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2023 ORGANIZATIONAL\CT Male—General Engineering Services
RESOLUTION AUTHORIZING ENGAGEMENT OF
C.T. MALE ASSOCIATES FOR PROVISION OF GENERAL
ENGINEERING SERVICES TO TOWN OF QUEENSBURY
RESOLUTION NO.: ,2023
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, the Queensbury Town Board wishes to enter into an Agreement for general
engineering services for the year 2023 on an as-needed basis, and
WHEREAS, C.T. Male Associates has offered to provide such services as set forth in its
Contract Agreement dated December 13, 2022 presented at this meeting, and
WHEREAS, the Town Board wishes to authorize such Agreement with C.T. Male
Associates,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes engagement of C.T. Male
Associates for provision of general engineering services for the Town of Queensbury for the year
2023 on an as-needed basis as set forth in C. T. Male Associate's Contract Agreement dated
December 13, 2022 presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute
such Contract Agreement substantially in the form presented at this meeting and/or any other
needed documentation, and
BE IT FURTHER,
RESOLVED, that payment for such services shall be from the appropriate Town accounts
as may be determined by the Town Supervisor, Director of Planning, Zoning and Code Compliance
and/or Town Budget Officer, and
BE IT FURTHER,
RESOLVED, that the Town Board and authorizes and directs the Town Supervisor,
Director of Planning, Zoning and Code Compliance and/or Town Budget Officer to take such other
and further actions as may be necessary to effectuate the terms of this Resolution.
Duly adopted this 2nd day of January, 2023, by the following vote:
AYES
NOES
ABSENT:
C .T. MALE ASSOCIATES
CONTRACT AGREEMENT
Project No.:
Agreement made this 13th day of December, 2022, by and between C.T. MALE. ASSOCIATES ENGINEERING, SURVEYING. ARCHITECTURE,
LANDSCAPE ARCHITECTURE & GEOLOGY, D-P.C., a Design Professional Corporation registered in New York State and authorized to do business
in the State of New York, (hereinafter called G.T. MALE ASSOCIATES): and TOWN OF QUEENSBURY (hereinafter called the CLIENT).
CLIENT and C.T. MALE ASSOCIATES agree as follows:
A. CLIENT and C. T. MALE ASSOCIATES, for the mutual consideration hereinafter set forth, agree as follows:
C.T. MALE ASSOCIATES will perform General Engineering Services on an as-needed basis for the calendar year 2023. The services will
generally include:
Conduct field investigative services as needed. Services may include overseeing test pits or percolation tests for septic systems.
Perform engineering and NYS Building Code reviews for the Building Department on an as-needed basis.
Complete design services for utility, stormwater and building related projects
Conduct environmental services related to ACM, teed paint and groundwater testing. Also, complete hydrogeological services as
requested.
Complete construction observation services on selected utility related projects.
* Provide oversight on solar projects including code related review, design services and/or design review.
Perform stormwater management review and/or design for the Town as an MS4.
Perform land survey services as requested by the Town.
Provide land planning and landscape architecture services at the request of Planning staff and Town Board.
Provide Grant Writing assistance, research and strategy far housing and infrastructure related projects-
8- CLIENT agrees to pay C. T. MALE ASSOCIATES as compensation for services as follows:
See Attachment 1 — Hourly Rate Table which summarizes applicable rates by staff title,
In general, compensation for above referenced services will be billed at the hourly rate for the individual performing the work. Fees and
other charges will be invoiced monthly. The amount of each invoice shall be due at the time of billing and within 30 days of the invoice. For
specific design or study related projects. C.T. MALE ASSOCIATES will provide the CLIENT a separate proposal For the work.
C. CLIENT shall furnish the following:
N/A
D. This Agreement, as signed by the CLIENT and/or his/her representative, includes the following Standard Terms and Conditions
incorporated herein by this reference.
E. The person signing this Agreement warrants he/she has authority to sign as, or on behalf of, the CLIENT. If such person does not have
such authority, it is agreed that he/she will be personally liable for all breaches of this Agreement, and that in any action against them for breach of
such warranty, a reasonable attomay's fee shall be included in any judgment rendered.
F_ CLIENT shall provide C.T. MALE ASSOCIATES personnel with any information regarding potential hazards or whether personal protective
measures are required when working an project site(s) associated with this contract and that C.T. MALE ASSOCIATES personnel be afforded the
opportunity to review any health and safety plan available for site(s) that they will be working on.
AGREED TO. AGREED TO:
TOWN OF QUEENSBURY C-T. MALE ASSOCIATES ENGINEERING, SURVEYING,
ARCHITECTURE, LANDSCAPE ARCHITECTURE & GEOLOGY, D.P.C.
742 Bay Road 510 Century Hill Drive
Queensbury, NY 12804 Latham, NY 12110
Phone: Phone: (518) 786-7400
Email: Fax: (518) 786-7299
By: Icy.
{Authorized Signature) (Date) (Authorized Signature) (Date)
Name: John Strough Name: James R. Edwards, P.E.
Title: Town Supervisor Title: VP Risk Management
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C .T. MALE ASSOCIATES
STANDARD TERMS AND CONDITIONS OF AGREEMENT
1. EXTRA WORK: Extra work shall include. but not be limited to, additional office or fieldwork caused by policy or procedural changes or governmental agencies,
changes in the project, and work necessitated by any of the causes described in Paragraph 5 hereof. All extra work to be authorized by CLIENT in witting prior to
commencement by C.T_ MALE ASSOCIATES.
2. OWNERSHIP OF DOCUMENTS ANDIOR ELECTRONIC MEDIA FILES: All tracings, specifications, computations, survey notes and media files and other
original documents as instruments of service are and shall remain the property of C.T. MALE ASSOCIATES unless otherwise provided by law- CLIENT shalt not use such
items on other projects without C-T. MALE ASSOCIATES' prior written consent. C.T. MALE ASSOCIATES shall not release CLIE NT's data without authorizaton.
S. LIMITATIONS OF PROBABLE COST: Any opinion of the probable construction cost of the project or any part thereof is not to be construed. nor is it intended,
as a guarantee of the total cost.
4_ APPROVAL OF WORK-. The work performed by C.T. MALE ASSOCIATES shall be deemed approved and accepted by CLIENT as and when invoiced unless
CLIENT objects within 30 days of the invoice date by written notice specifically stating the details in which CLIENT believes such work is incomplete or detective-
5- DELAY: Any delay, default, or termination in or of the performance or any obligation of C.T. MALE ASSOCIATES under this Agreement caused directly or
Indirectly by strikes, accidents, acts of God. shortage or unavailability of labor, materials, power or transportation through normal commercial channels, failure of CLIENT
or CLIENT's agents to furnish information or to approve or disapprove C.T. MALE ASSOCIATES' work promptly. late, slow or faulty performance by CLIENT, other
eentractors or governmental agencies. the performance of whose work is precedent to or concurrent with the performance of C.T- MALE ASSOCIATES' work. or any other
acts of the CLIENT or any other Federal, State, or local government agency, or any other cause beyond C.T. MALE ASSOCIATES' reasonable control, shall not be
deemed a breach of this Agreement. The occurrence of any such event shall suspend the obligations Of G.T. MALE ASSOCIATES as long as performance is delayed or
prevented thereby, and the fees due hereunder shelf be equitably adjusted.
a. TERMINATION: The obligation to provide further services under this Agreement may be terminated by either party upon seven (7) days written notice in the
event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party, In the aveni of any termination, C.T_
MALE ASSOCIATES shall be paid for all services ran dared to the date of termination, as well as for all reimbursable expenses and termination expenses- For purposes
of this section, the failure of the CLIENT to pay G.T. MALE ASSOCIATES within thirty (30) days of receipt of an invoice shall be considered such a substantial failure. In
the event of a substantial failure on the part of the CLIENT, C.T. MALE ASSOCIATES, in addition to the right to terminate set forth in this paragraph, may also elect to
suspend work until the default in question has been cured without consequence. No delay or omission on the part of C.T. MALE ASSOCIATES in exercising any right or
remedy hereunder shall constitute a waiver of any such right or remedy on any future occasion.
7. INDEMNIFICATION. CLIENT shall indemnify, defend and hold C.T_ MALE ASSOCIATES harmless for any and all loss, cost, expense, eaim, damage, or
liability of any nature arising from: (a) soil conditions; (b) changes in plans or specifications made by CLIENT or others; (c) use by CLIENT or others of plans, surveys. or
drawings unsigned by C.T. MALE ASSOCIATES or for any purpose other than the specific purpose far which they were desig nad„ (d)job site conditions and parlor nna nee
of work on the project by others; (a) inaccuracy of data or information supplied by CLIENT; and (f) work performed on material or data supplied by others, unless said loss
was solely caused by C-T. MALE ASSOCIATES' own negligence.
a. LITIGATION. Should litgatcn be necessary to collect any portion of the amounts payable hereunder, then all costs and expenses of litigation and collectlon.
including without limitation, fees, court costs, and attorney's rear (including such costs and fees on appeal), shall be the obligation of the CLIENT.
9. REPLACEMENT OF SURVEY STAKES: C.T. MALE ASSOCIATES. it Included in Paragraph A of the Agreement, will provide necessary cc nstruction stakes.
In instances where it is daterm fined that negligence on the part of the CLIENT or others results in the need for restaking, the cost of such testa ki ng will be billed as an extra
to the CLIENT on a time basis. It will be the CLIENT's responsibility to provide adequate protection of the stakes against his own negligence or the negligence of those
working for or with him and against vandalism by others_ If staking is ordered by the CLIENT or others prematurely and construction does not take place, it will also be
the CUENT's responsibility to protect said stakes until such time as construction takes place_
10- MAPPING: Areas obscured by dense vegetation or shadow will be labeled as "DENSE WOODS". "SHADOW, or "OBSCURED AREA". C.T. MALE
ASSOCIATES cannot certify as to the accuracies within these areas. Field verification of such areas) must be undertaken and is not included within the scope of this
Agreement unless explicitly stated.
11. OBSERVATION AND TESTING OF CONSTRUCTION, SAFETY: The observation and testing of construction is not included herein unless specifically agreed
upon in the Scope of Services as set forth in Paragraph A of this Agreement. It should be understood that the presence of C.T. MALE ASSOCIATES' field representative
will be for the purpose of providing observation and field testing. Under no circumstances is it C.T. MALE ASSOCIATES` intent to directly control or supervise the physical
activities of the comrectoes workman to accomplish the work on this project. The presence of C.T. MALE ASSOCIATES' field representative at the site is to provide the
CLIENT with a continuing source of information based upon the field representative's observations of the contractor's work, but does not include any supormtending,
supervision. or direction of the actual work of the contractor or the contractoei; workmen- The contractor should be informed that neither the presence of C.T. MALE
ASSOCIATES' field representative nor observation and testing personnel shall excuse the contractor in anyway for defects discovered in his work. It is understood that
C.T. MALE ASSOCIATES will not be responsible for job or site safety on the project.
12. RESTRICTIONS ON USE OF REPORTS: It should be understood that any reports rendered under this Agreement will be prepared in accordance with the
agreed Scope of Services and pertain only to the subject project and are prepared for the exclusive use of the CLIENT. Use of the reports and data contained therein for
other purposes is at the CLIENT's sole risk and responsibility.
13_ RISK ALLOCATION: The CLIENT agrees that C.T. MALE ASSOCIATES' liability for damages to the CLIENT for any cause whatsoever in connection with
this project, and regardless of the form of action. whether in contract or in tort, including negligence, shall be limited to the greater of '$100,000.00. or C-T. MALE
ASSOCIATES' total fee for services rendered on the project.
14. CONSEQUENTIAL DAMAGES: Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, neither the Client nor the
Consultant, their respective officers, directors, partners, employees, contractors or subconsultants shall be liable to the other or shall make any claim for any incidental,
indirect or consequential damages arising out of or connected in any way to the Project or to this Agreement. This mutual waiver of consequential damages sh811 include,
but is not limited to, loss of use, loss Of profit, loss of business, loss of income, loss of reputation and any other consequential damages that either perky may have incurred
from any cause of action including negligence, strict liability. breach of contract and breach of strict Or implied warranty. Both the Client and the Consultant shall require
similar waivers of consequential damages protecting all the entities or persons named herein in all contracts and subcontracts with others involved in this project.
15. CLIENT RESPONSIBILITIES: Client shall be responsible for providing all reasonable assistance real ui red by C.T. MALE ASSOCIATES in cc nnection with
Services, including. without limitation, any assistance specified in the Proposal. In particular. Client will provide the following:
Reasonable ingress to and egress from the Site by C_T. MALE ASSOCIATES andlor its subcontractors and th at respective personnel and equipment.
Clean, secure, and unobstructed space and areas at the Site for C-T. MALE ASSOCIATES equipment and vehicles or those of C.T. MALE ASSOCIATES'
subcontractors.
Information in the possession of Client (including, without limitation. facility andlor Site schematics, engineering drawings and plot plans) detailing the construction
of facilities located underground or above ground at the Site that pertain to the stated scope of work or are necessary to assist C.T. MALE ASSOCIATES in performing
Services andlor to successfully carry out the project.
Prior to any boring, drilling, andlor excavation work being commenced by C.T, MALE ASSOCIATES, the specific location(s) of such work will be provided to Client.
P nor to any boring, drilling, excavation or other intrusive subsurface activities on the Site, Client or Client's repress mative shall identify any private and public subsurface
obstruction or utility that Client or its representative knows or believes to exist at the Site- C.T. MALE ASSOCIATES, at its discretion, may contact the local public utility
locator and, if agreed by Client, a private utility locator to determine the existence and location of subsurface obstruction or utilities. Client or Client's representative will
provide C.T_ MALE ASSOCIATES with prior app revel of each location where C.T. MALE ASSOCIATES will carry-out any intrusive activity an the Site- Client agrees that
if C-T. MALE ASSOCIATES or its subcontractor causes damage to a subsurface obstruction or utility that was not property identified by Client, or marked by the public
utility locator or private utility locator, if any, the Client shall indemnify, defend and hold harmless C.T. MALE ASSOCIATES, its officers, directors, employees and
independent contractors from and against any and all claims. costs, fines, or Other liability arising out of, or in connection with any damage to any such subsurface
obstmetion or utilities, except to the extent such claim a, costs, fi nos, or other liability are caused by C.T. MALE ASSOCIATES' negligence or willful misconduct.
1 a. CONTROLLING LAWS: This Agreement is to be governed by the laws of the State of New York.
17. INSURANCE C.T. MALE ASSOCIATES shall procure and maintain throughout the period of this agreement, at C.T. MALE ASSOCIATES' Own expense,
insurance for protection from claims under worker's compensation. temporary disability and other similar insurance required by applicable State and Federal laws, and
shall maintain general and professional liability insurances. Certificates for all such policies of insurance shall be provided to the CLIENT upon written request- C.T. MALE
ASSOCIATES shall not be responsi bte for any loss. damage or ilability beyond the amounts, limits and conditions of such insurance.
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C .T. MALE ASSOCIATES
18- STANDARD OF CARE: CLIENT agrees that in performing requested tasks, in accordance with this contract or amendments thereto, C-T. MALE ASSOCIATES
will provide statements of adherence to standards or specifications only when said standards or specifications are included in the scope of services_ In the event C-T.
MALE ASSOCIATES is required to sign a statement or certificate an behalf of CLIENT, which differs from or exceeds the scope of services contracted for. CLIENT hereby
agrees to indemnify and hold C.T. MALE ASSOCfATES harmless from any liability arising from or resulting from such statement or certificate.
19. SUCCESSORS AND ASSIGNS: Neil her CLIENT nor C.T, MALE ASSOCIATES shall assign. sublet, or transfer any rights under or interest in (including, but
without limitation, moneys that may become due or moneys that are due) this Agreement without the written can sent of the other, except to the extent that any assignment,
subletting or transfer is mandated by law at the effect of this limitation may be restricted by law-
20. MEDIATION: CLIENT and C-T. MALE ASSOCIATES agree to resolve all claims. disputes or controversies, or in relation to the interpretation, application or
enforcement of this agree mans through mediation. The parties further agree that the CLIENT will require, as a condition for participation in the proj act and their agreem ant
to perform labor or services, that all contractors, subcontractors, subcontractors and material-persons, whose portion of the work amounts to five thousand dollars ($5,000)
or more, and their insurers and sureties shall agree to this procedure.
21_ EQUAL EMPLOYMENT OPPORTUNITY: C.T. MALE ASSOCIATES is committed to equal employment opportunity for all persons regardless of race, Dolor,
sex, age, national origin, marital status, handicap. or veteran's status. In striving to eliminate discrimination in the workplace, it is our policy to deal only with sub-contractors,
vendors, suppliers, and other affiliates who recognize and support equal employment opportunity and comply with all applicable State and Federal Equal Employment
Opportunity laws and regulations including the annual filing of Standard Form EEO-t.
22. NOTICES: All notices called for by this Contract shall be in writing and shall be deemed to have been sufficiently given or served when presented personally
and when deposited in the mail, postage prepaid, certified and return receipt requested.
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C .T. MALE ASSOCIATES
Attachment 1
2023 Hourly Bate Table
TITLE RATE
Civil Field Technician ........................................ . . .....$90.00/hour
Civil Engineer . ........... . . ............... .............. $98.00 - $115.00/hour
Civil Project Manager ........... . ............ .... $135.00 - $165.00/hour
Intern Architect ........ . ........... .. ............ . .. . . . . ....... .......$110.00/ hour
Architect . .. ..... ............. . .... . ... ... .... . ....$160.00/ hour
Environmental Scientist .................... ... . . . ..$95.00 - 115.00/ hour
Environmental Project Manager ...... ... . $150.00 - $195.00/hour
Mechanical Engineer ......... ............ ..... .. .. .... .... . .......$175.00/hour
Grant Writer... ...... . . . ...... .. .........wwww.... .. ...... $95.00 - $175.00/ hour
Landscape Architect ................... ........ ......... .... .......$160.00/hour
Licensed Surveyor.. ............................ ... . . .. .. .. .. .... . ...$130.00/hour
QA/ QC Manager . . . ............ . .................... ... ..... ... . . . ..$225.00/hour