HomeMy Public PortalAboutr 21-244Aewtuflon of f4Q 3"Og4 of cfarftufl N J,.
No. 21-244 December 9 2021
Date of Adootio� �
AUTHORIZING A PROFESSIONAL SERVICES CONTRACT WITH
EXCEL ENVIRONMENTAL RESOURCES, INC.
WHEREAS, the Borough of Carteret is in need of professional environmental services
related to a Geophysical Survey regarding Chrome Park; Block 7502, Lot 1, Block 7805,
Lot 1, Block 7806, Lot 1, Block 7807, Lot 1; 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 $3,490.00; and
WHEREAS, the Chief Financial Officer has certified that funds are or will be available
for said purpose. Account ht:
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 a Geophysical Survey
regarding Block 7502, Lot 1, Block 7805, Lot 1, Block 7806 Lot 1 and
Block 7807, Lot 1, Chrome Park at a cost not to exceed $3,490.00 at
the rate set forth in Excel Environmental Resources, Inc.'s existing
contract with the Borough is hereby approved.
2. Annexed hereto is a copy of said proposal.
3. This action is approved as an award of a professional services contract
pursuant to N.J.S.A. 40A:11- 5(1)(a) in accordance with the Borough's
Fair and Open Process as authorized by law.
4. A copy of this Resolution to be forwarded to the Borough's
Purchasing Department, the Borough's Director of Engineering and
Excel Environmental Resources, Inc.
Adopted this 9'h day of December, 2021
and certified as a true copy of the
original on December IG, 2021.
CARMELA POGORZELSKI, RMC
Municipal Clerk
RECORD OF COUNCIL VOTE
COUNCILMAN
YES
NO
NV
A.B.
COUNCILMAN
YES
NO
NV
A.B.
BELLINO
X
JOHAL
X
DIAZ
X
DIMASCIO
X
NAPLES
X
X- Indicate Vote AB- Absent NV -Not Voting XOR- Indicates Vote to Overrule Veto
Adopted at a meeting of the Municipal Council
December 9, 1 021
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AFFIDAVIT OF PUBLICATION
The following is a true copy of an Ordinance or Resolution of
the Borough of Carteret that has appeared in the Home News
Tribune, a newspaper which is printed in Freehold, New
Jersey and published in Neptune, in said County and State and
of general circulation in said county. One 1 time(s), once in
each issue as follows:
December 15, 2021
r
Car ela Pogorzelsk , C
Municipal Clerk
BOROUGH CONTRACT OF CONTRACT AWARD
The Borough Carteret has awarded a contract without coo)
tive bidding as a Professional 5ervice pursuant to N.I.$.A.40
,
Notary'Publie of New Jersey
Sp)(a). This contract and the resolution authorizingg It are avail
for publip inspection In the Office of the Monldpal Clerk. Thl.
tlou I, approved as an award of Professional Services Contract
suant to N.1.S.A 40A:11- 5(1)(a): In accordance with the Enron
DANA C. ARCHEVAL
Fair and Open Process as authorized by law.
NOTARY PUBLIC OF NEW JERSEY
Awarded to: Excel Environmental Resources, Inc.
My Commisslon Expires 1112/2022
Services: Professional Environmental Services related to
physical survey with regard to Chrome Park, S
Resolution: N21 -244
Sworn and subscribed before
'Cost: Not to exceed $3,490.00 billable In accordance:'
the existing contract.
0 /
�7 � day of ( (
me this becc
Municipal l Clerkelski, RMC
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($20
($20.64)
EL
[nvironmental
Resources, Inc,
Solving Environmentol Problems
& Creating Redevelopment Opporlunifies
WORKSCOPC AUTHORIZATION
John Dupont, PE, CME, PP
Director of Municipal Engineering
61 Cooke Avenue
Carteret, NJ 07008
CLIENT
21763, E
PROJECTNUMRER
Chronic Park
Block 7502, Lot I, Block 7805, Lot I
Block 7806, Lot 1, Block 7807, Lot I
Carteret, NJ 07008
SITE ADDRESS
November 30, 2021
DATE
Excel Environmental Resources, Inc. (Excel) is pleased to provide this Technical Proposal to conduct an Geophysical
Survey to confirm the presence /absence of suspected underground storage tanks (USTs) and other subsurface
anomalies identified during a previous survey conducted by Arcadis as part of proposed remediation/redevelopment
activities. Also includes a half -day of excavation oversight to investigate any suspected metal anomalies encountered.
Assumes backhoe will be provided by the Borough.
Work will be conducted on a time and materials basis and Excel will not exceed the cost estimate detailed herein
without prior discussion and receipt of prior authorization. The detailed Cost Estimate is provided in Attachment A.
The work outlined in this proposal will be conducted in accordance with Excel's Standard Terms and Conditions and
labor rates provided in Attachment B. This proposal is valid for a period of 60 days. As authorization to begin, please
send back a signed copy of the proposal.
SITE INVESTIGATION
TASK 1.0 Geophysical Survey $3,490.00
Approver/:
Acceplefi
Client
Excel Environmental Resources, Inc.
TOTAL: 1 $3,490.00
Dale
Dale
111 Nodh Censer Drive P North Brunswick, New Jeisey 00902 e PHONE: (732) 545 -9525 -FAX: (732) 545 -9425 - WEBSIiE: www,excelenv.com
Attachment A
Detailed Cost Estimate
PRELIMINARY ASSESSMENT
COST ESTIMATE
Chrome Park
Carteret, New Jersey
Site Investigation
TASK 1.0 Geophysical Survey
Task includes completion of a Geophysical survey to confirm the presence /absence of suspected underground
storage tanks (USTs) and other subsurface anomalies identified during a previous survey conducted by Arcadis as
part of proposed remediation/redevelopment activities. Also includes one half -day of excavation oversight to
investigate any suspected metal anomalies encountered. Assumes backhoe will be provided by the Borough. Also
includes preparation of a findings letter to discuss the results of the survey.
Labor:
Project Director
I hour@
$225.00 /hr
$225.00
Project Scientist/Geologist 11
13 hours @
$95.00 /hr
$1,235.00
Administrative Assistant
1 hour@
$75.00 Ru
$75.00
Labor Total
$1,535.00
Travel:
Outside Services:
$60.00
Survey Contmourr(BPI)
I day@
$1,895.00 /day
$1,895.00
Outside Services Total $1,895.00
TASK 1.0 TOTAL 53,490.00
PROJRCT TOTAL $3,490.00
X9Projear123763 -Chmn, POIkIP23992 Chrome PmAV,,bnm/nce a,,.0 sx r of/
Attachment B
Excel's Standard Terms and Conditions with Labor Rate Schedule
®EXCEL
Environmental
Resources, Inc.
EXCEL ENVIRONMENTAL RESOURCES, INC.
STANDARD TERMS AND CONDITIONS
Effective January 1, 2021
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 lire 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 tire 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
(I) 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 Slates at the
time the Services are rendered. The Services may involve the use of tests, calculations, analysis and procedures, which are in a stale 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 tine 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.
7. 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.
EADWA1DM1MGeneral Terns and Coriditions\GeneralCoaditiona Connnerclat 2021.doex Page I of
®EXCEL
® 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.
It. 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 obstmcttons 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 Slate/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 orproperly certified to perform Ore work for which ithas 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. h'ORCE 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.
KADararADMIMGenernl Terms and CondllionalGeneralCmndilioas Commercial 202l.docx Page 2 of
®EXCEL
Environmental
Resources, Inc,
17. LIMITATION OF LIABILITY — Except as provided in Section t I 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 lake 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 tine 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 1 to this Agreement, Labor rates are inclusive
of all applicable (axes, 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 arc 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 lime, 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.
21 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 die assumptions underlying Excel's proposal prove to be different from the facts actually encountered by
Excel during the performance of the Services.
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EXCEL
® Environmental
Resources, Inc.
RATESCHEDULE
(Effective January 1, 2021)
Sr. Principal
$325.00
/hour
Principal
$275.00
/hour
Sr. Technical Consultant
$250.00
/hour
Project Director
$225.00
/hour
Sr. Project Manager
$200.00
/hour
Sr. Project Geologist/ScientisUEngineer
$175.00
/hour
Sr. Remediation Site Manager
$150.00
/hour
Remediation Site Manager
$125.00
/hour
Sr. Geologist/Scientist/Engineer
$125.00
/hour
Project Manager III
$150.00
/hour
Project Manager 1I
$125.00
/hour
Project Manager
$115.00
/hour
Assistant Project Manager
$105.00
/hour
Project Geologist/Scientist/Engineer I1
$105.00
/hour
Project Geologist /Scientist/Engineer 1
$95.00
/hour
Field Supervisor
$95.00
/hour
Chief Financial Analyst
$95.00
/hour
Staff Geologist/Scientist/Engineer II
$85.00
/hour
CAD Operator
$85.00
/hour
Staff Geologist /Scientist/Engineer 1
$75.00
/hour
Administrative Assistant/Technician
$75.00
/hour
Materials, Equipment & Travel Expenses
I . Outside services subcontracted by Excel, including subcontracted drilling and analytical services, will be
billed at cost plu's 18% to cover environmental insurance and other sureliarges,
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 $0.58 /mile for 2019.
3, An additional 5% of Project Management tabor 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.
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