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HomeMy Public PortalAboutr 06:122 ~{££wrltíintt nf H¡e ~ntDLtBr¡ üf CO:urterd) ~. 31_ 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 , , -w - Proposal No.: 2006-045 February 28,2 Mayor Daniel Reiman Borough of Carteret Municipal Building 61 Cooke Avenue Carteret, NJ 07008 JIJ.D - 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. ~ 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 @ - 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 @ - 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 @ - 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 @ fJ . - 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'~lÅ“' 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 negligenÅ“ 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 . , "