2011-3702011-370
Resolution Authorizing Execution of Contract with Enviro Clean Services, LLC for
Compliance with Petroleum Bulk Storage (PBS) Regulations and for Removal of
Underground Storage Tank at Carnwath Farms
At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on
November 28, 2011.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
ABSENT:
Barbara Gutzler
William H. Beale
Vincent F. Bettina
Ismay Czarniecki
Joseph P. Paoloni
The following Resolution was introduced by Councilman Beale and seconded by
Councilman Bettina.
WHEREAS, Joseph Jordan of Enviro Clean Services, LLC, (Enviro Clean) has submitted a
proposed contract to the Town to perform tank installation and closure services for an existing 15,000
gallon underground storage tank (UST) at Carnwath Farms as well as to comply with other Federal and
State regulations with respect to the closure and previous removal of a10,000 gallon tank as well as the
removal of the 15,000 gallon tank at Carnwath Farms, and the installation of a 1,000 gallon above ground
tank; all of which is set forth in a letter dated September 14, 2011 to the Town Board of the Town of
Wappinger, Attn: Barbara Gutzler, Supervisor, a copy of which is affixed hereto as Exhibit "I"; and
WHEREAS, the estimated total cost of this project is Twenty Nine Thousand Dollars
($29,000.00); and
WHEREAS, the proposed contract is exempt from the competitive bidding requirements of § 103
of General Municipal Law as well as the Town of Wappinger Procurement Policy pursuant to Town Code
§§46-3(A) because this is a professional service contract subject to state licensing and/or testing
requirements that requires substantial formal training; and
WHEREAS, the Town Board has determined that the authorization of this work and the
execution of the proposed contract is a Type II action pursuant to 6 NYCRR 617.5(c)(20) and is otherwise
exempt from environmental review pursuant to the New York State Environmental Quality Review Act
(SEQRA).
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully set forth and
adopted herein.
2. The Town Board determines that it is essential that the underground storage tanks
previously located or presently located at Carnwath Farms be brought into regulatory
compliance with applicable Federal and State regulations.
3. The Town Board has determined that it is in the best interest of all concerned, especially
in view of the limited use of the facilities at Carnwath Farms, to remove the 15,000
gallon underground storage tank and replace same with a new 1,000 gallon above ground
tank to be constructed in accordance with applicable regulations.
4. The Town Board hereby authorizes Supervisor Barbara A. Gutzler to enter into the
proposed contract submitted by Enviro Clean, a copy of which is affixed as Exhibit "2",
subject to any modifications recommended by the Attorney to the Town.
5. The Town Board hereby authorizes Joseph Jordan of Enviro Clean Services, LLC to
install a temporary fuel storage tank pending compliance with DEC regulations.
The foregoing was put to a vote which resulted as follows:
BARBARA GUTZLER, SUPERVISOR
WILLIAM H. BEALE, COUNCILMAN
VINCENT F. BETTINA, COUNCILMAN
ISMAY CZARNIECKI, COUNCILWOMAN
JOSEPH P. PAOLONI, COUNCILMAN
Dated: Wappingers Falls, New York
11/28/2011
Voting:
AYE
Voting:
AYE
Voting:
AYE
Voting:
AYE
Voting:
ABSENT
The Resolution is hereby duly declared adopted.
CHRISTINE FULTON, DEPUTY TOWN CLERK
ENVIRC), C
SERVICES, L.L.C.
110 Airport Drive, Suite A, Wappingers Falls, New York 12590 Phone: (800) 477-2461 Fax: (845) 463-4573
www.EnviroCleanPS.com
Services Agreement
This Agreement is by and between Enviro Clean Services, LLC ("ECS"), located at 110 Airport Drive, Suite A
Wappingers Falls, NY 12590, and the Town of Wappinger, located at 20 Middlebush Road, Wappingers Falls, NY
12590 hereinafter "Client".
ECS and Client agree as follows:
Agreement Term: This Agreement shall remain in effect until canceled in writing by either party, provided that
the cancellation of this Agreement shall not affect either Party's obligations under any orders issued and accepted
prior to such cancellation. All project specific proposals are valid for a period of 60 days.
Agreement Documents: This Agreement incorporates all documents provided to ECS by or on behalf of Client
and all documents provided to Client or its representative by or on behalf of ECS, including the ECS Rate
Schedule attached hereto as Exhibit A.
Scoae of Work and Price: All work shall be performed and invoiced in accordance with the terms and conditions
stated herein, based on scope of work, an ECS written proposal, and/or the ECS Rate Schedule in effect at the
time work is performed, and/or other Agreement Documents.
Any changes to an existing scope of work under contract, either requested by Client; or required to complete the
work; or for remediation, shall be documented in writing by a Change Order, to be issued by ECS and signed by
Client.
All Remediation work shall be performed and invoiced on a time and material basis at the ECS Rate Schedule in
effect at the time work is performed, or under the terms of an ECS written proposal.
Emergency response services shall be performed and invoiced on a time and material basis at the ECS Rate
Schedule in effect at the time work is performed.
If Client authorizes a representative(s) to initiate prescribed work, schedule work, and/or change the scope of
work, the name of representative(s) shall be listed on the attached Exhibit B (Client Representative).
General Conditions of Work: Client is responsible for furnishing to ECS all pertinent data and information
concerning the work to be performed hereunder, the nature of the work site and the nature of any conditions to be
remediated, including special hazards or risks involved with such work, premises, site or conditions. Unless
otherwise stated in ECS's written proposal, all pricing is based upon the following general conditions: (a) ECS will
not incur any waiting or standby time for reasons beyond ECS's control; (b) access to, from and at the work site
will not be restricted or limited; (c) there will be no overhead, underground, aboveground or other obstructions,
pipelines or utilities that would impede ECS work (ECS shall not be held responsible for damage to underground
or other utilities not marked out that are located within the prescribed work areas); (d) the work site and all
access ways shall be suitable for the size and weight of all vehicles and equipment utilized to perform the work;
(e) all wastes shall conform to the representations of Client and the Agreement Documents; (f) all non -emergency
response related work will be performed Monday through Friday during business hours; (g) Client is responsible
for all damage to equipment and its components not caused by the direct fault of ECS; and (h) client is
responsible for all costs associated with overloading of containers or trucks including citations, damages to
equipment or property, and loss of revenue, unless loaded by ECS. Any variance in these conditions will be
considered a change in the scope of work unless expressly stated otherwise in ECS's written proposal.
If any Client generated waste contains materials which do not conform to the descriptions in this Agreement
and/or the Waste Profile Sheet ("non -conforming waste"), ECS may, at its option, properly dispose of it, return it to
Client or require Client to remove and dispose of the non -conforming waste at Client's expense. Client shall
reimburse ECS for any expenses it incurs.
Client is expressly prohibited from allowing any other carrier to move ECS's equipment, including containers,
without the prior written consent of ECS. The equipment that ECS furnishes to Client will remain on its property
until moved by ECS. Client will be responsible for any loss or damage resulting from its handling of the
equipment, except for normal wear and tear. Client will not overload by weight or volume, move or alter the
equipment and will take reasonable precautions to prevent others from doing the same. Client will use the
equipment only for its intended purpose. If the equipment is inaccessible or overloaded by weight or volume,
ECS service will be subject to an additional charge as outlined in ECS's then current Rate Schedule or other unit
rates as applicable. ECS will not be responsible for damage to Client's driving or other surfaces resulting from
the weight of vehicles or equipment.
Client acknowledges that based on scope of work, including, but not limited to, removal of underground storage
tanks and remediation of contaminated soil, the following may be necessary in order to perform work: (1) removal
of shrubbery, removal of patios/decks, walkways, partial removal of driveways, or other Client property; (2) the
cost to replace any items removed or damaged during the course of work is the sole responsibility of the Client;
(3) should Client wish to engage ECS to provide replacement services, ECS shall provide such services at the
Rate Schedule in effect at the time work is performed or in accordance with ECS's written proposal agreed to by
Client.
Title to Waste: The parties hereto agree that ECS is not and shall not be considered the owner or generator of,
and shall not take title to, the waste materials or substances remediated, removed or otherwise handled by ECS
on behalf of Client. Client hereby authorizes ECS to sign waste manifests and profiles as agent for the generator.
Equipment Rental: The rental period for equipment shall be under the terms and conditions of the supplier's
rental agreement with ECS. In the event any rented equipment is damaged beyond reasonable repair by the
conditions of the work site, ECS shall be entitled, at its option, in lieu of rental, to charge the replacement cost of
such equipment on a cost plus basis.
Subcontractor Services: Any subcontracted services by ECS shall be billed to Client on a cost plus basis.
Licenses/Permits: In the event, ECS is required to purchase and/or acquire any licenses, permits, easements,
or rights of ingress/egress to property necessary to perform the work, ECS shall be compensated for all costs on
a cost plus basis or for a specific fee referenced in an ECS Proposal. Client hereby grants authorization to ECS
to acquire any such licenses, permits, easements, or rights of ingress/egress to property which may be duly
required. Exhibit C is provided for Client to specifically authorize ECS procurement of a "Building Permit" from any
specific Authority with Jurisdiction (AWJ) to be determined. In the event ECS is required to construct any physical
rights-of-way and/or pavements as a result of the work, ECS shall be compensated for all such work on a cost
plus basis.
Invoicing and Payment: ECS shall submit to Client an itemized cost summary and invoice setting forth the total
amount due for services rendered in accordance with ECS's proposal and/or Rate Schedule, as applicable.
Client shall make payment to ECS corporate office in Oklahoma as indicated on invoice, within ten (10) days of
date of invoice. Interest shall begin to accrue on the invoice due date on payments not received by such date at
the smaller of (i) the maximum lawful interest rate or (ii) one and one-half percent per month. The individual
signing this agreement personally guarantees payment of all charges incurred hereunder. All payments will be
first applied to interest, if any. In the event Client defaults on payment and ECS files a lien or bond claim, ECS
shall assess Client an administrative fee of $250.00 and all attorney and other collection fees will be responsibility
of Client.
Enviro Clean Services — New York / Services Agreement effective date: January 15, 2011 Page 2
Insurance Claim/Payment: Client acknowledges that the cost of work performed by ECS may, or may not, be
covered by Client's insurance policy(ies).Client agrees to pay to ECS any differential balance due resulting from
an insurance claim payment and total amount invoiced, or the full amount invoiced in the absence of insurance
payment.
Indemnity: Each party hereto agrees to indemnify, defend and hold harmless the other party hereto and the
other party's shareholders, directors, officers, employees and agents, from and against any and all claims,
demands, causes of action and liabilities of any nature, whether for damages to property, business interests, or
persons or for death, arising out of or related to the performance of this Agreement and/or the conditions to which
this Agreement pertains, to the extent that any such claims, demands, causes of action and/or liability is
attributable to the breach of Agreement, negligence or other fault of the indemnifying party. The indemnification
by each party shall survive the termination of this Agreement.
Assignment: Client may not assign, transfer or otherwise vest in any other company, entity or person, any of its
rights or obligations under the Agreement without the prior written consent of ECS.
Venue, Choice of Law and Jurisdiction: The parties stipulate that venue is proper in Dutchess County, New
York and that the laws of the State of New York shall apply to all disputes. The parties further stipulate that
jurisdiction of any dispute that arises out of this Agreement is proper in any district court in the State of New York.
Client acknowledges that all terms stated in this Agreement and Agreement Documents have been read and are
agreed to and accepted this day of 120
ENVIRO CLEAN SERVICES, LLC
Name:
Title:
Signature:
110 Airport Drive, Suite A
Wappingers Falls, NY 12590
(845) 463-4571 Fax (845)463-4573
CLIENT (Print Company or Individual Name)
Name: Barbara Gutzler
Title: Supervisor
Signature:
Site Address: 20 Middlebush Road
Wappingers Falls, NY 12590
Billing Address: 20 Middlebush Road
Wappingers Falls, NY 12590
Contact Phone: (845) 297-2744
Email:
Enviro Clean Services — New York / Services Agreement effective date: January 15, 2011 Page 3
Exhibit A
Rate Schedule*
Effective 1/15/11
Labor
Regular Rate
Emergency Response
Principal Environmental Consultant
......................... $130.00/hour
$135.00/hour
Environmental Engineer .........................................
$100.00/hour
$105.00/hour
Site Safety Officer .................................................
$ 79.00/hour
$ 85.00/hour
Project Manager .....................................................
$ 79.00/hour
$ 85.00/hour
Equipment Operator ..............................................
$ 79.00/hour
$ 85.00/hour
Site Supervisor.....................................................
$ 69.00/hour
$ 75.00/hour
Environmental Technician .....................................
$ 65.00/hour
$ 70.00/hour
Site Technician....................................................
$ 59.00/hour
$ 65.00/hour
Administrative.......................................................
$ 45.00/hour
$ 45.00/hour
Labor Billinq
Straight Time ............................................
Time & one-half ..............................................
Time & one-half ..............................................
Doubletime ..............................................
First 8 hours daily, Monday thru Friday
In excess of first 8 hours daily, Monday thru Friday
Weekends
Holidays (New Years Day, Easter, Memorial Day, July 4th,
Labor Day, Thanksgiving Day, Christmas Day)
Subsistence - outside of 65 mile radius ............ $115.00 per person/per day
ECS personnel shall be billed portal to portal and for the time required to mobilize, service, repair and restock all
vehicles and equipment used in the performance of the contract. In the event any ECS personnel are engaged
to provide expert testimony in any court or administrative proceeding, the rate for such person shall be two (2)
times the regular hourly rate stated above.
Personal Protection Equipment (PPE) Levels
Level "D" .................................................... add $ 45.00/person/day
Level °C" ................................................... add $ 60.00/person/day
Level "B" ................................................... add $115.00/person/day
Level "A" ................................................... add $195.00/person/hour
Personal Protective Equipment per person includes up to (4) PPE suits, (4) boots, and (6) pairs of gloves. Any
excess PPE utilized shall be invoiced on a cost plus basis.
*Rentals, Subcontracts, Consumables and Commercial Travel billed at cost + 18%
Enviro Clean Services — New York / Services Agreement effective date: January 15, 2011 Page 4
Equipment
Trucks
Service response truck ............................................ $40/hr + $1.60/mile
Work truck with tools ............................................... $20/hr + $1.60/mile
Utility truck......................................................... $1.60/mile
Heavy Equipment
(mobilization and demobilization fees apply)
$ 50/day
Articulated Boom Excavator......................................$475/day
$ 75/day
John Deere 2520 Tractor.........................................$275/day
$ 75/day
9 Ton Dump Truck — (D1) .........................................
$ 65/hr
9 Ton Dump Truck — (D1) + 20 Ton Equipment Trailer..
$ 85/hr
Mack Tandem Axle Dump Truck — (D2) .......................
$ 85/hr
Mack Tri -Axle Dump Truck — (D3) .............................
$ 85/hr
D2 or D3 + 20 Ton Equipment Trailer ......................
$100/hr
14' Spill Response / Equipment Trailer .......................
$250/day
8' Spill Response / Equipment Trailer ........................
$150/day
14' Equipment Trailer .............................................
$125/day
John Deere 310E Backhoe ......................................
$475/day
John Deere 310E Backhoe + Compactor ....................
$900/day
John Deere 310E Backhoe + Ram (800 lb.) ................
$900/day
Skidsteer.............................................................
$475/day
Equipment
100 Gallon Mixing Tank .................................
$ 50/day
300 Gallon Portable Tank & Equipment ............
$ 75/day
500 Gallon Skid Tank ....................................
$ 75/day
4000 psi Heated Power washer & trailer ...........
$200/day
Air Compressor ...........................................
$ 75/day
Backpack Pump Sprayer ................................
$ 25/day
Blower (gas) ................................................
$ 40/day
Bosch Rotor Hammer ...................................
$ 50/day
Bosch Rotor Hammer w/ 2"core bit ..................
$ 85/day
Bosch Rotor Hammer w/4" core bit ..................
$100/day
Electric Air Compressor .................................
$ 25/day
Electric Pipe Threader ..................................
$150/day
Concrete Mixer ...........................................
$150/day
Frac Tank 2000 gallon ...................................
$100/day + delivery
Frac Tank 300 gallon ....................................
$ 75/day
Hand Sprayer ..............................................
$ 15/day
Interface Meter .............................................
$100/day
LEL Meter (Lower Explosive Limit) .................
$100/day
Light Tower -portable .....................................
$ 25/day
PID (Photo Ionization Detector) .....................
$150/day
Plate Compactor ..........................................
$100/day
Pneumatic pump ..........................................
$ 75/day
Power Washer - portable ...............................
$100/day
Sampling Kit / Soil Auger ..............................
$ 25/day
Sawzall......................................................
$ 25/day
Sawzall blades ...........................................
$ 7.50/each
Sump pump 2" with hoses .............................
$ 75/day
Survey Package .........................................
$100/day
Transfer Pump ...........................................
$ 75/day
VentFan ...................................................
$ 25/day
Wet/Dry Saw (concrete demo saw) ................
$350/day
Page 5
Enviro Clean Services — New York / Services Agreement effective date: January 15, 2011
Wet Vac .....................................................
$ 25/day
Bailer - Disposal Poly 3/" x 24" ..................................
$ 10/each
Waste Disposal Services
$ 12/each
Booms - Absorbent Oil Only 5" x 10' ...........................
$100/pack
Contaminated soil disposal ......................................
$ 95/ton*
Drummed Waste
$ 15/bag
Fuel oil tank bottoms ....................................
$195/drum
Gasoline tank bottoms ..................................
$215/drum
Oil soaked debris .........................................$230/drum
$ 7/can
PCS .........................................................
$195/drum
Waste oil ...................................................
$195/drum
Drum transportation (portal to portal) ...............
$ 69/hr (minimum 1 hr)
Gas/water............................................................
$ 1.35/gallon
Oily water.............................................................
$ .95/gallon
Oily sludge...........................................................
$ 1.25/gallon
Vacuum truck service .............................................
$ Cost + 18%
* Typical tonnage rate: Additional fees may apply based on fees imposed by disposal facility.
Material
55 Gallon DOT Metal Drum .......................................
$ 55/each
Bailer - Disposal Poly 3/" x 24" ..................................
$ 10/each
Bailer - Disposal Poly 1.5" x 36" .................................
$ 12/each
Booms - Absorbent Oil Only 5" x 10' ...........................
$100/pack
Booms - Absorbent 8" x 10' .......................................
$200/pack
Granular Absorbent (All Natural Absorbent) .................
$ 15/bag
EnviroClean Surfactant - 5 Gallon ..............................
$ 41/gallon
Enviro D -Grease ....................................................
$ 19/gallon
Marking Paint.........................................................
$ 7/can
Pads - Oil Only ......................................................
$ 85/bale
Pads - Universal ....................................................
$ 95/bale
Poly Bags - 75 gallon 6 mil .......................................
$ 2.50/each
Poly Sheeting 20'x100'x 6mil....................................
$100/roll
Regenox (Part A & B) .............................................
$250/set
Safety Fence ........................................................
$ 1.00/foot
Safety Fence Posts ................................................
$ 6.50/each
New York / NELAC Analvtical Service Fees"
Commercial PCS Disposal Profile*** ...........................
$450/each
Residential PCS Disposal Profile*** ...........................
$175/each
Water/Soil Sample EPA 8260/8270 STARS ...............
$275/set
Water/Soil Sample EPA 8260 STARS ........................
$125/each
Potable Water Sample EPA 524 ...............................
$125/each
Air/Vapor Sample EPA TO14...................................
$275/each
Air/Vapor Sample EPA T01 ...................................
$350/each
**Standard processing 5-7 business days; rush analysis available upon request at additional cost.
***Typical analyses required by disposal facility; additional fees may apply based on requirements of disposal
facility and nature of project.
Enviro Clean Services — New York / Services Agreement effective date: January 15, 2011 Page 6
Enviro Clean Services — New York / Services Agreement effective date: January 15, 2011 Page 7
Exhibit B
Client Representative
I, , authorize the following Representative(s) to initiate prescribed
(client name)
work, schedule work, and or change scope of work, on my behalf:
NAME
1.
2.
3.
Client Signature
TITLE CONTACT PHONE
Enviro Clean Services — New York / Services Agreement effective date: January 15, 2011 Page 8
Exhibit C
Client Authorization to Obtain Building Permit
Date:
hereby authorize Enviro Clean Services, LLC to be my authorized agent for the project
located at
Signed
Date
Enviro Clean Services — New York / Services Agreement effective date: January 15, 2011 Page 9
ENVIRC)
PRODUCTS & SERVICES
• • • • • • • • • • • • •
110 Airport Drive, Suite A, Wappingers Falls, New York 12590 Phone: (800) 477-2461 Fax: (845) 463-4573
www.EnviroC]eanPS.com
September 14, 2011
Town Board
Town of Wappinger
20 Middlebush Road
Wappingers Falls, New York 12590
Attn: Barbara Gutzler, Supervisor
RE: Carnwath Facility, Wheeler Hill Road, Town of Wappinger
NYSDEC PBS#: 3-601192, NYSDEC Spill No. 0211922
Dear Supervisor Gutzler & Boardmembers,
Thank you for the opportunity to have Enviro Clean Services, LLC (ECS) submit to you our budget
estimate for performing Tank installation and closure services for the existing 15,000 gallon
underground storage tank (UST) on site. It is understood that this 15,000 gallon tank is presently
unregistered and yet in service and the existing PBS database reflects the former 10,000 gallon
UST as currently in service. It is also understood that the facility PBS registration with NYSDEC had
expired as of March 5, 2008 and Spill No. 0211922 remains open. The agreed upon proposal will
include the installation of an alternate 1000 gallon #2 fuel oil aboveground storage tank and the
subsequent removal and closure of the existing 15,000 gallon UST and the technical closure of the
former 10,000 gallon UST in conformance with all pertinent state and federal regulations. It is
understood that upon completion of the project, the facility would be in a position to become an
"unregulated" facility per current PBS regulations and that this proposal will be utilized to enter into
an agreement with NYSDEC with respect to the disposition of the facility based upon this proposal.
Estimate to remove the 15,000 gallon #2 fuel oil UST and install (1) 1000 gallon AST and
associated piping.
1,000 gallon AST Installation:
• Labor and equipment to install (1) new 1000 gallon Highland Mfg. double wall skid
tank (UL 142) on new concrete pad. Tank to be installed in conformance with
NYSDEC PBS Regulations, specifically 6 NYCRR part 614 and local fire code.
Tank to include emergency vent, necessary gauges(s), 2" scully fill, spill bucket,
overfill protection valve and whistle / gauge combo. New piping to be completed via
new penetration in rear of building to boiler room. Location TBD with Town
representative.
Budget cost estimate: $ 9,500.00
ENVIRC)
PRODUCTS & SERVICES
• • • i • • • • • • • • •
15,000 gallon UST Removal* & NYSDEC Closure
Provide labor and equipment to remove the (1) 15,000 gallon UST. Tank to be
removed and disposed of in conformance with State and Federal regulations.
Estimate includes 100 tons of clean backfill material. Existing electronic monitoring
system to be removed. Repaving not included in price. Liquid waste disposal
charges additional $ 475.00 vac truck fee plus $ 0.95 per gallon.
• Conduct site assessment of tank pit for current and former UST's (overlapping tank
pits) for NYSDEC required Closure Report including (8) confirmatory soil samples via
a NYSDOH certified lab, with written analytical report — USEPA Method 8260/8270
STARS.
• NYSDEC Tank & Spill Closure Report / Site Assessment including an amended PBS
registration application at completion of project.
Budget cost estimate: $19,500.00
Lump sum total budget estimate: $ 29,000.00
The following conditions, if encountered, will cause the project to "go out of scope"
• Presence of contaminated soils and/or groundwater
If this estimate meets your approval kindly sign our proposal where indicated and return so that we
can schedule work immediately. Invoicing will be generated on a monthly basis and submitted to
Town on a net 30 basis. Any photographs, field notes, disposal documents and reports are the sole
property of Enviro Clean Services LLC until the project is paid in full.
This proposal is understood and accepted:
Signature and Date:
Print Name:
Thank you for the opportunity to work with you on this project.
Sincerely,
Joseph C Jordan
Joseph C. Jordan
Principal
Cc: Robert J Gray
2