3.4 3.4
SERVICES\Chazen—Route 9 Drainage Surveying Services—2-24-2020
RESOLUTION AUTHORIZING ENGAGEMENT OF THE CHAZEN
COMPANIES FOR SURVEYING SERVICES ASSOCIATED WITH
ROUTE 9 DRAINAGE IMPROVEMENT 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 surveying services associated with the Route 9 Drainage Improvement Project for a
sum not to exceed $12,000 in accordance with Chazen's February 12, 2020 Proposal #PM19-258
presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement
of The Chazen Companies for surveying services associated with the Route 9 Drainage
Improvement Project for a sum not to exceed $12,000 in accordance with Chazen's February 12,
2020 Proposal#PM19-258 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 $12,000 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 February 12, 2020 Proposal #PM19-258 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,
and/or Town Budget Officer to take any other actions necessary to effectuate the terms of this
Resolution.
Duly adopted this 24th day of February, 2020, by the following vote:
AYES :
NOES :
ABSENT:
THE
NORTH COUNTRY OFFICE
Ghan Civil EngineersLand Surveyors 20 Elm Street,Suite 110
— Planners Glens Falls, NY 12801
COM PAN I ES' Environmental&Safety Professionals P:518.812.0513 or 888.539.9073
Landscape Architects
Proud to be Employee Owned Transportation Planners&Engineers www.chazencompanies.com
February 12, 2020
Supervisor John Strough
Town of Queensbury
742 Bay Road
Queensbury, New York 12804
Delivered Via Email Only:johnsPoueensburv.net
Re: Proposal for Professional Services
Route 9 Drainage Improvement Project—Survey Services
Town of Queensbury, Warren County, New York
Proposal#PM19-258
Dear Supervisor Strough:
The Chazen Companies(Chazen)are pleased to provide this proposal for surveying services associated with the
drainage improvements proposed by NYSDOT on or adjacent to the lands of Queensbury Gardens on Route 9
(Upper Glen Street). Please find our current project understanding, scope of services and associated fee
schedule below.
This proposal is outlined to provide professional services outlined herein to the Town of Queensbury("Town").
Project Understanding and Approach
• As recently discussed with the Town and NYSDOT,the Town wishes to advance topographic and partial
boundary survey services for the above referenced project. After survey is complete, and a better
understanding of where existing drainage infrastructure lies, and where proposed infrastructure may
be sited,the Town,Chazen and NYSDOT will reconvene to discuss the next steps of the project.We will
not advance easement document preparation until the Town confirms that they wish to seek
easements.
Considering the understanding and approach outlined above,Chazen offers the following scope of services:
New York: Hudson Valley • Capital District • North Country • Westchester
Tennessee: Nashville • Chattanooga Oregon: Portland
Chazen Engineering, Land Surveying&Landscape Architecture Co. DPC(NY) • Chazen Engineering
Consultants, LLC(TN/OR)
Supervisor Strough
February 12,2020
Page 2 of 6
Scope of Services
Task 01—Topographic Survey and Utility Survey
01A—Topographic Survey
Scope—Chazen will complete a topographic survey within the area 0 .. M
outlined in red. The Horizontal datum will be based on New York
State Plane Coordinates (NAD83) and the vertical datum will be j{�
based on NAVD 88 as observed from GPS observations. A .
minimum of 2 permanent site bench marks will be established ts, =
Topographic survey will include structures visible at ground ' .
surface, edge of woods lines, roads, drives, and visible utilities. t4
01B-Subsurface Utility Designating and Survey
4IW
Scope - For underground utilities that do not have surface
features, mapping is not available, and the locations of
underground utilities are critical, Chazen will perform ,
electromagnetic utility designation within accessible areas of the
project limits in an attempt to determine the existence and ,mot
approximate position of detectable subsurface utilities. All utility
designation will be in compliance with Quality Level "B" as defined by Cl/ASCE 38-02, Standard Guidelines for
the Collection and Depiction of Existing Subsurface Utility Data. Any utilities not detected by surface geophysical
methods and discovered through record information or where visually aligned with structures, will be defined
as Quality Level "C" and "D".
Standard Procedures—Designating-A Chazen SUE technician(s)will utilize a suite of utility locating instruments
having differing frequencies and power settings to detect and follow locatable utility systems within the project
site. The instruments will have the ability to provide passive signal detection,as well as active signal application
by induction, direct connecting and inductive clamping. The utility designations will be targeted for survey by
painting the approximate centerlines on the ground surfaces at reasonable distances.Flags may also be installed
as needed. Paint and flags will be in accordance with the APWA uniform color code guidelines where allowed.
Limitations- This service will be provided with due diligence and in a manner consistent with standards of the
subsurface utility mapping industry. Every reasonable effort will be made to locate all systems of interest
whether indicated on records available to us or not. However, we do not guarantee that all existing utility
systems can or will be detected. It may not be possible to detect utilities without prior knowledge, such as
systems that are not depicted on records made available to us. Further, this service is not intended to detect
non-utility structures such as, but not limited to:foundations, irrigation systems,septic systems,wells,tunnels,
concrete or metal structures, or the true size and limits of subsurface utility vaults and manholes. Use of this
service does not relieve interested parties from their responsibility to make required notifications prior to
excavation.
Marking services will reflect interpretation of electronic data collaborated with record and visual indications.
Professional judgment will be used to reflect the underground utilities with the intended utmost accuracy
and comprehensiveness. The results may be affected by numerous site conditions, including but not limited
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Supervisor Strough
February 12,2020
Page 3 of 6
to utility materials, joint types, fittings, density of underground utilities, interference with above ground
conductors and soil characteristics. Underground conduits or utilities constructed of non-metallic or non-
electrically conductive materials without a tracer wire may not be detectable by any means short of physically
exposing them. There is no guarantee that all facilities can be found and shown.
The utility designating service as per ASCE 38-02 QL-B is intended to allow for fairly accurate and
comprehensive mapping of underground utilities, active and abandoned, when the utilities can be
electronically detected or known about from record or verbal recollections. The intent of the mark out and
survey is to delineate the centerline of pipes or one single cable. When marking multiple cables or cables
within duct systems, marking may be the result of the location of any cable within the system or an average
electromagnetic field from a group of cables. The service is not intended to provide engineering grade data
about a utility or to provide corridor marking for plant protection of a utility. Additional work would be
needed by Chazen to acquire exact size, location and material of underground utilities,as well as to mark the
actual width of a utility to ascertain clearance during mechanical excavation or for structure design purposes.
Mapping of sanitary and storm sewers is typically performed at quality level(QL)C.When lines can be proven
to be on straight line between manhole and/or other types of gravity structures, the line will be correlated
with record information and shown at QL C.
When needed,a fish tape or traceable duct rodder will be inserted into pipes to detect and follow the piping.
Insertion of the tape/rodder will only be attempted from the ground surface without entering the manhole.
Piping detected in this fashion will be mapped at QL B. Obstructions may limit the distance the fish tape or
rodder can travel; therefore, preventing further mapping of the pipe. The location of the obstruction will
be noted with an EOI (end of information) at that point. Sewer inspection with a camera or excavation may
be needed to further investigate the piping. Sewer camera inspection is excluded from the scope of this
proposal.
There is no intent to perform a full coverage grid sweep of the project with Ground Penetrating Radar(GPR).
GPR will be used in a targeted approach on the project where thought to be beneficial to supplement
electromagnetic utility locating instruments.
It should be noted that the metal-detector cannot be used over reinforced concrete or in the immediate vicinity
(no less than 8-feet) of above ground metallic objects such as chain-link fences and vehicles.
The mark out does not include the provision of any depth information for the utilities. If determined during
design development that depths of utilities are critical,Chazen would recommend the use of air/vacuum test
holes and would provide an additional service proposal for this service.
Task 02—Partial Boundary Survey and Easement Maps/Descriptions
Scope—Chazen will complete a partial boundary survey4,,," - , .`of the subject parcels identified as Section 302.06, Blockj+- - , �. , •. , '
1 and Lots 14 and 15 and Section 302.10, Block 1 and Lot -. :',> #
18 in the Town of Queensbury. The partial boundary i. '�, �
surveys will be utilized to prepare one (1) accessttr, �.. f '
easement and description on lands now or formerly of ;
727 Glen LLC and two (2) access/utility easements and
gam �, ": �. �,
description on lands now or formerly of Queensbury .' - , .'
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Supervisor Strough
February 12,2020
Page 4 of 6
Gardens Inc and Ethol T. Wynn. All surveying will be completed in accordance with the "Code of Practice" as
adopted by the New York State Association of Professional Land Surveyors. The survey will demonstrate the
location and description of the property boundaries, and site improvements. Chazen will complete research
which is normal to the completion of surveys completed under the above referenced code. We do however;
recommend that an abstract of title be completed by a local title company. This will assure that all recorded
easements and rights of way of record are discovered.
Deliverables: Chazen will prepare an existing conditions base survey demonstrating the topography, utilities,
partial boundary lines within the project area. Mapping will be completed in AutoCAD Civil 3D format. The
existing conditions base map will have a Border with Title Block, Name of Surveyor, Map Notes and References,
Legend and Site Location Map. Deliverables will be three(3)signed and sealed prints and a PDF copy of signed
and sealed map. In addition,three(3)separate easement maps and descriptions will be prepared,the easement
maps will not be advanced until the Town confirms that they wish to acquire easements.
Client Responsibilities — Please provide copies of any surveys or record plans. The Town will contact Public
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". 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.
Assumptions and Limitations-Cost itemized herein are for those tasks specifically mentioned and do not include
the following:
• Full Boundary surveys.
• Special Agency easement mapping or descriptions.
• If snow and ice is obscuring the ground surface a note will appear on the maps stating such.
• Rates are based on the current New York State Department of Labor Prevailing Wage Rates and
Supplemental Benefits for survey field staff.
• 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.
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. Lump Sum tasks
will be billed commensurately with the percentage of the task which has been completed. Time and Materials
tasks will be billed based on the actual hours and reimbursable expenses incurred. Fees listed for Time and
Materials tasks are estimates only. 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 Strough
February 12,2020
Page 5 of 6
Reimbursable expenses which include our direct expenses, such as mileage, overnight mailings, extensive
photocopying and map reproductions will be tracked under each task and will be billed for direct cost of the
work to the Client.
Fee and Time Schedule Summary
Tasks Fee Estimates Proposed Schedule
Task Task Lump Sum Time and Materials Projected
No. Description Fee Bill Estimate(1) Start/End Dates
01 Topographic Survey and Utility $5,600 --- Start:2-weeks after
Survey(With Subsurface Utility Authorization
Mark-Out)
End:2-weeks after completion
of Field Work
02 Partial Boundary Survey and $6,400 --- Start:2-weeks after
Easement Maps/Descriptions Authorization
End:2-weeks after completion
of Field Work
Subtotal: $12,000
Total: $12,000
1 Fees listed for Time and Materials tasks, Sub-Consultants, and Reimbursable Expenses are estimates only. Fees for subconsultants
include a 12%markup for Chazen's administrative efforts.Chazen will bill for actual hours and reimbursable expenses incurred,and will
make its best effort to complete each of these tasks within the estimated amounts,although 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
written authorization from you.
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f
Supervisor Strough
February 12,2020
Page 6 of 6
Agreement
As formal direction to proceed, please provide authorization in accordance with the Town's procedures and
kindly execute the attached agreement. If you have any questions or require additional information, please do
not hesitate to contact this office at 518-824-1926.
Sincerely,
rlq
Sean M. Doty, P.E., LEED AP,CPMSM
Principal,
Director Municipal Engineering Services
cc: Bruce Wells, LS, Principal, Director of Surveying,Chazen
Chris Round,AICP,Senior Principal,VP Planning, Chazen
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Professional Services Agreement Proposal Number: PM19-258
Project Name: T/QBY-Route 9 Drainage Project 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 February 12 ,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.
✓A retainer 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.
nFinal 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-VI The Chazen Companies Page 1 of 3
Professional Services Agreement Proposal Number: PM19-258
Project Name: T/QBY- Route 9 Drainage Project 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.
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Professional Services Agreement Proposal Number: PM19-258
Project Name: T/QBY-Route 9 Drainage Project 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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