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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