4.17 4.17
SERVICES\Chazen—Water Quality Improvement Program WQIP Grant-Rockhurst Community Sewer System—7-12-2021
RESOLUTION AUTHORIZING ENGAGEMENT OF
THE CHAZEN COMPANIES FOR TECHNICAL SERVICES ASSOCIATED
WITH PREPARATION OF A CONSOLIDATED FUNDING APPLICATION
FOR WATER QUALITY IMPROVEMENT PROGRAM GRANT'IN
SUPPORT OF ROCKHURST COMMUNITY SEWER PROJECT
RESOLUTION NO.: ,2021
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, the Queensbury Town Board is considering establishing a North
Queensbury/Rockhurst Community Sewer District (District) in accordance with Article 12-A of
New York Town Law, and
WHEREAS, by Resolution No.: 270.2019, the Town Board accepted up to $25,000 in
Grant funding from The Fund for Lake George toward establishment of the District to be used
toward the cost of engineering studies and/or preparation of a Map, Plan and Report, and
WHEREAS, by Resolution No.: 62.2020; the Town Board authorized engagement of The
Chazen Companies (Chazen) for technical services associated with the development of an
Engineering Report and Map, Plan and Report for the proposed District for a sum not to exceed
$61,620 in accordance with Chazen's September 27, 2019, Revised December 19, 2019 Proposal,
and
WHEREAS, the Town Board wishes to again engage Chazen for technical services
associated with the preparation of a Water Quality Improvement Program (WQIP) Grant in support
of the District for a sum not to exceed $5,000 in accordance with Chazen's July 8, 2021 Proposal
submitted at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement
of The Chazen Companies for technical services associated with the preparation of a Water Quality
Improvement Program (WQIP) Grant in support of the District for a sum not to exceed $5,000 in
accordance with Chazen's July 8, 2021 Proposal 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.: 001-1440-4720-003 8 and shall be reimbursed as a cost of the
improvement to the extent designated by the Town Board if the District is established, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer
to amend the 2021 Town Budget by transferring $5,000 from Consultant Fee Account No.: 001-
1440-4720 to Engineering Account No.: 001-1440-4720-0038, 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,
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 12`"day of July, 2021, by the following vote:
AYES
NOES
ABSENT:
i
THE NORTH COUNTRY OFFICE
Chi Land
e� Civil Engineers 20 Elm Street,Suite 110
Planners Surveyors Glens Falls, NY 12801
C OM PA N I E So Environmental&Safety Professionals P:518.812.0513 Or 888.539.9073
Landscape Architects
Proud to be Employee Owned I ra nsportation Planners&Engineers www.chazencompanies.com
July 8, 2021
John Strough
Supervisor
Town of Queensbury
742 Bay Road
Queensbury, New York 12804
Delivered via email only: iohns@gueensbury.net
Re: WQIP Application —Rockhurst Community Sewer System
Proposal for Professional Services
Chazen Proposal No.:PM211.37
Dear Supervisor Strough:
Thank you for recently discussing the Town's interest in applying for a Water Quality Improvement Program
(WQIP)grant in support of the Rockhurst community sewer project.This proposal outlines services that Chazen
will provide to prepare the noted WQIP application on behalf of the Town. Below, please find our proposed
scope of services:
Scope of Services
Task 1—WQIP Application
Under this task Chazen will prepare a Consolidated Funding Application (CFA) for a WQIP grant for the noted
project. The WQIP can fund up to 75% of construction costs associated with the replacement of failing on-site
sewage disposal systems with a centralized community wastewater system, up to a cost of$10M per project.
As part of the application,we will develop required responses and narratives to demonstrate the importance of
the project and complete the application.At times,we may request certain information/documents from the Town
in support of the applicantion. We may also request that you assist in soliciting letters of support from local, state
and federal officials.
Applications are due July 30th. The fee for this task is$5,000 including expenses,to be billed on a lump sum basis.
Closing and Agreement
Invoices will be issued monthly for all services performed during that month, and are payable upon receipt.
Please feel free to contact me at 518-824-1926 if you have any questions or require clarification of the proposed
scope of services offered.We would be glad to meet with you or the Town Board to further discuss our approach
if deemed appropriate.
Chazen Engineering, Land Surveying,Landscape Architecture&Geology Co. D.P.C. (NY)
Chazen Engineering Consultants,LLC(TN/OR)
"r
Supervisor Strough
July 8,2021
Page 2 of 2
If you find this proposal acceptable, and as our authorization to proceed, please review and execute the
attached agreement. Chazen looks forward to the opportunity of working with the Town on this effort.
Sincerely,
Sean M. Doty, PE, LEEP AP, CPMSM
Principal
Director, Municipal Engineering Services
Encl: Chazen Professional Services Agreement
cc: Chris Round,AICP,VP Planning Services, Chazen
Z:\Proposals\PN21\Municipal\PM211.37-T QBY-Rockhurst WQIP\PM211.37-Town of Queensbury-WQIP Application-Rockhurst Project.dooc
Professional Services Agreement Proposal Number: PM211.37
Project Name:T.QBY-WQIP Application 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 July 8 . 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-VI The Chazen Companies Page 1 of 3
Professional Services Agreement Proposal Number: PM211.37
Project Name:T.QBY-WQIP Application 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. RISI{S, 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-VI The Chazen Companies Page 2 of 3
e
r
Professional Services Agreement Proposal Number: PM211.37
Project Name:T.QBY-WQIP Application 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: Printed Name:
Date: Date:
NY-2021-VI The Chazen Companies Page 3 of 3