HomeMy Public PortalAboutr 16-030Psolutiou of tf{e oroi* of aarteret, � J�
No.
Date of
AUTHORIZING A PROFESSIONAL SERVICES CONTRACT
WITH MASER CONSULTING, RE: PHASE I & II, ENVIRONMENTAL
SITE ASSESSNIENT & PRELIMINARY ASSESSNIENT, BLOCK 5707, LOT I
WHEREAS, the Borough of Carteret is in need of professional environmental and
engineering services with regard to Phase I & II, Environmental Site Assessment &
Preliminary Assessment of Block 5707, Lot 1; and
WHEREAS, Maser Consulting, 331 Newman Springs Road, Red Bank, New Jersey
07701, possesses the requisite experience and expertise to provide said services; and
WHEREAS, Maser Consulting has submitted a proposal to provide said services at a
total cost not to exceed $5,200.00; 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 Maser Consulting for professional
environmental and engineering services with regard to Phase I
& II, Environmental Site Assessment & Preliminary
Assessment of Block 5707, Lot 1, at a total cost not to exceed
$5,200.00 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) awarded pursuant
to 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 and Maser Consulting.
Adopted this 4" day of February, 2016
and certified as a true copy of the
original on February 5, 2016.
KATHLEEN M. BARNEY, MMC
Municipal Clerk
g.
RECORD OF COUNCIL VOTE
X - Indicate vole An Absent NV - Not Voting XOR - Indicates Vote to Overrule Veto
Adopted at a meeting of the Municipal Council Ff?]Al - try 4, 2016
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Engineers
Planners
Surveyors
Landscape Architects
Environmental Scientists
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December 2, 2015
Corporate Headquarters
331 Newman Springs Road, Suite 203
Red Bank, NJ 07701
T: 732.383.1950
F: 732.383.1984
www.moserconsulting.com
VIA U.S. MAIL & ELECTRONIC MAIL
Carteret Redevelopment Agency
Mr. Michael Sica
61 Cooke Avenue
Carteret, NJ 07008
Re: Proposal for Professional Environmental Services
Phase I Environmental Site Assessment
Block 5707, Lot 1
Borough of Carteret, Middlesex County, New Jersey
MC Pro os al No. 15002580P
Dear Mr. Sica:
Maser Consulting P.A. is pleased to submit this proposal to provide professional environmental
services in support of a proposed property transaction involving the subject property. The
property in question is identified as Block 5707, Lot 1 and is located in the Borough of Carteret,
Middlesex County, NJ. The property consists of approximately .5 acres of land currently utilized
for storage purposes. Maser Consulting will perform environmental due diligence for the subject
property, specifically preparation of a Phase I Environmental Site Assessment with an optional
Preliminary Assessment.
Firm Experience and Qualifications
Maser Consulting's environmental department has broad and extensive experience in various
aspects of soil and groundwater contamination investigations and remediation in varied
hydrogeologic settings dealing with a wide array of environmental issues. Staff members have been
involved in many aspects of these projects fiom initial discovery through investigation and
remediation, to authorization of "No Further Action" by the NJDEP or issuance of RAO from LSRP
of record. Kurt A. Martin, P.G., LSRP, will be the project manager for this project and has been
conducting site remediation projects for over twenty years. Mr. Robert Zelley, P.G., LSRP, has
over 28 years of experience and is Director of the firm's environmental department and will be the
principal in charge.
This proposal is divided into four sections as follows:
Section I — Scope of Services
Section II — Business Terms and Conditions
Section III — Technical Staff Hourly Rate Schedule and Reimbursable Expenses
Section IV — Client Contract Authorization
Customer Loyalty through Client Satisfaction
Mr. Michael Sica
MC Proposal No. 15002580P
December 2, 2015
Page 2 of 12
The following scope of services has been separated into phases so that it may be more easily
reviewed. The order in which the phases are presented generally follows the sequence in which
the project will be accomplished; however, depending on the project, the various authorized
services contained in this proposal may be performed in a sequence as deemed appropriate by
Maser Consulting to meet project schedules.
SECTION I — SCOPE OF SERVICES
Based on our conversations and information noted above, we propose to complete the following:
PHASE 1.0 PHASE I ENVIRONMENTAL SITE ASSESSMENT
The scope of services for the assessment will be performed in accordance with American Society
for Testing and Materials (ASTM) Standard E1527 -13. The propose of the assessment is to
identify Recognized Environmental Conditions (RECs) in connection with the subject property.
The assessment is intended to permit the user to satisfy one of the requirements to qualify for the
innocent landowner, contiguous property owner, or bona fide prospective purchaser limitations
oil CERCLA liability. The scope of service will include the following tasks:
A. Records Review
The purpose of the records review is to obtain and review records that will help identify
recognized enviromnental conditions in connection with the subject property. A historical review
of the subject property will be conducted in accordance with ASTM E1527 -13 to evaluate past
conditions as they relate to existing and proposed uses of the subject property. Obvious uses of
the subject property shall be identified from the present, back to the properties' first developed
uses, or back to 1940, whichever is earlier. Maser Consulting will review historical documents
including aerial photography, Sanborn® Fire Insurance Maps, U.S. Geological Sulvey Maps,
County Soil Survey Maps, property ownership records, site plans, or other relevant documents
available from Federal, State, County or local governments.
Various documents and records of the U.S. Environmental Protection Agency, and the
appropriate State and Local agencies will be reviewed for the propose of identifying a history of
hazardous waste activity which is known by the agencies to have occurred at the subject property
or at sites located within a lanile radius of the subject property. The current compliance status
of such activity with respect to applicable laws and regulations will be reviewed as well.
Specifically, the EPA's National Priority List and CERCLIS List, RCRA facilities lists, inventory
of landfills, local Brownfields lists or similar State lists will be compiled and examined.
B. Site Reconnaissance
A site reconnaissance will be conducted to obtain information indicating the likelihood of
identifying RECs in connection with the subject property. A Maser Consulting professional will
visit the subject property to identify visual signs of contamination and the use of hazardous
Mr. Michael Sica
MC Proposal No. 15002580P
December 2, 2015
Page 3 of 12
materials associated with the subject property. Maser Consulting will describe past and current
containers, bulk storage areas, above and below ground tanks, product delivery lines, surface
impoundments, solid waste disposal areas, septic systems and other structures or vessels that
now contain or at one time contained hazardous substances.
C. Interviews
hiterviews with past and present owners, operators, and occupants of the subject property will be
conducted when available to obtain information indicating RECs in connection with the subject
property. Additionally, interviews with state and /or local government officials will be performed
in accordance with ASTM E1527 -13 to determine prior uses of the subject property.
D. Evaluation and Report Preparation
Upon completion of the aforementioned, a comprehensive Phase I Environmental Site
Assessment Report will be prepared for the subject property. The report will identify, summarize
and photo- document potential RECs. Recommendations will be made for additional
investigation and sampling of the RECs, as necessary and appropriate.
Phase 1.0 Lump Sum Fee (Excluding Expenses) $ 3,900.00
PHASE 2.0 PRELIMINARY ASSESSMENT OPTION
The scope of work for the optional Preliminary Assessment (PA) will be performed in
accordance with N.J.A.C. 7:26E and the NJDEP Prelhninary Assessment Technical Guidance.
Work will include performing a historical review of the project site to evaluate past conditions as
they relate to existing uses, a review of historical documents to determine past industrial or
commercial uses and a site inspection to identify obvious visual signs of contamination and the
use of hazardous materials such as storage tanks, electrical or other equipment likely to contain
PCB's, or other containment vessels. Upon completion of the investigations, a comprehensive
Preliminary Assessment Report will be prepared conforming to the Preliminary Assessment
requirements of N.J.A.C. 7:26E and the NJDEP Preliminary Assessment Technical Guidance.
The report will identify, summarize and photo - document potential areas of concern (AOCs).
Recommendations will be made for additional investigation and sampling of the ADCs, as
necessary and appropriate.
Phase 2.0 Lump Sum Fee (Excluding Expenses)
PHASE 3.0 ADDITIONAL SERVICES
$1,300.00
Services accomplished under this phase will be billed hourly in accordance with the Schedule of
Hourly Rates in effect at the time the service is accomplished and will include revisions or extra
services requested by the various review agencies and /or the client that differ from the original
scope of service, or revisions required as conditions of approval and are not an error or omission
Mr. Michael Sica
MC Proposal No. 15002580P
December 2, 2015
Page 4 of 12
on the part of Maser Consulting., Additional services will not be advanced without providing
notice to you of the need for additional services and obtaining your approval of the additional
scope of services and fees.
Phase 3.0 Fee
SCHEDULE OF FEES
Hourly
We propose to perform the Phase I ESA services as outlined above for a lump sum of $3,900.00
which excludes out of pocket expenses. Out of pocket expenses are estimated at $900.00 for
Enviromnental Data Resources (EDR) historical data searches and state and local records reviews.
Any "extra work" if required and authorized by the client will be billed based on the enclosed
Schedule of Hourly Rates.
We propose to perform the Optional Preliminary Assessment services as outlined above for a lump
sum of $1,300.00 (hr addition to the Phase I ESA fee) which includes out of pocket expenses. Out
of pocket expenses are estimated at $200.00 for Environmental Data Resources (EDR) historical
data searches and state and local records reviews. Any "extra work" if required and authorized by
the client will be billed based on the enclosed Schedule of Hourly Rates.
For your convenience, Nye have broken down the total estimated cost of the project into the
categories identified within the scope of services.
PHASE 1.0 PHASE I ENVIRONMENTAL SITE ASSESSMENT $ 3,900.00
PHASE 2.0 PRELIMINARY ASSESSMENT OPTION $ 1,300.00
PIIASE 3.0 ADDITIONAL SERVICES HOURLY
This Contract and Fee Schedule are based upon the acceptance of Maser Consulting's Business
Terms and Conditions contained in Section II of this Contract. Delivery, printing and
reproduction, overnight mail service and postage costs are not included in the lump sum fees and
will be added to each monthly invoice.
EXCLUSIONS AND UNDERSTANDINGS
Services relating to the following items are not anticipated for the project or cannot be quantified
at this time. Therefore, any set associated with the following items is specifically excluded
from the scope of professional services within this agreement:
• Services not specifically outlined above in Section I;
• LSRP services;
Application fees and escrow deposits to the municipality or to any regulatory review
agencies
W. Michael Sica
MC Proposal No. 15002580P
December 2, 2015
Page 5 of 12
If an item listed herein, or otherwise not specifically mentioned within this agreement, is deemed
necessary Maser Consulting may prepare an addendum to this agreement for your review,
outlining the scope of additional services and associated professional fees with regard to the
extra services.
Mr. Michael Sica
MC Proposal No. 15002580P
December 2, 2015
Page 6 of 12
SECTION II
MASER CONSULTING P.A.
BUSINESS TERMS AND CONDITIONS
Maser Consulting P.A. agrees to provide professional services under the following temps and conditions:
The term Client referenced herein is the person, persons, corporation, partnership, or organization referenced in the proposal between Maser Consulting P.A. and said
Client.
1.0 SCOPE OF SERVICES:
A description of the services to be provided by Maser Consulting P.A. will be presented and agreed to in written form, whenever possible. Services not set forth in the
Scope of Services, are excluded from the Scope of Services, and Maser Consulting P.A. will assume no responsibility to perform such services under the base contract.
In situations where a written contract is not executed or where additional services becomes necessary during the course of the project, Maser Consulting P.A. may
provide such services using our Technical Staff Hourly Rate Schedule in effect at the time of services (Note: Current Rate Schedule as set forth in Section Ill is
attached hereto and made part hereof).
The proposed fees set forth in Omis Agreement shall be open for acceptance for sixty (60) days from the proposal date. If the Agreement is signed after that date, the
proposed fees may be adjusted prior to commencement of services, subject to agreement by the Client and Maser Consulting P.A.
Where Lump Sum or Unit Price Contracts are signed, and services provided by Maser Consulting P.A. extend beyond a date 12 months after the date of execution of
Oda Agreement, Maser Consulting reserves the right to increase such contract amounts in accordance with the Regimens Consumer Price hndex. In the event that a Lump
Sum or Unit Price Contract is partially completed at such time that the price is to be adjusted, Maser Consulting P.A. reserves the right to increase the balance of the fee
still to be billed as of the anniversary date. Since there are substantial costs to stop and restart a project once it is underway, should a project's progress be halted at any
time by the client, for any reason, Maser Consulting P.A. reserves the right to charge a restart fee and/or to renegotiate the remaining fees within the contract.
The hourly rates listed in our Technical Staff Hourly Rate Schedule are adjusted semi-manually and the Client shall be billed at the rates that are in effect at the time of
service.
These Business Terms and Conditions are applicable for any additional professional services rendered for this project including, but not limited to, change orders, client
service authorization forms, etc.
2.0 STANDARD OF CARE:
in performing services, Nye agree to exercise professional judgment, made on the basis of the information available to us, and to use the same degree of care and skill
ordinarily exercised in similar ciroanstances and conditions by reputable consultants perfomning comparable services in the same locality. This standard of care shall
be judged as of the time die services are rendered, and not according to later standards. Reasonable people may disagree on matters involving professional judgment
and, accordingly, a difference of opinion on a question of professional judgment shall not excuse a Client from paying for services rendered. NO OTHER
REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, IS MADE.
3.0 INVOICES:
Maser Consulting P.A. bills its Clients on a monthly basis using a standard invoice format. This format provides for a description of services performed and a summary
of professional fees, expenses, and other charges. For more detailed invoicing requests, Maser Consulting P.A. reserves the right to charge for invoice preparation time
by staff members. Monthly invoices will be submitted based upon percentage of services completed and reimbursable expenses. Any comments or discrepancies,
relative to invoices shall be submitted in writing within fourteen (14) days or the accord will be considered correct.
For professional services billed on an hourly basis, Maser Consulting P.A. reserves the right to invoice all overtime services performed by our employees using our
Technical Staff Hourly Rate Schedule in effect at the time of services at ONE AND OIdE -HALF TAMES our standard hourly rate for those employees.
Expenses incurred for services, equipment, and facilities not furnished by Maser Consulting P.A. are charged to the Client at cost plus an up- charge not to exceed 20
percent of Ore invoice for said services.
Client shall pay Maser Consulting P.A. for reimbursable expenses, including, but not limited to, application fees, printing and reproduction, courier and express delivery
service, special/overnight mailings, facsimile transmissions, specialized equipment and laboratory charges, and costs of acquiring materials specifically for the Client.
Reimbursable charges will be added to each monthly invoice and are part of Client's responsibility.
4.0 PAYMENT:
Maser Consulting P.A. bills are payable in full UPON RECEIPT and payment is expected within thirty (30) days. We reserve the right to assess a late charge of 1.5
percent per month for any amounts not paid within 45 days of the billing date. In the event payment is not made according to the temens and conditions herein, the
matter may proceed to an attorney for collection. Client shall be responsible for court costs and reasonable attorney fees.
In addition, where payment is not received in accordance with the terms of this contract, Maser Consulting P.A. reserves the right to withdraw any applications to
federal, state, or local regulatory agencies / boards filed on behalf of the client with the understanding that these applications are the property of Maser Consulting P.A.
Maser Consulting P.A. will provide you with written notification two (2) weeks prior to taking any action to withdraw an application submitted on behalf of the client.
if payment of all outstanding invoices is not received within two (2) weeks of receipt of this letter, Maser Consulting P.A. will withdraw all pending applications for the
project.
50 RETAINER:
Maser Consulting P.A. reserves the right to request a retainer from the Client prior to the commencement of services on a project. While retainers are
collected prior to the start of a project, the retainer is held to the end of the project, and will be applied to the final invoices. Retainers are not applied to the
beginning of the project.
6.0 RIGHT OF ENTRYMOBSITE:
Client will provide for right of entry for Maser Consulting P.A. personnel and equipment necessary to complete our services. While Maser Consulting P.A. will take all
reasonable precautions to minimize any damage to the property, it is understood by the Client that in the normal course of our services, some damage may occur, the
corr ection of which is not part of this Agreement.
Client shall furnish or cause to be famished to Maser Consulting P.A. all documents and information known to the Client that relate to the identity, location, quantity,
nature or characteristics of any hazardous or toxic substances at, on, or under the site. In addition, the Client will furnish or cause to be furnished such other
Mr, Michael Sica
MC Proposal No. 15OO258OP
December 2, 2015
Page 7 of 12
information on surface and subsurface site conditions required by Maser Consulting P.A. for proper performance of its services. Maser Consulting P.A. shall be entitled
to rely on the accuracy and completeness of Client provided documents and information in performing the services required under this Agreement and Maser
Consulting P.A. assumes no responsibility or liability for their accuracy or completeness.
Maser Consulting P.A. will not direct, supervise, or control the work of Client's contractors or their subcontractors. Maser Consulting P.A. shall not have authority
over or responsibility for the construction means, methods, techniques, sequences, or procedures and Maser Consulting P.A.'s services will not include a reviewer
evaluation of the contractors (or subcontractor's) safety precautions, programs or measures. Maser Consulting P.A. does not guarantee the performance of the
construction contract by the Client's contractors or the subcontractors mid Maser Consulting P.A. does not assume responsibility for the Client's contractors' or
subcontractors' failure to famish and perform their work in accordance with the Contract Documents.
Maser Consulting P.A. shall be responsible only for its activities and that of its employees on any site. Neither the professional activities nor the presence of Maser
Consulting P.A. or its employees or subcontractors on a site shalt imply that Maser Consulting P.A. controls the operations of others, nor shall this be construed to be an
acceptance by Maser Consulting P.A. of any responsibility forjobsite safety.
7.0 UTDSrIFS:
In the execution of our services Maser Consulting P.A. will take reasonable precautions in accordance with the professional standard of care to avoid damage or injury
to subterranean structures or utilities. The Client agrees to hold Maser Consulting P.A. harmless and defend aid indemnify Maser Consulting P.A. for any claims or
damages to subterranean structures or utilities, which have not been marked -out under the One -Call system or are not shown or are incorrectly shorn on the plans
famished.
8.0 TERMINATION OR SUSPENSION OF SERVICES:
Should Client fail to make payments wfien due or is otherwise in material breach of this Agreement, Maser Consulting P.A. at their election may suspend services at
any time after PROVIDING WRITTEN NOTICE TO THE CLIENT until payments are brought current. Maser Consulting RA, shall have no liability whatsoever to
the Client for any costs or damages as a result of such suspension and the Client agrees to indemnify and hold Maser Consulting P.A. harmless from any claim or
liability resulting from such suspension.
'this Agreement may be terminated by either party upon seven (7) days written notice in the event of substantial failure by the other party to perform in accordance with
the terns hereof. Such termination shall not be effective if that substantial failure has been remedied before expiration of the period specified in the written notice. In
the event of termination, Maser Consulting PA- shall be paid for service performed to the termination notice date plus reasonable termination expenses.
In the event of termination, or suspension for more than three (3) months, prior to completion of all services contemplated by the Agreement, Maser Consulting P.A-
may complete such analyses mid records as are necessary to complete its files and may also complete a report on the services performed to the date of notice of
termination or suspension. The expenses of termination or suspension shall include all direct costs of Maser Consulting P.A. in completing such analyses, records and
reports.
90 SUBCONTRACTORS:
Maser Consulting P.A. prefers that its Clients directly retain other contractors whose services are required in connection with field services for a project (e.g., drillers,
analytical laboratories, transporters, etc.), except in unusual circumstances. As a service, we will advise Clients wi0rrespect to selecting other such contractors and will
assist Clients in coordinating mid monitoring their performance. In no event will we assume any liability or responsibility for the work performed by other contractors,
or for their failure to perform any work, regardless of winether we hire them directly as subcontractors, or only coordinate and monitor their work. When Maser
Consulting P.A. does engage a subcontractor on behalf of the Client, the expenses incurred, including rental of special equipment necessary for the work, will be billed
as they are incurred, at cost plus an up -charge not to exceed 20 percent of the invoice. By engaging us to perform services, you agree to defend, indemnify and hold
Maser Consulting P.A. its directors, officers, employees, and other agents harmless from and against any and all claims, losses, liabilities, damages, demands, costs, or
judgments arising out of or relating in any way to the performance or non - performance of work by another contractor or subcontractor. In addition, Client agrees to
pursue recovery of and assert any claims based upon its loss, expenses and/or damages solely and directly against those contractors or subcontractors. In consideration
of such indemnity and waiver, Maser Consulting P.A. agrees to assign its rights and/or claims against those contractors or subcontractors pursuant to the contractors' or
subcontractors' agreements with Maser Consulting P.A. to the Client.
10.0 AGREED REMEDY:
Maser Consulting P.A. shall be liable to the Client only for direct damages to the extent caused by Maser Consulting P.A.'s negligence in the performance of its
services. UNDER NO CIRCUMSTANCES SHALL MASER CONSULTING P.A. BE LIABLE FOR INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR
EXEMPLARY DAMAGES, OR FOR DAMAGES CAUSED BY THE CLIENTS FAILURE TO PERFORM ITS OBLIGATIONS. With regard to services involving
hazardous substances, Maser Consulting P.A. has neither created nor contributed to the creation or existence of any actually or potentially hazardous, radioactive, toxic,
or otherwise dangerous substance or condition at any site, and its compensation is in no way commensurate with the potential liability that may be associated with a
substance or site.
To the fullest extent permitted by law, the total liability, in the aggregate, of Maser Consulting P.A. and Maser Consulting P.A.'s officers, directors, employees, agents
and consultants to Client and anyone claiming by, through or wider Client, for any and all injuries, claims, losses, expenses, or damages whatsoever arising out of in
any way related to Maser Consulting P.A.'s services, the Project or this Agreement, from any cause or causes whatsoever, including but not limited to, negligence, strict
liability, breach of contract or breach of warranty shall not exceed the total compensation received by Maser Consulting P.A- under this Agreement, not including
reimbursable expenses mid any subconsultant fees rendered on the project.
It is intended by the parties to this Agreement that Maser Consulting P.A.'s services in connection with the project shall not subject Maser Consulting P.A.'s individual
employees, officers or directors to any personal legal exposure for the risks associated with this project. Therefore, the Client agrees that as the Client's sole and
exclusive remedy, any claim, demand or suit shall be directed and /or asserted only against Maser Consulting P.A., a New Jersey corporation, and not against any of
Maser Consulting P.A.'s employees, officers or directors.
11.0 LIABDdTY TO THIRD PARTIES:
The Client agrees to be solely responsible for, and to defend, indemnify, and hold Maser Consulting P.A. harmless from any and all liabilities, claims, damages and
costs (including reasonable attorney's fees and defense costs) by third parties arising out of, or in any way related to, our performance or non - performance of services,
except claims for personal injury, death, or personal property damage to the extent caused by the sole negligence, gross negligence or willful misconduct of employees
of Maser Consulting P.A.
Mr. Michael Sica
MC Proposal No. 15002580P
December 2, 2015
Page 8 of 12
12.0 INDEMNIFICATION:
Maser Consulting P.A. shall maintain, at its own expense, Workers Compensation Insurance, Comprehensive General Liability Insurance and Professional Liability
Insurance at all times and will, upon request, famish Insurance certificates to the Client.
To the fullest extent permitted by law, Client shall indemnify, defend and hold harmless Maser Consulting P.A. and its agents, officers, directors and employees,
subcontracts or consultants (herein for the remainder of this section collectively referred to as Maser Consulting) from and against all claims, damages, losses and
expenses, whether direct, indirect or consequential or punitive, including but not limited to fees and charges of attorneys and court and arbitration costs, arising out of or
resulting from the services of Maser Consulting or any claims against Maser Consulting arising from the acts, omissions or work of others, unless it is proven in a court
of competent jurisdiction that Maser Consulting is guilty of negligence, gross negligence, or willful misconduct in connection with the services mid such negligence,
gross negligence, or willful misconduct was the sole cause of the damages, claims, and liabilities.
Client agrees to defend, indemnify and hold harmless Maser Consulting from and against all claims, damages, losses and expenses, direct or indirect, and consequential
damages, including but not limited to fees and charges of attorneys and court, mid arbitration costs, brought by any person or entity, or claims against Maser Consulting
which arise out of, are related to, or are based upon, the actual or threatened dispersal, discharge, escape, release, or satiation of smoke, vapors, soot, forms, acids,
alkalis, toxic chemical, radioactive materials, liquids, gases, or any other material, upon it or into the surface or subsurface soil, water or watercourse, objects, or any
tangible or intangible matter.
To the fullest extent permitted by law, such indemnification shall apply regardless of the fault, negligence breach of waranty or contract, or strict liability of Maser
Consulting This indemnification shall not apply to claims, damages, losses, or expenses which are determined by a court of competent jurisdiction to be the sole result
of negligence or willful misconduct by Maser Consulting of obligations under this Agreement.
13.0 ASSIGNS:
The Client may not delegate, assign, sublet, or transfer his duties or interest in the Agreement without written consent of Maser Consulting P.A.
Maser Consulting P.A. shall not, in connection with any such assignment by the Client, be required to execute any documents that in any nay might, in the sole
judgment of Maser Consulting P.A., increase Maser Cormilting P.A.'s contractual or legal obligations or risks, or the availability or costs of its professional or general
liability insurance.
TIe Agreement shall not create any rights or benefits to parties other than the Client and Maser Consulting P.A., and nothing contained in this Agreement shall create a
contractual relationship with, or a cause of action in favor of, a third party against either the Client or Maser Consulting P.A. Maser Consulting P.A.'s services
hereunder are being performed solely for the benefit of the Client, and no other entity shall have any claim against Maser Consulting P.A. because of this Agreement of
Maser Consulting P.A.'s performance or nonperfomnance of services hereunder.
14.0 OWNERSHIP AND RESTRICTION ON REUSE OF DOCUMENTS:
All drawings, calculations, reports, plans, specifications, computer files, field data, notes, and other documents and instruments ( "Documents ") prepared by Maser
Consulting P.A. are and remain the property of Maser Consulting P.A. as instruments of service. The Documents may not be copied by the Client or others on
extensions of this project or on any other project. The Client agrees not to use Maser Consulting P.A.'s Documents for marketing purposes, for projects other than the
project for which the Documents were prepared by Maser Consulting P.A., or for future modifications to this project, without Maser Consulting P.A.'s express written
permission. Any reuse or distribution to third parties without such express written permission or project- specific adaptation by Maser Consulting P.A. will be at the
Client's sole risk and without liability to Maser Consulting P.A. or its employees, subsidiaries, independent professional associates, sub consultants, and subcontractors.
The Client shall, to the fullest extent permitted by law, indemnify, defend, and hold harmless Maser Consulting P.A. from and against any and all expenses, fees,
demands, liabilities, suits, actions, claims, damages or losses including atameys' fees and costs, arising out of or resulting from such unauthorized distribution or reuse
of Documents.
Computer files are not considered part of deliverables unless specifically requested or required by the signed contract. if computer files are required, Maser Consulting
P.A. shall provide Client files subject to the following conditions:
The Client must execute our standard Electronic Media Release form prior to any distribution of files. The Client recognizes that data, plans, specifications, reports,
documents or other information recorded on or transmitted as electronic media are subject to undetectable alteration, either intentional or unintentional due to, among
other causes, transmission, conversion, media degradation, software error, or human alteration. Accordingly, it is understood that electronic files provided to the Client
are for informational purposes only and are not intended as an end - product. Maser Consulting P.A. makes no representation of any warranties, either expressed or
implied, regarding the fitness or suitability of the electronic documents. Accordingly, the Client agrees to waive any and all claims against Maser Consulting PA- and
Maser Consulting P.A.'s consultants relating in any nay to the unauthorized use, reuse or alteration of the electronic documents. Any unlicensed use or reuse of the
documents without our written consent will constitute a violation of our copyright. Only original plans and reports of the most recent date bearing the signature and the
embossed seat of the professional will be considered documents of record.
Maser Consulting P.A., shall mainumi in its storage facility, samples collected as part of their services provided for a period of three (3) months after issuance of final
reports. After the three (3) month time limit, all samples will be disposed of in accordance with appropriate regulations at the time. Extended storage of samples can be
arranged at an additional cost to be established on a project by project basis.
15.0 GENERAL CONDITIONS:
Maser Consulting P.A. shall not be responsible for the delays caused by factors beyond its reasonable control, including but not limited to delay due to accidents, an act
of God, fire, hurricane, flood, explosions, strike, boycott or other labor dispute, failure of the Client to famish timely information or approve or disapprove of Mazer
Consulting P.A.'s services or work product, delays caused by faulty performance by the Client or contractors of any level, or by acts of Government, which, in the
opinion of Maser Consulting P.A., could not have been reasonably foreseen and provided for, such delay will entitle Maser Consulting P.A. to an extension of time in
performing its Services. If there is any increase in the total cost of providing Services by reason of any such delay, Maser Consulting P.A. will notify Client of
particulars, and Client will pay for such increase. When such delays beyond Maser Consulting P.A.'s reasonable control occur, the Client agrees that Maser Consulting
P.A. shall not be responsible for damages, nor shall Maser Consulting P.A. be deemed in default of this Agreement.
The fees quoted in this proposal assume that upon authorization, this project will commence through to completion without a stop work order from the Client. Should a
stop work order be received from the Client before completion of the project or any task, additional fees may be required to restart the project.
Mr. Michael Sica
MC Proposal No. 15OO258OP
December 2, 2015
Page 9 of 12
160 CONSTRUCTION OBSERVATION SERVICES;
If the Scope of Services for this Agreement includes construction observation services, then the following provisions shall apply:
During the project construction phase, Maser Consulting P.A. shall coisult with and advise Client and act as Client's representative as provided in the Scope of Services
provided in Maser Consulting P.A.'s Proposal. The extent and limitations of the duties, responsibilities and authority of Maser Consulting P.A. as outlined in the Scope
of Services provided in Maser Consulting P.A.'s Proposal shall not be modified, except as Maser Consulting P.A. and Client may otherwise agree in writing.
Maser Consulting P.A. services during the construction phase are intended to provide Client a greater degree of confidence that the completed work of Contractor will
contemn in general to the approved plans and related documents. Maser Consulting P.A. shall not be required to make exhaustive or continuous on -site inspections to
check the quality or quantity of the Work and Maser Consulting P.A. shall not, during visits to the project site or as a result of observation of Contractor's work in
progress, supervise, direct or have control over Contractor's work nor shall Maser Consulting P.A. have authority over or responsibility for the means, methods,
techniques, sequences or procedures of construction selected by Contractor, for safety precautions and programs incident to the work of Contractor or for any failure of
Contractor to comply with lawns, rules, regulations, ordinances, codes or orders applicable to Contractor's famishing and performing the work. Accordingly, Maser
Consulting P.A. neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to famish or perform its work in
accordance with the Contract Documents.
If the Scope of Services for this Agreement includes Design Services but does not include Construction Phase Services, then the following provisions shall apply:
It is understood and agreed that Maser Consulting P.A.'s services wider this Agreement do not include project observation or review of the Contractor's performance or
any other construction phase services, and that the Client will provide such services. The Client assumes all responsibility for any interpretation of the Contract
Documents or construction observation and supervision performed by others and expressly naives any claims against Maser Consulting P.A. that may be in any way
connected thereto.
In addition the Client agrees, to the fullest extent permitted by tang to defend, indemnify and hold Maser Consulting P.A. harmless from any loss, claim or cost,
including reasonable attorney's fees and cost of defense, arising or resulting from the performance of such services by other persons or entities and from any and all
claims arising from modifications, clarifications, interpretations, adjustments or changes made to the design plans, reports, or any other documents produced by Maser
Consulting P.A.
If the Client requests in writing that Maser Consulting P.A. provide any specific construction phase services mid if Maser Consulting P.A. agrees in writing to provide
such services, Maser Consulting P.A. shall be compensated in accordance with a written Agreement between the Client and Maser Consulting P.A.
17.0 OPINIONS OF PROBABLE COST:
In reviewing Maser Consulting P.A.'s opinions of probable construction cost, the Client wnderstands that Maser Consulting P.A. has no control over costs or the price of
labor, equipment or materials, or over the Contractor's method of pricing, and that any opinions of probable construction costs provided by Maser Consulting P.A. are
to be made based on Maser Consulting P.A.'s judgment, qualifications and experience as a design professional familiar with the construction industry. Maser
Consulting P.A. makes no representation or warranty, expressed or implied, as to the accuracy of such opinions as compared to bid or actual costs.
18.0 HAZARDOUS MATERIALS:
If the Scope of Services for this Agreement does not include services related to hazardous materials, then the following provision shall apply:
It is acknowledged by both parties that Maser Consulting P.A.'s Scope of Services does not include any services related to asbestos or hazardous or toxic materials. In
the event Maser Consulting P.A. or any other party encounters asbestos or hazardous or toxic materials at the project site, or should it become known in any way that
such materials may be present at the project site or any adjacent areas that may affect the performance of Maser Consulting P.A.'s services, Maser Consulting P.A. may,
at its sole option and without liability for consequential or any other damages, suspend performance of services on the project until the Client takes steps to identify,
abate and/or remove the asbestos or hazardous or toxic materials, and to warrant that the project site is in full compliance with applicable laws.
If the Scope of Services for this Agreement includes services related to hazardous materials, then the following provision shall apply:
In consideration of the substantial risks to Maser Consulting P.A- posed by the presence or suspected presence of asbestos or hazardous or toxic materials on or about
the project site, the Client agrees, to the fullest extent permitted by law, to defend, indemnify and hold harmless Maser Consulting P.A., its officers, directors,
employees, agents and independent consultants and any of them from all claims mid losses, including reasonable attorney's fees and defense costs, arising out of, or in
any way connected with, the performance or nonperformance of the obligations under this Agreement unless and until there has been an adjudication by a court or
forum of competent jurisdiction that the claims at issue are a direct result of sole negligence of Maser Consulting P.A.
19.0 TOPOGRAPHIC MAPPING:
If the Scope of Services for this Agreement includes topographic mapping, then the following provisions shall apply:
Maser Consulting P.A. shall perform the services necessary to produce the required topographic mapping and/or shall retain an independent sub consultant to perform
topographic mapping services. The topographic mapping shall be prepared in conformance with generally accepted standards for aerial mapping services. Maser
Consulting P.A.'s sole responsibility and liability with regard to the accuracy or completeness of the topographic mapping is limited to the correction of any inaccurate
information, and this shall be the Client's sole remedy related to the adequacy or accuracy of the topographic mapping and any information derived from the data.
If the location of subsurface information (i.e., underground utilities, storage tanks, structures, etc.) is to be provided by Maser Consulting P.A., the topographic survey
shall be limited to the extent of the information provided by the Client or others. Maser Consulting P.A. shall not be responsible for way unknown conditions not
identified in the information provided to Maser Consulting P.A. or any onknowm condition beyond the reasonable scope of the hmformation obtained as a result of any
testing, test pit excavations, boring, or samples taken by Maser Consulting P.A.
20.0 EARTHWORK ANALYSIS:
In reviewing Maser Consulting P.A.'s earthnork analysis, calculations, reports or opinions, the Client understands that Maser Consulting P.A.'s data is based on the
topographic mapping used as a Base Map for plan preparation and that "a topographic mapping has certain standard tolerances and accuracy limits. The Client further
understands that due to earthwork differences that result from topographic map accuracy limitations, construction changes, topsoil depth, replacement of unsuitable
soils, weather conditions, construction methods, soil conditions, earthwork calculation methods, soil volume calculation methods and other factors, some of which are
unique to each contractor and construction site, it is not possible to definitively predict quantities that will ultimately be determined to be associated with a particular
project. Earthwork data provided by Maser Consulting P.A. is provided to assist the Client in understanding the general earthwork requirements. Since some degree of
uncertainty may still exist, Maser Consulting P.A.'s sole responsibility and liability with regard to the accuracy or completeness of the earthwork analysis is limited to
the correction of any inaccurate information. To determine actual quantities and costs associated with required earthwork, the Client roust solicit actual construction
bids from qualified contractors and must require such contractors to determine existing topographic conditions, subgrade conditions, construction plans and procedures.
Mr. Michael Sica
MC Proposal No. 15OO258OP
December 2, 2015
Page 10 of 12
21.0 GOVERNING LAW:
The laws of the State within wimich the project is being performed will govem the validity of this Agreement, its interpretation and performance. Any litigation arising
in any way from this Agreement shall be sought in that State or in a Federal Court, veined in that State.
22.0 INVALID TELLMS:
In the event any of these Contract Provisions are found to be illegal or otherwise unenforceable, the unenforceable Contract Provision will be stricken Striking such a
Contract Provision shall have no effect on the enforceability of the remaining Contract Provisions and those remaining Contract Provisions shall continue in fidl force
and effect as if the unenforceable Contract Provision were never included in the Agreement.
23.0 SURVIVAL:
All express representations, indemnifications or limitations of liability made in or given in this Agreement will survive the completion of all services of Maser
Consulting P.A. tinder this Agreement or the termination of this Agreement for any reason.
24.0 ENTIRE AGREEMENT:
This Agreement comprises the final and complete Agreement between the Client and Maser Consulting P.A. it supersedes all prior or contemporaneous
communications, representations, or Agreements, whether oral or written, relating to the subject matter of this Agreement. Execution of this Agreement signifies Omat
each party has read the document thoroughly, has had the opportunity to have questions explained by independent counsel and is satisfied with the terms and conditions
contained herein. Amendments to this Agreement shall not be binding unless made in writing and signed by both the Client and Maser Consulting P.A.
To the extent Client provides its own Agreement and that Agreement conflicts with or is silent with respect to any term or condition expressed herein, these conditions
shall prevail mid shall be binding upon the parties.
Adb Mr, Michael Sica
MC Proposal No. 15002580P
December 2, 2015
MASER Page 11 of 12
eoxluttiee o.L
SECTION III
MASER CONSULTING P.A.
2015 RATE SCHEDULE
TECHNICAL STAFF RATES
BILLI TITLES HOURLY RATES
Principal........ ............................... .........................195.00
Cost + 15%
Senior Technical Director ............. .........................190.00
/ Per Mile
Senior Project Professional .......... .........................185.00
Senior Project Manager ............... .........................175.00
/ Each
Project Professional ..................... .........................170.00
/ Each
Technical Director ........................ .........................160.00
/ Each
Project Manager .......................... .........................155.00
/ Each
Senior Project Specialist .............. .........................145.00
/ Each
Senior Technical Professional ...... .........................140.00
Project Specialist ......................... .........................135.00
Cost+ 15%
Senior Technical Specialist .......... .........................130.00
Technical Professional ................. .........................125.00
Senior Specialist .......................... .........................120.00
Technical Specialist ..................... .........................110.00
Specialist ...... ............................... .........................100.00
Senior Data Technician ................. ..........................95.00
Senior Technical Assistant ............ ..........................85.00
Technical Assistant ....................... ..........................75.00
Data / Field Technician ................. ..........................65.00
Survey Crew— 2 Man .................. .........................200.00
Survey Crew -1 Man .................. .........................170.00
Expert........... ............................... .........................250.00
Sr LSRP ....... ............................... .........................225.00
LSRP............ ............................... .........................190.00
REIMBURSABLE EXPENSES
General Expenses ............. ...............................
Cost + 15%
Mileage Reimbursement' .. ...........................0.56
/ Per Mile
Travel (Hotel, Airfare, Meals) ............. ...........................Cost
Printing... ............................... ...........................2.85
/ Each
Computer Mylars / Color Plots .........................40.00
/ Each
Color Copies .......................... ...........................1.50
/ Each
Document Binding ................. ...........................3.00
/ Each
Compact Disk CD /DVD ......... ..........................45.00
/ Each
BulkPrinting ...... ............................... ...........................Cost
Sub - Consultants/ Sub - Contractors ....................
Cost+ 15%
Mileage reimbursement subject to change based upon IRS standard mileage rate
RATES ARE EFFECTIVE THROUGH DECEMBER 31, 2015
Mr. Michael Sica
MC Proposal No. 15002580P
December 2, 2015
MASER Page 12 of 12
C I t C It i It P.L
SECTION IV — CLIENT CONTRACT AUTHORIZATION
I hereby declare that I am duty authorized to sign binding contractual documents. I also declare
that I have read, understand, and accept this contract.
Signature
Printed Name
Date
Title
If you find this proposal acceptable, please sign where indicated above in Section IV, and return
one signed copy to this office.
We very much appreciate the opportunity of submitting this proposal and look forward to
performing these services for you.
Very truly yours,
MASER CONSULTING P.A.
Kurt A. Martin, P.G., LSRP
Assistant Department Manager
Enviromnental Services
KAM /ej /dw
\ViQFASI\ General\ Proposals\ 2015\ 15002580P \151202_KAM_Sica_Phase Ldwx
SECTION IV — CLIENT CONTRACT AUTHORIZATION
1 hereby declare that I am duly authorized to sign binding contractual documents. I also declare
that I have read, understand, and accept this contract.
Signature Date
Printed Name Title
If you find this proposal acceptable, please sign where indicated above in Section IV, and return
one signed copy to this office.
We very much appreciate the opportunity of submitting this proposal and look forward to
performing these set for you.
Very truly yours,
MASER CONSULTING P.A.
Kurt A. Martin, P.G., LSRP
Assistant Department Manager
Environmental Set-vices
KAM /ej /d\r
\ \HQFAS I\ General \Proposals\ 2015\ 15002580P \151202_KAAI_Sica_Phase I docx
M100LESEX CoU(
C 2fu 9 ?-152 ' V
OFFICE OF
F AUIEH4 M. PART - Ef ' x�c
Mzdc11a. Clerk
62 CCOEEAVENUE,
CARTEEET, NEW TE.RSBY 07008
Date: February 4, 2016
To: Patrick J. DeBlasio, Treasurer
Borough of Carteret
REQUEST FOR CERTIFICATION OF AVAILABLE FUNDS:
For: Maser Comsultirg, Re: Rhase 1 & 11, Idwixonrental Site Assessrent . &.
Name of Account .
AMOUNT TO BE ENCUMBERED:
ZATHLEEN M. BARN
Municipal Clerk
CERTIFICATION OF AVAILABILITY OF FUNDS
l Treasurer of the Borough of Carteret, do hereby certify that there are suffic' t funds
availabie in the current budget to enable the Municipal Council to authorize th(,enterrin' p o a
contract between the Borough of Carteret and:
0
Ua
t4 {
The funds available for this contract are in the Budget, in the account of 4
In the amouift of ->
By this certification, I have hereby encumbered the above named account for the amount of
the contract
PATRIC 1. DEBLASIO, Treasurer
Date: ?-h�'�'�
AFFIDAVIT OF PUBLICATION
The following is a true copy of an Ordinance or Resolution of
the Borough of Carteret that has appeared in the Home News
Tribune, a newspaper which is printed in Freehold, New
Jersey and published in Neptune, in said County and State and
of general circulation in said county. One 1 time(s), once in
each issue as follows:
March 2, 2016
Notary Public of New Jersey
LINDA A, RIVERA
NOTARY PUBLIC OF NEW JERSEY
MY COMMISSION EXPIRES MAY 2, 2016
athleen M. Barney, MM' /1
Municipal Clerk
Sworn and subscribed before
me this 2..� day of c c
Ad Number: 0001088483 Run Dates: 03/02/16
BOROUGH OF CARTERET
NOTICE OF CONTRACT
AWARDED
The Borough of Carteret has
awarded a contract without
competitive bidding as a profes-
sional service pursuant to
N.J.S.A. 40A:11 -5 (1) (a). This
contract and the resolution au-
thorizing it are available for
public inspection in the office of
the Municipal Clerk.
This action is approved as an
award of Professional Services
Contract pursuant to
N.J.S.A.40A:11- 5(1)(a) in accord-
ance with the Borough's Fair
and Open Process as authorized
by law.
Awarde to:__Maser Consulting
Services: Environmental & Engi-
neering Services, Re: Phase 1 &
11 Environmental Site Assess-
ment & Preliminary Assessment,
Block 5707, Lot 1
Resolution : 016 -30
Cost: Total Cost Not to Exceed
$5,200.00
KATHLEEN M. BARNEY, MMC
Municipal Court
($15.84)
01088483-01
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