HomeMy Public PortalAboutr 23-138yttooluflau of the Puxru�h a# gartmef, N. 51
No. #23-138
Date of
AUTHORIZING A PROFESSIONAL ENGINEERING
SERVICES CONTRACT WITH FRENCH & PARRELLO ASSOCIATES,
RE: 2023 GENERAL ENGINEERING & GENERAL UTILITY ENGINEERING
WHEREAS, the Borough of Carteret is in need of specialized engineering services in
connection with the 2023 General Engineering & General Utility Engineering; and
WHEREAS, French & Parrello Associates, 1800 Route 34 , Suite 101, Wall Township,
New Jersey 07719, possesses the requisite experience and expertise to provide said
services; and
WHEREAS, French & Parrello Associates has submitted a proposal to provide said
services at a total cost not to exceed $40,000.QO; and
WHEREAS, the Mayor and the Council have reviewed said proposal; and
WHEREAS, the Chief Financial Officer has certified that finds tire or will be available
for said purpose. Acct. #
NOW, THEREFORE, BE IT RESOLVED by the Mayor and the Council of the
Borough of Carteret, County of Middlesex, State of New Jersey, as follows:
1. The proposal from French & Parrello Associates for engineering services
related to the 2023 General Consulting Engineering & General Utility
Engineering at a cost not to exceed $40,000.00 is hereby approved.
2. 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.
3. A copy of this Resolution be forwarded to the Borough's Purchasing
Department, the Borough Director of Engineering and French & Parrello
Associates.
Adopted this 25" day of May, 2023
and certified as a true copy of the
original on May 26, 2023.
CARM-,LA POGORZELSKI, RMC
Municipal Clerk
RECORD OF COUNCIL VOTE
COUNCILMAN
YES
NO
-NV
A.B.
- COUNCILMAN
YES
NO
NV
I A.B.
BELLINO
X
JOHAL
X
DIAZ
y
KROM
DIMASCIO
MAPLES
X
X-Indicate Vote AB -Absent NV -Not Voting XOR -Indicates Vote to Overrule Veto
Adopted at a meeting of the Municipal Council
,., P1a77y 25. 2023
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:
June 5, 2023
Notary ublic of New Jersey
1QJENNIFER K.OTERO
Nolar y Public • State of New Je sey
Commission N 50.19.8953
M Comm.sl fires Mar.-8 2027
Sworn and subscribed Pefore
me this 01- day of
Jviunicipai uier►c
BOROUGH OFCART€RET
NOTICE OF CONTRACT AWARD
of Carteret bas awarded a contract without :con
as a Professional Service Pursuant to NJ.S.A.:9f
Awarded to: French & Farrell. Associates
scr lces: Professional Engineering Services with regard to
2023 General Consulting Engineering &General
Utility Engineering.
Resolution: N23113B
Cost .Not to exceed $40,000.00 billable In accordance with the
`existing contract.
Carmela Poyyorzelski, RMC
Muni lipal Clerk
(419.501
BOROUGH OF-CARTLRET DangeffL
MUNICIPAL. GLERK
Date:. May 25, 2023
To: Patrick Deftato
Treasurer
Borough of Catoret
tUBt,1,UEST FOR CBRTIFICATION OF AkA1LABLB FUNDS
For: AUTHORIZING A PROItMIONAL ENGINEERING SERVICES CONTRACT WITH FRENCH &
PARRELLO, ASSOCIATES, A3 ; 2023 GENERAL ENGINELRING & GENERAL UTILITY
ENGINEERING
Resolution #t #23-138
Name of Account: FRENCH & PARR13LLO ASSOCIATES
AMOUNT TO BE ENCUMBERED: Amount not to exceed $40,000.00 (k �
CARMELA POGO BLS C
Municipal Clerk
CERTIFICATION OF AVAILABILITY OF FUNDS
I, Treasurer of the Borough of Carteret, do hereby, certify that More are sufficient funds available ht the current
budget to enable the Municipal Council to authorize tbo entering into a Contract between the Borough of Carteret
and;
The finds nvatlnble for this contract are in the Budget, in the necount of
Inthoamountor '-,OIpOU
By this certification, I have hereby encumbered the above named account for the nmount of the contrast pending
Council action,
Patrick DoBlaslo
'Treasurer
MemorlalMunle1PalBtlilding ® 61C0o1ceAYenue 0 Carteret, Now Jersey 07008
Tel: 732-541-3800 0 Pax: 732-541-8925 * &LefLieeGPCarteret net
Wwwcarteretnet
FPA4_w-
FRENCH & PAI RIELLO
ASSOCIATES
May 12, 2023
Mr. John P. DuPont, PE, PP, CME
Director of Engineering
Borough Of Carteret
Memorial Municipal Building
61 Cooke Avenue
Carteret, New Jersey 07008
RE: Proposal for Professional Engineering Services for
2023 General Consulting Engineering & General Utility Engineering
FPA No, 1614.003
Dear Mr. DuPont:
1800 Route 34, Suite 101
Wall Township, New Jersey 07719
T: 732,312.9800
F: 732.312.9801
fpaenglneers.com
The Borough of Carteret (Borough) is committed to maintaining the health, safety, wellbeing and improving the
quality of life for its residents, business owners and visitors. The Borough's dedication to owning, operating and
maintaining its municipal Infrastructure in a diligent and fiscally responsible manner is apparent. However, in these
challenging times it has become more difficult to do more with less. As such, the Borough has asked French & Parrello
Associates to submit our proposal to establish a 2023 General Consulting Engineering and General Utility Engineering
budgets so we can efficiently and effectively respond to Borough requests for assistance with various tasks and project
assignments.
French & Parrello Associates (FPA) has established a reputation of technical excellence and responsiveness. Our long-
lasting client relationships are built on the dedication of our professionals and supported by our technical expertise,
wide range of services and commitment to client satisfaction. FPA is a leader in engineering design, regulatory
permitting, bid phase services and services during construction. We are dedicated to bringing exceptional service and
value to each project through focus, timely response and innovative solutions.
FPA looks forward to having the opportunity to provide professional engineering consultation services to the Borough
of Carteret (Borough) as one of their primary consulting engineers in 2023. We propose to assign Mr. Eric C. Betz, PE,
BCEE, CME, Vice President & Director of Water & Wastewater, as the main point of contact and primary consulting
engineer for the Borough.
Mr. Betz will continue to provide effective and responsive consulting engineering services to the Borough from our
office located in nearby Wall Township, New Jersey, Mr. Betz can continue to draw upon the variety of talented
professionals of various engineering disciplines employed by FPA to provide professional engineering and technical
assistance to the Borough.
As In past years, we can provide services In a variety of areas of expertise and we are available to assist the Borough
with general tasks, which can be categorized under General Consulting Engineering and General Utility Engineering
on an as -needed basis, In a timely and effective manner. Some of the tasks that may be Included under the general
budgets are as follows:
ENGINLI]RING AND CONSULTING SINCE 1974
FP/
General Consulting Engineering — Coordination and attendance at meetings with local, County and State agencies;
general engineering matters pertaining to roads, sidewalks, planning, parks and recreation, and Infrastructure not
related to sanitary or storm sewer systems (which are included under General Utility Engineering). Attendance at
meetings upon request; preparation of Engineer's status reports upon request; provide general consultation to
Borough personnel, departments and residents, regarding regulatory compliance, funding, general engineering
matters, climate change adaptation, resilience and sustainable design, etc. Consultation related to geotechnical and
structural engineering matters, transportation systems, waterfront, buildings services Including mechanical, electrical
and plumbing, licensed surveying services, Geographic Information System (GIS), and consultation and assistance
related to environmental matters.
General Utility Engineering (Sanitary, Storm & Water) — Coordination and consultation with the Borough, Township
of Woodbridge, Middlesex County Utilities Authority (MCUA), NJ Department of Environmental Protection (NJDEP),
and the Borough's licensed sewer system operator, with regards to operation, maintenance and regulatory
compliance of the Borough's sanitary sewer system Inclusive of the gravity collection system, pump stations and force
mains; storm sewer system inclusive of collection system, pump stations and outfalls; and coordination and support
related to the Borough's water distribution system owned and operated by Middlesex Water Company.
General Engineering Budgets
FPA respectfully requests that the Borough consider approval of budgets in the amount of $20,000 for General
Consulting Engineering and $20,000 for General Utility Engineering. These budgets will not be exceeded without prior
approval from the Borough and all services rendered underthe General budgets will be billed In accordance with FPA's
2023 hourly rate schedule, which was approved as part of FPA's pre -qualification to provide Professional Engineering
Services to the Borough in 2023.
Upon review and consideration by the Borough, should the Borough find our proposal acceptable, please approve by
executing the bottom of this proposal and returning an executed original and sending us purchase orders for the two
budgets.
On behalf of French & Parrello Associates, I thank you for the opportunity to provide General Consulting Engineering
and General Utility Engineering services to the Borough of Carteret.
Respectfully Submitted,
FRENCH & PARRELLO ASSOCIATES
�N
Eric C. Betz, PE, BCEE, CME
Vice President & Senior Project Consultant
Director of Water & Wastewater
Cru..I�rYz(�fpaeilJ;inrev's.corn
Cc: Andrew L. French, PE, Director of Land Development / EVP & COO
2023 General Consulting Engineering & General Utility Engineering May 12, 2023
FPA No. 1614.003 Page 2 Client's Initials_
FP/
The terms and conditions attached to this proposal are part of this agreement. Please initial all pages and return
of signed contract to our office.
ACCEPTED BY:
NAME (Printed):
BOROUGH OFCARTERET
SIGNATURE:
DATE:
2023 General Consulting Engineering & General Utility Engineering May 12, 2023
FPA No. 1614.003 Page 3 Client's Initials
FP/�
Client: Borough of Carteret
Project Number: 1614.003
GENERAL CONDITIONS OF SERVICES
2023 General Consulting Engineering &
Project Name: General Utility Engineering
Date: May 12, 2023
A. SCOPE OF SERVICES
The services to be provided by French & Parrello Associates, PA (FPA) have been set forth In the Proposal/Scope of services and shall remainvalid fora period of 90 days
from the date of the Proposal, after which FPA may elect to withdraw or renegotiate this Proposal, All services not specifically Identified are excluded from FPA's scope
and will only be performed In accordance with a written amendment to the agreement outlining the exact services and the associated fees.
0. FEE
The total fee, except stated lump sum shall be understood to bean estimate, based upon Scope ofServices, and shall not be exceeded by more than ten percent, without
written approval of the Client. Where the fee arrangement is to be on an hourly basis, the rates shall be those that prevail at the time services are rendered.
C. BILLINGS/PAYMENTS
Invoices will be submitted monthly for services and are due when rendered. Invoice shall be considered PAST DUE If not paid within 30 days after the invoice date and
FPA may without waiving any claim or right against the Client, and without liability whatsoever to the Client, terminate the performance of service. Retainers shall be
credited on the final Invoice. A monthly service charge of 1.590 of the unpaid balance will be added to PAST DUE accounts. In the event any portion or all of an account
remains unpaid 7S days after billing, the Client shall pay cost of collection, Including reasonable attorney fees. FPA reserves the right to stop work until invoices that are
more titan 75 days In arrears are paid In full. You agree that any delays, claims or losses associated with slopping of work under these circumstances will not be the
responsibility of FPA.
D. STANDARD OF CARE
Services performed by FPA under lhisagreementwill be conducted Ina mannerconslstentwith the levelofcare andskill ordlnarilyexercised by membersof the profession
currently practicing In the same locality under simllarconditions. No other representation, expressed or Implied, and no warranty, guarantee, or fiduciary responsibility
Is Included or Intended In this agreement, or In any report, opinion, document or otherwise. Unless otherwise specified In this proposal, the services performed by FPA
will not Include an Independent analysis of work conducted, or Information provided, by Independent laboratories or other Independent contractors retained by FPA.
E. HIDDEN CONDITIONS
When advised by FPA, Investigation of structural conditions concealed by existing finishes shall be authorized and paid for by the client. Where investigation Is NOT
authorized, FPA shall not be responsible for the condition of the existing structure (except where verification can be made by simple visual observation).
F.
The Client understands that actual subsurface conditions may vary from those which are encountered at the locations of borings, test pits or other such subsurface
explorations. FPA will base interpretations and recommendations upon conditions Inferred from the conditions encountered. Client recognizes that any future
determination of conditions different than those which were encountered at the sampling locations may significantly Impact the Interpretation and recommendations
provided by FPA. Any such variation of conditions should be brought to the prompt attention of FPA to assess the Impact of the variations on the previously provided
Interpretation and recommendation. FPAwIII take no responsibilityforany Interpretation or recommendation others may make based upon subsurface data provided
by FPA.
G. STANDARDS AND CODES
If the work under the contract Is to be performed In accordance with, or where the deliverables and Instruments of service resulting from our work will be reviewed
against codes, standards and regulations, the edition or revision of said codes, standards and regulations In effect as of the date of this agreement will apply. Any revisions
to documents or other additional work caused by the application of a more recent code, standard or regulation shall be considered a Changed Condition under this
agreement. In addition, any revisions or additional work required by regulatory agencies which are not explicitly outlined In applicable codes, standards or regulations
will also be considered a changed condition under this agreement.
H. RIGHT OF ENTRY
The client shall provide for rightof entry forall FPA personnel and equipment necessary to perform the Intended scope of services. The client understands that while FPA
will take reasonable precaution to minimize any damage to the property, some damage may occur in the normal course of work, the correction of which Is not part of
this agreement,
I. UTILITIES
FPA will take reasonable precautions to avoid damage or Injury to any visible subsurface utilities or structures. FPA shall not be held responsible for damage to any
underground utility or structure which has not been properly marked out by the respective owner of said utility or structure prior to the commencement of our work. If
location of underground utilities is Included under the Scope of Services, those locations will he based upon visible Identification marks felt by the respective utility
companies or upon locations that can be visually Identified from the ground surface. Unless other contractual agreements are made, this proposal does not include
openingur entering manholes, Inlets, trenches, orother utility access ways for the purpose of measurin& Identifying, or locating said utilities.
2023 General Consulting Engineering & General Utility Engineering May 12, 2023
FPA No.1614.003 Page 4 Client's Initials_
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J. CHANGED CONDITIONS
If FPA discovers conditions or circumstances that it had not contemplated at the commencement of this Agreement ("Changed Conditions'), FPA will notily Client in
writing of the Changed Conditions. Client and FPA agree that they will then renegotiate in good faith the terms and conditions of this Agreement. If FPA and Client cannot
agree upon amended terms andconditionswithIn30 days after notice, FPA may terminate this Agreement and be compensated asset forth In Section CL Termination."
K. DISCOVERY OF UNANTICIPATED POLLUTANT RISKS
Hazardous materials or certain types of hazardous materials may exist at a site where there is no reason to believe they could or should he present. Unless FPA's Scope
of Services specifically Includes Environmental Services, FPA will not be responsible for the Identification, delineation, evaluation, treatment or removal of any hazardous
substance. Should such substance be encountered FPA will take action to protect the health and welfare of their personnel, and will notify the client for direction, The
conditions of this section are superseded to the extent that the Scope of Services specifically Includes the Identification, delineation, evaluation and treatment of hazardous
materials,
L. CERTIFICATIONS
Client agrees not to require that FPA execute any certificatlon with regard to Services performed or Work tested and/or observed under this Agreement unless:1) FPA
believes that It has performed su0lcient Services to provide a sufficient basis to Issue the certification; 2) FPA believes that the Services performed or Work tested and/or
observed meet the cd erla of the certification; and 3) FPA has reviewed and approved In writing the exact form of such certification prior to execution of this Agreement.
Any certification by FPA is limited to an expression of professional opinion based upon the Services performed by FPA, and does not constitute a warranty or guaranty,
either expressed or implied.
M. RISK ALLOCATION
Client agrees that, to the fullest extent permitted by law, FPA's total liability to the Client, for any and all Injuries, claims, losses, expenses, damages or claim expenses
arising out of this Agreement, from any cause or causes, shall not exceed the total amount of $50,000 or the amount of FPA's fee (whichever is greater).
N. INDEMNIFICATION
The Client shall Indemnify and hold harmless FPA and all of Its personnel from and against any and all claims, damages, losses and expenses (Including reasonable attorney
fees) arising out of or resulting from the performance of FPA, to the extent that any such claims, damage, loss or expense Is caused In whole or in part by the negligent
act or emission, and/or strict liability of the Client, anyone directly or Indirectly employed by the Client (except FPA, or anyone for whose acts any of them may be liable).
O. NO SPECIAL OR CONSEQUENTIAL DAMAGES
Client and FPA agree that to the fullest extent permitted by law FPA shall not be liable to Client for any special, Indirect or consequential damages whatsoever, whether
mused by FPA's negligence, errors, omissions, strict liability, breach of contract, breach of warranty or other cause or causes whatsoever.
P. OWNERSHIP OF DOCUMENTS
Client may use the documents for the project or purposes contemplated by this agreement. Client may not reuse tire documents, noranyof FPA's concepts or approaches
In the Proposal to client, for any extension of the project or other project without FPA'sprior written consent. Any unauthorized reuse or extension ofFPA'swork Isat
Cliente sole risk and without liability to FPA, and Client will Indemnify, defend, and hold FPA harmless from all claims or damages arising from any unauthorized reuse or
extension of FPA's work. All documents related to a project will be destroyed In accordance with FPA Document Retention Guidelines In effect at that time.
Q. TERMINATION
This Agreement may be terminated for convenience by either party by thirty (30) days written notice or In the event of substantial failure to perform in accordance with
the terms of the Agreement by the other party through no fault of the terminating party by ten (10) dayswritlen notice. If this Agreement is terminated, it Is agreed that
FPA shall be paid the total charges for labor performed to the termination notice date, plus reimbursable charges.
R. DISPUTES RESOLUTION
All claims, disputes, and other matters In controversy between FPA and Client arising out of or In any way related to this Agreement, except for those related to
Bllling/Paymenis, will be submitted to "alternative dispute resolution" (ADR) such as mediation and/or arbitration, before and as a condition precedent to other remedies
provided by law. If a dispute at law arises related to the services provided under this Agreement and that dispute requires litigation Instead of ADR as provided above,
then: (a) Client assents to personaljurisdiction In the state of FPA's principal place of business; (b) The claim will be brought and tried Injudiclaljurisdlcllon of the court of
the county where FPA's principal place of business is located and Client walves the right to remove the action to any other county or judicial jurisdiction; and(c)The
prevailing party will be entitled to recoveryof all reasonable costs Incurred, Including staff time, court costs, attorneys' fees, and otherclalm related expenses.
S. SAFETY
FPA Is not responsible for the Implementation, discharge, or monitoring of any construction safety standardsor practices, Includingdemolition. These Items are explicitly
excluded from our scope,
T. SAMPLES AND WELLS
If FPA provides laboratory testing or analytic Services, FPAwill preserve such sell, rock, water, orother samples as It deems necessary for the Project, but no longer than
45 days after Issuance of any Documents that Include the data obtained from these samples. Client will promptly pay and be responsible for the removal and lawful
disposal of all contaminated samples,cuttings, Hazardous Materials, and other hazardous substances, Client will take custody of all monitoring wells and probes Installed
during any Investigation by FPA, and will take any and all necessary steps for the proper maintenance, repair or closure of such wells or probes at Client's expense.
U. BIOLOGICAL POLLUTANTS
2023 General Consulting Engineering & General lltlllty Engineering May 12, 2023
FPA No. 1614.003 Page 5 Client's Initials_
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FPA`s scope of work does not Include the Investigation or detection of the presence of any Biological Pollutants In or around any structure. Client agrees thatFPAwlll
have no liability for any claim regarding bodily Injury or property damage alleged to arlse from or becaused bythe presence of or exposure to any Biological Pollutants In
or around any structure. In addition, Client will defend, Indemnify, and hold harmless FPA from any third party claim for damages alleged to arse from or be caused by
the presence of or exposure to any Biological Pollutants In or around any structure, except for damages arising from or caused by FPA's sole negligence. The term
"Biological Pollutants" Includes, but is not limited to, molds, fungi, spores, bacteria, and viruses, and the byproducts of any such biological organisms.
V. ENTIRE AGREEMENT
The Proposal/Scope of Services and these General Conditions constitute the entire agreement between Client and FPA. If a Purchase Order (PO) or similar document Is
used in conjunction with thisAgreement, It shall be for the sole purpose of denting quantities and fees to be provided hereunder, and to this extent only are Incorporated
as a part of this Agreement. Any preprInted terms and conditions Included In such PO or similar documents shall not be Incorporated and such PO or similar documents
shall not be otherwise construed to modify, amend, or alter the terms of this Agreement.
2023 General Consulting Engineering & General Utility Engineering May 12, 2023
FPA No, 1614.003 Page 6 Client's Initials