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HomeMy WebLinkAboutFishers Island Sewer District , RESOLUTION 2008-270 ADOPTED DOC ill: 3664 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-270 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 11,2008: RESOLVED that the Town Board of the Town of South old hereby authorizes and directs Supervisor Scott A. Russell to execute the Proposal between the Town of South old and Diversified Technolol!V Consultants dated Februarv 21, 2008, for enl!ineerinl! services relating to maintenance of the wastewater facilities and compliance with NYS DEC requirements for the Fishers Island Sewer District, subject to the approval of the Town Attorney. PlrAL/t(J."Q--tJ", Elizabeth A. Neville South old Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell SOLUTIONS . dIe LA N D ORIGINAL ENGINEERED STRUCTURES WAT E R February 21, 2008 Supervisor Scott Russell Town Hall, 53095 Route 25 P. O. Box 1179 Southold, New York 11971 RE: Fishers Island Sewer District DTC Proposal No: 08-149-000 Dear Supervisor Russell: We are pleased to provide this proposal for engineering services to assist the Fishers Island Sewer District during the year 2008. We strive to keep the costs of system operation, maintenance, replacement and permitting minimized. Normally, the services include conducting Items I, the Discharge Monitoring and Report which is transmitted to the N.Y.D.E.C. and II, the Operation and Maintenance Review Evaluation and Report which is consistent with DEC requirements. We are also available for on-call services such as SPDES permitting, the annual Certificate, proposed sewer service connections, septage removal supervision if required and requested, and pump station upgrade consultation. We look forward to providing the Sewer District and Town of Southold the following continued services. A. The scope of work includes the following: I. Preparation ofa Discharge Monitoring Report (DMR) and submitted to the N.Y.D.E.C. The scope for each report includes flow measurements at the pump station, investigation and measurements of sludge and wastewater depths at the community leaching fields, office evaluations, report preparation and coordination with the sewer district representatives. Mr. Harold Cook, The New York DEC, and the District DEC at Riverhead. We are assuming herein that the DMR report requirements will be the same as they were in 2007. II. Operation and Maintenance Evaluation and Report. Conduct evaluation of maintenance of the sewers, the pump station, the community leaching systems and the wet well. DTC will conduct pump test to determine the efficiency of the pumps and potential replacement requirements. In addition, the electrical controls, the valving, generator and all other operations of the pump station will be reviewed. The sludge will be monitored in all tanks. DTC will keep records of all operations; submit and prepare field reports. Review proposed cost estimates for repairs by Harold's Construction Company. DIVERSIFIED TECHNOLOGY 556 WASHINGTON AVENUE NORTH HAVEN CT 06473 CONSULTANTS 203 239 4200 2032347376 FAX Supervisor Scott Russell Febrtlmy 21,2008 Page 2 DTC wil1 conduct office work to evaluate the field data and prepare an annual operation and maintenance report for distribution to the Town of Southold, The Sewer District and Harold's Construction Company. Conduct of septage measurements, flow measurements, and other maintenance items will comply with N.Y.D.E.c' requirements, III. Identify and estimate the cost of long term improvements to the system to prolong the life of the pump station and community-leaching field. As discussed, a sinking fund should be set up for both of these items. IV. Provide "on cal1" services as requested and authorized to evaluate short term problems and solutions to problems which occur on occasion such as clogged sewers, valve failures, control failures, pump failures, generator failures, septage sampling and disposal and component replacement review contracts and other documents required by the N.YD.E.c' Consult with the sewer district regarding cost of repairs, replacements or upgrades. Advise the district regarding proposed sewer connections. Discuss the requirements for sewer connection with applicants on behalf of the Sewer District V. Update permits (ifrequired). B. Information required 1. We have most of the files on hand 2, We will need copies of invoices from the ContractoL C. Fees We propose to conduct the Item I, DMR for a lump sum fee of $2,500, including expenses, assuming the N.Y.DEc' DMR requirements have not changed. We propose to conduct Item II for a lump sum of $3,900.00. Item III completed estimate for long term improvements. They are in design. We propose to conduct work if needed and authorized under Item IV based on labor and direct expenses not to exceed $3,0.00 (See the enclosed Schedule A and Schedule D), Item IV. It is unlikely that a new permit or permits wil1 be required. If they are required, a separate proposal based on the permit requirements wil1 be presented. The enclosed Terms and Conditions, Schedule A and Schedule B are part and parcel to this agreement We are pleased to have the opportunity to submit this proposal and wil1 ful1y utilize our experience and time on the Island to your benefit Supervisor Scott Russell February 21. 2008 Page 3 We have enclosed two original proposal letters and ask that you please indicate your authorization for DTC to proceed with the work as described by signing below and returning one letter to us. If you have any questions regarding this proposal, please feel free to call me at (203) 239-4200. Sincerely, DIVERSIFIED TECHNOLOGY CONSULTANTS Michael A. Home, M.S., P.E. Associate and Manager, Special Projects Enclosures: Terms and Conditions Schedule A Schedule B pc: The Honorable Louisa Evans, Fishers Island, New York The above proposal is offered and accepted and DTC is authorized to proceed. For DIVERSIFIED TECHNOLOGY CONSULTANTS, me. L.~/ Date: '2. \26108 Murali Atlum, Ph.D., P.E. Chairman and CEO For SOUTHHOLD, NEW YORK AND THE FISHERS ISLAND SEWER DISTRICT Date: :3 /,3/,,8 t I Supe SI0814'l Fishers Island\Letlers\02-21-08 RussellProposal-l.doc DIVERSIFIED TECHNOLOGY CONSULTANTS, INC. (DTC) STANDARD TERMS AND CONDITIONS FOR - JANUARY 1,2008 TO DECEMBER 31,2008 Proposal No: 08-149-000 1. Hourly Rate Fees For Professional Services Hourly rate fees for professional services, when applicable, are based on the time worked on the project by company personnel in accordance with the attached Schedule A. In the event of any increase of costs due to the granting of wage increases and/or other employee benefits to field or office employees due to the terms of any labor agreement, or rise in the cost of living, during the lifetime of this agreement, such percentage increase shall be applied to all remaining compensations as of each January I". 2. Reimbursable Expenses The items of direct non-salary expenses will be billed as per the attached Schedule D, if applicable. 3. Invoices Invoices will be submitted once a month for services performed during the previous month unless alternate payment schedules are agreed upon in writing. Payment will be due within 30 days of invoice date. Interest will be added to accounts in arrears at the rate of one & one-half (1 .5) percent per month (18% per annum) or the maximum rate allowed by law, whichever is less, of the outstanding balance. In the event we file suit to enforce overdue payments, you will reimburse us for all court costs & reasonable attorneys' fees. Connecticut sales tax of 6% will be charged wherever applicable. Final Payment for contracted services, however, is due upon delivery of service. The CLIENT herewith acknowledges DTC's right to withhold delivery of the service until final payment is rendered. 4. Services of Others On occasion, DTC will engage in the specialized services of individual consultants or other companies to participate in a project. When considered necessary, these firms or other consultants will be used with your approval. The cost of such services plus a 10% service charge will be included in our inVOice. 5. On-Site Services During Project Construction Should DTC's services be provided on the job site during project construction, it is understood that, in accordance with generally accepted construction practices, the contractor will be solely and completely responsible for working conditions on the job site, including safety of all persons and property during the performance of the work, and compliance with OSHA regulations, and that these requirements will apply continuously and not be limited to normal working hours. Any monitoring of the contractor's performance conducted by DTC personnel is not intended to include review of the adequacy of the contractor's safety measures in, on or near the construction site. It is further understood that field services provided by DTC personnel will not relieve the contractor of his responsibilities for performing the work in accordance with the plans and specifications. Construction Observation - DTC personnel shall visit the site at intervals appropriate to the stage of construction, or as otherwise agreed to in writing by the Client and DTC, in order to observe the progress and quality of the Work completed by the Contractor. Such visits and observation are not intended to be an exhaustive check or a detailed inspection of the Contractor's work but rather are to allow DTC, as an experienced professional, to become generally familiar with the Work in progress and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. DTC personnel shall not supervise, direct or have control over the Contractor's work nor have any responsibility for the construction means, methods, techniques, sequences or procedures selected by the Contractor nor for the Contractor's safety precautions or programs in connection with the Page I DIVERSIFIED TECHNOLOGY CONSULTANTS, INC. (DTC) STANDARD TERMS AND CONDITIONS FOR - JANUARY 1,2008 TO DECEMBER 31,2008 Work. These rights and responsibilities are solely those ofthe Contractor in accordance with the Contract Documents. DTC personnel shall not be responsible for any acts or omissions of the Contractor, subcontractor, any entity perfonning any portions of the Work, or any agents or employees of any of them. DTC personnel does not guarantee the performance of the Contractor and shall not be responsible for the Contractor's failure to perfonn its Work in accordance with the Contract Documents or any applicable laws, codes, rules or regulations. 6. Ownership of Documents All reports, field data notes, laboratory test data, calculations, estimates, electronic files and other documents including, but not limited to, plans and specifications which we prepare as instruments of service shall remain our property. You agree that all instruments of service and other work we furnish you or your agents, which are not paid for, will be returned upon demand and will not be used for any purpose whatsoever. Under no circumstances shall delivery of the instruments of service for use by the Client be deemed a sale by DTC, and DTC makes no warranties, either express or implied, of merchantability and fitness for any particular purpose. In no event shall DTC be liable for indirect or consequential damages as a result of the Client's use or reuse of the instruments of service. 7. Standard of Care In accepting this agreement for services, you acknowledge the inherent risks associated with construction. In perfonning our professional services, we will use that degree of care and skill ordinarily exercised, under similar circumstances by members of the profession practicing in the same or similar locality. DTC makes no warranty, express or implied, as to its professional services rendered under this Agreement. 8. Clients Responsibilities Provide full infonnation in writing as to CLIENT's requirements for the Project, including design objectives and constraints, capacity and perfonnance requirements, flexibility and expendability, and any budgetary limitations; and furnish copies of all design and construction standards, which CLIENT will require to be included in the Drawings and Specifications. DTC may use such information, requirements, reports, data, surveys and instructions in perfonning its services and is entitled to rely upon the accuracy and completeness thereof. Make available to DTC all infonnation pertinent to the Project, including previous reports and any other data relative to survey and design of the Project. Unless otherwise agreed, you will furnish right-of- entry at the site for us to make our surveys and other explorations. We will take reasonable precautions to minimize damage to the site from use of equipment, but have not included in our fee the cost for restoration of damage that may result from our operations. If we are required to restore the site to its fonner condition, this will be accomplished and the cost will be added to our fee. Designate in writing a person to act as CLIENT's representative with respect to the services to be rendered for this work. Such person shall have complete authority to transmit instructions, receive infonnation, interpret and define CLIENT's policies and decisions with respect to materials, equipment, elements and systems pertinent to DTC's services. Give prompt written notice to DTC whenever CLIENT observes or otherwise becomes aware of any development that affects the scope or timing of DTC's services. The client shall pay the costs of checking and inspection fees, zoning and annexation application fees, assessment fees, soils engineering fees, soils testing fees, aerial topography fees, and all other fees, penn its, bond premiums, total company charges, blueprints and reproductions, and all other charges not specifically covered by the tenns of this agreement. Page 2 DIVERSIFIED TECHNOLOGY CONSULTANTS, INC. (DTC) STANDARD TERMS AND CONDITIONS FOR - 9. Indemnification JANUARY 1,2008 TO DECEMBER 31,2008 The CLIENT agrees to incorporate and extend into any subsequent contracts for construction arising from this agreement indemnification for DTC and its sub-consultants and employees from all and any claims, damages, losses, and expenses including attorneys' fees arising from any negligent acts or omissions by the contractor, subcontractors or any of their employees. The Client, its officers, directors and employees (collectively, Client) agrees, to the fullest extent permitted by law, to indemnifY and hold harmless DTC, its officers, directors, employees and subconsultants (collectively, Consultant) against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, to the extent caused by the Client's negligent acts in connection with the Project and the acts of its contractors, subcontractors or consultants or anyone for whom the Client is legally liable. Neither the Client nor DTC shall be obligated to indemnifY the other party in any manner whatsoever for the other party's own negligence. 10. Limitation of Liability For any damage or costs resulting from error, omission, or other professional negligence in the performance of our services, the liability of DTC to all claimants will be limited to an aggregate sum not to exceed $250,000 or our fee for professional services as computed from the first paragraph of this schedule, whichever is greater. DTC shall not be liable for damages resulting from the actions or in-actions of governmental agencies, and governmental relations. 11. Additional Work DTC's services covered by this agreement are accomplished by performing the work necessary to complete the said services in accordance with standard accepted practices, the agreed upon scope of work, and the rules and regulations governing the work. In the event that there is a change in the scope of work dictated by either the CLIENT, reviewer or governmental agencies, this change in scope will be considered additional work and shall be paid for by the CLIENT in addition to the contract fee and shall be paid for on a cost plus basis. Post submittal comments from governmental agencies and requested by the CLIENT which constitute a change or an addition to a policy, standard, or the agreed upon project concept, is considered a change in scope and work performed to evaluate, respond to or execute these changes is considered additional work. 12. Field Work In the event that any staking or other field work performed by DTC or its agents is destroyed by an act of God or parties other than DTC surveyors, the cost of re-doing the field work shall be paid by CLIENT as extra work, on a cost plus basis, provided such work is authorized by CLIENT. 13. Insurance We are protected by Workmen's Compensation Insurance, Professional Liability Insurance and by General Liability Insurance. We will furnish information and certificates at your request. As design professionals we are hired for our skill. The level at which we perform is governed by matters implicit in law therefore, the CLIENT agrees to hold harmless, indemnifY and defend DTC from and against any and all claims for any loss, damage or liability, other than those due to our own acts of negligence, beyond the amounts, limits, and conditions of such insurance. We will not be responsible for any loss, damage, or liability arising from your negligent acts, errors and omissions and those by your staff, consultants, contractors, and agents or from those of any person for whose conduct we are not legally responsible. 14. Asbestos It is understood and agreed that the handling or removal of asbestos or asbestos products involves certain health risks which require specific safety measures. DTC shall not be responsible for safety and safety measures on the job, including measures Page 3 DIVERSIFIED TECHNOLOGY CONSULTANTS, INC. (DTC) STANDARD TERMS AND CONDITIONS FOR - JANUARY 1,2008 TO DECEMBER 31,2008 for the protection of employees of contractors or subcontractors, nor for the protection of the general public. Such responsibility for safety and safety measures is, and shall remain, that of the contractor. For services involving or relating to the removal or encapsulation of asbestos as part ofthis agreement, it is further agreed the client shall indemnifY and hold harmless DTC and their consultants, agents and employees from and against all claims, damages, losses, and expenses, direct or consequential damages, including but not limited to fees and charges of attorneys and court and arbitration costs arising out of or resulting from the performance of the work by DTC or claims against DTC arising from the work of others related to asbestos activities. 15. Hazardous Waste It is understood and agreed that in seeking the professional services of DTC under this agreement the CLIENT may be requiring DTC to undertake uninsurable obligations for the client's benefit involving the presence or potential presence of hazardous substances. Therefore, the CLIENT agrees to hold harmless, indemnifY and defend DTC from and against any and all claims for any losses, damages, liability and costs, including, but not limited to, costs of defense arising out of or in any way connected with the presence, discharge, release, or escape of contaminants of any kind. 16. Samples All samples will be discarded 30 days after submission of our report, unless the Client advises DTC otherwise. Upon your request, we will ship or deliver the samples C.O.D. or store them for you for an agreed storage charge. TESTING LABORATORY SERVICES - It is acknowledged that DTC has been requested by the Client to subcontract certain laboratory testing services on behalf ofthe Client to name oflab, an independent testing laboratory. DTC agrees to do so in reliance upon the Client's assurance that the Client will make no claim or bring any action at law or in equity against DTC as a result ofthis subcontracted service. The Client understands that DTC has not ,-",' performed any independent evaluation of the testing laboratory's data and the Client shall not rely upon DTC to determine the quality or reliability of the testing laboratory's reports. In addition, the Client agrees, to the fullest extent permitted by law, to indemnifY and hold DTC harmless from any damages, liabilities or costs, including reasonable attorneys' fees and defense costs, arising from the services performed by {name of lab} except only those damages, liabilities or costs caused by the sole negligence or willful misconduct ofDTe. 17. Warranty of Authority to Sign The person signing this contract warrants he has authority to sign as, or on behalf of, the CLIENT. If such person does not have such authority, he agrees that he is personally liable for all breaches of this contract and that in any action against him for breach of such warranty, a reasonable attorney's fee shall be included in any judgment rendered. 18. Termination or Suspension of Agreement This agreement may be terminated by either party upon receipt of written notice. In the event all or any portion of the work prepared or partially prepared by DTC be suspended, abandoned or terminated, the CLIENT shall pay DTC all fees and charges for services rendered for the project not to exceed any contract limit specified herein regardless of the number of final documents completed. 19. Fee Non-Contingent Payment of invoices arising out of the performance of the work under this agreement is not contingent upon receipt of payment or fees, grants, awards, etc. by the CLIENT under any other agreement and shall not be subject to any claims or delays arising out of any other agreement. 20. Amendment or Modification These STANDARD TERMS AND CONDITIONS, SCHEDULE A, SCHEDULE 0, and other Attachments, when referenced in the Letter of Proposal, shall together with the Letter of Proposal constitute the entire understanding between the Page 4 DIVERSIFIED TECHNOLOGY CONSULTANTS, INC. (DTC) STANDARD TERMS AND CONDITIONS FOR JANUARY 1,2008 TO DECEMBER 31,2008 parties and may not be amended or modified except by instrument in writing signed by both parties. 21. Dispute Resolution MEDIATlON In an effort to resolve any conflicts that arise during the design and construction of the Project or following the completion of the Project, the Client and OTC agree that all disputes between them arising out of or relating to this Agreement or the Project shall be submitted to nonbinding mediation unless the parties mutually agree otherwise. The Client and OTC further agree to include a similar mediation provision in all agreements with independent contractors and consultants retained for the Project and to require all independent contractors and consultants also to include a similar mediation provision in all agreements with their subcontractors, subconsultants, suppliers and fabricators, thereby providing for mediation as the primary method for dispute resolution between the parties to all those agreements. STEPPED DISPUTE RESOLUTION In the event of a dispute arising out of or relating to this Agreement or the services to be rendered hereunder, the Client and OTC agree to attempt to resolve such disputes in the following manner: First, the parties agree to attempt to resolve such disputes through direct negotiations between the appropriate representatives of each party. Second, if such negotiations are not fully successful, the parties agree to attempt to resolve any remaining dispute by formal nonbinding mediation conducted in accordance with rules and procedures to be agreed upon by the parties. Third, if the dispute or any issues remain unresolved after the above steps, the parties agree to attempt resolution by submitting the matter to arbitration. END OF TERMS AND CONDITIONS - Page 5 - SCHEDULE A 2008 SCHEDULE OF FEES DIVERSIFIED TECHNOLOGY CONSULTANTS YEAR 2008 HOURLY BILLING RATES CLASSIFICATION Principal Senior Project Manager Project Manager Project Engineer Project Landscape Architect Engineer/Planner/Designer L.E.P. $ 190.00 $ 175.00 $ 150.00 $ 130.00 $ 130.00 $ 11 0.00 $ 145.00 $ 110.00 $ 95.00 $ 125.00 $ 120.00 $ 95.00 $ 85.00 $ 65.00 $ 55.00 $ 40.00 Environmental Scientist Technician / CADD Construction Manager Construction Engineer Sr. Construction Representative / Sr. Field Engineer Construction Representative Admin. Typist Messenger Nonexempt personnel are required to be paid 1.5 times their hourly rate if required to work overtime. Out of ordinary Direct Expenses will be billed in accordance with the attached sheet. A 10% administrative charge will be added on all subcontracts and sub-consultants. Invoices will be submitted once a month for services performed during the previous month. Payment will be due within 30 calendar days of the invoice date. Interest charges of 1.5% per month will be applied to unpaid invoices over 30 days. "Rate table is subject to change at year-end - SCHEDULE B 2008 DIRECT EXPENSES RATE SCHEDULE DIVERSIFIED TECHNOLOGY CONSULTANTS Transportation Mile COSTIUNIT YEAR 2008 $ 0.485* $ 0.50/sf $ 125.00 $ 0.25 $ 1.00 $ 18.00 $ 29.00 ITEM UNIT Printing/Plotting Fixed line Mylar Square Foot Sheet In-House Copying Photographs Overnight Mail: Letter Overnight Mail: Roll of Maps Expert Testimony for Deposition! Arbitration or Court Testimony (Minimum): Minimum Full Day Page Each Each $1,000.00 $2,000.00 A 10% administrative charge will be added on all Direct Expenses. Any other equipment that is required for a particular project will be billed at the rental cost plus 10% administrative charge. Any other out-of-pocket expense including but not limited to airfares, car rentals, hotel charges, etc. will be billed at the actual cost plus 10% administrative charge. *Current IRS Approved Standard Mileage Rate Rate table is subject to change at year-end