HomeMy WebLinkAboutPW Grosser Consulting, Inc~ RESOLUTION 2012-745
~ ADOPTED DOC ID: 8165
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-745 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 9, 2012:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and
P.W. Grosser Consulting~ Inc, in connection with their Proposal dated August 20~ 2012~ to
remediate and abandon an Underground Iniection Control Sanitary. System located at
68775 Route 25 in Greenporh subject to the approval of the Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUSI
MOVER: Louisa P. Evans, Justice
SECONDER: Christopher Talbot, Councilman
AYES: Ruland, Talbot, Krupski Jr., Evans, Russell
ABSENT: Jill Doherty
ORIGINAL
AGREEMENT
THIS AGREEMENT, entered into this ~ day of E)~'~>~, 2012, by and between the Town of
Southold ("the Town"), a municipal corporation organized and existing under the laws of the State of
New York with offices at 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, and
P.W. Grosser Consulting, Inc. (the "Contractor"), with an address at 630 Johnson Avenue, Suite 7,
Bohemia, New York 11716.
WITNESSETH:
The Town and the Contractor, for the consideration hereinafter named, agree as follows:
ARTICLE 1. WORK TO BE DONE AND CONSIDERATION THEREFOR
The Contractor shall perform the following:
Remediate and abandon an Underground Injection Control (UIC) sanitary system located at 68775
Route 25 in Greenport, New York, in accordance with all requirements of the Suffolk County
Department of Health Services.
The above mentioned shall be performed in accordance with the Revised Proposal for Underground
Injection Control Structure CUIC) Remediation, 68775 Route 25, Greenport, New York (PWGC
Proposal #: 12LP307) prepared by P.W. Grosser Consulting and dated August 20, 2012, a copy of
which is attached hereto and made a pan hereof.
The above-referenced work shall not exceed a total of $10,523.00. No additional work shall be
performed unless approved by the Town Board in accordance with paragraph 7 of the
Procurement Policy.
ARTICLE 2. TIME OF COMPLETION
The services to be rendered under this Contract shall be completed no later than October 31, 2012.
Time of performance is of the essence of this Agreement.
ARTICLE 3. ACCEPTANCE AND FINAL PAYMENT
Upon receipt of written notice that the Contract has been fully performed and an inspection by the
Town Engineer to certify that the work has been completed to the satisfaction of the Town, the
Contractor shall file with the Town Comptroller an itemized voucher and the Town will pay the
Contractor based on the items completed as per the attached proposal.
ARTICLE 4. CONTRACTOR'S INSURANCE
The Contractor shall not commence work under this Contract until it has obtained all insurance
required under this paragraph and such insurance has been approved by the Town.
-1-
(a) Compensation Insurance: The Contractor shall take out and maintain during the life of
this Contract Workers' Compensation Insurance for its employees to be assigned to the work
hereunder.
(b) Insurance: The Contractor shall take out and maintain during the life of this Contract
such general liability, property damage, and commercial auto liability insurance as shall protect it
from claims for damages for personal injury, including accidental death, as well as from claims for
property damage which may arise from operations under this Contract. The amounts of such
insurance shall be as follows:
General liability insurance in an amount not less than $1,000,000 for injuries,
including wrongful death to any one person and subject to the same limit for each person, in an
amount not less than $2,000,000 on account of any one occurrence.
Property damage insurance in an amount not less than $300,000 for damage on account
of all occurrences.
Commercial auto liability insurance in an amount not less than $500,000 for damage on
account of all occurrences.
The Contractor shall furnish the above insurances to the Town and shall also name the
Town as an additional named insured in said policies.
(c) Any accident shall be reported to the office of the Town Clerk as soon as possible and
not later than twenty-four (24) hours from the time of such accident. A detailed written report must
be submitted to the Town as soon thereafter as possible and not later than three (3) days after the date
of such accident.
ARTICLE 5. REPRESENTATIONS OF CONTRACTOR
The Contractor represents and warrants:
(a) That it is financially solvent and that it is experienced in and competent to perform the
type of work to be fumished by it; and
(b) That it is familiar with all federal, state, municipal and department laws, ordinances and
regulations which may in any way affect the work or those employed therein.
ARTICLE 6. PERMITS AND REGULATIONS
The Contractor shall comply with all permits issued to the Town in connection with the services
furnished under this Agreement.
-2-
ARTICLE 7. TOWN'S RIGHT TO STOP WORK OR TERMINATE CONTRACT
The Town shall have the right to stop work or terminate the Contract if:
(a) The Contractor is adjudged bankrupt or makes an assignment for the benefit of creditors;
or
(b) A receiver or liquidator is appointed for the Contractor or for any of its property and is
not dismissed within 20 days after such appointment or the proceedings in connection therewith are
not stayed on appeal within the said 20 days; or
(c) The Contractor refuses or fails to prosecute the work or any part thereof with due
diligence; or
(d) The Contractor fails to make prompt payment to persons supplying labor for the work; or
(e) The Contractor fails or refuses to comply with all applicable laws or ordinances; or
(f) The Contractor is guilty of a substantial violation of any provision of this Contract; or
(g) The Town's execution and participation in this contract is found to be in violation of an
existing collective bargaining agreement.
In any event, the Town, without prejudice to any other rights or remedies it may have, may,
with our without cause, by seven (7) days' notice to the Contractor, terminate the employment of the
Contractor and its right to proceed as to the work. In such case, the Contractor shall not be entitled to
receive any further payment beyond what is owed in quantum meruit.
ARTICLE 8. DAMAGES
It is hereby mutually covenanted and agreed that the relation of the Contractor to the work to be
performed by it trader this Contract shall be that of an independent contractor. As an independent
contractor, it will be responsible for all damage, loss or injury to persons or property that may arise in
or be incurred during the conduct and progress of said work, whether or not the Contractor, its agents,
or employees have been negligent. The Contractor shall hold and keep the Town free and discharged
of and from any and all responsibility and liability of any sort or kind. The Contractor shall assume
all responsibility for risks or casualties of every description, for loss or injury to persons or property
arising out of the nature of the work, from the action of the elements, or from any unforeseen or
unusual difficulty. The Contractor shall make good any damages that may occur in consequence of
the work or any part of it. The Contractor shall assume all blame, loss and responsibility of any
nature by reason of neglect or violation of any federal, state, county or local laws, regulations or
ordinances.
ARTICLE 9. INDEMNITY AND SAVE HARMLESS AGREEMENT
The Contractor agrees to indenmify and save the Town, its officers, agents and employees harmless
from any liability imposed upon the Town, its officers, agents and/or employees arising from the
negligence, active or passive, of the Contractor and from and against any damages, claims, or
expenses, including reasonable attorneys' fees, arising out of Contractor's breach of the Agreement
or from Contractor's acts or omissions outside the scope of the Agreement or arising out of claims or
actions by third parties against Contractor by virtue of its performance of this Agreement.
ARTICLE 10. NO ASSIGNMENT
In accordance with the provisions of Section 109 of the General Municipal Law, the Contractor is
hereby prohibited from assigning, transferring, conveying, subletting or otherwise disposing of this
Agreement, or of its right, title or interest in this Agreement, or its power to execute this Agreement,
to any other person or corporation without the previous consent in writing of the Town.
ARTICLE 11. REQUIRED PROVISIONS OF LAW
Each and every provision of law and clause required by law to be inserted in this Contract shall be
deemed to have been inserted herein. If any such provision is not inserted, through mistake or
otherwise, then upon the application of either party, this Contract shall be physically amended
forthwith to make such insertion. In particular, the Contractor shall, among other things, fully comply
with:
(a) Labor Law Section 220-e and Executive Law Sections 291-299 and the Civil Rights Law
relating to prohibition against discrimination and providing equal opportunity.
(b) Affirmative action as required by the Labor Law.
(c) Prevention of dust hazard required by Labor Law Section 222-a.
(d) Preference in employment of persons required by Labor Law Section 222.
(e) Eight-hour workday as required by Labor Law Section 220(2).
ARTICLE 12. PREVAILING WAGE RATES REQUIRED BY LAW
(a) The parties hereto, in accordance with the provisions of Section 220(3) of the Labor Law,
hereby agree that there shall be paid each employee engaged in work under this Contract not less than
the wage rate and supplements set opposite the trade or occupation in which he/she is engaged, as per
the prevailing wage rate schedule for this project (PRC# 2012002215) which can be accessed on the
New York State Department of Labor website and is made a part of this Agreement, which are the
wage rates and supplements established as the prevailing rate of wages for the work covered by this
Contract.
(b) Labor classifications not appearing on the schedule of wages can be used only with the
consent of the Owner and then the rate to be paid will be given by the Owner after being advised by
the Department of Labor.
(c) The Contractor shall post in a prominent and accessible place on the site of the work a
legible statement of all Wage rates and supplements, as specified in the Contract, for the various
classes of mechanics, workingmen/women, or laborers employed for the work.
-4-
ARTICLE 13. ARBITRATION
Should any dispute arise between the Town and the Contractor regarding the manner or sufficiency of
the performance of the work, the disputed matter shall be settled by arbitration in accordance with the
laws of the State of New York. There shall be three arbitrators, one of whom shall be selected by
each of the parties hereto, and the third by the two arbitrators so selected. If the selection of any
arbitrator is not made within fifteen (15) days of the time that either party has notified the other of the
name of the arbitrator it has selected, then the arbitrator or arbitrators not selected shall be appointed
in the manner provided by the laws of the State of New York. The work shall not be interrupted or
delayed pending such decision.
ARTICLE 14. AUTHORITY FOR EXECUTION ON BEHALF OF THE TOWN
The Supervisor has executed this Agreement pursuant to a Resolution adopted by the Town Board of
the Town of Southold, at a meeting thereof held on September 11, 2012. Scott A. Russell, Supervisor,
whose signature appears hereafier, is duly authorized and empowered to execute this instrument and
enter into such an Agreement on behalf of the Town. This instrument shall be executed in duplicate.
At least one copy shall be permanently filed, after execution thereof, in the office of the Town Clerk,
Elizabeth A. Neville.
ARTICLE 15. NOTICES
Any and all notices and payments required hereunder shall be addressed as follows, or to such other
address as may hereafter be designated in writing by either party hereto:
To Town:
Elizabeth A. Neville, RMC, CMC
Southold Town Clerk
PO Box 1179
Southold, NY 11971-0959
To Contractor:
John Eichler, Project Manager
P.W. Grosser Consulting, Inc.
630 Johnson Avenue, Suite 7
Bohemia, NY 11716
ARTICLE 16. WAIVER
No waiver of any breach of any condition of the Agreement shall be binding unless in writing and
signed by the party waiving said breach. No such waiver shall in any way affect any other term or
condition of this Agreement or constitute a cause or excuse for a repetition of such or any other
breach unless the waiver shall include the same.
-5-
ARTICLE 17. MODIFICATION
This Agreement constitutes the complete understanding of the parties. No modification of any
provisions thereof shall be valid unless in writing and signed by both parties.
ARTICLE 18. APPLICABLE LAW
This Agreement is governed by the laws of the State of New York.
IN WITNESS WHEREOF, the Town of Southold has caused its corporate seal to be affixed hereto
and these presents to be signed by Scott A. Russell, its Supervisor, duly authorized to do so, and to be
attested to by Elizabeth A. Neville, Town Clerk, and the Contractor has caused its corporate seal to
be affixed hereto and these presents to be signed by its President, the day and year first above written.
Town of Southold
(Seal of the Town of
Southold)
Attest: By:
Elizabq~ A. Neville, Town Clerk
P.W. Grosser Consulting, .I~c3~ ~
STATE OF NEW YORK )
) SS.:
COUNTY OF SUFFOLK )
On' c,t o
th%~_ day of~q~membe.__, 2012. before me, the subscriber, personally appeared Scott A.
Russell who, being by me duly sworn, deposes and says: That he is the Supervisor of the Town of
Southold (the "Town"), the municipal subdivision of the State of New York named in and which
executed the above and within Instrument; that he knows the seal of said Town and that the seal
affixed to said Instrument is the seal of the Town; that it was so affixed by the order of the Town
Board of the Town, and that he signed his name thereto by like order;
And on the same day before me personally came and appeared Elizabeth A. Neville, Clerk of the
Town of Southold, who, being by me duly sworn, deposes and says: that she is the Clerk of the
Town; that she knows the seal of said Town; that the seal was affixed to said Instrument is the seal of
-6-
the Town; that said Scott A. Russell is the Supervisor of the Town and that the signature on said
Instrument is the signature of said Scott A. Russell, as Supervisor.
STATE OF NEW YORK )
) SS,:
COUNTY OF SUFFOLK )
Notary Public
LAUREN M. STANDISH
Notary Public, State of New York
No. 01ST6164008
Qualified in Suffolk County ~
Commission Expires April 9,20~
.O~.the~2~ dgygf September in the year 2012 before me, the undersigned, personally appeared
l%T-tfir4 /"5[~[tLo(~ , personally known to me or proved to me on the basis of
satisfactory evidence to 'be tl~e individual whose name is subscribed to the within instrument and
acknowledged to me that he/she executed the same in his/her capacity and that by his/her signature
on the instrument, the individual or the person upon whose behalf of which the individual acted,
executed the instrument.
f - Nolat~y-Public
-7-
P.W. GROSSER CONSULTING
August 20, 2012
First Revision: August 16, 2012
Initial Proposal: August 9, 2012
Laura Klahre
Town of Southold
PO Box 1179
Southold, NY 11971
RE:
Revised Proposal for Underground Injection Control Structure (UIC) Remediation
68775 Route 25, Greenport, New York
PWGC Proposal #: 12LP307
Dear Ms. Klahre:
P.W. Grosser Consulting, Inc. (PWGC) is pleased to provide you with this proposal to remediate and abandon an
Underground Injection Control (UlC) sanitary system located at 68775 Route 25 in Greenport, New York. The
proposed scope of services is based on the results of the UIC Sampling performed at the site on July 27, 2012
and on recent conversations between PWGC and the Town of Southold.
BACKGROUND
The site is located on vacant residential property and there is an on-site sanitary system which consists of two
(2) concrete block leaching pools connected in series. The pools were sampled by PWGC on July 27, 2012 in
order to facilitate abandonment of the system. The results of the sampling are documented in PWGC's August
2012 UIC Sampling Report. The analytical results indicated that the primary pool (UIC01) contained
concentrations of the volatile organic compounds (VOCs) 1,4-dichlorobenzene and toluene which exceeded
Suffolk County Department of Health Services (SCDHS) Action Levels. Based on these results, PWGC
recommended remediation of the primary pool. Additionally, the Town of Southold requested that both pools
of the sanitary system be properly abandoned.
SCOPE OF SERVICES
TASK 1 - PROJECT COORDINATION AND TECHNICAL REVIEW
PWGC will provide project coordination and technical review services throughout the project and as requested
by the client. These services include but are not limited to: correspondence with the client, client
representatives (such as contractors and legal counsel), lending institutions, and regulators, PWGC attendance
of meetings and conference calls, scheduling of PWGC and subcontractor services at the site, and review of
relevant documents pertaining to the site.
TASK 2 - WORK PLAN
PWGC will prepare and submit a UIC Remediation Work Plan for SCDHS approval. The Work Plan will detail the
proposed scope of work and will include appropriate figures and tables. If necessary, PWGC will revise the Work
Plan to address SCDHS comments. The SCDHS will require a fee to review the UIC Remediation Work Plan and
provide oversight during remedial field activities.
TASK 3 - UIC REMEDIATION
P,W. Grosset Consulting, lnc * P.w. Grosset Consulting Engineer 8* Hydrogeologist, PC
630 Johnson Avenue, Suite 7 · Bohemia, NY 11716
PH 631,589.6353 · FX 631,589.8705 · www.pwgrosser.corn
New York, NY · Syracuse, NY · Seat~le~ WA
To remediate the VOC-impacted soils in sanitary pool UIC01, a back-hoe or excavator will be utilized to remove
the entire pool structure and impacted soils. The soils will be field-screened for VOCs by a PWGC hydrogeologist
utilizing a photo-ionization detector (PID). The excavation will continue until the concrete and the impacted
soils, based on PID response and soil staining, have been removed. The impacted soils will be loaded into a roll-
off dumpster for transport to a properly-permitted disposal facility.
Following excavation, a confirmatory endpoint sample will be collected from the base of the excavation in
accordance with Suffolk County Department of Health Services (SCDHS) procedures and protocol. The
excavation will then be backfilled to grade with clean fill material. The endpoint sample will be submitted to a
New York State Department of Health (NYSDOH) Environmental Laboratory Accreditation Program (ELAP)
certified laboratory and analyzed for the presence of VOCs by EPA Method 8260 (SCDHS List).
Sanitary leaching pool UIC02 will also be properly abandoned. The concrete structure will be removed utilizing
the excavator. The concrete will be disposed as non-impacted concrete. The remaining excavation will be
backfilled to grade with clean fill material.
TASK4-REPORT
After laboratory reports are received (normal laboratory turnaround time is one to two weeks), PWGC will
prepare a UIC Remediation Report documenting field activities and evaluating results. Analytical results will be
compared to the Cleanup Objectives specified in SCDHS SOP 9-95, Pumpout and Soil Cleanup Criteria (August
2010). Conclusions and recommendations will be provided with appropriate tables and figures.
COST
Costs to perform the above outlined services are estimated at ~10,523 and are detailed in the attached cost
breakdown. This estimate assumes that work will be completed in one day and one (1) sample will be submitted
for analysis. Work performed outside of the assumptions described above will be billed based on the unit costs
provided.
Costs for equipment operation and labor provide for prevailing wages.
Should you find this proposal acceptable, kindly sign in the space provided and return a copy to this office along
with the completed property access authorization form. PWGC will commence work upon receipt of the signed
contract and completed property access authorization form.
Additional services outside the scope of this proposal will be billed in accordance with the attached rate
schedule and/or the unit rates included in the attached cost breakdown sheet.
This proposal assumes that the estimated number of samples and proposed analyses will be acceptable,
analyses listed above are the only ones that will be necessary, and that standard laboratory turnaround times
apply. These costs assume that the proposed work areas are accessible, and work will be performed during
normal business hours, using non-union labor.
Thank you for the opportunity to propose on this project. Please call if you have any questions or would like to
discuss your project further. I look forward to hearing from you.
Very truly yours,
P.W. Grosser Consulting,
P.W, Grosser Consulting, In¢ · P.W. Grosset Consulting Engineer & Hydrogeologist, PC
630 Johnson Avenue, Suite 7 · Bohemia, NY 11716
PH 631.589,6353 · FX 631.$89.870S · www.pwgrosser.¢om
New York, NY · Syracuse, NY · Sea[tie, WA
John D. Eichler
Project Manager
Bryan A. Devaux
Vice President
12LP307
Approved by:
PWGC=' J
Prlnte~ N ar~: S~nature Date;
I acknowledge that I am on authorized representative o! the company end that I have ~ull responsibility to execute this proposal. I
assume personal responsibility ~or poyment o! P.W. Grosset services.
P.W Grosset ConsultJng, ]nc · p.W. Grosser Consulting Engineer P~ Hydrogeologist, PC
UIC Remediafion
68775 Route 25, Greenport, New York
Task 1 - Project Coordination and Technical Review
12LP307
PWGC SERVICES
hncip°' I $2,0 Ihr I ' I' :'°'°°l
REPORT PREPARATION
Lump Sum $1 000 each 1 1,000.00
SCDH5 Fee $500 lump 1 500.00
UIC Remediatlon
PWGC SERVICES
F,eld Hydrogeologist J $80 I hr I 8 I$ 640.00
CONTRACTOR SERVICES
Excavator and Crew
Roll Off Dumpster
Non-impacted Concrete Block Disposal
Clean Backfill
$2280
$1750
$210
$80
$33
day
dumpster
ton
ton
ton
LABORATORY SERVICES
2,280.00
1,750.00
5 1,050.00
3 240.00
11 363.00
v'OCs by 8260 (SCDHS list)
$95
eoch
;VOCs by 8270 (SCDHS List; for disposal)
$195
each
FCLP Metals {for disposalI
$175
each
- UIC Remediation Report
~WGC SERVICES
~ATtON
95.00
195.00
175.00
$1,500
each
PWGC
CLIENT Town of $outhold
PROJECT SITE 68775 Route 25, Greenport, New York
PWGC LP~ 12LP307
Category Hourly
Senior Principals $200.00-$335.00
Principals $210.00
Technical Consultant $200.00-$240.00
Senior Project Planager $165.00 - $205.00
Project Manager $105.00 - $155.00
Senior Engineer $125.00-$140.00
Senior Hydrogeologist/Environmental Scientist $105.00 - $125.00
Project Engineer $100.00 - $135.00
Project Hydrogeologist/Environmental Scientist $85.00-$105.00
Staff Engineer $95.00 - $100.00
Field Hydrogeologist/Environmental Scientist $80.00
Engineering Technician $95.00
Engineer :Intern $50.00
Hydrogeologist/Environmental Scientist Intern $50.00
Project Controls Engineer $195.00
Waste Manager $207.00
CADD Designer $115.00
CADD Draftsperson $90.00
Construction inspector $95.00
Administrative Services $60.00-$150.00
Network Administrator $100.00
PWGC
CLIENT Town of Southold.
PROJECT SITE 68775 Route 25, Greenport, New York
PWGC LP# 12LP307
Performance of Services: The Consultant P.W. Grosser
Consulting ]nc shall perform the serwces outlined in the
proposal provided with this Agreement. Engineering se~wces
will be provided by P.W. Grosset Consulting Engineer &
Hydrogeo~ogist, PC. The proposal is effective for 120 days.
Additional Services: For additional services not included
above, the Consultant shall be compensated based upon
hourly rates of reimbursement in accordance with the
attached rate schedule.
Access to Site: Unless otherwise stated, the Consultant will
have access to the site for activities necessary for the
performance of the services. The Consultant will take
reasonable precautions to mimmize damage due to these
activities, but has not included in the fee the cost of
restoration of any resulting damage and will not be
responsible for such costs.
Retainer/Billing/Payment: The Client agrees to pay the
Consultant for all serwces performed and all costs incurred.
Prior to providing services, the Client shall deposit a retainer
of $O.OO with the Consultant. invoices for the Consultant's
services shah be submitted, at the Consultant's option, either
upon completion of such services or on a monthly basis.
[nvoices shall be due and payable upon receipt, if any invoice
is not paid within 45 days, the Consultant may, without
waiving any claim or right against the Client, and without
liability whatsoever to the client, suspend or terminate the
performance of services. The retainer shall be credited on the
final invoice. Accounts unpaid 30 days after the invoice date
may be subject to a monthly service charge of 1.5% (or the
maximum legal rate) on the unpaid balance. In the event any
portion of an account rerna~ns unpaid 60 days after the billing,
the Consultant may institute collection action and the Client
shall pay all costs of collection, including reasonable attorney's
Waiver: In addition, the Client agrees, to the maximum extent
permitted by law, to waive any claims against the Consultant
arising out of the performance of these services, except for the
sole negligence or willful misconduct of the Consultant.
Information for the Sole Use and Benefit of the Client: All
opinions and conclusions of the Consultant, whether written or
oral, and any plans, specifications nj other documents and
serwces provided by the Consultant are for the sole use and
benefit of the Client and are not to be provided to any other
person or entity without the prior written consent of the
Consultant. Nothing contained in this Agreement shall create a
contractual relationship with or a cause of action in favor of any
third party against either the Consultant or the Client.
rewards and benefits of the project to both the Client and the
Consultant's total Jiability to the Client for any all injuries,
and the Consultant arising out of the services to be provided by
PWGC=J t
CLIENT Town of Southold
PROJECT SITE 68775 Route 25, Greenport, New York
PWGC LP~ 12LP307
P.W. GROSSER CONSULTING
PROPERTY ACCESS AUTHORIZATION
Date: August 20, 2012
P.W. Grosser Consulting has been contracted by the Town of Southold to perform UIC Remediation at 68775
Route 25, Greenport, New York. The work is scheduled for TBD.
Please acknowledge your authorization to enter the property on this date for P.W. Grosser's personnel and their
subcontractors.
Authorized Representative
Date
P,W. Gro$ser Consulting, lnc * P.W. Gro$$er Consulting Engineer & Hydrogeologist, PC
6