HomeMy Public PortalAboutr 06:122
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No. 06-¡2~~
Date of Adoption March, JØ. 2(X)6
PROFESSIONAL SERVICES CONTRACT FOR ENGINEERING SERVICES
WHEREAS, there exists a need for Professional Services to provide Engineering
Services with regard to Site Improvements to the Carteret Waterfront Park; and
\VHEREAS, pursuant to N.J.S.A. 40A;11-5 (1)(a) Professional Services are exempt
from the requirements of Competitive Bidding; and
\VHEREAS, Local Finance Officer has certified that funds are or will be available;
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council oflhe Borough
of Carteret does hereby approve the appointment of CME Associates at maximum cost
not to exceed $45,000.00.
BE IT FURTHER RESOLVED that the Mayor and Borough Clerk are hereby
authorized to execute said contract;
IT IS FURTHER RESOLVED that the contract is awarded without Competitive Bids in
accordance with N.J.S.A.40A:11-5(1)(a) due to the specialized and professional nature of
the services provided and the within Contract is awarded in accordance with a fair and
open process.
Adopted this 30th day of March, 2003
and certified as a true copy of the
original on March 31, 2006.
KA'lHI.EE1'I H. BARNEY, RfoK:, QIC
Municipal Clerk
RECORD OF COUNCIL VOTE
COUNClLIVIAN
YES NO NV A.B.
COUNCluvrAN
YES NO NV Á.ß.
B
DIAZ
KRUM
x
X
X
x· ¡ndicat~ VO¡~ AS - Absent NV - Not Voting XOR - Indica¡~s Vote to Overrule Veto
Adopted ~t ~ mee¡jng of the j\lunicip¡¡j CounciJ
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Proposal No.: 2006-045
February 28,2
Mayor Daniel Reiman
Borough of Carteret
Municipal Building
61 Cooke Avenue
Carteret, NJ 07008
JIJ.D
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Re: Professional Engineering, Land Surveying, and
Environmental Services Proposal for
Site Improvements to Waterfront Park
Borough of Carteret, Middlesex County, New Jersey
Our File: H-CA-00501-06
Dear Mayor Reiman:
JOHN H. ALLGAlR, P.E., P.P. (1983-2001)
DAVID J. SAMUEl. P.E.. P.P.
JOHN J. STEFANI, P.E.. L.S., P.P.
JAY B. CORNELL. P.E., P.P.
MICHAELJ. McClELLAND, P.E., P.P.
GREGORY R. VAlESI, P.E.. P.P.
TIMOTHY W. GillEN, P.E.. P.P.
BRUCE M. KOCH, P,E., P.P.
ERNEST J. PETERS, JR., P.E.. P.P.
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We are pleased to provide you with our proposal to provide the Cornucopia with
permanent water, sewer and electric services at the Waterfront Pier. Our previous
proposal from October 2005 included concept phase services to evaluate the utilities at
the site, which we have forwarded direction to your attention in our memorandums dated
January 27, January 30, and February 14,2006 (attached.)
We understand that the Borough is ready to pursue these services, and as such we offer
the following for your review and authorization:
Phase I - Design Phase Services
A. Sewer
The design of the sewer extension will be based on the concepts prepared in
accordance with our previous authorization. From our discussions with Mustafa Kilic,
the Cornucopia Princess has an onboard wastewater pump that can convey the
wastewater from the vessel at the pier, to approximately west of the parking lot. This
pump is not sized to convey flow directly to the Middlesex Ave sewer main, therefore a
pump station is necessary. We have conceptually located the pump station in the small
island across from the storm water basin adjacent to the access road, in accordance with
our memo dated February 14, 2006. This pump station will include a stub connection to
the south, to allow the future Port Authority building to connect in the future, and the
pump station will be designed to accommodate the marina wastewater flows. You
should be advised that the pump station and the forcemain connecting to Middlesex Ave.
will need to be located in utility easements as the property is not currently owned by the
Borough. Therefore, we anticipate the following tasks under this phase
PROP\CA 501 cornacopia 2-28-06
CONSU.TlNGMlD M.NCPALENGNEERS
1460 AOUTE 9 SOUTH, HOWEll., NEW JERSEY 07731- (732) 462-740(} _ FAX: (732) 409-0756
@
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Mayor Daniel Reiman
Re: Professional Engineering, Land Surveying, and
Environmental Services Proposal for
Site Improvements to Waterfront Park
February 28, 2006
Proposal No: 2006-045
H-CAc00501-06
Page 2
· Preparation of an easement description and sketch for the sanitary forcemain
and pump station on the adjacent property. We anticipate the Borough Attorney
will coordinate the easement acquisition once the sketches and description have
been completed.
· Further evaluation and recommendations of the existing wastewater pump on-
board the Cornucopia to determine peak flow rates and connection requirements.
· Design and construction details of the lateral connection from the Cornucopia to
the proposed pump station, including quick-connects at the existing pier
· Design and construction details of the sanitary pump station and valve chamber
· Design and construction details of the forcemain, including profile and utility
conflicts, and design of the connection at the gravity sewer line in Middlesex Ave.
· Design and construction details for the electrical service, including pump station
control panel, level design, and signal coordination
Estimated Fee for Phase I-A Services ...................................,...................$16, 100.00
B. Water
The design of the watermain extension will be based on the concepts prepared in
accordance with our previous authorization. Specifically, the watermain will be extended
from Middlesex Ave. down to the waterfront pier. Similar to the sanitary forcemain, a
utility easement would be required from the adjacent property owner. Therefore, we
anticipate the scope of services as follows:
· Evaluation of the existing watermain in Middlesex Ave, and review of the existing
flow rates and pressures.
· Preparation of an easement description and sketch for the watermain extension.
We anticipate the Borough Attorney will coordinate the easement acquisition
once the sketches and description have been completed.
· Design of the lateral connection from the Cornucopia to the proposed watermain
, latentl, including quick-connects at the existing pier
PROP\CA 501 cornacopia 2-28-06
@
-
Mayor Daniel Reiman
Re: Professional Engineering, Land Surveying, and
Environmental Services Proposal for
Site Improvements to Waterfront Park
February 28, 2006
Proposal No: 2006-045
H-CA-00501-06
Page 3
. Design of the proposed watermain, including profile and utility conflicts, and
design of the connection at the watermain in Middlesex Ave.
Estimated Fee for Phase loB Services ...............""..........."...........,............ $8,500.00
Phase II - Permitting Phase Services
Ä. Sewer
Based on our experience in Middlesex County, we anticipate the following permits would
be required for the sewer extension:
1. Treatment Works Approval
Filing of plans and a Treatment Works Application with the NJDEP for the
sanitary sewer extension.
2. Middlesex County Utilities Authority
Filing of plans and applications for connection to the MCUA.
3. Waterfront Development
Filing of plans and applications with the NJDEP for a sanitary pump station within
500 feet of the mean high water line.
Estimated Fee for Phase II-A Services ....................................................... $9,200.00
PROP\CA 501 cornacopia 2-28-06
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Mayor Daniel Reiman
Re: Professional Engineering, Land Surveying, and
Environmental Services Proposal for
Site Improvements to Waterfront Park
February 28, 2006
Proposal No: 2006-045
H-CA-00501-06
Page 4
8, Water
Based on our experience in Middlesex County, we anticipate the following permits would
be required for the watermain extension:
1. NJDEP Water Allocation Permit
Filing of plans with the NJDEP Bureau of safe drinking water for a watermain
extension permit
2. Middlesex Water Company
We have had some initial correspondence with Middlesex Water Company with
regard to the extension of this watermain. We shall prepare plans and the
application to the Middlesex Water Company.
Estimated Fee for Phase fI-B Services ,....,................................................. $6,200.00
C, Conrail
As you may be aware, both the watermain and sewer main utilities need to cross a
Conrail easement adjacent to Middlesex Ave. Based on our experience, Conrail has a
detailed application process and requires coordination in order to secure the permit:
Estimated Fee for Phase fI-C Services ....................................................... $5,400.00
SUMMARY
Total Phase I Services (Design) .................................................................$24,600.00
Total Phase fI Services (Permitting) ..........................................................$20,800.00
TOTAL ESTfMA TED FEE FOR SERVICES......................................$45 400 ÕO
PROP\CA 501 cornacopia 2-28-06
@
-
Mayor Daniel Reiman
Re: Professional Engineering, Land Surveying, and
Environmental Services Proposal for
Site Improvements to Waterfront Park
February 28, 2006
Proposal No: 2006-045
H-CA-00501-06
Page 5
Exceptions
- Any engineering, land surveying or environmental services beyond the scope outlined
above will be considered extra. Said fees will be based on the hourly rate or a fixed
fee mutually agreed upon in writing.
- The watermain design is based on acceptable minimum pressures in Middlesex Ave.
If the pressures do not meet minimum criteria and a booster pump station is required,
we shall provide the borough a revised scope of services.
- The fees on the hourly rate schedule are subject to change by January 1 of every
year.
- CME Associates will not be responsible for and will not have control or charge of
construction materials, methods, techniques, sequences or procedures, or for safety
precautions and programs in connection with the work, and will not be responsible for
the Contractor's failure to carry out the work in accordance with the contract
documents. CME Associates also will not be responsible for or have control or
charge over the acts or omissions of the Contractor, Subcontractors, or any of their
agents or employees, or any other persons performing any of the work.
- Invoices will be progress billed on a monthly basis in accordance with the percentage
of work completed.
- All documents including drawings and specifications prepared by CME pursuant to
this Agreement are instruments of services and any reuse by others on extensions of
the project will require a written consent by CME.
Should you accept our fee estimate, kindly provide a purchase order or professional
services resolution authorizing same.
PRüPICA 501 cornacopia 2-28-06
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Mayor Daniel Reiman
Re: Professional Engineering, Land Surveying, and
Environmental Services Proposal for
Site Improvements to Waterfront Park
February 28, 2006
Proposal No: 2006-045
H-CA-0050 1-06
Page 6
We would like to thank you for allowing us to present this proposal and look forward to
continue working with you in providing the professional services you require.
Very truly yours,
GRV/KCK/ka
cc: John DuPont, PE
Robert Bergen, Esq.
PROP\CA 501 cornacopia 2-28-06
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BOROUGH OF CARTERET
CONSULTING ENGINEERING SERVICES
GENERAL CONDITIONS AND HOURLY RATE SCHEDULE TO JANUARY I. 2007
Partner ............. ......................... ......................................... ..................... ..... ...................... .......... $154.00 Per Hour
Principal ............... ......................................................................... .......... .......................... .......... $ I 43.00 Per Hour
Project Manager .......................................................................................................................... $]41.00 Per Hour
Professional Engineer................................. ................ ......... ...... ......................... ......................... $ I 38.00 Per Hour
Senior Project Engineer............................................................................................................... $128.00 Per Hour
Project Engineer .......................................................................................................................... $1 18.00 Per Hour
Senior Design Engineer ..·..·..··....··....·....··....·.·......·.........00. ................ ...h.....h..........h.................. $ I 02.00 Per Hour
Design Engineer ··..··....·............·..........··...........·..·.............................00...............h....h................. $ 97.00 Per Hour
Senior Engineering Technician ..................h......................h.....................h................................ $ 90.00 Per Hour
Engineering Technician.....·.................................h.....................h...h.....h.....................h............ $ 84.00 Per Hour
Chief Draftsperson ...................................................................................................................... $ 82.00 Per Hour
Senior Draftsperson..............................................................................................................h..... $ 77.00 Per Hour
junior Draftsperson .................h....·..·..··....··..·..·..............h................h..........h.........h........h....... $ 67.00 Per Hour
Professional Land Surveyor ....n···....··..·..·,··....···..·..··_...............h......................................h........ $1 13.00 Per Hour
Land Surveyor ............................................................................................................................. $102.00 Per Hour
Land Surveyor wIRobotic Total Station ..·.........·..·..···.......................h................h...h..h...h...h... $149.00 Per Hour
Senion Party ChiefwlRobotic Total Station ...... ·00............ ........................... ........_............. .... $102.00 Per Hour
Party Chief................................................................................................................................... $ 82.00 Per Hour
Survey Technician. ........... .... ...h.h..h.........h....... ....... ...00...... ...... ..h....... ......... .....h..... .... 00......, _.. $ 82.00 Per Hour
Junior Party ChieL..................................................................................................................... $ 77.00 Per Hour
Field Crew Member..................................h......................h..h...h......h...h...hm........................... $ 72.00 Per Hour
Junior Survey Technician .....h...h···..··...............h..................................................00....00.............. $ 48.00 Per Hour
Chief Construction Engineer ··....··..···..·..·.....·....·.....·.·...............................h...................h........... $1 13.00 Per Hour
Senior Construction Engineer 00..·.......··.....···....·....·...................00................................................ $ 97.00 Per Hour
Construction Engineer...h...............................h...........................h..........................h.........h....... $ 92.00 Per Hour
Chief Construction Technician.........h....h....h..........................h..........h..................................... $ 82.00 Per Hour
Senior Construction Technician .................................................................................................. $ 76.00 Per Hour
Junior Construction Technician..·.....··.....·.........··.....·....................................h.........h................. $ 71.00 Per Hour
Administrative Assistant ...... ...... ·..·....h...... .................... ..00............... ...... ...... ....... .h. .... ........ ....... -$ 72.00 Per Hour
Senior Clerical..... ...... .... ....... ....................... ..h............... 'n. .....h.. ..h.. ........h.... ..... .............. h....... $ 67.00 Per Hour
Management Infonnation Systems Technician ......... n........h·.............h........................h........... $ 91.00 Per Hour
Senior CAD Technician ......h....n...h........................... .................... ...h......................... $ 82.00 Per Hour
Computer Technician ·....·..·....·..·..··..··...................00.................................................................... $ 77.00 Per Hour
Computer...................................................................... ........................... ..... $ 77.00 Per Hour
CAD System................................................................ ............... ................ ..... $ 77.00 Per Hour
Licensed Landscape ArchiteCL........n.............. ...,........... . $1] 3.00 Per Hour
Senior Landscape Architect................... ,................. .............. ......... $] 02.00 Per Hour
Certified Tree Expert................................... ..... $ 87.00 Per Hour
Junior Landscape Architect...h.................... ........ $ 82.00 Per Hour
Professional Planner... .......................... ... $1 J 3.00 Per Hour
Planning Technician ·......·..........·..............m......... ............... ............ $ 87.00 Per Hour
Environmental services will be billed in accordance with CME"s Environmental Rate Schedule
Invoices - CME Associates (CME) wW submit invoices to Client monthly and a final invoice upon completion of services Payment is due upon presentation of invoice and is
~ thirty days from invoice dale. Client agrees to pay a finance charge of one and one-half percent per month, or the maximum rate allowed by law, on past due
accounts_ In the event tha1 the invoice is not paid voluntarily and promplfy, and must therefore be referred to an attorney or agency for collection, the Client agrees to pay a
collection fee equal to the actual attorney or agency colledion fee incurred by CME_ Overtime rates are applicable after eight hours Monday through Friday, and aU day
Saturday and Sunday. and charged at one and one-half times the Quoted rate. HOlidays are charged at two times the Quoted rate_ Expenses incurred for reproduction, postage
handling, photographs and for services including subconsuttants equiprnern and facilities not furnished by CME are charged to the Chent at cost plus ten percent. Automobile
travel may be charged at $0..41 per mile.
Sta"'arn of Ca",. S'~lœ' p"'oem,' by CME ""'" Ihl, A''''m'''' will b, "'","ct" '" a maoo., co",I".", wOh Ihal 'm' of "'''' ao' ,kll' oo"'"'"'y "',d," by m'mb,,, rfu
of fh, prof,,,,," "'''''''''y p,actlo", ""''' "mlla, "'"'ltlo", NO OTHER WARRANTY. EXPRESSED OR 'MPLlED. 'S MADE ~
CARTERET06.doc
Contaminated Material· " is unders100d that CME is not, and has no responsibility as a handler, generator, operator, treater or storer, transporter or disposer of hazardous or
toxic substances foUod or identified at any site. Client shall undertake or arrange for, either directly or indirectly through other contractors, the handling, removal, treatment,
storage, transportation and disposal or hazardous substances or constituents found or identified at arJ'f site,
Utilffies _ In the execution of the wor\(, CME will take all reasonable precautions to avoid damage or injury to subterranean structures or ~ililies. The Client agrees 10 hold CME
harmless for any damages to subterranean structures which are not called to CME's attention and/or not correctly shown on the plans furnished.
Rlaht of EntrvIWorksIte _ Client will provide for right of entry for CME persomel and equipment necessary to complete the work. While CME will take aU reasonable
precautions to minimIZe any damage to the property it is -undefstood by Client that in the normal course of work some damage may occur, the correction of which is not part of
this agreement.
Client shall hmish 0( cause to be furnished to CME all documents and information known to Client that relate to the identity, location, quantity, nature or characteristics of any
hazardous or toxic substances at, on or under the site. In addition, Client will furnish or cause to be f\.ml$hed sud1 oCher information on surlaoe and subsurface site conditions
required by CME for" proper performance of its services, CME shall be entitled to rely on Client provided documents and information in perfom1ing the services required under
this Agreement; however, CME assumes no responsibility or liability for !heir accuracy or completeness.
CME will not direct, supervise or control the work of contradors or their subcOottactors. CME services will not include a review or evaluation of the contractors (Of
subcontrador's) safety measures_
CME shall be responsible only for its activities and that of its employees on any sile. Neither the professional activities nor the presence of CME or its employees or
suboontrac:Iors on a site shall imIHY that CME controls the operations of others, nOf shall this be construed to be SIl acceptance by CME of any responsibility for jobsite safety.
IndemnifICation _ To the tufl extent permitted by law, Client shall indemnify, defend and hold harmfess CME and its subcontractors, consultants, agents, oIficers, directors and
employees (herein collectively refeoed to as Engineer) from and against all daims. damages, losses and expeoses, whether direct, indirect or consequential, including but not
limited to fees and charges of attorneys and cowt and arbitration costs, arising oul of or resulting from the services of wort: or Engineer or any daims against Engineer arising
from the acts, omissions of wof1( of others, unless it is proven in a court of competent jurisdiction thai the Engioeer is guilty of negligence or willful misconduct in connection with
the services and such negligenœ or willful misconduct was the sole cause of the damages, daims and liabilities.
Client agrees to indemnify and hold harmless Engineer from and against all daims, damages, losses and expenses, direct or indjred., and consequential damages, including
but not limited to fees and charges of attorneys and court and arbitration costs, brought by any person or entity, or daims against Engineer which arise oul of, are related 10, or
are based upon, the actual or threatened dispersal, disdlarge, escape, release or saturation or smoke, vapors, soot, fumes, acids, alkalis, toxic chemical, radioactive mateña!s.
liquids, gases or any ather material, upon, in or into the surface or subsurface soil; water or watercourse; objects: or any tangible or intangible matter.
To the fullest extent permitted by law, such indemnification shall apply regardless of the fault, negligence, breach of warranty or contract Of" strictliabiHty of Engineer. This
indemnification shall not apply to daims, damages, losses or expenses which are determined by a court of competent jurisdiction to be the sole result of negligence or willful
misconduct by the Engineer of obligations under this Agreement
limitations of Liability _ CME's total liability to Client for any and all injuries, claims, losses, expenses or damages whatsoever arising out of, or m any way related to, this
Agreement from any cause or causes, induding but not limited to CME's negligence. errors, omissions, strict liability, breach of contract or breach of warranty, shan not exceed
the total contract amount for the services provided by CME or $50,000, whichever is less.
In no event shan CME be liable for consequential damages, including, without limitation, loss or use or }ass of profits, inCl.JlTed by Client or their subsidiaries or successors.
regan:lless of whether such claim is based upon alleged breach of contract. willful misconduct. or negligent act Of omission.
Professional services rendered for a Client shall be provided for that Client The Client is responsible for the proper operation and use of the subject facilities and/or report and
nothing herein shall provide any rights to any third party. The Client, in authorizing CME to proceed, acknowledges that the professionaf responsibility is limited
Termination - This Agreement may be terminated by either party upon fourteen (14) days written notice in the event of substantial failw-e by the other party to perform in
accordance with the tenns hereof_ Such termination shall not be effective if that substantial failure has been remedied before expiration of the period specified in the written
notice. In the event of termination, CME shall be paid for seIVices perfonned to the termination notice date plus reasonable termination expenses.
In the event of termination, or suspension for more than three (3) months, prior to completion of aU work. contemplated by this Agreement, CME may complete such analyses
and records as are necessary to complete its files and may also complete a report on the services performed to the date of notice of termination or suspension. The expenses
of termination or suspension shall include aU direct costs of CME in completing suctl analyses, records and reports_
Assians - The Client may not delegate, assign, sublet or transfer his duties or interests in this Agreement without the written consent of CME.
This agreement shall not create any rights or benefrts to parties other than the Client and CME, except such other rights as may be specifically called for herein.
CARTERET06.doc
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