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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. Z:\Proposals\PN21\Municipal\PM211.94-T QBY Highway Garage MEP Services\PM211.S4-Town of Queenshury-H WY Garage-Satelite Building-MEP Services.docx v 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. Z:\Proposals\PN21\MunicipaAPM211.84-T QBY Highway Garage MEP Services\PM211.84-Town of Queensbury-H WY Garage-Satelite Building-MEP Services.dou a 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) Z:\Proposals\PN21\Municipal\PM211.84-T QBY Highway Garage MEP Services\PM211.84-Town of Queensbury-H WY Garage-Satelite Building-MEP Services.do" f 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