HomeMy WebLinkAboutFI Sewer DistrictSouthold Town Board - Letter Board Meeting of April 20, 2010
RESOLUTION 2010-305
ADOPTED
Item # 5.13
DOC ID: 5866
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-305 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
APRIL 20, 2010:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute the Proposal between'the Town of Southold and
Diversified Technology Consultants dated April 6~ 2010 for engineering services relating to
maimenance of the wastewater facilities and compliance with NYS DEC requirements for the
Fishers Island Sewer District, subject to the approval of the Town Attomey.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William Ruland, Councilman
SECONDER: Louisa P. Evans, Justice
AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell
Generated April 21, 2010 Page 22
ENGINEERED
SOLUTIONS
LAND
STRUCTURES
WATER
ORIGINAL
April 6, 2010
Supervisor Scott Russell
Town Hall, 53095 Route 25
P. O. Box 1179
Southold, New York 11971
RE:
Fishers Island Sewer District
DTC Proposal No: 10-189-100
Dear Supervisor Russell:
We are pleased to provide this proposal for engineering services to assist the Fishers Island
Sewer District during the year 2010. We strive to keep the costs of system operation,
maintenance, replacement and permitting minimized. As you know, we upgraded the system
during 2008.
Normally, the services include conducting Items I, the Discharge Monitoring and Report which is
transmitted to the NY.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 leach field upgrade consultation.
We look fo~vard to providing the Sewer District and Town of Southold the following continued
services.
A. The scope of work includes the following:
I. Preparation of a 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 during 2008.
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. DTC will assist to assure responses
to operation and maintenance problems with the generator and/or pumps, and
assess maintenance of the leach field. Review proposed cost estimates for repairs
by Harold's Construction Company.
2321 WHITNEY AVENUE HAMDEN CENTER II HAMDEN CT 06518
203 239 4200 PH 203 234 7376 FAX
Supervisor Scott Russell
April 6, 2010
Page 2
It should be noted that the pump tests are recorded and reviewed by DTC for long
term pump capacity testing.
DTC will 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 call" 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 NY.D.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 connections with applicants on
behalf of the Sewer District. This scope does not include identifying suitable sewers
for proposed building connections, nor does it include detailed reviews of site plans
for sewer connections and stormwater elimination.
V. Update permits (if required).
B. Infonmation required
1. We have most of the files on hand
2. We will need copies of invoices by the Contractors.
C, Fees
We propose to conduct the Item I, DMR for a lump sum fee of $2,600, including expenses,
assuming the NY.D.E.C. DMR requirements have not changed.
We propose to conduct Item II for a lump sum of $3,900.00.
Item III is completed estimate for long term improvements. Some have been designed.
We propose to conduct work if needed and authorized under Item IV based on labor and direct
expenses not to exceed $3,500.00 (See the enclosed Schedule A and Schedule B).
Item IV. It is unlikely that a new permit or permits will be required. If they are required, a
separate proposal based on the permit requirements will be presented.
The enclosed Schedule A and Schedule B, and Terms and Conditions are part and parcel to
this agreement.
Supervisor Scott Russell
April 6, 2010
Page 3
We are pleased to have the opportunity to submit this proposal and will fully utilize our
experience and time on the Island to your benefit.
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,
Michael A. Home, M.S., P.E.
Diversified Technology Consultants, Inc.
Enclosure: Schedules A & B
Terms & Conditions
cc: Honorable Louisa Evans, Fishers Island, N.Y.
The above proposal is offered and accepted and DTC is authorized to proceed.
For DIVERSIFIED TECHNOLOGY CONSULTANTS, INC.
/~/~,~ ~ ~:~~ ) [~_., ~Date:
Murali Atluru, Ph.D., P.E. ' ~
Chairman and C.E.O.
For TOWN OF SOUTHHOLD, NEW YORK AND THE FISHERS ISLAND SEWER DISTRICT
-~ ~?/_~Z2/'~ ~/ Date:
Sup~rv~sor Scot} Russell
CLASSIFICATION
SCHEDULE A
20t0 SCHEDULE OF FEES
DIVERSIFIED TECHNOLOGY CONSULTANTS
YEAR 20t0
HOURLY BILLING RATES
Principal
Senior Project Manager
Project Manager
Senior Engineer
Project Engineer
Project Landscape Architect
Engineer/Planner/Designer
L.E.P.
Environmental Scientist
Technician / CADD
Construction Manager
Construction Engineer
Sr. Construction Representative / Sr. Field Engineer
Construction Representative
Admin,
Typist
Messenger
$ 190.00
$ 175.00
$ 150.00
$ 140.00
$ 130.00
$ 130.00
$ 110.00
$ 150.00
$ 115.00
$ 95.00
$ 135.00
$ 120.00
$ 95.00
$ 85.00
$ 65.00
$ 55.00
$ 40.00
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. k,[=,~J,t ..:.o,~o u~ ;.5% p=, .,v,~.h
~', p~i'~a~t~ ;m2?!d !-,,e!ce~- e':cr 30
*Rate table is subject to change at year-end
ITEM
SCHEDULE B
2010 DIRECT EXPENSES RATE SCHEDULE
DIVERSIFIED TECHNOLOGY CONSULTANTS
COST/UNIT
UNIT YEAR 20t0
Transportation Mile $ 0.50*
Printing/Plotting Square Foot $ 0.50/sf
Fixed line Mylar
Sheet $ 125.00
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 $ 0.25
Each $ 1.00
Each $ 18.00
$ 29.00
$1,000.00
$2,000.00
A 10 Yo 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
DIVERSIFIED TECHNOLOGY CONSULTANTS, INC. (DTC)
STANDARD TERMS AND CONDITIONS
FOR
JANUARY 1, 2010 TO DECEMBER 31, 2010
Proposal No.: 10-189-100
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 1st.
2. Reimbursable Expenses
The items of direct non-salary expenses will be
billed as per the attached Schedule B, 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. ~
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tax of 6% will be charged wherever applicable.
Final Payment for contracted se~ices,
however, is due upon delive~ of se~ice. The
CLIENT herewith acknowledges DTC's right to
withhold delive~ of the sewice 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.
Page 1
DIVERSIFIED TECHNOLOGY CONSULTANTS, INC. (DTC)
STANDARD TERMS AND CONDITIONS
FOR
JANUARY 1, 2010 TO DECEMBER 31, 2010
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 work. These rights and
responsibilities are solely those of the
Contractor in accordance with the Contract
Documents.
DTC personnel shall not be responsible for any
acts or omissions of the Contractor,
subcontractor, any entity performing 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 perform 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 performing 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 information in writing as to
CLIENT's requirements for the Project,
including design objectives and constraints,
capacity and performance 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
performing its services and is entitled to rely
upon the accuracy and completeness thereof.
Make available to DTC all information 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 former
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 information, interpret and
define CLIENT's policies and decisions with
Page 2
DIVERSIFIED TECHNOLOGY CONSULTANTS, INC. (DTC)
STANDARD TERMS AND CONDITIONS
FOR
JANUARY I, 2010 TO DECEMBER 31, 2010
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, permits, bond premiums, total
company charges, blueprints and
reproductions, and all other charges not
specifically covered by the terms of this
agreement.
9. Indemnification
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,
t O. 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 er--eb~
DTC shall not be liable for damages resulting
from the actions or in-actions of governmental
agencies, and governmental relations.
t t. 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.
Page 3
DIVERSIFIED TECHNOLOGY CONSULTANTS, INC. (DTC)
STANDARD TERMS AND CONDITIONS
FOR
JANUARY 1, 2010 TO DECEMBER 3'1, 20'10
13. Insurance
15. Hazardous Waste
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 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 of this
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.
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 of the Client to name
of lab, 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 of this 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 of DTC.
Page 4
DIVERSIFIED TECHNOLOGY CONSULTANTS, INC. (DTC)
STANDARD TERMS AND CONDITIONS
FOR
JANUARY 1, 2010 TO DECEMBER 31, 2010
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 B,
and other Attachments, when referenced in the
Letter of Proposal, shall together with the Letter
of Proposal constitute the entire understanding
between the parties and may not be amended
or modified except by instrument in writing
signed by both parties.
21. Dispute Resolution
MEDIA TION
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 DTC agree that ail
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 DTC 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 DTC 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