4.15 4.15
SERVICES\Chazen—Sewer Force Main Emergency—Meadowbrook Road—5%Contingency-3-9-2020
RESOLUTION AUTHORIZING ENGAGEMENT OF THE CHAZEN
COMPANIES FOR ENGINEERING SERVICES RELATED TO
EMERGENCY REPAIR OF SANITARY SEWER FORCE MAIN IN
VICINITY OF 313 QUAKER ROAD, QUEENSBURY
RESOLUTION NO.: 92020
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, as a result of a break that occurred on the Town's sewer force main located
near 313 Quaker Road in the Town of Queensbury on or about February 41h, 2020, the Town
Wastewater Director arranged for immediate repairs on an emergency basis for public health and
safety reasons as time would not allow for the receipt of bids, and
WHEREAS, it is now necessary for the Town to replace the Sewer Force Main on such
emergency basis for public health and safety reasons, and
WHEREAS, the Town Board wishes to engage the technical, professional services of The
Chazen Companies (Chazen) related to the design and construction administration of such Sewer
Force Main replacement including the development of specifications for a sum not to exceed
$65,075 in accordance with Chazen's March 6, 2020 Proposal Project No. 92000.10 presented at
this meeting, and
WHEREAS, in Chapter 3(C)(2) of the Town Purchasing Procedures, upon the Town Board
considering the reasonableness of the fee, it may engage a particular professional which has
professional familiarity with the project, work or Town records, the Town's experience and
working relationship with the professional and/or the Town and professional's personal trust and
S.
confidence, and
WHEREAS, the Town Board wishes to waive the Town Purchasing Policy's two (2)
quotes, self-imposed bidding/purchasing requirement in this instance, and
WHEREAS, the Town will adhere to all New York State Law bidding requirements, and
WHEREAS, the Wastewater Director has advised the Town Board that there are times
when Change Orders may become necessary for such services and has requested that the Town
Board also authorize him to approve and sign certain Change Orders up to a 5% contingency for
Change Orders that he deems necessary or appropriate, and
WHEREAS, the Queensbury Consolidated Sanitary Sewer District will therefore incur costs
greater than originally budgeted for, and
WHEREAS, the Queensbury Consolidated Sanitary Sewer District has sufficient surplus
fund balances and has met New York State Comptroller's requirements for the appropriation of
fund balance during the fiscal year, and
WHEREAS, the Town Board wishes to therefore increase appropriations and appropriated
fund balance in the Queensbury Consolidated Sanitary Sewer District Funds,
NOW, THEREFORE, BE IT
RESOLVED, that for the reasons outlined above, in these circumstances the Queensbury
Town Board hereby waives its requirement under the Town of Queensbury's Purchasing Policy for
two (2)written quotes, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby determines that the repair of the sewer force
main located near 313 Quaker Road in the Town of Queensbury (Sewer Force Main) should be
made on an emergency basis for public health and safety reasons as soon as possible, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby approves and authorizes the engagement of the
technical, professional services of The Chazen Companies (Chazen) related to the design and
construction administration of such Sewer Force Main replacement including the development of
specifications for a sum not to exceed $65,075 in accordance with Chazen's March 6, 2020
Proposal Project No. 92000.10 substantially in the form presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes the Town Wastewater Director to
approve and sign Change Orders pertaining to the services up to a 5% contingency or in the total
amount not exceeding $3,254 that he deems necessary or appropriate, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to
amend the Town Budget by increasing appropriations and appropriated fund balance as necessary
and transfer:
• $24,598 from Fund Balance Account No.: 036-0000-0909 to Consulting Account
No.: 036-8110-4720;
• $43,731 from Fund Balance Account No.: 032-0000-0909 to Consulting Account
No.: 032-8110-4720;
and take all necessary actions to effectuate payment to Chazen,and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute any needed Agreement with Chazen relating to Chazen's March 6, 2020 Proposal Project
No. 92000.10 as well as any other needed documentation, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Wastewater Director, Town Counsel and/or Town Budget Officer to take any other actions
necessary to effectuate the terms of this Resolution.
Duly adopted this 91" day of March, 2020,by the following vote:
AYES
NOES
ABSENT:
THE NORTH COUNTRY OFFICE
Chazen Civil Engineers 375 Bay Road
Land Surveyors Planners Queensbury, NY 12804
-
C OM PA N I E S Environmental&Safety Professionals P:518.812.0513 or 888.539.9073
Landscape Architects www.chazencompanies.com
Proud to be Employee owned Transportation Planners&Engineers
March 6, 2020
Christopher Harrington, PE
Town of Queensbury Water Department
823 Corinth Road
Queensbury, New York 12804
Re: Proposal for Professional Services
Meadowbrook Road Force Main Replacement Project
Town of Queensbury, Warren County, New York
Project No. 92000.10
Dear Mr. Harrington:
The Chazen Companies (Chazen) are pleased to provide this technical services proposal associated with the
replacement of the force main extending from Meadowbrook Road to Quaker Road. Please find our current
project understanding,scope of services and associated fee schedule below.
This proposal is outlined to provide professional services outlined hereon to the Town of Queensbury
(hereinafter referred to as the Town).
Proiect Understanding
Chazen has the following project understanding:
• The 12-inch ductile iron force main extending between Meadowbrook Road and Quaker Road recently
failed, leading to a surface discharge of untreated wastewater. The NYSDEC issued the Town a Notice
of Violation, prompting an expeditious replacement of a portion of the force main.
• The total force main replacement length is approximately 1,400-feet. The eastern terminus of the
replacement will be approximately 300-feet west of Meadowbrook Road. The southern terminus will
be at a currently inactive 12-inch HDPE main north of the Quaker Road right-of-way. No work within
NYSDOT is planned.
• The Town intends to solicit three quotes for the work and therefore, abbreviated and simplified
construction documents will be developed. Our drawings will include contract drawings only with
material, installation and testing requirements identified on the drawings.A Project Manual will not be
prepared.Since the Town is not following a typical public bidding process,complete bid phase services
are not included in this proposal. If the Town elects to follow a traditional public bidding process, we
will provide a modification for additional 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)
Christopher Harrington,PE
March 6,2020
Page 2 of 10
• In the past, the Town has applied for funding for the replacement of the Meadowbook force main
through the Water Infrastructure Improvement Act Program. Based upon recent discussions with the
NYSEFC, the previously prepared Engineer's Report will need to be updated to identify the phases of
the project and updated cost information.
• If the project is ultimately financed by the NYSEFC, professional services requested for reimbursement
need to comply with certain minority and women owned business(M/WBE) participation goals. Based
on discussions with the Town, professional services included in this proposal will not be requested for
reimbursement and therefore, M/WBE or other NYSEFC requirements for professional services are not
included.
Proiect Approach
Chazen will first conduct a physical land survey of the project site to create a basemap for engineering design
drawings. Concurrently, we will advance a subsurface investigation to determine soil conditions in the general
project area,specifically,the presence and depth to bedrock and groundwater conditions.Chazen will advance
the design to the 60%level, and then meet with the Town to review the planned design and estimated cost of
construction. After acceptance by the Town, 95% design will be completed, shared with the Town for
review/acceptance, and subsequently finalized and submitted to regulatory authorities for wetland permitting
and plan approval. After the Town selects a contractor, Chazen will perform construction administration and
observation services. Considering the approach outlined above,Chazen offers the following scope of services:
Scope of Services
Task 001—Wetland Permitting
We understand the following with respect to impacts to wetlands associated with this project:
• The route of the forcemain potentially passes through parts of wetland GF-19,a Class 2 wetland
mapped and regulated by the NYSDEC.
• The wetland in question is also likely to be under the jurisdiction of the U.S.Army Corps of Engineers.
• The force main would be installed by directional drilling.
• Replacement of the force main may require authorization under the Nationwide Permits enforced by
the Corps of Engineers if there is the discharge of dredged or fill materials into waters of the United
States. If all bore pits are outside of the wetland,then it is possible no permits from the Corps would
be required.
• The project may be exempt from NYSDEC permit requirements if the project can be shown to be
undertaken in compliance with orders or regulations of the New York State Department of Health.
Alternatively,the project will need a permit from the NYSDEC for activities in the 100 foot adjacent
area (bore pits)and/or boring under the NYSDEC wetland,which is a regulated activity.
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Christopher Harrington,PE
March 6,2020
Page 3 of 10
Task 001A—Aquatic Resource Delineation and Report Preparation
Field Delineation
Chazen will flag aquatic resources along the length of the force main section to be replaced.The location of
the wetland/upland boundary will be identified according to the 1987 Corps Wetland Delineation Manual and
the Northcentral/Northeast Regional Wetland Delineation Supplement,which documents accepted
delineation methods,and/or Army Corps of Engineers Regulatory Guidance Letter 2005-05,which provides
guidance for the identification of the Ordinary High Water mark for streams and water bodies. Points along
the wetland boundaries will be marked with pieces of flagging tape tied to trees and shrubs or with flags on
plastic stakes. Locations of those flagged points will be recorded using a Trimble®GeoXT GPS unit.The
resulting GPS data file will be post-processed by a Chazen licensed land surveyor, and a GIS shapefile of the
wetland boundaries will be created.That shapefile will be used to create a map of the wetlands within the
project area.
Report(PJD)
Chazen will prepare a wetland delineation report and a Preliminary Jurisdictional Determination (PJD)package
for submission to the U.S.Army Corps of Engineers and to the NYSDEC.The Corps has two types of approvals
available;a PJD or an Approved Jurisdictional Determination (ADJ).A PJD can be used for permitting,and is
quicker to obtain, but it does not provide a formal delineation by the Corps and cannot be used if there are
any isolated wetlands.An AJD can also be used for permitting, is a formal, legally binding delineation, is used
to document isolated wetlands, but is more difficult to obtain.At this time,we do not believe that isolated
wetlands will be identified, and therefore recommend the use of a PJD.The delineation report will follow the
Corps NY District Jurisdictional Determination Checklist.
The delineation report(which includes the PJD materials),will be provided to the Town for review and
comment.The fee for this task assumes one round of comments on the PJD. Once the report is finalized,one
paper copy and one digital copy of the report will be provided to the Town.
Limitations: This task does not include review of any isolated wetlands,or preparation of an AJD.
Task 001E—Joint Permit Application
Chazen will prepare a joint wetland permit application (JPA)for aquatic resource impacts associated with
replacement of the forcemain.The joint permit application may be for the following wetland permits:
• Corps Nationwide Permit 12 (NWP 12), which covers installation, repair, and removal of utility lines in
wetlands,
• NYSDEC Section 401 Water Quality Certification under the federal Clean Water Act,
• NYSDEC Freshwater wetlands permit for direct impacts and adjacent area disturbances.
The permit application will discuss background information, existing site conditions,the proposed project,and
compliance with federal and state wetland permitting standards. It is presumed that the Town would exempt
itself from any local wetland permitting requirements.Chazen will research applicable regulations to
determine whether the project requires a NYSDEC permit under Article 24 regulations(see 6 NYCRR
663.2(z)(3)).Alternatively,Chazen will determine whether the project is eligible for permitting under NYSDEC
General Permit GP-5-12-001,which pertains to activities of municipal governments.The permit application
will contain an alternatives analysis demonstrating that the project has avoided, minimized and mitigated
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Christopher Harrington,PE
March 6,2020
Page 4 of 10
wetlands to the maximum extent practicable. It will provide information on compliance with other associated
federal laws(cultural resources, endangered species,etc.).The permit will discuss the nature of activities in
and around the wetlands,and how they are regulated and permitted(and consistent with permit
requirements)for federal and state wetland regulations.
Deliverables—The draft application will be provided to the Town for review and comment.The fee for this
task assumes one round of comments on the JPA.Once the report is finalized,one paper copy and one digital
copy of the report will be provided to the Town.
Task 001C—Submittal to Regulatory Agencies, Response Comments,and Negotiations
Chazen will submit the JPA to the pertinent agencies and will respond to regulatory agency comments on the
permit application.Chazen will coordinate, prepare for,attend, participate,and represent the Town as
necessary for required agency negotiations concerning the project. For the purpose of this proposal,a budget
of 12 staff-hours has been allocated for response and negotiations.
Task 002—Topographic Survey
Scope — Chazen will complete a topographic survey within
the area outlined (Extend from Meadowbrook Road
intersection with existing force main, proceeding westerly
and southerly to Quaker Road—50-foot wide corridor). The
Horizontal datum will be based on New York State Plane
Coordinates(NAD83)and the vertical datum will be based on o
NAVD 88 as observed from GPS observations.A minimum of
2 permanent site bench marks will be established.
Topographic survey will include structures visible at ground
surface, edge of woods lines, roads, drives, and visible
utilities.
Underground utilities will be shown to the extent possible based on surface evidence and maps of record.
Chazen will attempt to contact public utility owners and obtain existing underground utility locations within the
public right of way. This coordination will be facilitated through the appropriate "One Call" center requesting
"design mark out". However,we are increasingly finding that some utility companies will not perform mark out
for design surveys.
Invert elevations will be determined based on measurements taken from the surface without entering the
structure. Utilities will be shown in accordance with Cl/ASCE 38-02, "Standard Guidelines for the collection and
depiction of existing subsurface utility data", Quality Levels"C'and "D".
Property lines and easements within the project area will be shown approximately based on the best available
record mapping and tax maps, positioned in conjunction with found property line evidence. The easement
information will be shown on the"Existing Conditions"base survey.
Deliverables-Chazen will prepare an existing conditions base survey demonstrating the topography and utilities
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 a PDF copy of signed and sealed map and an AutoCAD Civil 3D file.
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Christopher Harrington,PE
March 5,2020
Page 5 of 10
Client Responsibilities/Limitations—
• 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.
• The Town shall identify existing utilities and supply record plans.
• Boundary survey is not included.
• Temporary construction easement mapping or descriptions is not included.
Task 003—Subsurface Investigations
Scope—Chazen will schedule and coordinate with a drilling subcontractor to perform as many probes along the
planned sewer line alignment that can be advanced in 1-day.A track mounted geoprobe will be utilized to access
all locations and field work will be completed over the course of one 8-hour field day. Each probe will be
advanced to a depth of 10-feet or bedrock refusal if encountered at a shallower depth. No clearing will be
performed to access planned locations.
Chazen will provided limited on-sight supervision, limited to meeting the subcontractor on site to establish the
work program for the day.At the completion of the subsurface program, logs will be prepared by the
subcontractor identifying the subsurface soils,depth to bedrock and groundwater.
Deliverables-All exploration logs will be included in the contract documents for bidding purposes.
Task 004—Engineering Design Phase Services
SEQR Support
We assume that the action will be considered a Type II action under SEQR and we will provide a memo justifying
the recommendation.Considering the Type II action,we will not consult with NYSOPRHP, NYSDEC or any other
environmental review agencies(other than as required to secure permits).
Contract Drawings
Chazen will prepare Contract drawings for the sanitary sewer force main replacement at a scale of 1"=20'
horizontal and 1"=5'vertical along with all required detail sheets.The design will include approximately 1,400-
LF of new sanitary sewer force mains.
The force main piping will be designed in accordance with 10 States Standards,Town of Queensbury Design and
Construction Standards,and will satisfy the requirements outlined by the NYSDEC.We assume that the 12-inch
ductile iron pipe will be replaced in-kind with a 14-inch HDPE force main. System hydraulic calculations are not
included in this proposal.
The force main alignments will be designed within the existing easement boundaries provided by the Town.The
Town's legal counsel will need to confirm that all easements are in place and that the Town's contractor has the
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Christopher Harrington,PE
March 6,2010
Page 6 of 10
right to access the lands effected by the work.Boundary surveys,legal descriptions,or mapping for the revisions
to the easements can be advanced as an additional service.
The following drawings are anticipated for the contract drawing set:
• Title Sheet
• Notes and Legends
• Forcemain Plans and Profiles
• Erosion and Sediment Control Details
• Sanitary Sewer System Details
• Site and Restoration Details
Short form specifications will be provided on the drawings describing material, installation and testing
requirements.
Chazen will work with the Town through design starting with the initial layout and will provide copies of the
Contract Drawings to the Town of Queensbury at 60%and 95%completion milestones for review and comment.
Digital copies of the same will be furnished upon request.
We have included one design review meeting in this task at the 60%milestone.
Regulatory Agency Submission and Coordination
Upon acceptance by the Town of Queensbury, Chazen will submit the 95% Contract Drawings to the NYSDEC
for review and approval:
Chazen will revise the Contract Drawings based upon comments received from the Town of Queensbury and
Plan Review Agencies' review of the 95% submission. Upon completion of this task, the Final Contract
Documents will be considered complete and suitable for bidding.
Task 005—Bidding Phase Services
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.Agreements and purchase orders to the Town selected
contractor will be prepared by others.
Task 006—Construction Administration Services
Chazen will provide the following construction administration services:
• Conduct a preconstruction meeting with the Town and contractor.
• Review contractor's shop drawings and submittals for the material and equipment to be incorporated
into the project for conformance with contract documents;
• Review and contractor's monthly and final payment applications and submit to the Town of Queensbury
for processing;
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Christopher Harrington,PE
March 6,2020
Page 7 of 10
• Review and process change orders and provide the Town of Queensbury with recommendations on the
validity of the change orders;
• Issue the substantial completion certificate, provide construction certification for work completed to
the NYSDEC and provide a final document package including reports and other pertinent information;
and;
• Issue a set of final record drawings based on contractor provided As-Builts, which reflect any
construction phase modifications to the Contract Drawings in an electronic format agreeable to the
Town.We assume that the Town will GPS final structure locations for addition to the record drawings.
For this task, Chazen assumes that construction will be completed within five (5) weeks of the contractor's on
site work commencement. If construction continues beyond this period,Chazen may need to provide the Town
with a revised scope and fee for the additional Contract Administration services.
Task 007—Construction Observation Services
Chazen will provide construction observation services to observe the quality of work and verify general
conformance with the Contract Documents. Reports will be prepared for each site visit and the Town of
Queensbury and the contractor will be notified of any noted deficiencies. Chazen does not monitor the
construction site for overall safety and Chazen's presence on the site does not alter the contractor's obligation
of being solely responsible for construction site safety.
Based on previous discussions, we understand that a contractor has reviewed the project and estimated a 4-
week construction duration.We have included 225 hours for construction observation services(4 weeks at 45-
hours per week plus an additional 45 hours for punch list monitoring and schedule delays)at an average rate of
$85/hour. Please note that the actual rates billed will be dependent upon the construction observation staff
selection and availability.
Task 008—2020 Water Infrastructure Improvement Act Funding Application
Chazen will assist the Town with the application for funding for the 2020 Water Infrastructure Improvement Act
administered by the NYSEFC. The Town has previously submitted applications for funding under this program
for the replacement of the force main from the Meadowbrook Pump Station to Bay Road. The forcemain
replacement will now be advanced in two phases (Phase 1- 1,400 segment from just west of Meadowbrook
Road to Quaker Road and subject of this design proposal, Phase 2—remainder of the force main).The NYSEFC
has indicated that the 2 phased approach is funding eligible.
Chazen will update the previously prepared Engineer's Report to include the following:
• Documented costs associated with the emergency repairs and correspondence from the NYSDEC.
• Updates to the report text and conceptual design drawing describing the phases of work.
• Updates to the report text and conceptual design for additional work contemplated by the Town.
• Updates to cost estimates.
Chazen will also prepare the application material forms(Smart Growth Assessment, Financing Application)
and submit on behalf of the Town. Please note that the Bond Resolution may need to be updated based on
the updated cost estimates.The Bond Resolution will be supplied by the Town's legal counsel.
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Christopher Harrington,PE
March 6,2020
Page 8 of 10
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.
Reimbursable expenses which include our direct expenses, such as mileage, overnight mailings, extensive
photocopying and map reproductions will be tracked under a separate task, Task RE00 and will be billed for
direct cost of the work to the Client.
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Christopher Harrington,PE
March 6,2020
Page 9 of 10
Fee and Time Schedule Summary
Tasks Fee Estimates Proposed Schedule
Task Task Lump Sum Fee Time and Projected
No. Description Bill Materials Start/End Dates(2)
EstimateM
001 Wetland Permitting -- $7,900 Start: March 2020
End: March 2020
002 Topographic Survey $7,800 -- Start: March 2020
End: March 2020
003 Subsurface Investigations $3,800 -- Start: March 2020
End: March 2020
004 Engineering Design Phase Services $15,800 -- Start: March 2020
End: March 2020
005 Bidding Phase Services $1,000 -- Start:As directed by
the Town
006 Construction Administration $5,500 -- Start:As directed by
Services the Town
007 Construction Observation Services -- $19,125 Start:As directed by
the Town
008 2020 Water Infrastructure $3,400 -- Start: Based on
Improvement Act Funding Funding Program
Application Schedule
RE00 Reimbursable Expenses -- $750
Professional Fee Subtotal: $37,300 $27,775
Professional Fee Total: $65,075
1 Fees listed for Time and Materials tasks,Sub-Consultants,and Reimbursable Expenses are estimates only. 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.
2 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.
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Christopher Harrington,PE
Morch 6,2020
Page 10 of 10
Agreement
As formal direction to proceed, please provide authorization in accordance with the Town's procedures. If you
have any questions or require additional information, please do not hesitate to contact this office at 266-7347.
Sincerely,
L- ?_ _4_�
Eric P.Johnson E
Principal
Director, Municipal Engineering
cc: File
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