Loading...
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