HomeMy Public PortalAboutr 17-119�vsolufion o to e �0rough of Ta N_ _
No . 17 -119
Date of Adoption 20, 2017
AUTHORIZING A PROFESSIONAL SERVICES CONTRACT WITH
EXCEL ENVIRONMENTAL RESOURCES, INC.
WHEREAS, the Borough of Carteret is in need of professional environmental services
with regard to underground storage tank removals and site -wide RAO for 46 Washington
Avenue; and
WHEREAS, Excel Environmental Resources, Inc. possesses the requisite knowledge,
training, experience and professional license to provide said services; and has submitted a
proposal to provide said services at a cost not to exceed a total amount of $56,840.00; 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 Council of the Borough
of Carteret as follows:
1. The proposal from Excel Environmental Resources, Inc. for
professional environmental services related to underground storage
tank removals and site -wide RAO for 46 Washington Avenue at a
total cost not to exceed $56,840.00 at the rate set forth in Excel
Environmental Resources, Inc.'s existing contract with the
Borough is hereby approved.
2. Annexed hereto is a copy of said proposal.
3. This action is approved as an award of a professional services
contract pursuant to N.J.S.A. 40A:11- 5(1)(a) in accordance with
the Borough's Fair and Open Process as authorized by law.
4. A copy of this Resolution to be forwarded to the Borough's
Purchasing Department and Excel Environmental Resources, Inc.
Adopted this 20 "' day of July, 2017
and certified as a true copy of the
original on July 21, 2017.
KATHLEEN M. BARNEY. MMC
Municipal Clerk
RECORD OF COUNCIL VOTE
�— COUNCILMAN
YES
NO
NV
A.B.
COUNCILMAN
YES
NO
NV
A.B.
DIAZ
X
KF M
DDIA=
I14M
X - Indicate Vote AB - Absent NV - Not Voting XOR - Indicates Vote to Overrule Veto
Adopted at a meeting of the Municipal Council
dx 2 D,' A7,
WORKSCOPE AUTHORIZATION
UNDERGROUND STORAGE TANK REMOVALS AND SITE -WIDE RAO
46 WASHINGTON AVENUE
CARTERET, NEW JERSEY
Mayor Daniel J. Reiman
Borough of Carteret
61 Cooke Avenue
Carteret, New Jersey 07008
CLIENT
46 Washington Avenue
Carteret, New Jersey
SITE ADDRESS
17570
July 20, 2017
PROJECT NUMBER DATE
In accordance with the attached detailed cost estimate, Excel Environmental Resources, Inc. (Excel) has prepared this work scope
authorization to conduct underground storage tank (UST) decommissioning activities at 46 Washington Avenue located in
Carteret, New Jersey. Includes closure by excavation of a total of 4 USTs: two 550- gallon underground storage tanks (USTs), one
1,000- gallon No. 2 fuel oil UST, and one 3,000- gallon Regulated No. 2 fuel oil UST. One 550 - gallon UST will be closed during a
separate mobilization during demolition activities due to access issues. The scope also includes retaining an LSRP, preparing a
Remedial Action Report and issuing a site -wide Response Action Outcome. Note this estimate assumes 150 tons of petroleum
impacted soil transport and disposal and no groundwater contamination.
Excel will conduct this work on a time and materials basis in accordance with Excel's Standard Terms and Conditions attached.
Additional labor, should any be necessary, would be provided at the unit rates outlined in Attachment A. This Cost Estimate is
valid for a period of 60 days. As authorization to proceed, please sign in the space indicated and return a signed copy to our office.
TASK 1.0
LSRP Retention and Geophysical Survey
$2,975.00
TASK 2.0
UST Closure, Soil Excavation, Disposal, Post - Excavation Soil Sampling, and
Backfill $44,155.00
TASK 3.0
Data Tabulation and Evaluation
$810.00
TASK 4.0
UST Closure Report/Remedial Action Report
$4,210.00
TASK 5.0
Preparation of a RAO
$1,540.00
TASK 6.0
Technical Consulting and Project Management
$3,150.00
Approved:
Accepted:
PROJECT TOTAL:
Client
Excel Environmental Resources, Inc.
$56,840.00
Date
Date
Attachment A
Detailed Cost Estimate
UST CLOSURE and
RAO COST ESTIMATE
46 Washington Ave
Carteret, New Jersey
Excel Project No. 17570
TASK 1.0 LSRP Retention and Geophysical Survey
Includes retention of a Licensed Site Remediation Professional (LSRP) via the New Jersey Department of Environmental
Protection (NJDEP's) Online Portal. This task also includes submission of a Confirmed Discharge Notification and online fee
form submission, required as part of the LSRP program to issue a Response Action Outcome (RAO).
Labor:
LSRP 4 hour @ $175.00 /hour $700.00
Administrative Asst. I hour @ $75.00 /hour $75.00
Labor Total $775.00
Outside Services: EnviroPhysics
GPR Tank Survey 1 day @ $2,200.00 /day $2,200.00
Outside Services Total $2,200.00
TASK 1.0 TOTAL $2,975.110
TASK 2.0 UST Closure, Soil Excavation, Disposal, Post - Excavation Soil Sampling, and Backrill
Three Day Task - This task includes closure by excavation of a total of 4 USTs: Two 550 - gallon underground storage tanks
(USTs), one 1,000 - gallon No. 2 fuel oil UST, and one Regulated 3,000 -gallon No. 2 fuel oil UST. This task includes registering
the regulated UST, removal/offsite disposal of all tank contents and the tank/associated piping. Prior to backfdling the
excavations, the required number of post- excavation soil samples will be collected from each excavation per the NJDEP
Technical Rules. Note UST registration fee of $1,850 to be paid directly by the Borough.
Soil samples will be collected along the centerline of each of the UST excavations. The soil samples will be analyzed for non-
fractionated Extractable Petroleum Hydrocarbons (EPH) with contingency analysis for Naphthalene and 2- Methylnaphthalene on
25% of the EPH samples with concentrations greater then 1,000 milligrams per kilogram.
For the purposes of this estimate, it is assumed groundwater will not be encountered during closure activities, no groundwater
investigation is required, and all tanks are assumed to be leaking with evidence of a petroleum discharge to soil only. Excel
assumes 150 tons of petroleum impacted soil for disposal. Should any of these conditions change, Excel will provide a
supplemental cost estimate to address additional tasks using the unit rates detailed below in italics.
Labor:
LSRP
4 hours @
$175.00 /hour
$700.00
Remediation Site Manager
10 hours @
$125.00 /hour
$1,250.00
Project Geologist/Scientist II
30 hours @
$105.00 /hour
$3,150.00
Labor Total
$5,100.00
Travel, Materials, and Equipment:
Field Vehicle and Travel
3 days @
$100.00 /day
$300.00
PPE and Expenses
3 days @
$20.00 /day
$60.00
Soil Sampling Equipment
3 days @
$20.00 /day
$60.00
PID
3 days @
$85.00 /day
$255.00
Travel, Materials, and Equipment Total
$675.00
Outside Services: UST RemovaWST Disposal/Backfill (ELSCO) * **
Labor and Equipment
3 days @
$3,315.00 /day
$9,945.00
JD 160 Excavator
3 days @
$770.00 /day
$2,310.00
Mobilization/Demobilization
2 moves @
$355.00 /move
$710.00
Vacuum Truck with Operator
2 days @
$800.00 /day
$1,600.00
Certified clean fill
200 tons @
$29.50 /ton
$5,900.00
Disposal of Oily Water and Sludge
5,100 gallons @
$0.45 /gallon
$2,295.00
Permits (estimated)
$400.00 Lump Sum
$400.00
Soil Transportation and Disposal
150 tons @
$59.00 /ton
$8,850.00
Soil Loading
1 day @
$1,420.00 /day
$1,420.00
Waste Characterization
1 samples @
$2,500.00 /sample
$2,500.00
Post - Excavation Soil Analytical (TestAmerica- Standard TAT)
$2,450.00
20 EPH - Category I
$81.25 /per sample
$1,625.00
6 Nap /2 -Met
$106.25 /per sample
$637.50
_1 QA/QC
$187.50 /per sample
$187.50
Outside Services Total
$38,380.00
* ** Incl. additional mobilization required for residential 550 -gallon UST to be removed during Demo. activity
TASK 2.0 TOTAL
$44,155.00
K:V' ye V 757o 46 w h,ngmnwsrRe .1 C., EsMA Page 2 of 4
UST CLOSURE and
RAO COST ESTIMATE
46 Washington Ave
Carteret, New Jersey
Excel Project No. 17570
TASK 3.0 Data Tabulation and Evaluation
Includes tabulation, quality assurance /quality control (QA/QC) validation, and evaluation of soil data in comparison to applicable
NJDEP Most Stringent Soil Remediation Standards (MSSRS). Also includes the preparation of Electronic Data Deliverables
(EDDs).
Labor:
Staff Geologist/Scientist 11
CADD Technician
6 hours @ $85.00 /hour $510.00
4 hours @ $75.00 /hour $300.00
Labor Total $810.00
TASK 3.0 TOTAL $810.00
TASK 4.0 UST Closure Report/Remedial Action Report
A UST Closure Report/Remedial Action Report will be prepared to document the UST closure activities, excavation, disposal of
any impacted soil, and post- excavation soil analytical results. This task also includes the preparation of an updated receptor
evaluation, case inventory document (CID), and the completion of all required NJDEP forms (RA and Cover Certification).
Labor:
LSRP
Project Manager II
Staff Geologist/Scientist II
CADD Technician
Administrative Assistant
Materials and Equipment:
Report Preparation and Distribution
6 hours @
$175.00 /hour
$1,050.00
8 hours @
$125.00 /hour
$1,000.00
16 hours @
$85.00 /hour
$1,360.00
6 hours @
$75.00 /hour
$450.00
4 hours @
$75.00 /hour
$300.00
Labor Total
$4,160.00
$50.00
Materials and Equipment Total
$50.00
TASK 4.0 TOTAL $4,210.011
TASK 5.0 Preparation of a RAO
This task includes the preparation and issuance of a Response Action Outcome (RAO), RAO Form, and all supporting
documentation for the UST Closures. Please note this task does not include Annual Remediation Fees required by the NJDEP.
Labor:
LSRP
Staff Geologist/Scientist II
Administrative Assistant
6 hours @ $175.00 /hour
$1,050.00
4 hours @ $85.00 /hour
$340.00
2 hours @ $75.00 /hour
$150.00
Labor Total
$1,540.00
TASK 5.0 TOTAL $1,510.00
KAP,*— V757046 w hing— \USrR,- 1C—E.W Page 3 of 4
UST CLOSURE and
RAO COST ESTIMATE
46 Washington Ave
Carteret, New Jersey
Excel Project No. 17570
TASK 6.0 Technical Consulting and Project Management
Includes technical consulting and professional support that will be provided during the course of the project. Also includes client
and attorney communications, expert consultation and technical negotiations regarding work scope, resolution of
technicallregulatory issues, and overall project management including schedule and budget control.
Labor:
LSRP 12 hours @ $175.00 /hour $2,100.00
Project Manager II 6 hours @ $125.00 /hour $750.00
Administrative Assistant 2 hours @ $75.00 /hour $150.00
Other Direct Costs (Phone, Fax, Copying, Mail @ 5% of PM Labor) $150.00
TASK 6.0 TOTAL $3150.00
PROJECT TOTAL $56,840.00
GENERAL CONDITIONS/NOTES
Any additional sampling that is required will be invoiced at the unit rates above.
Should tank volumes be greater than stated above, additional costs may apply.
Any additional backfill or liquid disposal greater than those stated, will be billed at the unit rates above.
Any additional excavation due to a release from the UST will be provided at the unit rate of $3,315 /day.
Soil Characterization to characterize 100 cubic yards can be provided for $2,500 /sample.
If sampling of any additional volume beyond 100 cubic yards is required the additional analysis will be provided at the unit costs outlined
above.
Non - Hazardous soil transportation and disposal can be provided for $59 /ton. Additional mobilization and loading costs will apply.
KV A]757046 w-e„.g..WSrJ? , . 1C -,E,Mi Page 4 of 4
Attachment B
Excel's Standard Terms and Conditions with Labor Rate Schedule
EXCE L
Environmental
Resources, Inc.
EXCEL ENVIRONMENTAL RESOURCES, INC.
STANDARD TERMS AND CONDITIONS
Effective January 1, 2017
AGREEMENT — This agreement between Excel Environmental Resources, Inc. (Excel) and the client identified herein, consisting of
a proposal and Standard Terms and Conditions, constitutes the entire understanding between the parties. The terms of this agreement
shall be deemed accepted by Client at the earlier of Excel's initiation of Services at the verbal or written direction of Client or Client's
written agreement to be bound by these terms. Any waiver modification or amendment of this contract shall be effective only if in
writing and signed by an authorized representative by Excel. Excel hereby objects to any terms contained in any prior or subsequent
purchase orders, work orders, invoices, acknowledgement forms, requests for proposals or other documents received from the Client
that would otherwise have the effect of modifying or abrogating these Standard Terms and Conditions in whole or in part. If any portion
of this contract is held invalid or unenforceable, any remaining portion shall continue in full force and effect. Nothing herein shall be
construed to give any rights or benefits hereunder to anyone other than Client or Excel. There shall be no assignment of the rights or
obligations contained in this contract by either party and any such assignment shall be null and void.
2. TERMINATION - Either party may terminate this Agreement by giving the other party ten (10) days written notice. Termination of
this Agreement or the Services for any reason shall not affect or minimize the respective rights, obligations and limitations of liability
contained herein. The construction, interpretation and performance of this Agreement and all transactions relating thereto, shall be
governed by the laws of the State of New Jersey.
3. CHANGES — This Agreement may be modified with the mutual consent of both parties. All changes must be made in writing and must
be signed by the Client and Excel. Notwithstanding any other provisions of the Agreement to the contrary, Excel shall be entitled to
additional compensation for work in the event that Excel experiences any increases in costs due to changes in the scope of work defined
in Excel's original proposal, or for additional work requested by client, or changes in the manner or method of performance of work, or
due to changes in schedule or circumstances not solely caused by Excel. Excel shall be compensated for all such additional work either
(1) as previously agreed in writing by the parties; or (2) on a time and materials basis in accordance with Excel's then current standard
commercial rates.
4. ACCESS - Client grants or shall obtain for Excel and its subcontractors, authority to enter the property upon which Excel's Services
are to be performed (Site), at Client's expense.
5. CLIENT INFORMATION — Client must provide Excel with all available information pertinent to the project, including previous
reports, and/or any other information necessary to complete the scope of work defined in the proposal. Client understands that Excel is
relying upon the completeness and accuracy of information supplied to it by Client and others in connection with the scope of work
without independent verification. Client agrees to advise Excel of the existence of any hazardous substances, wastes or conditions
affecting the Site or the scope of work to be performed hereunder.
6. STANDARD OF SERVICES AND WARRANTY — Excel agrees to perform its services in accordance with generally accepted
engineering and construction standards, and scientific practices in effect and utilized by environmental firms in the United States at the
time the Services are rendered. The Services may involve the use of tests, calculations, analysis and procedures, which are in a state of
change and refinement. Client recognizes that projects involving hazardous waste sites may not perform as anticipated even though the
Services are performed in accordance with the required level of care. Given the difficulty in predicting the environmental condition of
a site based upon limited sampling and investigative activity, client recognizes that any statements, opinions and conclusions contained
in reports and other documents prepared and/or issued by Excel are only meant to give approximations of the environmental conditions
of the Site limited to the particular contaminant(s) and/or environmental issues actually targeted by Excel's investigation and the portions
of the Site actually investigated, sampled or tested by Excel. Subject to Section 17, Excel warrants that, if any of its completed Services
fail to conform to the above standard, Excel will, at its expense and provided Excel is notified of such defective Services within one
year of the completion of the Services, either perform corrective Services of the type originally performed as may be required to correct
such defective Services or refund to Client the amount paid to Excel for the defective Services. Except as provided in this section, Excel
makes no other warranty express or implied, and shall have no other liability to Client for defective Services, whether caused by error,
omission, negligence or otherwise.
CONFIDENTIAL AND PROPRIETARY INFORMATION — Excel will use its best efforts to protect confidential and propriety
information developed or provided by client during performance of the scope of work. "Confidential and Proprietary Information"
means all technical, economic, financial, marketing or other information that has not been published and/or is not otherwise available
to members of the public.
K• IDataW DMINIGeneral Terms and ConditionsIGeneralConditions Commercial 2017.docx Page 1 of 4
NEXCEL
Environmental
Resources, Inc.
8. PROMOTIONAL MATERIALS - Client agrees that Excel may use and publish Client's name and a general description of the
Services provided to Client in describing Excel's experience and qualifications to other clients and potential clients, unless otherwise
requested by Client not to do so.
9. WORK PRODUCTS — "Work Products" consist of all reports, notes, laboratory test data and other information prepared by Excel for
delivery to Client. Client shall have the right to make and retain copies and use all Work Products. Use of the work product shall be
limited to the particular Site and/or project for which the Work Product is provided. Client may release the Work Product to third parties
at its sole risk and discretion; however, Excel shall not be liable for any claims or damages resulting from or connected with such release
or any third party's use of the Work Product. Client shall indemnify, defend and hold Excel harmless from any and all such claims or
damages resulting from release of the work product to third parties.
10. INSURANCE COVERAGE — For purposes of performing the scope of work, Excel shall maintain Workers Compensation and
Employer's Liability insurance in accordance with requirements of the state in which the Services are being performed, Commercial
General Liability insurance with a combined single limit of $5,000,000 per occurrence for bodily injury and property damage,
Automobile Liability insurance including owned and hired vehicles with a combined single limit of $1,000,000 per occurrence for
bodily injury and property damage, and Professional Liability (errors and omissions) insurance with a combined single limit of
$5,000,000 per occurrence.
11. INDEMNITY BY EXCEL — Excel shall indemnify, defend and hold harmless Client, its officers, directors, agents, employees and
affiliated and parent companies against claims, demands and causes of action of third parties (including attorneys fees and costs of
defense) for personal injury, disease or death, and damage of property arising during the performance of Services to the extent caused
by the negligence or willful misconduct of Excel. Excel's aggregate liability under the above indemnity shall not exceed the recoveries
under the types and limits of insurance set forth in Item 10 of this contract and Client agrees to release, defend and indemnify Excel
from and against all further liability under the above indemnity arising from such Services.
12. REMEDIES — Neither party, nor their parent, affiliate or subsidiary companies, nor the officers, directors, agents, employees or
contractors of any of the foregoing, shall be liable to the other in any action or claim for incidental, indirect, special, collateral,
consequential, exemplary or punitive damages arising out of or related to the Services, including without limitation, loss of profits, loss
of opportunity, loss of production, or loss of use. Any protection or limitation against liability for any losses or damages afforded any
individual or entity by these General Conditions shall apply whether the action in which recovery of damages is sought is based upon
contract, tort (including, to the greatest extent permitted by law the sole, concurrent or other negligence, whether active or passive, and
strict liability of any protected individual or entity), statute or otherwise. To the extent permitted by law, any statutory remedies
inconsistent with these terms are waived.
13. ENVIRONMENTAL CONDITIONS — Client shall provide (or cause the Site owner to provide) Excel with the identity and location
of all subsurface facilities and obstructions on the site. Client agrees to waive any claims against Excel and to indemnify, defend and
hold Excel harmless from any claims, demands or causes of action for damages to subsurface facilities or obstructions that are not
accurately identified or located by Client or others. Client assumes responsibility for air, subsurface and/or ground pollution and
environmental impairment from toxic substances or hazardous materials existing at the Site and shall indemnify and defend Excel from
any claims, demands and causes of action of third parties related thereto, except where such claims, demands and causes of action are
caused by the sole negligence or willful misconduct of Excel.
14. INDEPENDENT CONTRACTOR — All of Excel's Services will be performed as an independent contractor.
15. SUBCONTRACTORS — Excel may use one or more subcontractors, as necessary, to complete the Scope of Work. Subcontractors
used by Excel to conduct various field related activities have received all required Hazardous Materials Workers training and annual
updates as required under OSHA. Laboratories subcontracted by Excel have appropriate State/National certifications required for the
analytical services to be provided.
The Client may elect to contract directly with a contractor or subcontractor, and will be solely and completely responsible for charges
and costs incurred by the contractor or subcontractor. Excel assumes the contractors or subcontractors hired directly by the Client has
all required OSHA training and certifications. Excel reserves the right to refuse to work with any contractor and/or subcontractor hired
by the Client, that in Excel's opinion is not qualified or properly certified to perform the work for which it has been engaged to complete.
Client shall indemnify and hold harmless Excel from any and all claims, demands, damages, and liability resulting from the activities
of any contractor, subcontractor, employee, and/or agent the Client engages directly to perform services directly related to the Scope of
Work covered by this Agreement.
16. FORCE MAJEURE — Excel shall have no liability for any failure to perform or delay in performance of the Services caused by
circumstances beyond its reasonable control, including, but not limited to strikes, riots, wars, floods, fires, explosion, acts of nature, acts
of government, labor disturbances, delays in transportation or inability to obtain material or equipment.
K. IDataWDMIMGeneral Terms and ConditionslGeneralConditions Commercial2017.docx Page 2 of4
EXCEL
= Environmental
Resources, Inc.
17. LIMITATION OF LIABILITY — Except as provided in Section 11 of this contract and to the greatest extent allowed by law, Client
agrees that Excel's aggregate liability to Client and others for any and all injuries, claims, demands, losses, expenses or damages, of
whatever kind or character, arising out of or in any way related to this Agreement, the Services provided or the Site, shall be to the lesser
of $50,000 or the total amount of compensation received by Excel hereunder. The parties agree that in any dispute over the terms of
this Agreement or any issues arising under this Agreement, they will make a good faith effort to resolve the matter without litigation.
Pending the outcome of such dispute resolution, both parties shall take immediate steps to mitigate any damages. Until such time as the
dispute is resolved, Excel reserves the right to suspend its Services and notify the Client of such in a timely manner.
18. OWNERSHIP OF WASTE — In no event shall Excel take title to or be liable for disposal or remediation costs associated with Pre -
Existing Wastes or wastes generated as a result of the scope of work. "Pre- Existing Waste" is any hazardous or non - hazardous wastes,
substances or materials existing on the Site prior to the date that the Scope of Work is initiated. Wastes generated as a result of the scope
of work may include, but not be limited to, contaminated soils, water, or sediments; used personal protective equipment; investigation
derived wastes; oils and other products recovered from the subsurface by remediation systems; and spill containment and control
materials. Upon request, Excel shall assist Client in the proper handling, storage, transportation and/or disposal of Pre - Existing Waste
and waste generated as a result of the Scope of Work, in accordance with all applicable federal state and local laws and regulations.
Client shall sign all required manifests, disposal contracts and other documentation necessary to allow Excel to complete the Scope of
Work in a timely manner. Client agrees to look solely to the disposal facility and/or transportation concern for any damages arising from
improper transportation or disposal of waste.
19. BILLING RATES — Charges for all professional, technical and administrative personnel assigned to complete the Scope of Work will
be calculated and billed in accordance with the Labor Rate Table provided as Attachment I to this Agreement. Labor rates are inclusive
of all applicable taxes, duties, fees and related charges, fringe benefits, burden and fee. The Labor Rates are based on a 40 -hour work
week. Overtime hours for exempt employees (non - hourly) will be billed at the standard Labor Rates. Overtime hours for non - exempt
employees (hourly) will be billed 150 %.
20. LITIGATION SUPPORT — In the event that Excel's employees are requested by Client or compelled by subpoena or otherwise by
any party to give expert or witness testimony or otherwise participate in a judicial or administrative proceeding involving the Client at
any time, Client shall compensate Excel at 150% of the employee's billing rate, including preparation time, and shall reimburse Excel
for all out of pocket costs as provided herein.
21. RETAINER — Excel may require advance deposit of funds on specific projects based upon project cost estimates, Client credit history,
or Excel's prior collection history with Client. In those instances, Excel and the Client will mutually provide terms for the deposit of
advance payments and provision for crediting such advances against invoices for Services completed.
22. OTHER DIRECT COSTS — Other Direct Costs include subcontracts, materials, shipping charges, special fees, permit fees, special
insurance and licenses, and miscellaneous costs. Other Direct Costs will be invoiced at cost plus an eighteen percent (18 %) fee. All
other internal expenses (reproduction, telephone, facsimile, etc.) will be charged as a percentage of labor cost, or as quoted.
23. INVOICING AND PAYMENT — Invoices will be issued periodically (on a quarterly basis at a minimum, monthly where applicable)
itemizing the staff categories, hours worked, rates, and the Other Direct Costs. Copies of supporting documentation will be provided
upon Client's request and at Client's expense. Original receipts will be available for review at Excel's office, but will not be released.
Payments are due at the address appearing on the invoice within thirty (30) days of invoice date and Excel reserves the right to apply a
service fee of 1.5% per month to balances beyond 30 days and to collect any fees associated with collection of unpaid balances, including
but not limited to attorneys fees and court costs. In addition, Excel may, after giving seven (7) days written notice to Client, suspend
Services without liability until the Client has paid in full all amounts due Excel on account of Services rendered and expenses incurred
including interest on past due invoices or terminate Services without liability. If there is a disputed amount on an invoice, Client agrees
to pay all undisputed amounts in the thirty (30) day period.
24. ESTIMATE OF COSTS AND SCHEDULES — Excel's estimate of costs and schedule are for Client's budget and planning assistance
only. Cost and schedule estimates are based on Excel's best judgment of the requirements known at the time of the proposal and can
be influenced favorably or adversely by Client needs and other circumstances. Excel will endeavor to perform the Services and
accomplish the objectives within the estimated costs and schedule, but in no event shall Excel's estimate be interpreted as a not -to-
exceed or fixed price. Notwithstanding any other terms to the contrary, Excel shall be entitled to a change order for additional
compensation or additional time to perform its work, in the event that work outside the Services is requested or required to be performed
by Excel, or in the event that the assumptions underlying Excel's proposal prove to be different from the facts actually encountered by
Excel during the performance of the Services.
K.- DwaWDMIfGeneral Terms and CondidonslGeneralConditions Commercial2017.docx Page 3 of4
NEXCEL
= Environmental
Resources, Inc.
RATESCHEDULE
(Effective January 1, 2017)
Sr Principal .................................................................................. ............................... $325.00/Hour
Principal....................................................................................... ...............................
$275.00 /Hour
Sr. Technical Consultant .............................................................. ...............................
$250.00 /Hour
Project Director /Sr. Project Engineer ........................................... ...............................
$200.00/Hour
Sr. Project Manager ..................................................................... ...............................
$175.00 /Hour
Sr. Remediation Site Manager ..................................................... ...............................
$150.00/Hour
Remediation Site Manager ........................................................... ...............................
$125.00/Hour
Sr. Engineer /Sr. Geologist .......................................................... ...............................
$125.00 /Hour
ProjectManager III ...................................................................... ...............................
$150.00/Hour
Project Manager II ....................................................................... ...............................
$125.00/Hour
ProjectManager I ......................................................................... ...............................
$115.00 /Hour
Project Geologist/Scientist/Engineer 11 ........................................ ...............................
$105.0041our
Project Geologist/Scientist/Engineer I ........................................... ...............................
$95.00/Hour
FieldSupervisor ............................................................................. ...............................
$95.00 /Hour
Chief Financial Analyst ................................................................. ...............................
$95.00/Hour
Staff Geologist /Scientist/Engineer 11 ............................................. ............................... $85.00/Hour
Staff Geologist /Scientist/Engineer I ............................................... ............................... $75.00/Hour
Administrative Assistant / Technician ............................................. ............................... $75.00/Hour
Materials, Equipment & Travel Expenses
1. Outside services subcontracted by Excel, including subcontracted drilling and analytical services, will be
billed at cost plus 18% to cover environmental insurance and other surcharges.
2. Mileage will be billed from the Excel Environmental Resources office to the site location at the IRS Standard
mileage rate for businesses which is $0.535 /mile for 2017.
3. An additional 5% of Project Management labor costs will be added to each invoice to cover Direct Costs
such as duplication, telephone, fax, mail, insurance, and other related costs.
De ositional Testimony, Expert Witness, Arbitration, and /or Mediation Rat
Preparation for and participation in Depositional Testimony, Expert Witness, Arbitration
and /or Mediation will be billed at $375 /hour.
K. 0ataW DU1MGeneral Terms and ConditionslGeneralConditions Commercial 2017.docx Page 4 of 4
7325418925 Borough of Carteret
71-f'-
OFFICE OF
EWIMEE1 4 1I. BARNEI", R.WW'11C
iWI ICIPAL CLERK
To: Patrick DeBlasio
Treasurer
Borough of Carteret
REQUEST FOR CERTIFICATION OF AVAILABLE FUNDS
61 COOKS AVE1 UE
CARTERET, NEW JERSEY 07003
Date: July 26, 2017
For: AUTHORIZING A PROFESSIONAL SERVICES CONTRACT WITH EXCEL ENVIRONMENTAL
RESOURCES, INC.. c�
Name of Account: RESOLUTION #
AMOUNT TO BE ENCUMBERED: TOTAL COST NOT TO EXCEED $56,840.00 BILLABLE WITH EXCEL
ENVIRONMENTAL RESOUCES, INC. EXISTING CONTRACT WITH THE BOROUGH ,
KAT W. BAR
Municipal Clerk
CERTIFICATION OF AVAILABILITY OF FUNDS
I, Treasurer of the Borough of Carteret, do hereby certify that there are sufficient funds available in the current
budget to enable the Municipal Council to authorize the entering into a Contract between the Borough of Carteret
and;
L X � � f` E� ✓; � /z� S v ti�c� :Lt _
The funds available for this contract are in the Budget, in the account of:
0./.,4-d / 7- 0 5 -
- � Y - i - 7
In the amount of: 5-
By this certification, I have hereby encumbered the above named account for the amount of the contract pending
Council action.
Date: (' // ,
01:49:30 p.m. 07 -26 -2017 2/3
Pitran rrf (ffarfi�rrf
M OOLESEX C.C)UNTY
' Nwrfu 3ersev
TEL (732) 511 - 3800
FAX (732) 511 -8925
Patri DeBlasio
Treasurer
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:
August 14, 2017
Sworn an s bscribed before
me this day of Z - 6 /.
athleen M. Barney, MMC
Municipal Clerk
BOROUGH OF CARTERET
NOTICE OF CONTRACT AWARD
The Borough of Carteret has awarded a contract without competi-
tive bidding as a Professional Service
(1) public contract and the resol ution u authorit o N t are available
for public inspection in the Office of the Municipal Clerk.
This action is approved as an award of a Professional Services Con-
tract pursuant to N.J.S.A,
. a) in accordance with the Bon_
ough's Fair and Open Process as authorized by law.
Awarded To: Excel Environmental Resources
Services: professional Environmental Services with Re
derground Storage Tank Removal and Site -wide
Washington Avenue Bard to Un-
Resolut�on: #17_718 RAO for q6
Cost: Not to exceed $56,840
schedule.
.00; Hourly rate according
Kathleen M. Barney, YO rate
( $ 20 .24)BARNB Municipal Clerk y MMC
CARMELA POGORZELSKI
NOTARY PUBLIC OF NEW JERSEY
My Commission Expires 9/27/2017
Ad Number: 0002338557 Run Dates: 08/14/17
BOROUGH OF CARTERET
NOTICE OF CONTRACT AWARD
The Borough of Carteret has awarded a contract without competi-
tive bidding as a Professional Service pursuant to N.J.S.A. 40A:11 -5
(1) (a). This contract and the resolution authorizing it are available
for public inspection in the Office of the Municipal Clerk.
This action is approved as an award of a Professional Services Con-
tract pursuant to N.J.S.A.40A:11- 5(1)(a) in accordance with the Bor-
ough's Fair and Open Process as authorized by law.
Awarded To: Excel Environmental Resources
Services: Professional Environmental Services with Regard to Un-
derground Storage Tank Removal and Site -wide RAO for 46
Washington Avenue
Resolution: #17 -119
Cost: Not to exceed $56,840.00; Hourly rate according to rate
schedule.
Kathleen M. Barney, MMC
Municipal Clerk
($20.24) BARN B
002338557 -01