4.21 4.21
SERVICES\Chazen—Northwest Frail Drainage Evaluation and Establish Capital Project—9-14-2020
RESOLUTION AUTHORIZING ENGAGEMENT OF
THE CHAZEN COMPANIES FOR PROFESSIONAL TECHNICAL
SERVICES ASSOCIATED WITH UPPER NORTHWEST TRAIL
DRAINAGE EVALUATION AND ESTABLISHMENT OF UPPER
NORTHWEST TRAIL DRAINAGE CAPITAL PROJECT NO. 233
RESOLUTION NO.: ,2020
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 Upper Northwest Trail drainage
evaluation for a sum not to exceed $29,900 in accordance with Chazen's September 3, 2020
Proposal #PM201.68 presented at this meeting, and
WHEREAS, the Town Board also wishes to authorize establishment of Upper Northwest
Trail Drainage Capital Project Fund No.: 233 and establish and fund the Revenue and Expense
Accounts for the Capital Project,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement
of The Chazen Companies for professional technical services associated with the Upper Northwest
Trail drainage evaluation for a sum not to exceed $29,900 in accordance with Chazen's September
3, 2020 Proposal #PM201.68 substantially in the form submitted at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes establishment of Upper Northwest
Trail Drainage Capital Project Fund No.: 233 and authorizes and directs the Town Budget Officer
to transfer $29,900 from Town Wide Drainage Project Capital Reserve Fund #66 to fund such
Capital Project Fund#233 and establish appropriations and estimated revenues as follows:
• 233-0000-55031 Interfund Revenues - $29,900
• 233-8540-2899 Capital Construction - $29,900
• 001-9950-9030-0066 Transfer to Capital Project - $29,900
and
BE IT FURTHER,
RESOLVED, that payment for The Chazen Companies' services shall be paid from Capital
Project Fund #233, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute Chazen's September 3, 2020 Proposal #PM201.68 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.
Duly adopted this 14`h day of September, 2020, by the following vote:
AYES :
NOES :
ABSENT:
• THE
Chazn 20 Elm Street,Suite 110
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
Draft:August 24, 2020
Final:September 3, 2020
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—Upper Northwest Trail Drainage Evaluation
Queensbury, Warren County, New York
Chazen Proposal 11PM201.68
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. We understand that the Town may wish to make some minor modifications to the
Town's existing drainage system in the upper section of Northwest Trail. Before making those modifications,
the Town would like to understand existing drainage patterns in the area and what effects making changes
would have to down stream conveyances.It is noted that the road is steep and much of the apparent watershed
leading to the Town's drainage system comes from lands owned by others.
Based on the Town's request,we have prepared this proposal which outlines the following services:
• Preparation of a preliminary drainage evaluation of roadside conveyances located on the upper section
of Northwest Trail.The roadway area that will be studied is depicted in the Figure 1 of this proposal.
• As part of the preparation of the drainage evaluation and because of the steepness of the road and the
size of the apparent tributary area of the watershed, Chazen will complete a topographic survey of the
roadway area.
• For the watershed,Chazen will rely upon LIDAR data available through Warren County for areas outside
of that surveyed around the road. Completing a topographic survey of the entire watershed would be
costly,but if the Town desires to have it completed,we can provide an amended proposal outlining said
services. There will be limitations to the accuracy of results of the proposed study because it will be
reliant on LIDAR data,and this is discussed further in the scope offered below.
• As part of the evaluation,Chazen will also perform deep test pit excavations and infiltration testing near
the top of Northwest Trail as the Town previously considered adding infiltration facilities in this location.
Chazen Engineering, Land Surveying&Landscape Architecture Co.,D.P.C.(New York)
Chazen Engineering Consultants,LLC(Tennessee)
Supervisor Strough
Draft August 24,2020
Final September 3,2020
Page 2 of 6
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L:\Proposals\PN20\Municipal\PM201.68 1.QBy W MSN Drianage Study\PM201.68.Upper Northwest Trail Drainage Evaluation_F inai.docx
Supervisor Strough
Draft August 24,2020
Final September 3,2020
Page 3 of 6
Based on our understanding of the project,we offer the following scope of services:
Scope of Services
Task 001—Right of Way Boundary Survey
• Chazen will locate enough existing boundary evidence along Northwest Road in order to place the road
right of way and property lines along the road. Chazen will utilize the filed subdivision map entitled,
"Map of Section Two of Northwest Village as prepared by Nacy& Raymond Associates, PC, dated July
30, 1976" to establish the right of way. All surveying will be completed in accordance with the "Code
of Practice" as adopted by the New York State Association of Professional Land Surveyors. Chazen will
complete research which is normal to the completion of surveys completed under the above referenced
code.We do however; recommend that an abstract of title be completed by a local title company. This
will assure that all recorded easements and rights of way of record are discovered.
Task 002—Topographic and Utility Survey
• Concurrent with the completion of the right of way boundary survey Chazen will complete a topographic
survey to extend 15 feet past the right of way of Northwest Road as shown in the area outlined above.
In addition, the 20-foot-wide drainage easement that runs through Lot 20 will be surveyed. The
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 observations. A minimum of 2 permanent site bench
marks will be established. Topographic survey will include structures visible at ground surface, edge of
woods lines, roads,drives,and visible utilities.
• Underground utilities will be shown to the extent possible based on surface evidence and maps of
record. We are increasingly finding that some utility companies will not perform mark out for design
surveys; therefore, we request that the Town of Queensbury coordinate the utility mark out with the
"one call"center. 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
Task 003—Drainage Evaluation Report
Under this task Chazen will:
• Create a basemap to support the development of the report using the survey created for the road,
supplemented with LIDAR data for areas not surveyed. As previously mentioned in this proposal, the
vast majority of the approximate watershed tributary to the roadway area is on the lands of others.
These are the areas for which LIDAR data will be relied upon.
• Once an engineering basemap is created,Chazen will delineate a watershed and will prepare an existing
conditions hydrologic and hydraulic model for the watershed including the drainage infrastructure of
the existing roadway. The hydrologic and hydraulic model will be created using HydroCAD. Landcover
data used in the model will be derived from the latest orthoimagery available from the NYS
Orthoimagery Clearinghouse. We will evaluate the 1-, 10- and 100-year design storm events. The
findings of the existing conditions evaluation will be presented in the report.
• Using the existing conditions model as a basis of comparison, we will then evaluate the potential
addition of new or modified drainage infrastructure associated with the roadway. Prior to advancing
this portion of the work, we will meet with the Town Highway Department and Supervisor to discuss
Zi\Proposals\PN20\Municipal\PM201.68-T.QBY W MTN Drianage Study\PM201.68 Upper Northwest Frail Drainage Evaluation Final.docx
Supervisor Strough
Draft August 24,2020
Final September 3,2020
Page 4 of 6
the findings of the existing conditions analysis and to discuss the potential changes that could be made
to the roadway drainage infrastructure system. We will model said proposed changes and present our
findings in the report. To support the conceptual design of the changes,and if infiltration practices are
to be included, we have planned for one-day of soil testing in the upper section of Northwest Trail as
part of the scope of this project. As part of this proposal we assumed that the Town will provide an
excavator and operator and water to the site to support soil testing.
• Proposed condition changes will be depicted on a concept plan and included in the report.
All of this information above will be combined into a Drainage Evaluation Report for the Town. Please note that
there are some limitations to the data that will be used in the report. Those include, but not limited to:
• LIDAR data does not have the accuracy of traditional land survey data. LIDAR data does not typically
include all smaller drainage features that can have a large affect on the size and shape of a watershed.
As such, and while often used in drainage studies for "offsite" areas, it may not accurately reflect the
actual watershed tributary to Northwest Road.
• It is noted that a portion of the West Mountain Ski area makes up the majority of the approximate
watershed associated with the project. Ski areas, including West Mountain often use water bars and
other drainage features to manage runoff and snowmelt on the mountain. LIDAR will likely not pick up
these features and some of these features will not be known to our office as part of the study.As such
they could affect the amount of runoff tributary to the roadway infrastructure; as such the effects of
would not be identified in the model.Assuming the owners of the Mountain will allow us to access their
lands for the study,we intend to make one, 8-hour field visit to visually observe the watershed area to
identify obvious drainage features that may effect the watershed. This effort does not constitute a
survey and again visual observation may not identify all drainage features, especially those located in
wooded areas.
Other project assumptions and limitations-Cost itemized herein are for those 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.
• Rates for the field topographic survey are based on the current New York State Prevailing Wage rates and
Supplemental Benefits for survey field staff.
• Setting missing property corners.
• Location and delineation of wetlands.
• Storms, runoff and stream flows are dynamic by their very nature, and the dynamics of which can never be
fully predicted or modeled. Traditional hydrologic and hydraulic models(especially those using HydroCAD as
proposed herein) provide theoretical results that are not calibrated on in-field measurements. As such the
model will provide data to be used to evaluate proposed changes to the drainage infrastructure based on
theory only.
• Changes in hydrologic and hydraulic conditions of any given watershed are constantly changing. Minor
changes in vegetation, leaf litter, minor grading activities etc. can all affect peak discharge and volumes of
runoff. As such stormwater management devices need to be constantly monitored and maintained or
adjusted to suit actual conditions.
• Hydrologic and Hydraulic changes occur with any drainage infrastructure modifications and therefore can
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Supervisor Strough
Draft August 24,2020
Final September 3,2020
Page 5 of 6
have consequences on downstream environs and infrastructure.This of course can change downstream flow
dynamics. Chazen does not accept responsibility for downstream impacts due to drainage infrastructure
changes should they be made.
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.
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 Projected
No. Description Estimate(1) Start/End Dates(2)
001 Right of Way Boundary Survey $5,300 --- Start:2 Weeks from
authorization
End: 1 Week from completion of
field work
002 Topographic and Utility Survey $9,600 --- Start: Following completion
End: 1 Week from completion of
field work
003 Drainage Evaluation Report $15,000 Start: Following Completion of
task 02&03
End:8 weeks thereafter
Subtotal $29,900 $---
Total $29,900
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.
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.
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Supervisor Strough
Draft August 24,2020
Final September 3,1020
Page 6 of 6
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 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,
174.7
Sean M. Doty, P.E., LEED AP,CPMSM
Principal
Director, Municipal Engineering Services
Z:\Proposals\PN20\Municipal\PM201 68-T.,Z8Y W MTN Orianage Study\PM201.68-Upper Northwest Trait Drainage Evaluation Final docz
Professional Services Agreement Proposal Number: PM201.68
Project Name:T/QBY Upper Northwest Trail Drainage Eval Project Number:
AGREEMENT MADE this 3 day of September 2020 by and between Chazen Engineering, Land Surveying,
Landscape Architecture & Geology Co., D.P.C., a New York design professional corporation with its principal place of
business at 21 Fox Street, Poughkeepsie, New York 12601 (hereafter referred to as "The Chazen Companies"or"Chazen")
and 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 3, 2020 which is hereby made a part of this Agreement.
2. COMPENSATION: Chazen's compensation for services shall be as stated in the Proposal For Professional Services.
Chazen shall submit invoices on or about the tenth day of each month. Invoices shall be payable upon receipt.
Invoices not paid within 30 days will be assessed a finance charge of 1.5% per month. At the beginning of each
calendar year Chazen reserves the right to adjust its billing rates in accordance with Chazen's new annual fee
schedule. Chazen may suspend its performance under this Agreement until all delinquent amounts due for services
and expenses have been paid. All amounts due and owed Chazen under this Agreement shall be paid in full at the
completion of services. Chazen may refuse to release reports, maps and materials prepared by Chazen for Client until
all arrearages are paid in full. If Chazen is required to retain an attorney and/or collection agency to collect amounts
due Chazen under this Agreement, Client agrees to pay Chazen's reasonable attorney's and/or collection fees together
with the costs and disbursements of any such action.
✓A retainer in the amount of $0 will be required prior to the initiation of services. This
retainer will be held until the end of the project and applied to Client's final invoice. Any excess
amount will be returned to Client.
Final payment will be due upon delivery of the final work product(e.g.report,survey,etc.).
3. COOPERATION: Client agrees to keep Chazen informed of changes to the project scope and schedule, and shall
arrange for and provide Chazen entry to property in order to perform the services. Client shall give Chazen prompt
notice of any potentially hazardous or injurious conditions Client knows of or has reason to know of which may be
present on property Chazen must enter. Client agrees to allow Chazen to display appropriate promotional signage
during construction, and to allow Chazen to make a photographic record of the project prior to, during,and subsequent
to construction. Client agrees to allow Chazen to use photographic images, along with information about the project
and/or a description of the services provided,for promotional purposes without restriction or monetary compensation.
4. PROJECT DOCUMENTS:
A. All Documents which may include, but are not limited to, Plans, Specifications, Survey Plats, Technical
Reports and Correspondence are instruments of service with respect to this Project, and Chazen shall retain
an ownership and property interest therein,including the right to reuse the Documents.The right to alter the
Documents belongs only to Chazen.
B. Client and Client's contractors or other consultants may rely only upon printed copies (also known as hard
copies)of Documents that are signed and sealed by a Licensed Professional employed by Chazen. If there is
any discrepancy between printed copies and any electronic copies, the most recent version of the printed and
certified copies govern.
C. Any electronic copies (files) provided will be provided solely as a convenience and shall NOT be considered
"Contract Documents.""Construction Documents"or any type of certified document.All documents considered
"Contract Documents," "Construction Documents" or any type of certified document shall consist only of
printed copies having an original signature and seal of a Licensed Professional employed by Chazen.
D. Be advised that electronic copies of Documents can deteriorate or be inadvertently modified without Chazen's
consent, or may be otherwise corrupted or defective. Accordingly, Client and Client's contractors or other
consultants may not rely upon the accuracy of any electronic copies of Documents.
NY-2020-VI The Chazen Companies Page 1 of 3
Professional Services Agreement Proposal Number: PM201.68
Project Name:T/QBY Upper Northwest Trail Drainage Eval Project Number:
E. Any use, conclusion or information obtained or derived from electronic copies of Documents by Client or
Client's contractors or other consultants will be at Client's sole risk and without liability to Chazen. Client
shall defend,indemnify, and hold harmless Chazen and its officers,directors,representatives and agents from
and against all claims, demands, liabilities, causes of action, suits, judgments, damages, and expenses
(including attorneys'fees)arising from any use whatsoever or reliance on electronic copies of Documents.
F. Client understands that Documents are not intended or represented to be suitable for any purpose other than
that for which they were created. Any reuse or modification of Documents by Client or Client's contractors or
other consultants will be at Client's sole risk and without liability to Chazen. Client shall defend, indemnify,
and hold harmless Chazen and its officers, directors, representatives and agents from and against all claims,
demands, liabilities, causes of action, suits, judgments, damages, and expenses (including attorneys' fees)
arising from any reuse or modification of Documents.
G. Client understands that it is a violation of New York State Education Law for any person to alter in any way
any Document that has been signed and sealed by a Professional Engineer or Land Surveyor, unless he or she
is acting under the direction of a licensed Professional Engineer or Land Surveyor and that the altering
professional signs and seals the document and describes the alteration.
5. RISKS, INSURANCE & LIMITATION OF LIABILITY: Client and Chazen have discussed the risks, rewards and
benefits of the project and Chazen's fees for services under this Agreement. Client and Chazen have also discussed the
allocation of risk associated with their respective duties under this Agreement and agree, to the fullest extent
permitted by law:
A. Chazen shall carry and maintain Workers Compensation, General Liability, Automobile Liability and
Professional Liability insurance. Chazen will provide Client certificates of insurance upon request. Chazen will
be responsible for the negligent actions of Chazen, and the employees and subcontractors of Chazen, within the
terms and conditions of the insurance coverage maintained by Chazen, subject to the limitation of liability set
forth in paragraph 5(C) below. Chazen will not be responsible for any loss or liability, or any violation of law,
rule, regulation or decree by Client or the employees,agents,contractors,or consultants of Client.
B. Chazen agrees that it will not bring hazardous or toxic materials onto Client's property. Client understands
that the ordinary course of work performed by Chazen may result in the excavation and relocation of hazardous
or toxic materials that were on or under the property before Chazen began its work. Client understands that
Client is solely responsible for the cost of investigating,removing, and remediating such materials.
C. Chazen's liability for claims related to professional services errors or omissions under this Agreement, however
arising, shall be limited to the lesser of$1,000,000 or the total compensation received by Chazen from Client,
and Client hereby releases Chazen from any liability or contribution above such amount. This limitation of
liability shall include but not be limited to Chazen's negligence, errors, or omissions. In no event shall Chazen
be liable for incidental or consequential damages,including loss of profits or revenue resulting from any cause or
causes.
6. TERMINATION: In the event of substantial failure by either party to perform under this Agreement, the aggrieved
party may terminate this Agreement upon seven(7)days written notice. If this Agreement is terminated, Client shall
remit all monies due Chazen within 30 days. Chazen at its sole discretion, may terminate this Agreement when it
reasonably believes there may be condition(s) which threaten the health and safety of Chazen personnel and
subcontractors. Chazen assumes no duty to report hazardous or dangerous conditions not caused by Chazen and shall
rely exclusively upon Client to report any such conditions.
7. SEVERABILITY: If any provision of this Agreement is held invalid such provision shall have no effect, but all
remaining provisions shall continue in full force and effect. Each provision of this Agreement shall be interpreted so
as to render it valid.
8. NOTICES: All notices shall be in writing and shall be sufficient if sent by first class mail or overnight mail to the
addresses of Client and Chazen as shown herein. Notices shall be deemed as received three (3) business days after
mailing. Each party hereby agrees to accept all mailed and hand delivered communications.
9. ENTIRE AGREEMENT: This Agreement and any attachments and exhibits identified herein represent all of the
promises, agreements,conditions,understandings,and undertakings between Client and Chazen.
NY-2020-V1 The Chazen Companies Page 2 of 3
Professional Services Agreement Proposal Number: PM201.68
Project Name:T/QBY Upper Northwest Trail Drainage Eval 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 Co., D.P.C.
By: By:
Printed Name: Printed Name:
Date: Date:
NY-2020-VI The Chazen Companies Page•3 of 3