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