3.04 3.4
SERVICES\Chazen-Satellite Highway Garage MEP Design Bid Construction Phase Services—10-4-2021
RESOLUTION AUTHORIZING ENGAGEMENT OF THE CHAZEN
COMPANIES FOR ENGINEERING AND CONSTRUCTION PHASE
SERVICES ASSOCIATED WITH CONSTRUCTION OF HIGHWAY
STORAGE BUILDING ON BIG BAY ROAD
RESOLUTION NO.: ,2021
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, by Resolution No.: 222,2021, the Queensbury Town Board authorized
B1ueScope Construction Inc.'s Revised Proposal/Agreement dated June 3, 2021 for the purchase
and construction of the Highway Department's Rough Order Magnitude (ROM) Storage Building
on Big Bay Road(Project), and
WHEREAS, the Town Board wishes to engage The Chazen Companies (Chazen) for
Mechanical, Electrical and Plumbing(MEP) engineering and construction phase services associated
with the Project for a sum not to exceed $19,415 in accordance with Chazen's September 28, 2021
Proposal#PM211.84 presented at this meeting,
NOW,THEREFORE,BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement
of The Chazen Companies for Mechanical, Electrical and Plumbing (MEP) engineering and
construction phase services associated with the Highway Department's Rough Order Magnitude
(ROM) Storage Building on Big Bay Road Project for a sum not to exceed $19,415 in accordance
with Chazen's September 28, 2021 Proposal #PM211.84 substantially in the form submitted at this
meeting, and
BE IT FURTHER,
RESOLVED, that payment for The Chazen Companies' services shall be paid from Capital
Construction Account No.: 238-1620-2899, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute Chazen's September 28, 2021 Proposal #PM211.84 substantially in the form submitted at
this meeting as well as any other needed documentation, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
and/or Town Budget Officer to take any other actions necessary to.effectuate the terms of this
Resolution.
Duly adopted this 0'day of October,2021, by the following vote:
AYES
NOES
ABSENT:
THE
NORTH COUNTRY OFFICE
Civil Engineers 20 Elm Street,Suite 110
CbazmLancl Surveyors
— Planners Glens Falls, NY 12801
COMPAN I ESO Environmental&Safety Professionals P:518.812.0513 or 888.539.9073
Landscape Architects
Proud to be Employee owned Transportation Planners&Engineers www.chazencompanies.com
September 28, 2021
Supervisor John Strough
Town of Queensbury
742 Bay Road
Queensbury, New York 12804
VIA EMAIL ONLY: iohnsC�gueensbury.net
Re: Proposal for Professional Services
Satellite Highway Garage-MEP Design/Bid/Construction Phase Services
Town of Queensbury, Warren County, New York
Proposal#PM211.84
Dear Supervisor Strough:
The Chazen Companies (Chazen) are pleased to provide this proposal to provide Mechanical, Electrical and
Plumbing(MEP)engineering and construction phase services for the above referenced project.Chazen is owned
by LaBella Associates and MEP services will be provided by LaBella for this project. Please find below our project
understanding and scope of services. This proposal is to provide the professional services outlined hereon to
the Town of Queensbury(hereinafter referred to as the Town).
Pr_oiect Understanding
We understand the following about the project:
• The Town solicited a design bid proposal from a contractor for the above referenced highway garage
building.The cost of construction exceeded the limits established under what is commonly known as
Wick's Law and therefore the Town descoped the original project. Bluescope Construction holds the
contract for design/build for the general construction trade associated with the project. Prior to the
project being descoped,the Bluescope previously provided concept information regarding the
building M, E and P needs.
• To comply with Wick's Law,the Town has asked our office to assist them in engaging M,E and P
contractors for the project.
• Our office has received drawings_entitled "Town of Queensbury—Satellite Highway Department
Maintenance Building"as prepared by Whelan &Curry,dated August 10, 2021
• Our office has also received building design drawings for the subject 2400-SF building prepared by
Butler Manufacturing dated July 29, 2021.
• We believe based on correspondence and information provided by the Town and Bluescope
Construction,that construction contracts for the MEP trades may all exceed (or be very close too)
$35,000. Exceeding$35,000 for a construction contract associated with anyone trade would require
public bidding.
Based on this understanding,we offer the following scope of services:
Chazen Engineering, Land Surveying, Landscape Architecture& Geology Co. D.P.C. (NY)
Chazen Engineering Consultants, LLC(TN/OR)
Supervisor Strough
September 28,2021
Page 2 of 4
Scope of Services
Our scope of services will include the following items, broken down by trade:
• Heating, cooling and ventilation load calculations.
• Full HVAC system design.
• Provide design for indoor furnaces'to provide heating,cooling and ventilation,with outdoor
condensing unit for Break Room/Radio Dispatch area.
• Provide design for gas-fired unit heaters within Storage Garage area.
• Provide design for CO/NO2 detection system and exhaust system for Storage Garage area.
• Provide design for toilet room exhaust.
• Provide design for power distribution throughout, connections to all equipment.
• Provide design for general power, lighting and fire alarm systems.
• Provide design for empty boxes and pathways for telecomm,security and other low voltage systems
directed by tenant.
• Provide design for receptacle hookup for portable generator with transfer switch.
• Domestic water and natural gas load calculations.
• Provide design for domestic hot and cold water and sanitary distribution to serve plumbing fixtures,
and gas-fired water heater.
• Provide design for natural gas connections to mechanical equipment.
• Provide design for floor drain sanitary design for Storage Garage area.
• Coordinate requirements with oil/water interceptor furnished by G.C.
Task 001—Code Evaluation
Under this task we will:
• Review the plans produced by Whelan &Curry to evaluate code requirement.
• Identify deficiencies in the existing MEP drawings and develop suggestions to be compliant with code.
• Attend (1) design meeting to review with client.
Task 002—Design Phase
Under this task we will:
• Provide one (1) PDF electronic format for review prior to building permit/bidding.
• Provide three(3)signed and sealed sets of drawings for building permit.
• Provide one (1) PDF electronic set of drawings forbidding.
• Attend (1) review design meeting at 90% progress.
• Complete necessary code forms.
• Provide ComCheck report.
• Provide specifications on drawings.
• Complete a NYSDOH backflow prevention device application.
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Supervisor Strough
September 28,2021
Page 3 of 4
Task 003—Bidding Phase
Under this task we will:
• Respond to bidding RFIs.
• Issue addenda, as required.
• Evaluate bid results and make recommendations.
Task 004-Construction Administration Phase:
Under this task we will:
• Review of MEP submittals.
• Answer RFIs from contractors, issue sketches if necessary.
• Attend one punchlist visit to create a punchlist of MEP items for the project.
• Review close-out documentation.
Limitations
This proposal includes the cost for only those services specifically outlined above. Limitations regarding our
services include (but are not limited to)the following:
• Site utilities work beyond 5'-0"from building.
• Voice/Data cabling by others.
• Assumed one bid package.
• Gas-fired water heaters to be used.
• Stand-by generator design is excluded.
• Backflow preventer report is excluded in base fee.
• Design of security systems by others.
• Fire protection system design is excluded.
• Hazardous material testing and abatement drawing are not included.
• Cost estimating is not included.
• Demolition drawings are not included.
• BIM model is excluded.
• Structural and architecture design is by others.
Please note that the services offered in this proposal are related to MEP items only and do not include Civil or
any other professional services in which the Town may request assistance. Chazen will provide assistance to
the Town for items outside of this scope under our existing Town Designated Engineering General Services
Protect Number.
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Supervisor Strough
September 28,2021
Page 4 of 4
Professional Services Fees and Project Schedule
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. We
propose the follow fees for the proposed project:
• Task 001—Code Evaluation Phase:$1,980
• Task 002—Design Phase:$12,045
• Task 003—Bid Phase:$1485
• Task 004—Construction Administration:$3,905
• Total Cost=$19,415
At this time, we can complete Task 01 and 02 within three weeks of authorization. Bidding and Construction
Phase services will begin thereafter.
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 or the Town Board to further discuss
our approach, if deemed appropriate. 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 project.
Sincerely,
Sean M. Doty, P.E., LEED AP,CPMSM
Principal
Director, Municipal Engineering Services
Encl: Agreement
cc: Charles Raimondo, PE, LEED AP, LaBella (via email only)
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Professional Services Agreement Proposal Number: PM211.84
Project Name:Town of Queensbury- HWY Sat. MEP Ser. 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 September 28, 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: PM211.84
Project Name:Town of Queensbury- HWY Sat. MEP Ser. 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-VI The Chazen Companies Page 2 of 3
Professional Services Agreement Proposal Number: PM211.84
Project Name:Town of Queensbury-HWY Sat. MEP Ser. 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
RESOLUTION AUTHORIZING ACCEPTANCE OF REVISED PROPOSAL
AND COST DECREASE FOR PURCHASE AND CONSTRUCTION OF
HIGHWAY STORAGE BUILDING ON BIG BAY ROAD BY
BLUESCOPE CONSTRUCTION, INC.
RESOLUTION NO.: 222,2021
INTRODUCED BY: Mr.Tim McNulty
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, by Resolution No.: 162, 2021, the Queensbury Town Board authorized the:
1) establishment of a Highway Building on Big Bay Road Capital Project No. 238 to establish
funding for expenses related to the purchase and construction of a Highway Department Storage
Building on Big Bay Road (Storage Building); 2) finalization of a Storage Building design
consistent with the Sourcewell cooperative, municipal purchasing program; and 3) purchase and
construction of a Rough Order Magnitude (ROM) Storage Building by BlueScope Construction
Inc.'s (BlueScope) in accordance with Sourcewell and BlueScope's April 23, 2021 proposal for the
amount of$534,060, and
WHEREAS, by Resolution No.: 181, 2021, the Town Board authorized an advertisement
for bids for the purchase and installation of such a Storage Building, and
WHEREAS, BlueScope has submitted a Revised Proposal to the Town dated June 3, 2021
for the amount of $460,702, or a decrease in the amount of $73,358 from its April 23, 2021
proposal, such new Proposal including work to construct the Storage Building's foundation, floor
and building, and plumbing and electrical work, but excluding work to complete the inside
plumbing, electrical and HVAC finish work, such excluded work to be bid out by the Town as
authorized by Resolution No.: 181,2021,
WHEREAS, the Town Board and Town Highway Superintendent have reviewed and
recommended approval of the Revised Proposal/Agreement and decreased cost, and
WHEREAS, Resolution No.: 162, 2021 was adopted subject to Permissive Referendum and
the Permissive Referendum period has passed and the amount in the revised Proposal/Agreement is
for a lesser amount so no additional Permissive Referendum is required,and
WHEREAS, the Town of Queensbury will continue to adhere to all New York State
bidding requirements,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and authorizes
BlueScope Construction Inc.'s Revised Proposal/Agreement dated June 3, 2021 in substantially the
form presented at this meeting for the purchase and construction of the Highway Department's
Rough Order Magnitude (ROM) Storage Building on Big Bay Road in accordance with the
cooperative, municipal purchasing program Sourcewell for the amount of$460,702, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute the Revised Proposal/Agreement substantially in the form presented at this meeting and
any other necessary documentation, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Highway Superintendent, Town Budget Officer, Purchasing Agent and/or Town Counsel to take
any and all actions necessary to effectuate the terms of this Resolution, and
BE IT FURTHER,
RESOLVED, that the Town Board further affirms and ratifies Resolution Nos: 162,2021
and 181,2021 in all other respects.
Duly adopted this 21"day of June,2021, by the following vote:
AYES Mr. McNulty,Mr. Strough, Mr. Metivier,Mr. Freer, Mr. Ferone
NOES None
ABSENT: None
1,Rose Mellon,Deputy Town Clerk of the Town of Queensbury,Warren County,
New York,do hereby certify that I have compared the foregoing with the
original resolution as listed above adopted at a (b.e v(a/ meeting
of the Town Board of the Town of Queensbury held on�he a ti St day of
J'v A t. 20 D-4 at which a quorum was present and that the
same is a correct transcript therefrom and of the whole original thereof
to date,
IN WITNESS THEREOF,I have hereto set my hand and the SEAL of said Town
of Queensbury,this a,-,n j day of 3 v ft z ,20 a.1
SEAL SIGNED: 'fWA � J
Rose Mellon
Deputy Town Clerk
Town of Queensbury
RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR
STORAGE BUILDING FOR TOWN HIGHWAY DEPARTMENT
TO BE LOCATED ON BIG BAY ROAD
RESOLUTION NO.: 181,2021
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Timothy McNulty
WHEREAS, the Queensbury Town Board wishes to advertise for bids for the purchase and
installation of a Storage Building for the Highway Department to be located on Big Bay Road in the
Town of Queensbury as will be more clearly specified in bid specifications to be prepared by the
Town Supervisor, Town Highway Superintendent, Town Engineer and/or Town Purchasing Agent,
and
WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and
award the bids to the lowest responsible bidder(s) meeting New York State statutory requirements
and the requirements set forth in the Town's bidding documents,
NOW,THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's
Purchasing Agent to publish an advertisement for bids in the official newspaper for the Town of
Queensbury for the purchase and installation of a Storage Building for the Highway Department to
be located on Big Bay Road in the Town of Queensbury as will be more clearly specified in bid
specifications to be prepared by the Town Supervisor, Town Highway Superintendent, Town
Engineer and/or Town Purchasing Agent, and
BE IT FURTHER,
RESOLVED, that upon receipt of bids, the Town Board further authorizes and directs the
i
Purchasing Agent to open all such bids, read the same aloud and record the bids as is customarily
done and present the bids to the Town Board.
Duly adopted this 17"'day of May, 2021, by the following vote:
AYES: Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone
NOES: None
ABSENT: None