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Home My Public Portal Aboutr 12-199Psurfuttiou of 14e �arvg4 of &Mere#, �N T- No. 12 -199 Date or Adoption Dxzrber 6, 2012 AUTHORIZING A PROFESSIONAL ENGINEERING SERVICES CONTRACT WITH CME ASSOCIATES, FOR COMPENSATORY WETLANDS MITIGATION FEE ESTIMATE FOR THE PROPOSED CARTERET WATERFRONT IVLUUNA WHEREAS, the Borough of Carteret is in need of specialized engineering services in connection with the Compensatory Wetlands Mitigation Fee Estimate for the proposed Carteret Waterfront Marina Phase I & Phase 2; and WHEREAS, CME Associates, 1460 Route 9 South, Howell, New Jersey 07731, possesses the requisite experience and expertise to provide said services; and WHEREAS, CiviE Associates has submitted a proposal to provide said services at a total cost not to exceed $40,500.00; and WHEREAS, the Mayor and the Council have reviewed said proposal; and 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 the Council of the Borough of Carteret, County of Middlesex, State of New Jersey, as follows: 1. The proposal from CIVIE Associates for engineering services related to the Compensatory Wetlands Mitigation Fee Estimate for fire proposed Carteret Waterfront Marina Phase I & Phase 2, at a total cost not to exceed $40, 500.00 is hereby approved. 2. This action is approved as an award of a professional services contract Pursuant to N.J.S.A 40A:11- 5(1)(a) in accordance with the Borough's Fair and Open Process as authorized by law. 3. A copy of this Resolution be forwarded to the Borough's Purchasing Department mid CME Associates. Adopted this 6 day of December, 2012 and certified as a true copy of the original on December 7, 2012. KATHLEEN 1114. BARrNEY, iVf9N Municipal Clerk RECORD OF COUNCIL VOTE COUNCILMAN YES NO NV A.6. COUNCILMAN YFS - NO NV A.B. BRIM X MI DIAZ MIM X D1 IMC10- SIDW X X- Indicate Vote All- Absent NV -Not Voting XOR- Indicates Vole to Overmle Veto Adopted at a meeting of the Municipal Council OCC$IIlY'r 6, 2012 C ERK +a JOHN H. ALLGAIR, P.E., RP. (1983.2001) 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. MCCLELLAND, P.E., P.P. GREGORY R. VALESI, P.E., P.P. Via Hand Delivery Honorable Mayor Daniel Reiman Borough of Carteret Municipal Building 61 Cooke Avenue Carteret, NJ 07008 Re: Fee Estimate for Compensatory Wetlands Mitigation for the Proposed Carteret Waterfront Marina Borough of Carteret, Middlesex County, NJ Our File No. HCA00501.10 Our Proposal No. 2012 -159 Dear Mayor Reiman: TIMOTHY W. GILLEN. P.E., P.P. BRUCE M. KOCH, P.E., P.P. BEHRAM TURAN, P.E. TREVOR J. TAYLOR, P.E., P.P. LOUIS J. PLOSKONKA, P.E. CME Associates is pleased to present this fee estimate for professional engineering and environmental consulting services related to the compensatory wetlands mitigation needed for the proposed Carteret Waterfront Marina project in the Borough of Carteret, New Jersey. On behalf of the Borough of Carteret, CME Associates submitted to NJDEP a joint permit application for a Waterfront Development Permit, Freshwater Wetlands (FWW) General Permits 4, 7, 19, Water Quality Certification, and Coastal Consistency. In addition, an Individual Permit was submitted to the U.S, Army Corps of Engineers to satisfy the requirements of Section 10 of the Rivers and Harbors Act of 1899, and Section 404 of the Clean Water Act. The proposed Carteret Waterfront Marina project will impact wetlands totaling ±6.84 AC. The Federal and State permit approvals will require wetlands mitigation compensation at a 2:1 ratio for the total wetlands impact. In accordance with the NJDEP permit conditions, a timeline will be adhered to, which ensures that all mitigation is conducted prior to or concurrent with the construction of the approved project as required under the Freshwater Wetland Protection Act Rules (N.J.A.C. 7:7A- 15.3(a)1). SCOPE OF WORK Based on the evaluation of all the mitigation options available and maintaining compliance with the mitigation hierarchy, it was determined that the compensation for the impact of 6.84 AC of Federal and State regulated intertidalimudflat and subtidal shallows would be accomplished through an enhancement to loss ratio of 2:1 at an offsite location. CME Associates prepared a concept plan for the required enhancement of the degraded wetland system located within the same 11 -digit hydrologic unit code area. The proposed offsite properties are owned by the Borough of Carteret and Rahway Arch, LLC. S:ICaderet\Pf0PW 9'S12012469 Marina MAtgabw 11- 27 -12dx CM'f CON UINGAND NANOI3RkENGWEER5 1460 ROUTE 9 SOUTH, HOWELL, NEW JERSEY07731— (732) 462 -7400 —FAX: Mayor Daniel Reiman November 27, 2012 Borough of Carteret Our File No. HCA00501.10 Re: Proposed Carteret Waterfront Marina Our Proposal No. 2012 -159 Fee Estimate for Compensatory Wetland Mitigation Page 2 Specific properties, based on mitigation feasibility and ownership were selected to achieve the total required mitigation acreage (13.68 AC, plus a required transition area of 50) and ensure that adequate hydrologic flow is provided to the proposed mitigation site. An agreement between the Borough of Carteret and Rahway Arch properties will be required in order to accomplish mitigation on these properties and meet the total required compensation. As stated in N.J.A.C. 7:7A- 15,4(e): The Department shall approve mitigation through creation, restoration, or enhancement only on property that is owned in fee simple and under the full legal control of the person responsible for performing the mitigation, or the person responsible for performing the mitigation shall demonstrate that the person has legal rights to the property sufficient to enable compliance with all requirements of his chapter. If a property is affected by an easement or other encumbrance, the person responsible for performing the mitigation shall ensure that the encumbrance is extinguished. A list of the proposed properties to be utilized is provided below: Block and Lot Lot Acreage/ To be Used Property Owner Block 11.01 Lot 6 1.18 AC/ Full Lot Borough of Carteret Block 11.01 Lot 7 6.75 AC/ Full Lot Borough of Carteret Block 11.01 Lot 8 3.03 AC/ 2.32 AC Rahway Arch Properties Block 11.01 Lot 9 1.70 AC/ Full Lot Borough of Carteret Block 11.01 Lot 10 5.511 AC/ 0.11 AC Rahway Arch Properties Block 11.01 Lot 14 3.37 AC/ 1.43 AC Rahway Arch Properties Block 11.01 Lot 18 6 AC/ 3.97 AC Borough of Carteret Block 11.01 Lot 19 7.30 AC/ 5.43 AC Borough of Carteret Block 11.01 Lot 17.02 0.70 AC/ Full Lot Borough of Carteret. Block 11.01 Lot 25.02 0.87 AC/ 0.25 AC Borough of Carteret Estimated Available AC: ± 23.85 AC. Actual areas to be used are subject to feasibility study and Regulatory Agency approval. The proposed scope of work for the required compensatory wetlands mitigation includes the wetland delineation and site evaluation, conceptual mitigation design, final wetland mitigation design, preparation of construction specifications and engineer's estimate for the construction. A separate fee estimate will be submitted to the Borough for construction oversight, completion of as -built plans, conservation restriction, monitoring and invasive plant management to ensure compliance through the required five -year monitoring period. S1CsderWroposa?M2012 169 Manna M¢gafion 11 -27 -12 doa a Mayor Daniel Reiman November 27, 2012 Borough of Carteret Our File No. HCA00501.10 Re: Proposed Carteret Waterfront Marina Our Proposal No. 2012 -159 Fee Estimate for Compensatory Wetland Mitigation Page 3 The following scope of work has been prepared to define the engineering /ecological tasks necessary to evaluate the feasibility of the designated properties within the project site's watershed management area and provide a final wetland mitigation design. Due to the potential complexity of this process, a phased approach is proposed to evaluate the potential of this mitigation alternative and prepare a viable mitigation plan that fully compensates for the benefited taking of ±6.84 AC of inter -tidal and subtidal resources as required by the NJDEP and USAGE Compensatory Mitigation Guidelines. Phase 1: Wetland Delineation and Site Evaluation CME will evaluate the most feasible site /lots for mitigation within the projects watershed management area. Based on previous conceptual site feasibility studies, a preferred mitigation site /lots has been Identified. A wetland delineation will be conducted at the preferred mitigation site and will be verified with the NJDEP/ USACE to determine if the proposed mitigation site(s) can accommodate the required acreage of mitigation at a 2:1 ratio for enhancement, requiring the restoration /enhancement of 13.68 acres of altered or invasive dominated wetlands, not including the required 50' (± 6.17 AC) transition areas that must surround the mitigation site. Note that this mitigation ratio is subject to NJDEP and USACE approval. A background review based on available mapping, and a field evaluation of existing conditions will be conducted with regard to hydrology, vegetation, soil, and topography for the mitigation alternative. During this task, correspondence with regulatory agencies (NJDEP, SHPO, NJ State Museum, USF &W, and National Marine Fisheries Service) will be performed to obtain a response for the proposed mitigation activities. A mitigation feasibility analysis will be prepared to document the investigative methods and findings. This information will be summarized in the final design report. To facilitate the design of the mitigation site two (2) tide gauges will be installed on the site to enable the development of a functional water budget for the mitigation site. These tide gauges will also be used once the construction is completed for hydrologic data monitoring. They will be checked three times per year, on an as needed basis to acquire hydrologic data and determine hydrologic success on the restored mitigation site. As required, biological benchmark/ reference site locations will be chosen within the watershed to best evaluate plant success and comparable elevations to the mitigation site. S:ICMerelWroposets12012 -159 Menna M:Igallon tt@Ai2.do �J Mayor Daniel Reiman November 27, 2012 Borough of Carteret Our File No. HCA00501.10 Re: Proposed Carteret Waterfront Marina Our Proposal No. 2012 -159 Fee Estimate for Compensatory Wetland Mitigation Page 4 Phase 2: Preferred Mitigation Site Due Diligence Investigation Reasonably ascertainable information on historic land use and existing conditions at the preferred site will be reviewed to identify possible environmental constraints related to contamination. Sources of Information that will be reviewed, if available, include government agency databases, NJDEP records, and historic aerial photography and maps. Site visits will be performed to identify possible field indications of contamination or waste disposal. Potentially contaminated areas of concern will be identified for the preferred site. Historically, these areas of the Rahway River have been known to be contaminated. Field Sampling Program A sampling program will be prepared and implemented to characterize the environmental quality of soil, sediment, groundwater, and /or surface water. The presence and extent of contaminated media that would be impacted by implementation of a wetland mitigation plan will be determined. Additionally, an ecological evaluation will be performed to assess the potential impact of any contamination on ecological resources. An Environmental Site Assessment will be prepared to document the Investigative methods and findings. The report will include recommendations for remediation that would be required if a wetland mitigation plan were implemented. Due Diligence Report A Due Diligence Investigation Report will be prepared to document the investigative methods and findings for preferred mitigation site. Phase 3: Survevina /Base Maps CME Associates will prepare a topographic survey and outbound survey for the preparation of the mitigation design in accordance with the NJDEP /USAGE requirements as follows: Establish a balanced control survey, traverse, line with recoverable ties. Basis of the horizontal and vertical control will be the New Jersey State Plane Coordinate System, NAD 1983 U.S. Survey Foot, and North American Vertical Datum of 1988, respectively. Permanent points (Capped Reber, PK Nails, etc.) will be set along the control line. A minimum of three (3) horizontal control points will be established along the project limits. GPS methodology will be used to establish horizontal and vertical control. S:1CadefeMoposa1512012.159 Manna th%a0on 1127 -12 doe A Mayor Daniel Reiman November 27, 2012 Borough of Carteret Our File No. HCA00501.10 Re: Proposed Carteret Waterfront Marina Our Proposal No. 2012 -159 Fee Estimate for Compensatory Wetland Mitigation Page 5 Preparation of a "survey base map for mitigation project" of former Lots 6, 7, 9, 10 and 17.02, Block 11.01, and a portion of Lots 8, 14, 18, 19 and 25.02, Block 11.01, in the Borough of Carteret, the Property -in- Question (P.Q.). The survey shall be based upon the existing ALTA/ACSM Boundary & Topographic Survey, prepared for Titan Glenmont Carteret, LLC, prepared by Keller & Kirkpatrick, dated March 11, 2003, and the ALTA/ACSM Boundary Survey, prepared for Titan PDC Carteret Il, LLC, prepared by Keller & Kirkpatrick, dated October 23, 2006 for the aforementioned site. Site Plan will be drafted at a scale of 1" = 100'. • The owner of the ALTA/ACSM Boundary Survey should request permission from Keller & Kirkpatrick to use the aforementioned surveys as the basis for the survey plan. • The survey plan will reflect only that portion of the aforementioned lots that are subject to the proposed mitigation, as well as a 50 -foot transition area around these limits. Fieldwork will be limited to those locations necessary to facilitate the design activities. • This survey plan is not being prepared to NJDEP Green Acres, SADC or ALTA/ACSM standards. • Property corners will not be set. • Metes and bounds description of the site mitigation area will be prepared upon approval of the design limits. Phase 4: Mitigation Design Design of the approved mitigation alternative will be developed as follows: Final Mitigation Design Drawings Report, Construction Timeline Final mitigation design drawings will be prepared, which may include but are not limited to: ❑ Existing Conditions Plan ❑ Monitoring Well/ Benchmark Plan ❑ Soil Sampling Plan and Analytical Results ❑ Ecological Sampling Plan and Analytical Results ❑ Boring Logs SACeAerenProposels @012 -159 Marina Mngalion 11- 27 -12. a LJ Mayor Daniel Reiman November 27, 2012 Borough of Carteret Our File No. HCA00501.10 Re: Proposed Carteret Waterfront Marina Our Proposal No. 2012 -159 Fee Estimate for Compensatory Wetland Mitigation Page 6 ❑ Re- deposition Area Sampling Plan ❑ Grading Plan ❑ Cross Section Layout ❑ Soil Erosion & Sediment Control Plan ❑ Soil Erosion & Sediment Control Notes & Details ❑ Traffic Maintenance and Protection Plan ❑ Ecological Seeding and Planting Plan ❑ Ecological Seeding and Planting Plan Notes & Details ❑ Habitat Features and Educational Plan ❑ Wildlife Management and Maintenance Plan ❑ Invasive Plant Management Plan ❑ Temporary Impacts Restoration Plan In addition, a Final Design Report and Construction Timeline will be completed to accompany the final design drawings and describe in detail the mitigation goals to be achieved under the final design. This report will be prepared to comply with State - NJDEP and Federal -USACE mitigation standards. Phase 5: Preparation of Construction Specs & Bid Phase Services Once the Final Design is approved by the NJDEP and USACE, then the construction specifications will be developed to detail the construction stages and construction technical specifications. An Engineer's Estimate will be provided to estimate cost for the preferred site through construction, completion of as -built plans, conservation restriction and subsequent 5 year monitoring and maintenance period. Also, included in the is phase will be advertising the project for public bid, review of bids, and recommendation of the lowest responsible bidder. Phase 6: Pre- Construction Invasive Management Oversight CME wetlands scientists will be present at the mitigation site to ensure that the required areas are treated for invasive vegetation in order to adequately prepare the site for construction. It is estimated that one (1) treatment will be required for the pre - construction. CME Associates will retain a qualified aquatic - pesticides subcontractor for the invasive treatment. S'.1Cederel'Fropmk=12 -169 Marina MiU9albn 11-27-12.doe a Mayor Daniel Reiman November 27, 2012 Borough of Carteret Our File No. HCA00501.10 Re: Proposed Carteret Waterfront Marina Our Proposal No. 2012 -159 Fee Estimate for Compensatory Wetland Mitigation Page 7 Limitations The scope of work presented herein has been defined to satisfy the requirements of the USACE and NJDEP- N.J.A.C. 7:7A -15; however, NJDEP and USACE concept evaluation and recommendations will further determine the requirements and specifications for the final wetland mitigation design. In addition, the costs related to the design and construction completion are dependent on the conditions encountered at the mitigation site properties provided by the Borough and Rahway Arch Properties. Fee Estimate The proposed budget related to the design and monitoring services has been estimated at $206,000.00 as indicated below: Phase 1: Wetland Delineation and Site Evaluation .................. .....................$18,000.00 Phase 2: Preferred Mitigation Site Due Diligence Investigation ....................$22,500.00 Phase 3: Surveying /Base Maps ................ ............................... .....................$37,000.00 Phase 4: Mitigation Design ....................... ............................... .....................$75,000.00 Phase 5: Preparation of Construction Specs & Bid Phase Services .............$13,500.00 Phase 6: Pre - Construction Invasive Management Oversight ... .....................$40,000.00 Total Estimated Fee for Services ............ ............................... ....................$206,000.00 Notes Cost associated with the construction oversight services including post- construction monitoring will be provided at the time the project is awarded to the successful bidder. 2. The cost associated with the post- construction monitoring services is based on three (3) seasonal site visits, tide gauge data collection /evaluation and annual report documentation for a period of five years to comply with the required permit conditions. In addition, this task includes costs for a total of four (4) treatments to be provided by a qualified aquatic - pesticides subcontractor. This task does not include any required plant replacement/liability owned by the contractor. S: 1Gadoret1Proposz15120t2 -059 AtednaM gat:on 1i- 27A2.dw a Mayor Daniel Reiman November 27, 2012 Borough of Carteret Our File No. HCA00501.10 Re: Proposed Carteret Waterfront Marina Our Proposal No. 2012 -159 Fee Estimate for Compensatory Wetland Mitigation Page 8 Exceptions • Any engineering and /or land surveying services beyond the scope outlined above will be considered extra. Said fees will be based on the hourly rate or a fixed fee mutually agreed upon in writing. • The fees on the hourly rate schedule are subject to change by January 1 of every year. • The terms of this contract will remain in effect for a period of one year from the date of this proposal. We appreciate the opportunity to submit this fee estimate, and look forward to assisting the Borough in this project. Should this estimate meet your approval, please provide our office with a professional services agreement or Resolution as an indication of the work to proceed. In the meantime, should you have any questions concerning this matter, please do not hesitate to contact this office. Very truly yours, f Gre Assocfates ry lesi, e PEPP, CME Part e SACMMOMpcsels M2469 Madna Mirgallan 11.2742.dw a K y OFFICE of KATHLEEN TI, BARNEY, Rhi CICAIC IItUNICIPAL CLERH TEL (732) 541 -3800' FAX (732) 541 -8925 61 COOKE AVENUE CARtERET, NE W JERSEY 07005 Date: nLx 6 2(712 TO: Patrick J. DeBlasio, Treasurer Borough of Carteret REQUEST FOR CERTIFICATION.OFA VAILABLE FUNDS: For: QE Associates, Pe: Services, RE: Cbirpamtwy ttihtLaMs hlitigation Fee Fstimte Carteret %terfront Marim. Name of Account: AMOUNT TO BE ENCUMBERED: -- x' I KATHLEEN M. B , y Municipal Clerk CERTIFICATION OF AVAILABILITY OF FUNDS T, Treasurer of the Borough of Carteret; do hereby certify that t here ar e suff fiinds available..in the- current - -- ___- a ndget to_ehable the 2vlunicipal Council to author ze the entering into a contract between Yh'e $orpueh of Carteret and; The funds available for this contract are in the Budget, in the account of: - in the amount op W /_fp By this certi5cat on I have he encumbered the above named account or the amount of the contract. �/ PAT K J. DcDLASIO, Treasurer rsir, -a dnriprrf M 100 DE S EX COUNT - v iii = (u 3crseu I R 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 Notary Public of New Jersey Kathleen M. Barney, MM Vi 1 LINDA A. RIVERA Municipal Clerk NOTARY PUBLIC OF NEW JERSEY MY COMMISSI�NX�SiAY2 20�; Sworn and Subscri e e or 6 Me this day of d--�) r'3, BOROUGH OF CARTERET 20 COOKE AVENUE CARTERET, NEW JERSEY 07008 ' . << THIS AGREEMENT: made this 6 of December 2012 By and between: CME Associates 3141 Bordentown Ave. Parlin, NJ 08859 And the Borough of Carteret a municipal Corporation having its Principal Office at the Borough Hall, 61 Cooke Avenue, Carteret, New Jersey 07008 As per Resolution Number 12 -199. THE CONTRACTOR does hereby agree to perform the following: PROFESSIONAL SERVICE ENGINEERING IN CONNECTION COMPENSATORY WELANDS MITIGATION FEE ESTIMATE FOR THE PROPOSED CARTERET MARINA PHASE I & II. NOT TO EXCEED $40,500.00 According to the terms set forth in the Resolution. THE BOROUGH does hereby agree to pay the Contractor the sum set forth in the Resolution. IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals or caused these presents to be signed by their proper corporate offices and their corporate seals to be hereto affixes, the day and year written above. WITNESSED BY:`j For the Cor orati BY: TIT d: C BOROUGH OF, CARTERET BY;m � Daniel J. Reiman Mayor Kathleen M. Barney Municipal Clerk