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HomeMy Public PortalAboutr 18-247�jesofnttilo of the �arough of Tarterd N. 1� No. 18 -247 Date of Adoption lrsriber 27, 20 18 AUTHORIZING A PROFESSIONAL SERVICES CONTRACT FOR ARCHITECTURAL SERVICES WITH POTTER ARCHITECTS — BOROUGH POLICE DEPARTMENT — INTERIOR RENOVATIONS WHEREAS, the Borough of Carteret is in need of specialized architectural services in connection with the interior renovations to the Borough Police Department; 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 $17,950.00; 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. C'C 4 ' 99-999-2 1 8 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 interior renovations for the Borough Police Department at a total cost not to exceed $17,950.00 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 27 day of December, 2018 and certified as a true copy of the original on December 28, 2018. KATHLEEN M. BARNEY Municipal Clerk CARNQA ASPS A--4-4-- 01-1- RECORD OF COUNCIL VOTE COUNCILMAN YES NO NV I A.B. COUNCILMAN YES NO NV A.B. BEL L RD DIAZ X KRM DR4As LO y NAPLF" X X - Indicate Vote AB - Absent NV - Not Voting XOR - Indicates Vote to Overrule veto Adopted at a meeting of the Municipal Council er 7 20 8 �� w 4 g( � - L a- u ■ S418925 Borough of Carteret f . T F OFFICE OF KATHLEEN AT. BARNEY, RAIL /CHIC MUNICIPAL CLERIC 08:25:23 a.m. 12 -12 -2018 1 /2 'Pvruix�h of &rfsrsf MIDDLESEX COUNTY TEL (732) 541 -3800 1?AX (732) 541 -8925 61 COOKE AVENUE CARTERET, NEW JERSEY 07048 Date: December 12, 2018 To: Patrick DeBlasio Treasurer Borough of Carteret REQUEST FOR CERTIFICATION OF AVAILABLE FUNDS For: AUTHORIZING A PROFESSIONAL SERVICES CONTRACT FOR AP SERVICES WITH POTTER ARCHITECTS -- BOROUGH POLICE DEPARTMENT - INTERIOR RENOVATIONS. Name of Account• RESOLUTION #I H- Z AMOUNT TO BE El 1vCUMBERED: TOTAL COST NOT TO EXCEED $17,950.00. BILLABLE WITH POTTER ARCHITECT'S EXISTING CONTRACT WITH THE BOROUGH. ZIT�HLEENM. — BAR MMC Municipal Clerk CERTIFICATION OF AVAILABILITY OF FUNDS I, Treasurer of the Borough of Carteret, do hereby certify that there are sufficient funds available in the current budget to enable the Municipal Council to authorize the entering into a Contract between the Borough of Carteret and; The funds available for this contract are in the Budget in the account of: DEC 1 2 2018 f)_y In the amount of By this certification, I have hereby encumbered the above named account for the amount of the contract pending Council action. PatriclAeBlasio Treasurer Date: Potter Architects Architecture and Planning L.L.C. 410 Colonial Avenue • Union, NJ 07083 -7347 Registered Architects Licensed Professional Planners November 14, 2018 Mr. John DuPont, P.E. Carteret Borough Engineer 61 Cooke Ave. Municipal Building Carteret, NJ 07008 Proposal No. P2018004 Carteret Borough Police Department - Interior Renovations 230 Roosevelt Avenue Carteret, NJ NUIINMFROF ANiMV- N 1NSTrnrrF OF ARC@TTF.M NMA" AND SIIBIIRDA.'�CMA TER NATIONAL COUNCIL OF ARCInrEcruRAL REG DOMWt, HQCA. INTWR MONAL REG. `7J, NY, P3. CT Established 1932 Dear John, it was a pleasure meeting with you to discuss the proposed Carteret Borough Police Headquarters - Interior Renovations located at 230 Roosevelt Avenue, Carteret, NJ. Please find two copies of Proposal No. P2018004 enclosed for your review. The scope of architectural services we vAll 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 took forward to providing the architectural services you require and will begin upon receipt of a signed proposal, purchase order, and resolution. If you have any questions please do not hesitate to contact me. Thank you. Sincerely, Signature '� i � Name t�tJ Mr John DuPont, P.E. 1it'e ,Print) Borough Engineer ThomasR. fffor :Architects Date,P:nt) A �� i A pt Mvt ,potterarchitects.com (908) 686 -2547 Fax (908) 686 -6430 Potter Architects Architecture and Planning L.L.C. 410 Colonial Avenue • Union, NJ 07083 -7347 Registered Architects Licensed Professional Planners Established 1932 Project Program Description Carteret Borough Police Department - Interior Renovations 230 Roosevelt Avenue Carteret, NJ Proposal No. P2018004 November 14, 2018 I. SCDPE OF WORK AND BUDGET: It is cur understanding that the Borough of Carteret intends to renovate existing various spaces at the Carteret Public Safety Building (aka Carteret Police Department). This project will be constructed with IN -HOUSE forces for all of the work required, including general construction, mechanical /HVAC, electrical, plumbing, fire protection, and technology. The anticipated conceptual construction budget range is unknown at this time. The design will include interior alterations to existing spaces per our SECOND meeting held on 9/26/18, in the Carteret Police Department offices. II. PROFESSIONAL SERVICES: Our professional services will include the following items: a. Measure and photograph affected building areas and produce accurate as -built drawings. b. Prepare preliminary plans as required to obtain approval. c. Prepare construction plans as required for permits and construction, to include: 1. New Interior Floor Plan layout. 2. New Reflected Ceiling plan. 3. Room Finish Schedule. 4. Door and Window schedules. 5. Reuse of existing HVAC systems (show relocation of supply /return registers /layout only). 6. Reuse of existing Electrical systems (show relocation of light fixtures /switches /layout only). d. Conduct up to (2) meetings with Owner during Preliminary Design phase, to provide full understanding of scope prior to preparation of Construction Documents. e. Provide limited assistance with bidding /obtaining quotes for the work (we can provide further service upon request). f. Provide limited construction observation as necessitated by progress of the work. Interact with contractor and act as Owner's liaison for all Owner /Contractor communications; Review and process contractor's product submittals; Review and process contractor's requests for payment; Review and process any necessary change orders for owners' credits / additional work / unforeseen conditions encountered during construction; create punch list (we can provide further service upon request). g. Specific Areas of work to include: 1. Expand Work Station Area by Holding Area for additional work stations. 2. Seal off Holding Area and move Captain's Office door to hallway. 3. Ventilate Captains Office. 4. Add space to Women's Locker Room, add Breast Feeding Area; convert old I.T. closet; reconfigure area. 5. Sound Proof Juvenile Office and Move Wall out into Lobby; rework entry foyer as needed. III. ADDITIONAL INFORMATION: a. PROJECT IS NOT GOING OUT FOR BID. ALL WORK IS TO BE DONE IN HOUSE. This project will be constructed with in -house forces for all of the work required. Assistance with a public bid or price quotes is not anticipated or included. b. The project will be reviewed locally for permits. Drawings will assume re -use of all existing mechanical /HVAC, electrical, plumbing, fire protection, and technology systems. Professional Engineering of these systems is anticipated to be very limited. c. Any hazmat/asbestos identification or abatement services will be provided by Owner under separate contract. d. Our sole project contact will be: John DuPont, PE - Borough Engineer. MEMBER OF AMERICAN INSTITUTE OF ARCHITECTS NEWARK AND SUBURBAN CHAPTER NATIONAL COUNCIL OF ARCHITECTURAL REG. BOARDS B.O.C.A. INTERNATIONAL REG. NJ, NY, PA, CT patter',iit erai..chitects.cam (�Jili�;a fi�2 7 Fp� ('� J� 686-8430 Potter Architects Architecture and Planning L.L.C. 410 Colonial Avenue • Union, NJ 07083 -7347 Rgistered Architects Licensed Professional Planners Established 1932 Estimated Fee Schedule Carteret Borough Police Department - Interior Renovations 230 Roosevelt Avenue Carteret, NJ Proposal No. P2018004 November 14, 2018 Schematic Desig 10.79% $2,00.00 Coordination of Owner supplied data; Field Survey and Photography; Development of existing building plansf-Design program analysis. Pieliminary / Design Development 25.00% $5,950.00 Development of preliminary floor plan design; Construction assemblies and building materials research; Building code research, review & interpretations; Provide preliminary documents for review and approval. Construction Documents 55.79% Construction Documents to include Building Floor Plans, details, sections & notes as required; Finish, door & window schedules; Provide signed & Sealed documents for permit filing. Bidding or Negotiations 2.10% $500.00 Limited Services are being provided for this phase. We can provide further services on a T & M basis. Construction Adminis _ 6.30% $1,500.00 Limited Services are being provided for this phase. We can provide further services on a T & M basis. Estimated Professional Services Total 100.00% $23,800.00 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. I MEMBER OF AMERICAN INSTITUTE OF ARCHITECTS NEWARK AND SUBURBAN CHAPTER NATIONAL COUNCIL OF ARCHITECTURAL REG. BOARDS B.O.C.A. INTERNATIONAL REG. NJ, NY, PA, Cr Patterf&otkerainchcteets,ciom (9118) 686 -2:547 fox (9008) A86-8430 Potter Architects Architecture and Planning L.L.C. 410 Colonial Avenue • Union, NJ 07083 -7347 Registered Architects Licensed Professional Planners Established 1932 Hourly Compensation Rates Carteret Borough Police Department - Interior Renovations 230 Roosevelt Avenue Carteret, NJ Proposal No. P2018004 November 14, 2018 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. potter,rilpntterarcMtect&Cuni (.908) 68642.547 ax (9 } 680 -=t 3l) MEMBEROF AMERICAN INSTITUTE OF ARCHITECTS NEWARK AND SUBURBAN CHAPTER NATIONAL COUNCIL OF ARCHITECTURAL REG. BOARDS B.O.C.A. INTERNATIONAL REG. NJ, NY, PA, CT Attachments Carteret Borough Police Department - Interior Renovations 230 Roosevelt Avenue Carteret, NJ Proposal No. P2018004 November 14, 2018 A. DESCRIPTION OF BASIC SERVICES (SEE ESTIMATED FEE SCHEDULE) 1. Predesign Services Phase: Ths phase includes documentation of existing building plans; coordination of Owner supplied data; confirmation/ refinement of development of project and building program. P oter Architects, L.L.C. (PA) or one of their representatives will conduct the initial meeting at the location of the proposed construction with the Owner, and will then peform a follow -up visit to measure and photograph for preparation of "as- built" drawings (pre - construction). 2. Preliminary Design Phase: Th's phase includes preliminary floor plan drawings. Thr proposal includes two opportunities for Owner to review and approve drawings prior to final construction drawings. This review process is normally sufficient Anl further preliminary design work or changes to final drawings requested by Owner will be billed out at our Hourly Rates as listed in the Contract Whan 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 corstrudon documents. 3. Construction Documents Phase Bulding floor plans, Construction details, sections & notes as needed; Finish, door & window schedules; Signed & Sealed documents for permit filing; City of Summit to handle submission of plans for permits. Thi> phase includes the following drawings: Proposed (as cleated to specific areas of interior renovation per the Project Program Description): Floor Plans /Interior Floor Layout Design General Building Specifications Building Sections and Details as needed Interior Lighting, Switching and Electric Outlet Layout Interior Exit and Emergency Lighting Layout Reflected Ceiling Plan Room Finish Schedule Door & Window Schedule (NOTE: door hardware will be indicated "to match existing ") Mechanical, Electrical, Plumbing, Fire Protection and Technology layout drawings will be diagrammatic in nature for use by in -house mechanics - sealed Professional Engineer plans will be provided as required. All items as noted above will be shown on Architectural Plans as required for permits and construction. This phase includes Eight (8) complete sets of working drawings. Additional plans for construction of building, revisions, Planning Board, Board of Adjustment etc. will be invoiced at $5.00 per sheet Changes required by the local construction department for the purpose of issuing construction permits will be PA's responsibility. 4. Eidding Phase: NIC - Services are not being provided for this phase. We can provide these services on a T & M basis. 5. Construction Oversight/Administration Phase: NIC - Services are not being provided for this phase. We can provide these services on a T & M basis. B. ADDITIONAL SERVICES 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: Exterior Building Signage Design. Model or professional rendering of proposed project design. Detailed construction cost estimate of proposed project design. Site/ Civil engineering and /or landscape design /consultations. Soil/ Hydrogeological / Geotechnical engineering, tests, reports, etc. Changes to design that are requested by the Owner after completion of Preliminary Design Phase. Shop Drawing Review. Printing beyond allowances noted. Travel expense beyond allowance of (60) miles. Postage /delivery expenses beyond allowance of ($50) Preliminary designs beyond basic services allowance of two (2) schemes. Bidding phase assistance: solicitation of bids, review and /or evaluation of bids received, negotiation of contract(s), etc. Construction management. On -site representation during construction. Construction Observation /Administration /Construction phase assistance. Preparation of as -built drawings (post - construction). Coordination of separate contractors. Testing services. 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. C. HOURLY RATE SCHEDULE Refer to attached Hourly Rates Schedule D. ADDITIONAL INFORMATION 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 60 days from the date of the Proposal, after which PA may elect to withdraw or renegotiate this Proposal. All services not specifically identified are excluded from PA's scope and will only be performed in accordance with a written amendment to the Proposal outlining the exact services and the associated fees. Once signed, the rates and fees quoted in this proposal will be valid for 90 days from the date of acceptance. Terms and fees are subject to modification beyond that time frame. Attachment Page A 1 COAPLETION OF SERVICES - The architectural services contained within this proposal shall be deemed "complete" upon the occurrence of the following milestone: Upn delivery of sealed Construction Documents. Plese note that any extension of services beyond above milestone shall be deemed "Additional Services" and billed in accordance with the Hourly Rates listed in the Cotract EXCUTION OF CONTRACT- The individuals executing this Contract (signator), if acting on behalf of partnership, corporation, funding agency or public entity repasent that they have the authority to do so, and to bind the entity to this Agreement The scope of services can only be adjusted or revised with a typewritten, siged change order or scope modification agreement The signator will also be responsible for payment and for authorizing additional services, if applicable. FZI (HT TO ADVERTISE - The Architect shall have the right to furnish and display a temporary sign at the jobsite during the construction time period; the Architect may utille project drawings /photographs for promotional use. ASIIGNMENT- 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 Co,tract FEI - 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 feearrangement is to be on an hourly basis, the rates shall be those that prevail at the time services are rendered. BILINGS / 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 FAST 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 attoney fees. 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 unpid invoices. Use of instruments of service is contingent upon payment for services in full. SUWENSION/fERMINATION OF SERVICES - This Agreement may be terminated or suspended for convenience by either party by thirty (30) days written notice, or in tla 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 reinbursable 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 if not paid per terms of the Contract, and PA mal without waiving any claim or right against the Client, and without liability whatsoever to the Client, terminate the performance of service. PA reserves the right to stop work until 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 or to allow use of instruments of service on delinquent accounts. If services are suspended due to nonpayment, PA 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. Theefore, 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 ST /NDARD 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 nembers of the profession currently practicing in the same locality under similar conditions. No other representation, expressed or implied, and no warranty or gua. 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 properly 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 regdations 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. PA will take no responsibility for any interpretation or recommendation others may make. Fees for additional analysis or investigation shall be paid by the Client Failure of Client to agree to and pay for additional analysis shall be deemed as substantial failure to perform in accordance with the terms of this Agreement STANDARDS AND CODES - If the work under the Contract is to be performed in accordance with, or where the deliverables and instruments of service resulting from our work will be reviewed against codes, standards and regulations, the edition or revision of said codes, standards and regulations in effect as of the date of this Agreement will apply. Any revisions to documents or other additional work caused by the application of a more recent code, standard or regulation shall be considered a Changed Condition under this Agreement In addition, any revisions or additional work required by regulatory agencies which are not explicitly outlined in applicable codes, standards or regulations will also be considered a Changed condition under this Agreement. RIGHT OF ENTRY - The Client shall provide for right of entry for all PA personnel and equipment necessary to perform the intended scope of services. UTILITIES - PA will take reasonable precautions to avoid damage or injury to any visible subsurface utilities or structures. PA shall not be held responsible for damage to any underground utility or structure which has not been properly 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 utility companies or upon locations that can be visually identified from the ground surface. Unless other contractual agreements are made, this Proposal does not include testing, opening or entering manholes, inlets, trenches, or other utility access ways for the purpose of measuring, identifying, or location said utilities. CHANGED CONDITIONS - If PA discovers conditions or circumstances that it had not contemplated at the commencement of this Agreement ("Changed Conditions "), PA will notify client in writing of the Changed Conditions. Client and PA agree that they will then renegotiate in good faith the terms and conditions of this Agreement If PA and Client cannot agree upon amended terms and conditions within 30 days after notice, PA may terminate this Agreement and be compensated as set forth in "Termination and Suspension ". CERTIFICATIONS - Client agrees NOT to require that PA execute any certification with regard to Services performed or Work tested and /or observed under this Agreement unless: 1) PA believes that it has performed sufficient Services to provide a sufficient basis to issue the certification; 2) PA believes that the Services 11/14/2018 Attachment Page A 2 Proposal No. P2018004 pecrmed 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 pricto execution of this Agreement and has included certification(s) in the Scope of Services. Any certification by PA is limited to an expression of professional op6ion 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 exp?ctations or LEED Certification expectations that are expressly called for in this Contract, if any. The Architect does not, however, provide assurances that those peformance or certification expectations will be met RI&C 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 t hisAgreement, from any cause or causes, shall not exceed the total amount of PA's fee. NEEMNIFICATION - The Client shall indemnify and hold harmless PA and all of its personnel from and against any and all claims, damages, losses and expenses ( inCuding 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 while 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 whosr act any of them may be liable). NOSPECIAL 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 - 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 proect 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 thisAgreement, providing that plans and /or services have been paid for in full or per agreement. Client may not reuse, reprint or electronically distribute the doorments 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 wok 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 claims or danages 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 pro ?erty 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 thiii 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 nonpayment in full or per agreement for plans and /or services. ALTERNATIVE DISPUTES RESOLUTION (ADR) -All claims, disputes, and other matters in controversy between PA and Client arising out of or in any way related to thisAgreement will be submitted to mediation before and as a condition precedent to other remedies provided by law. If a dispute at law arises related to the services provided under this Agreement and that dispute requires litigation instead of ADR as provided above, then 1) Client assents to personal jurisdiction in the 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, 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. PA 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 Contractor's responsibility CONSTRUCTING the project PA shall not be responsible for the Contractor's schedules or failure to carry out the Work in accordance with the Contract Documents. This proposal is based upon the owner hiring a properly insured and NJ Licensed General Contractor to construct the entire project. 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. S ITE VISITS / OBSERVATION (not included in this proposal) - 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 (limited to the number of visits stated in the allowances), to become generally familiar with and to keep the Owner informed about the progress and quality of the Work completed, to endeavor to guard the Owner against defects and deficiencies in the Work, and to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, 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 Work does not include the investigation or detection of the presence of any biological pollutants in or around any structure. Client agrees that PA will have no liability for any claim regarding bodily injury or property damage alleged to arise from or be caused by the presence of or exposure to any biological pollutants in or around any structure. In addition, Client will defend, indemnify, and hold harmless PA from any third party claim for damages alleged to arise from or be caused by the presence of or exposure to any biological pollutants in or around any structure. The term "biological pollutants" includes, but is not limited to, molds, fungi, spores, bacteria, and viruses, and the byproducts of any such biological organisms. Unless PA's Scope of Services specifically includes Environmental Services, PA will not be responsible for the identification, delineation, evaluation, treatment or removal of any hazardous substance. ENTIRE AGREEMENT - This Proposal / Project Program Description / Fee Schedule / Hourly Rates / General Conditions constitute the entire Agreement between Client and PA. BUSINESS HOURS - Regular business hours of Potter Architects are Monday through Friday, 7:30a to 4:30p 11/14/2018 Attachment Page A 3 Proposal No. P2018004 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: January 7, 2019 J. Kathleen M. Barney, MMC7----` Municipal Clerk BOROUGH OF CARTERET NOTICE OF CONTRACT AWARD The Borough of Carteret has awarded a contract without competi- tive bidding as a Professional Service pursuant to N.J.S.A. 40A:11- 50)(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 a Professional Services Con- / tract pursuant to N.J.S.A.40A:11- 5(1)(a) in accordance with the Bor- ough's Fair and Open Process as authorized by law. Notary Publi o Je Awarded to: Potter Architects Services: Specialized Architectural Services in Connection with the Interior Renovations to the Borough Po lice Department CARMELA POGORZELSKI Resolution: 418 -247 NOTARY �t �(C OF ?a A' JERSEY Cost: Not to exceed $17,950.00, rate according to schedule. My Commission Expires 9/27/2022 Kathleen M. Barney, RMC/MMC Municipal Clerk ($19.36) Sworn and subscribeefore me this `���� day of / 7.�6 l C, Ad Number: 0003323824 Run Dates: 01/07/19 BOROUGH OF CARTERET NOTICE OF CONTRACT AWARD The Borough of Carteret has awarded a contract without competi- tive bidding as a Professional Service pursuant to N.J.S.A. 40A:11- 50)(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 a Professional Services Con- tract pursuant to N.J.S.A.40A:11- 5(1)(a) in accordance with the Bor- ough's Fair and Open Process as authorized by law. Awarded to: Potter Architects Services: Specialized Architectural Services in Connection with the Interior Renovations to the Borough Po lice Department Resolution: #18 -247 Cost: Not to exceed $17,950.00, rate according to schedule. Kathleen M. Barney, RMC /MMC Municipal Clerk ($19.36) 3323824 -01 JAN - 91019