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2010-2292010-229 Resolution Authorizing Enviro Clean Services, LLC, to Provide Monitoring to Comply with Petroleum Bulk Storage Regulations at Carnwath Facility 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 June 28, 2010. The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Councilmembers ABSENT: Christopher J. Colsey William H. Beale Vincent F. Bettina Ismay Czarniecki Joseph P. Paoloni (arrived at 6:52 PM/departed 8:52 PM) The following Resolution was introduced by Councilman Beale and seconded by Councilman Bettina. WHEREAS, the Town owns the Carnwath Estate located on Wheeler Hill Road in the Town of Wappinger; and WHEREAS, the Carnwath Estate contains one (1) 15,000 gallon petroleum storage tank which has an electronic inventory and intersticial monitor and four (4) above ground storage tanks; and WHEREAS, the 15,000 gallon tank has an electronic inventory and intersticial monitoring system which is inoperative because of the loss of electric service at the Camwath Estate, rendering the systems ineffective; and WHEREAS, the Town has received a proposal from Enviro Clean Services, LLC, to provide monitoring of the above referenced systems at a cost of $550.00 per month; and WHEREAS, the monitoring to be undertaken by Enviro Clean Services, LLC, is deemed to be a professional service and not otherwise subject to competitive bidding pursuant to General Municipal Law § 103 or pursuant to the Town's Procurement Policy; and WHEREAS, the Town Board hereby determines that it is essential to undertake the required monitoring so as to comply with the NYSDEC Petroleum Bulk Storage regulations. 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 hereby elects to employ Enviro Clean Services, LLC, to undertake monitoring of the Petroleum Bulk Storage Tanks and facilities at the Camwath Estate at a maximum cost of $550.00 per month in accordance with a letter proposal dated June 22, 2010, to be incorporated in a Services Agreement, both of which documents are attached hereto and made part hereof. The term of this Agreement shall be for a minimum of four (4) months or until terminated by the Town Board on thirty (30) days notice to Enviro Clean Services, LLC. 3. Supervisor Christopher J. Colsey is hereby authorized to accept the written proposal as set forth in the letter dated June 22, 2010, as well as to enter into the Services Agreement, copies of both documents are attached to this Resolution and made a part hereof. 4. It is further directed that Enviro Clean Services, LLC, shall commence monitoring immediately upon execution of the Agreement by the Town Board. The foregoing was put to a vote which resulted as follows: CHRISTOPHER COLSEY, SUPERVISOR Voting: AYE WILLIAM H. BEALE, COUNCILMAN Voting: AYE VINCENT F. BETTINA, COUNCILMAN Voting: AYE ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE JOSEPH P. PAOLONI, COUNCILMAN Voting: AYE Dated: Wappingers Falls, New York 6/28/2010 The Resolution is hereby duly declared adopted. 64L- �4'L 'f 9 HN C. MASTERSON, TOWN CLERK ENVIR LEAN PRODUCTS & SERVICES 110 Airport Drive, Suite A, Wappingers Falls, New York 125,690 *Phone: (800) 472461 OFax: (845) 4613-4573 www.EnviroCleanPS.com June 22, 2010 Town Board Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590 Attn: Christopher J. Colsey, Supervisor RE: Carnwath Facility, Wheeler Hill Road, Town of Wappinger NYSDEC Petroleum Bulk Storage Compliance, PBS#: 3-601192 Dear Supervisor Colsey & Boardmembers, Thank you for the opportunity to have Enviro Clean Services, LLC (ECS) submit to you our estimate for performing ongoing maintenance services for the existing tanks on site. It is understood that the 15,000 gallon tank is presently unregistered and yet in service. This represents a significant issue with respect to non-compliance with NYSDEC Petroleum Bulk Storage regulations as we previously have discussed with the Board. Under separate cover, we had provided a service estimate for approaching NYSDEC to register this tank and perform required services to "close" the former 10,000 gallon tank presently noted on the NYSDEC database as M001. The present 15,000 gallon tank has an electronic inventory and intersticial monitor and we understand that the facility is presently without electric service rendering these systems ineffective. Please note that any ongoing maintenance service on this tank will provide for continued manual monitoring of the intersticial portion of the tank, which could be considered a mitigating factor by NYSDEC with respect to overall general issues of non-compliance as the facility/tank presently exists. It is understood that Town personnel will interface with ECS with respect to facility/building access and temporary lighting or other required service to complete the proposed work. 15,000 gallon Tank intersticial / inventory monitoring system modification: ECS will provide a qualified Technician to remove and reserve the existing intersticial probe and provide for weekly manual monitoring of the interstice for petroleum or water. A record/log will be completed and maintained in the "Compliance Binder" previously prepared for the Facility by ECS. Aboveground Storage Tank (AST) required monthly monitoring/inspection: The ECS technician will additionally provide required monthly inspections of the remaining aboveground storage tanks (AST's). These are noted as tanks, M003, M004, M005 and M006 on the referenced DEC database. Inspections will be performed monthly and a record/log will be completed and retained in the noted Binder. Results of the monthly inspections may lead to incidental findings whereby additional services may be required. (i.e. scraping and painting of rusted surfaces, labeling repairs) ENVIRC) PRODUCTS & SERVICES • • t • • • t • i r i • • These additional services may be provided on a time and materials basis, with notification to the Town, as contained within the included "Services Agreement' should the Board consider establishing one with ECS for incidental service requirements. We anticipate performing (4) site visits per month to address the weekly requirement which will include one such visit representing the required monthly inspection coinciding with the weekly duty. The monthly cost for these services of this project is $550.00 per month (tax exempt certificate needed). 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 Da � 3D/fid Print Name: �� ����'� G` Thank you for the opportunity to work with you on this project. Sincerely, Joseph C Jordan Joseph C. Jordan Principal Incl. Cc: Robert J Gray 2 ENVIROLEAN SERVICES, L.L.C. i • • i • i • • ! 0 • i • 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. Scope 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. 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 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. In the event, ECS is required to construct any 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 invoice setting forth the total amount due for services rendered in accordance with ECS's proposal and/or Rate Schedule, if 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. Insurance Claim/Payment: Client acknowledges that the cost of ECS work performed may or may not be covered by Client's insurance policy(ies) and Client agrees to pay to ECS any balance due resulting from an insurance claim payment and total amount invoiced or the full amount invoiced in the absence of insurance payment. Enviro Clean Services — New York / Services Agreement Page 2 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 SO day of ,ui,► 2010 ENVIRO CLEAN SERVICES, LLC Name: Joseph C. Jordan Title: Principal Signature: 110 Airport Drive, Suite A Wappingers Falls, NY 12590 (945) 463-4571 Fax (845)463-4573 CLIENT (Print Company or Individual Name) Name: Christopher Colsev Title: Su ervis r Signatu Site Address: 20 Middlebush Road Wappingers Falls, NY 12590 Billing Address: 20 Middlebush Road Wappingers Falls, NY 12590 Contact Phone: (845) 297-2744 Email: c—COa�i`lt3� <\6f Enviro Clean Services — New York / Services Agreement Page 3 Exhibit A Rate Schedule* Effective 1/1/10 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 Billing Straight Time ............................................. First 8 hours daily, Monday thru Friday Time & one-half ................................................ In excess of first 8 hours daily, Monday thru Friday Time & one-half ................................................ Weekends Double time ............................................... Holidays (New Year's 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 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 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) Articulated Boom Excavator ......................................... $475/day John Deere 2520 Tractor ......................................... $275/day 9 Ton Dump Truck ................................................. $ 65/hr 9 Ton Dump Truck + 20 Ton Equipment Trailer ............ $ 85/hr 14' Equipment Trailer ............................................. $125/day Spill Response / Equipment Trailer ........................... $250/day John Deere 310E Backhoe ...................................... $475/day John Deere 310E Backhoe + Compactor .................... $900/day John Deere 310E Backhoe + Pavement Cutter ............ $600/day John Deere 310E Backhoe + Ram (800 Ib.) ................ $900/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 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 Transfer Pump ........................................... $ 75/day VentFan ................................................... $ 25/day Wet/Dry Saw (concrete demo saw) ................ $350/day Wet Vac ..................................................... $ 25/day Enviro Clean Services — New York / Services Agreement Page 5 Waste Disposal Services Contaminated soil disposal ...................................... $ 95/ton* Drummed Waste 10/each Fuel oil tank bottoms .................................... $195/drum Gasoline tank bottoms .................................. $215/drum Oil soaked debris .........................................$230/drum $200/pack PCS ......................................................... $195/drum Waste oil ................................................... $195/drum Drum transportation (portal to portal) ............... $ 69/hr (minimum 1 hr) Gas/water............................................................ $ 1.35/gallon Oilywater............................................................. $ .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 1/4" 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 Analytical 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 TO15................................... $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 Page 6 Exhibit B Client Authorization to Obtain Building Permit Date: -/-2 71O To: e�N 4 iP'n I hereby authorize Enviro Clean Services, LLC to be my authorized agent for the project located at tom" '-t`i -f-� 5 � "c Signed 7/3��i v Date 1177DIJ Enviro Clean Services — New York / Services Agreement Page 7