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HomeMy Public PortalAboutr 22-092�Kno ufion of fhe �Rorongh of Tarbrd, No. _ #22 -92 Date of Adoption March 24, 2022 AUTHORIZING A PROFESSIONAL SERVICES CONTRACT WITH EXCEL ENVIRONMENTAL RESOURCES, INC. WHEREAS, the Borough of Carteret is in need of professional environmental set-vices related to a Preliminary Assessment regarding Bank of America, Block 6504, Lot 11; 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 $4,990.00; and WHEREAS, the Chief Financial Officer has certified that funds are or will be available forsaidpurpose. Account #: 2 -01 -20 -165 -254 NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Carteret as follows: I. The proposal from Excel Environmental Resources, Inc. for professional environmental services related to a Preliminary Assessment. regarding Block 6504, Lot 11, Bank of America at a cost not to exceed $4,990.00 at the rate set forth in Excel Environmental Resources, Ine.'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 24th day of March, 2022 and certified as a true copy of the original on March 25, 2022. CARMELAPOGORZELSKI Municipal Clerk RECORD Or COUNCIL VOTE X X- Indicate Vote AR - Absent NV -Not voting XOR- Indicates Vote to Overrule Veto Adopted at a meeting of the Municipal Council March 24, 202 f rladYll. -f1 9 AT., 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: March 30, 2022 Notary Public of New Jersey DANA ARCHEVAL NOTARY PUBLIC OF NEW JERSEY My ComFtlission Expires Jan. 12,202-/ Sworn and subscribed before me this 6 day of R,2--c-4 �d ; , Caren ela Pogo) zelski, IkM0'-, Municipal Clerk :Professional *.- EnVlronmenta1 -5 y Assessment regarding Block 6504, r. #22-92 Jerk BOROUGH GH OF C< FRTERET MUNICIPAL CLERIC Data:, March 24.2022 To; Patrick DeBlasio Trenslo,0 Borough of Corterot REQUEST FOR CERTIFICATION OF AVAILABLE FUNDS 1 For: AUTHORIZING A PROFESSIONAL SERVICES CONTRACT WITH EXCEL ENVIRONMENTAL RESOURCES, INC. Resolulloo Ht H22 -92 Name of Aecouutt EXCEL ENVIRONMENTAL RESOURCES, IN4ECAR AMOUNT TO BE ENCUMBERED: $4,990 00 LA PO. O RZ Q �J Acthlg Muoleipal Clerk CERTIFICATION OF AVAILABILITY OF FUNDS I, Treasueor of 1110 Borough of C81.10Mt, do hereby cerliry that there are sufficient funds available ht (lie current bedget to ennbl0 the Muulcipal Colwell to aulporize the entering into a Cohtract between the Borough of Carteret nod; The ftntds.available for tills contract are in tho Budget, III the account 00 G .o o –1,—cl � g In the amount op --Y, 690 By this eet1ificnli0u, I have hereby woa11lbered the above named accoaat for the 8111011111 of the contract pen flog Council action, I 4� — at'i DeBlaslo Date: 3�1V�wai Methoriat Munictpai BuRdIng Tel: 732-5g.-3800 0 ® Gil Cooke Avenue Haxt 792 - 54X•0925 m wwwcttrter�klne4 Treasurer ® Corteret•, New Jersey 07008 rlekbffi ycgrorehnet L MW Environmental Resources, Inc, Solving Environmental Problems & Creating Redevelopment Opportunities WORKSCOPE AUTHORIZATION John Dupont, PE, CME, PP Bank of America Property Director of Municipal Engineering 25 Cooke Avenue 61 Cooke Avenue Block 6504, Lot I I Carteret, NJ 07008 Carteret, NJ 07008 CLIENT SITE ADDRESS P22027 PROPOSAL NUMBER September 29, 2021 DATE Excel Environmental Resources, Inc. (Excel) is pleased to provide this Technical Proposal to conduct a Preliminary Assessment (PA) of the above - referenced property as detailed in the attached Cost Estimate for your consideration. The work will include review of all available historic documents for the site, completion of a site inspection and preparation of the PA Report. The PA will be conducted to meet the minimum requirements for a PA as specified in N.J.A.C. 7:26E, the Technical Requirements for Site Remediation, in order to satisfy the minimum due diligence requirements of the innocent purchaser defense as defined by N.J.S.A. 58:10 -23.1 Ig. The objective of the PA is to identify potential environmental areas of concern (AOCs) associated with the current and /or post uses at the subject property. 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. PRELIMINARY ASSESSMENT TASK 1.0 Historic Document Review $1,775.00 TASK2.0 Sitelnspection $710.00 TASK 3.0 Data Interpretation, Report Preparation, and Technical Consulting $2,505.00 Approved: Accepted: Client Environmental Resources, Inc. TOTAL: $4,990.00 Date Date I I 1 North Center Drive o North Brunswick, New Jersey 08902 a PHONE: (732) 545 -9525 a FAX: (732) 545 -9425 e WEBSITE: www,excelenv.com �a� Attachment A Detailed Cost Estimate PRELIMINARY ASSESSMENT COST ESTIMATE 25 Cooke Avenue Block 6504, Lot 11 Carteret, New Jersey Preliminary Assessment _ TASK 1.0 Historic Document Review Includes acquisition and review of historic documents for the subject property located in Carteret, New Jersey. Specifically includes review of an environmental database report, SanborJm Maps, historic aerial photographs, historic topographic maps and a city directory abstract. Also includes a Title and Deed search for the properties and preparation/submittal of Open Public Record Act and Freedom of Information Act letters to all appropriate agencies and entities. Labor: Materials: Project Director Staff Scientist/Geologist tI EDR Database Search Title Report (one bloeMot) TASK 2.0 Site Inspection 2 hours @ $225.00 /hour $450.00 8 hours @ $85.00 /hour $680.00 Labor Total $1,130.00 $850.00 $395.00 3 hours @ $250.00 Materials Total $645.00 Task 1.0 Total $1,775.00 Includes a thorough site inspection of the subject property located in Carteret, New Jersey including all interior and exterior locutions and interviews with key personnel knowledgeable about current and past operations (if available). Labor: Travel: Project Director 3 hours @ $225.00 /hour $675.00 Labor Total $675.00 Field Vehicle and Travel - $35.00 Travel Total $35.00 Task 2.0 Total $710.00 TASK 3.0 Data Interpretation, Report Preparation, and Technical Consulting This task includes interpretation of the findings of the historic document review and preparation of a comprehensive Preliminary Assessment (PA) Report. Includes up to three hard copies and electronic PDF- fomnatted copies on CD of the final PA Report. If areas of concern requiring additional investigation are identified during the PA, Excel will provide a scope of work to investigate those areas, if necessary. Labor; Project Director Staff Scientist/Geologist II CADD Technician Administrative Assistant Materials /Tra nsmitta I 5 hours@ $225.00 /hour $1,125.00 10 hours @ $85.00 /hour $850.00 3 hours @ $85.00 /hour $255.00 3 (tours @ $75.00 /hour $225.00 Labor Total $2,455.00 $50.00 Task 3.0 Total $2,505.00 PROJECT TOTAL 54,990.00 K. ID WPropoxnlxN270271S Cooke AveW CE..hx I of l 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, 2022 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 terns. 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 contaminan(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 shalt 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. K:IDaraIADM/MGeneral Terns and ConditlorrslGeneralCordiriorrs Com nerc&I2022.docx Page / oj4 ®EXrCmental Resources, Inc, S. 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 tire right to make and retain copies and use all Work Products. Use of the work product shall be limited to tire 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. IL 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 otter 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, nets of nature, acts of government, labor disturbances, delays in transportation or inability to obtain material or equipment. KrlDalaNDM/NIGeneral Terns aid CaedlnonsIGeneralConditions Canmercia12022.doex Page 2 of 4 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 ajudicial 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 anomeys 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 noMO- exeeed 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; WaIaW DM1M0eneral Terins and COndilioaslGeneralCoridiliaus Commercial 2022.doce Page 3 of 4 =EXCEL Environmental Resources, Inc. RATESCHEDULE (Effective January 1, 2022) 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/Scientist/Engineer $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 II $125.00 /hour Project Manager $115.00 /hour Assistant Project Manager $105,00 /hour Project Geologist/Scientist/Engineer 11 $105.00 /hour Project Geologist/Scientist/Engineer I $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 I $75.00 /hour Administrative Assistant/Technician $75.00 /hour Materials, Equi ment & 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 $0.585 /mile for 2022. 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. e 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. KrlDalaWDMJMGeneral Terms and Cm,dlllonstGeneralCmiditlais Commercla12022.dacx Page 4 of 4