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SERVICES\Chazen—Garrison Road Storm Sewer—2-10-2020
RESOLUTION AUTHORIZING ENGAGEMENT OF THE CHAZEN
COMPANIES FOR TECHNICAL SERVICES ASSOCIATED WITH
GARRISON ROAD STORM SEWER SLIP-LINING PROJECT
RESOLUTION NO.: ,2020
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, the Queensbury Town Board wishes to engage The Chazen Companies
(Chazen) for technical services associated with the Garrison Road Storm Sewer Slip-Lining Project
for a sum not to exceed $16,700 in accordance with Chazen's January 20, 2020 Proposal
#PM200.10 presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement
of The Chazen Companies for technical services associated with the Garrison Road Storm Sewer
Slip-Lining Project for a sum not to exceed $16,700 in accordance with Chazen's January 20, 2020
Proposal#PM200.10 substantially in the form submitted at this meeting, and
BE IT FURTHER,
RESOLVED, that payment for The Chazen Companies' services shall be paid from
Engineering Account No.: 001-1440-4720, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer
to amend the 2020 Town Budget by transferring $16,700 from Unappropriated, Undesignated Fund
Balance to Engineering Account No.: 001-1440-4720, make any adjustments, budget amendments,
transfers or prepare any documentation necessary to provide for such payment, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute Chazen's January 20, 2020 Proposal #PM200.10 substantially in the form submitted 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,
Highway Superintendent, Town Counsel and/or Town Budget Officer to take any other actions
necessary to effectuate the terms of this Resolution.
Duly adopted this l0th day of February, 2020, by the following vote:
AYES :
NOES :
ABSENT:
THE NORTH COUNTRY OFFICE
haKTCivil Engineers Land Surveyors 20 Elm Street,Suite 110
Planners Glens Falls, NY 12801
APA N I E S EnviLandscaperonmentalArchit&Saectsfety Professionals P:518.812.0513 or 888.539.9073
CO M
Proud to be Employee Owned Transportation Planners&Engineers www.chazencompanies.com
January 20, 2020
Mr.John Strough
Supervisor
Town of Queensbury
745 Bay Road
Queensbury, NY 12804
Re: Proposal for Professional Services—Garrison Road Storm Sewer Slip-Lining
TECHNICAL PROPOSAL
Queensbury, Warren County, New York
Chazen Proposal#PM200.10
Dear Supervisor Strough:
The Chazen Companies (Chazen)are pleased to provide this proposal for technical services associated with the
above referenced project.This proposal is outlined to provide professional services to the Town of Queensbury
(hereinafter referred to as the Town). Please find our current project understanding and scope of services with
associated fee schedule below.
Project Understanding
A section of Garrison Road, from the intersection of Bay Road to North Road has experienced areas of minor
subsidence above a storm sewer that lies underneath the roadway surface. As such the Town retained a
contractor to investigate the approximately 1,500-LF long section of sewer via CCTV inspection; this
investigation indicated that the storm sewer includes separated joints, root intrusions and lateral "break-ins"
all of which appear to have allowed soil to enter the sewer(thus likely leading to the subsidence).As such the
Town would like to rehabilitate the sewer using "cured-in-place liner" (a process also known as slip-lining)to
the extent practical. It is noted that at a few locations where laterals enter the storm sewer,the interface may
need to be replaced conventionally(dig up and install a new wye to connect that lateral at the sewer main).
Considering our current project understanding,Chazen offers the following scope of services:
Scope of Services
Task 01—Contract Documents,Bidding Phase and Contract Award Services
Under this task,Chazen will prepare contract drawings and specifications for the project.The improvements are
expected to include the following:
• Rehabilitation of the subject storm sewer via cured in place lining.
• Potential conventional repair of 2 lateral connections to the sewer main.
• Potential use of"top-hats"or cured-in-place lining at the interface of laterals to the storm sewer.
HUDSON VALLEY•CAPITAL DISTRICT• NORTH COUNTRY•WESTCHESTER•TENNESSEE
Chazen Engineering,Land Surveying&Landscape Architecture Co.,D.P.C.(New York)
Chazen Engineering Consultants,LLC(Tennessee)
Supervisor John Strough
January 20,2020
Page 2 of 4
Upon completion of this task, the contract documents will be considered complete and suitable for bidding.
Contract documents will include 11" x 17" site plans prepared on available orthoimagery, with manhole and
sewer main locations taken from available record mapping and/or as approximated from site visits. Plans will
also include general details for slip lining pipe and details for conventional repair of the lateral connections to
the sewer main.
The contract documents will also include a project manual.This project manual will include both administrative
(front end)documents as well as technical specifications for the work.The front-end documents will include the
proposed construction contract,general conditions,insurance and bonding requirements,etc.We intend to use
standard EJCDC documents for the project, and these would be provided to the Town attorney for input on
insurance/bonding and other Town requirements as well as final review prior to bidding.
It is noted that we assume all work proposed by the Town will be within existing Town ROWs. If the Town
proposes work on property not owned or legally accessible by the Town,we assume the Town will coordinate
gaining legal access for construction purposes. We can assist the Town in these efforts (i.e. provide easement
mapping, etc.),after execution of a technical services change order for this work.
Chazen will provide a bid advertisement for publication by the Town and will coordinate bid document
distribution to the prospective bidders. Chazen will also file the bid documents with the Eastern Contractors
Association plan clearinghouse.Chazen assumes that the Town will coordinate and pay for the cost of the legal
notice in the local newspaper to advertise and place the project out to bid.
During the bid period, Chazen will respond to all queries from prospective bidders and prepare any necessary
addenda to the Contract Documents in a timely manner.
Upon completion of the bid period, Chazen will review,tabulate and evaluate the bids received.The Town will
be informed of any informality in the bids and if the bids are unbalanced or non-responsive.A background check
will be completed by Chazen to verify the qualifications of the apparent low bidder. Chazen will provide the
Town with a written recommendation for the award of the construction contract, along with the basis of this
recommendation.
Upon the Town's selection of the most responsive and responsible bidder for the project, Chazen will prepare
the necessary Agreements, Notice of Award and Notice to Proceed for execution by the Town and the
contractor.Chazen will assist the Town and its attorney in verifying the adequacy of the contractor's submitted
agreements, bonds and insurances. Upon execution, Chazen will provide original copies of the executed
construction contract to the Town and the selected contractor.
Task 02—Construction Administration
Under this task Chazen will provide the following construction administration services:
• Attend and lead a pre-construction meeting.
• Review of contractor's shop drawings and submittals for the material and equipment to be incorporated
into the project for conformance with the contract documents.
• Review and monitor the contractor's construction schedule.
• Attend one(1)construction progress meeting.
• Provide interpretation and clarifications of contract documents.
• Review and certify contractor's payment applications and submit to the Town for processing.
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Supervisor John Strough
January 20,2020
Page 3 of 4
• Review and process change orders and provide the Town with recommendations on the validity of the
change orders.
For this task, Chazen assumes that construction will be completed within 4-weeks from the issuance of the
Notice to Proceed.We will provide all services for this task on a time and materials;hourly rates will be charged
in accordance with our 2020(or later if project occurs in future calendar years) hourly rate schedule.
Task 03—Construction Observation
Chazen will provide part time construction observation services to observe the quality of work,verify general
conformance with the contract documents and assist in the completion of a punch list.Observation reports
will be prepared for each visit.The Town and the contractor will be notified of any deficiencies.
Chazen will perform construction observation "spot checks" (i.e. will not be on site full time). The Town may
wish to place a Town staff member on site when Chazen is not there,to observe the contractor.We assume the
Town will make it a requirement of the construction contract that the Contractor CCTV all slip lined locations
following construction so that the videos can be reviewed to evaluate project compliance. We will review the
post slip-line videos under this task.Also, because conventional repair of two lateral connections with the main
may be required,we will provide full time observation of that work.
For this task, Chazen assumes that construction will be completed within 4-weeks from the issuance of the
Notice to Proceed.We will provide all services for this task on a time and materials;hourly rates will be charged
in accordance with our 2020(or later if project occurs in future calendar years) hourly rate schedule. We have
budgeted a total of 32-hours at an average rate of$100/hour.
Please note that the contractor is solely responsible for site safety and Chazen's presence on site does not alter
the contractor's responsibility for site safety.
Additional Limitations and Information
• The Town should note that some forms of slip lining require hazardous chemicals to be used to cure
the liner. In some instances,these chemicals have been reported as entering individual laterals and/or
basements.The use and control of chemicals required for slip lining are solely the contractor's
responsibility and Chazen is not responsible for any chemical impacts associated with the project.
• This scope does not include any wetland delineation or survey services. Chazen will check on-line
wetland mapping sources for each work area proposed; however, if formal wetland delineation and
permitting is required,these will be provided after execution of a technical services change order.
Professional Services Fee Schedule
Chazen proposes to bill each task as indicated in the following Fee and Time Schedule Summary. Invoices will
be issued monthly for all services performed during that month and are payable upon receipt. Chazen proposes
to complete work for this project on a time and materials basis. Chazen will make its best effort to complete
each of these tasks within the estimated amounts; however, it is possible that it will be necessary to exceed
these amounts in order to complete the scope of services for each task. We will not exceed any estimated fee
amounts without first notifying you.
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Supervisor John Strough
January 20,2020
Page4of4
Reimbursable expenses which include our direct expenses, such as mileage, overnight mailings, photocopying
and map reproductions will be tracked under each respective task and will be billed for direct cost of the work
to the Client.
Fee and Time Schedule Summary
Tasks Fee Estimates Proposed Schedules
Task Task Lump Sum Fee Time and Materials Projected
No. Description Estimate Start/End Dates lit
01 Contract Documents,Bidding $9,500 --- Start: February 2020
Phase and Contract Award Services
End:April 2020
02 Construction Administration $4,000 --- Start:May 2020
End:June 2020
03 Construction Observation $3,200 Start:May 2020
End:June 2020
Subtotal $13,500 $3,200
Total $16,700
1 Projected start and end dates are subject to change and are based on date from authorization to proceed. Because certain
aspects of the project are outside of Chazen's control(e.g.,review agency schedules,actions,and approvals),Chazen cannot guarantee
completion of the project within these proposed schedules.
Closing
Please feel free to contact me at 518-824-1926 if you have any questions or require clarification of the proposed
scope of services offered.We would be glad to meet with you or the Town Board to further discuss our approach
if deemed appropriate. If you find this proposal acceptable,and as our authorization to proceed, please review
and execute the attached agreement. Chazen looks forward to the opportunity of working with the Town on
this project.
Sincerely,
Sean M. Doty, P.E., LEED AP,CPMSM
Principal
Director, Municipal Engineering Services
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Professional Services Agreement Proposal Number: PM200.10
Project Name: T/QBY-Garrison Road Storm Sewer Rehab Project Number:
AGREEMENT MADE this day of 2020 by and between Chazen Engineering,Land Surveying&
Landscape Architecture Co., D.P.C. (CELSLA), a New York design professional corporation with its principal place of
business at 21 Fox Street, Poughkeepsie, New York 12601 (hereafter referred to as "The Chazen Companies" or "Chazen")
and
Town of Queensbury
(hereafter referred to as"Client").
1. PURPOSE: Client hereby retains Chazen to perform the services described in the Proposal For Professional Services
dated January 20 ,2020 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.
Isretainer in the amount of $ 0.00 will be required prior to the initiation of services. This
retainer will be held until the end of the project and applied to Client's final invoice. Any excess
amount will be returned to Client.
Final payment will be due upon delivery of the final work product(e.g.report,survey,etc.).
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.
NY-2020-V1 The Chazen Companies Page 1 of 3
Professional Services Agreement Proposal Number: PM200.10
Project Name: T/QBY-Garrison Road Storm Sewer Rehab Project Number:
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,
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. RISKS, INSURANCE &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 will
be responsible for 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.
NY-2020-V1 The Chazen Companies Page 2 of 3
Professional Services Agreement Proposal Number: PM200.10
Project Name: T/QBY-Garrison Road Storm Sewer Rehab Project Number:
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
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
Chazen Engineering,Land Surveying
&Landscape Architecture Co.,D.P.C.
By: By:
Printed Name: Printed Name:
Date: Date:
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