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4.23 4.23 2021 ORGANIZATIONAL\\Chazen Engineering – Engineering Services RESOLUTION AUTHORIZING ENGAGEMENT OF THE CHAZEN COMPANIES FOR PROVISION OF 2021 ENGINEERING TECHNICAL SERVICES TO TOWN OF QUEENSBURY RESOLUTION NO.: ______________________________________________________, 2021 INTRODUCED BY: ______________________________________________________ WHO MOVED ITS ADOPTION SECONDED BY: _______________________________________________________ WHEREAS, by Resolution No.: 29,2020, the Queensbury Town Board authorized an Agreement with The Chazen Companies (Chazen) for provision of engineering technical services to the Queensbury Town Board, Queensbury Planning Board, Queensbury Zoning Board of Appeals st and Community Development Department through December 31, 2020, and WHEREAS, the Town Board wishes to authorize the continuation of Chazen’s services for the year 2021, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes engagement of The Chazen Companies for provision of engineering technical services to the Queensbury Town Board, Queensbury Planning Board, Queensbury Zoning Board of Appeals and Community Development st Department through December 31, 2021, as set forth in Chazen’s November 23, 2020 Revised December 9, 2020 Proposal No. PM202.39 presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute Proposal No. PM202.39 substantially in the form presented at this meeting and 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. st Duly adopted this 1 day of January, 2021, by the following vote: AYES : NOES : ABSENT: THE NORTH COUNTRY OFFICE Ghazn Engineers Land Surveyors 20 Elm Street,Suite 110 Planners Glens Falls, NY 12801 COMPAN 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 November 23, 2020 Revised December 9,2020 Supervisor John Strough Members of the Town Board Queensbury Town Hall 742 Bay Road Queensbury, New York 12804 Re: Letter of Intent Continuation of Town Engineering Services-2021 Chazen Proposal No. PM202.39 Dear Supervisor Strough/Members of the Town Board: The Chazen Companies (Chazen) is pleased to offer this letter of intent outlining our desire to continue to provide professional engineering services to the Town of Queensbury as the Town Designated Engineer. We have enjoyed working in this capacity for the Town over the last ten years and wish to continue our partnership with the Town. We hope to help the Town reach their goals in 2021. For the 2021 calendar year,we propose to provide all services to the Town(Town Board Assignments, Planning Board Assignments,Zoning Board Assignments and work for all other Departments)at our discounted Municipal Rates.These rates represent a 10%discount from our standard rates.Our 2021 Municipal Rate sheet is attached to this letter. Our 2021 discounted rates reflect an average increase of slightly less than 3% compared to our 2020 discounted rates. It is important to note that it is Chazen's policy to assign projects to qualified staff at the lowest hourly rates. We have done this during our entire relationship with the Town and will continue to do so, unless the Town requests certain staff for particular assignments. We note that as part of our service,Chazen is to provide the Town Board with a monthly summary(due the first week of the following month) of ongoing and new projects, activities or services; this summary will include descriptions, progress and timetables for each project/activity/service. We hope that you find this letter satisfactory as we look forward to continuing our relationship with the Town. If, in fact, the Town does find this letter of intent acceptable and as formal authorization for our office to proceed, please sign and date the attached agreement. l E_ DSj I ALL_( DISTRICT ..,,-1 COUNTRY bir.,;7,H_3 TER E NNESSEE Chazen Engineering,Land Surveying&Landscape Architecture Co.,D.P.C.(New York) Chazen Engineering Consultants, LLC(Tennessee) Supervisor Strough and Members of the Town Board November 23,2020 Revised December 9,2020 Page 2 of 2 If you have any questions or require additional information, please do not hesitate to call our office at 518-812- 0513.Thank you! Sincerely, Sean M. Doty, P.E., LEED AP,CPMSM Principal Director, Municipal Engineering Services Authorization to Proceed: Supervisor John Strough Date Town of Queensbury Encl: 2021 Billing Rate Schedule Professional Services Agreement cc: Craig Brown,Zoning Administrator,Town of Queensbury(via email only) Pamela Hunsinger, Legal Assistant,Town of Queensbury(via email only) Christopher Round,AICP, Principal,VP of Planning Services,Chazen(via email only) Joseph Lanaro, P.E., Principal,VP Engineering Services,Chazen (via email only) Z:\Proposals\PN20\Municipal\PM202.39-Queensbury SOQ\PM202.39-Town of Queensbury-Continued Professional Services-Letter of Intent 2021-Revised 12.9.20.docn THE Chap BILLING RATE SCHEDULE EFFECTIVE JANUARY 2021 COMPAN ES BILLING TITLE HOURLY RATE Senior Principal $211 Senior Professionals Senior Professional V $197 Senior Professional IV $182 Senior Professional III $170 Senior Professional II $157 Senior Professional I $147 Professionals Professional V $137 Professional IV $127 Professional III $121 Professional II $115 Professional I $109 Technicians Technician VI $103 Technician V $98 Technician IV $91 Technician III $86 Technician II $81 Technician I $72 Project Administrator II $76 Project Administrator I $71 Survey Crew $184 Labor charges include administrative services,telephone,US mail and facsimiles. DIRECT COSTS: Reimbursable expenses are in addition to personnel charges and include expenditures made in the interest of the project for the expenses as listed below: • Reproduction of reports,drawings,photocopies and blueprints • Messenger and express service deliveries • Travel,tolls,and overnight expenses. Auto use will be charged at IRS standard business mileage rate. • Maps,photographs,ordinances,plans and other documents directly related to and necessary to complete contractual obligations. SUBCONTRACTORS: Subcontractors work will be billed at actual cost plus 15%. COURT PROCEEDINGS: All requests for appearance before a Judge or other Officer of the court will be billed on a per diem basis at a rate of$2,664 per day,plus direct expenses. Other litigation support will be billed at a rate of$333 per hour,plus direct expenses. BILLING: Project costs will be billed monthly. Invoices are payable upon receipt. Invoices not paid within 30 days will be assessed a finance charge of 1.5%per month. [Form 2021-A] Professional Services Agreement Proposal Number: PM202.39 Project Name: T. QBY - 2021 TDE Services Project Number: AGREEMENT MADE this day of 2020 by and between Chazen Engineering, Land Surveying, Landscape Architecture & Geology Co., D.P.C., 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 the 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 Dec. 9 ,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. 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-V2 The Chazen Companies Page 1 of 3 Professional Services Agreement Proposal Number: PM202.39 Project Name: T. QBY- 2021 TDE Services 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-V2 The Chazen Companies Page 2 of 3 Professional Services Agreement Proposal Number: PM202.39 Project Name: T. QBY- 2021 TDE Services 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&Geology Co., D.P.C. By: By: Printed Name: Printed Name: Date: Date: NY-2020-V2 The Chazen Companies Page 3 of 3