HomeMy Public PortalAboutr 12-103eoalutivu of the p or. oulb i3 (garters #, �qa Ja
No. 19 -103 Dale of Adoption Jt11t-' 21, �1�2
AUTHORIZING A PROFESSIONAL SERVICES CONTRACT FOR
ARCHITECTURAL SERVICES WITH POTTER ARCHITECTS —
NEW JERSEY STATE POLICE M ARINE BARRACKS AT CARTERET
WHEREAS, the Borough of Carteret is in need of specialized architectural services in
connection with the New Jersey State Police Marine Barracks at Carteret; and
WHEREAS, Potter Architects, 410 Colonial Avenue, Union, New Jersey 07083, 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 $98,700.00; 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 New Jersey State Police Marine Barracks at Carteret at a
total cost not to exceed $98,700.00 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:I I- 5(l)(a) in accordance with the Borough's Fair
and Open Process as authorized by law.
Adopted this 21" day of June, 2012
and certified as a true copy of the
original on June 22, 2012.
KATHLEEN M. BARNEY, Mbi fC
Municipal Clerk
RECORD OF COUNCIL VOTE
I PIT I M I X I I I I I tqul I x I I I I
x
DMItn I x
11 X - Indicate Vole An - Absent NV - Not Voting XOR - Indicates Vote to Ove,.Ic Veto I
Adopted at a meeting of the hnmicipaf Council
I
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• _ NdDDLESEX COUNre
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' TEL (732) 541-3800'
ort`ICE oP FAX (732) 541 -8925
KhTI1LEE1�' n1. BARNEY, RMC /ChiC
AtUN)C1PAL CLERH 61 COOKE AVENUE
CARTERET, NEW JERSEY 07008
.0 405
v
C ' Date: JKle 15. 2012
TO: Patrick J. DeBlasio, Treasurer
Borough of Carteret
REQUEST FOR CERTIFICATION. OF AVAILABLE FUNDS:
For: Bbtter Ard tects, Re: Architectural Services, Re: [Jiv Jersey State Police 143rine Barracks
Name ofAccoun
AA60UNT TO BE
Not
/1 11
'Municipal Clerk
CERTIFICATION OFAVAILABILITY OF FUNDS
T, Treasurer of the Borough of Carteret; do hereby certify that there are sufficient funds available in the current --
-_ budget to- enable the- U.nicipal Council to authorize the entering into a contract between the Borough of Carteret
and: - -
Lt2
The fin& a for this contract are in the Budget, in the account of..
in the amount of 'F B w
By this certification, I have her encumbered the above named account fc amount of the contract.
PATRIC J. DeBLASIO, Treasurer
Date:
K1,M/
BOROUG9VWTERET
The Bwwgh of Carteret has awarded a Corthaft withmt
compebbve biding as a prdessimal a rvice pu,want to N.J.S. A.
40A 11 5 (1) (a). Ih "s cwtract and the resdubn ardhn¢ing T are
pu
a,,4ebfefw blie inspettien mtheaffice d the Mu0,,k. nicipal 0rt.
Awarded to Potter Architects
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Semces Areh@eetural S?NIces —
Ra Now Jesey Stata Police Madew_Baerachs
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ENK BARNEY, MM
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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:
J uly 20, 2012
Notary Public of New Jersey Kathleen M. Barney, MMC /
LINDA A. RIVERA Municipal Clerk
NOTARY PUBLIC OF NEW JERSEY
PIRES MAY2,
Sworn a ft�'CO�MMI�SI�I�CX :! .)k BOROUGH OF
me this day Of C NOTICEOPCONTRACT AWARDED
' L1" The 8orou4h of Cadent has awarded a ntract wdhot
/ competitive bidding as a professional service ur to N.J.S.A. u
40A:11-5 (1) (a) This contract and the resolu Ion authorizing it are
avagable for.&ublic Ins4ecl[on in the office of the Munici pa) Cierk.
1 m. .,uvee.� n. g
Potter Architects
Architecture and Planning L.L.C.
410 Colonial Avenue - Union, NJ 07083 -7347
Registered Architects
Licensed Professional Planners
11F_NRER OF
-"MR CAN L\l'ITTUTE OF.1RC'R RECTS
NERSll21LND SUBLTIR.N CILIPTER
N.ATIO- AL COUNCILOFgCmTECTUFALIU :G. ➢O.ARDS
i C.,1. IM1l'L+IN'A'T
B.CIONAL
iCG. NJ. Al PA, C
Established 1932
June 7, 2012
Mr. John DuPont, P.E.
Carteret Borough Engineering Dept.
61 Cooke Ave.
�M Building
Proposal No. P2012057
NJ State Police Marine Barracks at Carteret
Middlesex Ave.
Carteret, NJ
Dear John:
It was a pleasure meeting with you to discuss the proposed NJ State Police Marine Barracks at
Carteret, located at Middlesex Ave., Carteret, NJ.
The scope of architectural services we will provide is divided into various phases. Please refer to the
enclosed "Estimated Fee Schedule" to obtain a breakdown of these services and their associated fees.
The firm shall be compensated for architectural services being rendered at monthly intervals.
Services and fees listed in the Project Program and Estimated Fee Schedule have been incorporated
into this agreement, two copies of which are enclosed for your review. If this contract agreement meets
with your approval, please sign both copies and return one copy for our records.
We look forward to providing the architectural services you require and will begin upon receipt of a
signed contract agreement. If you have any questions please do not hesitate to contact this office.
Thank you.
Sincerely Signature
Name prm/ Mr. John DuPont, P.E.
Title (primp Borough Engineer
Thomas R. Potter for Potter Architects
Date (adnp
I
pottcr(b,potterarchitects.cotn (908) 686 -2547 Fax (908 ) 686 -8430
Potter Architects
Architecture and Planning L.L.C.
410 Colonial Avenue • Union, NJ 07033 -7347
Registered Architects
Licensed Professional Planners
Estimated Fee Schedule
NJ State Police Marine Barracks at Carteret
Middlesex Ave.
Carteret, NJ
Proposal No. P2012057
June 07, 2012
11ENUIRROF
AAIENCAN LNSMUTE OF ARCHITECTS
NENFAM AND SUBURBAN CHAPTER
NATIONALCOUNCILOFARCaUrr.0 URALREC:. BOARDS
ILO.C.A. IN'rFRNAIIDNAL
REO. NJ, Nl', PA, C
Established 1932
COMPLETED UNDER SEPARATE CONTRACT (Coordination of Owner supplied data; Spatial,
design program analysis; Schematic floor plan designs; Schematic elevations; Obtain Schematic
approvaq.
Design Development/Preliminary 20.00% $19
Design development of approved schematic design; Construction assemblies and building materials
research; Building code research, review & interpretations; Design development of mechanical & structural
systems; Coordination with consulting engineers, including Owner's civil engineer; Prepare preliminary
plans; Obtain Preliminary approval.
Building floor plans, elevations & sections; Construction details & ±s; Finish, door & window schedules;
Foundation & structural plans, details & notes; Mechanical r Plumbing, Fire Protection Plans;
Project Manual - bid documents & specifications Aments for permit filing.
Bidding or Negotiati
Assist the Owner in est
bidding; Contractor bide \�
of alternates and /or subs e�k A cc
Construction Admin r
Project construction schedl
of change orders, certificate
review of punch list progrese
Estimated Profession,
The compensation schedule ests
for services shall not exceed the
schedule for breakdown).
10.00% $9,870.00
'uction does for contractor
ration of bids received; Analysis
30.00% $29
shop drawings, etc.; Review
intial completion; Periodic
200% $98,700.00 1
.. pnase of the project. Compensation
upon in advance by both parties (see
Stipulated fees shall be valid for not more than 90 days from the date noted unless an agreement is reached.
potter r(gt_,potterarchitects.com (908) 686 -2547 Fax (908) 686 -8430
Dotter Architects
Architecture and Planning L.L.C.
410 Colonial Avenue • Union, NJ 07033 -7347
)JENUIRR OF
.XNWWCAN IN.SMUTE OFARCIDTECTS
NM ANN SUBMB.N C]UPTER
NATIONA C'OUNC'R.OPARCQITECTMUREG. BOARDS
R.O.C.A. IN'I'ERNXHONA U
R G. NJ, NY, PA, CT
Registered Architects Licensed Professional Planners Established 1932
Hourly Compensation Rates
NJ State Police Marine Barracks at Carteret
Middlesex Ave.
Carteret, NJ
Proposal No. P2012057
June 07, 2012
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 11)
$105.00 /Hr.
Draftsperson (Level 1)
$95.00 /Hr.
Administrative /Clerical
$75.00 /Hr.
Non technical Staff
$65.00 /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.
pottercpotterar (908) 686 -2547 Fox (908) 686 -8430
Potter Architects
Architecture and Planning L.L.C.
410 Colonial Avenue • Union, NJ 07083 -7347
Registered Architects
Licensed Professional Planners
Project Program Description
NJ State Police Marine Barracks at Carteret
Middlesex Ave.
Carteret, NJ
Proposal No. P2012057
June 07, 2012
Established 1932
I. SCOPE OF WORK AND BUDGET:
1. WORK PREVIOUSLY COMPLETED BY POTTER ARCHITECTS (PA) - FEASIBILITY STUDY:
A Feasibility Study for the construction of a new NJ State Police Marine Barracks, located at Middlesex Avenue in
Carteret has been completed. 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 following has been achieved and approved by the New Jersey State
Police (NJSP):
* PA worked with NJSP to develop provided an approved Project Program, indicating square footage
requirements. Currently, this includes +/- 4000 SF.
* Create architectural design concept for the location.
* Create conceptual architectural plans.
Create conceptual architectural elevations.
Discuss concepts of HVAC and structure.
Assist in preparation of conceptual project budget, working with Borough Development Team, which includes
Cooke Avenue Developers, acting as Borough Developer /Construction Manager.
* Assist in preparation of conceptual time line for project implementation., again working with Borough
Development Team.
* Attend meetings with a NJ State Police representative(s).
2. BUDGET:
* NJ State Police have stated an overall budget of $1,440,000 but detailed breakdown is uncertain at this time.
$1,000,000 has been allocated as the estimated building cost.
11. PROFESSIONAL SERVICES:
Our firm will generally provide architectural + engineering services as follows:
1) Conduct meetings with Owner to provide full understanding of scope prior to preparation of bid documents.
Conduct necessary meetings with CAD, Borough of Carteret, NJSP, authorities having jurisdiction, maintenance
personnel, etc.
2) Prepare drawings of refined conceptual plans.
3) Prepare preliminary plans and specifications as required to obtain preliminary approval.
4) Prepare final plans and specifications as required for permits and construction.
5) Assist Owner /CAD in contractor selection and assist in obtaining all necessary start-up documentation, etc. This
work is to be awarded under Owner's normal developers agreement procedure.
6) Provide construction observation as necessitated by progress of the work. Interact with CAD and act as Owner's
liaison for all Owner /Contractor communications.
7) Review and process contractor's product submittals.
8) Review and process contractor's requests for payment.
9) Review and process any necessary change orders for owners' credits / additional work/unforeseen conditions
encountered during construction.
continued...
_11EAMRROF
ASIF.RICAN 1\'.Srrrl ITF. OF ARC FFEMS
VB \ \ :ARRANll SUBURBAN CJI PFER
F.Sl'WF.\L COUNC'B.OYARC'BIUCrUILA JU!G. Bo UWS
RO.C. N'TRRNATIONAL
REG. NJ. NY. PA, CT
potter(a pottet*architects.com (908) 686 -2547 Fax (908) 686 -8430
PROJECT PROGRAM DESCRIPTION
June 7, 2012
Page Two
10) Issue letter of Substantial Completion and prepare project Punch List.
11) Verify completion of Punch List (Final Completion) and assist Owner in obtaining guarantees and close -out
documentation.
12) Authorize final payment to Contractors.
III. OWNER TO PROVIDE CONSTRUCTION MANAGER (CM) FOR DAILY CONSTRUCTION PHASE
SERVICES:
The following is an outline of typical services provided by the Owner's Construction Manager, which will be CAD:
1) Provide daily or full -time, on site staff to perform duties that include but are not limited to the following: observe
contractors to expedite their work, maintain quality control and conformance to the contract documents, provide
full -time project management and field monitoring.
2) Provide all necessary personnel and expertise required for the administration of contracts, negotiation of change
orders, and resolution of disputes and delays.
3) Act as agent for the Owner, interact with the Architect, lead the construction activity, including fielding an
observation team to monitodcontrol the work in progress, coordinate activities, schedules, and work of multiple
prime contractors at multiple sites, operate all monthly requisition and payment processes and keep accounts,
handle inquiries, keep records, report on schedule progress, estimate completion costs, prepare punch lists,
administer completion and hand over process, and administer as- builts, warranties, guarantees, etc., for
acceptance.
4) Assist in coordination of activities of the utility companies and the regulatory agencies.
5) Oversee the testing services and other services retained for the project.
6) Expedite the submission of all submittals and shop drawings to be reviewed for conformance with the contract
documents; maintain accurate - records of shop drawings and submittals.
7) Continue evaluation of progress, determine effects on project schedule, and take appropriate action to adjust
the work as required to maintain the accepted schedule.
8) At a minimum, conduct biweekly (every two weeks) and specially scheduled job meetings involving the project
team; keep and distribute accurate summaries of meetings.
9) Establish, maintain, and use a cost - control system for all construction on a project -by- project, new vs.
alterations, building -by- building basis, keep records in a form readily usable by the project team, make
recommendations to the Owner.
10) Maintain a daily log of all significant events, visitors and occurrences at the job site, maintain file of record
drawings, photographs, etc.
11) Specify job site safety program requirement that comply with applicable, safety requirements.
12) Review requests for payment from contractors and suppliers against previously established milestone
schedule.
13) Assist in establishing and maintaining good relations with the surrounding community and implement
reasonable methods to control dust, noise, lighting, odor, etc., as required by the contract specifications.
14) Assist Contractors in avoiding and resolving jurisdictional disputes when and if they occur.
15) Assist in preparing and maintaining a current master record copy of drawings showing all changes to the
contract drawings.
16) Collect and organize for delivery to the Owner all operating manuals, equipment lists, and maintenance
manuals required by the contract documents.
17) Recommend to the Owner when final inspection(s) and punch list(s) should be made, conduct final
inspection(s) with the project team and others as required, ensure that all punch list items are completed in a
timely manner.
18) Assist the Owner's personnel in assuming operation of all systems, including scheduling of instructional
sessions by the contractor as required in contract documents.
19) Assist the Owner in exercising guarantees and warranties.
20) Deliver to the Owner all records, documents, and other items Pertinent to the project.
continued...
PROJECT PROGRAM DESCRIPTION
June 7, 2012
Page Three
IV. ARCHITECTURAL DOCUMENTATION
The following is a phase by phase description of provided architectural documentation:
1. Predesign /Schematic Services (previously completed):
a. Data Coordination.
b. Preliminary Estimate of Cost .
c. Programming.
d. Space Schematics.
2. Preliminary Design Services:
a. Architectural Design/ Documentation.
b. Structural Design/ Documentation.
c. Mechanical Design/ Documentation.
d. Electrical Design/ Documentation.
e. Fire Safety Design/ Documentation.
3. Construction Document Design Services:
a. Architectural Design/ Documentation.
b. Structural Design/ Documentation.
c. Mechanical Design/ Documentation.
d. Electrical Design/ Documentation.
e. Fire Safety Design/ Documentation.
f. Technical Specification. These will incorporate the AIA A -201 General Conditions of the Contract
4. Contract Negotiation Phase Services:
a. Provide Estimating Documents.
b. Communicate With Contractor(s).
d. Issue Addenda as required.
e. Analysis of Alternates.
f. Evaluation of Proposal(s).
g. Assistance in Contract Awards.
5. Contract Administration Services:
a. Interact with Owner's CM.
b. Submittal Services /Contract Start-Up Procedure.
c. Observation Services (One Site Visit/or as required)
d. Review of Application and Certificates Of Payment.
e. Review and process of Change Orders.
f. Punch List and Supplemental Documentation.
g. Project Closeout.
V. OTHER INFORMATION:
1. CME will be providing all survey, geotechnical, and civil design work under directy contract with the Borough of
Carteret.
2. There is no set timeline for this project.
3. The project contact will be John DuPont, PE, Borough Engineer.
4. It is our understanding that this Project will be delivered via CAD, utilizing non - public bid quotations, being
handled under a developer's agreement. Prevailing wage rates will apply.
5. All work for the Marina is to be handled under separate. This project addresses the NJSP building only.
G
NJ State Police Marine Barracks at Carteret
Middlesex Ave.
Carteret, NJ
Proposal No. P2012057
June 07, 2012
The proposal includes two opportunities for Owner to review and approve drawings prior to final constmction drawings. This review process is normally sufficient
Any further preliminary design work or changes to final drawings requested by Owner will be billed out at our hourly rates.
When Palter Architects (PA) is ready to prepare your final cons Wcfion documents with your final changes, we will require your acceptance in writing to proceed vdth
your final construction documents.
Changes to architectural plans required by the local construction department for the purpose of issuing construction permits will be the Architect's responsibility.
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.
Interior Design - Detailed finishes 8 materials for furniture, fodures, equipment, etc.
Model or professional rendering of proposed project design.
Detailed construction cost estimate of proposed project design.
Site / Civil engineering and/or landscape design/consultations.
Suit / Hydrogeological / Geolechnical engineering, tests, reports, etc.
Surveying services.
Schematic floor plan(s) designs beyond basic services allowance of two (2) schemes.
Changes to design tile[ are requested by the Owner after completion of Design Development phase.
Preparations, submissions and appearances for zoning, planning or any other board or agency.
Shop Drawing Review.
On -site representation beyond basic services allowance of (30) site visits.
Printing beyond 8110 vra1 10 0 of (8) sets of plans and project manuals.
Travel expense allowance of (1200) miles.
Postageldelivery expense beyond allowance of ($150)
Testing services; hazmal abatement.
Special inspections for materials and walk as may be required by codes and/or municipal code enforcement.
Legal review of bid documents and legal, accounting, and insurance counseling services.
Review fees, permit fees, etc.
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 dravnngs(post- construction).
Coordination of separate contractors.
Leeds Certification /Accreditation.
MIE)P Building Modeling /Commissioning.
The Architect shall have the right to furnish and display temporary sign at the jobsile during the construction lime period; the Architect may utilize project
drawings/photogimphs for promotional use.
AS AN OPTIONAL ADDITIONAL SERVICE, construction site visits/observalion by our firm is available to you and quotes for this service shall be provided to you after
completion of final construction documents, ff requested.
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 30 days from the date of the Proposal, after vJnieh PA may elect to vdlhdtaw 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 imme.
COMPLETION OF SERVICES - The architectural services contained within this proposal shall be deemed - complete' upon the occurrence of the following milestone:
Upon delivery of Certificate of Subsfantial Completion and Punch List.
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 (signaler), if acting on behalf of partnership, corporation, funding agency or public entity
represent that they have the aulhorityto do so, and to bind the entity to this Agreement. The stgnatorvdll also be responsible for payment and for authorizing
additional services, if applicable.
ASSIGNMENT - Tbts Contract is not assignable except with file 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 he released until final
payment is made. Invoices will be submitted monthly for services and are due when rendered. A monthly service charge of 1.5% of the unpaid balance will be added
to PAST DUE accounts. In the event any portion oral] of an account remains unpaid 15 days after billing, the client shall pay cost of collection, including reasonable
attorney fees. If collection agency is needed to collect unpaid fees, client vrill be responsible for all collection agency fees plus interest, in addition to payment of
unpaid invoices. Use of instruments of service is contingent upon payment for services in full.
Attachment Page A 1
SUSPENSION(TERMINATION OF SERVICES - Failure to meet the payment schedule outlined in this Agreement may result in termination of project. Fees for
projects terminated by Ormer are to be based on the hourly rate for all time expended to point of termination. Invoices shall be considered PAST DUE if not paid
Within 30 days agar the invoice date and PA may, without waiving any claim or right against the Client, and vrithoul liability whatsoever to the Client, terminate the
performance of service. PA reserves the right to slop work until invoices that are more than 30 days in arrears are paid in full. Client agrees that any delays, claims
or losses associated with stopping of work under these circumstances will net be the responsibility of PA. Architect has no duty to perform services or to allow use of
Instruments of service on delinquent accounts. If services are suspended due to non - payment, Architect will restart services when account is restored to good
standing.
PHASING - Phasing of the project and/or splitting 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 of the profession currently practicing in the same locality under similar conditions. No other representation, expressed or implied, and nowraranty 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 assess the impact of the variations on the previously provided interpretations,
recommendations and design. PAvdll 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 dale 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
drawingslpholographs for promotional use.
UTILITIES - PAwdll 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 orstructurewhich has not been properly marked out by the respective owner of said utility or structure prior to the commencement
of our work. Owner is responsible 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 mays 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 codification; 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 forth of such certification
prior to execution of this Agreement and has included certification(s) in the Scope of Services. Any codification 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 Oiat 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 firose
performance or certification expectations will be met.
RISK ALLOCATION - 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
{ncluding 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 pad by the negligent act or 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 distribute the documents for any extension of the project or other project vithout 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
6/7/2012 Attachment Page A2 Proposal No. P2012057
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 (AOR) -AII claims, disputes, and other matters in controversy between PA and Client arising out of or in any wa related to
this Agreement rill 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 ofADR as provided above, Then 1) Client assents to personal jurisdiction 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 orjudicial jurisdiction; and 3) If PA prevails, PA will be entitled to recovery of all reasonable costs
incurred, including staff time, Good 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 conrol over or charge of and shall not be responsible for construction means, methods, techNques, 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 Will 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 - 'not included in this propose]" - In the event PA is retained to provide site visitsiobsewation, 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 staled 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, coil[ 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 vdll preserve such test materials or ocher 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 PAwiil 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 stony 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.
6/7/2012 Attachment Page A 3 Proposal No. P2012057