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HomeMy WebLinkAboutDvirka & Bartilucci EnginA~CORD,,. HIJBB[NETTb-COWELL ASSOCIATES INC. 1003 PARK BLVD., SUITE 3 MASSAPEr).~A PARK N',' 1 ~ t62 CERTIFICATE OF LIABILITY INSURANCE I .*,E,',M,..*.*,,06/~4,,2004 516-795-1330 THIS [~ERTIFIGATE IS ISGUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIF[CATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE D'vlRKA & BART]LUCCI CONSULTING ENG~NEEP, S 'L4t) CROSSWAYS PARK DRIVE WOODBURY, NY 11797 COVERAGES PROFESSIONAL LIABILITY ,AAE8220857 06¢21!04 U6¢21 ~©5 $b,006,000 PER CLAIM CORO C IF OF LIABILITY INSU N,C ~.~:;mil:.-.; ~ THIS CERTIFICATE IS IssUED AS A MA'rFER OF INFORMATION The ~r. erisc Corporation ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Construction Services 2001 16arcus Avenue, Ste.W288 Lake!~uccessNY 1~042 Phone: 516-354-4500 Fax:516,354-4470 ~SURSD Ter=~Co~ractin~D/(aterials,Inc 840 Wes~ Ma~n S~reet R~v~rhe~dNY 11901 coVERAGES ,.SURE.B COVE ?E ]NSURERA: New York Marzne 'NSURE~B= Ohio c~1~ ,NSURE, C: ~e=c~=~ ~[ !~surance~023329 ~REURERD: HartfO~ Ins=rance CO I [NSURERE: AIU InsUranCe Co. J 267 THE }~OL ~ClES OF INSURANCF~ LISTED BELOW HAVE [~EEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PEPJOD INDICATED. NOTWITHSTANDING ANY F~EQUIREMENT, ~TERM,OR CONDITION 0[7 ANY cgNTRAGT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY SE iSSUED OR MAY pER~TAIN. THE II~URANCE AFFORDED SYTH~ LlClES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POEICIE~.'AGG REGATE LIMITS SHOWN MAY [~IAVS ~[~EN REDUCED BY PAID CLAIMS. 'Jrf.: ~,%11.1",~ LI."' 1~ 000, 000 COMMERCIALGENERALLIABILITY TBD 07/31/03 07/31/04 $ 50, go0 GENT AGGREGATE LIN T APPLIES PER: PRO- JECT AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS - - NON-OWNED AUTOS GARAGE LIABILITY ANYAUTO CAP9117499 EX052869240-02 )1-09 07/31/03 07/31/03 12/28/02 o7/31/o4 07/31/04 12/28/03 EXCESS/UMBRELLA LIABILITY DEDUCTIBLE RETENTION $10, 0 NAND EMPLOYERS' LIABILITY ANY PROP RIETO R/PARTN EPJEXECUTIVE OFF[CEPJMEMBER EXCLUDED? SPECIAL PROVISIONS below OTHER Equipment Floater 01MSGB1937 07/31/03 07/31/04 ALL RISK DESCRIPTION OF OPE~ONS / LOCATIONS / ~CL~ ! ~CLUS[ONS ADDED BY ENDORSEMENT I SPECIAL PRI ~VISIO NS Project:Southold Landfill Closure Contract No. 2000-County Road 48 & Zach's Lane, Cu~chogue, NY 11935. Certificate Holder & Dvirka & Bartilucci are included as Additional Insured. Certificate Holder & Dvirka & Bartilucci are the Named Insureds as respects to the Owners & Contractors Protective Liabilit~ policy only if required by a written contract or agreement. CERTIFICATEHOLDER CANCELLATION $1,0009000 $2,000,000 $1,000,000 1,000,000 $5,000,000 $5,000,000 $1,000,000 si,000,000 $1,000,000 SCHEDULED TOWN OF SOUTHOLD TOWN HALL 53095 ROUTE 25 SOUTHOLD NY 11971 TOWNOFS RECEIVED 2003 SHOULD ANY OF THE ABOV~ DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRAT]ON DATE THEREOF, THE E.~SUING INSURER WILL ENDEAVOR TE MAIL 30 DAYS WPJTTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FA[LURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ~TS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE VP THE AMERISC CORP ACORD 25 (2001/08) © ACORD CORPORATION 1988 $oufhold Town Clerk IMPORTANT f the certificate hotder s an ADD['rlONAL NSURED the po cy(es) must be endorsed: A statement on this certifiCate do~ not confer rights to the certificate holder in lieu of S~ch endorSement(s)~ If SUBROGATION iS WAIVED, Subject to the terms and conditions of the policy, certain~policies may requ re an endersem~n~ A ,~tatement On th s ced ficate does not 'odnfer rights to the ce~lficate holder n.l!eu of suchiendors~ement(s); DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmat rely or negatively amend; extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001!08) ACORD CERTIFICATE OF LIABILITY INSURANCE 06/02,2003 iJ..-;=~.NEI :P.-CO'.'.E. .:,SS~',"C.,& '£S NC. 1003 PARK BLVD., SUITE :5 MASSAPEQUA PARK, NY 11762 DV RKA ,& BARTILUCCI :~- · '~, ~. ..... THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION I ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR I ALTER THE COVERAGE AFFORDED BY THE BELOW. P. OLICIES INSURER~E: 'NAIC # INSURERS AFFORDING COVERAGE ,NSURE~A: CONTINENTAL CASUALTY COMPANY INSURED CONSULTING ENGINEERS i~RpsSM/AYS PARK :3RIVE 33O WOODBURY. NY' 11797 COVERAGES CJ~M~E"ClA~ EN E RAL UABI LITY [ GEN'L AGGREGATE LIMIT APPLIES PER LOC AUTOMOBILE L~IABIUTY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRBD AUTOS NON,OWNED AUTOS ~N HAVE BEEN SSUED TO TH E INSURED N~MED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING '. OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH HAVE BEEN REDUCED BY PAID CLAIMS. GARAGE UA BILITY ANY AUTO COMBINED SINGLE UMIT (Ea accident} BODILY INJURY (Per person DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND BODILY INJURY (Per accident) PRO PERTY DAMAGE (Per aCCident) AUTO ONLY ~ EA ACCIDENT OTHERTHAN EAACC AUTO ONLY: AGG EACH OCCURRENCE AGGREGATE E.L EACH ACCIDENT E.L B[SEASE ~ EA EMPLOYEE $ E.g DISEASE POLICY UMI~ $ A I PROFESSIONAL LIABILITY AAE8220857 06/21/03 06/21/04 $5.000.000 PER CLAIM ~ l $7,5.000 SELF INSURED RETENTION PER CLAIM INCLUDING CLAIM EXP. $5.000.090 AGGREGATE THE POLICY PROVIDES CONTRACTUAL LIABILITY COVERAGE FOR THE LIABILITY OF OTHERS WHICh THE INSURED ASSUMES JNDER A WRITTEN CONTRACT PROVIDED SUCH LIABILITY IS CAUSED BY THE ]NSURED'S NEGLIGENT ACT, ERROR OR DMMISSION. CERTIFICATE HOLDER CANCELLATION DATE THEREOF, THE ,~SUING INSURER WILL ENDEAVOR TO MAI 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT I AJLURE TO DO $O $NALL TOWN OF SOUTHOLD 53095 MAIN STREET IMPOSE NO O/]LIG/I II~ OR LIABILIT~ OF ANYj~KIND UPON~i~THE ] ISU RER, ITS AGENTS OR SOUTHO_LD, NY 11971 REPRESENTATIVES ~ IV~ /~CORD 25 (2001108) ' AGORD C IRPORATION 1988 DVIRKA AND BARTILUCCI CONSULTING ENGINEERS 330 Crossways Park Drive, Woodbury, New York, 11797-2015 516-364-9890 · 718-460-3634 , Fax: 516-364-9045 MAR 2 0 2003 March 18, 2003 Town':of Southo d 53095 Main Street :Southold, NY 1 ~[971 Owners & Contractors Protective Liabi~lity Insurance Policy Number 12 UEN CY1757 Dear Sir/Madam, Enclosed is the renewed Owners and Contractors Protective Liability policy for the period January 29, 2003 through January 29, 2004. If you have any questions, I may be reached at 516-364-9890. Very truly yours, Richard Hass Controller Insurance Police placed in safe in Town Clerk's Office (upstairs) A DIVISION OF WILLIAM F. COSULICH ASSOCIATES. RC. 1003 Park Boulevard, Suite 3, Massapeqba Park New¥ork 11762-2777 Insurance and Financial Services Tel: (5161 795-1330 · Fax: (516) 795-5101 Emait: info @ hubbinette-cowelLcom December 17, 2002 Town of Southold 53095 Main Street Southold, NY 11971 Dvirka & Bartilucci Consulting Engineers Certificate of Insurance Lhndfill Closure Design :RECEIVED DEC 2 3 2002_ To Whom It May Concern: Enclosed please find your copy of the renewal certificate of insurance issued for our daptioned insured for the policy period of January 1, 2003 to January 1, 2004. Should you have any questions, please feel free to contact our office. Sincerely, Loretta Salerno LS/rc Enc. cc: Richard Hass D&B Job #1314 ACORD,. CERTIFICATE OF LIABILITY INSURANCE PRODUCER HUBBIN~- ~ ~ E-COWELL ASSOCIATES INC. 1003 PARK BLVD,, SUITE 3 MASSAPEQUA PARK~ NY 11762 DVI'RKA & BARTILUCCt CONSULTING EN~IN EEP, S 3G CROSSWAYS PARK DRIVE WOODBURY, NY' t$797 DATE MMIDEJYYYY) 't~:~'~ t12002 516-795-i3~0 ~ THiS GERT F CATE B ISSUED AS A MATTER OF INFORMATION ONLY~AI~D CONFERS NO RGHTS UPON THE CERTIFCATE HOLDER. THIS~ CERTIFICATE DOES NOT AMEND,'EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES' BELOW. INSURERS AFFORDING COVERAGE !NSUR~R A: HARTFORD, FIRE.INSURANCE ,NSU.~EB: NATiON. AL SUR,E ,-'i~ QORP. ,USU~E~ C~ PAUL R~ME~'LIFE ]NSU~NCE r~AIC # NERAL LIABILITY ED TO THE INSURED ~AMED ABOVE FOR THE POLICY PER]OD INDICATED. NOTWITHSTANDING OTHER DO~t~V~ENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR EIN I¢SUBJECT TO ALL THE TERMS, EXCLUSIONS AND COND'ITIONS OF SUCH 12UUNUI2/53 12UENCL8411 '. . ,0001000 01/01/2003 011Q,112004PREMISES MED EXP (~one peso.) GENE~A~AGGe~GAT~ * 2:0002000 COMBINED S~NG~ELIM[T 1 00'0,000 01/01/2003 01t01/2004 OCCUR [~ CLAIMS MADE XEK00068505676 01/01/2003 01101/2004 DEDUCTIBLE =ETENTION $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY ~2WEGV6545 01/01/2003 01/01/2004 ANy PROPRIETOR/pARTNER/EXECUTIVE ~ FFiCE R~IE MBE R EXCLUDE D? OTHER C N¥S DISABILITY 91233 07/01196 UNTIL CANCELLED DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES I EXCLUSIONS A DDEO BY ENDORSEMENT / SPECIAL PROVISIONS PROOF OF INSURANCE. CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED. BODILY INJURY (P er accidsnt} PpRe r O aPcEc~RdTeY~ t~ A M A G E A~GREGATE : 5,000,000 I 5,000.000 TORY LIMITS E.L EACH ACCIDEN*I ~ 100.000 E.L DISE ASE , PO LICY LIMIT ~ 100,000 STATUTORY LIMITS CERTIFICATE HOLDER CANCELLATION TOWN OF SOUTHOLD 53095 MAIN STREET SOUTHOLD. NY 11971 ACORD 25 (2001/08) DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 NOTICE TO THE CERTIFtCATE HOLDER NAMED TO THE LEFT, BUT FAII=URE TO IMPOSE NO ~ 'D. " OP ~D R DATE(MM/DD/YY) OR: ,. CERTIFICATE OF LIABILITY INSURANC _i o ,ol/o2 J PRODUCER THiS CERq]FICATE IS ISSUED AS A MATTER OF INFORMATION IThe A~erisc Corporation ONLY AND CONFERS NO RIGHTS UPON THE CER]~EICATE ~ Construction Se=vices ! HOLDEP~ THIS CERTIFICATE DOES ~4OT AMER,~.i~t~ND OR ~2001 ~cus Avenue· Ste.W288 ALTERTHE COVE~GEAFFOR~D BYTHE POLICI~BELOW. ILake Success ~ 11042 Phone:516-354-4500 Fax:516-354-4470 INSURED Ter~Contractin~&H~eriels,Ine 840 Wes% Main Street Ri~rhe&dN~ 11901 COVERAGES INSURERS AFFORDING COVERAGE ~BURERA: United National Insurance Co. INSU~RB: Ohio Casualty Ins. Co. ]NSURERC: M~-~cha/ltS Mutual Insurance Co. ~NSURSRD: }{artfo=d Insurance Co THE POMCIES OF !~SUF~NCE LISTED BELOW H~VE BEEN ~SUED TO ~HE INSURE~ NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTW~HSTAND1NG ANY REQUIREMENT, TER~ O~ CONDITION OF ANY CONTRACT OR OT~ER OOCUM ~ENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE iSSUED OR MAY PERTAIN, TH~INS~RANCE AFFORDED BY TRE PO LI~ES DESCRIBED HEREIN ~,S SU~J ECT TO ALL THE TERMS, EXCLUSIONS AMS CONDITIONS OF SUCH A ~COMME~CIALGEN~RALEIABILITY L7152020 07/31/02 07/31/03 FIREDAMAGE(Any0nefim) $50,000 GENERAL L[A~IT¥ / EACH OCCURRENCE $ 1· 000· 000 _~-CLAIMSMADE ~OCCUR I ' MEDEXP Anyonepers0n $5·~00 LI . PERBO.AL IN R · I ~ENEP~LAaaRESATa S 2 · 000' fO O0 GEN'L AGdR~GATE LIMIT APPLIES PER: PRODUCTS - CO.PlOP AGG $ lxQO0· OOO C IX ANYAUTO CAP9117499 07/31/02 07/31/03 ](~a~id,nt) ~,~,~ EES UAaJ~TY [ ~CH OCCURR~CE S 10,000,000 ~ ~ occ~ ~ 10,000,000 RETENTION $ 10, 000 E.L. EACH ACCIDENT $ i ~ 000 ~ 000 ~ EMPLOYERS'LIABILIW WC674-91-09 12/28/01 12/28/02 E.L.D[SEASE-EAEMPLOYE~ $ ~000~000 E.L. D~SEASE D E~ip~ent Floater 01MSGB1937 07/31/02 07/31/03 ~L RISK SC~[DUL[D Project: Sou~old L~ill Closure -- Contract No. 2000 -Coun~ Road 48 Za~'s Lane, Cutcho~e, ~ 11935[[-- Certificate Holder & Dvirka & Bartilucci are included as Ad~onal Insured AT~ - Certificate Holder & Dvirka & ~a=tilucci are the N~ed I~sured~ as respects t0 the O~ers & Contractors Protective Li~lity policy - ATI~ oaly if re,ired by a ~ritten contract. CERTIFICATE HOLDER y ~ ADDmO~INSU~D;]NSURERL~ER: A CANCELLATION [ ~O~OFS SHOULD ANY OF THE ABOVE D~C~BED POLICIES BE CANCELLED ~ORE THE ~PI~O[ · O~ ~ IMPOSE NO OBLIGAT ~ OR L~B[L ~ OF ANY KIND UPON THE ~NSURE~ iTS AGENTS OR 53095 ROUTE 25 SOUTHOLD }~ 11971 REPRESENTATIVES. ACORD 25~S (7~97) ©ACORD CORPORATION 1988 IMPORTANT if the certi~cate h(~[der is an ADDIT!OI~IAL INSURED, the policy0es) must be endomed. A statement on ~h[s certific~e does not cbnfer dghtl to the certificate holder in lieu of such endomement(s). if SUi~ROGATiON IS WAIVED; subje~ to the terms and condiUons of the policy, certain poUcies may require an ertdorsement..~ statement o~n,~[s certificate does not confer dghts to the certificate holder in lie,',, of Such endorsement(s). DISCLAIMER The Ce~fl~ate of insurance on the re'~eme side of this form does not constitute a contract between the issaing insurer(s), authorized rep~eutative or producer, and the certificate holder, nor does it affirmatively or neg.~fivelv amend, extahd or alter the coverage afforded by the policies listed thereon. I ACORD 25-S (7/97) A 'ORD. HUBBINt::: 1 I E-COWELL ASSOCIATES INC. 1003 PARK BLVD., SUITE 3 MA~SSAP£QUA PARK. NY 11762 C ERTl F ICA T E O'F L IA BI LITY i N S UPA N C E 516-795-1330 I THIS ICERTIFICATE IS ISSUED AS A MATTER OF INFORMATION I ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, [N~J RED 'DVlRKA & BARTILUCCI CONSULTING ENGINEERS ~0 CROSSWAYS PARK DRIVE ~ODBURY. NY 11797 INSURERS AFFORDING COVERAGE ~NSURERA: CONTINENTAL CASUALTY COMPANY ~NSURER INSURE~ 0; INSURER COVERAGES THE POLtCiES~O~= INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUI,~f~T, TERM'.~,O.R CO¢4DITIOi~ OF ANY CONTRACT OR OTHER DOOUMENT ~ITH RESPE~ TO ~[CH THIS CERTIFIOATE MAY BE iSSUED OR MAY PERT~I~J~HEiN~U~CE~FF~R~¢D BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. ~CLUSIONS AND CONDITIONS OF SUCH ¢OLICIES~ ~E LI~I~ SH O~MA~HAVE B~ REDUCED BY PAID CLA1M~ LTR . ~F ~N~ . I POLe&NUMBER DA~E~UIDD~ DAT~ MM OD YY / GEN'L AGGt~EGATE LIMIT APPLIES PER: AUTOMOBIL~ LIABILII¥ ANy AUTO ~ SCHEDULED AUTOS HI~E~ AUTO~ GARAGE LIABILITY ANY AUTO - EXCESS UABILI?Y DCCUR ~ CLAIMS MADE DEDUCTLBLE ~ETENTION S WORKERS COMPENSATION AND EMPLOYERS~ LIABILITY PRODUCTS-$OMP~PAGG $ ~?F~)~F ESSIONAL LIABIUTY $75.000 SELF INSURED AAE8220857 06/21/02 RETENTION PER CLAIM INCLUDING 06/21/03 CLAIM EXP. EL. EACH ACCIDENT $5,000,000 PER CLAIM $5.000.000 AGGREGATE DESCRIPTION OF OPERA~ION S/LOCATION SAtEH]CLE$1EXCLUSlON S ADDED BY EN DORSlEMENT/~PEClA L PROVISIONS THE POUGY PROVIDES CONTRACTUAL LIABILITY COVERAGE FOR THE LIABILITY OF OTHERS WHICH THE INSURED ASSUMES UNDER A WRITTEN CONTRACT PROVIDED SUCH LIABILITY IS CAUSED BY THE INSURED'S NEGLIGENT ACT. ERROR OR OMM]SS]ON. CERTIFICATE HO LDER ADDI31ONAL iNSURED; INSURER LE~ER: CA NCELLATION ~ SHOULD ANY OF TH E ABOVE DESCRIBED POLICIES lEE CANCELLED BEFORE TH E EXPIRATION DATE THEREOF THE ISSU 30 ................................. , lNG JNEU.RE~, ~ILL ENDT~V~I~ _T~ M~:IL DA r~ TOWN OF SOUTHOLD NOTICE TO THE CERTIFICATE HOLDER ~AMED TO THE LEFT. ~ -- -- . ' r BUT~:/MLURETO OSOSHALL ~ 53095 MAIN STREET IMPOSE NO OBLIGATION OR L]A I1~¥ OF ANY KIND UPON THE INSURER, I~ ~ AGENTS OR ) · :SOUTHOLD, NY 11971 REPRESENTA~VES. ~ . AUTHORIZED REPRESENTATIVE ACORD 25-S (7197} ~ 6 ACORD CORPOR/~TION 1988 ELIZABETtt A. NEVILLE TOWN CLERK REGISTRAR OF VI~AL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER ~REEDOM OF INFOE/VIATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hail 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (6~1) 765~1800 THI~, FOLLOWING RESOLUTION WAS ADOPTED AT ON DECEMBER 12, 2000: WHEREAS, pursuant to their performance under the terms of its contract agreemeni with the Town of Southold to provide the Town with landfill closure engineering and oversight services, it has become necessary for Dvirka and Bartilucci Consulting Engineers to conduct activities not described in the original contract tasks; and WltEREAS more such activities may need to be conducted in the future; and WHEREAS the work of Town Forces has required less oversight than expected and the work on design specifications may exceed expectations, therefore be it, RESOLVED that the TOwn Board o£the Town of Southold hereby amends the landfill closure engineenng and construction oversight services Agreement between Dvirka and Bartilucci Consulting Engjneer~ and the Town of Southold to establish an "Add/tional Services" task item and to cap such task item at a monetary level of $50,000, and be it further RESOLVED that the Agreement be adjusted to lower the "Interim Inspection Services" task limit by $6,000 and to raise the "Plans and Specifications" task limit by $6,000. Elizabeth A. Neville Southold Town Clerk AGREEMENTADDENDUM SOUTHOLD LANDFILL CLOSURE ENGINEERiNG DESIG~N AND CONSTRUCTION OBSERVATION SERVICES SCOPE OF ADDITIONAL WORK The services described in this Agreement Addendum shall be in accordance with the pro~sions of the Agreement~ between the Town of Southold and Dvirka and Bartilueci Consulting Engineer~, dated March 3, 1999, and this Addendum shall be made as part ~>f the Agreement following adoption of a resolution by the Town Board, This Agreement Addendnm modifies onl~v those terms described herein and all other terms and conditions are in full force and effect. The following is the scope of additional services and cost required for preparation of the engineering design for closure of the Southold Landfill. The scope of additional work resulted from modifications and additions to the NYSDEC approved Closure Plan which were not pan of the original scope of work as contained in the March 3, 1999, Agreement. Task 2 - Preparation of Closure Plans and Specifications i. Coordination with LIPA, KeySpan and the Town regarding relocation of $ 9,000 power lines and towers, and preparation of drawings and specifications for relocation of new towers 2. Sampling and testing of glass sand at the landfill as required by NYSDEC 3. Continuing services in connection with securing and evaluating altemate materials for filling the [former scavenger waste lagoons and contour grading material for cap c0nstmction 4. Evaluation of existing soil cover thickness to determine the need for adtht~onal dmly soil cover, and odor control measures during regrading of the landfill 5. Relocation and reconstruction of the fire department siren and nonpotable water supply well 7,200 4,000 6,600 6,400 C, 1314/TI 108902(tl.02) 1 Design of a storm water management system to mitigate flooding in the area of the scale house and provide for adequate drainage for the area of the collection center PreqU~ification Xesting of stockpiled golf course material (See Attachmem 1 from Tectonic Engi~ne~ring Consuttsnts - includes $1,000 for D&B administration and oversight) 8. Preliminary design of ~landfill compost pad and preparation of a construction cost estimate 10 Preparation of speci~cafi?S for removing material from the borrow pit, including meeting with NYSDEC and preparation ora final grading Plan for the borrow pit Prequaliflcation testing o~' borrow pit material (See Attachment 2 from Tectonic Engineering Con~ultants) TOTAL INCREASE IN BUDGET TASK 2 - PREPARATION OF CLOSURE PLANS AND SPECIFICATIONS 4,400 17,900 8,800 17,400 17,200 $98,900 Direct Salary Indirect Cost and Profit TOTAL LABOR SUBCONTRACTORS Tectonic Engineenng Onsultants SUBTOTAL SUBCONTRACTORS EXPENSES Mileage Special Mail Outside Reproductions SUBTOTAL EXPENSES TOTAL TASK 2 TOTAL CONTRACT Thomas F. Maher, P.E., Vice Pt'esident Dvirka and Bartilucci Consulting Engineers Original Contract $ 41,280 76,368 $117,648 Addendum $22,758 42,102 $64,860 $0 $34,040 $0 $34,040 $ 200 400 2,000 $2,600 $120,248 $593,868 $0 0 O $0 $98,900 $692,768 Jear~. C6chran, Supervisor Town of Southold 01314FFI I08902(11.02) 2 ELIZABETH A. NEVrLLE TOWN CLERK REGtSTP~AR OF VITAL STATISTICS MARRIAGE OFFICER RECOI~DS MANAGEMENT OFFICER~ FREEUOM OF ~NFORMATION OFFICER Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 l~ax (516 765-1823 Telephone ~5~_6) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTttOLD December 22, 1999 Thomas F. ~aher, P.E. Vice-President Dvirka and Bartiluccl Consulting Engineers 330 Crossways Park Drive Wooc~bury, New York 11797-2015 Dear Mr. Maher: Enclosed is your copy of the ful y executed revised Agreement Addendum for the Southold Landfill Closure Engineering Design and Construction Observatk~n Services for your records. Thank you. Very truly yours, Elizabeth A. Neville Southold Town C~erk Enclosure Dvirka and, . 330 Crossways=Park Drive, Woodbury, New York, 11797-2015 516-364-9890 ' 718-460-3634 · F~x: 516-364-9045 e-mail: db-eng@worldnet.att.net December 15, 1999 Gregory F. Yakaboski, Esq. Town Attorney Town of Southold 53095 Main Road P.O. Box 1179 Southold, NY 11971 Re:¸ Southold Landfill Closm'e D&B No. 1314 Dear Greg: In accordance with your memorandum dated December 9, 1999, please fmd enclosed two copies of the revised Agreement Addendum, which I have signed. After the Supervisor executes the Addendum, .please return one copy to me. Very truly yours, Thomas F. Maher, P.E. Vice President TFIWtam EnclosUres cc: Mary Wilson, Esq., Assistant Town Attorney James Bunchuck, Solid Waste Coordinator o 1314 TFM99-S3.Ltr A DIVISION OF WILLIAM F. COSULICH ASSOCIATES, P.O. ~I.~OlD u~o~ ploq~nos OI~.AO k! 'V q~toqg~lM~ oql pm~ pmoodxo um¢ lq~s~o~o, sso! po~nbo:r, suq soo:~o~i u~o& 3o :f~o~ oql ptm '.omnrg oql m polonpuoo .oq ol poou Xum sotBABou qons ~aou~ p .s~Isml m~,nuoo l~U~.Uo *ql m. poq.uosop ~oa lonpuoo ol s-roou.~uH ~u~lnsaoo !ooni.t!.refl pu~ m[:q.A0 ;[oj ~ussoo,u omoooq s~q 1~. 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IAI g60gg Ploqmosjo u~oL /[ort~onv ratio& · bs~t 'plsoq~>Fe.x_ 'ti. Kto~oJO 6661 '5 [ -toqtuoooO leu'll~ 3ouppo/v,~l~uo-qp :l!eUJ-O S'e06"ff9S-9!.~ :xa..I · fflg98-09~-gtZ · 06~6"~'98-9[9 MeN '/~nqpooM 'OA.UC] ){a~d sA~/v, ssoao 0SS / / ELIZABETH A. NEVII,I,F, TOWN CLERK REGISTRAR OF VITAL STATISTiCS MARRIAGE OFFICF-~R RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall. 53095 Main Road P.O. Box 1179 Southo]d. New York 11971 Fax (516) 765-1823 Telephone (516] 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD HELD ON MARCH 2. 1999: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs. Supervisor Jean W. Cochran to execute an agreement with Dvirka F~ Bartilucci Consulting Engineers to provide professional engineering ser¥'lces required to implement closure of the Southold Landfill. Southold Town Clerk March 2, 1999 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VIT-~-L STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT 'OFFICER FREEDOM OF INFORMATION OFFICER Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (5161 765-1823 Telephone (516) 765-1800 OFFICE OF ~ TOWN CLERK TOWN OF SOUTYIOLD THIS IS TO CERTIF~Y THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A REGUI~AR MEETING OF THE SOUTHOLD TOWN BOARD HELD ON JANUARY 5, 1999: RESOLVED that the Town Board of the Town of Southold h&feby authorizes Dvirka S Bartilucci Consulting Engineers to provide the following services with regard to the landfill cap, retroactive to October 8. 1998: (1) Compaction testing of glass sand for the landfill cap; (2) Research the availability of additional sources of cover materials for use in the cap, and to assess the feasibility of using such materials; (3) Develop and test a blend of Town-produced compost and sand for use as final, topsoil cover capable of supporting growth of grass and shallow rooted plants, at a combined cost not to exceed $17,000.00, such funds to be taken from the landfill closure bond. Southold Town Clerk January 5, 1999 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER · RECORDS MANAGEMENTOFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold~ New York 11971 Fax [516 ~ 765- 1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTItOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A REGU ~L~R MEETING OF THE 50UTHOLD TOWN BOARD HELD ON 'MARCH 2. 1999: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs. Supervisor Jean W. Cochran to execute an agreement with Dvirka g Bartilucc| Consulting Engineers to provide professional engineering services required to implement closure of the Southold Landfill. Southold Town Clerk March 2. 1999 AGREEMENT BETWEEN DVIRKA AND ~BARTILUCCI CONSULTING ENGINEERS (A DIVISION OF WILLIAM F. COSULICH ASSOCIATES, P.C.) AND TOWN OF SOUTHOLD, NEW YORK THIS AGREEMENT, made this ~ day of Mardt , 1999, by and among DVIRKA AND BARTILUCCI CONSULTING ENGINEERS, A DMSION OF WILLIAM F. COSULICH ASSOCIATES, P.C., having its principal place of business at 330 Crossways Park Drive, Woodbury, New York 11797, hereinafter called the "ENGINEER" and TOWN OF SOUTHOLD. having its principal place of business at 53095 Main Road, Southold, New York 11971, hereinafter called the "OWNER." WITNESSETH: WHEREAS, the OWNER has legal responsibility to comply with various federal and state environmental statutes and regulations; and WHEREAS, the OWNER desires [o employ the ENGINEER to render professional engineering services related to its compliance with certain environmental statutes and regulations and related work for its facility; and WHEREAS, the ENGINEER~has the expertise and has a thorough knowledge of the performance of such professional engineering services and is qualified to render such professional services; and o1314fr0506801(R05) 1 WItEREAS, the ENGINEER is willing to provide these services for the consideration and upon the terms hereinafter stated. NOW, TltEREFORE, in consideration of these prenuses and of the mutual covenants herein set forth, the parties hereto agree as follow~: SECTION I BASIC SERVICES OF TIlE ENGINEER 1.1 The services to be performed under THIS AGREEMENT are to provide engineering design and construction observation services required to implement closure of the Southold Landfill in accordance with the New York State Department of Environmental Conservation (NYSDEC) Part 360 regulations and any and all additional pertinent regulations and/or laws. These services include the fQltowing: · Preparation of a Final Closure Plan/Engineering Design Report; · Preparation of design plans and specifications, contract document and detailed construction cost estimate; Provision of assistance to the Town, including implementation of the State's Minority and Women's Business Enterprise (M/WBE) requirements, during the bidding and construction contractor selectionprocess; Provision of full-time co~struction observation and construction quality assurance Observation and monitoring, including materials testing, assuming a 9-month construction period; · Preparation of a Construction Certification Report documenting construction procedures and testing results; · Preparation of a Post-Closure Monitoring and Maintenance Manual; and · Attendance at meetings with the Town, NYSDEC and the conslruction contractor. ~1314/T0506801(R05) 2 1.2 The scope and budget for specific services to be provided to the OWNER by the ENGINEER are fully described in the Schedule(s) attached to and made pan of THIS AGREEMENT. SECTION II TIME SCHEDULE 2.1 The. ENGINEER shall commence the performance of the .services as described in Section 1 of THIS AGREEMENI' upon receipt of written authorization from the OWNER 2.2 The ENGINEER recognizes that the services under THIS AGREEMENT are to be performed in character, seqcence and timing so that they will be coordinated with the requirements of the OWNER. The specific schedule for each assignment made under this contract, shall be stipulated in the scope of work and cost estimate for each assignment attached to this contract as described in Section 1. SECTION III AMOIINT AND METHOD OF PAYMENT 3.1 For services described under Section 1, Basic Services, paymem shall be in accordance with the method specified in Section 3.3 and the dollar amount identified as part of each Scope of Work specified in Section 1 attached to THIS AGREEMENT. 3.2 It is expressly understood and agreed by both parties that the ENGINEER will be paid by the OWNER for the services performed WITHIN THIRTY (30) DAYS of receipt of any invoice for services rendered. 3.3 Amount invoiced and payment shall be based on the actual work completed in accordance with the ENGINEER's rate schedule as certified by the ENGINEER. Reasonable expenses incurred by the ENGINEER in the performance of THIS AGREEMENT, including ~ 1314/T0506801 (R05) 3 but not limited to; airfare, train fare, gro~lnd transp6~ation,-mileage, per diem, lodging, reproduction, the expense of additional insurance requested by the OWNER and not ordinarily can-ied by the ENGINEER, etc., shall be reimbursed at 100%. The cost of subconsultant services, outside reproduction, and materials and supplies shall be reimbursed at 100%. SECTION IV INSURANCE The ENGINEER specifically agrees that its subcontractors, agents or employees shall possess the experience and knowledge necessary to qualify them individually for the particular duties they perform. NOW, THEREFORE, the parties further hereto agree as follows: 4.1 The ENGINEER shall secure and maintain such insurance as will protect the ENGINEER from claims under the Workers' Compensation Act and from claims £or bodily injury, death or property damage which may arise from the performance of services under THIS AGREEMENT to the extent such insurance is reasonably available in the mounts and terms set forth below: · Commercial General Liability on a "per project basis" · $2,000,000 General Aggregate · $2,000,000 Products and Completed Operations Aggregate · $1,000,000 Personal and Advertising Liability · $1,000,000 Each Occurrence · $300,000 Fire Legal Liability · $10,000 Medical Payments · $1,000,000 Automobile Liability for any vehicles including hired and nonowned autos ,, $5,000,000 Umbrella policy over the above Commercial General Liability and the Auto Liability · Mandatory New York State Workers' Compensation and New York State Disability as required by law. O1314fr05068011R061 4 · $5,000,000 Professional Liability, including coverage for Environmental Impairment Liability · $1,000,000 Owners Contractors Protective Liability in the name of "The Town of Southold." 4.2 Prior to any nonrenewal, cancellation of insurance policies or material change m coverage, ENGINEER must give OWNER at least TIiIRTY (30) DAYS advance written notice. 4.3 ENGINEER shall, procure and maintain insurance as required by and set. forth in Tills AGREEMENT. Notwithstanding any other provision of TillS AGREEMENT; and to the fullest extent permitted by law, the total liability, in the aggregate, of ENGINEER and ENGINEER's officers, directors, partners, employees, agents and ENGINEER's consultants, and any of them, to OWNER and anyone claiming by, tl~rough or trader OWNER for any and all claim, losses, costs or damages Whatsoever arising out of.. resulting from or in any way related to the project or TItlS AGREEMENT front any cause or causes, including but not limited to*the negligence, professional errors or omissmns, strict Iiability or breach of contract or warranty express or implied of ENGINEER or ENGINEER's officers, directors, partners, employees, agents or ENGINEER's consultants or any of them (hereafter "OWNER's Claims"), shall not exceed the total insurance proceeds paid on behalf of or to ENGINEER and ENGINEER's insurers m settlement or satisfaction of OWNER's Claims under the terms and conditions of ENGINEER's insurance policies applicable thereto (excluding fees, costs and expenses of investigation, claims adjustment, defense and appeal). If no such insurance coverage is provided with respect to OWNER's Claims, then the total liability, in the aggregate, of ENGINEER and ENGINEER's officers, directors, partners, employees, agents and ENGINEER's consultants and any of them to OWNER and anyone claiming by, through or ander OWNER for any and ag such uninsured OWNER's Claims shall not exceed the total compensation received by ENGINEER under THIS AGREEMENT. ~ 1314FF0506801 (R06) 5 4.4 For any damage caused willfully or by gross negligence or illegal acts, the ENGINEER's liability, including that of the employees, agents and subcontractors to the OWNER, shall not be limited hereby. 4.5 OWNER and ENGINEER waive all fights agmnsr each other and their respective officers, directors, employees and agents for all loses and damages caused by, arising out of or resulting from any of the perils covered by insurance including property insurance applicable to the Project;and, in addition, waive all such rights against subconsulmnrs and all other persons or entities to be listed as insureds or additional insureds under suck policies for losses and damages so cause& None Df the above waivers shall extend.to the rights that any party making such waiver may have to the proceeds of insurance held by OWNER as trustee or otherwise payable under any policy so issued~ SECTION V INDEMNIFICATION 5.1 If any claim is brought against the ENGINEER by any third party including, without limitation, any insurer asserting subrogation rights of the OWNER, relating to services under TInS AGREEMENT, the OWNER shall indemnify ENGINEER, for all damages resulting from a verdict or judgment, unless it is proven that the ENGINEER was guilty of negligence, illegal acts, willful misconduct or gross negligence in connection with its services. 5.2 If any claim is brought against the ENGINEER as described in Paragraph 5.1, the OWNER Shall either defend the ENGINEER with respect to such Claim, or else indemnify the ENGINEER with respect to all costs incurred by the ENGINEER in defending against such claim. O 1314/T0506801 (R06) 6 SECTION VI DISPUTE RESOLUTION 6.1 THIS AGREEMENT shall be governed ,by, and interpreted under, the laws of the State of New York. 6.2 The parties shall negotiate in good faith to resolve any disputes that arise our of Tills AGREEMENT. 6.3 As .a condition precedent to the commencement of any action or proceeding arising out of THIS AGREEMENT, OWNER shall first offer in writing to arbitrate or mediate. If ENGINEER agrees to arbitrate or mediate, the parties shall jointly determine the procedure for conducting the arbitraf~on or mediation and proceed therewith in good faith. A senior level officer with authority to resolve the dispute and significant responsibility for the project shall attend each mediation session. 6.4 If the dispute is not resolved by mediation or arbitration, or if mediation or arbitration is not selected, then any action or proceeding shall be commenced within one year from the date on which: (1) mediation or arbitration was offered and not selected; (2) mediation concluded; or (3) the dispute arose, whichever is later. SECTION VH MISCELLANEOUS 7.1 The services, data and opinions provided by ENGINEER are for the sole use of OWNER in connection with the instant project, are not to be distributed to third parties without the written consent of ENGINEER, and may not be relied upon indefinitely. Unless stated herein to the contrary, the OWNER shall be solely responsible for providing any notices or disclosures to the public agencies or to the public required by law. 0 1314/3'050680 l(R06) 7 Certifications provided by ENGINEER are expressions of professional opinion and shall not constitute a warranty or guaramy. IN WITNESS WHEREOF, the ENGINEER and the OWNER, acting herein by their duly authorized representatives, have hereunto set their hands this day and year first above written. Attest: Date: DVIRKA AND BARTILUCCI CONSULTING ENGINEERS (A DMSION OF WILLIAM F. COSULICIt ASSOCIATES, P.C.) Thomas F. Maher Vice President Attest: Date: f~~'~~By: Title: Jean W. Cochran Supervisor o1314fr05068Ol(R06) 8 SOUTHOLD LANDFILL CLOSURE ENGINEERING DESIGN AND CONSTRUCTION OBSERVATION SERVICES SCOPE OF WORK The following scope of work is to provide engineering design and construction observation services required to implement closure of the Southold landfill in accordance with the New York State Department of Environmental Conservation (NYSDEC) Part 360 regulations. This scope of work also includes assistance to.the Town of Southuld during bidding o£ constm6tion, bid evaluation and comractor selection, as well as certification of eonsmmtiom To more specifically define the scope of serv'mes, the work is drvided int<~ five tasks as described below. Task 1 - Closure Plan A Closure Plan will be prepared to address the capping/closure and long-term monitoring and maintenance of the Southold Landfill. The Closure Plan will address the reqmrements of a Final Closure Plan as defmed by 6 NYCRR Part 360, effective December 31, 1988. The Closure Plan will: Meet the requirements of paragraphs 360-2.15(b)(1) and (2), and subdivisions (d) through 0), including provtsion of a site plan, final cover system components, gas control system and vector control; Meet the requirements of paragraph 360-2.15(k) and include the post-closure monitoring and maintenance operations manual prepared in accordance with 360- 2.15(k)(7); · Provide the landfill area to be covered; · Provide an estimate of wastes in the landfill; · Provide a closure construction schedule; and ~ 1314FF0407801(R08) ] Provide closure and post-closure monitoring and maintenance cost estimates. The final cover will consist of a layered system meeting the following requncements: Fill material to achieve the subgrade contours as provided in the revised preliminary grading plan. Alternative materials other than virgin soil will be considered for fill material; The bottom layer of a final cover system will consist of 6 inches minimum of a subgrade material beneath the geomembrane liner; The gas venting system will comprise four vents per acre consistent with the approved variance from the requirements of subdivision 360-2.13(p); The subgrade layer will be overlain by a geomembrane liner meeting the requirements of subdivision 360-2.13¢); The geomembrane Freer will be overlain by a 12-inch drainage/barrier protection layer consistent with the approved variance from the requirements of 360~2.13(r)(2)(iii); and The barrier protection layer will be overla'm by a topsoil layer or equivalent growth medium meeting the requirements of 360-2.13(t). The topsoil layer will be vegetated m control surface erosion. The Closure Plan will provide a description of the current perimeter landfill gas control/passive venting system and modifications will be made to ensure conformance with the Part 360 requirements, if necessary. The exisfmg landfill gas control system will be utilized to the fullest extent practical. The Closure Plan will include a site plan which shows the property lines, proposed subgrade and final contours, storm water drainage system, roads, structures and landfill gas control system. The site plan will be prepared using October 1995 topographic data. During preparation of the Closure Plan, an updated topographic map will be developed for preparation of the design drawings. Supplemental drawings will provide various ~aspects and details of the ~ 1314FF0407801(R08) 2 proposed closure system, such as the cappiti~ §ystem, lkfldfill gas vents, landfill gas monitoring wells, roads and drainage systems. The Closure Plan will include calculations m document the global, seismic and veneer stability of the landfill and the proposed capping system, and projected quamities of surface runoff using the Hydrocad Model, and the hydraulic efficiency of the capping system using the Hydrologic Evaluation of Landfill Performance (HELP) Model. Storm water management facilities wi41 be designed for the peak discharge associated with a 25-year storm with a 24-hour 4uration in conformance with the requirements of 6 NYCRR Part 360. The Closure Plan also will serve as an engineering report which will provide and document the design parameters and calculations for closure of the Southotd.LandfitL The report will include a narrative describing design criteria, parameters and assumptions. It will cover, as necessary, topics such as water balance, drainage, erosion control, stability, gas management, selection of construction materials and summary of design. Two (2) meetings will be held, one (1) with the Town of Southold and one (1) with NYSDEC, to review comments on the Closure Plan. Task 2 - Preparation of Closure Plans and Specifications Tiffs task will comprise the preparation of design drawings, technical specifications and commct documents. The design drawings and specifications will address the subgrade and final contour grades, storm water management, landfill cover and construction/protection of groundwater and gas monitoring wells, and landfill gas control systerm A Quality Assurance/Quality Control Plan for construction of the cover will also be provided as part of the specifications. ~ 13 I;4/T0407801(R08) 3 Design Drawings Drawings will be prepared utiliTing Computer Aided Drafting and Design (CADD) and submitted to the Town of Southold for review in three stages: prelim/nary at approximately 50 percent completion, draft £mal at 95 percent completion anct final at 100 percent completion. The drawings will be prepared at a scale of 1 inch equals 40 feet or other appropriate scale which will provide for a clear depiction of the work. Four (4) meetings wilt be held, two (2) with the Town of Southold and two (2) win NYSDEC, to review comments on the 50% and 95% completion drawings. Drawings will include subgrade and final grading plans delineating areas of excavation and backfflling, landfill cover details (including dra'mage controls, cap design, final vegetation and gas controls), and site control details (monitoring locations, fencing and gates). In preparation of the drawings (and specifications), it is assumed that material fer contour grading, barrier protection and vegetation cover layer will be obtained from both on-site and off-site sources. Drainage details, including storm water diversion and recharge, will be provided as pan of the drawings. It is assumed that most of the storm water runoff will be diverted to a new recharge basin in the southwest comer of the landfill property. Some storm water will need to be diverted to the existing storm water basin in the southeastern portion of the landfill property and a new basin in the northeastern portion of the property (borrow area), as well as possibly m a new basin in the northwestern comer of the property. The contem and format of the final set of drawings will be suitable for solicitation of competitive construction bids. Two (2) sets of drawings will be provided to the Town of Southold at the 50 percent and 95 percent completion points for review and commem. A copy of each submission will also be forwarded to the NYSDEC. At the 100 percent completion point, ten (10) sets of drawings and specifications will be provided. Additional cop~es will be provided at the cost of reproduction. ~ 1314/T0407801(R08) 4 Spe~ficaions Detailed specifications will be prepared and submitted for review in three stages: preliminary at approximately 50 percent completion, draft final at 95 percent completion and final at 100 percent completion in the same quantities as the drawings. Specifigations will contain general conditions typically used by the Town of Southold. These include the following: Advertisement, Information for Bidders, General and Suppl6mental Coriditions, Form o£ Agreement, Bid Bond, Performance Bond, Labor and Material Bond, Growth and Life Bond Agreement, .Bid Form, Special Conditions, State Wage Rates and other requirements. Additionally, detailed technical specifications will be prepared covering the material and construction requirements for all aggregate and geosynthetic materials and appurtenances to be used as part of closure construction. These include the geotextile, geourembranes and other geosynthetics, aggregate material (contour grad'rog material, protection layer, vegetative layer, etc.) and piping. Particular attention will be paid to the control of odors which may emanate from the landfill as part of the construction activity and also for the potential release of dust and other nuisances. To ensure that these materials meet the contract specifications, certification requ'trements regarding the preconstruction approval and during construction testing, including procedures and frequency, will be outlined in the appropriate sections and will reflect the Construction Quality Assurance and Quality Control (CQA/CQC) Plan as required by Part 360-2.8 and 360-2.13. The purpose of including these sections of the specifications will be to clearly specify the tests to be performed to satisfy CQA/CQC and identify responsibility for the tests. The contract specifications also will include a section conceming the construction contractor's worker health and safety obligations. O 1314/T0407801(R08) 5 A CQA/CQC summary section will set odt the requirements for the construction contractor and will outline the responsibility for performing material rests and inspections throughout the construction process. Contract Document This task will involve the preparation of the contract document, including a bid schedule, and Ymal. drawings and specifications, suitable for bidding for construction of the landfill eover and related coastmcfion activities in accordance with Article 103 Public Bidding Procurement procedures. This will entail the addition of the Town of Southold contract and general conditions, including insurance and bonding requirements, m the technical sections already described. The task will include provision of assistance to the Town in implementation of the State's Minority and Women's Business Enterprise (M/WBE) requirements. These contract documents will be submitted to the Town for review and approval prior to advertisement. Construction Cost Estimate A detailed construction cost estimate for implententation of closure construction will be prepared. This cost estimate will be prepared on the bid schedule form developed as part of the contract document. Cost estimates will be developed as a result of information obtained front contractors, and equipment and material suppliers. Estimates from local contractors and suppliers will be. obtained, if possible. Assistance in COnstruction Contractor Bidding and Selection Assistance will be provided to the Town of Southo!d in the procurement and selection of a construction contractor and contract award to implement the contract document. As part of this task, the following will be undertaken as part of contractor procurement: attendance at a prebid conference; preparation of responses to questions from bidders, including addenda to the contract documents; review, tabulation and evaluation of construction bids; assistance in selection of the O 1314~1%40780I(R08) 6 construction contractor; preparation of conformed documents; and securing signed contracts. In addition to the prebid conference, one meeting will be held with the Town of Southold for review of bids and contractor selection. Task 3 -Construction Observation Under this task, full-time on-site observation services will be provided during consu'uction of the cover and related closure construction activities, along -with office staff time for the review and acceptance of test result data. Staff time also will be provided for normal construction administration, including, preparation/review of record drawings, shop drawings, materials review, change orders, contractor invoice review and final certification. Reasonably anticipated time also will be included for review of requests for change orders by the contractor. In addition to full-time resident engineering observation services and office support to oversee general aspects of construction, construction quality assurance (CQA) servmes will be provided to inventory and test the soil and geosynthetic components of the cover system. These CQA services will include the following: · visual observation of geosynthetic materials upon delivery to the site for uniformity, imperecfions, tears, punctures, blisters and other damage; · observation of the contractor's seaming and testing of the cover system for unbonded areas; · observation of all nondestructive liner testing by the contractor; · independently test samples of the liner and seams; and · performance of soil density, moisture, particle-size and permeability tests. It should be noted that the time for completion of closure consmtction and, therefore, time for oversight, is based on an estimated time for construction of nine (9) months. Until the O 1314fF0407801(R08) 7 closure design is finalized in the engineeiin~ d~igii retSoi% a more accurate estimate cannot be made at this time. During construction activities, a detailed written daily record will be maintained of the progress of construction. The r~cord will include work completed, a record of labor, material and eqmpment employed, unusual circumstances encountered and any deviations from the work as specified in the contract documents. Task 4 - Construction Certification Report A Construction Certification Report will be prepared and submitted to the Town of Southold and NYSDEC which certifier that all construction was performed in accordance with the contract document. Eight copies of the certification report will be prepared for distribution. The certificatation report also will provide the results of the CQA activities and will include the following: · a description of the project, its implementation and the parties involved; · meeting minutes for monthly progress meetings; · shop drawing logs; · representative construction photographs depicting the major project features; · daily field observation logs; · documentation of all manufacturer's test results and submittals from the contractor; · documentation of all laboratory and field testing conducted on all materials; · documentation of all final test results, with a detailed description of the methods and procedures used to correct improperly installed or defective material; · descriptions of all retesting performed; and o 1314fro407SOl 0°.08) 8 · as-built drawings noting the location and identification of all geosynthetic panels, drainage structures and pipes with any deviation from the approved engineering plans. A post-construction meeting will be conducted with representatives of the Town of Southold, NYSDEC and the construction contractor prior to the termination of the Maintenance Bond in order to examine the work and identify any items or deficiencies which must be corrected. Task 5 - Post-Closure Monitoring and Maintenance Manual A Post-Closure Monitoring and Maintenance Manual will be prepared in conformance with Part 360-2.150)(7). This document will provide the information needed to monitor and maintain the facility for the 30-year post-closure period. Components of this manual will include: description of type, location, sampling procedures, frequency, and sample analytical QA/QC methodology and analytical testing, as well as record keeping and reporting requirements for all environmental monitoring activities; description of all environmental control systems including: - process control monitoring types, locations, record keeping and reporting requirements; and - environmental control maintenance requirements, such as landfill gas control, including description, type, frequency and record keeping; description of types, location and frequency of all other facility maintenance activities including: maintaining the integrity and effectiveness of the final cover, including making repairs to the cover as necessary to correct the effects of settlement, subsidence and erosion, maintaining the appropriate vegetative cover, and preventing rrm-on and nm-off from eroding or otherwise damaging the final cover; maimmning and operating the gas control and monitoring system; and record keeping and reporting requirements; C~ 1314fr0407801(R08) 9 · description of resource requirements including: - minimum personnel qualifications and numbers: and - minimum equipment needs. · a Cont'mgency Plan which will include: - responses m problems that have a reasonable likelihood of occurrence including, but not limited to, major erosion problems, significant differential settlement and fire; - action levels above which identified environmental monitoring, environmental control or ma'mtenance problems require prompt acti°n by the 'Town of Southold and notification to NYSDEC; and - a summary of any corrective measures that may be required in accordance with section 360-2.20; · name, address and telephone number of the person or office to contact regarding post- closure monitoring and maintenance, and corrective measure concerns during the post-closure period (to be provided by the Town); and · a description of the planned uses of the property during the post-closure period (to be provided by the Town of Southold). O 1314/T0407801(R08) 10 CONSULTANTS ~C, west Chester Ohio 513-759~9500 PO 8ox 447 6~5 Route 32 ~ghl~nd M~!IS New York 10930 914-928-8531 NO. 914-928-9211 Dvirka and Bartilucci Consulting Engineers 330 Crossways Park Drive Woodbury, New York 11797-2015 Attention: Mr. Thomas Maher, P.E. Apdl 21. 1998 RE: PN-198-279 GEOTECHNICAL ENGINEERING SERVICES SLOPE STABILITY ANALYSIS SOUTHOLD LANDFILL SOUTHOLD, LONG ISLAND, N.Y. Dear Mr. Maher: In accordance with your request we are providing you with this proposal to perform geotechnical engineering services for the above referenced project. The scope of services includes performing stability analyses to assist you with design of the slopes for the landfill closure. We understand that the landfill covers sn an area of about 33 acres and includes sideslopes of about 3 horizontal to 1 vertical. The services shall be performed for Dvirka and Bartilucci, herein referred to as Client. The specific scope of services shall be as follows: 1.0 SCOPE OF SERVICES 1.1 Review the proposed landfill closure design drawings and all available design data and existing subsurface information. 1.2 Using cross-sections and subsurface data provided by client develop profiles, soil boundary lines and piezometdc surfaces for up to 3 cross- section geometries. 1,3 Perform stability analysis for up to 3 geometric cross-sections using a STABL computer program Each cross-section shall be analyzed for overall global stability and veneer stability of the landfill sideslope. Each analysis shall be computed for normal and seismic loading conditions. C VIL · GEOTECHNiCAL · STRUCTURAL ENG!NEERS Mr. Thomas Maher. P.E. Page 2 TECTONIC April 21. 1998 1.4 tf the proposed slope geometry does not provide the required factor of safety against failure additional analyses shall be performed and the maximum slope that provides the required factor of safety shall be determined. 1,5 Prepare a report with the results of the analyses including the input and output data for the final runs for each geometric cross-section. The report shall also include recommendations for an alternate slope grade for proposedslopes that do not provide the required factor of safety. 2.1O LIMITATIONS OF SERVICES The limitations of service shall be in accordance with the attached General Terms and Conditions of Agreement and the following: 2.1 Client a. b, shall provide the following: The specific cross-sections that are to be analyzed. A typical detail that shows the materials the sideslope shall be comprised of. Bodng and laboratory test data for the existing subsurface conditions. Groundwater data and piezometdc surfaces. Proposed site and grading plans. 2.2 Should the final slope grading and/or subsurface conditions vary significantly across the site more than 3 geometric cross-sections may be required for analysis. If so, Tectonic shall advise the Client of the need for additional analyses and the resulting additional fees before proceeding. 3.0 FEES Our fee for performing the above described scope of services shall be as indicated below. The fees include both the stability analysis and report. Stability Analysis (Global w/o seismic): Stability Analysis (Global w/seismic): Stability Analysis (Sideslope w/o seismic): Stability Analysis (Sideslope w/seismic): $4,500.00 600.00(4) 300.00(~) 300.00m (1) Fee based on performing the global stability analyses without (w/o) seismic loading as a minimum. TECTONIC Mr. Thomas Maher. P.E. Page 3 April 21. 1998 Adc itional services, if recuested, shall be charged in accordance with the following unit rates: Managing Principal Chief Engineer Senior Engineer III Senior Engineer II Staff Engineer III Staff Enginee[ II Staff Engineer I $120.00/hr. 110.O0/hr. 85.00/hr. 75.00/hr. 52.50/hr. 47.50/hr. 40.00;'hr. Please return a signed copy of this agreement and an initialed copy of the Genera~ Terms and Conditions of Ag reement indicating your acceptance as authorization to proceed with work, We look forward to assisting you and should you have any further questions, please do not hesitate to call Sincerely, , Donald A. Benvie, P.E. Managing Principal DAB/para File 6\PN198-279.doc ACCEPTANCE: TITLE: DATE: CONSULTANTS ~C Auburn. Massacr~useEs 508.a32,-, ~6 Dvirka and Bartilucci 330 Crossways Park Dr ve Woodbury NY 11797-2015 Attn: Thomas Maher. P. E. April 21, 1998 Re: PN: 198-278 REVISION 1.0 ,CONSTRUCTION QUALITY ASSURANCE (CQA) INSPECTION AND TESTING SERVICES FOR CLOSURE OF SOUTHHOLD, LONG ISLAND MUNICIPAL LANDFILL Dear Tom: Per your request., Tectonic is pleased to submit our revised proposal to provide CQA testing and inspection services in support of Dvirka and Bartitucci for the c~osure of the Southhold Long Island Municipal Landfill. This revision assumes a nine month construction duration. We understand the landfill is approximately 33 acres in size and the components of the landfill cap include contour grading, a geomembrane cap, a protective border layer and a topsoil cover. Tectonic will provide an onsite CQA inspector to support Dvirka and Bartilucci's resident engineer in the inspection and testing of construction for the landfill closure cap. As part of our services Tectonic will assist Dvirka and Bartilucci with preparation of a final closure report for submittal to the NYSDEC certifying the acceptability of the completed work based on the results of our testing and inspection. All closure work shall be performed in accordance with NYSDEC regulations Part 360 and is anticipated to take approximately nine months to complete. Our services Would be performed for the Town of Southhold, herein referred to as Owner, under the supervision of Dvirka and Bartilucci herein referred to as Owner's Agent. A detailed description of.services follows. 1.0 SCOPE OF WORK .1 Provide full-time on-site CQA monitoring and observation services in support of Dvirka and BartitucCi's resident engIneer for an approximate nine month period or until construction is completed to monitor contractor's work for conformance with the contract documents, Specific items of work Tectonic will observe or perform includes: · Observe soil materials to be placed, including contour grading material, barrier layer and topsoil. CIVIL · GEOTECNNiCAL · STRUCTURAL ENGINEERS Mr. Thomas Maher TECTONIC Page 2 April 21, 1998 .2 .3 .4 .5 .6 .7 .8 .9 · Perform ~n-place moisture and density testing of soil materials with nuclear gage. · Monitor the deployment of the geomembrane/geosynthetic materials. · Moni.torgeomembrane seaming operations. · Select location of the soil samples for independent testing, perform sample collection and deliver samples to Tectonic's laboratory for testing. · Monitor onsite non-destructive testing of the geomembrane seams. · Select geomembrane seam destructive sample Iocaboos, perform sample collection and ship cou[~on samples to consultant laboratory for testing. Document progress of the constructioh work through preparation of daily field reports and weekly summary reports. Perform laboratory testing of soil and geomembrane to verify quality of contractor's work. A schedule listing the type and quantity of proposed soils and geomembrane testing is contained in Section 3.2. Maintain on going communication with Owner's Agent as to the progress of work including problems encountered and the resolutions implemented. Support Owner's Agents with documents review of contractor's submittals including initial prequatification testing and in - process testing results of soil materials, geomembrane and geosynthetics: evaluate change order submittals; and review contractors payment requests to verify accuracy of contractor's requisitions. When Certificate of Substantial Completion is issued by contractor, review Punch List for completeness and accuracy based on our ongoing CQA inspection. Oversee completion of Punch List items including correction of deficiencies listed in the Punch List. Review contractor's as built record drawings to verify their accuracy and completeness. Assist Owner's Agent with performance of final acceptance inspection as to the acceptability of the contractor's work. Prepare final closure report certifying the acceptability of the contractor's work based on the testing and inspection results. Mr. Thomas Maher TECTONIC :"'"~-=": Page 3 April 21. 1998 2.0 PROJECT STAFFING & ORGANIZATION Mr~ Donald A. Benvie P.E.. Principal in Charge, will be assigned to the project team as Project Manager for Construction Quality Assurance (CQA) related services. Mr. Benwe will serve as the pnmary point of contact regarding the coordination, scheduling, and supervision of CQA testing and inspection services. Mr. Peter Southerland of Tectonic will be assigned as the Construction Quality Assurance (CQA) Project Engineer. Mr. Southerland will be responsible for d recti'ng Tect0nic's onSlte field CQA inspection and preparing the final closure certification report4 Either Mr. Barry Ouimet or Mr. Anthony Tanzola will be assigned to the project as CQA Sol'Is (Geosynthetic) Inspector. Both Mr. Ouimet and Mr. Tanzola are degreed engineering geo ogis[s and have extensive experience relative to ,andfill construction'and closure. Mr. William Fetter will supervise all CQA geotechnical and geosynthetics laboratory testing services for Tectonic. Mr. Fetter will be responsible for scheduling, directing and reviewing test results for in house soils testing of the drainage, venting topsoil and cover materials. Mr. Fetter will coordinate the activitibs of J & L Testing Laboratories who will perform al related testing of the geomembrane and geosynthetic materials. 3.0 FEES & PAYMENTS Tectonic services for field inspection are estimated as follows: .1 INSPECTION SERVICES FEE SCHEDULE HOURLY EST. SUB- TITLE RATE MH TOTAL · Principal $115/hr 40 $ 4,600 · CQA Project Engineer 75/hr 300 22,500 · CQA Sr. Soils Inspector 50/hr 1500 75,000 TOTAL INSPECTION FEES: $102,100 Mr. Thomas Maher Page 4 TECTONIC .. %. April 21. 1998 .2 LABORATORY TESTING SERVICES FEE SCHEDULE ASTM UNIT TEST DESIGN. RATE QTY SUB- TOTAL · Grain Size Analysis 422 $ 50lea 200 $10 000 · Core paction 1557 lO01ea 50 5.000 · Visual Clas~rrlcation 2488 10lea 100 1,000 · PH 4972 35lea 5 1.175 · Organic Content 2974 45lea 5 225 · Constant Head Permeability 2434 1501ea 50 7.500 · Direct Shear 3080 500/ea 10 5,000 · Ooefficicnt of Friction5321 700lea 5 3.500 By Direct Shear · Film Tear Bond 4437 50lea 200 10,000 Peel '& Shear Strength TOTAL TESTING FEES: $43,400 .3 FINAL CERTIFICATION REPORT Prepare summary of test results and inspection reports and incorporate into a final report: $6,000 · 4 OUT OF POCKET EXPENSE Out of pocket expenses for travel, ovemight mailing, field supplies, special testing equipment, etc. shall, be invoiced at cost as substantiated with receipts. For estimating purposes an amount of $3,000 should be buageted for out of pocket expenses. The total fees for our services are estimated to be $160,500.00 based on a nine month construction duration. These fees are based on a standard 40 hour work week and assumes a maximum construction schedule of nine months. If the duration of construction exceeds nine months, then the additional time would be invoiced ~n accordance with the unit rate schedule indicated in Section 3.1 on page 3. Mr. Thomas Maher TECTONIC Page 5 April 21. 1998 4.0 AGREEMENT AND AUTHORIZATION TO PROCEED Tectonic will perform the aforementioned services as authorized by the Owner and directed Dy the Owner's Agents. Tectonics will perform the indicated serwces n accordance with the attached General Terms and Conditions of Agreement. Please return a signed copy of this letter indicating acceptance of the terms contained herein. Tectonic appreciates the opportunity to submit this proposal and looks forward to assisting Dvirka and Bartilucci on this project. · S~ould you have any questions, please do not hesitate to call. S~cerely, TICTONIC ENGINEERING CONSULTANTS, P.C. Donald A. Benvie Managing Principal DABtdrm File 4 Dn198.sot.rt~holdlndfllLdoc ACCEPTANCE: DATE: TITLE: AGREEMENT BETWEEN DVIRKA AND BARTILUCCI CONSULTING ENGINEERS (A DIVISION OF WILLIAM F. COSULICH ASSOCIATES, P.C.) AND TOWN OF SOUTHOLD, NEW YORK THIS AGREEMENT, made this _2nd~ day of March ,1999, by and among DVIRKA AND BARTILUCCI CONSULTING ENGINEERS, A DIVISION OF WILLIAM F. COSULICH ASSOCIATES, P.C., having i~s principal place of bushaess at 330 Crossways Park Drive, Woodbury, New York 11797, hereinafter called the "ENGINEER" and TOWN OF SOUTHOLD, having its principal place of bus'mess at 53095 Main Road, Southold, New York 11971, hereinafter called the "OWNER." WITNESSETH: WHEREAS, the OWNER has legal responsibility to comply with various federal and state environmental statutes and regulations; and WHEREAS, the OWNER desires to employ the ENGINEER m render professional engineering services related to its compliance with certain environmental statutes and regulations and related work for its facility; and WltEREAS, the ENGINEERqxas the expertise and has a thorough knowledge of the performance of suck professional engineering services and is qualified to render such professional services; and O 1314FF0506801(R05) ] WHEREAS, the ENGINEER is willing to provide these services for the consideration and upon the terms hereinafter stated. NOW, THEREFORE. in consideration of these premises and of the mutual covenants herein set forth, the parties hereto agree as follows: SECTION I BASIC SERVICES OF THE ENGINEER 1.1 The services to be performed, under THIS AGREEMENT are to provide engineering design and construction observation services required to implement closure of the Southold Landfill in accordance with the New York State Department of Environmental Conservation (NYSDEC) Part 360 regulations and any and all additional pertinent, regulations and/or laws, These services include the fqllowing: Preparation of a Final Closure Plan/Engineering Design Report; Preparation of design plans and specifications, contract document and detailed construction cost estimate; Provision of assistance to the Town, including implementation of the State's Minority and Women's Business Enterprise (M/WBE) requirements, during the bidding and construction contractor selection-process; Provision of full-time construction observation and construction quality assurance observation and monitoring, including materials testing, assuming a 9-month construction period; Preparation of a Construction Certification Report documenting construction procedures and testing results; Preparation of a Post-Closure Monitoring and Maintenance Manual; and Attendance at meetings with the Town, NYSDEC and the construction contractor. ~ r~ 13 I4FF0506§0 l(R05) 2 1.2 The scope and budget for specific services to be provided to the OWNER by the ENGINEER are fully described in the Schedule(s) attached to and made part of THIS AGREEMENT. SECTION H TIME SCHEDULE 2.1 The ENGINEER shall commence the performance of the services as described in Section 1 of THIS AGREEMENT upon receipt of written authorization from the OWNER. 2.2 The ENGINEER recognizes that the services under THIS AGREEMENT are to be performed in character, sequence and timing so that they wilt be coordinated with the requirements of the OWNER. The specific schedule for each assignment made under this contract, shall be stipulated in the scope of work and cost estimate for each assignment attached to this contract as described in Section 1. SECTION III AMOUNT AND METHOD OF PAYMENT 3,1 For sermces described under Section 1, Basic Services, pa~vment shall be in accordance with the method specified in Section 3.3 and the dollar amount identified as part of each Scope of Work specified in Section 1 attached to THIS AGREEMENT. 3.2 It is expressly understood and agreed by both parties that the ENGINEER will be paid by the OWNER for the services performed WITHIN THIRTY (30) DAYS of receipt of any invoice for services rendered. 3.3 Amount invoiced and payment shall be based on the actual work completed in accordance with the ENGINEER's rate schedule as certified by the ENGINEER. Reasonable expenses incurred by the ENGINEER in the performance of THIS AGREEMENT, including C~ 1314/T050680 liR05} 3 but not limited to; airfare, train fare, ground transportation,-mileage, per diem, lodging, reproduction, the expense of additional insurance requested by the OWNER and not ordinarily carried by the ENGINEER, etc., shall be reimbursed at 100%. The cost of subconsultant services, outside reproduction, and materials and supplies shall be reimbursed at 100%. SECTION IV INSURANCE The ENGINEER specifically agrees that its subcontractors, agents or employees shall possess the experience and knowledge necessary to qualify them individually for the particular duties they perform, NOW, THEREFORE, the parties further hereto agree as follows: 4.1 The ENGINEER shall secure and maintain such insurance as will protect the ENGINEER from claims under the Workers' Compensation Act and from claims for bodily injury, death or property damage which may ar~se from the performance of services under THIS AGREEMENT to the extent such insurance is reasonably available in the amounts and terms set forth below: Commercial General Liability on a "per project basis" · $2,000,000 General Aggregate · $2,000,000 Products and Completed Operations Aggregate · $1,000,000 Personal and Advertising Liability · $1,000,000 Each Occurrence · $300,000 Fire Legal Liability · $10,000 Medical Payments · $1,000,000 Automobile Liability for any vehicles including hired and nonowned autos · $5,000,000 Umbrella policy over the above Commercial General Liability and the Auto Liability · Mandatory New York State Workers' Compensation and New York State Disability as required by law. ~1314fr0506801(R06) 4 · $5,000,000 Professional Liability, including coverage for Environmental Impairment L/ability · $1,000,000 Owners Contractors Protective Liability in the name of "The Town of Southold." 4.2 Prior to any nourenewal, cancellation of insUrance policies or material change in coverage, ENGINEER must give OWNER at least TItlRTY (30) DAYS advance written notice. 4,3 ENGINEER shall procUre and maintain insUrance as requ'zred by and set forth in THIS AGREEMENT. Notwithstanding any other provision of THIS AGREEMENT, and to the fullest extem permitted by law, the total liability, in the aggregate, of ENGINEER and ENGINEER's officers, directors, partners, employees, agents and ENGINEER's consultants, and any of them, to OWNER and anyone claiming by, through or under OWNER for any and all claims, losses, costs or damages Whatsoever arising out of, resulting from or in any way related to the project or TItIS AGREEMENT from any cause or causes, including but nor limited to the negligence, professional errors or omissions, strict liability or breach of contract or warmmy express or implied of ENGINEER or ENGINEER's officers, directors, parmers, employees, agents or ENGINEER's cons~altants or any of them (hereafter "OWNER's Claims"), shall not exceed the total insUrance proceeds paid on behalf of or to ENGINEER and ENGINEER's insUrers in settlement or satisfaction of OWNER's Claims under the terms and conditions of ENGINEER's insUrance policies applicable thereto (excluding fees, costs and expenses of investigation, claims adjustment, defense and appeal). If no such insUrance coverage is provided with respect to OWNER's Cla'uns, then the total liability, in the aggregate, of ENGINEER and ENGINEER's officers, directors, parmers, employees, agents and ENGINEER's c~)nsultants and any of them to OWNER and anyone claim'mg by, through or under OWNER for any and alt such uninsUred OWNER's Claims shall not exceed the total compensation received by ENGINEER under THIS AGREEMENT. q> 13144T0506801{R06) 5 4.4 For any damage caused willfully or by gross negligence or illegal acts, the ENGINEER's liability, including that of the employees, agents and subcontractors to the OWNER, shall not be limited hereby. 4.5 OWNER and ENGINEER waive ail rights aga'mst each other and their respective officers, directors, employees and agents for all loses and damages caused by, arising out of or resulting from any of the perils covered by insurance including property insurance applicable to the Project; and, in addition, waive all such rights against subconsulmnts and all other persons or entities to be listed as lnsureds or additional insureds under such policies for losses and damages so caused. None of the above waivers shall extend to the fights that any party making such wmver may have m the proceeds of insurance held by OWNER as trustee or otherwise payable under any policy so issued. SECTION V INDEMNIFICATION 5.1 If any claim is brought against the ENGINEER by any third party including, without limitation, any in~urer asserting subrogation rights of the OWNER, relating to services under THIS AGREEMENT, the OWNER shall indemnify ENGINEER, for all damages resulting from a verdict or judgment, unless it is proven that the ENGINEER was guilty of negligence, illegal acts, willful misconduct or gross negligence in connection with its services. 5.2 If any claim is brought against the ENGINEER as described in Paragraph 5.1, the OWNER shall either defend the ENGINEER with respect to such claim, or else indemnify the ENGINEER with respect to all costs incurred by the ENGII~EER in defend'rog against such claim. ~ 1314fr05068010R06) 6 SECTION VI DISPUTE RESOLUTION 6,1 THIS AGREEMENT shall be governed by, and interpreted under, the taws of the Stat6 of New York. 6.2 The parties shall negotiate in good faith to resolve any disputes that arise our of -THIS AGREEMENT. 6.3 As .a condition precedent to the commencement of any action or proceeding arising out of THIS AGREEMENT, OWNER shall first offer in writing to arbitrate or mediate. If ENGINEER agrees to arbitrate or mediate, the parties shall jointly determine the procedure for conducting the arbitration or mediation and proceed therewith in good faith. A sen~or level officer with authority to resolve the dispute and significant responsibility for the project shall attend each mediation session. 6.4 If the dispure is not resolved by mediation or arbitration, or if mediation or arbitration is not selected, then any action or proceeding shall be commenced w/thin one year from the date on which: (1) mediation or arbitration was offered and not selected; (2) mediation concluded; or (3) the dispute arose, whichever is later. SECTION VII MISCELLANEOUS 7.1 The services, data and opimons provided by ENGINEER are for the sole use of OWNER in connection with the instant project, are not to be distributed to third parties without the written consent of ENGINEER. and may not be relied upon indefinitely. Unless stated herein to the contrary, the OWNER shall be solely responsible for providing any notices or disclosures to the public agencies or to the public required by law. O 1314/T0506801(R061 7 Certifications provided by ENGINEER are expressions of professional opinion and shall norconstimte a warranty or guaranty. IN WITNESS WHEREOF, the ENGINEER and the OWNER, acting herein by their duly author/zed representatives, have hereunto set their hands tiffs day and year first above Attest: Date: Attest: Date: DVIRKA AND BARTILUCCI CONSULTING ENGINEERS (A DIVISION OF WILLIAM F. COSULICH ASSOCIATES, P.C.) Thomas F. Maher Title: Vice President U Jean W. Cochran Supervisor ~ 13 I4fr050680 l(R06) SOUTHOLD LANDFILL CLOSURE ENGINEERING DESIGN AND CONSTRUCTION OBSERVATION SERVICES SCOPE OF WORK The following scope of work is to provide engineering design and construcuon observation services required to implement closure of the Southold Landfill in accordance with the New York State Department of Environmental Conservation (NYSDEC) Part 360 regulations. This scope of work also includes assistance to the Town of Southold during bidding of construction, bid evaluation and contractor selection, as well as certification of construction. To more specifically define the scope of services, the work is divided into five tasks as described below. Task 1 - Closure Plan A Closure Plan will be prepared to address the capping/closure and long-term monitoring and maintenance of the Southold Landfill. The Closure Plan will address the requirements of a Final Closure Plan as defined by 6 NYCRR Part 360, effective December 31, 1988. The Closure Plan will: Meet the requirements of paragraphs 360-2.15(b)(1) and (2), and subdivisions (d) through (j), including provision of a site plan, final cover system components, gas control system and vector control; Meet the requirements of paragraph 360-2.15(k) and include the post-closure monitoring and maintenance operations manual prepared in accordance with 360- 2.15(k)(7); Provide the landfill area to be covered; Provide an estimate of wastes in the landfill; Provide a closure construction schedule; and C~ 1314fr0407801 (R08) Provide closure and post-closure momtoring and maintenance cost estimates. The final cover will consist of a layered system meeting the following requirements: Fill material to achieve the subgrade contours as provided in the revised preliminary grading plan. Alternative materials other than virgin soil will be considered for fill material; The bottom layer of a final cover system will consist of 6 inches min/mum of a subgrade material beneath the geomembrane liner; · The gas venting system will comprise fou~ vents per acre consistent with the approved variance from the requirements of subdivision 360-2.13(p); · The subgrade layer will be overlain by a geomembrane liner meeting the requirements of subdivision 360-2.13 (s); The geomembrane liner will be overlain by a 12-inch drainage/barrier protection layer consistent with the approved variance from the requirements of 360z2.13(r)(2)(iii); and The barrier protection layer will be overlain by a topsoil layer or equivalent growth medium meeting the requirements o£ 360-2.13(t). The topsoil layer will be vegetated to control surface erosion. The Closure Plan will provide a description of the current perimeter landfill gas control/passive venting system and modifications will be made to ensure conformance with the Part 360 requirements, if necessary. The existing landfill gas control system will be utilized to the fullest extent practical. The Closure Plan will include a site plan which shows the property lines, proposed subgrade and final contours, storm water drainage system, roads, s~ructures and landfall gas control system. The site plan will be prepared using October 1995 topographic dat~ During preparation of the Closure Plan, an updated topographic map will be developed for preparation of the design drawings. Supplemental drawings will provide various _aspects and details of the !r~i C, 1314FF0407801(R08) 2 proposed closure system, such as the capping system, landfill gas veins, landfill gas monitoring wells, roads and drainage systems. The Closure Plan w'fll include calculations to document the global, seismic and veneer stability ofthe landf'fll and the proposed capping system, and projected quantities of surface runoff using the Hydrocad 1V~odel, and the hydraut/c efficiency of the capping system using the Hydrologic Evaluation of Landfill Performance (HELP) Model. Storm waxer management facilities wilt be designed for the peak discharge ass~)ciated with a 25-year storm with a 24-hour duration in conformance wfrh the requirements of 6 NYCRR Part 360. The Closure Plan also will serve as an engineering report which will provide and document the design parameters and calculations for closure o£the Southold Landfill. The report will include a narrative describing design criteria, parameters and assumptions. It will cover, as necessary, topics such as water balance, drainage, erosion control, stability, gas management, selection of construction materials and summary, of design. Two (2) meetings will be held, one (1) with the Town of Southotd and one (1) with NYSDEC, to review comments on the Closure Plan. Task 2 - Preparation of Closure Plans and Specifications This task will comprise the preparation of design drawings, technical specifications and contract documents. The design drawings and specifications will address the subgrade and final contour grades, storm water management, landfill cover and construction/protection of groundwater and gas monitoring wells, and landfill gas control system. A Quality Assurance/Quality Control Plan for construction of the cover will also be provided as part of the specifications. ~ 1314/T0407801(R08) 3 Design Drawings Drawings will be prepared utilizing Computer Aided Drafting and Design (CADD) and submifted to the Town of Southold for review in three stages: preliminary at approx'zmately 50 percent compl~etion, draft final at 95 perqent completion and final at 100 percent completion: The drawings will be prepared at a scale of 1 inch equals 40 feet or other appropriate scale which ~1 provide for a clear depiction of the work. Four (4) meetings will be held,,two (2) with the Town of Southold and two (2) with NYSDEC, to review comments on the 50% and 95~/o completion drawings. Drawings will include subgrade and final grading plans delineating areas of excavation and backfilling, landfill cover details (including drainage controls, cap design, final vegetation and gas controls), and site control details (monitoring locations, fencing and gates). In preparation of the drawings (and specifications), it is assumed that material for contour grading, barrier protection and vegetation cover layer will be obtained from both on-site and off-site sources. Drainage details, includ'mg storm water diversion and recharge, will be provided as part of the drawings. It is assumed that most of the storm water runoff will be diverted to a new recharge basin in the southwest comer of the landfill property. Some storm water will need to be diverted to the existing storm water basin in the southeastern portion of the landfill proper~y and a new basin in the northeastern portion of the property (borrow area), as well as possibly to a new basin in the northwestern comer of the property. The content and format of the final set of drawings will be suitable for solicitation of competitive construction bids. Two (2) sets of drawings will be provided to the Town of Southold at the 50 percent and 95 percent completion points for review an(~ comment. A copy of each submission will also be fov~varded to the NYSDEC. At the 100 percent completion point, ten (10) sets of drawings and specifications will be provided. Additiorml copies will be provided at the cost of reproduction. OI314/T0407S01(R08) 4 Specifications Detailed specifications will be prepared and submitted for review in three, stages: preliminary at approximately 50 percent completion, draft final at 95 percent completion and 'final at t00 percent completion in the same quantities as the drawings. Specifications will contain general conditions typically used by the Town of Southold. These include the following: Advertisement, Information for Bidders, Genera[ and Supplemental Conditions, Form of Agreement, Bid Bond, Performance ,Bond, Labor and Ma~eriat Bond, Growth and Life Bond Agreement, Bid Form, Special Conditions, State Wage Rates and other requirements. Additionally, detailed technical specifications will be prepared covering the material and construction requirements for all aggregate and geosynthetic materials and appurtenances to be used as part of closure construction. These include the geotextile, geomembranes and other geosynthetics, aggregate material (contour grading material, protection layer, vegetative layer, etc.) and p~ping. Particular attention will be paid to the control 'of odors which may emanate from the landfall as part of the construction activity and also for the potential release of dust and other nuisances. To ensure that these materials meet the contract specifications, certification requirements regarding the preconstruction approval and during construction testing, including procedures and frequency, will be outlined in the appropriate sections and Will reflect the Construction Quality Assurance and Quality Control (CQA/CQC) Plan as required by Part 360-2.8 and 360-2.13. The purpose of including these sections of the specifications will be to clearly specify the tests to be performed to satisfy CQA/CQC and identify responsibility for the Tests. The contract specifications also will include a secnon concerning the construction contractor's worker health and safety obligations. C~ 1314/T0407801(R08) 5 A CQA/CQC summary section will set out the requirements for the construction contractor and will outline the responsibility for performing material tests and inspections throughout the construction process. Contract Document This task will involve the preparation of the contract document, including a bid schedule, and 15hal drawings and specifications, suitable for bidding for construction of the landfill cover and related construction activities in accordance with Article 103 Public Bidding Procurement procedures. This will entail the addition of the TOWn of Southotd contract and general conditions, including insurance and bonding requirements, tO the tectmical~ sections already described. The task will include provision of assistance to the Town in ~mpl~ementation or.the State's Minority and Women's Business ~nterprise (M/WBE) mqmremeras. These contract documents will be submitted to the Town for review and approval prior to advertisement. Construction Cost Estimate A detailed construction cost estimate for implementation of closure construction will be prepared. This cost estimate will be prepared on the bid schedule form developed as part of the contract document. Cost estimates will be developed as a result of information obtained fi:om contractors, and equipment and material suppliers. Estimates from local contractors and suppliers will be obtained, if possible. Assistance in Construction Contractor Bidding and Selection Assistance will be provided to the Town of Southold in the procurement and, selection of a construction contractor and contract award to implement the contract document. As part of this task, the following will be undertaken as part of contractor procurement: attendance at a prebid conference; preparation of responses m questions from bidders, including addenda to the contract documents; review, tabulation and evaluation of construction bids; assistance in selection of the ~ I3 t 4/T040780 t(R08) 6 construction contractor;, preparation of conformed documents; and securing signed contracts. In addition to the prebid conference, one meeting will be held with the Town of Southold for review of bids and comractor selection. Task 3 - Construction Observation Under this task, full-time on-site observation sermces will be provided dur'mg constmcfiort of the cover and related closure construction activities, along with office staff t'nne for the review and acceptance of test result dam. Staff fmae also will be provided for normal construction administration, including preparafmn/review of record drawings, shop drawings, materials review, change orders, contractor toro'me rewew and final certification. Reasonably anticipated time also wi~t be.included for review ofrequests for change orders by the contractor. In addition to full-time resident engineering observation services and office support to oversee genera] aspects of construction, construction quality assurance (CQA) services will be provided to inventory and test the soil and geosynthetic components of the cover system. These CQA services will include the following: · visual observation of geosynthetic materials upon delivery to the site for uniformity, imperfections, tears, punctures, blisters and other damage; · observation of the contractor's seaming and testing of the cover system for unbonded areas; · observation of all nondestructive liner tesfmg by the contractor; · independently test samples of the liner and seams; and · performance of soil density, moisture, particle-size and permeability tests. It should be noted that the tune for completion of closure construction and, therefore, time for oversight, is based on an estimated time for construction of nine (9) months. Until the O 1314/T0407801(R08) 7 closure design is finalized in the engineering design report, a more accurate estimate cannot be made at this time. During consu'uction activities, a derailed written daily record will be maintained of the progress of construction. The r~cord will include work completed, a record of labor, material and equipment employed, unusual circumstances encountered and any deviations from the work as specified in the comxact documents. Task 4 - Construction Certification Report A Construction Certification Repor~ will be prepared and submitted to the Town of Southold and NYSDEC which certifies that all construction was performed in accordance with the contract document. Eight copies of the certification report will be prepared for distribution. The certificatation report also will provide the results of the CQA activities and will include the following: · a description of the project, its implementation and the parties involved; · meeting minutes for monthly progress meetings; · shop drawing togs; · representative construction photographs depicting the major project features; · daily field observation logs; · documentation of all manufacturer's test results and submittals from the contractor; · documentation of all laboratory and field testing conducted on all materials; · documentation of ail final test results, with a detailed description of the methods and procedures used to correct improperly installed or defective material; · descriptions of ail retesting performed; and O 1314Ff0407801(R08) 8 · as-built drawings noting the location and identification of ail geosynthetic panels, drainage structures and pipes with any deviation from the approved engineenng plans. A post-construction meet'rog will be conducted with representatives of the Town of Southold,.NYSDEC and the construction contractor prior m the termination of the Ma'mtenance Bond in order to exam'me the work and identify any kerns or deficiencies which must be corrected. Task 5 - Post-Closure Monitoring and Maintenance Manual A Post-Closure Monitoring and Maintenance Manual will be prepared in conformance with Part 360-2.15(i)(7). This document will provide the information needed to monitor and maintain the facility for the 30-year post-closure period. Components of this manual will include: description of type, location, sampling procedures, frequency, and sample anaiyticai QA/QC methodology and analytical testing, as well as record keeping and reporting requirements for all environmentai monitoring activities; description of all environmental control systems including: - process control monitoring types, locations, record keeping and reporting requirements; and - environmental control maintenance requirements, such as landfill gas control, including description, type, frequency and record keeping; description of types, location and frequency of ail other facility maintenance activities including: maintaining the integrity and effectiveness of the final cover, including making repairs to the cover as necessary to correct the effects of settlement, subsidence and erosion, maintaining the appropriaxe vegetative cover, and preventing nm-on and nm-off from eroding or otherwise damaging the f'mal cover; - maintaining and operating the gas control and monitoring system; and - record keeping and reporting requirements; O 1314fr0407801(R08) 9 · description ofresouree requirements including: m'mimum personnel qualifications and numbers; and minimum equipment needs. · a Contingency Plan which will include: responses to problems that have a reasonable likelihood of occurrence including, but not t~mited to, major erosion problems, significant differential settlement and fire; - action levels above which identified environmental monitoring, environmental control or maintenance problems require prompt action by the Town of Southold and notification to NYSDEC; and a summary of any corrective measures that may be required in accordance with section 360-2.20; · name, address and telephone number of the person or office to contact regarding post- closure monitoring and maintenance, and corrective measure concerns during the post-closure period (to be provided by the Town); and · a description of the planned uses of the property, during the post-closure period (to be provided by the Town of Southold). O 1314/T0407801(R08) 10 TECTONIC E GiNEER,NC CONSULTANTS P.C. PO ~ox z~t7 615 Rou[e32 L Dvirka and Bartilucci Consulting Engineers 330 Crossways Park Drive Woodbury, New York 11797-2015 Attendon: Mr. ThDmas Maher, P.E. April 21, 1998 RE: PN-198-279 GEOTECHNICAL ENGINEERING SERVICES SLOPE STABILITY ANALYSIS SOUTHOLD LANDFILL SOUTHOLD, LONG ISLAND, N.Y. Dear Mr. Mahen in accordance with your request we are providing you with this proposal to perform geotechnical engineering services for the above referenced project. The scope of services includes performing stability analyses to assist you with design of the slopes for the landfill closure. We understand that the landfill covers an an area of about 33 acres and includes sideslopes of about 3 horizontal to I vertical. The services shall be performed for Dvirka and Bartilucci, herein referred to as Client. The specific scope of services shall be as follows: 1.0 SCOPE OF SERVICES 1.1 Review the proposed landfill closure design drawings and all available design data and existing subsurface information. 1.2 Using cross-sections and subsurface data provided by client develop profiles, soil boundary lines and piezometdc surfaces for up to 3 cross- section geometries. 1.3 Perform stability analysis for up to 3 geometric cross-sections using a STABL computer program, Each cross-section shall be analyzed for overall global stability and veneer stability of the landfill sideslope, Each analysis shall be computed for normal and seismic loading conditions, CIVIL · GEOTE ]HNICAL · STRUCTURA_ ENGINEERS TECTONIC Mr. Thomas Maher. P.E. Page 2 April 21, 1998 1.4 If the proposed slope geometry does not provide the required factor of Safety against failure additional analyses shall be performed and the maximum slope that provides the required factor of safety shall be determined. 1.5 Prepare a report with the results of the analyses including the input and output data for the final runs for each geometric cross-Section. The repor[ shall also include recommendations for an alternate slope grade for proposed slopes that do not provide the required factor of safety. 2.0 LIMITATIONS OF SERVICES The limitations of service shall be in accordance with the attached General Terms and Conditions of Agreement and the following: 2.1 Client shall provide the following: a. The specific cross-sections that are to be analyzed. b. A typical detail that shows the materials the sideslope shall be comprised of. c. Boring and laboratory test data for the existing subsurface conditions. d. Groundwater data and piezometdc surfaces. e. Proposed site and grading plans. 2.2 Should the final slope grading and/or subsurface conditions vary significantly across the site more than 3 geometric cross-sections may be required for analysis. If so, Tectonic shall advise the Client of the need for additional analyses and the resulting additional fees before proceeding. 3,0 FEES Our fee for performing the above described scope of services shall be as indicated below. The fees include both the stability analysis and report. Stability Analysis (Global w/o seismic): Stability Analysis (Global w/seismic): Stability Analysis (Sideslope w/o seismic): Stability Analysis (Sideslope w/seismic): $4,500.00 600.00(~) 300.00(4) 300.00(1) (~) Fee based on performing the global stability analyses without (w/o) seismic loading as a mimmum. TECTONIC Mr. Thomas Maher, P.E. Page 3 April 21. 1998 Additional services, if requested, shall be charged in accordance with the following unit rates: Managing Principal Chief Engineer Senior Engineer Ill SeniOr Engineer II Staff Engineer III ~aff'Enginee~ 1 a~ Engineer I $120.O0/hr. 110.O0/hr. 85.00/hr. 75;O0/hr. 52.50/hr. 47.50/hr. 40.OOJhr. Please re[urn a signed copy of this agreement and an initialed Copy of the General Terms and Conditions of' Agreement indicating your acceptance as~authorization to proceed with Work. We look forward to assisting you and should you have any further questions, please do not hesitate to call. Sitcerely' , Donald A. Benvie, P.E. Managing Principal DAB/pam File 6\PN198-279.doc ACCEPTANCE: DATE: TITLE: ENGINEERING L~tnarn. New York Dvirka and Bartilucci 330 Crossways. Park Drive Woodbuw, NY 1t797-2015 Attn: Thomas Maher. P. E. Re: Apdl 21, 1998 PN: 198-278 REVISION 1.0 CONSTRUCTION QUALITY ASSURANCE (CQA) INSPECTION AND TESTING SERVICES FOR CLOSURE OF SOUTHHOLD, LONG ISLAND MUNICIPAL LANDFILL Dear Tom: Per your recluest,, Tectonic ~s pleased to submit our revised proposal to provide CQA testing and inspection services n support of Dvirka and Bartilucci for the ClOsure of the Southhold. Long Island Municipal Landfill. This revision assumes a nine month construction duration. We understand the landfill is approximately 33 acres ~n size and the components of tl~e landfitl cap inctude contour grading, a geomembrane cap a orotectlve barrier ayer and a topsoil cover. Tectonic will provide an onsite CQA ~nspector [o support Dvirka and Bartilucci's resident engineer in the inspection and testing of construction for the landfill closure cap. As part of our services Tectonic will assist Dvirka and Bartilucci with preparation of a final closure report for submittal to the NYSDEC certifying the acceptability of the completed work based on the results of our testing and inspection, .Alt closure work shal~ be performed in accordance with NYSDEC regulations Part 360 and is anticipated to take approximately nine months to complete. Our services would be performed for the Town of Southhold, herein referred to as Owner, under the supervision of Dvirka and Bartilucci herein referred to as Owne¢s Agent. A detailed description of services follows. 1.0 SCOPE OF WORK .1 Provide full-time on-site CQA monitoring and observation services in support of Dvirka and Bartilucci's resident engineer for an approximate nine month period or until construction is completed to monitor contractor's work for conformance with the contract documents. Specific items of work Tectonic will observe or perform includes: Observe soil materials to be placed, including contour grading material, barrier layer and topsoil. 31VIL · GEOTECHNICAL · S-RUCTURAL ENGINEERS Mr. Thomas Maher .2 .3 .4 .5 .6 .7 .8 .9 TECTONIC Page 2 April 21. t998 · Perform n-place moisture and density testing of soil materials w~th nuclear gage. Monitor the deployment of the geomembrane/geosynthetic materials. · Monitorgeomembrane seaming operations. · Select location of the soil samples for independent testing, perform sample collection and deliver samples to Tectonic's laboratory for testing. · Monitor onsite non-oestructive testing of the geomembrane geomembrane seam destructive sample Iocatior~s sample collection, ano ship coupon samples consultant laboratory for testing. Document,progress of the construction work through preparation of daily field reports and weekly summary reports. Perform laboratory testing of soil and geomembrane to verify quality of contractor'S Work. A schedule listing the type and quantity of proposed soils and geomembrane testing is contained in Section 3.2. Maintain on going communication with Owner's Agent as. t~ the progress of work including problems encountered and the resolutions implemented. Support Owner's Agents with documents review of contractor's submittals including initial prequalification testing anon - process testing results of soil materials, geomembrane and geosynthetics: evaluate change order submittals; and review contractors payment requests to verify accuracy of contractor's requisitions. When Certificate of Substantial Completion is issued by contractor, review Punch List for completeness and accuracy based on our ongoing CQA inspection. Oversee completion of Punch List items includirtg correction of deficiencies listed in the Punch List. Review contractor's as built record drawings to verify their accuracy and completeness. Assist Owner's Agent with performance of final acceptance inspection as to the acceptability of the contractor's work. Prepare final closure report certifying the acceptability of the contractor's work based on the testing and inspection results. Mr. Thomas Maher TECTONIC ~'' '"-'~': Page 3 April 21. 1998 2.0 PROJECT STAFFING & ORGANIZATION Mr. Donald A Benvie. P.E.. Principal in Charge. will be assigned to the project team as Project Manager for Construction Quality Assurance (CQA) related services Mr Benvie will serve as the primary point of contact regarding the coordination, scheduling, and supervision of CQA testing and inspection se~rvice,s, Mc. Peter Southerland of Tectonic will be assigned as the Construction Quality Assurance (CQA) Project Engineer. Mr. Southerland will be responsib e for d rect ~g Tectoo[c'S ons te field CQA inspection and preparing the final closure certification report. Either Mr. Barry Ouimet or Mr. Anthony Tanzola will be assigned to the project as CQA Soils (Geosynthetic) Inspector. Both Mr. Ouimet and Mr. Tanzola are degreed engineering geologism ano have extensive experience relative to landfill construction and closure. Mr. William Fetter will supervise all CQA geotechnical and geosynthetics laboratory testing services for Tectonic. Mr. Fetter will be responsible for scheduling, directing and reviewing test results for in house soils testing of the drainage, venting topsoil an(~ cover materials. Mr. Fetter will coordinate the activities of J & L Testing Laboratories wt~o will perform all related testing of the geomembrane anc geosynthetic materials. 3.0 FEES & PAYMENTS Tectonic services for field inspection are estimated as follows: .1 INSPECTION SERVICES FEE SCHEDULE HOURLY EST. SUB- TITLE RATE MH TOTAL · Principal $115/hr 40 $ 4,600 · CQA Project Engineer 75/hr 300 22.500 · CQA Sr. Soils Inspector 50/hr 1500 75,000 TOTAL INSPECTION FEES: $102,100 Mr. Thomas Maher TECTONIC -~.-. Page 4 April 21 1998 · 2 LABORATORY TESTING SERVICES FEE SCHEDULE ASTM UNIT TEST DESIGN. RATE QTY SUB- TOTAL · Grain Size Analysis 422 $ 50lea 200 $10;00D · Compaction 1557 100lea 50 5.000 · Visual Classification 2488 1Otea 100 1.,000 · PH 4972 35lea 5 1,175 · Organic Content 2974 45lea 5 225 · Constant Head Permeabifity 2434 150lea 50 7.500 · Direct Shear 3080 500/ea 10 5,000 · Coefficient of Friction5321 700lea 5 3,500 By Direct, Shear · Fii~ Tear Bond 4437 50lea 200 10,000 Peel & Shear Strength TOTAL TESTING FEES: $43,400 .3 FINAL CERTIFICATION REPORT Prepare summary of test results and inspection reports and ncorporate into a final report: $6,000 ,4 OUT OF POCKET EXPENSE Out of pocket expenses for travel, overnight mailing, field supplies, special testing equipment, etc. shall be invoiced at cost as substantiated with receipts. For estimating purposes an amount of $3,000 should be budgeted for out of pocket expenses. The total fees for our services are estimated to be $160,500.00 based on a nine month construction duration. These fees are based on a standard 40 hour work week and assumes a maximum construction schedule of nine months. If the duration of construction exceeds nine months, tl~en the additional time would be invoiced in accordance with the unit rate schedule indicated in Section 3.1 on page 3. Mr Thomas Maher Page 5 April 21. 1998 4.0 AGREEMENT AND AUTHORIZATION TO PROCEED Tectonio will perform the aforementioned services as authorized by the Owner and direCted ay t:qe Owners Agents. Tectonics will perform the indicated services in accomance with the attached General Terms and Conditions of Agreement. Please return a signed copy of this letter indicating acceptance of the terms'contained herein. Tectonic appreciates the opportunity to submit this proposal and looks forward ,to ass~sung Dvirka and Bartilucci on this project. ould you have any questions, please do not hesitate to call cerely, TI~CTONIC ENGINEERING CONSULTANTS. P.C. Donald A. Benvie Managing Principal DAB/arm File 4/onl 98-south holdlndfiiL doc ACCEPTANCE: DATE: TITLE: HUBBINETTE-COWELL ASSOCIATES INC. 1003 PARK BLVD., SUITE 3 MASSAPEQUA PARK, NY 11762 coNs~[TJNG ~NGtNEERS 33Q bR~Ssw~S'PA~K DRIVE WOODBORY, :N~ 1 LIABILITY INSURANCE 516-795-1330 DATE (MMIDDPtY} 11/27/2000 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY ANDI' CONFERS NO~ RIGHTS UPON THE CERTIFICATE HOLDER. '[HIS, CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE ~ HARTFORB,EI~JE, JNSURANCE CO. [~--~R,?~ PAUL'REVERE~;EI]=EINsURAI~ICE*C0. COVERAGES r, r d"2SBKGM8957 01/01/2002 A ~ ,C O M M E ROIA L OEHEF:~AL, LI,~B,ILITY 01/0112001 12UENCL8411 01/01/2001 01/01/2002 ANY AUTO ~ ALLOWNED AUTOS SCHEDU,,LFD AUTOS. - HIRED AU~ OS' B E~ OCCUR ~ CLAIMS MADE R/O XEK00074734617 A J WORKERS COtaPENSA3~ON AND 12WBEI2312 EMPLOYERS~ LIABILITY OTHER 01/01/2001 01/01/2001 EACH OCCURRENCE 01/01/2002 L AeeREOATE W~ STATU- OTH- 01/01/2002 ~TOR¥ LIM TS ER E.L. EACH ACCIDENT STATUTORY LIMITS 5,00010~0 ] C NYS DISABILITY 91233 07/01/96 UNTIL CANCELLED DESCRIPTION OF OPERA~ONSlLOCATIONSNEHICLESIEXCLUSlONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS PROOF OF INSURANCE· CERTIFICATE HOLDER IN NAMED AS AN ADDITIONAL INSURED. CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LE3-FER: CA NCELLATION 711owi'¢.~F SOUTHOLD 53095 MAIN STREET S(~LiTHOLD. NY 11971 '[~ATE THEREOF 'THE ISS UIN G-INSURERWILL. ENDEAVOR ~:~-MAIL ~0 _ ..DAYS NOTICE TO THE CERTIFICATE HOLDER~ ~M~D 1~ 3'RE LEFT. BUT FAILURE TO DO 'R%L".O.A,;;.:30. O. '.7.U ,., AUTHORIZED REP~SENTA~VE I~ II I J ¢ -- Ii ! e ACORD CORPORATI, ACORD 25-S (7~97) N 1988 HUBBINETDE-COWELL ASSOCIATES INC. I 1~03 PARK BLVD., SUITE 3 [ $SAPEQUA PARK, NY 11762 516-795-1330 00/0I~000 THIS CERTIFICATE IS ISSUED AS A MATTER oNLY AND CONFERS NO RIGHTS UPON THE HOLDER. THIS CERTIFICATE DOES NOT AMENE INSURERS AFFORDING COVERAGE CONTINENTAL CASUALTY COMP'ANdY' ~, - DV1RKA &.DARTILUCCI CONSULTING ENGINEERS 330;CROSSWAYS PARK DRIVE i.suR~m c: WOODBURY, NY 11797 Ih~URER D: ~NS~A'EE E: COVERAGES THE POLICLES OF tNSURANCE~L!STED BELOW HAVE BEEN ISSUED TO THE INSURED NA:MED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREi~hTT.. TERM 'O'R CONDFTION OF ANY CONTRACT OR OTHER DOCiUMEN~WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR GEN'L AGGREGATE LIMIT APPLIES PER; [ I POLIC, JECT ~ CC I ~ R ETENT;ON $ ACHOCCURRE~CE $ ~ AGG~EGAT~ $ OTHER A PROFESSIONAL LIABILITY AAE8220657 06/21/2000 06121/2001 $5,000,000 PER CLAIM $75,000 SELF INSURED RETENTION PER CLAIM NCLUDING CLAIM EXP. $5,000,000 AGGREGATE j DESCRIP~ON DF OPERAT~ONSILOCATIONSiVEHICLES[EXCLDSlONS ADDED BY EN DORSEMENTISPECIAL PROVISIONS THE POLICY PROVIDES CONTRACTUAL LIABILITY COVERAGE FOR THE LIABILITY OF OTHERS WHICH THE INSURED ASSUMES UNDER A WRI'F-FEN CONTRACT PROVIDED SUCH LIABILITY IS CAUSED BY THE INSURED'S NEGLIGENT ACT, ERROR OR OMMISSiON CERTiFiCATE HOLDER I ADDITIONAL INSU RED; INEU RER LETTER: CANCELLATION '~ · - SHOULD ANY OF TH E ABOVE DESCRi~ED~POMC]ES E~ E "~C.~J~iEL~D EIEFORE~THE EXPiRAT[ON TOWN OF SOUTHOLD ~ >* ,~ .~,~,~, 53095 MAiN STREET ,MPOSE NO OaL,~AT~O~ L,AS~U~ OF AN'/~l~d~[~,~u~E~A A~EN~S OR SOUTHOLD, NY 11971 REPRESENTATIVES. ~ J ~ j~ ~ .~.~,~-~ ACORD 25-S [7/97} ~ACORD C~RPORATION 1988 I /pRO CE --~lllS CERTIFICATF IS ISSUED ~ A MA~'ER OF INFORMATION ]Welsch. Fla~ess~ a Lutz, Inc. 0N~Y:~,~D CONFERS ~ R!G~ UPQ~,~TH~ CERTiFICAtE 1-01 Ma'ke~ ~ui-e ~00 HOLDER~ THIS CERTIFICATE DOES NO~ ~END~ ~END OR / ~ L, D ~ ~ ALTER TH~ Co~RAGE AFFORDED BY yHE POLI~J~ BELo~ ~P.O. Box 66753 ~ Saint Louis, MO 63166-6753 Cie.a~ ~ommunzCa~Ion~ Group, Inc, ~40. Ii~ter~tate ;~or~a~k~w~y COVERAGES ATravelers casuar~Y~ & sure~ty of Amer. c POLICY NUMBER DTCO751K259ATIA99 Per Project 'Aggregate Applies ~TOMOS~LEUABlUIY DT810751K259ATIL99 12/01/,99 12/01/00 ALL QWNEo aU~.O?. ~, ' , ~:':~ ,:~:gmJprehensive: ,. :" ~ON-OWNEB AUTOS C01~lis ion: $500 Deductible COUBI~ED SINGLE LIMI% gl-~* 000'; 0-00 ' PROPERTY DAMAGE A~TO ONLY-EA ACCIDENT OTHER THAN AUTO ONLY: EACH ACCIDENT DTSMCUP751K259ATIL 12/01/99 12/01/00 EACHOCCURRENCE DTVYCHUB751K259A99 12/01/99 12/01/00 STATUTORYLIMIm QT660140D888299 12/01/99 12/01/00 Leased/Rented $1,000,000 Limit Special Perils 000 ble DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS Certificate holder & Dvirka & Bartilucc& are named as additional insured under general liability coverage as respects antenna mapping- Main Road, Peconic, NY Southold Police Dept. 30 DAYBWRFiTENNOTICETOTHECENTB:ICATEHOLDERNAMEDTOTNELEFT. Peconic, NY 11938 [oF ~Y ~ND BPON ~E ~MP~ I~ A~5NTS OR REPRESENTAT~ER. , I ACORD. CERTII HUBBINETTE-COWELL ASSOC)ATES )NC. 1003 PARK BLVD. SUITE 3 MASSAPEQUA PARK NY 11762 ]NSURE~ DVIRKA ~ BAR,TILUCC! CONSULTING ENGINEERS 330,CEO'S, SWAYS PARK DRIVE WOODBURY, NY ~179.7. COVERAGES 516-795-1330 12/1~7/1999 THIS CERTIFICATE IS ISSUED AS A AND CONFERS NO RIGHTS UPON THIS CERTIFICATE DOES NOT AMEND, I THE COVERAGE AFFORDED INSURERS AFFORDING COVERAGE THE POUCIES ~F!~SURANC~ LfS;TED BELOW HAVE BEEN ISSUED TO THE [NSU~RED ~AMED ABOVE FOR THE POl CY PERIOd; INDICATED. NOTWITHSTANDING ANY REQUII~EN1ENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DocUrCI*~NT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN TN E NSURANCE AFFORDED BY THE POLICIES DESCRIBED HEI~EIN f~S SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUOH POi IClES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID NER LTR TYPE OF INSURANCE GENERAL LIABIL[TY A ~( COM~E,RC]~L GENERAL MABILITY [ ~ CLAIMS MADE ~ OCCUR ~1 ~EN'LAGGREGATE LIMIT APPLIES PER PRO- POLICY ~ JECT ~ LOC J AUTOMOBILE LIABILITY A ANYALTO ALL OWNED AUTOS SCHEDULED AUTOS H~RED AUTOS NON-OWNED AUTOS EACH OCCMRRENCE 1,000,000 12SBKGM8957 01/01/2000 01/01/2001 12UENCL8411 01/01/2000 01/01/2001 GARAGE LIABILITY ~ ANY AUTO R/O, xEt~0~074734617 01/0~/2000 A WORKERS COMPENEA33ON AND 12WBEI2312 01/01/2000 EMPLOYERS' LIA BILF~Y OTHER C NYE DISAB]UTY 91233 07/01/96 UNTIL CANCELLED DESCRIPTION OF OPERA13ONS/LOCAT[ONSIVERICLE$1EXCLUSION$ ADDED BY EN DORE EMENT/S PEC[AL PROVISIONS PROOF OF INSURANCE. CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL INSURED. s 1,000,000 BODILY INJURY (Per acCident) ~000;000 01/01/2001 / ....... ~,~ E.L EACH ACCIDENT $ E.L DISEASE- EA ~MPLOYE~$ 5~0.000 E,L D/SEASE - POLICY MMIT~ $ 1 ~0.000 STATUTORY LIMITS .;ERTIFIOA TE HOLDER ADDITIONAL INSURED; INSURER LETTER: TOWN.OF S_OU~HOLD 53095 MAIN STREET SOUTHOLD. NY 11971 ACORD 25-S (7197) CA NCELLATION ' - - SHOULD ANY"OPTHE ABOVE~3ESCRIBED POLICIES BE CANCELLED.~EFOEE THE, EXPI DATE THEREOF, THE ISSUING INSURER REPRESENTATIVES. 1988 e ACORD CO ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER R'I~CORDS MANAGEMENT OFFICER FREEDOM C~F rNFORNIA~ION OFFICER Town I-fall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax [516) 765-1823 Telephone i~16) 7'65-1800 OFFICE OF THE TOWN CLERI~ TOWN OF SOUTHOLD THIS IS TO ,CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD HELD ON MARCH 2. 1999: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs. Supervisor Jean W. Cochran to execute an agreement with Dvirka & Bartilucci Consulting Engineers to provide' professional engineering services required to implement closure of the Southold Landfill. l~iizabeth A. Neville Southold Town Clerk March 2. 1999 1003 Park Boulevard, Suite 3, Massapequa Park, New York 11762-2777 Insurance and Financial Services Tel: (516) 795-1330 · Fax: (516) 795-5101 Emaih info@ hubbinette-cowelLcom December 15, 2004 Town of Southold 53095 Main Street Southold, NY 11971 RE: Dvirka & Bartilucci Consulting Engineers Certificate of Insurance Landfill Closure Design To Whom It May Concern: Enclosed please find your copy of the renewal certificate of insurance issued for our captioned insured for the policy period of January 1, 2005 to January I, 2006. Should you have any questions, please feel free to contact our office. L~oret~Sincerely' ~~ LS/rc Enc. RECEIVED ~FC I 7 2004 Southold Town Clerl~ cc: Richard Hass D&B Job #1314 ACORD. CERTIFICATE OF LIABILITY INSURANCE zz/o[/2oo4 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATrER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE RUBBINETTE-COWELL ASSOC INC HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1003 Park Blvd, #3 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Massapequa Park, NY 11762 ( 516 ) 795 - 1330 INSURERS AFFORDING COVERAGE NAIC# INSURED DVIRKA & BARTILUCCI INSURERA HARTFORD FIRE INS. CO. CONSULTING ENGINEERS ,NBURER B: NATIONAL SURETY CORP. 330 CROSSWAYS PARK DRIVE ,NSUSERC: PAUL REVERE LiFE INS. CO. WOODBURY, NY 11797 ,NSURER D: I INSURER E' ;OVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGOREGATB LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS IhSR ~D'L POLICY EFFECTIVE POLICYEXPIRATION LTR NSRD TYPE OF INSURANCE POLICY NUMBER DATE{MM/DD/YY) DATEiMM/DD/Yy) LIMITS G~ENERAL LIABILITY EACH OCCURRENCE $ 1 · 000 t 000 X COMMERCIALGENERALLIABILITYr_._.i PREUlSES(Eaoccurence) $ 300~,000 CLA[MSMADE ~J OCCUR MEDEXP(Anyoneperson) $ 10 t 000 A 12UUNUI2753 01/01/05 01/01/06 PERSONAL&ADVINJURY $ i1000 ~ 000 -- GENERAL AGGREGATE $ 2 i' 000 ~, 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMP/OPAGG $ 2 ~ 000 I 000 AUTOMOBILE LIABILITY -- COMBINED SINGLE LIMIT ANYAUTO (Eaacci0enl) $ 1, 000~, 000 X ALL OWNEDAUTOS BODiLYiNJURY ~ SCHEDULED AUTOS (Per person) A __X HIRED AUTOS 12UENCL8411 01/01/05 01/01/06 BODILYINJURY ~ NON-OWNEDAUTOS (Per acodem) $ -- PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY - E~, ACCIDENT  ANYAUTO OTHERTHAN EAACC AUTOONLY: AGG $ ~EXCES~UMBRELLAF~iLIASILITY EACH OCCURRENCE $ 5 i 000 i 000 occur b_l CLAIMSMADE AGGREGATE $ S1000d 000 R/O XEK00076179167 01/01/05 01/01/06 E ~ DEDUCTIBLE $ / RETENTION $ WCSTATU- OTH* WORKERSCOMPENSATIONAND I TORYLIMITS t I ER EMPLOYERS' LIABILITY ANY pROPRiETOPJPARTNEi~EXEC[JTiVE E.L.EACHACCIDENT $ 100 1000 A OFFICEPJk4EMBEREXCLUDED? 12WEGV6545 01/01/05 01/01/06 E.L. DISEASE-EAEMPLOYEI $ 5001000 S~ECIAL PROVISIONS below E.L DISEASE - POLICY LIMIT $ 100~ 000 OTHER C NYS DISABILITY 91233 01/01/96 UNTIL STATUTORY LIMITS CANCELED DESCRIPTION OF OPERATIONS .' LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS PROOF OF INSURANCE. CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL INSURED. CERTIFICATE HOLDER CANCELLATION TOWN OF SOUTHOLD SHOULDANYOFTHEABOVEDESCRIBEDPOLICIESBECANCELLEDB~,[~RETHEEXPIRATION~Kn DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRI3~EN 53095 MAIN STREET NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAll RE TO DO BO SHALL SOUTHOLD, NY 11971 IMPOSE NO OBLIGATION ~LIABILITY Of ANY KIND UPON ~HE INSL ER. ITS AGENTS OR REPRESENTATIVES.r ~ ~ ~ . ~ AUTHORIZED REPRESENT J~E ~ AGORD25(2001/08) ©ACORD COF 'ORATION 1988