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Board approves geotechnical services contract for Carrier Park with conditions, caps and legal review
Summary
Town authorized geotechnical testing/inspection work for Carrier Park projects, approving a contract subject to legal review and a not-to-exceed cap of $36,000 and requesting edits to overtime and attorney-fee clauses.
The DeWitt Town Board authorized hiring geotechnical services for Carrier Park construction-phase testing and inspections, subject to legal review and a not-to-exceed $36,000 cap.
Staff described required third-party testing (compaction, concrete, base engineering) and recommended Kenny (Kennedy) Geotechnical, the same firm used on earlier municipal projects. Board members raised contract language concerns — notably overtime and holiday premium rates (150% and 200%) and a clause requiring the town to pay the vendor’s collection attorneys’ fees. The board directed staff to delete or modify those paragraphs so overtime or attorney fees would require prior written approval and not be automatic.
Board members also clarified payment would occur within 30 days after acceptance and approval of reports by the town (on the record: payment “in 30 days after Tyler DeWitt accepts and approves the report”). The board asked that the contractor seek prior authorization before performing overtime work and to remove the vendor-collection attorney-fee requirement.
A motion to authorize the contract with the firm and subject to the board’s requested contract edits and legal review, and not to exceed $36,000, passed by voice vote.
