HomeMy Public PortalAboutr 12-014P.50111f lln of toe 'P- 3roug4 of Tarteret, C N. �,
No. 12-14 Date of Adoption Jmwiy 19 2M
AUTHORIZING A PROFESSIONAL SERVICES CONTRACT FOR
ARCHITECTURAL SERVICES WITH POTTER ARCHITECTS —
FEASIBILITY STUDY FOR A NEW NJ STATE POLICE MARINE BARRACKS
WHEREAS, the Borough of Carteret is in need of specialized architectural services in
connection with the feasibility study for a new NJ State Police Marine Barracks; 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 $9,000.00; 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:
I. The proposal of Potter Architects for specialized architectural services
in connection with the feasibility study for a new NJ State Police
Marine Barracks at a total cost not to exceed $9,000.00 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 January, 2012
and certified as a true copy of the
original on January 20, 2012.
KATHLEEN M. BAILAIEY, MYi IC
Municipal Clerk
RECORD OF COUNCIL VOTE
COUNCILMAN
YES
NO
NV
A.B.
COUNCILMAN
YES
NO
NV
A.B.
BEURD
X
DIAZ
ERMCI0
X
STIAW.
X
Y - Indicate Vote An - Absent NV - Not Voting
XOR- Indicates Vole to Overrule Veto
Adopted m a meeting of the Municipal Council
T
I
Jamu 1 9 1 �12
ERK
igi
OFFICE OF
KATHLEEN M. BARNEY, RAIC /CAIC
MUNICIPAL CLERK
TEL (732) 541 -3800
FAX (732) 541 -8925
61 COOKE AVENUE
CART ERET, NEW JERSEY 07008
Date: January 19 2012
TO: Patrick J. DeBbasio, Treasurer
Borough of Carteret
REQUEST FOR CERTIFICATION. OF A VAILABLE FUNDS:
For: Potter ArcI tects, Re: Archi.tec Services, Re: Feasibility Sw y for a my NJ State Police
Name OfAccoun
/ol
AIv 0UNT TO BE ENCUMBERED: Not to excoo3 $5000.00.
KATHLEEN M. B y
Municipal Clerk
CERTIFICATION OF AVAILABMITY OF FUNDS
I, Treasurer of the Borough of Carteret, do hereby certify that there are sufficient finds available in the current
budget to enable the Municipal Council to authorize the entering into a contract between the Borough of Carteret
and:
The funds available for this contract are in the Budget, in the account of
in the amount of
vv ->
By this certification, I have her encumbered the above named account r the amount of the contract.
PAT K J. DeBLASIO, Treasurer
Date:
K2a
MIOOLESEX COUNTY
W e(u 3eraev
BORMHOFCARTFAET
NOTICE OF CONTRACTAWARDED
The Borough of Cartemt has awarded o
C"nA within W,npetdioe bidding as a
Z- fesda5'al service pwsuar to NJ.S.A.
40A11 -5 (1) (a). This c d.a and the re4-
olu5m aulhofiev @ are available for pudic
it p.tie' in the ofFC. of the Mrni cipA
Clerk.
Av ,&d to Potter Architects
Se"ices: Arciiit -cNrai Sa,fo a, Re:
Feasb3ity Stud, for o New
State Police M.6,, Bartaeks
Ros.Uion A'12 -14
Cost: — Ta l coR - UTTo cry
— $9000.00
KATHLEEN M. BARNEY, AMC
61unl6pa1 Clerk
($11.34) 486791
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:
February 23, 2012
Notary Public of New Jersey
LINDA A. RIVERA
NOTARY PUBLIC OF NEV JERSEY
MY COMMISSION EXPIRES MAY 2
c i�<
Kathleen M. Barney, llWC
Municipal Clerk
Sworn and subscribed before
me this day of '
Potter architects
Architecture and Planning L.L.C.
410 Colonial Avenue • Union, NJ 07083 -7347
Registered Architects
Licensed Professional Planners
November 4, 2011
Mr. John DuPont, P.E.
Borough Engineer
Carteret Borough Engineering Dept.
61 Cooke Ave.
Municipal Building
Carteret, NJ 07008
Proposal No. P2011088
Feasibility Study for New NJ State Police Marine Barracks
Middlesex Avenue
Carteret, NJ
Dear John:
MEMBEROF
ASIERIC�N LNSTITU'rE OFARCHITECTs
NEWARK .6ND SUDLaUtAN CILMER
NATIONAL COUNCIL OF MCIIIPKC1MkL REG. BOARDS
B.O.0 ] INTERNATIONAL
BEG. NJ, NY, PA, CT
Established 1932
It was a pleasure meeting with you to discuss the proposed Feasilbility Study for the new NJ State Police Marine
Barracks, located at Middlesex Avenue, Carteret, NJ.
Please find two copies of Proposal No. P2011088 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,
T a o er for Potter Architects
potter e potterarchitects.emn (908)
Potter Architects
Architecture and Planning L.L.C.
410 Colonial Avenue • Union, NJ 07083 -7347
Registered Architects
MEMnER of
AMERICAN INSfn GTE OFARCIR fECIS
NTIVAIU ,. XD SUDURR.1N CffiVTER
NATIONAL COUNCIL OFARCIRTECIMUL REG. BOARDS
R.O.C.A. n\ ERN'ATION. ;L
REG. N3, 61'. PA. CT
Licensed Professional Planners
Established 1932
Project Program Description
Feasibility Study for New NJ State Police Marine Barracks
Middlesex Avenue
Carteret, NJ
Proposal No. P2011088
November 04, 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 NJ State Police Marine Barracks, located at the Middlesex Avenue in Carteret. The building
is to be 1 story. The site is currently owned by the Borough. The site is adjacent to the new proposed marina.
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.
• 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.
* Attend meetings with a NJ State Police representative.
The Borough intends to approve a schematic concept plan, budget and time line, and then award the design work
for pretiminary and construction documents at a later date.
The Borough of Carteret will provide an approved Project Program, indicating square footage requirements.
Currently, this includes 3000 -5000 SF and approximately 20 parking spaces.
CME will be providing all survey, geotechnical, and civil design work. We will assist CME in preparation of their
civil design work, by providing architectural site sketches.
There is no set timeline for this project. NJ State Police have stated they need to vacate their Port Newark location
no later than September, 2012.
There is no set budget for this project. NJ State Police have stated an overall budget of $1,440,000 but breakdown
is uncertain at this time.
The contact for this project will be Mr. John DuPont, P.E., Borough Engineer.
potter rr potterarcliitects.com (908) 686 -2547 Fax (908) 686 -8430
V\\\\\\\\\ \ \\\ \ \\ • , r r i
Registered Architects
Licensed Professional Planners
Estimated Fee Schedule
Feasibility Study for New NJ State Police Marine Barracks
Middlesex Avenue
Carteret, NJ
Proposal No. P2011088
November 04, 2011
Established 1932
Predesign /Schematic Design Services 100.00% $9,000.00
Development of project and building program with Owner; Create design concepts; Create conceptual
architectural plans; Create conceptual architectural elevations; Evaluate Structural design concept;
Evaluate Mechanical (HVAC) design concept; Evaluate ADA accessibility considerations; Assist in
preparation of conceptual project budget; Assist in preparation of conceptual time line.
A Professional Photo - Realistic Rendering is optional at an additional fee of $1800.
Estimated Professional Services Total
\IF\IRER OF
A \IERICAX L\ STIIGn; OF ARCH ITECTS
SRWARR.t \D SURU&DA\ CTIAPTER
ATIOC ALCOUXCILOFARCIIITECIL'RALIIEO. BOARDS
R.O.C.Y. IXTER.SAI VONAL
REG. HJ, ❑T, P.1, CT
100.00% $9,000.00
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).
Stipulated fees shall be valid for not more than 90 days from the date noted unless an agreement is reached.
potter rr potte (908) 686 -2547 Fax (908) 686 -8430
Potter Architects
Architecture and Planning L.L.C.
410 Colonial Avennc • Union, NT 07083 -7347
AWMBEROP
AMERICAT INS MTE Or ARCflnE s
NEWARK AND SMRB.IN CILIPICR
N. \iiGS. \L COUTCII.OF dRCIin'ECIL' RCG. DOMIDS
D.O.C-I IWT NATIOSAL
REG. A"J, 1\l', PA,C
Registered Architects Licensed Professional Planners Established 1932
Hourly Compensation Rates
Feasibility Study for New NJ State Police Marine Barracks
Middlesex Avenue
Carteret, NJ
Proposal No. P2011088
November 04, 2011
Principal /Partner
$185.00 /Hr.
Project Manager /Associate
$165.00 /Hr.
Project Architect
$150.00 /Hr.
Staff Architect
$135.00 /Hr.
Intern Architect
$115.00 /Hr.
Interior Designer
$110.00 /Hr.
Draftsperson (Level II)
$105.00 /Hr.
Draftsperson (Level 1)
$95.00 /Hr.
Administrative /Clerical
$65.00 /Hr.
Non technical Staff
$45.00 /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 @potterarchilects.com (908) 686 -2547 Fax (908) 686 -8430
Feasibility Steady for New NJ State Police Marine Barracks
Middlesex Avenue
Carteret, NJ
Proposal No. P2011088
November 04, 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.
Professional (djgifa) computer) rendering of proposed project design (available for additional $1800).
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 (3) site visits.
Printing beyond allowance of (8) sets of feasibility study /plans.
Photocopies beyond allowance of (200) copies.
Travel expenses beyond allowance of (100) 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.
IWE/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
following 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 with 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
balance Wit 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
Attachment Page A 1
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 fire 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 of 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
otherwise. 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 which
are not readily visible to the human eye.
ZONING INTERPRETATIONS - Please note that we 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
assessthe 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 in applicable 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 any underground utility or structure which has not been property 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 can be
visually identified from the ground surface. Unless other contractual agreements are made, this Proposal does not include testing, opening or entering
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 observed
under this Agreement unless: 1) PA believes that it 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 certification(s) 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
and expenses (including reasonable attorney fees) arising out of or resulting from the performance of PA, to the extent that any such claims, damage,
11/4/2011
Proposal No. P2011088
Attachment Page A 2
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 maybe 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 distribute 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 jurisdiction in the slate 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 %valves 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 Ole work, since these are solely the Contractors responsibility
CONSTRUCTING the project. The Architect shall not be responsible for the Contractor's 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
Identification, 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 pollutants' 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. P2011088
Attachinent Page A 3