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Home My Public Portal Aboutr 11-096P0011tion of #4e Piozolagh Of aurterd, �q, 4. No. 11 —9Fi Date of Adoption Y 19, X 11 AUTHORIZING AN EXTRAORDINARY, UNSPECIFLABLE SERVICES CONTRACT WITH MARINE SAFETY CONSULTANT, INC. — 1VIARINA MARINE RISK ANALYSIS WHEREAS, the Borough of Carteret, ( "Borough "), requires extraordinary, unspecifiable services with regard to the Proposed Marina Marine Risk Analysis at Carteret Waterfront Pazk; and WHEREAS, Marine Safety Consultants, Inc., located at 26 Water Street, Fairhaven, MA, 02719, is uniquely qualified to provide the required Risk Assessment Analysis of the navigational hazards and risks that would be associated with the operation and enjoyment of the proposed Carteret Marina; and WHEREAS, the Borough has received a proposal from Marine Safety Consultants, Inc., to provide said services at a cost not to exceed $10,000.00; and the Mayor and Council have reviewed said proposal and the Borough Engineer has the approval of the same; and the Chief Financial Officer has certified that funds are or will be available for the THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of as follows: 1. The proposal from Marine Safety Consultants, Inc., to provide extraordinary, unspecifiable services in connection with the Proposed Marina Marine Risk Analysis at Carteret Waterfront Park in an amount not to exceed $10,000.00 is hereby approved. 2. This action is approved without competitive bids as an award of an extraordinary, unspecifiable services contract. 3. A copy of this resolution shall be forwarded to the Borough's Purchasing Department, Borough Engineer and CME Associates. Adopted this 19" day of May, 2011 and certified as a true copy of the original on May 20, 2011. KATHLEEN M. BARNEY, MMC Municipal Clerk RECORD OF COUNCIL VOTE.. COUNCILMAN - YES I NO NV I A.B. COUNCILMAN YFS NO NV A.B. BEL LED X X DIAZ x NAP[ FS X DDASCIO SaARZ X - Indicate Vote AB - Absent NV - Not Voting XOR- Indicates Vote to Overmle Veto Adopted at a meeting of the Municipal Council I`73 19 21 LERC JOHN H. ALLGAIn, P.E., RR (1003-12'001) DAVID J. SAMUEL. P.E., P.P. JOHN J. STEFANI, P.E., L.S., P.P. JAY B. CORNELL, P.E., P.P. MICHAEL J. MOCLELLAND, P.E., P.P. GREGORY R. VALESI, P.E., P.P. Via E -Mall & 1e class Mail Mayor Daniel J, Reiman Borough of Carteret Municipal Building 61 Cooke Avenue Carteret, NJ 07008 Re: Carteret Waterfront Marina "Proposal for Marina and Waterway Safety Consultant" Block 4, Lot 3 Borough of Carteret, Middlesex County, NJ Our File No. HCA00501.01 Dear Honorable Mayor Reiman: TIMOTHY This letter has been prepared to submit the proposals we have received for a safety study relative to the Carteret Marina. As you may recall, the study was strongly recommended by the Sandy Hook Pilots Association, US Coast Guard, Us Army Corps of Engineers, NJDOT, and Office of Maritime Resources, during our meeting in Trenton on March 21, 2011. As recommended, the study is to address safety concerns about the introduction of recreational boaters into the Arthur Kill, which the regulators see as a largely commercial - industrial waterway. According to the Sandy Hook Pilots, the study is supposed to be an independent evaluation that is to assess if there are valid safety concerns about the operation of large tankers and container ships alongside recreational boaters, and what means can be taken to alleviate their concerns. This type of study is specialized, to the point where there are only a couple of regional, qualified consultants capable of conducting the work. We spoke with and received proposals from two (2) separate firms: Marina Safety Consultants of Fairhaven MA, and Safety Management Systems of Portland ME. Both proposals are included herein for your review. As you can see, the stated prices vary considerably. After speaking with both firms, it appears that Safety Marine Consultants are best suited to perform the work, in that they were the most familiar with the operations of the waterway and the nature of the assessment needed. In order to facilitate the authorization, we are recommending that the Borough contract directly with the consultant, in that the regulators indicted they are looking to have the work performed by an independent consultant. Marina Safety Consultants has indicated that the work will take approximately 60 days to complete. S:1CarleraNiCA00501.01 `W 1.01 Rebnan IV 05A2 -11.do P.E., P.P. P.E., P.P. P.E., P. P. P.E. P.E., P.P. P.E. 83 CONRUING AND MUNKPA. ENGMrEERS 1460 ROUTE 0 SOUTH, HOWELL, NEW JERSEY 07731— (732) 462.740D — FAX: (732) Rtn Tel: (508)996 -4110 Fax: (508 990 -2094 TAUNTON OFFICE 128 Dean Street, Front, 1� Floor Taunton, MA Tai: 50MM-6055 Fax: 608 - 884.5056 MAINEINH OFFICE 400 Commercial St., Suite 403 Portland, ME 04101 -4660 Tel: 207- 775 -7933 Fax: 207- 775 -7471 Marine Safety Consultants, Inc. 26 Water Street P.O. Box 615 April 20, 2011 Fairhaven, MA 02719 -0615 PROPOSAL & AGREEMENT TO PROVIDE CONSULTING SERVICES CME Associates 1460 Highway 9 South Howell, NJ 07731 Attn: Joseph A. Giddings, CSE RE: Borough of Carteret Proposed Marina Marine Risk Analysis Dear Joseph, Please accept this letter as our proposal to provide the Borough of Carteret, NJ, through your office, with a Risk Assessment Analysis of the navigational hazards and risks that would be associated with the operation and enjoyment of the proposed Carteret Marina, Marine Safety Consultants, Inc. has conducted similar assignments for clients in the past. As examples, we have consulted with a major oil company on the safety of a proposed ship turning basin in Richmond, CA and conducted a hazard analysis for a client who was considering relocating a pier structure at a bend in the lower Mississippi River. We have written safety manuals, project risk assessments, and conducted safety, environmental and security assessments, We have provided remedies and instruction on mitigating risks, security and environmental vulnerabilities, sighting regulatory deficiencies. Our project team consists of licensed vessel masters, principal marine surveyors, OSHA and safety knowledgeable professionals, US Merchant Marine and USCG Academy graduates and safety professionals. In our experience with this kind of project, we anticipate at least one site visit. Enclosed please find our outline of the scope of work anticipated for this type of project. Borough of Carteret Risk Analysis for proposed marina The fee for this project is quoted at $10,000,00, inclusive of all ordinary and anticipated expenses. This fee will allow us to fulfill the Risk Analysis Report as it is outlined on the attachment. A progress payment invoice of 50% of the project value will be issued upon the signing of an Agreement, due and payable within 20 days. Provided that the various authorities from whom we will be requesting information are able to respond in a timely manner, we anticipate completing this project within 60 days of the signing of an agreement. If all parties are satisfied with the scope of work and fee arrangement, this document can serve as an agreement between the parties, pending any formal contract as may be required by the borough, or whoever is to be responsible for our fees. In anticipation of possible contract change orders increasing the scope of work, change orders will be invoiced on a time and materials basis unless otherwise agreed in writing. This additional scope, per our discussions, might include a US Coast Guard mandated Security Plan. Thank you for considering Marine Safety Consultants, Inc, for this important project, and please feel fiee to call either Dean or me at any time if you have questions or further instructions. If the enclosed proposal meets with your approval please sign, and return a copy for our files. BOROUGH of CARTERET, NJ MARINE SAFETY CONSULTANTS, INC. le '6 V Name & Title Michael L. Collyer General Manager CME Associates Representative Dated Name: 2 Borough of Carteret Risk Analysis for proposed marina CARTERETMARINARISKANALYSIS and ASSESSMENT REPORT Outline INTRODUCTION • Identify proposed marina project. • Identify scope of risk analysis and assessment conducted • Identify report structure. • Identify procedures used to obtain report data. COLLECT INFORMATION & DATA • Research and collect data on; • marina operations, • commercial vessel traffic, • waterway, local rules, etc.. • Research navigational transit data and seasonal usage of waterway • Research accident data for waterway • Interview local authorities and key stakeholders (pilots, towing vessel reps., USCG, USACE, etc.) HAZARDS & RISKS • Identify and analyze hazards and assess risks associated with introduction of marina and associated recreational boat traffic to waterway. • Identify risks involved with commercial traffic in close proximity to proposed marina. • List concerns from; o USCG o USACE o NJ DEP o EPA o Commercial Operators o Ships Pilots/Docking Masters o Commercial vessel masters o Waterway personnel transportation(ferry) operators. o American Boat and Yacht Council o Excursion vessel operators. RISKS CONTROL • Identify'!each risk found and methods of controlling same. REMARKS - RECOMMENDATIONS • Physical risk controls • Sigaage • Training • Communication 3 CONCLUSION & SUMMARY i.S�� May 3, 2011 Joseph A. Giddings, CSE CME Associates 1460 Highway 9 South Howell, NJ 07731 Re: Navigational Safety Assessment Proposal Dear Joe: I wish to submit this proposal pursuant to your recent request though please consider the following limitations of this document. (a) This proposal is not based on a structured RFP or other codified specifications for the consulting tasks involved. This proposal assumes a standard of care that Is consistent with consulting projects of similar complexity. (b) Numerous stakeholders may be impacted by the resulting recommendations from the proposed assessment including the U.S. Coast Guard, U.S. Army Corps of Engineers, Sandy Hook Pilots, the Borough of Carteret, the N.J. Department of Transportation and others. (c) SMSLLC will objectively identify and evaluate the risks posed by the introduction of the proposed marina to the continued safe operation of commercial vessels. (d) SMSLLC will perform due diligence and research that will involve all stakeholders and that will consider available data and information. (e) SMSLLC will be contracted by CME Associates and not the Borough of Carteret. Please do not hesitate to contact me regarding particular questions or concerns. We . are appreciative for the opportunity to submit this proposal. Sincerely, Safety Management Systems, LLC C� William Mahoney Managing Partner SAFETY MANAGEMENT SYSTEMS, LLC 2 UNION ST., SUITE 300 • PORTLAND, ME 04101 • (207) 321 -2830 • WEB: WWW.SMSLLC.COM Assessment Management Systems, LLC Basis the Information available as provided to Safety Management Sytsems, LLC by Joseph Giddings via email on April 26, 2011 as "Carteret Waterway Assessment" and subsequent communications we estimate that a project to accomplish an assessment of the continued safety to navigation to commercial vessel traffic in light of the proposed Borough of Carteret Waterfront Marina Lots 3 and 4 Block 4 would not exceed 300 consulting hours in accordance with the attached terms and rates. The project would be managed in a series of subsequent phases commencing with due diligence and completed with assessment reporting over a calendar period of 60 days commencing on or about June 1, 2011. Note that SMSLLC has completed a similar assessment for the City of New York Department of Transportation during 2009 and may provide appropriate references upon request. 2 of SAFETY MANAGEMENT SYSTEMS, LLC Schedule of Terms and Rates Effective I Janvary 2011 Terms - Invoices are prepared and issued to clients on a monthly basis. The terms of these Invoices are "Net 30 Days ". Rates - SAFETY MANAGEMENT SYSTEMS, LLC provides professional services at the following rates: ♦ Hourly Rate An hourly rate of $140.00 shall be billed for all professional services performed by qualified consultants. An hourly rate of $60.00 shall be billed for administrative support services as necessary. ® Project Rate Fixed -cost rates are established for certain projects based on mutual interest of the Client and SMSLLC. Project rates are variable and may be applied for lengthier engagements involving higher resource requirements. ® Travel Rate Travel time shall be billed to the Client at an hourly rate of $80.00. Travel time in excess of ten (10) hours In a given day shall be billed at a maximum rate of $800.00 per day. Expenses - All expenses incurred by SMSLLC in the course of providing its services shall be billed to the Client at actual cost. Expenses shall include, though not be limited to transportation, lodging, meals, copies, express mall, etc. SAFETY MANAGEMENT SYSTEMS, LLC 2 UNION ST., SUITE 300 • PORTLAND, ME 04101 • (207) 321 -2830 • WEB: WWW.SMSLLC.COM