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