ 1.75 per sq.ft.
Scanning Fee $ 0.35 per sq.ft.
In-house Colored Copies:
8.5x11 $ 1.50 per page
11x17 $ 2.00 per page
Oversize Color Plots $ 9.00 per sq.ft.
Coil Bindings $ 1.00 per binding
Photograph Developing charges Cost
Other Expenses
Postage, Shipping, Overnight and Priority Mail Cost
Courier Service Cost
Facsimile Charges $ 0.50 per page
Foam Core $ 0.75 per sq.ft.
Long Distance Telephone Charges Cost
Computer CDs $ 6.00
Computer DVDs $ 8.00
3 Ring Binders Cost
Permits and Fees Cost
GPS Unit Usage $125.00 per day plus tax
GPS Unit Expenses Cost
Balloons for Visual Studies $ 20.00 per balloon
Digital SLR Camera $ 25.00 per day
Premiums for insurance required by owner in excess of Cost
normal coverages or limits
ATTACHMENT C
Addenda and Change Order