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2024 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.: ,2024
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 2024 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 12/12/2023 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 2024 on an
as-needed basis as set forth in C. T. Male Associates' Contract Agreement dated 12/12/2023, 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 1st day of January, 2024, by the following vote:
AYES Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. McNulty, Mr. Strough
NOES None
ABSENT: None
C.T. MALE ASSOCIATES ��r��
Engineering, Surveying. Architecture. Landscape Architecture & Geology, [7_P.C. . 11
50 Century Hill Drive, Latham. NY 12110
Ij*��11�1��J
SM786.7400 FAX 518.786,72919 www,ctmc3le.com
December 12, 2023
John Strough, Supervisor
Town of Queensbury
742 Bay Road
Queensbury, IVY 12804
Re. 2024 Town Engineering Services Agreement
Dear Supervisor Strough:
C.T. Male Associates is pleased to offer the Town of Queensbury our proposed work
scope and rate schedule to provide general engineering services for the year 2024.
As in past years, our services range from survey, environmental and civil engineering
and will be provided on an as-needed basis. We have appreciated the opportunity to
work with you and your staff and look forward to doing so in the coming year.
If you have any questions related to the attached general services agreement, please feel
free to contact me.
Sincerely,
C.T. MALE ASSOCIATES
ames R. Edwards, P.E.
NrP - Risk Management
Co Barb Tierney
Encl.
Civil Engineering a Environmental Services a Survey Services • Land Services e Architecture
Energy & Building Systems Services a Electrical Engineering
C .T. MALE ASSOCIATES
Attachment 1
2024 Hourly Rate Table
TITLE RATE
Civil Field Technician...............................................$92.00/hour
Civil Engineer ........................................... $98.00 - $118.00/hour
Civil Project Manager ............................ $138.00 - $167.00/hour
Intern Architect .......................................................$115.00/hour
Architect ............•.........•............................................$162,W/hour
Environmental Scientist .......I'll.................$98.00 - 118.00/hour
Environmental Project Manager .......... $155.00 - $198.00/hour
Mechanical Engineer ..............................................$1'78,00/hour
Grant Writer.............................................. $95.00 - $175.00/hour
Landscape Architect .............................. $128.00 - $160.00/hour
Licensed Surveyor...................................................$135.00/hour
QA/QC Manager ....................................................$225.00/hour
C.T. MALE ASSOCIATES
CONTRACT AGREEMENT
Project No.:
Agreement made this 13th day of December, 2023, 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 follorws:
C.T. MALE ASSOCIATES will perform General Engineering Services on an as-needed basis for the calendar year 2024, The services will
generally include:
a 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.
a Complete design services for utriity, stornwvater and building related projects
a Conduct environmental services related to ACM, lead paint and groundwater testing. Also, complete hydrogeofogical services as
requested_
Complete construction observation services on selected utility related projects.
a Provide oversight on solar projects Including code related review, design services and/or design review.
a Perform stormwafer management review and/or design for the Town as an MS4.
a Perform land surrey services as requested by the Town.
a Provide land planning and landscape architecture servtces at the request of Planning staff and Town Board.
a Provide Grant Writing assistance, research and strategy for housing and infrastructure related projects.
B. CLIENT agrees to pay C. T. MALE ASSOCIATES as compensation for services as follows:
See Attachment i — 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. For invoices
paid by credit card, a 3.5% charge will be applied to each invoice in addition to the base contracted amount, 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 toy 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 personalty liable for ail breaches of this Agreement, and that in any action against them for breach of
auch warranty, a reasonable attorneys fee shall be included In arry judgment rendered.
F. CLIENT shall provide C.T. MALE ASSOCIATES personnel with arry information regarding potential hazards or whether personal protective
measures are required when working on project slte(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 stte(s) that they will be working on-
AGREED TO: AGREED TO:
TOWN OF QUEENSBURY C.T. MALE ASSOCIATES ENGINEERING, SURVEYING,
ARCHITECTURE, LANDSCAPE ARCHITECTURE S, GEOLOGY, Q.P.G.
742 Bay Road 50 Century Hill Drive
Queensbury, NY 12804 Latham, NY 12110
Phone: Phone: (518) 786-7400
Email: Fax: (518) 786-7299
By: By:
(Authorized Signature) (Date) (Authorized Signature) (Date)
Name: John Stromh Name: James R. Edwards P.E.
Tide: 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 field work caused by policy or procedural changes or governmental agendas.
changes in the project, aril work necessitated by any of the causes described in Paragraph 5 hereof_ AN extra work to be authorized by CLIENT In writing prior to
kxunmencement by C.T. MALE ASSOCIATES.
2. OWNERSHIP OF DOCUMENTS ANDIOR ELECTRONIC MEDIA FILES: All tracings, specifications, computations, survey notes and media dies and other
original documents as instruments of service are and shalf remain the Property of C.T. MALE ASSOCIATES unless otherwise provided by tow. CLIENT shall not use such
Memo on other projects without C.T. MALE ASSOCIATES' prior written consent. C.T. MALE ASSOCIATES shag not release CU ENT's data without autlradxatiom
3. LIMITATIONS OF PROBABLE COST-, Any opinion of the probable consMxrdlon cost of the project or err/ part thereof is not to be construed, no'is It intended,
as a guWantoo of the tow Cost.
4. APPROVAL OF WORK: The work performed by C.T. MALE ASSOCIATES shall be deemed approved and aacepted by CLIENT as and when Invoiced unless
CLIENT ab]eds wI thin 30 days of the Invoice date by written notice specifically stating the details In which CLIENT believes such work Ia Incomplete or defective.
5. DELAY: Any delay, default, or termination in or of the performance of any obligation or C.T_ MALE ASSOCIATES under this Agreement caused directly or
indiracdy by strikes, accidents, acts of Clod, shortage or unavailability of labor, materials, power or transportation through normal oomrnercial channels, failure of CLIENT
or CLIENT's agents to furnish Information or to approve or c"Appmve C.T. MALE ASSOCIATES` work promptly, late, slow or faulty performance by CLIENT, other
contractors or governmental agencies, the performance ofwhose work is precedent to or concurrent with the performance of C.T. MALE ASSOCIATES'work, or any other
ads of the CLIENT or any other Federal, State, or local government agency, or any other cause beyond C.T. MALE ASSOCIATES' assumable oontrd, shaft not be
deemed a breach of this Agreement The coo nonce of any such event shall suspend the obligations of C.T. MALE ASSOCIATES as long as porrormence Is delayed or
prevented thereby, and the fees due hereunder shall be equitably edjuated-
6. TERMINATION: The obligation to provide further services under this Agreement may be terminated by either party upon seven (7) pays written notice In the
event of substantial failure by the other party to perform In accordance with the tome hereof through no fault of the terminating party. In the event of any lanmination, C-T.
MALE ASSOCIATES shell be paid for all services rendered to the date of termination. as well as for all reimbursable expenses and temhinatton expenses. For purposes
of this section, the failure of the CLIENT to pay C.T. MALE ASSOCIATES within thirty (30) days of receipt or an Invoice shag 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 poragroph, may also affect to
suspend work until the dermult 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 shah constitute a waiver of any such right or remedy on any future occasion.
7. INDEMNIFICATION: CLIENT shag indemnify, defend and hold C.T. MALE ASSOCIATES harmless for any and all loss, cost. expense, Balm, damage, or
liability of any nature arising from: (a) sell 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 orfor any purpose other than the specific purpose for which they were designed; (d)job aka conditions and performance
of work on the project by others; (e) Inaccuracy of date or information supplied by CLIENT; and (f)work performed an material or do" supplied by others, unless said loss
was solely caused by G.T. MALE ASSOCIATES' own negligence.
a. LITIGATION: Should litigation be necessary to "act arty portion of the amounts payable hereunder, then all costs end expenses of litigation and collection,
including wthout limitation, fees, court costs, and aMm, eye foes (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 construction stakes-
In instances where it is deterNnod that negfigenc a on the part of the CLIENT or others results in the need for restating, the cost of such restaking will be biped as an extra
lob the CLIENT on a tlma boals, M will be the CLIENT's responsibility to provide adequate protection of the stakes against his sum negligance or the neogionce of thosa
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 CLIENT's responsibility to protect said stakes until such time as construction taken place.
10. MAPPING: Areas obscured by denser vegetation or shadow w/ be labeled as "DENSE WOODS", "SHADOmN, or 'OBSCURED AREA7. C.T. MALE
ASSOCIATES cannot certify as to the oxmracias within these areas. Field vertftcation of such area(s) must be undertaken and Is not Included within the scope of Ws
Agreement unless explicitly stated.
11. OBSERVATION AND TESTING OF CONSTRUCTION, SAFETY: The observation and testing of construction is not included herein unbeas specifically agreed
upon In the Scope of Services as act forth in Paragraph A of this Agreement. R should be understood that the presence or C.T. MALE ASSOCIATES' field representative
will be for the ,purpose of providing observation and field besting. Under no circumstances Is it C.T. MALE ASSOCIATES' intent to directly control or supervise the physical
activities of the cartractoes workmen to accompneh the work on this project The presence of C.T. MILE ASSOCIATES' "d 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 superintanding,
supervision, or direction of the actual work of the contractor or the eontr+dor's workmen. The contractor should be inforrnad that neither the presence of C.T, MALE
ASSOCIATES' Held representative nor observation and testing personnel shall excuse the contractor in arty way for defers discovered In his worse. it is understood that
C.T. MALE ASSOCIATES wig not be responsible for job or site safety an 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 portain only to the subject project and are prepared for the exclusive use of the CLIENT. Use of the reports and data contained therein for
ctlhar purposes is at the CLiENT'a sole risk and reaponsibitity.
13. RISK ALLOCATION: The CLIENT agrees that C.T. MALE ASSOCIATES' Nabllity for damages to the CLIENT for any cause whatsoever in connadion with
this project. and regardless of the form of action, whether in contract or in tort, induding negligence, shall be limited to the greater of S100.000.00. or C.T. MALE
ASSOCIATES' total fee for services rendered on the project
14. CONSEQUENTIAL DAMAOES: Notwithstanding any other provision of this Agreement, and to the "eat extent permitted by law, neither the Client nor the
Consultant, their respective officers, directors, partners, employees, contractors or subconsm hatnts shall be liable to the other err shall make any doim for any Incidental,
indirect or consequential damages arising out of or connedod in any way to the Project or to lima Agreement. This mutual walver of consequential damages shall include,
but In not limited to, loan of use, leas of profit loss of business, loss of income, loss of reputation and any other consequential damages that either party may have incurred
from any cause of action including negligence, strict lability, breach of contract and breach or 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 an contracts and subcontracts with others Involved In this project.
IS. CLIENT RESPONSIBILITIES: Client shall be responsible for providing an reasonable assistance required by C-T. MALE ASSOCIATES In connection with
Services. Including. without limitation. any assistance specified in the Proposal. In particular. Client will provide the following:
Reasonable ingress to and agrees from the Site by C.T. MALE ASSOCIATES and/or its subcontractors and thalr 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'
subcont actors.
inrormation In the possession of Client (including, without Ornitetion, faciitty and/or 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 sanist C.T. MALE ASSOCIATES in performing
Services and/or to 9,rocessh ly carry out the pro)ed.
Prior to any boring, drilling, and/or excavation work being commenced by C.T. MALE ASSOCIATES, the specific location(s) of such work will be provided to Client..
Polar to arty boxing, drilling. excavation or other Intrusive subsurface activities on the Site, Client or ClknW* representative shall identify any private and public subsurface
obstruction or utility that Clem or Ms repo antatve knows or believes In exist at the $ite. C.T. MILE ASSOCIATES, at its discretion, may coated the local public utility
locator and, If agreed by Client, a private utility locator to determine the existence and location of subsurface obstruction or utNltles. Cilent or Clfenrs representafiva will
provide C.T. MALE ASSOCIATES with price approval of each tocatlon where C.T. MALE ASSOCIATES will carryout any Inlrushm activity an the Site. Chem agrees that
if G.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 Chem shall Indemnify, defend and hold harmless G.T. MALE ASSOCIATES, Its officers. directors, employees and
Independent contractors from and against any and all claims. costs, Ones, or other liability arising cut of, or In connection with any damage to any such subsurface
obstruction or utilities, except to the extent such datms, costs, Ones, or other liability are caused by C.T. MALE ASSOCIATES' negligence or willful misconduct.
16. CONTROLLING LAWS: This Agnxemerd 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 agreemennk at C.T. MALE ASSOCIATES' own expense,
insurance for protection ran distant under workers compensation, temporary diasbNity and other similar Insurance required by applicable State and Federal laws, and
shop maintain general and professional liability insurances. Certificates for all such policies of insurance shad be provided to the CLIENT upon written rap user. C.T. MALE
ASSOCIATES shall not be responsible for any lass, damage or liability beyond the amounts. limits and conditions or such Insurance.
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C .T. MALE ASSOCIATES
141- STANDARD OF CARE. CLIENT agrees that in performing requested tasks, in accordance with this contract or amendments thereto, C.T. MALE ASSOCIATES
Wirt 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 to required to sign a statement or cartificate an behalf of CLIENT, which differs Iran or exceeds the scope of services contracted for. CLIENT hereby
agrees to indemnify and hold C.T. MALE ASSOCIATES harmless from any liabiihy arising from or resulting from such statement or certilioate. -
19. SUCCESSORS AND ASSIGNS: Neither CLIENT nor C.T. MALE ASSOCIATES shall assign, sublet, or transfer any rights under or interost In {Including, but
without Cunitation, moneys that may become due or moneys that are duel this Agreement without the written consent of the other, except to the extent that any assignment,
subletting or transfer is mandated by law or the affect of this limitation may be restricted by law.
20. MEDIATION: CLIENT end C.T. MALE ASSOCIATES agree to resolve all dafms, disputes or controversies, or in rotation to the Interpretation, application at
enforcement of this agreement through modistion. The panties further agree that the CLIENT will require, as a condition for particips0on in the project and their agreement
to perform labor or services, that all osntrectors, subcontractors, subcontractors and material-pomace 9.whose portion of the work smcurds to five thousand dollars ($5,000)
or more, and their Insurers and sureties shell agree to this procedure.
21. EQUAL EMPLOYMENT OPPORTUNITY: C.T- MALE ASSOCIATES is committed to equal employment oppoitur ty for all persons regardless of race, oolw,
sex, age, national origin, msr W status, handicap,or veteran's ■talus. In striving to eliminate discrimination In the workplace, It Is our policy to deal orgy with sub-contractor's,
vendors, suppliers, and other alffillates who recognize end support squat employment opportunity and comply with all applicable State and Federal Equal Employment
Opportunity lows and regulations Including the annual filing of Standard Form EEO-1.
22. NOTICES. M notices called fw by this Contract shell be in writing and shalt be downed to have been sufficiently given or served when presented personalty
and when deposited in the mail, page prepaid, oartified and return receipt requested.
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