Loading...
HomeMy Public PortalAboutr 20-183Ywool fiou of #hQ �Bvrro h of Tart d, No. #20 -183 Date of.Adootine December 10, 2020 RESOLUTION AUTHORIZING FAIR AND OPEN CONTRACT FOR SEDIMENT SAMPLING AND ANALYSIS FOR THE ARTHUR HILL WATERWAY IN CARTERET WHEREAS, the Borough of Carteret has a need for specialized services with regard to sediment sampling and analysis for the Arthur Kill Waterway in Carteret as a fair and open contract pursuant to the provisions of N.J.S.A. 19:44A -20.5 et seq; and WHEREAS, the Borough has, through a "fair and open" process, solicited quotes for the receipt of proposals; and WHEREAS, the Borough of Carteret retained the services of Normandeau Associates; and WHEREAS, the above mentioned vendor completed and submitted all required documentation; and NOW THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Carteret authorizes the Finance Department on behalf of the Mayor and Borough Council to issue and execute a purchase order for the foregoing to the above vendor through the Fair and Open Process, with funds certified available by the Chief Financial Officer: and BE IT FURTHER RESOLVED that the CFO has been authorized to arrange to pay for the foregoing in accordance with the terms of the purchase order not to exceed $21,407.00. Account # Adopted this 10 day of December, 2020 and certified as a true copy of the original on December 11, 2020. CARMELA POGORZELSKI Acting Municipal Clerk RECORD Or COUNCIL VOTE COUNCILMAN BELLINO YES X - COUN CILMAN JOHAL NV A.B. DIAZ X 7NV KRUM :YE DIMASCIO X NAPLES X- Indicatevote AB- Absent NV -Not Voting XOR- Indicates Vole to Overrule Veto Adopted at a meeting of the Municipal Council f"} De tuber 10 2 Acting tlunlclpa1\.�leyl< L/ 2020 3.33PM No, wd Y, I ' OF CARTERET ®artie�l. ACTING MUNKCIPAL CLERIC To: Patcicl(j. DeBlasio, Treasurer Borough of Carteret RFQT7I;ST FOR ClYk"FICATION Ole AVAIIA1 L E FUNDS: For; RESOLUTION AUTHORIZING A FAIR AND OFFN CONTRACT F S EDI ME NT SAMPLING AND ANALYSIS FOR THE ARTHUR KILT. VAi`MAY IN Name of Account: NORMANbrAU ASSOCIATES ,Amount to be encumbered: ItesolutionA airiiiiYiii ■ ■iL XXXiiiiii ■ ■XX ■IIXXi XXVIXXiXi XXYYYYYYX •XXMi MXM iXX XF ii iiiiiiii CFIdTIFICAT•ION OF AVAILABIr.I'I'Y OF FUNDS I, Treasurex of the Borough of Carteret, do hereby certify that rhere axi, aufficleut Fonds available in the current budget to enable the Borough Couzacil to authorize the entering into a contract between the Borough of Carteret an ; The funda available for this contract are in the budget, ill the account of: fJ_UI•� in the amopm B� this cerdf?cation, I have hereby encumbered the above named account for the amount of the cantiactpending Council action. / Patric DeBlasfo, Treasurrerr Date: - 4 •Zt McMoxial MuWdp01 Buff ling + 61 CooIreAveziue a Cattexot, Newfexaey 07008 x ; 792 54I -9800 0 Sax: 732 -u47 -8925 • Z= Orte_reN.ne• NORMAN EALI ASSOCIATES ENVIRONMENTAL CONSULTANTS December 15, 2020 Mr. John Dupont Borough of Carteret, NJ 61 Cooke Avenue Carteret, NJ 07008 Electronically sent via email to duponti @carteret.net And Ericka Nakllekl, T &M Associates, enakiicki@tandmassociates.com SUBJECT: Normandeau Cost Proposal for Sediment Sampling and Analysis for Carteret, NJ Arthur KIII Waterway. Normandeau Opportunity No. 2021-03-033 Dear Mr. Dupont: Normandeau Associates, Inc. ( "Normandeau ") is pleased to provide this proposal in response to Borough of Carteret ( "Client" or "Carteret ") request for the collection and laboratory testing of sediment along the Arthur Kill waterway in Carteret, NJ. Normandeau's quotation is based on a request for quote emalled to Normandeau dated September 21, 2020 and a NJ SSAP dated September 14, 2020. This letter along with the accompanying Standard Terms and Conditions is to be considered an Agreement when executed by Client's duly authorized agent. Also Included is Resolution 420 -183 that was adopted December 10, 2020 by the Borough of Carteret, NJ, SCOPE OF WORK Summary of professional services to be performed by Normandeau are as follows (Attachment 1): A. Work to be performed: The sampling effort for this project requires Normandeau to provide labor, equipment, and materials to collect sediment cores along the Arthur KIII waterway in Carteret, NJ. In this proposal Normandeau has provided prices for sampling and testing 6 cores and 2 composites. Sufficient sediment will be collected in the cores to allow Normandeau's selected laboratory, ALS Environmental, Middletown, PA, to perform physical and chemical testing on all the sediment cores for VOCs, Grain Size, TOC and % moisture and then also analyze two composites for NJDEP Tier II Bulk Chemistry and Modified Elutriate Parameters such as DioxinfFurans, SVOCs, Pesticides, PCBs, TAL Metals, Cr +6, Cr +3 and Total Cyanide. In addition QC samples (Site Water, Field Blank, MSfMSD) would be taken during the sampling event. B. Schedule: Field work will be scheduled within two to three weeks of written notice to proceed. C. Deliverables: Laboratory analytical results will be requested as a 10 -day or two week turnaround for results. Final review and data submittal from Normandeau will be within ten days of receipt of analytical results, All sediment sampling, sample handling and transportation, sample processing, testing, analysis and reporting 40001d Reading Pike, Building A, Suite 101 Stowe, PA 19464 705 -5733 Corporate Office: Normandeau Associates, Inc, -25 Nashua Road-Bedford, NH 03110(603) 472 -5191 www. normandeau.com NORMANDEAU ✓~ ASSOCIATES 611MOHMONTAL OONSULTAIM Borough of Carteret, NJ December 15, 2020 Page 2 will be in accordance with a Sampling and Analysis Plan (SAP) approved by a State Environmental Agency; and all applicable US Army Corps of Engineers (USACE) Regulations and Standards. Data submittal will Include GPS coordinates for the coring locations, photographs, boring logs and field data sheets, and analytical results for physical testing and chemistry analytical for the two composites and four elutriate samples. COMPENSATION: The rates listed above are unit rate costs. Normandeau will not charge more than the above compensation rates, unless unforeseen conditions outside of this scope are encountered or additional work Is requested, Normandeau will Inform Borough of Carter immediately should additional time or expense be required. Laboratory costs are billed at cost plus 10 %. INVOICING AND PAYMENTTERMS: Payment shall be made to us within thirty (30) days of receipt of Normandeau's Invoice. Late payments shall Incur interest at the rate of 1.5% per month over thirty (30) days. Normandeau may, at its sole option, terminate Its obligations under this Agreement if any invoice is not paid within thirty (30) days of receipt. POINT OF CONTACT Normandeau Point of Contact will be: Mr. Donald J. Nazario 400 Old Reading Pike Building A, Suite 101 Stowe, PA, 19464 Direct Phone Number: (484) 945 -2549 Email address: dnazarlo @normandeau.com NORMANDEAU ASSOCIATES ENVIRORMEIITAL OUNBOLTAIM Borough of Carteret, NJ December 15, 2020 Page 3 If this Agreement is acceptable, please sign this letter and the Terms and Conditions where indicated as Client and return one (1) executed copy to Normandeau's office to confirm the agreement. If not executed within 60 days from date of this letter, Normandeau scope and cost may be subject to renegotiation. Thank you for the opportunity to offer Normandeau's services and we look forward to working with Borough of Carteret, NJ on this project. Sincerely, W 71?L- � Donald J. Nazarlo Senior EnvironmentaIScientist ou w't 4 — Kerrie Diers Vice President DJNj` Attachments: 1. Scope Of Work 2. Normandeau Terms and Conditions 3. Resolution No. 20 -183 NORMANDEAU ✓�. ASSOCIATES CHM0111e¢11rAL oouauunurn ACKNOWLEDGMENT SUBJECT: Normandeau Cost Proposal for Sediment Sampling and Analysis for Carteret, NJ Arthur Kill Waterway. Normandeau Opportunity No, 2021 -03 -033 Borough of Carteret, NJ December 15, 2020 Page 4 The Borough of Carteret, NJ hereby acknowledges this to be an Agreement and agrees to the conditions as stated. Normandeau Is hereby directed to proceed with the scope ofservices. The Borough of Carteret hereby acknowledges that it has the financial resources and Intends to pay for services rendered in accordance with the conditions as stated herein and acknowledges that if invoices are not paid in full within 30 days of receipt, that the Normandeau may stop work until the invoices are paid. The Borough of Carteret warrants that the signature below represents the Client and possesses the full legal authority to execute this AGREEMENT on behalf of Client. CLIENT: Borough of Carteret, NJ Du uthorized Agent Printed Name FM Date ' D+F J iiw'k b[4 Title NORMANDEAU N ASSOCIATES Borough of Carteret, NJ 611 M ONMe11TAL OOpe ULTAUTS December 15, 2020 NORMANDEAU ASSOCIATES, INC. Normandeau routinely provides sediment sampling services in water bodies in PA, NY, NJ, DE and other locations in the Mid - Atlantic Region, Normandeau has worked within the Greater Philadelphia and New York Metropolitan Areas for over 30 years. Normandeau's fleet of boats and vibracoring equipment allows flexibility for the staff to collect samples in sometimes hard -to- access locations so that Normandeau may provide clients with precise and definitive results for their projects, If awarded this project, a two person crew and all coring and sediment sampling equipment from Normandeau's Stowe, PA office will be responsible for collecting the sediment cores along the Arthur Kill. SAMPLING APPROACH Normandeau anticipates using the 21 -foot coring barge with a submersible vibracore unit to conduct sediment core collection activities. Normandeau's primary vibracoring unit, a Rossfelder P -3, facilitates sampling of soft or loosely compacted sedimentfsoii deposits using 4 -Inch, clear, seml -rigid cellulose acetate butyrate (CAB) tubes, This material allows for faster coring deployments and immediate Inspection of the collected core through the clear tube. By using a 4 -Inch core the volume collected will be sufficient to complete physical analyses, bulk chemistry, and elutrlate analysis when collecting cores of greaterthan 5 feet. Where possible and as directed by The Borough of Carteret, Normandeau will attempt to advance sample cores to the maximum project sediment depth of -17 feet at designated sample locations. Due to inconsistencies in sediment composition (thick clays, gravelfdebris, high percentage of sands), complete sample cores from sediment surface to project depth may not always be possible. Therefore, coring will continue at each sample location until project depth is attained or until refusal occurs. If refusal occurs the depth to refusal will be noted. An additional attempt may be made if it is determined by the Normandeau Coring Supervisor that refusal was due to debris or core blockage. Re- usable coring and sampling equipment will be decontaminated per U.S, EPA protocol between sample locations. For the purposes of this quotation a minimum length of fourteen feet of CAB tubing was proposed to be used at each location. Once sampling is complete each sediment core tube will be capped on both ends and stored onboard until transportation for sediment processing, SEDIMENT PROCESSING After sampling is complete, the sediment cores will be maintained in a vertical position until transported back to land for sediment processing. Upon processing and per the requirements of the SAP, each core will be visually characterized and have boring logs completed which will Include a visual description and photographs of the sediment and core. Characterized sediment will be placed into laboratory containers and Normandeau will have a laboratory courier pick up containers and deliver them to the analytical laboratory under chain-of-custody for analysis in accordance with the SAP. SCHEDULE Normandeau's field team can usually be available within two to three weeks upon receipt of The Borough of Carteret written Notice to Proceed and written agreement with this proposed scope of work. Normandeau estimates that the sediment collection and sediment processing will take 2 days, for 6 core samples and two composite samples, to complete. Final results will be reported to The Borough of Carteret within 10 days of receipt of all analytical data. NORMANDEAU ASSOCIATES EIIVIIRONMeNTA4 OOIIBNITANTS ASSUMPTIONS Borough of Carteret, NJ December 15, 2020 It is expected that once Normandeau arrives at the designated sample location the area will be free of ships, boats, barges or other equipment that will Interfere with sampling at that GPS location. if a problem exists and Normandeau is unable to sample at the GPS location The Borough of Carteret can offer a substitute location or allow Normandeau to step off a select distance. New GPS locations will be recorded at each sample location upon sampling. PROJECT COSTS A breakdown of Normandeau costs for conducting the sediment collections and analyses are asfollows: 1. Project Management /Reporting: $760 (per event). This rate Includes project management and report preparation time and any utility clearances as needed, This rate also Includes time for submittal of field data sheets, core photographs, boring logs, GPS sample location coordinates, laboratory correspondence, sample data results and QAfQC of analytical results. 2. Mobilization /Demobllization: $2,213 (per event). This rate Includes round trip mobilizatlonfdemobilization of Normandeau's equipment and crew to the site, and equipment preparation and cleanup time. 3. Field Sampling: $2,690 (Dally Rate). This rate is based on an 8 -hour workday and Includes labor fees for one field crew lead scientist and one experienced assistant, meals, vibracore system, sub -meter GPS, a tow vehicle, and a fully - outfitted samplingvessel. 4. Expendable Project Supplies: $15 (per foot) estimated total $1,260. The rate includes the cost for four inch clear, semi -rigid cellulose acetate butyrate (CAB) tubes. It is estimated for 6 locations Normandeau will use up to 14 feet per location totaling to around 84 feet. Normandeau will charge only the actual feet of tubing used. S. Physical Testing Lab Costs: $2,086 (per 6 cores). This rate includes geotechnicai and chemistry testing for six core locations. Tier I physical analyses (Grain Size, TOC, and % moisture) and Tier II Bulk Chemistry analyses (VoCs). 6. Bulk Chemistry Analytical Lab Costs: $1,690 (per two composites). The rate Includes chemistry testing for two sediment core composites. Tier II Bulk Chemistry analyses (SVOCs, Pest, PCBs, DloxlnfFurans, TAL Metals, Cyanide, Cr +6, and Cr +3). 7. Modified Elutriate Analytical Lab Costs: $3,773 (per two composites). The rate includes costs for the creation of two modified elutriate solutions. Total & Dissolved solutions will be analyzed for Tier II Bulk Chemistry (SVOCs, Pest, PCBs, DioxinfFurans, TAL Metals, Cyanide, Cr +6, and Cr +3). 8. Laboratory QC Sample Costs: $4,245.00 (per event). The rate Includes testing for required quality control (QC) samples to Include Site Water, Field Blank, Matrix Spike (MS) and Matrix Spike Duplicate (MSD). QC samples are collected at a rate of once per 20 samples or once a week. Costs for a laboratory courier sample pick up is also Included. NORMANDEAU ASSOCIATES OIIVIOOIIMOIITAL COIIOULTAIITO Borough of Carteret, NJ December 15, 2020 a min December 15, 2020 NORMANDRAU ASSOCIATES, INC. STANDARD TERMS AND CONDITIONS The (erns and considers set forth Iterein (there 'Terms and Conditimi :' have been attached and are part of a written proposal (tie 'Proposal) dated submitted by Nonuandeau Associates, Inc. (hereinafter called 'Nonnandeari)fo dwrelonter called'Chatf), which Proposal sets forth amain services (o be undertaken by Normandeau for fire Client (the'Servioes7• As used herein, the term Tits Agrcemara' stroll mean these Terns and Confident and die Proposal collectively. PERFORMANCE OF SERVICES Normandeon agrees to perform the services as set forth in tine Proposal, subject to any Unexpected Contingency (as donned in Section 6 below). The Services shall not be changed without the writton agreement of both Nonnandcou mid We Client, except for such charges to the Servlcesas maybe pemdued, authorized, or contemplated by the proposal. 2. PAYMENT (a) The Client agrees to pay for the Services in accordance with ho payment Cents set forth In the Proposal, Unless otherwise agreed to in writing by Nonmendean and the Client, any agreed-stpon changes to ilia Services requiring additional services shall also be paid in accordance with ilia seine terns, whether such additional Services be undertaken (i) pursuant to Section g below, (ii) as a result of any governmental or court order or subpoena (including, but not limited to, preparation for and attendance at any floating, or (iii) otherwise. (b) Nonnandeou will good its invoices to the Client on or before the twentieth (200h) of each month for Services rendered during the preceding month. The Client agrees to pay to Norwandeau the amount shmvn f l each invoice upon the Clients receipt of ilia involve. Nonnandeau shall be entitled, at its sole option to Apply a finance clmrgoof I.IP %Per month on Accounts 30 days overdue. This is an APR of IS °/. 3. WARRANTY S. DAMAGES The Client agrees flint Normandeau's sole liability for any breach of its warranty as set forth in Section 3. or section 4 above, or rs the result of any cause or causes of Action in any way related to the Services mud arising in contract, tort, Aldo liability, or otherwise, shat), fn Ilia aggregate, be limited to the obligation to pay the Client an amount equal to (ho lesser of. (a) Ilia damages suffered bythe Client ns the direct mail thereof, or (b) the total a iout0 theretofore paid by ilia Client to Nonfrndeau for ilia Services. )n no event simll Norreadeat he responsible for any incidental, indirect. special, or consequential damages (including, but not limited to, loss of prolds), even ifNonnandeau has been advised of the possibility of such damages, 6. UNEXPECTED CONTINGENCIES If Nonnandean is rumble to conmmce the Services within Iite limo period set forth in ilia Proposal (or, If Ito (fine period is set forth in the Proposal, Ilion within ninety (90) days from ilia date of tits Proposal) because of any Unexpected Contingency (as defined below), then Nonnandean shelf have the Atli, at its option, either to terminate its obligations trader this Agreement or to renegotiate the Cauca mid conditions set forth in this Agreement. Further, if Nonnandean's perfomumtce of any covenant, Agreement, condition, or term of this Agreement Is prevented, delayed, made impossible, or otherwise Interfered with by any Unexpected Contingency, Ilion Nur natdeau's perfommice thereof shat] be suspended during the continuance of such event and for a reasonable time thereafter, notwithstanding any prevision of this Agreement to the contrary. For purposes ofthls Agreement, an'Unexpected Contingency Chad mean: (f) strikes, lookouts, riots, unavoidable Accidents, acts of God or of ilia public enemy, or unavailnbflhy of transportation; (if) Any lawful order issued by [[to United Slates goverment or any other federal, state, or local governmental militarily; (III) any unforeseen or unexpected contingency ilia non- occnnence of which was expressly impliedly or assumed in the Proposal; or Normandean warrants to Cho Client that Nonnandean will exercise reasonable care, skill, compotonce, mid judgment consistent with current professional standards in performing the Services and in meeting any estimate of cost or schedule set forth in ilia Proposal. In eousideetion of Nonnandemis extension of this warranty to ilia Client, the Client agrees flint THIS WARRANTY SHALL BE EXCLUSIVE Oil ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, 4. INDEMNITY (a) Normandeau agrees to indemnify, and hold hanniess ilia Client and its agars, representatives, employees, successors, mid Assigns train and against any and all claims, damages, losses, liabilities, costs, and expenses, (including, but not limited to, Attorney's fees) Arising out of, in connection With, or as too roan(( of. (i) negiigentperfoniimcooftto Semcesonvillfidnegtect;or (it) any breach or default by Norrandeacofany of its obligations herein. (b) Likewise, the Client agrees to indemnify and hold hanniess Normandemt and its agents, representatives, enployees, successors, assigns and subcontractors from and Against any And all claims, damages, losses, liabilities, costs, and expenses (including, bill not limited to, attorneys fees) arising or alleged to have arisen In Any way out of, in connecdon with, or as the result of. (i) willful neglect, omissionsornogligcnt actions Attie Client; (if) any breach ordefault by (lie Client of Any ofhs obligations underihis Agreement; and (iii) any unintended use or reliance by the Client or by a third party as described in Section 14 below, (a) If requested to do so, Nonnandeau will provide proof of insurance coverage procured from n responsible insurance company licensed to do business in flue State of New Hampshire, or the slate in which Ilia work will occur. (fv) any other range beyond Nonnandeau's reasonable control. 7. HAZARDOUS MATERIALS RISK (where applicable) (a) Tito Client recognizes that (here is an inherent risk fn drilling borings, excavating trenches, or Implementing other exploration methods In connection with a harnrdous materials project. For exmnplo, penetration of rat aquifer utay Inducts cross- cotaudnation. (b) The Client recognizes Ilia the stale of practice used by Normandeau In perfonning the Services is consistent with current accepted practice particularly with respect to hazardous materials. The Client recognizes that the standards applicable to the Services to be performed by Normandeau may change subsequent to the performance of Clio Services because of improvements in the state of practice. S. RECOMMENDATION RE: ADDITIONAL SERVICES Nonnandeau reserves the right to recommend to Ilia Client from time to lime whether, In Nonnandcau's professional Judgment and as the result of the discovery of any Intent site conditions or any other reason supporting said Judgment and unknown to Nomhandean at the time the Proposal was prepared, additional services should be performed beyond the Services set forth in the Proposal. If the Client decides flint said additional services should trot be performed, Ilion Nonnandeau, at its option, shell be entitled to discontinue performing any father Services for Une Client if Noricmullat believes that its prolesshmsl judpnent or repulation world be Impaired thereby. Upon any such discontinuance, the Client shall pay Normandea i for the Sery kes Perforated (a(list date. 9, CONFIDENTIAL INFORMATION; DISCLOSURE (a) The Client site][ retain and treat as confidential, and shall not disclose to any third party, any information or dnin finished to the Client by Nortandeau which reinto to Nommtdeaus technologies, fonnaloe, Qrocedmes, protases, in dmods, trade sees, ideas, improaretnenls, and/or inventions, whiolu are designated fn writing by Nonnandeau as confidential at the tittle of lmnsmissiat mid are obtained oracgaired by We Client in connection with flits Agreement. December 15, 2020 (b) Subject to (lie provisions of subsection (c) and (d) below, Normandeau shall retain and treat as confidential, and shall not disclose to any third party, tiny information or data garnished to Normandeau by the Client which relate to [he Clien's technologies, fan n tae, procedures, processes, methods, (rode secrets, ideas, improvements, and/or inventions, which are designated in writing by Ilia Client as confidential at ilia tine of transmission and are obtained or acquired by Normandeau ht connection with this Agreement. (e) Notwithstanding ilia provisions of subsection (b) above, the Client acknowledges mid agrees that Normandeau shall be entitled to disclose, mud/or pemtit to be inspected nod/or copied, Information about the Client and ilia Services performed by Normandeau under ([its Agreement whoa required to do so pursuant to governmental or court order or subpoena; provided, flint Nonnandcnu agrees to use its best efforts (o notify the Client as soon as reasonably possible offer Nomendeais receipt of city such order or subpoena. In [lie event flint any govenunental agency or cord requires Nommndi n t to disclose, and/or penult to be inspected and/ or copied, any infomhn[ion (fiat has been designated in writing by ilia Client as confidential purwanl to subsection (b) above, Nomiandcmn is hereby authorized by the Client to request that said governments] agency or court treat such Information as confidential and not for public disclosure. (d) Notwithstanding the provisions ofsubsection (b) above, if Nommndeau, In its professional judgment, believes (lint a condition exists which poses a sigmlftemn imminent danger (o human health or the environment, Nonnamdean shall be entitled to disclose the ammo to the proper authorities; provided flint,, unless lie condition requires immediate disclosure fn Nomnmideaa's judgment, Nomtandeau shall first notify lie Client of said condition and afford ilia Client an opportunity to voluntarily disclose said condition to the proper aulhotilies, (o) Any Infuriation or data provided to Normadmu or Ilia Client in accordance with (a) or (b) above that subsequently becomes available from other sources not as a result of disclosure by Nonresident or (Ito Client shall not be deemed a breach of this contract. 15, MISCELLANEOUS (a) SEVERABiLITY. If any teen, condition, or provision of [his Agreement or Ilse application thereof to tiny person or circumstance shall to any extent, be held invalid or unenforceable, then the remainder of [his Agreement, or the application of such term, condition, or provision to persons or chicrnuswses offer then (o (hose to wldch it is held Invalid or unenforceablo, shall not be affected thereby, wad each tent, condition, and provision of this Agwomeu shall be valid and enforced to the fullest extent pennilted by law. (b) BINDING EFFECT. This Agreement shall be binding upon and shall inure to the benefit of Ilia portion hereto and their respective heirs, personal and legal representatives, successors, mid assigns; provided, con( ncidicrof ilia parties hereto shall be entitled to assign any of said pon)'s rights under this Agreement without the prior written consent of the other party herein. (o) ENTIRE AGREEMENT. This Agreement sets forth Ilia entire agreement of Normandeau mid ilia Client with respect to the subject matter hereof. Normandeau and the Client expressly represent to and agree with each other flint there are no oral or written representations, warranties, covenants, promises, agreements, conditions, or understandings between them other than as set forth in this Agreement. (d) CONFLICTING PROVISIONS. In lire even( of any conflict between any of Ilia ferns, conditions, or provisions of this Agreenten I and any of [he terns, conditions, or provisions of Ito Proposal, Ibe terns, conditions, and provisions of this Agreement shall control unless otherwise specifically set forth in this Agreement. (e) MODIFICATION. This Agreement shall not be modified or amended except in a writing signed by both Normandeau and tire Client. (1) GOVERNING LAW. This Agreement has been nccepted and executed in accordance with, and shall be governed by and consined in accordance with, time lases of Ilia State of 10. NORMANDEAU'SPROPERTY Any samples, reports, drawings, plans or other documentation (or copies thereof) furnished hereunder to Nommndeau by (lie Client shall become and remain the properly of Non ante an, unless the Client specifically requests their ream in writing Upon completion of the Services by Nominations; provided that, fn any case, Nomtandeau shall be penoilted to retain for its records one (1) copy of any and all such information Rimfshed hereunder (allormandcou by the Client. IL NORMANDEAVSKNOW -HOW Unless olhenviso expressly agreed to in rwiling by Nomtandeau and Ile Client, nothing herein shall be interpreted as preventing Normandeau front further application and/or use of any know-how acquired from ilia perfomence of the Services (e)(cluding only confidential information covered by Section 9(b) nbove) or from applying and using any know-how Nomiandenu prceenlly possesses. 12. COOPERATION The Client agrees to cooperate Polly with Normandeau and its agents, representatives, and employees fn the perfonance of the Services and to take any and all such actions as reasonably be requested by Nommndeau fn connection therewith. 13. INDEPENDENT CONTRACTOR STATUS Normandeau and tie Client agree that Normandew is an independent contractor and nor n partner, employee, or agent of the Client for any purpose. Id. SCOPEOFOPMIONS Unless otherwise specifically set fault fn the Proposal, any information, documents, records, data, interpretations, or opinions given to the Client by Nomendenn fn lie course of Normandemes performance of the Services shall be for the Client's sole use and benefit and only in connection with the specific project for Which Nomtandeau was engaged by Ito Client, mid ilia some is not intended (o be used or relied upon by (Ire Client for any other purpose nor is It intended to benefit or be relied upon by any third party. My such unintended use or reliance by the Client or by a third party shalibo at [lie Client's or said third party's own risk. Further, any Interpretation or opinion given by Normandeau to ilia Client shall be limited to the specific laws and /or regulations addressed fn the Proposal as ilia sane mmy be further qualified by (le interpretation or opinion inques(ion. APPROVED BY: Nonumideau Associates, Inc. Authorized Signature Curtis L. Thalken, CEO 12/2112020 Name Title Date APPROVED BY: Cidiorized Sign Q1 flt-Q 44 - b1C None 'Title Date From: Kristopher Krzyston <KKrzyston @tandmassociates.com> Sent: Monday, October 12, 2020 1:19:00 PM To: dupontj @carteret.net <dupontj @carteret.net> Cc: Nicholas Rotonda <NRotonda @tandmassociates.com >; Ericka Naklicki < ENaklicki @tandmassociates.com >; Kenneth Smith <KSmith @tandmassociates.com> Subject: Carteret Ferry Terminal - Sampling Quotes: John As requested, we obtained two additional quotes for the sediment sampling. Please see the following summary of quotes received as well as our recommendation for selection: 1. Aqua Survey $34,500- 47,700 2 weeks to 6 weeks 2. Normandeau Associates $21,407 6 weeks from Authorization 3. Princeton Hydro $21,355 6 weeks from end of October Based on review of the quotes and schedules associated with each contractor, we are recommending Normandeau Associates to preform the sampling. Please advise of any questions. Regards, Kris KRISTOPHER KRZYSTON, CEM, CEI VICE PRESIDENT, REGIONAL PRACTICE LEADER o 41hs 11 Tindall Road, Middletown, NJ 07748 T 732.671.6400 D 732.865.9508 C 732.259.4945 I<KRZYSTON @TANDMASSOCIATES.COM I TANDMASSOCIATES.COM