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HomeMy Public PortalAboutr 16-034e olixtioxt of toe Poroug4 of &rteret, N- J, No . 16 -34 Date of Adoptio B �L1�ly 25 2016 I AUTHORIZING A PROFESSIONAL SERVICES CONTRACT FOR ARCHITECTURAL SERVICES WITH POTTER ARCHITECTS — BLAZING STAR CULTURAL CENTER ELEVATOR PROJECT WHEREAS, the Borough of Carteret is in need of specialized architectural services in connection with the Blazing Star Cultural Center Elevator Project preliminary and construction document phases; 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 $17,820.00; 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: The proposal of Potter Architects for specialized architectural services in connection with the Blazing Star Cultural Center Elevator Project preliminary and construction document phases at a total cost not to exceed $17,820.00 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 25" day of February, 2016 and certified as a true copy of the original on February 26, 2016, KATHLEEN M. BARNEY, NIMC Municipal Clerk RECORD OF COUNCIL VOTE COUNCILMAN YES NO N9' A.B. COUNCILMAN YES NO NV A.B. BMIM X Ml i X DIAZ X 1311m X DIMS= x . X , X - Indicate Vote AB Absent NV - Not Voting XOR - Indicates Vote to Overrule Veto Adopted at a meeting of the Municipal Council FebnBnj 25 , 2 016 Potter Architects Architecture and Planning L.L.C. 410 Colonial Avenue • Union, NJ 07083 -7347 Registered Architects February 11, 2016 Mr. John DuPont, P.E., Borough Engineer Carteret Borough Engineering Dept. 61 Cooke Ave. Municipal Building Carteret, NJ 07008 Proposal No. P2016007 Licensed Professional Planners Proposed Elevator (LULA) For Carteret Historical Building (Blazing Star Cultural Center) 63 Carteret Avenue Carteret, NJ Dear John: Established 1932 It was a pleasure meeting with you to discuss the proposed Proposed Elevator (LU /LA) For Carteret Historical Building (Blazing Star Cultural Center) located at 63 Carteret Avenue, Carteret, NJ. Please find two copies of Proposal No. P2016007 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. If you have any questions please do not hesitate to contact me. Thank you. Sincerely, signature Name iPnnu ME\IREROF A. \IEMC. N LN'SFRLTE OF.tRCRITECTS NEWARK AND SUBURBAN CRAPTER NATIONALCOUMI. OF ARCHITECTURAL REO. BOARDS H.O.C.] INTERNATIONAL REC.. NJ,NY, PA, CT Mr. John DuPont, P.E. TAIe (Pow) Borough Engineer Thomas R. Potter for Potter Architects Date IP4nu pnitcr'ri'puttcrarchilccts. con (908) 686 -25.17 Fax (908) 680 -8430 Potter Architects Architecture and Planning L.L.C. 410 Colonial Avenue • Union, NJ 07083 -7347 Registered Architects Licensed Professional Planners Project Program Description Established 1932 Proposed Elevator (LULA) For Carteret Historical Building (Blazing Star Cultural Center) 63 Carteret Avenue Carteret, NJ Proposal No. P2016007 February 11, 2016 I. SCOPE OF WORK AND BUDGET: It is our understanding that The Borough of Carteret wishes for our firm to create Construction Documents for the construction of a new elevator (limited use /limited access LU /LA) for the Carteret Historical Building located at 63 Carteret Avenue, Carteret, NJ. This work is based on preliminary meeting with the Borough and Cooke Avenue Developers (CAD) AKA the Developer - Builder. Under this proposal, we will be providing Architectural Design drawings for permits, and limited services for bidding phase and construction administration phase. Construction assistance is limited to (4) site visits and assistance with shop drawing and payment application review. The project will be publicly bid by CAD acting as Borough Construction Manager (CM). The general scope of this work includes the following: • Construct the new elevator on the westerly side of the building, near the existing cellar way. • New access door from each of three floor levels. • Material specifications will be on drawings. • Overall estimated budget is to be determined by CAD. • The Borough intends to construct this work utilizing CAD as the CM and a public bid process lead by CAD. 11. PROFESSIONAL SERVICES: Our firm will provide Architectural Services for Construction Documents and Construction Assistance as follows: A. Conduct meetings with Borough personnel and CAD to provide understanding of scope prior to preparation of construction documents. B. Review existing building conditions; prepare existing drawings. C. Prepare sealed plans as required for permits. D. Provide limited services as outlined for bidding and construction administration phases. III. ADDITIONAL INFORMATION A. Asbestos /hazardous material investigation will be performed by the Owner's hazmat consultant. Any hazmats and /or ACM's will be identified and removed under separate contract. B. Our work for this project will include visual observation, as well as interviews with Borough personnel. Also, during our initial investigation, we may be making recommendations for further investigation, as well as testing, the costs of which will be the responsibility of the Owner. C. Borough will provide property survey, geotechnical study, and topography plan for project. D. All services beyond outlined scope will be invoiced on a time and material basis, if requested. E. The primary contact for this project will be Mr. John DuPont, P.E., Borough Engineer. The contact for Borough CM will be Mr. Ted Steckbeck of CAD. VENDER OF .UIF.IRC,V LCSTITUTE OF,NCDFFECFS NEWARK AND RRRUao aN CRAFTER NA"O(IN11LCTUNCILOFARCiIUE( IIRAI.IiE(:. BOARDS AO.C.I. INI SI NATIONAI, PA, cr potterii' pot tc I'll rehitccls.com (908) 686 -25.17 fax (9118) 686-8430 Potter Architects Architecture and Planning L.L.C. 410 Colonial Avenue • Union, NJ 07083 -7347 Registered Architects Licensed Professional Planners MEMBEROF AMERICAN EXS FFUTE OF ARCHITECTS NEWARK AND SRRIIRRW CRAMER NATIONAL COUNCTU OF ARCHUE1.7V RAH, REG. BOARDS D.O.C.A. HNTERNATIONAHL, RFX;. NJ, NT, PA, CT Established 1932 Estimated Fee Schedule Proposed Elevator (LULA) For Carteret Historical Building (Blazing Star Cultural Center) 63 Carteret Avenue Carteret, NJ Proposal No. P2016007 February 11, 2016 Predesign Services /Site Ant Document existing building conditio Owner supplied data; Development Development of existing plar project and building program. 14.59% $2,600.0 Development of preliminary design; Construction assemblies and building materials research; Building code research, review & interpretations; Design development of structural systems; Coordination with Owner's consulting engineers; Preliminary documents for review and approval. Building floor plans, elevations & sections; Construction details& notes; Foundation & structural details & notes; Electrical power plan for elevator; Signed & Sealed documents for permit filing. bidding as required. Construction A is to lead this activity; Our work is limited to 13.63% Cooke Avenue Developers is to lead this activity; Our work is limited to (4) site visits during construction, and assistance with shop drawing review and payment application review. Estimated Professional Services Total 100.00% $17,820.00 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. poltcr'u pottcrarchitccls. cum (908) 686 -25.17 Fax (908) 686 -8430 Potter Architects Architecture and Planning L.L.C. 410 Colonial Avenue • Union, N7 07083 -7347 ]IE.IIBER OF NE\\'ARK AND SUBURB, N CILMER NATIONAL COUNCIL OF ARCHIWt:r11 U, REG. BOARDS RO.C.A. IN ER.NAEIONAL REG. N.1, NS, PA, CT Registered Architects Licensed Professional Planners Established 1932 Hourly Compensation Rates Proposed Elevator (LULA) For Carteret Historical Building (Blazing Star Cultural Center) 63 Carteret Avenue Carteret, NJ Proposal No. P2016007 February 11, 2016 Principal /Partner $225.00 /Hr. Project Manager /Associate $190.00 /Hr. Project Architect $155.00 /Hr. Staff Architect $145.00 /Hr. Intern Architect $135.00 /Hr. Interior Designer $125.00 /Hr. Draftsperson (Level II) $125.00 /Hr. Draftsperson (Level 1) $110.00 /Hr. Administrative /Clerical $80.00 /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. poticr4r�puticrarchitccls.com (908) 686 -25.17 hay (908) 686.8430 Proposed Elevator (LULA) For Carteret Historical Building (Blazing Star Cultural Center) 63 Carteret Avenue Carteret, NJ Proposal No. P2016007 February 11, 2016 The proposal includes two opportunities for Owner to review and approve drawings prior to final construction drawings. This review process is normally sufficlent Any further preliminary design work or changes to final drawings requested by Owner will be billed out at our hourly rates." When Potter Architects, L.L.C. (PA) is ready to prepare your final construction documents with your final changes, we will require your acceptance in writing to proceed with 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, fixtures, equipment, etc. Exterior Building Signage Design. Model or professional rendering of proposed project design, Detailed construction cost estimate of proposed project design. Site! Civil engineerng and /or landscape desigNconsullations. Foundation Plan including special soil conditions or piling design. Site / Civil engineering and /or landscape design /consultations; we recommend the City/Township ufilize their Engineering Department for this service. Sod / Hydrogeological / Geolechnicel engineering, tests, reports, etc. Surveying services. Preliminary floor plants) designs beyond basic services allowance of two (2) schemes. Changes to design that are requested by the Owner after completion of Design Development phase. On -site representation beyond basic services allowance of (4) site visits. Printing beyond allowance of (4) sets of preliminary plans and (B) sets of final plans and project manuals. Photocopies beyond allowance of (500) coples. Travel expense allowance of (150) miles. Postage /delivery expenses. Review fees, permit fees, etc. Testing services; hazmat abatement Special Inspections for materials and work as may be required by codes and/or municipal code enforcement. Legal review of bid 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 and/or coordination of separate contractors. Construction administration / Construction phase assistance. Coordination of separate contractors. Testing services. Preparation of as -built drawings (post- consWction), as this will be a requirement of the Contractor in the Construction Contract. Leeds Certification / Leeds Accreditation. M /EP Building Modeling/ Commissioning. Please note that other than elevator power diagram, detailed mechanical, electrical, plumbing, HVAC, sprinkler & fire alarm, information technology/computerwidng and hardware, engineering and /or consultations are not Included in this fee. GENERAL CONDITIONS OF SERVICES SCOPE OF SERVICES - The services to be provided by PA have been set forth in the Proposal / Project Program Description and shall remain valid for a period of 90 days from the dale 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 Certificate of Substantial Completion and Punch List- Please note that any extension of services beyond above milestone shall be deemed "Adtlitional Services" and billed in accordance with the Hourly Rates listed In the 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 authority to do so, and to bind the entity to this Agreement The signaler will also be responsible for payment and for authorizing additional services, if applicable. RIGHT TO ADVERTISE - PA shall have the right to famish and display a temporary sign at the jobsile during the construction time period; PAt may utilize project drawings /photographs for promotional use. ASSIGNMENT - This Contract is not assignable except with the prior written consent of PA, and no assignment shall relieve the signatory of any obligations under this Contract FEE - The total fee, when staled 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. 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 after billing, the client shall pay cost of collection, including reasonable altomey tees. If collection agency is needed to collect unpaid fees, client will 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 SUS PEN SIONytERMINATION OF SERVICES -This Agreement maybe 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 lemnnagng 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. Failure to meet the payment schedule outlined in this Agreement 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 shall be considered PAST DUE ff not paid per terms of the Contract, and PA may, without waiving any daim or right against the Client and without liability whatsoever to the Client, terminate the performance of service. PA reserves the right to slop work until invoices are paid in full. Client agrees that any delays, daims or losses associated with stopping of work under these circumstances will not be the responsibility of PA. PA 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 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. INFERRED CONDITIONS - Conditions may vary from those which are visibly observed at the locations of open structure or other such visible conditions. PA will base interpretations, recommendations and design upon conditions inferred from the conditions observed. Client recognizes that any future determination of conditions different than those which were encountered at the observable locations may significantly impact the interpretation, recommendations and design provided by PA. Any such variation of conditions should be brought to the prompt attention of PA to assess the impact of the variations on the previously provided Interpretations, recommendations and design. PA will take no responsibility for any Interpretation or recommendation others may make. Fees for additional analysis or investigation shall be paid by the Client. Failure of Client to agree to and pay for additional analysis shall be deemed as substantial failure to perform in accordance with the terms of this Agreement. STANDARDS AND CODES -If the work under the Contract is to be performed in accordance with, or where the deliverables and instruments of service resulting from our work will be reviewed against codes, standards and regulations, the edition or revision of said codes, standards and regulations in effect as of the date of this Agreement will apply. Any revisions to documents or other additional work caused by the application of a more recent code, standard or regulation shall be considered a Changed Condition under this AgreemenL 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 night of entry for all PA personnel and equipment necessary to perform the intended scope of services. UTILITIES- PA will lake 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 ourwork. 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 unity 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 - It PA discovers conditions or circumstances that it had not contemplated at the commencement of this Agreement ( "Changed Conditions "), PAw71 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 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 Nbrk 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 cep cation 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, d any. The Architect does not, however, provide assurances that those 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 (including reasonable attorney fees) arising out of or resulting from the performance of PA, to the extent that any such daims, damage, loss or expense is caused in whole or in part 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 orothercause orcauses whatsoever. OWNERSHIP OF DOCUMENTS - The plans as articles of service are, and will remain, the property of Potter Architects, L.L.C. (PA). Plans and/or services for this project may not be 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. Client may not reuse, reprint or electronically distribute the documents for this project or for any extension of the project or other project without PA's prior written consent. Any unauthorized use, reuse or extension of PA's work will be considered a violation, and is at Client's sole risk and without liability to PA, and Client will indemnify, defend, and hold PA harmless from all daims or damages arising from any unauthorized use, reuse or extension of PA's work. Potter Architects, L.L.C. (PA) expressly reserves its commonlaw, copyright and other property rights in these plans and /or services. These plans are not to be reproduced, changed or copied in any manner whatsoever, nor are they to be assigned any third party, without first obtaining the express written permission and consent of PA. PA reserves the right to withdraw plans from permitting agencies in the event of non - payment in full or per agreement for plans and /or services. ALTERNATIVE DISPUTES RESOLUTION (AOR) -AII claims, disputes, and other matters in controversy between PA and Client arising out of Orin anyway related to 2/11/2016 Attachment Page A 2 Proposal No. P2016007 this Agreement will be submitted to mediation before and as a condition precedent to other remedies provided bylaw. If a dispute at law arises related to the services provided under this Agreement and that dispute requires litigation instead of AOR 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 or judicial jurisdiction; and 3) If PA prevails, PA wit] be entitled to recovery of all reasonable costs incurred, including staff time, court costs, attorney's fees, and other claim related expenses. SAFETY AND CONSTRUCTION SCHEDULE - PA is not responsible for the implementation, discharge, or monitoring of construction safety standards or practices. These items are explicitly excluded from our Scope. The Architect shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the work, since these are solely the Contractors responsibility CONSTRUCTING Ne project PA shall not be responsible for the Contractors schedules or failure to carry out the Work in accordance with the Contract Documents. This proposal is based upon the owner hiring a properly insured and NJ Licensed General Contractor to construct the entire project- PA 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, upon request, shall visit the site at Intervals appropriate to the stage of construction flimited 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 Nark, 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, 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 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 lAbrk 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 arse from or be caused by the presence of or exposure to any biological pollutants in or around any structure. In addition, Client will defend, indemnity, and hold harmless PA from any third party claim for damages alleged to arse from or be caused by the presence of or exposure to any biological pollutants in or around any structure. The tens - 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 / Houdy 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. 2/11/2016 Attachment Page A 3 Proposal No. P2016007 OFFICE OF KATHLEEN M. BARNEY. RMCIC) MUNICIPAL CLERK C' JJ_ j9JT94 Jaf Garf2rL>f MIDDLESEX COUNTY ,efu Tersev Date: 2/16/16 T0: Patrick DeBlasio, Treasurer Borough of Carteret REQUEST FOR CERTIFICATION OF AVAILABLE FUNDS: For: AURIORIZIDIG A PROFESSICR4L SM CE3 03NMCF FOR ALCLI SERVICES WIIII LC7M ARQIIIFM - BLAZING STAR CULTURAL ELFWOR PRW Name of Account: RESOLULTCN # 16- AMOUNT TO BE ENCUMBERED: at a total cast not to exceed $17,820.00 CERTIFICATION OF. AVAILABILITY OF FUNDS I, Treasurer of the Borough of Carteret, do hereby certify that there are sufficient funds available in the current budge Ct� OFC",�� enable the Municipal Council to authorize the enteringtto a s Contract between the Borough of Carteret and: Elpit 9 ?016 The funds available £or this contract are in the Dudget,�'d p the C<, account, in the amount of: 17 ,' By this certification, I have hereby encumbered the above named account for the amount oF'the contract ending Council action. Potri¢ DeBlasio, Treasurer DATE: L/ /(> 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 time(s), once in each issue as follows: March 11, 2016 Notary Public of New Jersey LINDA A. RIVERA NOTARY PUBLIC OF NEW JERSEY swornMMMk6;W[XffiE6 02 me this ! day of /�'? c vc a 9-c;t C Kathleen M. Barney, MM {' Municipal Clerk Ad Number: 0001114760 Run Dates: 03111/16 BOROUGH OFCARTERT NOTICE OF CONTRACT AWARDED The Borough of Carteret has awarded a contract without competitive bidding as a professional service pursuant to N.1.S.A. 40A:11 -5 (1) (a). This contract and the resolution authorizing it are available for public inspection in the office of the Municipal Clerk. This action is approved as an award of Professional Services Contract pursuant to N.1.S.A.40A:11- 5(1)(a) in accordance with the Borough's Fair and Open Process as authorized by law. Awarded to: Potter Architects Services: Architectural Services , Re: Blazing Star Cultural Center Elevator Project. Resolution : #16 -34 Cost: Not to Exceed $17,820.00 KATHLEEN M. BARNEY, MMC Municipal Clerk ($14.52) 00111476001 y 0 C/3 fz-�,�k a G U