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HomeMy WebLinkAboutHighway Buildings i+' RESOLUTION 2015-720 ADOPTED DOC ID: 11086 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2015-720 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 11,2015: RESOLVED that the Town Board of the Town of Southold hereby authorizes Scott A. Russell to enter into a professional services contract with D&B Engineers and Architects, P.C., for an asbestos survey of the Maintenance Garage/Office Building, the Break Building, the Trailer and the Storage Barn located at the Highway/DPW Yard, at a cost not to exceed $14,516.00 as outlined in their proposal dated August 4, 2015, said services to be a legal charge to A.1620.4.400.100, Building Maintenance & Repairs, all in accordance with the Town Attorney. aja1414°Ve44.11 Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell ORIGINAL THIS AGREEMENT made and entered into this et of August, 2015, 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, 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, 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 Professional Engineering Services regarding an asbestos survey of the Maintenance Garage/Office Building, the Break Building, the Trailer and the Storage Barn located at the Highway/DPW Yard, Peconic, New York. 2. SPECIFIC SERVICES. Within 45 days after the execution of this agreement, Consultant shall submit an engineering report including findings and recommendations for repair and replacement options and the cost of these options. The specific scope of work is described in the attached Proposal from Consultant dated August 4, 2015. 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 30 days from the date hereof. 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. In payment for the services to be performed hereunder by Consultant, the Town shall make payments to Consultant as follows: -1- (a) For the services to be performed by Consultant pursuant to paragraph 2 hereof, the Town shall pay Consultant a sum not to exceed $14,516.00 dollars. Payments shall be made monthly based upon the hours expended on the project at Consultant's hourly billing rate (approximately 80 man hours). 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 30 days commencing on the date 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. Except as prohibited by law, the Town and Consultant hereby waive trial by jury in any litigation arising out of, or connected with, or relating to this Agreement. -2- 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 Town Clerk Town of Southold PO Box 1179 Southold, NY 11971-0959 To Consultant: John Schreck D & B Engineers and Architects, P.C. 330 Crossways Park Drive Woodbury, NY 11797-2015 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 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 and the rights and obligations of parties hereunder shall be construed in accordance with and be governed by the laws of the State of New York without regard to conflicts of laws and principles. Consultant hereby submits to the jurisdiction of the Courts of the State of New York for all disputes relating to this Agreement and agrees that venue for all disputes shall be in Suffolk County. 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 of Southold By: Scott A. Russel , Supervisor D & B Engineers and Archi cts, P.C. / By: I//.i� • I 0,.,..40 s i? XX, )1.? ' STATE OF NEW YORK) We /"es%ce..^P ) ss.: COUNTY OF SUFFOLK) On theeday of August in the year 2015 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. çanu in,-V-4141471 Notary Public LAUREN M. STANDISH Notary Public, State of New York No. 01ST6164008 _4_ Qualified in Suffolk County Commission Expires April 9, 2019 STATE OF NEW YORK) !�A s9q-ut ) ss.: COUNTY OF 1K) yogSsi day of,Liugust in the year 2015 before me, the undersigned, personally appeared /'= , 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/she executed the same in his/her capacity and that by his/her signature on the instrument, the individual or the person upon w se behalf if which the individual acted, executed the instrument. r fl Notary P olic KELLY PEDONE NotaryNo. 0tyli 1SE5030019 York ate of New Qualified in Nassau Coun y Commission Expires July -5- !i D&B ENGINEERS -,, (0) _ 1 . AND '11 > P;; :,, ,„ ARCHITECTS, P.C. est ,965 330 Crossways Park Drive,Woodbury,New York 117 97-2 01 5 516-364-9890.718-460-3634•Fax:516-364-9045•wwwdvirkaandbartilucci,com Board of Directors Henry).Chlupsa,RE,BCEE President&Chairman Steven A.Fangmann,P.E.,BCEE Executive Vice President Robert L.Raab,P.E.,BCEE,CCM Vice President August 4, 2015 Vice Presidents Richard M.Walka Senior Vice President VIA ELECTRONIC DELIVERY Joseph H.Marturano Senior Vice President Dennis F Koehler,P.E. Michael Collins,P.E. Senior Vice President Professional Engineer Garrett M.Byrnes,RE, Office of the Engineer Vice President g Rob J.DeGlorglo,P.E,CPESC Southold Town Hall Vice President Stephen M.Dudar,P.E. P.O. Box 1179 Vice President 53095 Main Road Vice Presomas ident Southold,P 'G Southold,NY 11971 William D.Merklin,P.E. Vice President Michael Neuberger,P.E. Re: Technical Scope of Work and Cost Proposal Vice President Asbestos Survey of Southold Highway Department Kenneth).Pritchard,P.E. Vice President Yard Peconic Lane, Southold,NY 11971 Theodore S.Pytlar,Jr. Vice President John Schreck,P.E. Dear Mr. Collins: Vice President ce Veith,Brian As requested, D&B Engineers and Architects, P.C. (D&B) is pleased to submit this Charles),Wachsmuth,P.E. technical scope of work and cost proposal to provide asbestos investigation services Vice President Dir.of Architecture to the Town of Southold (the Town). Specifically, D&B will perform surveys for Michael Rodriguez,AIA,LEED-AP suspect asbestos containing materials (ACM) of four buildings at the Town's Senior Associates Highway Department Yard on Peconic Lane, Southold,New York. Steven M.Cabrera Christopher M.Clement Scope of Work Ellen R.DeOrsay Matthew R.DeVlnney,P.E. Frank DeVita Based on the above background information and our discussions with the Town Joseph A.Fioraliso,P.E. during our July 30, 2015 site visit, D&B has organized this asbestos survey by the Michael R.Hofgren four structures being investigated: Christopher M.LeHanka Richard W.Lenz,P.E. Olga Mubarak-Jaramillo Task 1 —Maintenance Garage/Office Building Survey Philip R.Sachs,P.E. Daniel Shabat,P.E. Under this task, D&B will perform an asbestos survey in compliance with the Associates New York State Department of Labor (NYSDOL) protocols utilizing a NYSDOL Rudolph F.Cannavale Christopher W.Francis licensed asbestos inspector to collect bulk samples of all suspect ACM from the Christopher Koegel,P.E,CCM Maintenance Garage/Office Building. Following the survey, D&B will document Michele Mastrangelo the field activities associated with the asbestos survey and present the laboratory Roger W.Owens Robbin A.Petrella results of the asbestos samples in the asbestos survey report as detailed below. Edward J.Reilly Michael G.Savarese,P.E. Stephen E.Tauss "50 Years of Facing Challenges,Finding Solutions... Since 1965" D&B ENGINEERS AND ARCHITECTS, P.C. Michael Collins,.P.E. Page 2 Town Engineer Town of Southold August 4, 2015 Based on the walk-through performed on July 30, 2015, D&B anticipates that a total of 24 samples of suspect friable ACM (e.g., pipe insulation) will be collected and analyzed via Polarized Light Microscopy (PLM) and a total of 40 samples of suspect non-friable ACM (e.g., floor tile, roof material, etc.) will be collected and analyzed via Polarized Light Microscopy for Non-Organically Bound Materials (PLM-NOB). In accordance with New York State regulations, any suspect non-friable materials that are found to be negative via PLM-NOB must be reported as "inconclusive" and confirmed by analysis via Transmission Electron Microscopy for Non- Organically Bound Materials (TEM-NOB). D&B anticipates that approximately 80% of samples analyzed via PLM-NOB will need to be confirmed by TEM-NOB, which equates to approximately 32 analyses via TEM-NOB. All bulk samples will be submitted to an analytical laboratory certified for asbestos analysis by the New York State Department of Health (NYSDOH) Environmental Laboratory Approval Program (ELAP). All samples will be submitted for analysis utilizing a 10 business day (2-week) turnaround time (TAT). Following receipt of the laboratory results, D&B will prepare a survey report for the Maintenance Garage/Office Building that will include the following information: • Identification of the type of asbestos containing building material, its location, and its approximate quantity; • Copies of all Chain of Custody records; and • Copies of D&B's corporate as well as applicable individual staff licenses. Task 2—Break Building Survey Under this task, D&B will perform an asbestos survey in compliance with NYSDOL protocols utilizing a NYSDOL licensed asbestos inspector to collect bulk samples of all suspect ACM from the Break Building. Following the survey, D&B will document the field activities associated with the asbestos survey and present the laboratory results of the asbestos samples in a report as detailed below. Based on the walk-through performed on July 30, 2015, D&B anticipates that a total of 12 samples of suspect friable ACM (e.g., pipe insulation) will be collected and analyzed via Polarized Light Microscopy (PLM) and a total of 16 samples of suspect non-friable ACM (e.g., floor tile, roof material, etc.) will be collected and analyzed via Polarized Light Microscopy for Non-Organically Bound Materials (PLM-NOB). In accordance with New York State regulations, any suspect non-friable materials that are found to be negative via PLM-NOB must be reported as "inconclusive" and confirmed by analysis via Transmission Electron Microscopy for Non- Organically Bound Materials (TEM NOB). D&B anticipates that approximately 80%of samples D&B ENGINEERS AND ARCHITECTS, P.C. Michael Collins,P.E. Page 3 Town Engineer Town of Southold August 4,2015 • analyzed via PLM-NOB will need to be confirmed by TEM-NOB, which equates to approximately 12 analyses via TEM-NOB. All bulk samples will be submitted to an analytical laboratory certified for asbestos analysis by the NYSDOH ELAP. All samples will be submitted for analysis utilizing a 10 business day (2-week)turnaround time. Following receipt of the laboratory results, D&B will prepare a survey report for the Break Building that will include the following information: • Identification of the type of asbestos containing building material, its location, and its approximate quantity; • Copies of all Chain of Custody records; and • Copies of D&B's corporate as well as applicable individual staff licenses. Task 3—Trailer Survey Under this task,D&B will perform an asbestos survey in compliance with the NYSDOL protocols utilizing a NYSDOL licensed asbestos inspector to collect bulk samples of all suspect ACM from the Trailer. Following the survey, D&B will document the field activities associated with the asbestos survey and present the laboratory results of the asbestos samples in the asbestos survey report as detailed below. Based on the walk-through performed on July 30, 2015, D&B anticipates that a total of 6 samples of suspect friable ACM (e.g., pipe insulation) will be collected and analyzed via Polarized Light Microscopy (PLM) and a total of 10 samples of suspect non-friable ACM (e.g., floor tile, roof material, etc.)will be collected and analyzed via Polarized Light Microscopy for Non-Organically Bound Materials (PLM-NOB). In accordance with New York State regulations, any suspect non- friable materials that are found to be negative via PLM-NOB must be reported as "inconclusive" and confirmed by analysis via Transmission Electron Microscopy for Non-Organically Bound Materials (TEM-NOB). D&B anticipates that approximately 80% of samples analyzed via PLM- NOB will need to be confirmed by TEM-NOB, which equates to approximately 8 analyses via TEM-NOB. All bulk samples will be submitted to an analytical laboratory certified for asbestos analysis by the NYSDOH ELAP. All samples will be submitted for analysis utilizing a 10 business day (2-week)turnaround time. Following receipt of the laboratory results, D&B will prepare a survey report for the Trailer that will include the following information: D&B ENGINEERS AND ARCHITECTS, P.C. Michael Collins, P.E. Page 4 Town Engineer Town of Southold August 4,2015 • Identification of the type of asbestos containing building material, its location, and its approximate quantity; • Copies of all Chain of Custody records; and • Copies of D&B's corporate as well as applicable individual staff licenses. Task 4—Storage Barn Survey Under this task,D&B will perform an asbestos survey in compliance with the NYSDOL protocols utilizing a NYSDOL licensed asbestos inspector to collect bulk samples of all suspect ACM from the Storage Barn. Following the survey, D&B will document the field activities associated with the asbestos survey and present the laboratory results of the asbestos samples in the asbestos report as detailed below. Based on the walk-through performed on July 30, 2015, D&B anticipates that a total of 16 samples of suspect friable ACM (e.g., pipe insulation) will be collected and analyzed via Polarized Light Microscopy (PLM) and a total of 20 samples of suspect non-friable ACM (e.g., floor tile, roof material, etc.) will be collected and analyzed via Polarized Light Microscopy for Non-Organically Bound Materials (PLM-NOB). In accordance with New York State regulations, any suspect non-friable materials that are found to be negative via PLM-NOB must be reported as "inconclusive" and confirmed by analysis via Transmission Electron Microscopy for Non- Organically Bound Materials (TEM-NOB). D&B anticipates that approximately 80% of samples analyzed via PLM-NOB will need to be confirmed by TEM-NOB, which equates to approximately 16 analyses via TEM-NOB. All bulk samples will be submitted to an analytical laboratory certified for asbestos analysis by the NYSDOH ELAP. All samples will be submitted for analysis utilizing a 10 business day (2-week)turnaround time (TAT). Following receipt of the laboratory results, D&B will prepare a survey report for the Storage Barn that will include the following information: • Identification of the type of asbestos containing building material, its location, and its approximate quantity; • Copies of all Chain of Custody records; and • Copies of D&B's corporate as well as applicable individual staff licenses. D&B ENGINEERS AND ARCHITECTS, P.C. Michael Collins,P.E. Page 5 Town Engineer Town of Southold August 4,2015 Project Schedule Upon receiving an authorization to proceed from the Town, D&B will mobilize staff and our laboratory subcontractor in order to perform the survey. We assume that D&B will be on-site within three days of receiving a notice to proceed from the Town to perform the field work. D&B anticipates all field work can be completed in three days. With a ten day turnaround on the laboratory data,D&B anticipates providing PC with a draft report within five weeks of receiving a notice to proceed. Estimated Cost Based upon the estimated level of effort required to undertake the scope of work described above, D&B can complete this project for the following costs: Task 1 —Maintenance Garage/Office Building la—Sampling and Reporting $4,920.00 1 b—Laboratory Analysis $2,040.00 Task 1 Total $6,960.00 Task 2—Break Building 2a—Sampling and Reporting $1,840.00 2b—Laboratory Analysis $ 780.00 Task 2 Total $2,620.00 Task 3—Trailer 3a—Sampling and Reporting $1,125.00 3b—Laboratory Analysis $ 468.00 Task 3 Total $1,593.00 Task 4—Storage Barn 4a--Sampling and Reporting $2,375.00 4b—Laboratory Analysis $ 968,00 Task 4 Total $3,343.00 Total Project Cost $14,516.00 D&B ENGINEERS AND ARCHITECTS, P.C. Michael Collins, P.E. Page 6 Town Engineer Town of Southold August 4, 2015 D&B sincerely appreciates the opportunity to submit this technical scope of work and cost proposal and looks forward to working with you on this important project. If you have any questions or require any additional information, please do not hesitate to contact me at (516) 364-9890, Ext. 3068. Very " ,1,: yo . TPF\nc omas P. Fox,P.G. Attachment Vice President cc: J. Schreck(D&B) K. Chakraborty(D&B) ♦PT7857\TPF080415_MC(R01)