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Home My WebLink AboutDvirka & Bartilucci Consulting ►® RESOLUTION 2014-492 ADOPTED DOC ID: 9841 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2014-492 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 3,2014: RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of Dvirka and Bartilucci Consulting Engineers to prepare a petition to the New York State DEC for a reduction in quarterly groundwater sampling around the Cutchogue landfill based on an assessment of historical data indicating less frequent and lower concentrations of detection of leachate indicators, approval of which is estimated to save hundreds of thousands of dollars over the remaining 20 years of required testing, at a cost not to exceed$5,550, all in accordance with the Town Attorney. Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:Louisa P. Evans,Justice AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell r� ORIGINAL THIS AGREEMENT made and entered into this day of 2014, by and between Town of Southold (hereinafter referred to as"Town"), a municipal corporation organized and existing under and by virtue of the laws of the State of New York(mailing address: c/o Elizabeth A. Neville, Town Clerk, Town Hall, P.O. Box 1179, Southold,New York 11971-0959,party of the first part, and D&B Engineers and Architects, P.C. (hereinafter referred to as"Consultant"), with an address at 330 Crossways Park Drive, Woodbury,New York 11797-2015"),party of the ' second part. WITNESSETH: That the Town and Consultant, for the consideration named,hereby agree as follows: 1. PURPOSE. The Town hereby retains Consultant,on the terms and conditions set forth hereinafter, for the purpose of evaluating existing groundwater chemical data associated with the Town of Southold Landfill located on Route 48, Cutchogue,New York. The objective of this assignment will be to provide a technical justification to petition the NYSDEC to reduce the sampling frequency of the groundwater monitoring network associated with the landfill. 2. SPECIFIC SERVICES. Within 90 days after the execution of this agreement, Consultant will evaluate all available groundwater data and draft a summary letter report for submission to the NYSDEC in accordance with the Proposal dated February 11, 2014, which is attached hereto as Exhibit A and incorporated herein by this reference. 3. TIME AND ATTENDANCE,• COOPERATION BY THE TOWN. Consultant shall perform the services described herein and attached hereto in as expeditious a manner as is reasonably possible and no later than August 30, 2014. The Town agrees to cooperate with Consultant, as needed, and to provide Consultant with copies of any records, documents and other information needed for performance of this agreement on a timely basis. The Town further agrees to provide Consultant with access to appropriate officials and/or employees of the Town, as may be needed in the performance of the agreement. Moreover, both parties understand and agree that mutual accountability and responsiveness is critical to the successful completion of the project, and therefore both shall always use their best faith efforts to be accountable and promptly responsive to each other. 4. COMPENSATION. -I- In payment for the services to be performed hereunder by Consultant,the Town shall make payments to Consultant as follows: (a) For the expenses incurred by Consultant pursuant to paragraph 2 hereof, the Town shall pay Consultant the total sum of$5,550 dollars. Payments shall be incrementally at the completion of each task detailed in the attached Proposal. Consultant shall send the Town a signed voucher for such compensation. Such voucher shall be due and payable within 45 days after receipt of such voucher, but such sum shall not be due and payable by the Town until the Town Board of the Town has received such a voucher and has audited and approved for payment the signed voucher to be submitted by Consultant in connection therewith. The Town Board shall process any vouchers received from Consultant as expeditiously as possible. In the event that the Town disputes or objects to any portion of any voucher submitted by Consultant pursuant to this paragraph,the Town shall,within 30 days of the receipt of such voucher,notify Consultant in writing of such dispute or objection. Consultant acknowledges that Consultant is familiar with the requirements of section 118 of the Town Law which, in effect,prohibit payment of any of Consultant's claims against the Town unless an itemized voucher therefore shall have been presented to the Town Board or Town Comptroller and shall have been audited and allowed by the Town Board or Town Comptroller. 5. TERM OF AGREEMENT, TERMINATION. This agreement shall be for a period of six months commencing on the date set forth at the top of page 1 of this agreement,provided,however,that this agreement shall terminate immediately in the event that(a) Consultant dies; (b) Consultant incurs a disability which makes Consultant unable to perform the services which Consultant is required to perform hereunder; (c) Consultant files a Petition in Bankruptcy Court or a Petition is filed against Consultant in Bankruptcy Court, or Consultant is adjudged bankrupt or makes an assignment for the benefit of creditors; or(d)a Receiver or Liquidator is appointed for Consultant and/or Consultant's 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. In the event that Consultant refuses or fails to provide the services required hereunder with due diligence, or fails to make prompt payment to persons supplying labor for Consultant's services hereunder, or refuses or fails to comply with applicable statutes, laws or ordinances, or is guilty of a substantial violation of any provision of this agreement,the Town shall send Consultant written notice that Consultant has 20 days to cure said default; and if,at the end of said 20-day period, Consultant has not cured said default,the Town may then terminate this agreement on 7 days' prior written notice to Consultant. All claims, disputes and other matters in question arising out of, or relating to,the provisions of paragraph 6 of this agreement shall be decided by arbitration in Suffolk County,New York, in accordance with the rules then prevailing of the American Arbitration Association. The award -2- rendered by the arbitrators shall be final and binding, and judgment may be entered upon it and enforced in any court of competent jurisdiction. 6. SKILLS OF CONSULTANT, CONFLICTS OF INTEREST. Consultant represents that Consultant has the requisite skills and experience to perform the services hereunder. 7. INDEPENDENT CONSULTANT STATUS OF CONSULTANT. Consultant and the Town agree that in the performance of Consultant's services hereunder, Consultant is an independent consultant and shall not be deemed to be an employee or agent of the Town for any purpose whatsoever. 8. PROHIBITION AGAINST ASSIGNMENT. Consultant is hereby prohibited from assigning,transferring, conveying, subletting or otherwise disposing of this agreement or his right,title or interest in this agreement. 9. COMPLIANCE WITH STATUTES. Consultant agrees that Consultant will comply with all statutes, ordinances, local laws, codes, rules and regulations which are or may be applicable to Consultant's services, activities and duties set forth in this agreement. 10. 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, Town of Southold PO Box 1179 Southold,NY 11971-0959 To Contractor: D&B Engineers and Architects, P.C. 330 Crossways Park Drive Woodbury,NY 11797-2015 Att: Thomas P. Fox, Vice President 11. 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 -3- 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. 12. APPLICABLE LAW. This Agreement is governed by the laws of the State of New York. 13. COMPLETE AGREEMENT; 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. 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 Consultant 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 SOU �0L By: colt A. Russell, Supervisor DVIRKWBATIL CONSUBy: omas P. Fox Vice President STATE OF NEW YORK) ) ss.. COUNTY OF SUFFOLK) On the�day of in the year 2014 before me,the undersigned,personally appeared SCOTT A. RUSSELL, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual or the person upon whose behalf of which the individual acted, executed the instrument. , LAUREN M.STANDISH ly �� t L N"y NPo 0 S tate of New York OWMW in SuffolkCouny _4_ /aon�.ion Expires April 9.201E ��ticC'rt9#J�"4'�:t«�.•w��rs�", ij•`t' ,;' 3� �144i�ya::-y cat �[Itl ,;{�"�tv.17S{A i��b�'�PI� ,�_;� ��, 4 ��t� No blic STATE OF NEW YORK) ) ss.. COUNTY OF On the 5 day of in the year 2014 before me,the undersigned,personally appeared THOMAS P. FOX,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual or the person upon whose behalf of which the individual acted, executed the instrument. Notary blic KELLY PEDONE Notary Public,State of New York No. 01 PE5030019 Qualified in Nassau County Commission Expires July 5, 20 -5-