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Home My Public Portal Aboutr 23-190lboolution of t r Pvroug4 of &rtrrd, N� 4, No. #23-190 Date of Adoptio .Hit y 24-20-2 3 AUTHORIZING A PROFESSIONAL SERVICES CONTRACT WITH EXCEL ENVIRONMENTAL RESOURCES, INC. WHEREAS, the Borough of Carteret is in need of professional environmental services related to the DuPont Agrico property on Roosevelt Avenue; and WHEREAS, Excel Environmental Resources, Inc. possesses the requisite knowledge, training, experience and professional license to provide expert technical, regulatory, and strategic consulting to the Borough on the aspects of the subject properly as it relates to the Borough's interests in property acquisition; and has submitted a proposal to provide said services at a cost not to exceed a total amount of $121,490.00; and WHEREAS, the Chief Financial Officer has certified that funds are or will be available for said purpose. Account #: 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 the DuPont Agrico property on Roosevelt Avenue in the Borough in an amount not to exceed $121,490.00 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, Extension of Services 92 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 27°i day of July, 2023 and certified as a true copy of the original on July 28, 2023. CARMELA POGORZELSKI, Municipal Clerk RECORD OF COUNCIL VOTE COUNCILMAN YES NO NV A.B. COUNCILMAN YES NO NV A.B. BELLINO X JOHAL X DIAZ X KRUM X DIMASCIO NAPLES X X- Indicate Vole AB - Absent NV - Not Voting XOR- Indicates Vote to Overrule Veto Adopted at a meeting of the Municipal Council /11 July 27, 2023 f/ E ms; e1N Av.Ed,d� 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: August 4, 2023 Sworn and subscribed before me this LI&Aday of a mela Po orz Is_' RM Municipal Clerk cost:-= Not to exceed $121,491.0.00 aIn ccordance : with the existing': CorMala Pogorzeiskl, RMC Municipal Clerk (.$13b ) EXTENSION OF SERVICES NO, 2 Borough of Carteret DuPont Agrico Site 61 Cooke Avenue Roosevelt Avenue Carteret, NJ 07080 Carteret, New Jersey CLIENT SITEADDRESS 07763 EXCEL PROJECTNUMBER June20,2023 DATE Excel Environmental Resources, Inc. (Excel) has prepared this Extension of Services to cover the actual and estimated future level of effort for us to continue to work with the environmental consultant for DuPont/Cortiva, specifically Geosyntec, to develop and defensible regulatory and technical argument that the Remedial Investigation (RI) of soil for the Former DuPont Agrico site located within the Chrome Waterfront Redevelopment Area and Brown6elds Development Area (BDA) meets the minimum requirements of all applicable NJDEP rules and regulations and can be deemed complete by NJDEP which is a pre -requisite requirement of lire NJDEP approving the Soil Remedial Action Report (PAR) for the Site which, separately, must meet minimum NJDEP requirements for a RAR and must demonstrate that the Remedial Action completed at the Site is protective of human health, safety, and the environment and that the Phase 1 and 11 Remedial Action, including the previously conducted soil excvaation and stabilization, soil excavation and disposal and installation of a soil cap is protective of the Migration to Groundwater Pathway and that all NJDEP comments on the previously submitted Soil RAR and Soil Remedial Action Permit (RAP) application have been satisfactorily addressed. This also includes revision of interim drafts of the Soil RAR text, multiple rounds of revisions to Soil RAR figures showing RI soil analytical results, review of geologic and soil cap cross• sections, multiple emails, Virtual Meetings, phone calls, and NJDEP Technical Guidance document reviews in an effort to assist Gcosyntec in developing a technical and regulatory argument that Excel can support as protective and compliant. The work scope also includes review of the updated Deed Notices for both the Borough -owned parcel and the balance of the property for which lire Borough is under contract to purchase and review of the draft and final Soil Response Action Outcome (PAO) for the Site, all of which we are working with Geosyntec to accomplish in the shortest possible timeframe. Work will be conducted on a time and materials basis and we will not exceed the cost estimate summarized 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 Terms and Conditions and labor rates provided with Excel's contract with the Borough of Carteret. Task No. Task Description Total TASK 1.0 Preparation/Participation in Virtual Technical Consultation with NJDEP $3,320 TASK 2.0 Virtual Meetings/Conference Calls $21,050 TASK 3.0 Remedial Action Report (RAR) $50,410 TASK 4.0 Technical and Strategic Consultation $33,000 TASK 5.0 Response Action Outcome (RAO) Preparation and Issuance $3,830 TASK 6.0 Project Management $9,880 TOTAL: 12$1,490 Total Authorization Request $121,490 Approved: Client Date EXTENSION OF SERVICES NO.2 2023 ENVIRONMENTAL SERVICES DuPont Agrico Roosevelt Avenue Carteret, Middlesex County, New Jersey TASK 1.0 Preparation/Participation in Virtual Technical Consultation with NJDEP Includes the actual level of effort to prepare for, participate and issue notes for the Technical Consultation virtual meeting with New Jersey Department of Environmental Protection (NJDEP or Department) on January 5, 2023 to present the technical argument that NJDEP Incident No. 17.06-05-1432-27 was not a new discharge and no further action beyond preparation of a Preliminary Assessment (PA) and issuance of a Response Action Outcome (RAO) is warranted. Labor: Sr. Principal (L. Dodge) Staff Scientist I TASK 2.0 Virtual Meetings/Conference Calls 10 hours @ $275.00 /hour $2,750.00 6 hours @ $95.00 /hour $570.00 Labor Total $3,320.00 TASK 1.0 TOTAL $3 320.00 Includes a budgetary estimate for participation in conference calls and/or virtual meetings with the Borough, their legal counsel, CME (Borough Engineer) and/or representatives of DuPont/Geosymec (the consulting firth for DuPont) to discuss the technical/regulatory/strategic aspects of the project, review/discussion regarding the approach/scope of the RA Report, etc. Labor: Sr. Principal (L. Dodge) Project Director (E. Mertz) Project Manager 60 hours@ $275.00 /hour $16,500.00 18 hours @ $225.00 /hour $4,050.00 4 hours@ $125.00 /hour $500.00 Labor Total $21,050.00 TASK 2.0 TOTAL $21 050.00 K.•1ProJectsW7763-Dtgwnl AgricolCost EslintalestExtetufaa o%Services No. 2 6.15-23 Page I of EXTENSION OF SERVICES NO.2 2023 ENVIRONMENTAL SERVICES DuPont Agrico Roosevelt Avenue Carteret, Middlesex County, New Jersey TASK 3.0 Remedial Action Report (RAR) Task 3.1 Preparatory Work for Development of the RAR Technical/Regulatory/Strategic Approach Includes technical/regulatory/strategie consulting for development of the RAR, including transmission of a template Table of Contents for the RA Report to Geosyntec, participation in a Site Visit with representatives of Geosyntee and the current owner/developer, including their legal counsel and environmental engineer, review/comment on draft emails regarding a request for information from the current owner/developer, follow up regarding the technical/regulatory/strategic approach to the RA Report, etc. Labor: Sr. Principal (L. Dodge) 12 hours @ $275.00 /hour $3,300.00 Sr. Technical Consultant (R. Harwood) 6 hours @ $250.00 /hour $1,500.00 Project Director (E. Mertz) 8 hours @ $225.00 /hour $1,800.00 Project Manager 2 hours @ $125.00 /hour $250.00 Staff Geologist 1 4 hours @ $95.00 /hour $380.00 Staff Geologist 12 hours @ $95.00 /hour $1,140.00 Staff Scientist 1 2 hours @ $95.00 /hour $190.00 Administrative Assistant 4 hours @ $95.00 /hour $380.00 Labor Total $8,940.00 Task 3.1 Total $8,940.00 Task 3.2 Draft RA Report Review Includes review and comment on the Draft RA Report, including confirmation that the minimum NJDEP requirements for a RA Report have been satisfied and suggested edits to the text and/or tables/figures and appendices, if/as necessary and appropriate. Review includes compliance review by Excel senior staff and final review of the Draft document by the LSRP, L. Dodge. Labor: Sr. Principal (L. Dodge) 16 hours @ $275.00 /hour $4,400.00 Principal (G. Micalizio) 24 hours @ $250.00 /hour $6,000.00 Project Director (E. Mertz) 4 hours @ $225.00 /hour $900.00 Project Manager 4 hours @ $125.00 /hour $500.00 Staff Geologist 1 4 hours @ $95.00 /hour $380.00 Labor Total $12,180.00 KAProjecls101163-Dupont AgrkolCosl EsliruoleslExleuslou of Semices No. 2 6-15.23 Page 2 of 4 EXTENSION OF SERVICES NO.2 2023 ENVIRONMENTAL SERVICES DuPont Agrico Roosevelt Avenue Carteret, Middlesex County, New Jersey Task 3.3 Final RA Report Review, Case Inventory Document (CID) and RAR Form Preparation and Issuance to NJDEP Includes review and comment on the revised RA Report, including confirmation that suggested edits/revisions were made to the text and/or tables/figures and appendices, if/as necessary and appropriate. Review includes a compliance review by Excel junior staff and a final review by the LSRP, L. Dodge, followed by preparation of the CID and RA Perm and submission of same to client and client's legal counsel for review, finalization of the CID and RA Form and RA Report and submission of same to the NJDEP through the online LSRP portal. The level of effort assumes only minor revisions to the RA Report and/or CID or RA Form are warranted prior to finalization and submission to NJDEP. Labor: Sr. Principal (L. Dodge) 6 hours @ $275.00 /hour $1,650.00 Principal (G. Micalizio) 8 hours @ $250.00 /hour $2,000.00 Project Director (E. Mertz) 4 hours @ $225.00 /hour $900.00 Staff Geologist 1 8 hours @ $95.00 /hour $760.00 Labor Total $5,310.00 Task 3.3 Total $5,310.00 Task 3.4 Assist GeoSyntech in Report Revisions & Present Final Report to NJDEP Includes budgetary estimate to assist GeoSyntec in RAR text revisions and direction of GeoSyntec in the revision of Figures, Tables, and other supporting documentation. Present final report to NJDEP on conference call. Labor: Sr. Principal (L. Dodge) 32 hours @ $275.00 /hour $8,800.00 Principal (G. Micalizio) 48 hours @ $250.00 /hour $12,000.00 Project Director (E. Mertz) 4 hours @ $225.00 /hour $900.00 Staff Geologist I 24 hours @ $95.00 /hour $2,280.00 Labor Total $23,980.00 Task 3.4 Total $23,980.00 TASK 3.0 TOTAL $50 410.00 K. IProJeea107763-Dxpon1 AgricolCost F.sAnialeslFxtension of&"ices No. 2 6-15-23 Page 3 of 4 EXTENSION OF SERVICES NO.2 2023 ENVIRONMENTAL SERVICES DuPont Agrico Roosevelt Avenue Carteret, Middlesex County, New Jersey TASK 4.0 Technical and Strategic Consultation Includes technical, regulatory and strategic consulting during the course of the project not specifically included in any other work task, including addressing any additional work product requests and/or unforeseen work not known when this Extension of Services was prepared. Labor: Sr. Principal (L. Dodge) 120 hours @ $275.00 /hour $33,000.00 Labor Total $33,000.00 TASK 4.0 TOTAL $33 000.00 TASK 5.0 Response Action Outcome (RAO) Preparation and Issuance Review of the Draft soils only Response Action Outcome prepared by GeoSyntec on behalf of DuPont, provide comments and review revised final RAO. Labor: Sr. Principal (L. Dodge) 6 hours @ $275.00 /hour $1,650.00 Project Director(E. Mertz) 8 hours @ $225.00 /hour $1,800.00 Admin AsstJAccounting Clerk 4 hours @ $95.00 /hour $380.00 Labor Total $3,830.00 TASK 5.0 TOTAL $3 830.00 TASK 6.0 Project Management Includes management of electronic and hard copy project files, assignment of work tasks, coordination of conference calls and virtual meetings, schedule and budget management, issuance of monthly project invoices, and administrative support on an as needed basis. Cost estimate assumes an average of 0.5 hour/month for the LSRP, 1.5 hours/month for the PM, and 2 bows/month for administrative/accounting support over the estimated 12 month duration of the project, January through December 2023. Labor: Sr. Principal (L. Dodge) Project Director (E. Mertz) Admin Asst./Accounting Clerk 8 hours @ $275.00 /hour $2,200.00 24 hours@ $225.00 /hour $5,400.00 24 hours @ $95.00 !hour $2,280.00 Labor Total $9,880.00 TASK 6.0 TOTAL $9 880.00 PROJECT TOTAL $121 4 00.00 K.-Wrojects107763-Dupont AgricolCost EstimoleslExtensio)i of Services No. 2 6-15.23 Page 4 of 4