HomeMy Public PortalAboutr 15-190F
No. 15-190 Date of Adoption ` e tarter 17 , 2015
AUTHORIZING A PROFESSIONAL SERVICE
CONTR
ARCHITECTURAL SERVICES WITH POTTER ARCHIITECT OR
SPORTSMEN'S PROPERTY PROJECT
WHEREAS, the Borough of Carteret is in need of specialized architectural services in
connection with the Sportsmen's Property Project preliminary and construction document
phases; and
WHEREAS, Potter Architects, 410 Colonial Avenue, Um On, 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 $24,440.00; and
WHEREAS, the Mayor and Council have reviewed said proposal; and
WHEREAS, Cite Chief Financial Officer certifies that finds 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 Sportsmen's Property Project
Preliminary and construction document phases at a total cost not to
exceed $24,440.00 is hereby approved.
2. Annexed hereto is a copy of said proposal
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 17" day of September, 2015
and certified as a true copy of
the original on September 18, 2015.
KATHLEEN M. BARNEY, MPdC
Municipal Clerk
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Adopted at meeting of Municipal Council
Potter Architects
Architccture and Planning L.L.C.
410 Colonial Avenue • Union, NJ 07083 -7347
Registered Architects
Licensed Professional Planners
August 11, 2015
Mr. John DuPont, P.E.
Borough Engineer
Carteret Borough Engineering Dept.
i
61 Cooke Ave.
Carteret, NJ 07008
Proposal No. P2014078
Sportsmen's Property - Conversion of Residence to Single Story Commercial Building
1 -5 Louis Street
Carteret, NJ
Dear John:
Established 1932
It was a pleasure meeting with you to discuss the proposed Sportsmen's Property - Conversion of Residence to Single
Story Commercial Building located at 1 Louis Street, Carteret, NJ.
Please find two copies of Proposal No. P2014078 enclosed for your review. The scope of architectural services we will
provide is divided into various phases. Please refer to the enclosed "Project Program Description ", "Estimated Fee
Schedule" and "Attachments" to obtain a breakdown of these services and their 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, resolution, and purchase order. If you have any questions
please do not hesitate to contact me. Thank you.
Sincerely Thom o tter Architects
Signature
Name (mop Mr . Jo DuPo P.E.
Title ipI p B orough Engineer
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410 Colonial Avenue - Union, NJ 07083 -7347
Registered Architects
Licensed Professional Planners
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Project Program Description
Sportsmen's Property - Conversion of Residence to Single Story Commercial Building
1 -5 Louis Street
Carteret, NJ
Proposal No. P2014078
August 11, 2015
I. SCOPE OF WORK AND BUDGET:
It is Poller Architects (PA) understanding that the Borough of Carteret (The Borough) wishes to demolish the existing Sportsmen's Club Building ( "log
cabin ") located at 1 Louis Street, Carteret, NJ, and renovate the existing residence building Into a one story commercial building. The Borough wishes to
complete the as- built, Preliminary, and Construction Documents and solicit quotes (using Cooke Avenue Developers as CM and SID as the project delivery
vehicle) to renovate and redesign to the existing building. The intent is that the Borough will continue to own this location following construction activities,
PA's work will be based upon previously approved design concept sketches. Parking for the new building can be accommodated with on -site parking as
well as the existing Carteret Park paved parking area, as will be detailed by the Owner's Survey/Civll consultants.
The building will house up to (4) tenant spaces on the ground floor, designed as "vanilla box' with no identified tenants at this time. A future proposal will be
provided should you wish us to design tenant fit out drawings.
PA's work of this proposal will include preliminary and construction documents and all the necessary architectural detailing and drawings, along with
structural, mechanical, electrical, plumbing, and fire protection engineedng and drawings.
Note: A photo - realistic rendering can be added to this proposal for an additional amount not to exceed $2300,00.
PA's understanding Is that the anticipated cost range is undetermined at this time. PA will provide options that skive to minimize the cost of construction.
PA will work with the project manager Cooke Avenue Developers (CAD), acting as the Borough's Construction Manager (CM), to provide construction cost
estimates.
11. PROFESSIONAL SERVICES:
PA will generally provide architectural + engineering services as follows:
1) Predesign - Conduct meetings with Owner to provide full understanding of scope prior to preparation of bid documents. Conduct necessary meetings
with CAD, Borough of Carteret, authorities having jurisdiction, maintenance personnel, etc. Conduct initial meeting with the Borough to provide confirmation
of scope and program, at the location of the proposed construction. List the agreed -to spaces for the proposed conceptual designs: to include list of
required rooms, relationships to other rooms, list of functions and occupancies. Review surrounding building elements for factors affecting the design.
Perform a follow -up visit to measure and photograph for preparation of as -built building documentation. Produce as -built floor plans and elevations. Assist
In preparation of conceptual project budget and conceptual time line working with Borough Development Team, which includes Cooke Avenue Developers
(CAD), acting as Borough Developer /Construction Manager. Attend meetings as needed.
2) Prepare drawings of conceptual plans.
3) Prepare Preliminary plans and elevations as required to obtain preliminary approval.
4) Prepare Construction Documents - final architectural plans, elevations, MIEJPIFP and Structural plans as required for permits, quotes, and construction.
5) Bidding assistance - Assist CAD In contractor quotes, 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 observalion 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 contractors product submittals,
8) Review and process contractors requests for payment.
9) Review and process any necessary change orders for owners credits I additional work/unforeseen conditions encountered during construction.
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,
Page 1
pofter(it)potterarchitects.com (908) 686 -2547 Fax (908) 686 -8430
Project Program Description
Carteret - Sportsmen's Conversion of Residence to Commercial Building
August 11, 2015
111. DELIVERABLES:
1) PA will provide (6) progress prints of preliminary plans, and (8) prints of the final plans for permits /construction. A colored mounted front elevation board
will be provided upon request.
IV. OWNER TO PROVIDE CONSTRUCTION MANAGER (CM) FOR DAILY CONSTRUCTION PHASE SERVICES:
The following is an outline of the required typical services to be provided by the Owners CM, which will be CAD:
1) Provide daily or full -lime, 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 monitorlconlrol Ilia 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- bunts, 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 hvo weeks) and specially scheduled job meetings Involving the project team; keep and disldbu(e 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 Belts) should be made, conduct final Inspection(s) with the project team and others as
required, ensure that all punch list gems are completed In a timely manner.
18) Assist the Owners 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.
V. OTHER INFORMATION:
1. CME or Owner selected civil/surveyigeotechnical consultant will be providing all survey, geotechnical, and civil design work tinder contract directly with
the Borough of Carteret.
2. There Is no set timeline for this project.
3. The project contact unit be John DuPont, CME, PE, Borough Engineer.
4. Project will be quoted, delivered and managed by CAD, utilizing non- public bid quotations, under a developers agreement. Prevailing wage rates will
apply.
5. All work for the OEM cabinetry, furnishings, storage shelving etc. is tribe handled under separate proposal. This project addresses the building
construction/shell, interior partitions and ceilings only.
6. Hazmats - The Borough will engage their own Hazmat specialist/consultant to ascertain the presence and handdriglabatemenl of any potential
hazardous materials or environmental concerns related to or present at the project location.
7. Geotechnical Investigation - The Borough will engage their own Geotechnical speclalist/consultant to prepare a subsoils investigation and report for PA
and its consultants to utilize.
Page 2
Potter Architects
Architecture and Planning L.L.C.
410 Colonial Avenue • Union, NJ 07083 -7347
Registered Architects
Licensed Professional Planners
Established 1932
Estimated Fee Schedule
Sportsmen's Property - Conversion of Residence to Single Story Commercial Building
1 -5 Louis Street
Carteret, NJ
Proposal No. P2014078
August 11, 2015
Predesign Services /Site Analysis 13.44% $4,880.00
Document existing building conditions; Development of existing plans and elevations; Coordination of Owner supplied data; Development of
project and building program; Coordination with Owners civiUsurvey site engineer.
Preliminary floor plan design(s); Preliminary elevation design(s); Construction assemblies and build:ng materials research; Buiidinl
research, review & interpretations; Design development of mechanical & structural systems; Coordination with Owners consulting
engineers; Preliminary documents for review and approval.
Construction Documents - Building floor plans, elevations & sections; Construction details & notes; Finish, door & window schedules;
Foundation & structural plans, details & notes; Mechanical, Electrical, Plumbing, and Fire Protection drawings and engineering /design
criteria; Signed & Sealed documents for permit fling; Construction permit review as required.
Assist the Owner in establishing a list of contract
distribution of addenda; Review and evaluation of
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Attend project meeting and site visits; Review of submittals, substitutions, shop drawings, etc.; Review of change orders, certificates of
payment, eta; Creation of punch list at Substantial Completion; Interim review of punch list progress; Review of final close -out documents.
Estimated Professional Services Total 100.00% $36,300.00
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 breakdovm).
Stipulated fees shall he valid for not more than so days from the date noted unless an agreement is reached.
cl; Provide espies of construction documer
Analysis of alternates another substitutions.
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Hourly Compensation Rates
Sportsmen's Property - Conversion of Residence to Single Story Commercial Building
1 -5 Louis Street
Carteret, NJ
Proposal No. P2014078
August 11, 2015
Principal /Partner
Project Manager /Associate
Project Architect
Staff Architect
Intern Architect
Interior Designer
Draftsperson (Level 11)
Draftsperson (Level 1)
Administrative/Clerical
Non technical Staff
$225.00 /Hr.
$190.001Hr.
$155.00 /Hr.
$145.06 /Hr
$135.00 /Hr.
$125.00 /Hr.
$125.00 /Hr.
$110.00 /Hr.
$80.00 /Hr.
$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.
potterr(ppotternrchitects.coln (908) 686 -2547 Fax (908) 686 -8430
Sportsmen's Property - Conversion of Residence to Single Story Commercial Building
1 -5 Louis Street
Carteret, NJ
Proposal No. P2014078
September 09, 2014
The proposal Includes two opportundles for Omer to review and approve drawings prior to final construction drawings. This review success is normally suffcienf.
Any further preliminary design vmrk or changes to final drawings requested by OwnervAl be billed out at our houmy rates.
When Polier Architects, L.L.C. (PA) is ready to prepare your final construction documents will, your fact changes, we will require your acceptance in wring to
proceed with your final construction documents.
Changes to architectural plans required by the local construction department for the purpose of leading conslmctien Permitswfll 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 Omer.
Interior Design -Detailed finishes & materials for furniture, fixtures, equipment, etc.
Exterior Building Signage Design.
Model or professional rendering of proposed project design.
Detailed construction cost estimate of proposed project design.
Site I Civil engineering and/or landscape design/consuilations.
Foundation Plan Including special soil condilions or piling desgn.
Site I Civil engineering andlor landscape desiga(consuitations.
Soil / Hydrogeological I Geotechnical engineering, luds, reports, etc.
Surveying services.
Preliminary floor plan(s) designs beyond basic services allowance of two (2) schemes.
Changes to design that are requested by the Owner after completion of Design Development phase.
Shop Drawing Review.
On -site representation beyond basic services allowance of (6) site visits.
Printing beyond allowance of (6) sets of preliminary plans and (8) sets of final plans.
Photocopies beyond allowance of (100) copies.
Travel expense allowance of (200) miles.
Poshme/delivery expense beyond allowance of ($150).
Review fees, permit fees, etc.
Testing services; hazmat abatement.
Special inspections for materials and work as may be required by codes andlor municipal code enforcement.
Legal review of bid documents and legal, accounting, and insurance counseling services.
Bidding phase assistance: solicitation of bids, review andfor evaluation of bids received, negotiation ofcontracla), etc.
Construction management andlor coordination of separate contractors.
Construction administration / Construction phase assistance.
Coordination of separate contractors.
Testing services. _
Preparation of as -built drawings (Post- conslrucflon), as this wall be a requirement of iho Contractor in the Construction Conlracl.
Leeds Certification / Leeds AccredAallon.
M/EIP Building Modeling / Commissioning.
AS AN OPTIONAL ADDITIONAL SERVICE, construction she visils/observationrassislance by our firm is available to you, if requested.
GENERAL CONDITIONS OF SERVICES:
SCOPE OF SERVICES -The services lobe provided by PA have been set forth in the Proposal / Project Program Description and shall remain valid for a pedcd of 60
days from the date of the Proposal, after which PA may elect to vnth ffewor renegotiate this Proposal. All services nit specifically idenlified 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 madiricalion beyond that time frame.
COMPLETION OF SERVICES - The architectural services contained within this proposal shall to deemed *complete' upon the occurrence of the following milestone:
Upon delivery of Certificate of Substantial Completion and Punch List.
Please note that any extension of services beyond above milestone shall be deemed 'Additional Services* and tilled in accordance with the Hourly Rates listed in the
Contract.
EXECUTION OF CONTRACT - The individuals executing this Contract (signaloi), if acting on behalf of partnership, corporallon, funding agency or public entity
represent that they have the authority to do so, and to bind the entity to this Agreement. The signatorwill also be responsible for payment and rot authorizing
additional services, N applicable.
RIGHT TO ADVERTISE - PA shall have the right to furnish and display a lemporary sign al the jobsde during the construction time period; PAI may milize project
drawdngs/phologimphs for promotional use.
ASSIGNMENT - This Contract is nit assignable except valh the prior written consent of PA, and no assignment shall relieve the signatory of any obligations under this
Contract.
FEE - The total fee, when slated as a lump sum, shall be based upon Scope of Services, and shall net be exceeded Willard vaiden approval of the Client. Where the
fee arrangement is to be on an hourly basis, the rates shall be those that prevail at the lime services are rendered.
BILLINGS / PAYMENTS - Please note that payment is due upon completion of each phase of the work. Final Construction Dravrings will not be 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 or all of an account remains unpaid 15 days agar billing, the client shall pay cost of collection, including reasonable
attorney fees. If collection agency is needed to collecl unpaid fees, client will be responsible for all collection agency fees plus interest, in addition to payment of
Attachment Page A 1
unpaid invoices. Use of instruments of service is contingent upon payment for services in full
SUSPENSIONiTERMINATION OF SERVICES - This Agreement maybe terminated or suspended for convenience by either party by thirty (30) days vmlten notice, or
in the event of substantial failure to perform in accordance with the [arms of the Agreement by Ina other party through no fault of the leminmating party by ten (10) days
wrilten notice. If this Agreement is terminated, it is agreed that PA shall be paid the total charges for labor and material performed to the lamination notice date, plus
reimbursable charges. Failure to meet the payment schedule outlined in this Agreement may result In termination of project. Fees for projects terminated l Ovmm
are to be based on the hourly rate for all time expended to point of lermination. Invoices shall be considered PAST DUE if not paid per leans of the Contract, and PA
may, without waiving any claim orright against the Client, and without liability whatsoever to the Clienl, terminate the performance of service. PA reserves lire right to
stop work unlit invoices are paid in full. Client agrees that any delays, claims or losses associated with stopping of work under these circumstances will not be the
responsibility of PA. PA has no duty to perform services Orin allow use of instruments of service on delinquent accounts. If services are suspended due to
non - payment, Archtecl will restad services wfien account is restored to good slanding.
PHASING - Phasing of the project andfor splitting the drawings into two or more phases or separate projects, for any reason, requires additional resources and effort.
Therefore, net 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 unit be Conducted in a manner Consistent with the level of pre 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 nowaranty cr
guarantee of 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 vnll 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. ifidden Conditions are conditions which are riot madryy
visible to the human eye.
INFERRED CONDITIONS - Conditions may vary from those which are vrisibhyobserved at the locations of open structure or other such visible conditions. PA will base
Interpretations, recommendations and design upon Conditions inferred (ram the conditions observed. Client recognizes that any future determination of conditions
different than those which wore encountered at the observable locations may significantly impact the interpretation, recommendations and design provided by PA. Any
such varialion of condilions should be brought to the prompt attention of PA to assess the impact of the variations on the previously provided interpretations,
recommendation and design. PA will take no responsibility for any interpretation or recommendation olhors 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 accomencewilh the terns
of this Agreement.
STANDARDS AND CODES - g 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 Lou considered
a Changed Condition under this Agreement. In addition, any revisions or additional work required by regulatory agencies which are not explicitly cullined inapplicable
codes, standards or regulations will also be Considered a Changed candid [on 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.
UTILITIES - PAwill take reasonable precautions to avoid damage of Injury to any visible subsurface utilities or structures. PA shall not he held responsible for
damage to any underground utility or structure which has not been property marked out by the respective Comer of said utility or structure prior to the commencement
of our work. Owner is responsible to order all mark -ours. 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 he visually identified from the ground surface. Unless other
Contractual agreements are made, this Proposal does nor include testing, opening of 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 al the Commencement of this Agreement ('Changed
Conditions '), PA will notify client in wdling of the Changed Conditions. Client and PA agree that they will then renegotiate in good faith the terms and conditions of this
Agreement. g PA and Client cannot agree upon amended terms and conditions within 30 days after notice, PA may terminate this Agmarri Fort 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 suffcieni basis to issue the cedificatbn; 2) PA believes that the Services
performed or Work tested and/or observed morels the Cal of the cediftcatiom, and 3) PA has m ieved and approved in writing the exact form of such certification
prior to execution of this Agreement and has included ceriification(s) in the Scope of Services. Any cedfical[on by PA is limited to an expression of professional
opinion based upon the Services performed by PA, and does not considute a wranty or guaranty, either expressed or implied.
ENERGY EFFICIENT DESIGN - The Architect will exercise reasonable efforts to design and specify products andfor systems that achieve energy performance
expectations or LEED Certification expectations trial are expressly called for in this Contract, if any. The Architect does nor, however, provide assurances that those
Performance or certification expectations vnll 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 Cretan 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 allomey fees) arising out of or resulting from the performance of PA, to the extent ]hat any such claims, damage, loss or expense is caused in
whole of in pad by the negligent act or omission, andfor strict liability of the Client, anyone directly or ind]reclty employed by the Client (except PA, or anyone for whnse
acts any of them may be liable).
NO SPECIAL OR CONSEQUENTIAL DAMAGES - Client and PA agree that PA shall not he liable to Client for any special, indirect or consequential damages
whatsoever, whether caused by PA's negligence, errors, omissions, strict liablllty, breach of contract, breach ofwfararmy or other Cause or causes whatsoever,
OWNERSHIP OF DOCUMENTS -The plans as articles ofservice are, and vdll remain, the property of Potter Architects, L.L.C.(PA). Plans andfor services for this
project may nor he used for another building or project without PA's prior written consent. Client may use the documents for the project or purposes contemplated by
this Agreement, providing that plans and /or services have been paid for in full or per agreement. Clienl may nor reuse, reprint or electronically distribute the
documents for this projector for any extension of the project or other project without PA's priorwriden Consent. Any unauthorized use, reuse or extension or PA's
work will be considered a violation, and Is at Client's sole risk and without habililyto PA, and Client will Indemnify, defend, and hold PA harmless from all claims or
damages arising from any unauthorized use, reuse or extension of PA's work. Potter Architects, L.L.C. (PA) expressly reserves its commonlave copyright and other
Property rights in these plans andfor services. Those plans are not to be reproduced, changed or Copied in any rnannerwhatseever, nor are they to be assigned any
third Party, wilhoul first obtaining the express written permission and consent of PA. PA reserves the fight to withdrew plans from permitting agencies in the event of
non - payment in full or per agreement for plans and/or services.
9/9/2014 Attachment Page A 2 Proposal No. P2014078
ALTERNATIVE DISPUTES RESOLUTION (ADR) -All claims, disputes, and other matters in controversy between PA and Client arising out of min any way related to
this Agreement will be submitted to mediation before and as a conddion 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 Ir igation Instead of ADR as provided above, then 1) Client assents to personal jurisdiction in the state of PA's
principal place of business; 2) The claim vrill be litigated and hied in judicial jurisdiction or the court of the county vfiere PA's principal place of business is located and
Client vretves the right to remove the action to any other county or judicial jurisdiction; and 3) N PA prevails, PA vdll be enthled to recovery of all reasonable costs
incurred, including staff lime, 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 comrel over or charge of and shalt not be responsible for construction means, methods, techniques, sequences, or procedures, of far
safety precautions and programs in connection with the vvork, since these are solely the Contractors responsibility CONSTRUCTING the project. PA shall not be
responsible for the Contractor's schedules or failure to carry out the Work n accordance with the Contract Documents. This proposal is based upon the Omer hiring a
property insured and NJ Licensed General Contractor to construct the entire project. PA shirt 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 v mk.
SITE VISITS f OBSERVATION - In the event PA is retained to provide she visi(slabservalion, PA as a representative of the Owner, upon request, shall visit the site at
intervals appropriate to the stage of construction (limited to the number of visits stated in the allowances), to become general;y familiar with and to keep the Ormer
informed about the progress and quality of the Work completed, to endeavor to guard the Omer 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, whit be in accordance vrith the Contract Documents. However, PA
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 unit preserve such Iasi 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 lake custody of all telling portals and/or probes installed during any lasting or investigation by PA, and will lake any and all necessary steps for the proper
maintenance, repair or closure or such testing portals andlor probes at Client's expense.
DISCOVERY OF UNANTICIPATED POLLUTANT RISKS - Hazardous materials or certain types of hazardous materials may exist at a she. 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 tome of 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 subs(ance be encountered and identified by olhers, PA will take action to protect the health and welfare of (heir personnel, and vat notify the
Client for direction. The conditions of this when are superseded to the extent that tho 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 Invesftgallon or detection of the presence of any biological pollutants in or around any
structure. Client agrees Thal PAvall have no liability for any claim regarding badly 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 mdse from or be caused by the presence of or exposure to any biological pollutants in or around any structure. The term °b eoglcal 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 Solvices
specifically includes Environmental Services, PA v ill not be responsible for the idenfificallon, delineation, evaluation, treatment or removal of any hazardous
substance.
ENTIRE AGREEMENT - This Proposal y Project Program Descriplion y Fee Schedule I Hourly Rates y General Conditions cons(hme the entire Agreement between
Client and PA
BUSINESS HOURS - Regular business hours of Potter Architects are Monday through Friday, 7:30a to 4:30p.
9/9/2014 Attachment Page A 3 Proposal No. P2014073
To: Patrick 1, DeBlasio, Treasurer
Borough of Carteret
REQUEST FOR CERTIFICATION OF AVAILABLE FUNDS:
For: Potter Architects Architectural Services, Re: Sportsmen's Property Project
Name of Account
AMOUNT TO BE ENCUMBERED: Not to Exceed $ 3.6 - 30 0.00° r
CATHLEEN M. BARNEY
Municipal Clerk
CERTIFICATION OF AVAILABILITY OF FUNDS
AG
Treasurer of the Borough of Carteret, do hereby certify that there are sufficient fund:
available in the current budget to enable the Municipal Council to authorize the entering info d
r o ract between the Borough of Carteret and:
�rr - c - p Apc U, rrc�
unds available for this contract are in the Budget, in the account of:
- ( 0 - /e�� V
In the amount of
By this certification
the contract
Cad
I have hereby encumbered the above named account for the amount of
PATRA J. DEBLASIO, Treasurer
Date: `7 -,� f -/S
�?, a�Z�I�
!'��
a , i ilip,Pe,d
y
rwooc =_s":
COUNT
OFFIG7 OF
KP1 rte? M. PAwEv,
wC
61 COO a'TENTT -v
1m cif Clerk
C ZiT —PZT, YEEW JjE-FS? s 070H
Date:
September 11, 2015
To: Patrick 1, DeBlasio, Treasurer
Borough of Carteret
REQUEST FOR CERTIFICATION OF AVAILABLE FUNDS:
For: Potter Architects Architectural Services, Re: Sportsmen's Property Project
Name of Account
AMOUNT TO BE ENCUMBERED: Not to Exceed $ 3.6 - 30 0.00° r
CATHLEEN M. BARNEY
Municipal Clerk
CERTIFICATION OF AVAILABILITY OF FUNDS
AG
Treasurer of the Borough of Carteret, do hereby certify that there are sufficient fund:
available in the current budget to enable the Municipal Council to authorize the entering info d
r o ract between the Borough of Carteret and:
�rr - c - p Apc U, rrc�
unds available for this contract are in the Budget, in the account of:
- ( 0 - /e�� V
In the amount of
By this certification
the contract
Cad
I have hereby encumbered the above named account for the amount of
PATRA J. DEBLASIO, Treasurer
Date: `7 -,� f -/S
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:
October 1, 2015
BOROUGH OF CARTERET
NOTICE OF CONTRACT -.:.
AWARDED
The Borough of Carteret has
awarded a contract without
comional petitive bidding as a profes-
s servl<e - pursuant - - to
N.I.S.A. 40A:11 -5 (t) (a).:. This
contract and the resolution au-
thorizing - it - are - available - for
Ph Inspection in the office. of
the MuniCpal Clerk.
This action Is approved as an
award of Professlonal Services
Contact pursuant to '
NJ.S.A.40Aa t- 5(t)(a) -in accord-
once with the Borough's Fair
and Op
by law.en Process as authorized
-
pram... ry mmcuon
to I phases
Resolution: #70-190
Cost: Total Cost Not to Exceed
524;440.00
KATHLEEN M. BARNEY, MMC
Municipal Clerk
Notary Public of New Jersey
7
Cr-
Kathleen M. Barney MC
Municipal Clerk
Sworn and subscribed before
me this day of C'c�
LINDA A. RIVERA
NOTARY PUBLIC. OF NEW JERSEY
MY COMMISSION EXPIRES MAY 21 2016
BOROUGH OF CARTERET
100 COOKE AVENUE
CARTERET, NEW JERSEY 07008
THIS AGREEMENT: made this 17 111 of September 2015
By and between: Potter Architects, LLC
410 Colonial Avenue
Union, NJ 07083
And the Borough of Carteret a municipal Corporation having its Principal Office at the
Borough Hall, 61 Cooke Avenue, Carteret, New Jersey 07008
As per Resolution Number 15 -190.
THE CONTRACTOR does hereby agree to perform the following: PROFESSIONAL SERVICE CONTRACT
FOR SPECALIZED ARCHITECTURAL SERVICES IN CONNECTION WITH THE SPORTSMAN'S PROPERTY
PROJECT PRELIMINARY & CONSTRUCTION DOCUMENT PHASES.
NOT TO EXCEED $24,440.00
According to the terms set forth in the Resolution.
THE BOROUGH does hereby agree to pay the Contractor the sum set forth in the Resolution.
IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals or caused these
presents to be signed by their proper corporate offices and their corporate seals to be hereto
affixes, the day and year written above.
WITNESSED BY:
BOROUGH OF CART
BY: bwzj
Daniel J. Reim n
Mayor
Kathleen M. Barney (/J!
Municipal Clerk
For the Corpor