4.09 i'
4.9
SERVICES\CT Male—Bridge NY Grant Application—Luzerne Road Culvert Project-5-3-2021
RESOLUTION AUTHORIZING ENGAGEMENT OF C.T. MALE
ASSOCIATES FOR PREPARATION OF NEW YORK STATE
DEPARTMENT OF TRANSPORTATION BRIDGE NY GRANT FUNDING
APPLICATION—LUZERNE ROAD CULVERT PROJECT
RESOLUTION NO.: ,2021
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, the Queensbury Town Board wishes to engage C.T. Male Associates for
preparation of a 2021 New York State Department of Transportation Bridge NY Grant Funding
Application regarding a culvert replacement project on Luzerne Road at Clendon Brook in the
Town of Queensbury as delineated in C. T. Male's March 31, 2021 Proposal and Contract
Agreement presented at this meeting,
NOW, THEREFORE,BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement
of C.T. Male Associates for preparation of a 2021 New York State Department of Transportation
Bridge NY Grant Funding Application regarding a culvert replacement project on Luzerne Road at
Clendon Brook in the Town of Queensbury as delineated in C. T. Male's March 31, 2021 Proposal
and Contract Agreement substantially in the form presented at this meeting for an amount not to
exceed$3,800, and
BE IT FURTHER,
z+
RESOLVED, that such services shall be paid for from Engineering Account No.: 001-1440-
4720, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute the Contract Agreement substantially in the form presented at this meeting and any other
necessary documentation including a Grant Funding application, and the Town Supervisor, Town
Highway Superintendent and/or Town Budget Officer to take all action necessary to effectuate the
terms of this Resolution.
Duly adopted this P day of May,2021,by the following vote:
AYES
NOES
ABSENT:
i
1
C.T. MALE ASSOCIATES
Engineering,Surveying,Architecture, Landscape Architecture&Geology, D.P.C. (-P�(�®
50 Century Hill Drive, Latham, NY 12110 11n�� LLn��JJ
518.786.7400 FAX 518.786.7299 www.ctmale.com
March 31,2021
Mr. David Duell
Highway Superintendent
Town of Queensbury
742 Bay Road
Queensbury,New York 12804
RE: PROPOSAL
Bridge NY Funding Application Preparation -(Luzerne Road Culvert Project)
Dear Mr. Duell:
C.T. Male Associates Engineering,Surveying,Architecture,Landscape Architecture &Geology,
D.P.C. (C.T.Male)appreciates the opportunity to submit a Proposal to prepare a 2021 Bridge NY
funding application for the culvert replacement project on Luzerne Road(at Clendon Brook). We
also reviewed the culvert on Thunderbird Drive, but we feel Luzerne Road offers the most
competitive application for the Town given the importance of that connector roadway.
As you are aware,C.T. Male has a strong background in development and_engineering support
for preparation of infrastructure funding applications. C:T. Male's diversity of expertise is a key
component of the success we have had for a variety of water, sewer, transportation and similar
types of applications. Our team for this project consists of structural and hydraulic engineers,
environmental scientists, and our in-house community development manager (who.is also a
Queensbury resident). Below we have summarized the anticipated tasks to prepare the Town for
this Bridge NY application.
Task 1:Review Existing Information and Determine Eligibility for Bridge NY:
C.T. Male will conduct a technical review of all available information about various culvert sites
within the Town to verify that the proposed project is eligible for Bridge NY funding in the next
grant cycle (2020-2022) due in May 2021. Resource information may include but not be limited
to existing base mapping, prior design and repair or traffic studies, recent DOT and/or local
inspection reports (if any) and related correspondence, load ratings, and any available
maintenance records. We may also choose to visit the project site(completed on March 18,2021)
to confirm the current condition of the existing culvert and the severity of need for replacement.
Task 2:Prepare and Submit the Bridge NY Application:
Upon Town authorization, we will complete all documentation required for the Bridge NY
Application submission,including detailed cost estimates, project schedule, site location maps,
SEQR/NEPA documentation,compilation of recent inspection reports,a narrative about current
deficiencies and preliminary design plans, response to the DOT pre-review comment form (if
Civil Engineering • Environmental Services • Survey Services • Land Services •Architecture •
Energy&Building Systems Services • Electrical Engineering
e ,
C.T. MALE ASSOCIATES
J
March 31,2021
Mr. David Duell,Higliway Sttperintendettt
Page-2
applicable),evaluation of current right of ways and any need for additional land acquisition,and
a preliminary hydraulic analysis(as applicable to each project). Below is a detailed outline of the
expected information that will be prepared by C.T. Male for the Bridge NY Application.
Project Narratives: We will fill out the Bridge NY Application including project narratives to
convey the Towns need for rehabilitation or replacement and why Bridge NY funding is
necessary to meet that need,to serve residents with a safe and effective 'road and bridge network
that provides critical access to neighborhoods,recreational facilities,jobs,public services,school
buses,municipal facilities,and first responders.
Detailed Cost Estimates and Project Schedules: Includes preparation of a preliminary cost
estimate including design, permitting, right of way acquisition (if applicable), construction,
construction inspection, and contingencies as well as a Project Schedule covering all project
activities immediately following grant award.
Project Location Maw Includes preparation of a GIS-based site location map to pinpoint the
specific project site for the funding application.
Right of Way Information: Includes the review of existing surveys, tax maps, GIS information,
and any other available information to determine if additional right of ways will need to be
acquired for the project site (if applicable).
Inspection Reports/Documentation: Includes the review and compilation of existing inspection
reports and documentation such as plans, drawings, or surveys available for the Luzerne Road
culvert and/or related information such as any recent state, county, or local.traffic studies that
might have involved the project site.
SEQR/NEPA Information: Includes preparation of a preliminary environmental review for the
project site, including at a minimum the short Environmental Assessment Form (EAF) and a
NEPA checklist to identify any potential issues that could be impacted by the project and how to
address those issues when Bridge NY funding is awarded.
Pre-Review Submission: Before the actual Bridge NY application is due, we will complete the
"pre-review' submission to the DOT (by April 14,2021 for culvert projects),if provided enough
time after acceptance of this proposal. The DOT will then provide comments to be considered to
make the proposal stronger prior to its final submission in late May.
Preliminary Hydraulic Analysis: Preparation of a preliminary hydraulic analysis that will
determine if the existing culvert size can pass the applicable design storm events. The hydraulic
inflows will be determined utilizing USGS and/or Army Corp of Engineers software programs
designed for both 50-year and 100-year storm events. These programs are acceptable hydrologic
and hydraulic modeling procedures utilized for both bridge and culvert designs. If a hydraulic
S
V
C.T. MALE ASSOCIATES
Marcli 31,2021
Mr. David Duell,Higlnuay Superintendent
Page-3
analysis cannot be conducted or is not feasible, we will utilize the State's acceptable default
projection of 1.5 for the proposed replacement culvert size.
We have visited two culvert sites within the Town (Thunderbird Drive was the other site), and
we believe Luzerne Road is best suited for Bridge NY funding based on its depressed condition
and frequently repaired guard rails, vulnerability for potential failure, and important location
within the Towns regional transportation system as well as an east-west connector route between
West Mountain Road and Southwestern Avenue, easing traffic congestion on Main Street and
Corinth Road for neighborhoods north of the Exit 18 corridor.
If the Town decides to seek Bridge NY funding, we will prepare the Luzerne Road culvert
application as outlined above, including any additional site visits we feel necessary to assess
current conditions,for a lump sum of$3,800. We would not incur these costs until authorized by
you and/or the Town Board.
We appreciate the opportunity to submit this Proposal and look forward to working with you on
the Luzerne Road culvert project. Should you have any questions regarding our grant-writing or
civil engineering services, please feel free to contact me at(518) 786-7400 or Jake Tennis,Project
Engineer,at(518)469-9834,or through the emails provided below.
Sincerely,
C.T. MALE ASSOCIATES
Jim Thatcher
Manger,Community Development
i.t-ha ther@c t-niale.com
C. Honorable John Strough,Town Supervisor
Barbara Tierney,Town Budget Officer&Supervisor of the Accounting Office
Jacob Tennis,P.E.,C.T.Male Associates,i.tent11S«<'ctinale.cogi
Joe Hyland,C.T. Male Associates
C.T. MALE ASSOCIATES
CONTRACT AGREEMENT
21.xxxx
Project No.:
Agreement made this_th day of 2021, 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 C.T. MALE ASSOCIATES); and the 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: (Define Scope of Services
and Schedule of Performance)
Prepare and submit a funding application to the NYS Department of Transportation for federal and/or state transportation funding to be
made available under the 2020-2022 Bridge NY Program to facilitate the design and replacement of the Luzerne Road culvert (at
Clendon Brook)within the Town.
Services include coordination and submission of all application questionnaires,narratives,forms,maps,exhibits and attachments prior to
the NYS-DOT submission deadline on May 19,2021,as described in a Letter Proposal dated March 31,2021.
B. CLIENT agrees to pay C.T.MALE ASSOCIATES as compensation for services as follows:
Lump Sum of$3,800 for the single(1)culvert application,including all expenses.
C. CLIENT shall furnish the following:
Not applicable.
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&
Supervisor John Strough GEOLOGY,D.P.C.
50 Century Hill Drive
742 Bay Road Latham,NY 12110
Queensbury,NY 12804
Phone: (518)786-7400
(Authorized Signature/Date) Jim Thatcher March 31,2021
Title: Title: Manager,Community Development
Page I of 4/l/2021
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: Either party to this Agreement may terminate upon mutual agreement, in writing to the other party. Further, this Agreement may be
terminated without cause upon thirty(30)days written notice to the other party that the cancelling party no longer desires to be in this Agreement. 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. REPLACEMENT OF SURVEY STAKES: C.T. MALE ASSOCIATES, if included in Paragraph A of the Agreement,will provide necessary construction
stakes. In instances where it is determined that negligence on the part of the CLIENT or others results in the need for restaking,the cost of such restaking 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 CLIENT'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 area(s)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 contractors 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 contractors work,but does not include
any superintending, supervision,or direction of the actual work of the contractor or the contractors 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 forjob 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. 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.
15. CONTROLLING LAWS: This Agreement is to be governed by the laws of the State of New York.
16. 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.
17. 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.
18.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
Page 2 of 3 4/l/2021
A
C.T. MALE ASSOCIATES
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.
19.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.
20. 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.
Equal Employment Opportunity: C.T. MALE ASSOCIATES shall comply with the applicable provisions of Executive Order 11246, entitled "Equal
Opportunity",as amended by Executive Order 11375,and as supplemented in U.S.Department of Labor regulations(41 CFR Part 60).
Books and Records: C.T.MALE ASSOCIATES shall maintain accurate records for all work performed under this Agreement. The Town of Queensbury,
New York State, and any of their authorized representatives, shall have access to those records for the purpose of making audit, examination, excerpts, and
transcriptions. Said examination of records shall take place in the Latham office of C.T.MALE ASSOCIATES. C.T.MALE ASSOCIATES shall maintain all required
records for three years after final payment is received and all other pending matters are closed.
Grant Documents: All materials and documents created for this project shall become the property of the Town of Queensbury and can be used by
the Town throughout the term of the grant and after the grant is over or in the event of any termination of the grant,provided that the Town will use said documents and
materials solely for this grant that is the subject of this Agreement.Upon any termination or at the end of the grant,the Town shall have the exclusive right to request
copies of all documents from C.T.MALE ASSOCIATES and shall have use over any and all documents created for the grant or used during the grant,again,provided
that the Town will use said documents and materials solely for this grant that is the subject of this Agreement.No such materials created for the use of this grant on
behalf of the Town of Queensbury shall be considered proprietary material.
Page 3 of 3 4/1/2021