3.06
3.6
SERVICES\\Chazen – Thunderbird Drive Culvert Replacement & Establish Capital Project 237–From Cap Reserve 66 Drainage– Waive Purchasing Policy-3-8-2021
RESOLUTION AUTHORIZING ENGAGEMENT OF THE CHAZEN
COMPANIES FOR PROFESSIONAL SERVICES ASSOCIATED WITH
THUNDERBIRD DRIVE CULVERT REPLACEMENT PROJECT AND
ESTABLISHING CAPITAL PROJECT NO.: 237
RESOLUTION NO.: _______________________________________________________, 2021
INTRODUCED BY: _______________________________________________________
WHO MOVED ITS ADOPTION
SECONDED BY: _______________________________________________________
WHEREAS, the Queensbury Town Board wishes to engage The Chazen Companies (Chazen)
for professional technical services associated with the Thunderbird Drive culvert replacement project
for a sum not to exceed $37,984 in accordance with Chazen’s February 11, 2021 (Second Revision)
Proposal #PM20-201.60 presented at this meeting, and
WHEREAS, the Town Board also wishes to authorize establishment of Thunderbird Drive
Culvert Replacement Capital Project Fund No.: 237 and establish and fund the Revenue and
Expense Accounts for the Capital Project, 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 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
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 authorizes and directs engagement of The Chazen
Companies for professional technical services associated with the Thunderbird Drive culvert
replacement project for a sum not to exceed $37,984 in accordance with Chazen’s February 11, 2021
(Second Revision) Proposal #PM20-201.60 substantially in the form submitted at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes establishment of Thunderbird Drive
Culvert Replacement Capital Project Fund No.: 237 and authorizes and directs the Town Budget
Officer to transfer $37,984 from Town Wide Drainage Project Capital Reserve Fund No.: 66 to
fund such Capital Project Fund No.: 237 and establish appropriations and estimated revenues as
follows:
237-0000-55031 Interfund Revenues - $37,984
237-8540-2899 Capital Construction - $37,984
001-9950-9030-0066 Transfer to Capital Project - $37,984
and
BE IT FURTHER,
RESOLVED, that payment for The Chazen Companies’ services shall be paid from Capital
Project Fund No.: 237, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute Chazen’s February 11, 2021 (Second Revision) Proposal #PM20-201.60 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, and
BE IT FURTHER,
RESOLVED, that this Resolution is subject to a permissive referendum in accordance with the
provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town Clerk
to publish and post such notices and take such other actions as may be required by law.
th
Duly adopted this 8 day of March, 2021, by the following vote:
AYES :
NOES :
ABSENT:
THE
ChaKen '`ORTH COUNTRY OFr;LE
20 Elm Street
Glens Falls, NY 12801
COM PAN I ES P:518.812.0513 or 888.539.9073
Proud to Be Employee Owned www.chazencompanies.com
Engineers
Land Surveyors
Planners
Environmental&Safety Professionals
Landscape Architects
August 12, 2020
Revised December 17,2020
Second Revision February 11,2021
Mr.John Strough Mr. David Duell
Town Supervisor Town Highway Superintendent
Town of Queensbury Town of Queensbury
742 Bay Road 742 Bay Road
Queensbury, NY 12804 Queensbury, NY 12804
Re: Proposal for Professional Services—Thunderbird Drive Culvert Replacement Project
Queensbury, Warren County, New York
Chazen Proposal#PM20-201.60
Dear Supervisor Strough and Superintendent Duell:
The Chazen Companies (Chazen)are pleased to provide this proposal for technical services associated with the
above referenced project. As you are aware, Chazen along with the Highway Superintendent and Deputy
Highway Superintendent made a site visit to review the existing culvert system at Thunderbird Drive.The culvert
"system" is comprised of three culverts, the largest and main culvert appears to have both a deflection in one
of its joints and further subsidence of the road above the culvert has been observed. It is our opinion that the
culverts should be replaced as soon as practical.As such,and at the request of the Town we have prepared this
proposal to provide the Town with survey, design, permitting and construction phase services to support the
replacement of the culvert system. As previously discussed,this proposal was developed under the assumption
that the Town would engage a contractor that is available to the Town through the County's bid system to
replace the subject culvert. The contractors could complete the work on a time and materials basis in
accordance with the county bid.
With respect to the site, it appears that easements will be needed from the City of Glens Falls and a private
landowner,to allow the Town to replace the culverts and maintain them in the future. There are two streams
mapped in the vicinity of this culvert. The western stream is Halfway Brook, a standard AA(T) stream, and a
stream which flows north to south, located east of Halfway Brook is a standard AA stream. The culvert in
question appears to convey Halfway Brook.In addition,this area is identified as being in the range of the Indiana
bat according to the US Fish and Wildlife Service. Environmental permits will be needed to replace the culverts.
We understand that the WCSWCD will obtain an NYSDEC Article 15 Permit and 401 Water Quality Certificate for
the project on behalf of the Town, but our office will obtain the necessary Corps of Engineers Clean Water Act
authorization and consultation with the USFWS. It is noted that since Halfway Brook is identified as a Trout
stream,there will be timing restrictions on work,with no in-water work allowed from October 1 through April
30. Tree removal, however,will need to occur between November 1 and March 31 to protect Indiana bat.
Based on the project understanding presented above, we understand that the Town wishes to proceed with
survey, design, permitting and construction phase services for the project. As such, this proposal outlines
services we believe are necessary to advance the Town's project objectives. Please find our scope of services
offered below:
HI) )SO;N \/:^. ..E` 1pii % 1=l FHCT ' NOii,I}-H COL.NTRy CENTRAL iNc- ! ORK ,HH E
Chazen Engineering, Land Surveying&Landscape Architecture Co.,D.P.C.(New York)
Chazen Engineering Consultants,LLC(Tennessee)
♦
•
Supervisor Strough&Superintendent Duell
August 12,2020
Revised December 17,2020
Second Revision February 11,2021
Page 2 of 8
Scope of Services
Task 01—Boundary Survey
Scope—Chazen will complete a boundary survey of tax map
parcel 295.13-1-11 (outlined in yellow) in the Town of
Queensbury. All surveying will be completed in accordance
15
with the "Code of Practice" as adopted by the New York
ram- _.
State Association of Professional Land Surveyors.The survey _
will demonstrate the location and description of the •3.06-_ _ -`` 4,,E
property boundaries, and site improvements. � R$
„ !`
Records Research and COVID-19 +-
Chazen will make every effort to complete research which is .v. a,-
normal as specified under the above referenced code. Co
Should necessary records not be available through Warren \\ _1i'\/
County's online records, searching at the County Clerk's " "
Office would be required.The Warren County Clerk's Office
has been restricting access to on-site, non-essential records, which includes research completed by land
surveyors. Additionally, having abstract of title completed by a local title company is highly recommended.This
will help assure that all recorded easements and rights of way of record are discovered.
Task 02—Topographic Survey
Scope — Concurrent with the completion of the $ . -
boundary survey, Chazen will complete a
conventional topographic survey of the culvert .< ;.
located adjacent to parcel 295.13-1-11.
Topography of Thunderbird Road will extend 125 _ 4
feet east and west from the culvert crossing. • , 044
Halfway Brook will be located 100'north and south A2 ,
from the inlet and outlet of the culvert. The e,
Horizontal datum will be based on New York State � �
Plane Coordinates (NAD83) and the vertical datum
will be based on NAVD 88 as observed from GPS t
observations.A minimum of two(2)permanent site 4
benchmarks will be established. Topographic +
survey will include structures visible at ground ,,,,
surface, individual trees and plantings, 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 streets.This coordination will be facilitated through the appropriate"One Call"center requesting"design
mark out". 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."
z:\Proposals\PN20\Municipal\PM201.60-T.QBY Thunderbird Drive Culvert\PM201.60-T.QBY Thunderbird Drive Culvert Proposal-Revised 2.11.21.docx
Supervisor Strough&Superintendent Duell
August 12,2020
Revised December 17,2020
Second Revision February 11,2021
Page 3 of 8
Under this task Chazen will also survey the locations of the wetland flags established by wetland scientists in
the field and locate them on the survey map. It is assumed that there will be no need for any special agency
mapping. Only those flags within the survey limits will be located.
Task 03—Easement Descriptions
Chazen will provide metes-and-bounds descriptions and exhibit maps for required easements. There are
expected to be two(2)easements.
Deliverables:Chazen will prepare an existing conditions map demonstrating the boundary lines and topography
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.
Task 04—Aquatic Resource Delineation and Federal Permitting
Chazen will flag aquatic resources 100-feet upstream and downstream of the Thunderbird culvert. This will be
completed prior to Task 2, and Chazen surveyors will locate flags. The location of any wetland boundaries 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 the location
of the stream will be via the Corps Regulatory Guidance Letter 2005-05, which provides guidance for the
identification of the Ordinary High Water mark for streams and water bodies. Since this is a NYSDEC-regulated
stream,the top of bank will also be identified.
Chazen will prepare a delineation memorandum for use in the WCSWCD permitting and in the federal permitting
package. Chazen will contact the NYS Historic Preservation Office to obtain a cultural resources sign-off that
the area of proposed work is already disturbed and no further cultural resource investigations are required
under Section 106 of the federal Historic Preservation Act. Chazen will prepare a Nationwide Permit 3 permit
application to the Corps of Engineer;a permit application must be submitted since the site is in the range of the
Indiana bat.
Deliverable: The permit application will be provided to the Town for review and comment. The fee for this task
assumes one round of comments on the permit application. At the Town's direction,the permit application will
be submitted to the Corps of Engineers. It is anticipated that 50 days will be required to process the permit
application following submittal. Any response to comments and any coordination with the Corps of Engineers
or the WCSWCD will be billed to Task 6.
Task 05—Subsurface Investigation
To determine the presence/absence of bedrock to better determine if the proposed culvert can be embedded
per anticipated permit requirements, Chazen will prepare a program of explorations to obtain subsurface
information.This information will be used for project design as well as for the contractor's use in construction.
Chazen anticipates the following:
• The on-site investigations will consist of three soil borings that will be advanced to a depth of up to
20-25 feet or refusal. The intent of the borings is to determine the presence of bedrock or other
significant refusal. Data relative to the boring will be logged and added to the construction documents.
The explorations will be laid out in the field in advance of the boring work.
• A truck mounted drill rig will be able to access the boring locations and complete the explorations to
the limits described.
• Given the low traffic volume no formal maintenance and protection of traffic will be performed.
Z.\Proposals\PN20\Municipal\PM201.60-T.QBY Thunderbird Drive Culvert\PM201.60-T.QBY Thunderbird Drive Culvert Proposal-Revised 2.11.21.docx
Supervisor Strough&Superintendent Duell
August 12,2020
Revised December 17,2020
Second Revision February 11,2021
Page 4of8
At this time,Chazen anticipates using Northeast Specialized Drilling, Inc.to complete this work.
It is noted, that if the Town has a backhoe that is able to excavate to a depth below the existing culvert to
determine the presence/absence of bedrock and the general nature of existing soils,a Chazen staff member
can witness the excavation and therefore the cost of the drilling subcontractor(Northeast Specialized Driller)
can be avoided. The cost for the Chazen staff person to observe the excavation will be borne from Task 06.
Task 06—Construction Documents
Under this task Chazen will:
• Perform a limited hydrologic and hydraulic analysis of the watershed using USGS information and
orthoimagery to determine land cover and to create a conceptual model of potential watershed
discharge rates for the 100-year storm event. Our office will also compare this information to the
discharge and watershed characteristics offered by the web-based platform, known as "NY Stream
Stats",for general comparison purposes. Please note that the watershed includes the Wilkie Reservoir.
This reservoir is used by the City of Glens Falls as one of their raw water reservoirs for drinking water
purposes.As we understand it,the City can control outlet flows as needed to manage their system/their
dams.As such flows from the reservoir can vary.As part of the design effort we will ask the City for their
emergency action plan/most recent hydrologic/hydraulic report associated with the dam,which should
indicate potential flows from the same.At this time,we anticipate designing a new culvert to generally
match the existing hydraulic opening available through the sum of the existing culverts, but following
review of the record documents and completion of our limited hydrology/hydraulic analysis we will
present findings to the Town.
• Following completion of the limited hydrologic and hydraulic analysis,we will recommend a new culvert
size/style to the Town. Because of grant funding timing limits, once the Town has a recommended
culvert size, they may wish to secure for the culvert to take advantage of the potential funds.
• As part of this proposal we assume that end treatments for the culvert will be limited to standard flared
end sections and that retaining walls or other structural elements will not be required. If following
completion of survey and it is determined that any structural elements at the inlet and outlet of the
culvert are required, we will notify the Town. Design and soil investigations needed for the same are
not included in this proposal and would require the execution of a technical services change order.
• Develop construction drawings for the project. The drawings will be prepared for use by a contractor
available to the Town though the contract held by Warren County with said contractors for this type of
work.Advancing the project in this way will avoid the need for public bidding and the soft costs of the
development of a project manual for the project,and more significant efforts/costs associated with the
administration of the construction contract by our office. Alternatively, if the Town would like us to
prepare the project for public bidding we certainly can and will provide a scope and fee via a technical
services change order for the same.The following construction drawings are anticipated:
• Title Sheet
• Notes and Legends Sheet
• Site Plan,Culvert Plan and Profile
• Stream By-pass Requirements and Erosion and Sediment Controls
• Maintenance and Protection of Traffic Details
• Site Restoration and Miscellaneous Details
Z:\Proposals\PN20\Municipal\PM201.60-T.QBY Thunderbird Drive Culvert\PM201.60-T.QBY Thunderbird Drive Culvert Proposal-Revised 2.11.21.docx
Supervisor Strough&Superintendent Duell
August 12,2020
Revised December 17,2020
Second Revision February 11,2021
Page 5 of 8
Task 07—Project Coordination,Meetings and Correspondence
Under this task, Chazen will:
• Coordinate with the Town as needed for the project;
• Coordinate with Warren County Soil and Water Conservation District(WCSWCD)to provide their office
with information/documents needed in support of the NYSDEC(issued via WCSWCD)permit needed for
the project and for grant related items;
• Prepare necessary written correspondence for the project,and;
• Prepare for and attend any meetings during both design and construction with the Town, WCSWCD,
and any other interested party. Chazen will provide meeting minutes as deemed necessary and will
transmit copies of the same as directed by the Town.
For this task, Chazen assumes that a total of approximately 16 hours will be needed for this task at$164/hour
or a total of$2,624. If additional effort is required under this task,Chazen will provide the Town with a revised
scope and fee for the additional services.
Task 08—Construction Phase Services
Because we anticipate that this project will be constructed by a contractor already available to the Town under
the County contract, Chazen can reduce the amount of construction administrative efforts compared to what
would normally be required for a publicly let project. Considering this, Chazen will provide the following
construction phase services for the project:
• Review any shop drawings and submittals for the material and equipment to be incorporated into the
project for conformance with construction drawings as submitted by the contractor.
• Respond to questions about the design drawings, or changes needed because of unknown field
conditions as submitted by the contractor.
• At the request of the Town, we will make only periodic visits to the site to observe construction. We
anticipate making visits for the following purposes:
o Construction Kickoff Meeting
o Observe stream by-pass once installed and immediately before it goes into use.
o Once during new culvert setting or backfill operations.
We assume that the total field time for the limited construction observation effort portion of this task
will be limited to 12-hours. Because we are not providing full time construction observation,we cannot
certify that the construction of the entire project meets the contract documents.We can only certify to
what we actually observe.
• Review the contractor's payment application and make a recommendation to the Town. Please note,
because we will not be on site full time, we will not be tracking all personnel,equipment and material
used by the contractor.Our review and recommendation of their payment application will be conducted
in a general nature only.
We will advance all work under this task on a time and materials basis using the previously approved billing
rates for the Town. For budgeting purposes, we recommend a budget of$4,000 to support this task. We will
Z:\Proposals\PN20\Municipal\PM201.60-T.QBY Thunderbird Drive Culvert\PM201.60-T.QBY Thunderbird Drive Culvert Proposal-Revised 2.11.21.docu
Supervisor Strough&Superintendent Duell
August 12,2020
Revised December 17,2020
Second Revision February 11,2021
Page 6 of 8
notify the Town if it appears that the budget will not support all of the requested services, before the budget is
exceeded.
We also suggest that the Town either require the Contractor to, or that the Town engage directly with a
construction materials testing firm/laboratory to conduct compaction verification testing during backfill and
compaction operations. We also recommend that the Highway Department place a capable staff member on
site,fulltime,during backfill operations to witness backfill operations/ensure appropriate material is placed and
compaction procedures meet the contract documents.
Assumptions and Limitations-Cost itemized herein are forthose tasks specifically mentioned and do not include
the following:
• Boundary Survey depicts the position of boundaries with respect to existing field evidence and title
information. The Boundary Survey must be based on sufficient record information and sufficient field
evidence to enable Chazen to render a professional opinion as to the boundary location.This proposal and
fee have been estimated with the assumption that the record information and field evidence is adequate
to perform the survey. Chazen reserves the right to negotiate additional fees for this project, if the
evidence is inadequate to render an opinion.
• Setting missing property corners.
• Storms, runoff and stream flows are dynamic by their very nature, and the dynamics of which can never be
fully predicted. Changes in hydraulic conditions occur with any culvert replacement and therefore can have
consequences on downstream environs and infrastructure. Many regulations govern requirements for
culvert changes and sometimes those regulations require larger culverts to be installed,thus allowing more
flow to pass through than the previous culvert.This of course can change downstream flow dynamics.Chazen
does not accept responsibility for downstream impacts due to culvert changes.
• As part of this proposal, we assume that end treatments for the culvert will be limited to standard flared
end sections and that retaining walls or other structural elements will not be required. If following
completion of survey and it is determined that any structural elements at the inlet and outlet of the culvert
are required, we will notify the Town. Design and soil investigations needed for the same are not included
in this proposal and would require the execution of a technical services change order.
• The Construction Documents will be prepared for use by a contractor available to the Town though the
contract held by Warren County with said contractors for this type of work. Advancing the project in this
way will avoid the need for public bidding and the soft costs of the development of a project manual for the
project, and more significant efforts/costs associated with the administration of the construction contract
by our office. Alternatively, if the Town would like us to prepare the project for public bidding we certainly
can and will provide a scope and fee via a technical services change order for the same.
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. Please note, because work under this task will be provided under a time and materials basis
Z:\Proposals\PN20\Municipal\PM201.60-T.QBY Thunderbird Drive Culvert\PM201.60-T.QBY Thunderbird Drive Culvert Proposal-Revised 2.11.21.docx
•
Supervisor Strough&Superintendent Duell
August 12,2020
Revised December 17,2020
Second Revision February 11,2021
Page 7of8
(except for any subconsultant cost)we reserve the right to use the budget of any task in order to provide the
requested services needed to complete the project. For example, if the entire budget for survey work is not
used for survey work,but additional construction administration efforts over initially established budget are
required,Chazen will bill those efforts under the survey task.
Reimbursable expenses which include our direct expenses, such as mileage, overnight mailings, extensive
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 Time and Materials Subconsultant Projected
No. Description Estimate(1) Estimate(2) Start/End Dates(2)
01 Boundary Survey $4,600 --- Start:2 Weeks from
authorization,weather
permitting
End:2 Weeks from
completion of field work
02 Topographic Survey --- $3,500 --- Concurrent with
Boundary Survey
03 Easement Descriptions --- $1,100(for two) Start:Week 4
and Exhibit Maps
End:Week 7
04 Aquatic Resource --- $3,500 --- Start: Immediately
Delineation and Federal before Task 002,weather
Permitting permitting.
End: Prior to Construction
05 Subsurface --- $3,160 Start:2-weeks after
Investigations Authorization,weather
permitting.
End:Week 3
06 Construction Documents $15,000 --- Start:Upon Authorization
End:Week 7,weather
permitting for Task 1,2&4
07 Project Coordination, --- $2,624 --- Throughout duration of
Meetings and project
Correspondence
08 Construction Phase --- $4,000 --- See Task Description
Services
2:\Proposals\PN20\Municipal\PM201.60-T.QBY Thunderbird Drive Culvert\PM201.60-T.QBY Thunderbird Drive Culvert Proposal-Revised 2.11.21.doa
Supervisor Strough&Superintendent Duell
August 12,2020
Revised December 17,2020
Second Revision February 11,2021
Page 8 of 8
Tasks Fee Estimates Proposed Schedules
Task Task Lump Sum Time and Materials Subconsultant Projected
No. Description Estimate(1) Estimate(1) Start/End Dates(2)
RE Reimbursables $500
Subtotal --- $34,824 $3,160
Total $37,984
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.Subconsultants are subject to 15%markup,
which is included in the stated fee to cover Chazen's administrative efforts/costs.
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.
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,the Highway Department or the Town
Board to further discuss the project or our proposal,if deemed appropriate. If you find this proposal acceptable,
and as our authorization to proceed, please execute the attached agreement.Chazen looks forward to working
with the Town on this project!
Sincerely,
14/
Sean M. Doty, P.E., LEED AP,CPMSM
Principal
Director, Municipal Engineering Services
Z:\Proposals\PN20\Municipal\PM201.60-T.QBY Thunderbird Drive Culvert\PM201.60-T.QBY Thunderbird Drive Culvert Proposal-Revised 2.11.21.docx
Professional Services Agreement Proposal Number: PM201.60
Project Name:T. QBY-Thunderbird Drive Culvert Project Number:
AGREEMENT MADE this day of 2021 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 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 11 . 2021 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 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-2021-V1 The Chazen Companies Page 1 of 3
e ,
Professional Services Agreement Proposal Number: PM201.60
Project Name:T. QBY-Thunderbird Drive Culvert 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-2021-V1 The Chazen Companies Page 2 of 3
Professional Services Agreement Proposal Number: PM201.60
Project Name:T. QBY-Thunderbird Drive Culvert 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.
Town of Queensbury
CLIENT THE CHAZEN COMPANIES
Chazen Engineering, Land Surveying,Landscape
Architecture&Geology Co.,D.P.C.
By: By:
Printed Name: To n F. SFro��hI1 l Printed Name:
Date: March , ZOZi Date:
NY-2021-VI The Chazen Companies Page 3 of 3