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HomeMy Public PortalAboutr 11-233Poolutiou of toe jB 0r0q4 No. 11 _233 of Qlarteret, �, �4. Date of Adoption WceIb- 19, 2011 AUTHORIZING A PROFESSIONAL SERVICES CONTRACT FOR ARCHITECTURAL SERVICES WITH POTTER ARCHITECTS — FEASIBILITY STUDY FOR WASHINGTON AVENUE REDEVELOPMENT AREA WHEREAS, the Borough of Carteret is in need of specialized architectural services in connection with the feasibility study for Washington Avenue Redevelopment Area; and WHEREAS, Potter Architects, 410 Colonial Avenue, Union, New Jersey 07033, possesses the requisite experience and expertise to provide said services; and WHEREAS, Potter Architects has submitted a proposal to provide said services at a total cost not to exceed $17,300.00; and WHEREAS, the Mayor and Council have reviewed said proposal; and WHEREAS, the Chief Financial Officer certifies that funds are or will be available for said purpose. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Carteret, County of Middlesex, State of New Jersey, as follows: 1. The proposal of Potter Architects for specialized architectural services in connection with the feasibility study for Washington Avenue Redevelopment Area at a total cost not to exceed S 17,800.00 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. Adopted this 19' day of December, 2011 and certified as a true copy of the original on December 20, 2011. KATHLEEN \4. BARNEY, MN IC bfunicipal Clerk RECORD OF COUNCIL VOTE COUNCILMAN YES NO N \' e \.B. YES NO NV A.B. BELLINO X X DIAZ X MNAP�IES DI HI SCIO X X - I ndicate Vote AB - Absent NV - Not Voting %OR- Indicates Vote to Overrule Veto Adopted at a meeting of the Municipal Council - Deesrber 19, 211 C I M M MM Potter Architects Architecture and Planning L.L.C. Registered Architects Licensed Professional Planners — 1 'f) - {l � �_,i1t- %e II17 November 4, 2011 Mr. John DuPont, P.E. Borough Engineer Carteret Borough Engineering Dept. 61 Cooke Ave. Municipal Building Carteret, NJ 07008 Proposal No. P2011082 Feasibility Study for Washington Ave. Redevelopment - New Mixed Use Bldg. Washington Ave. and High Street Carteret, NJ Dear John: \[E:NRIEROF A.\IERlc\N lxsrrrBrE OnARCH TECrs NE \\'ARtC AND SUBURBAN CnAiTER NATIONALCOUNCMOF, ECn1TEC UR REG. DOARDs B.O.0 -r. MERNATION." REG. NJ. Nl. PA, CF Established 1932 It was a pleasure meeting with you to discuss the proposed Feasilbility Study for the Mired Used Building located at Washington Avenue and High Street, Carteret, NJ. Please find two copies of Proposal No. P2011082 enclosed for your review. Please refer to the enclosed "Project Program Description ", "Estimated Fee Schedule" and "Attachments" to obtain a breakdown of the scope of architectural services and associated fees. If this proposed agreement meets with your approval, please sign both copies and return one copy for our records. This signed proposal will serve as our contractual agreement. We look forward to providing the architectural services you require and will begin upon receipt of a signed proposal. If you have any questions please do not hesitate to contact me. Thank you. Sincerely, The as R. Potter for Potter Architects Signature _ Name rpm) Title rPdml _ Date (pint) Mr. John DuPont, P.E. Borough Engineer potter @potterarchitects.com (908) 686 -2547 Tax (908) 686 -8430 Potter Arc��it�,,t Architecture and Planning L.L.C. 410 Colonial Avenue - Union, NJ 07083 -7347 Registered Architects Licensed Professional Planners Projeot Program Description Established 1932 Feasibility Study for Washington Ave. Redevelopment - New Mixed Use Bldg. Washington Ave. and High Street Carteret, NJ Proposal No. P2011082 October 11, 2011 FEASIBILITY STUDY SCOPE OF WORK: It is our understanding that the Borough of Carteret wishes for our firm to perform a Feasibility Study for the construction of a new Mixed Use Building, located at the intersection of Washington Avenue and High Street in Carteret. The building is to be 5 stories. The majority of the site is currently owned by the Borough. There will be the need to obtain some additional land adjacent to the site from neighboring properties, which the Borough will negotiate The general focus of this Feasibility Study includes the following conceptual considerations: Create an inviting and functional architectural design concept for the location (up to 2 design studies) Create conceptual architectural plans. Create conceptual architectural elevations. Create conceptual parking garage plan. Evaluate the building envelope for Structural design concept in conjunction with architecture concept (consultation with a Structural PE is included). * Evaluate the building for Mechanical (HVAC) design concept in conjunction with architecture concept (consultation with a Mechanical PE is included). • ADA accessibility considerations included. • Assist in preparation of conceptual project budget, working with Borough Development Team. This includes Cooke Avenue Developers, acting as Borough Developer. * Assist in preparation of conceptual time line for project implementation., again working with Borough Development Team. The Borough intends to approve a schematic concept plan, budget and time line, and then award the design work for preliminary and construction documents at a later date. The Borough of Carteret will provide an approved Project Program, indicating square footage requirements and retail use /residential unit quantities /parking space allocations. Currently, this includes ground floor retail space, possible restaurant space, 100 residential units, and approximately 350 parking spaces. There is no set timeline for this project. There is no set budget for this project. The contact for this project will be Mr. John DuPont, P.E., Borough Engineer. NTEMBEROF AA ERICAN LNSTITUTE OF "CRITEC" YEt \'.tkR.Nrl SUBURB -AN CHAPTER NATIONALCOUNCH .OFARCHITECPURALREO. BOARDS B.O.CA [NTERNATIOX. . RE B. NJ, NT. PA,C potter(a�potterarchitects.com (908) 686 -2557 Fax (908) 686 -8430 P otter Architect Architecture and Planning LI 410 00lorlialAventie - Union 070 83-731 Registered Architects Licensed Professional Planners Established 1932 Estimated Fee Schedule Feasibility study for Washington Ave. Redevelopment - New Mixed Use Bldg. Washington Ave. and High Street Carteret, NJ Proposal No. P2011082 October 11, 2011 ;3 u.rc uest n asrvtce� nt of project and building program witwner; Create l plans; Create conceptual architecturevations; Cr ructural design concept; Evaluate Meical (HVAC) considerations; Assist in preparation onceptual pr ime line. A Professional Photo - Realistic Rendering is optional at an additional fee of $2800. Estimated Professional Services Total 109,00% $17,800M The compensation schedule establishes a maximum fixed fee for each phase of the project. Compensation for services shall not exceed the stipulated sum unless agreed upon in advance by both parties (see schedule for breakdown). SUPulated fees shall he valid for not more than 90 days from the date noted unless an agreement is reached. is JIENREROP AIIERIC.i,\ L\STRUIE OFARCRITECTs NEIVARKANDSMJRBANC TER NATIONALCOUNCIL OF ARMTECrO&U RP,G. 00ARDS D.O.CA MTERNAT[O.V L REG. A'J, NY, PA, CT POtter @Potterarchitects.COm (908) 686 -2547 Fax (908) 686 -8430 Potter Architects 1 Colonial r 07083-7347 Registered Architects MEMBER OF hNIE' RICAN MTTFUTE OFARCAn ecrS NE\t'ARICANDSURURBANC "ER NATIOYALCODCCMOFARCHITECURAL[ , G. BOARDS RO.0 1 MTMVATIONA REG. NJ, NY, PA, CT Licensed Professional Planners Established 1932 Hourly Compensation Rates Feasibility Study for Washington Ave. Redevelopment - New Mixed Use Bldg. Washington Ave. and High Street Carteret, NJ Proposal No. P2011082 October 11. 2011 Principal/Partner $185.00 /Hr. Project Manager/Associate $160.00 /Hr. Project Architect $135.00 /Hr. Staff Architect $125.00 /Hr. intern Architect $115.00 /Hr. Interior Designer $110.00 /Hr. Draftsperson (Level II) $105.00 /Hr. Draftsperson (Level I) $95.00 /Hr. Administrative /Clerical $75.00 /Hr. Non technical Staff $55.00 /Hr. Requests for services that require personnel to provide overtime will be established prior to performing the work. Hourly compensation rates for services that require personnel to work overtime shall be 1.5 times the compensation rates listed above. potter @potterarchitects.com (908) 686 -2547 Fax (908) 686 -8430 Feasibility Study for Washington Ave. Redevelopment - New Mixed Use Bldg. Washington Ave. and High Street Carteret, NJ Proposal No. P2011082 November OA, 2011 This proposal includes two (2) opportunities for Owner to review and approve conceptual drawings prior to issuance of final feasibility study drawings. This review process is normally sufficient. Any further schematic design work requested by Owner will be billed out at our hourly rates. When Potter Architects (PA) is ready to prepare your final feasibility study documents with your final changes, we will require your acceptance in writing. THE FOLLOWING SERVICES ARE NOT BEING PROVIDED IN THIS AGREEMENT and shall be considered Additional Services and compensated for as provided in applicable subparagraphs of this contract agreement, or provided by Owner. Model of proposed project design. Professionat (digital computer) rendering of proposed project design (available for additional $2800). Detailed construction cost estimate of proposed project design. Site / Civil engineering /surveying services and/or landscape design /consultations. Soil / Hydrogeological / Geotechnical engineering, tests, reports, etc. Mechanical, Electrical, Plumbing, Fire protection engineering or design services. Structural engineering or design services. Destructive or other structural testing of existing building components. Schematic concept floor plans design beyond basic services allowane of two (2) schemes. Changes to design that are requested by the Owner after completion of Design Development phase. Preliminary Architectural Plans. Architectural Construction Documents. Shop Drawing Review. On -site representation beyond basic services allowance of (5) site visits. Printing beyond allowance of (8) sets of feasibility study /plans. Photocopies beyond allowance of (500) copies. Travel expenses beyond allowance of (200) miles. Postage /delivery expenses beyond allowance of ($100). Review fees, permit fees, etc. Testing services; hazmat abatement. Legal review of documents and legal, accounting, and insurance counseling services. Bidding phase assistance: solicitation of bids, review and/or evaluation of bids received, negotiation of contract(s), etc. Construction management. Construction administration / Construction phase assistance. Preparation of as -built drawings (post - construction). Coordination of separate contractors. Leeds Certification / Accreditation. WE/P Building Modeling / Commissioning. GENERAL CONDITIONS OF SERVICES: SCOPE OF SERVICES - The services to be provided by Potter Architects L.L.C. (PA) have been set forth in the Proposal / Project Program Description and shall remain valid for a period of 90 days from the date of the Proposal, after which PA may elect to withdraw or renegotiate this Proposal. All services not specifically identified are excluded from PA's scope and will only be performed in accordance with a written amendment to the Proposal outlining the exact services and the associated fees. Once signed, the rates and fees quoted in this proposal will be valid for 180 days from the date of acceptance. Terms and fees are subject to modification beyond that time frame. COMPLETION OF SERVICES - The architectural services contained within this proposal shall be deemed "complete" upon the occurrence of the folim-nng milestone: Upon delivery of Final Report / Study documents. Please note that any extension of services beyond above milestone shall be deemed "Additional Services" and billed in accordance with Contract. EXECUTION OF CONTRACT - The individuals executing this Contract, if acting on behalf of partnership, corporation, funding agency or public entity represent that they have the authority to do so, and to bind the entity to this Agreement. ASSIGNMENT - This Contract is not assignable except v✓ith the prior written consent of Potter Architects, L.L.C., and no assignment shall relieve the signatory of any obligations under this Contract. FEE - The total fee, when stated as a lump sum, shall be based upon Scope of Services, and shall not be exceeded 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. BILLINGS / PAYMENTS - Please note that payment is due upon completion of each phase of the work. Final Construction Drawings will not be released until final payment is made. Failure to meet this payment schedule may result in termination of project. Fees for projects terminated by Owner are to be based on the hourly rate for all time expended to point of termination. Invoices will be submitted monthly for services and are due when rendered. Invoices shall be considered PAST DUE if not paid within 15 days after the invoice date and PA may without waiving any claim or right against the Client, and without liability whatsoever to the Client, terminate the performance of service. A monthly service charge of 1.5% of the unpaid Attachment Page A 1 balance will be added to PAST DUE accounts. In the event any portion or all of an account remains unpaid 15 days after billing, the client shall pay cost of collection, including reasonable attorney fees. PA reserves the right to stop work until invoices that are more than 15 days in arrears are paid in full. You agree that any delays, claims or losses associated with stopping of work under these circumstances will not be the responsibility of PA. Phasing of the project and/or breaking the drawings into two or more phases or separate projects, for any reason, requires additional resources and effort. Therefore, if at any point the client requests same, this will be considered a change in scope and additional fees will apply in accordance with this agreement. STANDARD OF CARE - Services performed by PA under this agreement will be conducted in a manner consistent with the level of care and skill ordinarily exercised by members or the profession currently practicing in the same locality under similar conditions. No other representation, expressed or implied, and no warranty or guarantee or fiduciary responsibility is included or intended in this agreement, or in any report, opinion, document or othervnse. Unless otherwise specified in this Proposal, the services performed by PA will not include an independent analysis of work conducted, or information provided, by independent laboratories or other independent contractors retained by PA. HIDDEN CONDITIONS - PA shall not be responsible for hidden conditions of the existing structure or site. Hidden conditions are conditions w are not readily visible to the human eye. hich ZONING INTERPRETATIONS - Please note that via will make every attempt possible to successfully interpret the zoning regulations in order to Property design your project within the guidelines of your township zoning ordinances. This may also include meeting with township officials to get interpretations of township zoning regulations pertaining to your specific project. If changes to the plans are required as a result of misinformation or inaccurate information conveyed to PA by township zoning officials during the preliminary phase of your project, and result in any revisions to the final construction documents after township submission, additional fees and charges may be incurred by Client. INFERRED CONDITIONS - Conditions may vary from those which are visibly observed at the locations of open structure or other such visible conditions. PA will base interpretations, recommendations and design upon conditions inferred from the conditions observed. Client recognizes that any future determination of conditions different than those which were encountered at the observable locations may significantly impact the interpretation, recommendations and design provided by PA. Any such variation of conditions should be brought to the prompt attention of PA to assess the impact of the variations on the previously provided interpretations, recommendations and design. PA will take no responsibility for any .interpretation or recommendation others may make. Fees for additional analysis or investigation shall be paid by the Client. Failure of Client to agree to and pay for additional analysis shall be deemed as substantial failure to perform in accordance with the terms of this Agreement. 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 inapplicable codes, standards or regulations will also be considered a Changed condition under this Agreement. RIGHT OF ENTRY - The Client shall provide for right of entry for all PA personnel and equipment necessary to perform the intended scope of services. The Architect shall have the right to furnish and display a temporary sign at the jobsite during the construction time period; the Architect may utilize project drawings /photographs for promotional use. UTILITIES - PA will take reasonable precautions to avoid damage or injury to any visible subsurface utilities or structures. PA shall not be held responsible for damage to arty 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. Owner is responsibel to order all mark -outs. If location of underground utilities is included under the Scope of Services, These locations will be based upon visible identification marks left by the respective utility companies or upon locations that canoe visually identified from the ground surface. Unless other contractual agreements are made, this Proposal does not include testing, opening or anteing manholes, inlets, trenches, or other utility access ways for the purpose of measuring, identifying, or location said utilities. CHANGED CONDITIONS - If PA discovers conditions or circumstances that it had not contemplated at the commencement of this Agreement ("Changed Conditions"), PA will notify client in writing of the Changed Conditions. Client and PA agree that they will then renegotiate in good faith the terms and conditions of this Agreement. If PA and Client cannot agree upon amended terms and conditions within 30 days after notice, PA may terminate this Agreement and be compensated as set forth in "Termination and Suspension ". CERTIFICATIONS - Client agrees NOT to require that PA execute any certification with regard to Services performed or Work tested and/or obserred under this Agreement unless: 1) PA believes that d has performed sufficient Services to provide a sufficient basis to issue the certification; 2) PA believes that the Services performed or Work tested and/or observed meets the criteria of the certification; and 3) PA has reviewed and approved in writing the exact form of such certification prior to execution of this Agreement and has included certifications) in the Scope of Services. Any certification by PA is limited to an expression of professional opinion based upon the Services performed by PA, and does not constitute a warranty or guaranty, either expressed or implied. ENERGY EFFICIENT DESIGN - The Architect will exercise reasonable efforts to design and specify products and/or systems that achieve energy performance expectations or LEED Certification expectations that are expressly called for in this Contract, if any. The Architect does not, however, provide assurances that those performance or certification expectations will be met. RISKALLOCATION - Client agrees that PA'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 PA's fee. INDEMNIFICATION - The Client shall indemnify and hold harmless PA and all of its personnel from and against any and all claims, damages, losses 11/4!2011 Attachment Page A2 Proposal No. P2011082 and expenses (including reasonable attorney fees) arising out of or resulting from the performance of PA, to the extent that any such claims, damage, loss or expense is caused in whole or in part by the negligent actor omission, and /or strict liability of the Client, anyone directly or indirectly employed by the Client (except PA, or anyone for whose acts any of them may be liable). NO SPECIAL OR CONSEQUENTIAL DAMAGES - Client and PA agree that PA shall not be liable to Client for any special, indirect or consequential damages whatsoever, whether caused by PA's negligence, errors, omissions, strict liability, breach of contract, breach of warranty or other cause or causes whatsoever. OWNERSHIP OF DOCUMENTS - Client may use the documents for the project or purposes contemplated by this Agreement. Client may not reuse, reprint or electronically distribUo the documents for any extension of the project or other project without PA's prior written consent. Any unauthorized reuse or extension of PA's work is at Client's sole risk and without liability to PA, and Client will indemnify, defend, and hold PA harmless from all claims or damages arising from any unauthorized reuse or extension of PA's work. TERMINATION AND SUSPENSION - This Agreement may be terminated or suspended 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) days written notice. If this Agreement is terminated, it is agreed that PA shall be paid the total charges for labor and material performed to the termination notice date, plus reimbursable charges. ALTERNATIVE DISPUTES RESOLUTION (ADR) - All claims, disputes, and other matters in controversy between PA and Client arising out of or in any way related to this Agreement will be submitted to mediation 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 1) Client assents to personal jurisdic0on in the state of PA's principal place of business; 2) The claim will be litigated and tried in judicial jurisdiction of the court of the county where PA's principal place of business is located and Client waives the right to remove the action to any other county or judicial jurisdiction; and 3) If PA prevails, PA will be entitled to recovery of all reasonable costs incurred, including staff time, court costs, attorneys fees, and other claim related expenses. SAFETY AND CONSTRUCTION SCHEDULE - PA is not responsible for the implementation, discharge, or monitoring of construction safety standards or practices. These items are explicitly excluded from our Scope. The Architect shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the work, since these are solely the Contractor's responsibility CONSTRUCTING the project. The Architect shall not be responsible for the Contractors schedules or failure to carry out the Work in accordance with the Contract Documents. This proposal is based upon the owner hiring a properly insured and NJ Licensed General Contractor to construct the entire project. The Architect shall not have control over or charge of acts or omissions of the General Contractor, Subcontractors, or their employees, or of any other person performing any portion of the work. SITE VISITS / OBSERVATION - In the event PA is retained to provide site visits /observation, PA as a representative of the Owner, shall visit.the site at intervals appropriate to the stage of construction (limited to the number of visits stated in the allowances), to become generally familiar with and to keep the Owner informed about the progress and quality of the Work completed, to endeavor to guard the Owner against defects and deficiencies in the Work, and to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. SAMPLES AND TESTING - in the event PA is retained to provide laboratory testing or analytic services, PA will preserve such test materials or other sample 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 samples, contaminated samples, cuttings, hazardous materials, and other hazardous substances. Client will take custody of all testing portals and/or probes installed during any testing or investigation by PA, and will take any and all necessary steps for the proper maintenance, repair or closure of such testing portals and/or probes at Client's expense. DISCOVERY OF UNANTICIPATED POLLUTANT RISKS - Hazardous materials or certain types of hazardous materials may exist at a site. The Architect and his consultants shall have no responsibility for the discovery, presence, handling, removal, or disposal of, or exposure of persons to hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products, PCB, fuel products and/or storage tanks, mold or other toxic substances Unless PA's Scope of Services specifically includes Environmental Services, PA will not be responsible for the idenfiBcafton, delineation, evaluation, treatment or removal of any hazardous substance. Should such substance be encountered and identified by others, PA 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. BIOLOGICAL POLLUTANTS - PA'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 that PA will have no liability for any claim regarding bodily injury or property damage alleged to arise from or be caused by the presence of or exposure to any biological pollutants in or around any structure. In addition, Client will defend, indemnify, and hold harmless PA from any third party claim for damages alleged to arise from or be caused by the presence of or exposure to any biological pollutants in or around any structure. The term "biological pol utants' includes, but is not limited to, molds, fungi, spores, bacteria, and viruses, and the byproducts of any such biological organisms. Unless PA's Scope of Services specifically includes Environmental Services, PA will not be responsible for the identification, delineation, evaluation, treatment or removal of any hazardous substance. ENTIRE AGREEMENT - This Proposal / Project Program Description / Fee Schedule / Hourly Rates / General Conditions constitute the entire Agreement between Client and PA. BUSINESS HOURS - Regular business hours of Potter Architects are Monday through Friday, 7:30a to 4:30p. 11/4/2011 Proposal No. P2011082 Attachment Page A 3 NOTICE OF CONTRACT AWARDED The Borough of Carteret has awarded a contract without competitive bidding as a professional service pursuant to N.J.S.A. 40A:11 -5 (1) (a). This contract and the resolution authorizing it are available for public inspection in the office of the Municipal Clerk. Awarded to: Potter Architects Services: Architectural Services, Re: Feasibility Study for Washington Avenue Redevelopment Area Resolution #11 -233 Cost: Total cost not to exceed $17,800.00 KATHLEEN M. BARNEY, MMC Municipal Clerk PUBLISH: Thursday, February 23, 2012 The Home News Tribune i r