2.04 2.4
SERVICES\CT Male—General Engineering Services—3-23-15
RESOLUTION AUTHORIZING ENGAGEMENT OF C.T. MALE
ASSOCIATES FOR PROVISION OF
GENERAL ENGINEERING SERVICES
RESOLUTION NO.: ,2015
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, the Queensbury Town Board wishes to enter into an Agreement for general
engineering services on an as-needed basis, and
WHEREAS, C.T. Male Associates has offered to provide such general engineering services
as delineated in its Contract Agreement received by the Town Supervisor's Office on February 1211'
2015 and 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 on an as-
needed basis as set forth in C. T. Male Associate's Contract Agreement received by the Town
Supervisor's Office on February 12th 2015 and presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute
such Contract Agreement 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 and/or Town Budget Officer, and
BE IT FURTHER,
RESOLVED, that the Town Board and authorizes and directs the Town Supervisor and/or
Town Budget Officer to take such other and further action as may be necessary to effectuate the
terms of this Resolution.
Duly adopted this 23rd day of March, 2015, by the following vote:
AYES
NOES
ABSENT:
C.T. MALE ASSOCIATES
Engineering,Surveying, Architecture & Landscape Architecture, D.P.C.
M��_
50.Century Hill Drive, Latham, NY 12110 ,Ujll �uO1i •E
518.786.7400 FAX 518.786.7299 www.ctmale.com
Supervisor John Strough
Town of Queensbury
742 Bay Road Received b
Queensbury, NY 12804 y
FEB 12 2015
Re: Proposed Agreement for General Engineering Services Of of Quee ns
Town of Queensbury Supervisor' rY
Supervisor's Office
Dear Supervisor Strough:
Attached please find a revised General Engineering Services summary along with a
short form agreement for your review and consideration. As discussed, we have
provided a schedule of possible services along with the staff assignments and rates that
would apply. This would allow the Town to secure Engineering Services on as-needed
basis which could range from Environmental, Architectural, Survey or Civil
Engineering tasks as well as Grant Writing.
If desired, we would be happy to discuss the proposed services offered in more detail.
Feel free to contact me if you have any questions. We have also attached a short form
agreement that would enable you to more formally secure our services to the Town for
2015 and if requested, through 2016.
Respectfully Submitted,
C.T. MALE ASSOCIATES
James R. Edwards, P.E.
Division Manager -Civil Engineering
Attach.
Architecture&Building Engineering • Civil Engineering •Energy Services • Environmental Services •Survey&Land Services
C.T. MALE ASSOCIATES
Engineering, Surveying, Architecture & Landscape Architecture, D.P.C.
mEE
50 Century Hill Drive, Latham, NY 12110 OE
518.786.7400 FAX 518.786.7299 www.ctmale.com '' L
Town of Queensbury- General Engineering Services Summary 2015 &2016
Service Type Hourly Rates
I. Stormwater&Drainage Analysis;SPDES Permit Assistance;MS4 Compliance
Field Technician $70/hour
Engineer
$105/hour
Project Manager $135/hour
II. Field Engineering Services-Percolation Tests;SWPPP Inspections;
Inspection of Roads,Sidewalks,Utilities
Field Technician $70/hour
III. Survey Services-Topographic;Boundary;3D Laser Scanning
One Person Crew $90/hour
Two Person Crew(NYS Prevailing Rate) $198/hour
IV. Environmental Services-Bulk Storage Regs;ACM&Lead Paint Surveys;
SEQRA Review;Spill Investigation
Environmental Scientist $95/hour
Engineer
$125/hour
Industrial Hygienist $150/hour
V. Energy Services-Alt.Energy Analysis;Building Related Energy Efficiencies
Engineer $120.00
VI. Leach Field/Septic System Review
Engineer $95/hour
VII. Structural Evaluations-Investigations Assessments and Evaluations
Engineer
$120/hour
VIII. Electrical Assessment-Power&Lighting Assess;Emergency Generator Design
Engineer
$120/hour
IX. Mechanical-HVAC System Design&Analysis;Plumbing System Design
Engineer
$128/hour
X. Architectural-NYS Building Code Compliance;Building Condition Survey
Architect $125/hour
Xl. Funding Assistance&Grant Writing
Senior Planner $115/hour
Architecture&Building Engineering • Civil Engineering •Energy Services • Environmental Services •Survey&Land Services
C.T. MALE ASSOCIATES
CONTRACT AGREEMENT
Project No.:
Agreement made this 10th day of February,2015, by and between C.T.MALE ASSOCIATES ENGINEERING,SURVEYING,ARCHITECTURE&
LANDSCAPE ARCHITECTURE, 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 C.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:
• Conduct general engineering and environmental(SEQRA)related services for the Town Board on an as-needed basis.
• Perform engineering and NYS Building Code reviews for the Building Department on an as-needed basis.
• Pursue opportunities for and apply for grants at the discretion of the Town Board.
• See attached comprehensive summary of proposed services.
B. CLIENT agrees to pay C.T.MALE ASSOCIATES as compensation for services as follows:
Per the attachment,rates for engineering related services and reimbursable expenses are summarized.
C. CLIENT shall fumish 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 attorney's fee shall being 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 on 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,D.P.C.
742 Bay Road 50 Century Hill Drive
Queensbury, NY 12804 Latham,NY 12110
Phone: (518)761-8200 Phone: (518)786-7400
Fax: Fax: (51; 786-7299
By: :y: ► oG 4/0/5
John Strough (Dat:l lames R. Edwards (Date)
Title: Town Supervisor Title: Division Manager-Civil Engineering
Page 1 of 2 2/10/2015
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
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 writing
prior to commencement by C.T.MALE ASSOCIATES.
2. OWNERSHIP OF DOCUMENTS AND/OR 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 shall not use
such items on other projects without C.T.MALE ASSOCIATES'prior written consent. C.T MALE ASSOCIATES shall not release CLIENT's data without authorization.
3. LIMITATIONS OF PROBABLE COST ESTIMATES: Any estimate 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 defective.
5. DELAY: Any delay,default,or termination in or of the performance of 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
contractors 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 C.T. MALE ASSOCIATES as long as performance is
delayed or prevented thereby,and the fees due hereunder shall be equitably adjusted.
6. 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 event of any termination,
C.T. MALE ASSOCIATES shall be paid for all services rendered 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 C.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. 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,claim,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 for which they were designed; (d)job site conditions and
performance of work on the project by others;(e)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.
8. LITIGATION: Should litigation be necessary to collect any portion of the amounts payable hereunder,then all costs and expenses of litigation and collection,
including without limitation,fees,court costs,and attorney's fees(including such costs and fees on appeal),shall be the obligation of the CLIENT.
9. 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 contractor's workmen 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 superintending, supervision, or direction of the actual work of the contractor or the contractor's 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 any way 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
10. 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 CLIENTs sole risk and responsibility.
11. 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 $25,000, or C.T. MALE
ASSOCIATES'total fee for services rendered on the project.
12. CLIENT RESPONSIBILITIES: Client shall be responsible for providing all 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 egress from the Site by C.T.MALE ASSOCIATES and/or its subcontractors and their 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 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 assist C.T.MALE ASSOCIATES in performing
Services and/or to successfully carry out the project.
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.
Prior to any boring,drilling,excavation or other intrusive subsurface activities on the Site,Client or Client's representative 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 approval of each location where C.T.MALE ASSOCIATES will carry-out any intrusive activity on the Site. Client agrees that
if C.T.MALE ASSOCIATES or its subcontractor causes damage to a subsurface obstruction or utility that was not properly 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
obstruction or utilities,except to the extent such claims,costs,fines,or other liability are caused by C.T.MALE ASSOCIATES'negligence or willful misconduct
13. CONTROLLING LAWS: This Agreement is to be governed by the laws of the State of New York.
14. INSURANCE: C.T. MALE ASSOCIATES shall procure and maintain throughout the period of this Agreement, at C.T. MALE ASSOCIATES'own cost,
insurance for protection from claims under worker's compensation, temporary disability and other similar insurance required by applicable State and Federal laws.
Certificates for all such policies of insurance shall be provided to the CLIENT upon written request C.T. MALE ASSOCIATES shall not be responsible for any loss,
damage or liability beyond the amounts,limits and conditions of such insurance.
15. SUCCESSORS AND ASSIGNS: Neither 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 consent of the other, except to the extent that any
assignment,subletting or transfer is mandated by law or the effect of this limitation may be restricted by law.
16.MEDIATION: CLIENT and C.T.MALE ASSOCIATES agree to make every effort to resolve all claims,disputes or controversies a rising out of,or in relation to
the interpretation,application or enforcement of this agreement through mediation. The parties further agree that the CLIENT will require,as a condition for participation
in the project and their agreement 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.
17.EQUAL EMPLOYMENT OPPORTUNITY: C.T.MALE ASSOCIATES is committed to equal employment opportunity for all persons regardless of race,color,
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-1
18. 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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