HomeMy WebLinkAboutZEB Environmental Solutions, Inc RESOLUTION (ID # 11815)
-‘41;" SUBMITTED DOC ID: 11815
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. (ID # 11815)
WAS SUBMITTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN
BOARD ON APRIL 19,2016:
RESOLVED that the Town Board of the Town of Southold hereby approves Change Order#1
to the Sill's Farm Property environmental sampling Contract with ZEB Environmental
Solutions,Inc. pursuant to their Proposal dated April 11, 2016, in the net amount of$1,650.00,
said services to be a legal charge to CM.8710.2.400.200, subject to the approval of the Town
Engineer and Town Attorney.
Elizabeth A.Neville
Southold Town Clerk
TOWN OF SOUTHOLD PROCUREMENT POLICY
PUBLIC CONTRACT CHANGE ORDER APPROVAL FORM
This form must be completed when a Public Contract Change Order
increase is:
a) $1,000 or more
b) It is a minimum of 10% over the original contract award
FAX FORM TO TOWN ATTORNEY'S OFFICE * 631/765-6639
DEPARTMENT: �c,fel ?$esevc- ' J DATE: W I 1 1 12 o 1 6
TOWN BOARD RESOL. #/DATE: I C4aa6® MP' VENDOR NAME:` E-6 Ei r'o✓ iie-i#qI go I.; b 5)T-4,1 C,
ORIGINAL CONTRACT AMOUNT: $L)100 INCREASE AMOUNT: $ I 1 6 5-D CA
REASON FOR INCREASE:1 0114't41%144+5 T d'', � I 1'1 154- Cesspool ,� eel 40 fa df pI e 2 40(
/ , /r c essfon I
DEPARTMENT HEAD SIGNATURE:
Town Attorney Authorization
Notes:
q/Approved Date '//i1/2.e716
o Denied Date
Reason for Denial
Rebid: o Yes o No
�y,.--' -v
Town Attorney Authoriza Date
Comptroller Approval
4., „ J ,
4/ /4..
'o. p r' ler Signature Date
Rec'd by Comptroller
Sent to Town Attorney
Rec'd Back From TA
4/11/16
T
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ENVIRONMENTAL SO14 TIONS, FNc
April 11, 2016
Mr. Michael Collins
Town of Southold
53095 Main Rd.
P.O. Box 1 179
Southold, NY 11971
Re: Sanitary System Sampling Services
Sills Farm -70282 and 70284 Main Road, Greenport, NY
TOS1601
Dear Mr. Collins:
ZEB Environmental Solutions, Inc. (ZEB) is pleased to present you with the following proposal to
provide sanitary system sampling and analysis services at the above referenced property.
The scope of this proposal is based upon our recent conversations and on the laboratory
analytical results of the sample collected from the overflow leaching cesspool on March
2016.
BACKGROUND
On March 30, 2016, ZEB collected a sample from the base of a leaching cesspool associated
with the existing single-family residence at the property. Laboratory analytical results indicate
that elevated concentrations of VOCs and mercury were detected in the structure (CP-1),
which was shown a recent survey. As a result, the Town of Southold, traced the sewer line
and determined that a primary cesspool (CP-1a) is located approximately 20' west of CP-1.
The Town exposed the cover of the primary leaching cesspool, for future access.
In order to determine the remedial requirements for the sanitary system (contaminated soil
disposal facility(s)), additional sampling and analysis will be required.
SCOPE OF WORK
Task 1 -Sanitary System Sampling and Reporting
In order to determine the remedial requirements, CP-1 a will require sampling. Sediments will
be collected from the structures using a properly decontaminated stainless-steel hand auger
in accordance with SCDHS procedures and protocol. Samples will be submitted to a New
York State Department of Health (NYSDOH) Environmental Laboratory Accreditation Program
(ELAP) certified laboratory and analyzed for the presenceof:
• Volatile organic compounds (VOCs) by EPA Method 8260 (SCDHS List)
• Semi-volatile organic compounds (SVOCs) by EPA Method 8270 (SCDHS List)
• Metals by EPA Method 6010/7471 (SCDHS List)
• TCLP Metals/VOCs
188 W.Montauk Highway,Suite E6—Hampton Bays NY 11946
631.594.5300
In addition, the overflow leaching cesspool CP-1 will be sampled for TCLP Metals and VOCs.
Following the receipt of laboratory analytical results, ZEB will prepare a letter report detailing
the sampling effort and summarizing the results. This report will include laboratory data
summary tables and a figure showing sample locations. Sanitary System Sampling and
Reporting will be performed for a lump sum of$1,650.
COSTS
Costs to complete the scope of work detailed above can be performed for a lump sum of
$1,650. Work outside of the proposed scope of work will be billed based upon the hourly
rates on the attached rate schedule.
Should you find this proposal acceptable, kindly sign in the space provided and return a
copy the signed proposal to our office. ZEB will commence work upon receipt of the signed
contract. 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,
ZEB Environmental Solutions, Inc.
Zeb Youngman
President
Approved by:
Signature. Date
Printed Name:
Company Name:
ZEB Environmental Solutions,Inc.
1 88 W.Montauk Highway,Suite E6—Hampton Bays NY 1 1946
631.594.5300
1217
CLIENT Michael Collins,Town of Southold
PROJECT SITE 70282 and 70284 Main Road,Greenport,NY
LP# TOS1601
• • •
RATE SCHEDULE; (Januar`y 2016)
ti =d' " .ems„
Category Hourly
Principal $250.00
Senior Project Manager $200.00
Project Manager $125.00
Field Hydrogeologist/Environmental
Scientist $85.00
CADD Draftsperson $80.00
Construction Inspector $95.00
Administrative Services $50.00
ZEB Environmental Solutions,Inc.
1 88 W.Montauk Highway,Suite E6—Hampton Bays NY 11946
631 594.5300
CLIENT Michael Collins,Town of Southold
PROJECT SITE 70282 and 70284 Main Road.Greenport,NY
LP# TOS 1601
�� �. � � � � �� . erms &�CondatiQns
Performance of Services The Consultant, ZEB Environmental Waiver: In addition, the Client agrees, to the maximum extent
Solutions, Inc., shall perform the services outlined in the permitted by law, to waive any claims against the Consultant
proposal provided with this Agreement. arising out of the performance of these services, except for the
Additional Services: For additional services not included above, sole negligence or willful misconduct of the Consultant.
the Consultant shall be compensated based upon hourly rates Information for the Sole Use and Benefit of the Client: All opinions and
of reimbursement in accordance with the attached rate conclusions of the Consultant, whether written or oral, and any
schedule. plans, specifications or other documents and services provided
Access to Site: Unless otherwise stated, the Consultant will have by the Consultant are for the sole use and benefit of the Client
access to the site for activities necessary for the performance and are not to be provided to any other person or entity without
of the services. The Consultant will take reasonable the prior written consent of the Consultant. Nothing contained in
precautions to minimize damage due to these activities, but this Agreement shall create a contractual relationship with or a
has not included in the fee the cost of restoration of any cause of action in favor of any third party against either the
resulting damage and will not be responsible for such costs. Consultant or the Client.
Retainer/Billing/Payment. The Client agrees to pay the Consultant Certifications,Guarantees and Warranties: The Consultant shall not be
for all services performed and all costs incurred. Prior to required to execute any document that would result in the
providing services, the Client shall deposit a retainer of$o.00 Consultant certifying, guaranteeing, or warranting the existence
with the Consultant. Invoices for the Consultant's services of any conditions.
shall be submitted, at the Consultant's option, either upon Limitation of Liability. In recognition of the relative risks, rewards
completion of such services or on a monthly basis. Invoices and benefits of the project to both the Client and the
shall be due and payable upon receipt. If any invoice is not Consultant, the risks have been allocated such that the Client
paid within 45 days, the Consultant may, without waiving any agrees that, to the fullest extent permitted by law, the
claim or right against the Client, and without liability Consultant's total liability to the Client for any all injuries,
whatsoever to the client, suspend or terminate the damages, claims, losses, expenses or claim expenses arising
performance of services. The retainer shall be credited on the out of this Agreement from any cause or causes, shall not
final invoice. Accounts unpaid 30 days after the invoice date exceed $50,000. Such causes include, but are not limited to,
may be subject to a monthly service charge of 1.5% (or the the Consultant's negligence, errors, omissions, strict liability,
maximum legal rate) on the unpaid balance. In the event any breach of contract, or breach of warranty.
portion of an account remains unpaid 60 days after the billing, Ownership of Documents:All documents produced by the Consultant
the Consultant may institute collection action and the Client under this Agreement are instruments of the Consultant's
shall pay all costs of collection, including reasonable attorney's professional service and shall remain the property of the
fees. Consultant, and may not be used by the Client for any other
If the Client fails to make payments when due or otherwise is purpose without the prior written consent of the Consultant.
in breach of this Agreement, the Consultant may suspend Dispute Resolution: Any claims or disputes between the Client and
performance of services upon five (5) calendar days'notice to the Consultant arising out of the services to be provided by the
the Client.The Consultant shall have no liability whatsoever to Consultant or out of this Agreement shall be submitted to non-
the Client for any costs or damages a result of such binding mediation. The Client and the Consultant agree to
suspension caused by any breach of this Agreement by the include a similar mediation agreement with all contractors, sub-
Client. consultants, subcontractors, suppliers and fabricators, providing
Indemnification. The Client shall, to the fullest extent permitted for mediation as the primary method for dispute resolution
by law, indemnify and hold harmless the Consultant, his or among all parties.
her officers, directors, employees, agents and sub consultants Termination of Services. This Agreement may be terminated at any
from and against all damage, liability and cost, including time by either party should the other party fail to perform its
reasonable attorney's fees and defense costs, arising out of or obligations hereunder. In the event of termination for any
in any way connected with the performance of the services reason whatsoever, the Client shall pay the Consultant for all
under this Agreement, excepting only those damages, services rendered to the date of termination, and all
liabilities or costs attributable to the sole negligence or willful reimbursable expenses incurred prior to termination and
misconduct of the Consultant. reasonable termination expenses incurred as the result of
termination.
ZEB Environmental Solutions,Inc.
1 88 W Montauk Highway,Suite E6—Hampton Bays NY 11946
631 594 5300
0-s4NN RESOLUTION 2016-260
SCHEDULED DOC ID: 11695
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2016-260 WAS
SCHEDULED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON MARCH 8, 2016:
RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor
Scott A.Russell to enter into a professional services contract with ZEB Environmental
Solutions,Inc. for the asbestos survey, lead based paint survey and sanitary system sampling of
the Sill's Farm Property located at 70282 & 70284 Main Road in Greenport, at a cost not to
exceed$6,100.00 as outlined in their proposal dated March 4, 2016, said services to be a legal
charge to CM.8710.2.400.200, all in accordance with the Town Attorney.
Elizabeth A.Neville
Southold Town Clerk
THIS AGREEMENT made and entered into this da day of March,2016,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 ZEB Environmental Solutions, Inc. (hereinafter referred to as"Consultant")with an address
at 188 W. Montauk Highway, Suite E6, Hampton Bays,New York 11946,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 the asbestos survey, lead based paint
survey and sanitary system sampling of the Sill's Farm Property located at 70282 &70284 Main
Road in Greenport,New York.
2. SPECIFIC SERVICES.
Within 60 days after the execution of this agreement, Consultant shall submit an engineering
report including laboratory findings and recommendations for addressing any environmental
issues identified in the report. The specific scope of work is described in the attached Proposal
from Consultant dated March 4,2016.
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 60 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.
-1-
4. COMPENSATION.
In payment for the services to be performed hereunder by Consultant,the Town shall make
payments to Consultant as follows:
(a) For the services to be performed by Consultant pursuant to paragraph 2 hereof,
the Town shall pay Consultant a lump sum of$6,100.00 dollars at the conclusion of the project.
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 60 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.
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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. As an independent Consultant,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 Consultant, its agents, or employees have
been negligent. The Consultant 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.
8. CONSULTANT'S INSURANCE
The Consultant 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.
(a) Compensation Insurance: The Consultant 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) Liability Insurance: The Consultant 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:
1. 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.
2. Property damage insurance in an amount not less than$300,000 for damage on account
of all occurrences.
The Consultant 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.
-3-
9. INDEMNITY AND SAVE HARMLESS AGREEMENT
The Consultant agrees to indemnify 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 attorney's 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 his performance of
this Agreement.
10. 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.
11. 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.
12. 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: Zeb Youngman
ZEB Environmental Solutions,Inc.
188 W. Montauk Highway
Suite E6
Hampton Bays,New York 11946
13. 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.
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14. 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.
15. 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: 6.w•r
Scott A. Russell, Supervisor
ZEB Environmental Solutions,Inc.
STATE OF NEW YORK)
) ss.:
COUNTY OF SUFFOLK)
On thedc3 y of March in the year 2016 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.
cac.(ktil `1'1`1 • a 91 h—
Notary Public
LAUREN M. STANDISH
Notary Public,State of New York
No.01ST6164008
Qualified in Suffolk County
-5- Commission Expires April 9,2019
STATE OF NEW YORK)
) ss.:
COUNTY OF SUFFOLK)
On the 1 days ofofMarch in the year 2016 before me,the undersigned,personally appeared
Zed 1888/okyo( ''�"' ,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 ose b= '.lf of which the
individual acted, executed the instrument.
;f ile ,.
f .tary Pub
LUIS E.DUQUE
Notary Public,State of New York
No.01DU6257539,Suffolk County
Commission Expires March 12.2024
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