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HomeMy Public PortalAboutr 16-161Pulutioxl of tl e Poroug4 of Tarteret, �q� T- un 16 -161 Date of Adoption �eptmb2r 1, 2016 AUTHORIZING A PROFESSIONAL SERVICES CONTRACT NVITH MASER CONSULTING, RE: SITE PLAN & SURVEY BLOCK 5805, LOTS 18 & 19 WHEREAS, the Borough of Carteret is in need of professional planning and surveying services with regard to the Site Plan & Survey of Block 5805, Lots 18 & 19, proposed new OEM building; 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 $14,500.00; 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 Maser Consulting for professional planning and surveying services with regard to the Site Plan & Survey of Block 5805, Lots l8 & 19, at a total cost not to exceed $14,500.00 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) 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, Director of Engineering and Maser Consulting. Adopted this 1" day of September, 2016 and certified as a true copy of the original on, 2016. KATHLEEN NJ. BARNEY, MMC Municipal Clerk RECORD OF COUNCIL VOTE BFILM X JaI'tL X D _ —_ X i It IQiII`t I X �� X- Indicate Vote AB- Absent NV - Not Voting XOR- Indicates Vote to Overmle Veto Adopted at a meeting of the Municipal Council t - tg11Y2T 1, Engineers Planners Surveyors Landscape Architects Environmental Scientists Mr. John P. DuPont, P.E., C.M.E., P.P. Director of Municipal Engineering 61 Cooke Avenue Carteret, NJ 07008 Re: Proposal for Professional Services New OEM Building Lots 18 and 19, Block 5805 July 21, 2016 Revised August 30, 2018 VIA E -NIAIL & U.S. MAIL Borough of Carteret, Middlesex County, NJ MC Proposal No. 16001904P Dear Mr. DuPont: Corporate Headquarters 331 Newman Springs Road, Suite 203 Red Bank, NJ 07701 T: 732.383.1950 F: 732.383.1984 www,mdserconsul ting.com 61 0 t CF C C IP i OT I Maser Consulting P.A. is pleased to submit this proposal to provide professional services for a proposed OEM building in the Borough of Carteret, Middlesex County, New Jersey. The property in question is located at the intersection of Pershing Avenue and Sharot Street. The property is currently developed with a one -story structure and parking lot. The proposed development consists of rehabilitating the existing structure, adding a second story and a new entry vestibule. Additionally, various site improvements may be required as part of this project. Since this project is for the Borough, it is considered a capital improvement project and Planning or Zoning Board review is not required. 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 N — Client Contract Authorization The following scope of services has been separated htto 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. Customer Loyalty through Client Satisfaction Mr. John DuPont MC Proposal No. 16001904P Revised Atrgrs130, 2016 Page 2 of 1 I SECTION I — SCOPE OF SERVICES Based on our conversations and information noted above, we propose to complete the following: PHASE 1.0 BOUNDARY AND TOPOGRAPHIC SURVEY Maser Consulting P.A. will prepare a Boundary Survey of Block 5805, Lots 18 & 19 in the Borough of Carteret, Middlesex County, NJ, in accordance with the standards set forth in the Laws of the State of New Jersey Statutory Reference NJSA 45:8 -28(e) and more specifically, the administrative rules and regulations promulgated by the State Board of Professional Engineers and Land Surveyors and contained in N.J.A.C. 13:40 -5.1. The basis for the location survey will be the cover deed(s) of record of the subject properties and the adjacent parcels present cover deeds of record along with the physical evidence recovered in the field. The quoted fee is based on the assumption that the deed(s) for the properties mathematically close, that there are no title problems, that there are no overlaps or gores with adjoining properties and that extraordinary research and analysis is not required. In the event that any of these issues occur during the performance of our work, we will discuss any additional work that may be required and related costs with you before the work is performed. Included in this phase of work are the following tasks: • Public records research and pre -field records review; • Field traverse, location survey and data collection; • Field survey data reduction and computation; • Boundary analysis and survey calculations. The client should furnish the surveyor with the following information /documents before we initiate work on the project: a.) A copy of the property deed(s) of record. b.) A copy of the property title binder. c.) A copy of all adjoining deeds and reference filed maps. (MC can obtain this information for you if you are unable to through our subcontractor. This fee will be passed onto you as a reimbursable expense). d.) A corner marker waiver form (unless corner markers are desired to be set for which there is an additional fee). e.) A statement in writing of the person or persons to be named in the certification of survey (form available). In addition to the Boundary Survey, Maser Consulting will perform a Topographic Survey of Lots 18 & 19. We will prepare a topographical survey map that is a graphic pictorial representation of the above ground features within the project area. For the purposes of this project, the topographical mapping will be 30 scale with one foot contours. The contouring information will Nh•. John DuPont MC Proposal No. 16001904P Revised Augtsl 30, 2016 Page 3 of 11 be generated through ground survey work and include the area within the boundaries of Lots 18 & 19 with a 25 foot overlap onto adjacent properties and a half width of the road frontages. The survey will include contours, spot elevations and locations of buildings, driveways, curbing, sidewalks, ramps, parking areas, striping, signs, etc. We will survey finished floor elevations at all doorways and the height (parapet and roof) of the onsite building, and the finished floor elevation of the adjacent building to the north. We will locate accessible above - ground visible utilities including utility poles, roof leaders, storm structures, sanitary manholes, water valves, hydrants and other identifiable utilities within the project area. Invert elevations of the accessible storm and sanitary structures will be measured. Two (2) onsite benchmarks will be set. Although we will survey visible evidence of existing utilities, we may not be able to confirm the existence, or actual position of all underground utilities which may be running through, or servicing the subject property. The NJ One Call System prohibits the use of its service for surveying and mapping of subsurface utilities for engineering design purposes. If requested we can enlist the set-vices of our subsurface utility group to investigate and mark the approximate location of subsurface utilities that may exist on the site. The fee for this additional service will be negotiated at the time of the request. The primary survey control will be established using GPS. The horizontal control points will be tied to the New Jersey State Plane Coordinate System, North American Datum (NAD) 1983, and the vertical control points will be tied to North American Vertical Datum of 1988 (NAVD 88). Phase IAA Lump Sum Fee for Boundary Survey Phase LOB Lump Sunr Fee for Topographic Survey $2,250.00 $2,000.00 PHASE 2.0 STRUCTURAL INSPECTION OF EXISTING RETAINING WALL Maser Consulting will visit the site, and visually inspect the subject retaining wall. The structural inspection will consist of performing a comprehensive visual inspection. The scope of this inspection is to report the general condition of the retaining wall and make a recommendation of repair /reface or replace. The inspection will be conducted in accordance with generally accepted practices of the engineering industry. All accessible areas of the wall will be inspected for overall integrity and condition. The inspection will be by non - destructive, non - invasive means with no demolition or removal of enclosed items. No special equipment is included in this proposal. All findings, pertinent information, and recommendations will be put in a letter form. The inspection will be performed by a licensed Professional Structural Engineer, who has performed numerous structural inspections for various clients of Maser. Mr. John DuPont MC Proposal No. 16001904P Revised August 30, 2016 Page 4 of 11 Unless specifically included, the current proposal does not include the following: 1. Engineering analysis, design and plans. 2. Soil borings or investigations. 3. Structural material testing, or core sampling. 4. Attendance at meetings beyond those listed above Phase 2.0 Lump Sum Fee PHASE 3.0 CONSTRUCTION PLAN $ 1,500.00 This Phase includes the preparation of a Construction Plan in accordance with the layout to be provided by your Architect. This scope of service is based on the assumption that the proposed construction plan will be completed in a single phase. The following will be prepared: A Site Plan /Grading Plan will be prepared and will include existing conditions and proposed improvements. The plan will show proposed site modifications and existing conditions to remain. The plan will include the existing and proposed setback information. Site grading will be based on architectural footprints of the vestibule and grading criteria that you provide. A utility design is not included since it is anticipated that utilities will be connected internally. The client and /or the Project Architect will be responsible for providing user specific design parameters. These include building footprhrts, minimum /maximum slopes and relation of the finished floor elevation to finished grade. • Frontage improvements required to modify Pershing Avenue and /or Sharot Street are or are not included in this phase. A separate proposal will be prepared for roadway widening design services if required. • The project is not anticipated to add impervious cover. The vestibule will be added to an area that is already impervious. Therefore, stormwater management analysis and /or design is not included in this proposal. • Construction Details for site improvement items (sidewalk is anticipated) in accordance with the Municipal Ordinance will be included. • Written technical specifications are excluded from our scope. All specifications will be shown on the Construction Plan. • This scope includes up to two (2) meetings. If additional meetings are required, we will provide a supplemental proposal. Phase 3.0 Lump Sum Fee $ 8,000.00 Mr. John DuPont MC Proposal No. 16001904P Revised August 30, 2016 Page 5 of I I PHASE 4.0 EXPENSES Delivery, mileage, 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. The expenses will be billed in accordance with the Maser Consulting Reimbursable Expense Schedule in effect at the time when the services are performed. Phase 4.0 Estimated Fee SCHEDULE OF FEES $750.00 For your convenience, we have broken down the total estimated cost of the project into the categories identified within the scope of services. PHASE I.OA BOUNDARY SURVEY $ 2,250.00 PHASE LOB TOPOGRAPHIC SURVEY $ 2,000.00 PHASE 2.0 STRUCTURAL INSPECTION OF EXISTING RETAINING WALL $ 1,500.00 PHASE 3.0 CONSTRUCTION PLAN $ 8,000.00 PHASE 4.0 EXPENSES $ 750.00 Total Fee $ 14,500.00 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. EXCLUSIONS AND UNDERSTANDINGS Services relating to the following items are not anticipated for the project or cannot be quantified at this time. Therefore, any service 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; • Construction Administration, Construction Specifications, Construction Stake -Out and /or additional field surveying information except as noted; • Preparation of a Site Demolition Plan; • Geotechnical services; • Flood plain analysis and Flood Hazard Area Application; • Landscape and /or Lighting design; • Subsurface utility investigation; • Structural calculations or design for signs, special structures and /or retaining walls, if required by the various review agencies; • Exploratory or testing work, interpretations or conclusions related to determination of potential chemical, toxic, radioactive or other type of contaminants on the site; Mr. John DuPont MC Proposal No. 16001904P Revised August 30, 2016 Page 6 of 11 • Pershing Avenue or Sharot Street Roadway Improvement plans for roadway improvements or widening; • Subdivision or Consolidation Plans, Legal Boundary Descriptions and /or Parcel Maps; • Application fees and escrow deposits to the municipality or to any regulatory review agencies; • Changes or revisions beyond our control or changes in basic concept after design service has been accomplished; • Substantial plan revisions, changes, or preparation of additional design support requested by regulatory agencies during the course of project review; and • Services not specifically outlined above. 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. John DuPont MC Proposal No. 16001904P Revised August 30, 2016 Page 7 of 11 SECTION II — BUSINESS TERMS AND CONDITIONS Maser Consulting P.A. agrees to provide professional services under the following terms 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: 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. The hourly rates listed in our Technical Staff Hourly Rate Schedule are adjusted semi - annually and the Client shall be billed at the rates that are in effect at the time of service. Since there are substantial costs to stop and restart a project once it is undenhay, 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. 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: hr perforating services, we agree to exercise professional judgment, made on the basis of the information available to us, and to use the same degree of care mid skill ordinarily exercised in similar circumstances and conditions by reputable consultants performing comparable services in the same locality. This standard of care shall be judged as of the time the services are rendered, and not according to later standards. Reasonable people may disagree on matters involving professional judgment and, accordingly, a difference ofopinion on a question ofprofessional judgment shall not excuse a Client from paying for services rendered. NO OTHER REPRESENTATION OR WARRANTY, EXPRESSED OR h14PLIED, IS' ADE. 3.0 INVOICES: Maser Consulting P.A. bills its Clients on a monthly basis using a standard invoice fomtat. 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 staffinembers. 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 account 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 Homly Rate Schedule in effect at the time of services at ONE AND ONE -HALF TIMES 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 15 percent of the invoice for said services. Client shall pay Maser Consulting P.A. for reimbursable expenses, including, but not limited to, application fees, printing and reproduction, mileage, courier and express delivery service, special/ovemight 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 PAYDIENT: 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 15 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 terms and conditions herein, the matter may proceed to a collections agency or to an attorney for collection. Client shall be responsible for fees charged by the collections agency and/or attorney's fees incurred to collect the monies owed. Should the matter proceed to court, client shall also be responsible for court costs. 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 thvo (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 ofreceipt ofthis letter, Maser Consulting P.A. will withdraw all pending applications for the project. 5.0 RETAINER: Maser Consulting P.A. reserves the right to request a retainer from the Client prior to the commencement ofservices 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 ENTRY /JOBSITE: 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 correction of which is not part ofthis Agreement. Client shall fumish or cause to be furnished 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 information on surface mid 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 mid Maser Consulting PA.'S services will not include a review or evaluation of the contractors (or subcontractor's) safety precautions, programs or measures. 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 shall 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 farjobsite safety . Mr. John DuPont MC Proposal No. 16001904P Revised August 30, 2016 Page 8 of I 1 7.0 UTILITIES: 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. hamless and defend and indemnify Maser Consulting P.A. for any claims or damages to subterrmnean structures or utilities, which have not been marked -out under the One -Call system or are not shown or are incorrectly shown on the plans furnished. 8.0 TERMINATION OR SUSPENSION OF SERVICES: Should Client fail to make payments when 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 P.A. 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 terms 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 oftermutation, Maser Consulting P.A. shall be paid for service performed to the termination notice date plus reasonable termination expenses. In the event of temrination, or suspension for more than three (3) months, prior to completion of all services contemplated by fire Agreement, Maser Consulting P.A. may complete such analyses and records as are necessary to complete its files and may also complete a report on the services perforated 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. 9.0 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, Nye will advise Clients with respect to selecting other such contractors and will assist Clients in coordinating and 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 ofwhether 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 anup - charge not to exceed 20 percent ofthe 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, orjudgnents arising out of or relating in any way to the performance or nonperformance 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 Mazer Consulting P A. to the Client. 1010 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 hamrdous 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 avgegate, 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 under 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 and 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 PA.'a employees, officers or directors. 11.0 LIABILITY 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 wising 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. 12.0 LNDE\INIFICATION: '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 CbvnL To the fullest extent permitted by law, Client shall indemnify, defend and hold hamless 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 attomeys and court and arbitration costs, arising out of or resulting from the services of Mazer 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 gross negligence, or willful misconduct in connection with the services and such negligence, gross negligence, or wvllful 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 attomeys and court, and arbitration costs, brought by any person or entity, or claims against Maser Consulting winch arise out of, are related to, or are based upon, the actual or threatened dispersal, discharge, escape, release, or saturation of smoke, vapors, soot, fumes, 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. Mr. John DuPont MC Proposal No. 16001904P Revised August 30, 2016 Page 9 of 11 To the fullest extent permitted by Irv, such indemnification shall apply regardless of the fault, negligence breach of warranty or contract, or strict liability of Maser Consulting Ibis indemnification shall not apply to claims, damages, losses, or expenses which are determined by a court of competent jurisdiction to be die 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 PA. shall not, in connection with any such assignment by the Client, be required to execute any documents that in any way might, in the solejudgment of btaser Consulting P.A., increase Maser Consulting RA's contractual or legal obligations or risks, or the availability or costs of its professional or general liability insurance. The 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 nonperformance 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 die project for which the Documents were prepared by Maser Consulting P.A., or for future modifications to this project, without Maser Consulting RA '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 Irv, 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 attomeys' fees and costs, arising out of or resulting front 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, eitherexpressed or implied, regarding the fitness or suitability of the electronic documents. Accordingly, the Client agrees to waive any and all claims against Maser Consulting P.A. and Maser Consulting P.A.'s consultants relating in any way 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 or copyright. Only original plans and reports of the most recent date bearing the signature and the embossed seal of the professional will be considered documents of record. Maser Consulting P.A., shall maintain 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, stake, boycott or other labor dispute, failure of the Client to famish timely information or approve or disapprove of Maser Consulting P.A.'s services or work product, delays caused by faulty performmice by the Client or contractors of any level, or by acts of Goverment, 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 oftime in performing its Services. If there is any increase in the total cost of providing Services by reason of any such delay, btaser 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. 16.0 ENTIRE AGREEMENT: This Agreement comprises the final and complete Agreement between the Client and btaser 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 that each party has read the document thoroughly, has had the opportunity to have questions explained by independent counsel and is satisfied with the terns 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 and shall be binding upon the parties. 5'r Mr. John DuPont MC Proposal No. 16001904P 7� Revised August 30, 2016 MAS Page 10 of 11 c....iiine c" SECTION III — 2016 RATE SCHEDULE TECHNICAL STAFF RATES BILLING TITLES HOURLY RATES Executive Principal . ............................... .........................225.00 Cost + 15% Principal .................. ............................... .........................195.00 Cost + 15% Senior Technical Director ...................... .........................190.00 Cost + 15% Senior Project Professional .................... .........................185.00 / Per Mile Senior Project Manager ......................... .........................180.00 / Each Project Professional ............................... .........................175.00 / Each Technical Director .. ............................... .........................170.00 / Each Project Manager ...... ............................... .........................155.00 / Each Senior Project Specialist ........................ .........................150.00 / Each Senior Technical Professional ............... .........................145.00 / Each Project Specialist .... ............................... .........................140.00 / Each Senior Technical Specialist .................... .........................135.00 IRS standard mileage rate. Technical Professional ........................... .........................130.00 Senior Specialist ..... ............................... .........................125.00 Technical Specialist ............................... .........................115.00 Specialist................. ............................... .........................105.00 Senior Data Technician ........................... ..........................95.00 Senior Technical Assistant ..................... ..........................85.00 Technical Assist ant .. ............................... ..........................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% Travel (Hotel, Airfare, Meals) ................................ Cost + 15% Sub - Consultants/ Sub- Contrac tors ........................... Cost + 15% Mileage Reimbursement* ....... ...........................0.56 / Per Mile Plotting.......... ............................... ...........................3.50 / Each Computer Mylars / Color Plots .... ..........................45.00 / Each Photo Copies .. ............................... ...........................0.10 / Each Color Photo Copies ....................... ...........................1.50 / Each Document Binding ....................... ...........................3.00 / Each Compact Disk CD /DVD .............. ..........................75.00 / Each Exhibit Lamination (24" x 36" or larger) ..............50.00 / Each * Mileage reimbursement subject to change based upon IRS standard mileage rate. RATES ARE EFFECTIVE THROUGH DECEMBER 31, 2016 SECTION IV — CLIENT CONTRACT AUTHORIZATION I 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 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. Invoices are due within 30 days. This proposal is valid until September 21, 2016. We very much appreciate the opportunity of submitting this proposal and look forward to performing these services for you. Very truly yours, MASER COMSt tl; fING P.A. Pri Lena Balorda- Barone, P.E. Senior Associate JAMBB /dm cc: Greg Nlatzel R: \GencralU'ropmals \2016 \160019041vQ60830. jap_i66_DuPonl.docz o' a'l > ! 1 l Si''' vLP �,i 4 C ) y n couNrr OFFICE OF kAl T hH i M. �ARTrY, C 61 C®O k NN A_FEEP LTy' �Lnacl1.1 Clark 0 AR EFFT, N Jh 0100 ° 0 Date: SepterLrr 1, 2016 To: Patrick J. DeBlasio, Treasurer Borough of Carteret REQUEST FOR CERTIFICATION OF AVAILABLE FUNDS: For: der Cm%iltirg, Re: Site Plan & Survey Block 5805, Lots 18 & 19, Re: P lana D & Surveyirg Services Name of Account AMOUNT TO BE ENCUMBERED: Total Cast rat to KATHLEEN M. BARNEY Municipal Clerk CERTIFICATION OF AVAILABILITY OF FUNDS I, Treasurer of the Borough of Carteret, do hereby certify that there are sufficient funds availabie in the current budget to enable the Municipal Council to authorize the ' e praggCinto a contract between the Borough of Carteret and: The funds available for this contract are in the Budget, in the account of C 616r',�ee. • E, 6 y( -- >—•0 t In the amou tof l9 By this certification, I have hereby encumbered the above named account for the amount of the contract PATRICK). DEBLASIO, Treasurer Date: r 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: September 12, 2016 Notary Public of New Jersey LINDA A. RIVERA NOTARY PUBLIC S I'A "fE OP NEW JERSEY MY COMMISSION EXPIRES MAY 2, 2021 Sworn and subscribed before me this LL � day of Kathleen M. Barney, MMC Municipal Clerk BOROUGH OF CARTERET NOTICE OF CONTRACT AWARDED Borough of Carteret has This once With the Borough's Fair and o by law. pen Process as authorized Awarded to:Maser ConsuRing Services: Plan '11-1 and Surveying Re: Site Plan & Survey of Block 5805, Lots 1B 8 19, Proposed New OEM BuildOjg Resolution 61 Cost: Total ) Cost to Exceed $14,600.OD KATHLEEN M. BARNEY, MMC Municipal Clerk (114.96) - Ad Number: 0001572648 Run Dates: 09/12/16 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.1.S.A.40A:11- 5(1)(a) in accord- ance with the Borough's Fair and Open Process as authorized by law. Awarded to:Maser Consulting Services: Planning and Surveying , Re: Site Plan & Survey of Block 5805, Lots 18 & 19, Proposed New OEM Building Resolution: #16 -161 Cost: Total Cost Not to Exceed $14,500.00 KATHLEEN M. BARNEY, MMC Municipal Clerk ($14.96) DI572618 01