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Home My Public Portal Aboutr 12-207P ,50 ful i vn of 14> omug4 of No. 12 -207 0.xsllber 20, 2012 B Date of Adootioa RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES CONTRACT FOR ENGINEERING SERVICES )WITH T &M ASSOCIATES — PHASE H TURtNP1KE SANITARY SENVER CROSSING SUPPLEMENTAL CONTRACT ADitiIINISTRATPON & INSPECTION SERVICES WHEREAS, the Borough of Carteret is in need of engineering services in regard to Phase U Turnpike Sanitary Sewer Crossing Supplemental Contract Administration & Inspection Services; and WHEREAS, the Borough's Consulting Engineers, T &M Associates, possess the requisite skill and expertise for said services; and WHEREAS, T &M Associates has submitted a proposal to provide said engineering services at a total cost not to exceed $75,000.00; and WHEREAS, the Mayor and Council have reviewed said proposal; WHEREAS, the Chief Financial Officer has certified that funds are or will be available for said purpose. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Carteret, County of Middlesex, State of New Jersey, as follows: 1. That the proposal from T &M Associates for engineering services in regard to Phase If Turnpike Sanitary Sewer Crossing Supplemental Contract Administration & Inspection Services at a total cost not to exceed $75,000.00 at the rate set forth in T &M's existing contract with the Borough is hereby approved. 2. That annexed hereto is a copy of said proposal. 3. That this action is approved as an award of a professional services contract pursuant to N.J.S.A. 40A:I1- 5(1)(a) in accordance with the Borough's Fair and Open Process as authorized by law. 4. That a copy of this resolution be forwarded to the Borough's Purchasing Department and T &ivf Associates. Adopted this 20 day of December, 2012 and certified as a true copy of the original on December 21, 2012. KATHLEEN M. BARNEY, NMIC Municipal Clerk RECORD OF COUNCIL VOTE COUNCILMAN YES NO NV A.B. COUNCILMAN YES No NY A.B. BELLINO X KRUPI DIAZ X NAPLES X DI MASCIO X SITARZ X X Indicate Vote AB - Absent W - Not Votiag XOR- Indicates Vote to OvurWe Veto Adopted at a meeting of the Municipal Council Dom "r 20 2D12 L R' 1373 BROAD STREET. SUITE 306 CLIFTON NJ 07013 -4231 ji1 (973) 614 - 0005 `' fax (973) 614 -0025 " www.t diqS ' Cciates.CGM A9s IAT E CART -01821 December 14 2012 Mayor and Borough Council Borough of Carteret 61 Cooke Avenue Carteret, NJ 07008 Re: Turnpike Sanitary Sewer Crossing Supplemental Contract Administration and Inspection Services Dear Mayor & Council Members: Our office issued a second Notice to Proceed to Cruz Contracting, LLC the contractor for the referenced project on July 5, 2012 directing them to return to the project and recommence work on the Turnpike Sewer Crossing project, Cruz remobilized and commenced project work on September 15, 2012 and has been working regularly, weather permitting, since then. The current project schedule calls for microtunneling to be conducted between January 6 and February 1st and project completion in April 2013. As you are aware, the project originally began with a contract award to Cruz in July 2010 and Cruz initiated preliminary contract work shortly thereafter making various material and equipment submittals; coordinating with affected agencies (NJTA and Conrail) and utility companies; performing utility test pits; and other related work. One of the fast items of business of Cruz was to pursue a material substitution for the steel casing pipe with welded joints to a steel pipe with permalok joints. Per the contract documents, Cruz was required to obtain agency approval of the proposed substitution from NJTA and Conrail which they then pursued for the next 12 months. This initiative by Cruz caused significant delays in the start of construction and required our office to spend an inordinate amount of contract administration time to track the proposed change and deal with this proposed change. Further, from the first preconstruction meeting held in November 2010, the various utility companies which have utility lines within the project area and that the new sanitary sewer line will be crossing placed numerous and unreasonable requirements and roadblock in the Borough's way and this resulted in significant interaction from our project team with these utility companies, NJTA, Conrail, and Cruz. One of the affected utility companies, Colonial Pipeline dictated that the project construction approach be drastically changed to reverse the direction of the microtunneling_ operation Although the Borough established the boring direction to be from west to east under the Turnpike to minimize construction impacts on residents in the vicinity of Oak Street and Varga Drive, Colonial insisted on the boring reversal and stopped the project from moving ahead, ENGINEERS ' PLANNERS x LANDSCAPE ARCHITECTS * ENVIRONMENTAL SCIENTISTS ` SURVEYORS CIVIL ' ELECTRICAL * ENVIRONMENTAL ` MECHANICAL * MUNICIPAL' SITE * SOLID WASTE * STRUCTURAL ' TRAFFIC * TRANSPORTUION CORPORATE HEAGOUi.RTERS IN f'IDDLETOVAN, NJ / REGIONAL OFFICES: TOPAS LIVER, NJ; MOORESTOWiI, NJ; PLYMOUTH MEETING, PP,: end SAN JP\N, PUERTO RICO 00-2-EE a Le: Mayor and Borough Council CART -01821 December 14, 2012 Re: Turnpike Sanitary Sewer Crossing Page 2 Supplemental Contract Administration and Inspection Services Colonial's unreasonable actions and position forced the Borough to significantly modify the project construction plans and redesign the project to reverse the boring direction which in turn required approximately $300,000 in additional construction costs that the Borough would have had to pay for. Accordingly, these actions by Colonial required significant redesign costs as well as the loss of a significant amount of contract administration time and effort to deal with these matters and try to satisfy Colonial. At the request of the Borough, we continued to object to the requirements imposed by Colonial and had meetings with their Regional Manager from Texas to have the locally imposed boring direction issue waived by applying for and receiving a Pipeline Crossing Clearance Waiver from Colonial. In addition, over the past year we have assisted the Borough with review and ne otiating numerous extra cost claims from Cruz relative to the Colonial required boring reversal which resulted in redesign and extra construction costs for reconstruction the Minue Street Receiving Pit. Our efforts on behalf of the Borough also included supporting the Borough in their counter claims against Cruz for work delays unrelated to the Colonial matter and drafting a settlement agreement with the Borough Attorney. As you are also aware, the above outlined utility, agency, and contractor issues resulted in a substantial delay in the start of the construction work and a commensurate significant amount of unanticipated contract administration effort. As a result of the inordinate amount of extra contract administration and management time and redesign efforts associated with the above outlined onerous requirements and impositions caused by Colonial, Conrail, and Cruz, we respectively request Borough consideration of our request herein for approval of additional contract administration and inspection fees necessary to complete the project. In order to provide required oversight of the project work through April 2013, we propose a supplemental construction phase fee not to exceed $75,000. Thank you for your consideration of the above requested extra construction phase costs. Le: Mayor and Borough Council CART -01821 December 14, 2012 Re: Turnpike Sanitary Sewer Crossing Page 3 Supplemental Contract Administration and Inspection Services If you have any questions concerning this matter or the details provided herein, please call. Very truly yours, T &M A V DONALD J. NORBUT, P.E., C.M.E. CARTERET BOROUGH ENGINEER DJN:sp cc: Kathleen Barney, Borough Clerk Patrick DeBlasio, CFO H:\CmP,01821iCn� pondencelPMaym_DJY T &M Extra CAM Fee Proposal.doc f OFFICE of KATHLEEN ,H. s'ARNEy, RMC /C \1C iVLU2YICTPAL CLERK N TO: Patrick DeBlasio, Treasurer Borough of Carteret Date: 12 REQUEST FOR CERTIFICATION OF AVAILABLE FUNDS: X. F r : AUIIIQRIZDE PR=ICML SERVICES CaffMCI FOR MIN E'RIW SFiZ7ICES WM `TgM ASSOCIATES H Aa II IMXPIKE SMIIM SgvEZ Cid'1S M 9UPPLR4NJ 1L CQVTRACI AIS'fIIVISIIt4TIQV & IIQSPECI'I�1 SIIn7I Name of Ac coun t : FZ OLUPICN #12 -207 AMOUNT TO BE ENCUMBERED: TM CST MT TO EXCEED $75,000.00 KATHLEEN M, BAR Municipal Clerk CERTIFICATION OF. AVAILABILITY OF FUNDS I, Treasurer of the Borough of Carteret, do her eby.'ge there are sufficient funds available in the curr.en:';budgeC ro enable the Municipal Council to authorize the ent�i= ? ing intq •s`''h Contract between the Borough of Carteret and: F , ti The funds available -for this contract are in the Budget, in the account of: in the amount of: L By this certification, I have hereby encumbered the above roamed accounc for the amount of the contract pending Council action, Patriek DeBlasio, / Treasurer DATE: /'' C �` � 3 _ MIOOLESEX ccU,,qTy C zfs �erszv 0 0 AFFIDAVIT OF PUBLICATION The following is a true copy of a Classified/Help Wanted Ad of the Borough of Carteret that has appeared in the Star Ledger, a newspaper which is printed in Newark, New Jersey and published in Essex County, of general circulation in said county and state. One (1) time(s) once in each issue as follows: APRIL 29, 2013 l._/J�1,- E�ez..✓ / A".. / J°Y�yz c %%-� ' �, �l_ e ' ' c.. ® mac �.' .� Notary Public of 'ftAIRWRA Kathleen M. Barney, MMC NOTARY PUBLIC OF NEW JERS `lnicip Clerk MY COMMISSION EXPIRES MAY L, ZJ 6 Sworn and Subscribed before Me this day of , )-o 13 . OFFICE OF KATHLEEN X. "ARNEY, RMC/C }2C �"""'CTPAI. CLERK U D a t e : 12-20 -12 X TO: Patrick DaBlasio, _ Treasurer Borough of Carteret REQUEST FOR CERTIFICATION OF AVAILABLE FUNDS: Fo r ; AUTHORIZING PRO=IWAL SERVICES GaIMCP FOR MINEMM SEMICES WM '2M ASSOCIATES THASE II NidPIKE SHIM SENM MESM SUPPLE4NIAL 01VIRACP AChffNISIRATIQV & INSPISTICIV SIRVI Name of Accou RESCL UPIQV # 12-207 AMOUNT TO BE ENCUMBERED: 1DE4 = NX TO IIOCCFFD $75,000.00 ATHLEEN M. BARNE , Municipal Clerk CERTIFICATION OF. AVAILABILITY OF FUNDS I, Treasurer of the Borough of Carteret, do hereby. °Qn�i�fy1aC there are sufficient funds available in the cur cenn b t-'X enable the Municipal Council to authorize the ent@ ing into ; a Contract between the Borough of CartereE and; The funds available for this contract are in the Budget,in the account of: in the amount of: /a�OQo,00 By this certification, I have hereby encumbered the above named account for the amount of the contract /ending Council action, PaCri DeBlasio, Treasurer - DATE; , P Lrrrrlx NnooLesex coUiVTy C zfu �ersev E