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2022 ORGAN IZATIONAUCT Male—General Engineering Services
RESOLUTION AUTHORIZING ENGAGEMENT OF
C.T. MALE ASSOCIATES FOR PROVISION OF GENERAL
ENGINEERING SERVICES TO TOWN OF QUEENSBURY
RESOLUTION NO.: ,2022
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 2022 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 12/15/2021 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
2022 on an as-needed basis as set forth in C. T. Male Associate's Contract Agreement dated
12/15/2021 presented at this meeting, and
BE IT FURTHER,
i
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 3`d day of January,2022, by the following vote:
AYES
NOES
ABSENT:
C.T. MALE ASSOCIATES
CONTRACT AGREEMENT
Project No.:
Agreement made this_ day of January, 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 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:
C.T.MALE ASSOCIATES will perform General Engineering Services on an as-needed basis for the calendar year 2021.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 survey and design services for utility,stormwater and building related projects
• Conduct environmental services related to ACM, lead 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 for housing and infrastructure related projects.
B. C.T.MALE ASSOCIATES will offer the following rates as needed to perform the tasks described above:
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 attorney'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 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&
GEOLOGY,D.P.C.
742 Bay Road 50 Century Hill Drive
Queensbury,NY 12804 Latham,NY 12110
Phone: (518)761-8229 Phone: (518)786-7400
Email: gbysupervisor@queensbury.net Fax: (518)786-7299
By: B 12/15/2021
(Authorized Signature) (Date) (Date)
Name: John Strough CNmjeames R.Edwards,P.E.
Title: Town Supervisor Title: VP of Risk Management
Page 1 of 3 12/15/2021
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 OPINIONS: 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 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 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,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 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.
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 shall
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 party 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 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,casts,fines,or other liability are caused by C.T.MALE ASSOCIATES'negligence or willful misconduct.
16. 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
Page 2 of 3 12/15/2021
C.T. MALE ASSOCIATES
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 responsible for any loss,damage or liability beyond the amounts,limits and conditions of such insurance.
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 on behalf of CLIENT,which differs from or exceeds the scope of services contracted
for,CLIENT hereby agrees to indemnify and hold C.T.MALE ASSOCIATES harmless from any liability arising from or resulting from such statement or certificate.
19. 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.
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 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.
21.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.
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
2022 Hourly Rate Table
TITLE RATE
Civil Field Technician...............................................$88.00/hour
Civil Engineer............................................................$90.00/hour
Civil Project Manager..............................$135.00 -150.00/hour
Intern Architect.......................................................$110.00/hour
Architect...................................................................$150.00/hour
Environmental Scientist............................$95.00-110.00/hour
Environmental Project Manager............$150.00-195.00/hour
Code Enforcement Officer.....................................$188.00/hour
Mechanical Engineer..............................................$175.00/hour
Grants Project Manager..........................................$158.00/hour
Landscape Architect...............................................$160.00/hour
Licensed Surveyor...................................................$125.00/hour
QA/QC Manager....................................................$198.00/hour
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