HomeMy Public PortalAboutr 22-079�Reoalufiou .>af f4t 190ro 4 of (gar exe#, NM 45,
No. #22 -79
Date of Adontion March 24, 2022
AUTHORIZING A PROFESSIONAL SERVICES CONTRACT FOR
ARCHITECTURAL SERV ICES WITH POTTER ARCHITECTS —
ROOF SURVEYS AND FEASIBILITY STUDY FOR VARIOUS LOCATIONS
IEAS, the Borough of Carteret is in need of specialized architectural services in
:tion with the Roof Surveys and Feasibility Study for seven (7) building locations
the Borough; and
AS, Potter Architects, 410 Colonial Avenue, Union, New Jersey 07083,
the requisite experience and expertise to provide said services; and
ERE AS, Potter Architects has submitted a proposal to provide said services at a total
not to exceed $33,850.00; and
the Mayor and Council have reviewed said proposal; and
EREAS, the Chief Financial Officer certifies that funds are or will be available for
purpose. Acct.# 2- 01 -20- 165 -254
)W, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough
Carteret, County of Middlesex, State of New Jersey, as follows:
The proposal of Potter Architects for specialized architectural
services in connection with the Roof Surveys and Feasibility Study
for seven (7) building locations in the Borough at a total cost not to
exceed $33,850.00 is hereby approved.
2. Annexed hereto is a copy of said proposal.
3. This action is approved as an award of a professional services
contract pursuant to N.J.S.A. 40A:11- 5(1)(a) in accordance with
the Borough's Fair and Open Process as authorized by law.
Adopted this 24" day of March, 2022
and certified as a true copy of the
original on March 25, 2022.
CARMELA POGORZELSKI, RMC
Municipal Clerk
RECORD OF COUNCIL VOTE
COUNCILMAN
YES
NO
NV
AX,
COUNCILMAN
YES
NO
NV
A.B.
BELLINO
X
,JOgAL
X
DIAZ
X
DIMASCIO
X
NAPLES
X
X- Indicate Vote Ali - Absent NV -Not Voting XOR- Indicates Vote to Overmle Veto
Adopted at a meeting of the Municipal Council
,.1 March 24, 022
Municipal,clerk
AFFIDAVIT OF PUBLICATION
The following is a true copy of an Ordinance or Resolution of
the Borough of Carteret that has appeared in the Home News
Tribune, a newspaper which is printed in Freehold, New
Jersey and published in Neptune, in said County and State and
of general circulation in said county. One 1 time(s), once in
each issue as follows:
March 30, 2022
9"" ///'
Notary Public of New Jersey
DANA ARCHEVAL
NOTARY PUBLIC OF NEW JERSEY
My Cofnl$ission Expires Jan. 12, 2027
Sworn and subscribed before
me this So�4 day of Na j, o z
Municipal Clerk
BOROUGH OF CARTERET
TICE OF CONTRACT AWARD
arteret has awarded a contract wl
as a Professional 5",, pursuant to N
:ontract and the resolution authod. ogg
upection In the !Office of the Municipal
,ved as an award of Professional Se
N.J.S. A. 90AA 1-5(1)(a). In accordance wh
)an Process as authorized by law.
Architects
goy for various locations.
9
:eed $33,850.00 billable In accordant
ski, RMC
OROUG:H OF C.AWERET agoi s'.
MUNYCIML CUBIC
Dide: March II{ 2022
To: Pah'ick Daillasio
Borough of Carteret
RE9UEST FOR CERTIFICATION OF AVAILABLE FUNDS
leor; AUTHORIZING A PROFESSIONAL SERVICES CONTRACT FOR ARQlIYrFCTURAL SERVICES
WITH POTTBR ARCHITECTS — ROOF SURVEYS AND FEASIBILITY STUDY FOR VARIOUS LOCATIONS
Resolution 9: #22 -79
Name of Aceounl; PQrrBR ARCI llTECTS
AMOUNT 1'O BE CNCIIMBFRCD: $33,850,00 CA MELA POO RtELS$I
Acting Municipal Clerk
CERTIFICA'T'ION OF AVAILABILITY OF FUNDS
I, Treasurer of 0he Borough of Cartercl, do hereby certify (hat there me sufficient Omds nvailable hi the current
budget (o enable the Municipal Council (o mtlhorizo iho eulering into it Contract between the Borough of Cm(ercl
mid;
an l) t Ol '`e. r`7
The Amdsavaihtble for (ills contract are In the Budget, In (lie account or'.
In 1110 amount of:
By this ccrlifientloil, I have hereby encumbered Ito above named account for Ilse amotmt of the contract pending
Council action.
Putricl6beflltsio
Treasurer
e
Dale: ?fcl ae>, *_a
MelnoJ'la,MWItc1p1l)3niidiug. a 61C001ce.Avellue ® Carteret, Now jusey07003
xelt 732.541 -3800 (9 Pax: 732 - 5425 0 101& C CgD
mivww,carteretnet
Potter Architects
Architecture and Planning L.L.C.
410 Colonial Avenue • Union, NJ 07083 -7347
Registered Architects
September 29, 2021
Mr. John DuPont, P.E.
Borough Engineer, Municlpal Building
Carteret Borough Engineering Dept.
61 Cooke Ave.
Carteret, NJ 07008
Proposal No. P2021039
Roof Surveys for Seven Locations
Borough of Carteret
Various Locations
Carteret, NJ
Dear John:
Licensed Professional Planners
n1EhIDEROP
AMERICAN INSTFFUTE of ARCnITP.C!rS
NEWARK AND SUBURBAN CTNPTER
NATIONAL CY)UNCTL OEARCRITEMIRAL REG. BOARDS
D.O.C.A. INTERNATIONAL
REG. w, Nr, PA, C
Established 1932
It was a pleasure meeting with you to discuss the proposed Roof Surveys and Feasibility Study for Seven Building
locations within the Borough of Carteret. The buildings will include:
1. The Library (flat roof) 100 Cooke Ave
2. The Recreation Center (two hip roofs) 280 Pershing Ave
3. Holy Family Gym 143 Emerson Street
4. St. Alias Church 42 Cooke Ave
5. St. Mary's Church 719 Roosevelt Ave
6. Rite Aid 160 Washington Ave
7. First Aid Building 315 Pershing Ave.
Please find two copies of Proposal No. P2021039 enclosed for your review. Please refer to the enclosed "Project
Program Description ", "Estimated Fee Schedule" and "Attachments" to obtain a description of the architectural services
and the 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, P.O., and resolution. If you have any questions please do not
hesitate to contact me. Thank you.
Sincerely,
Glen R. Potter for Potter Architects
Signature
Name rvdnt) Mr. John DuPont, P.E.
Tile wfint) Borough Engineer
p(otter':it)potterarehitects.com (908) 646 -2547 Fax (9118) 686 -8430
Potter Architects
Architecture and Planning L.L.C.
410 Colonial Avenue • Union, NJ 07083 -7347
Registered Architects
Licensed Professional Planners
RILNUIEROP
AMERICAN INSTITUTE OF ARCUITBBCI'8
NENVARRAND SUBURBAN CHAPTER
NATIONAL. COUNCIL OF ABCRITL+ UMU, REO. BOARDS
B.O.C.A. INTERNATIONAL.
REO. N, NY, PA, Cr
Project Program Description
Roof Surveys for Seven Locations
Borough of Carteret
Various Locations
Carteret, NJ
Proposal No. P2021039
September 29, 2021
I. SCOPE OF WORK AND BUDGET:
Established 1932
It is our understanding that the Borough of Carteret wishes for our firm to create a report to include surveys of existing
building roofs at Seven (7) Locations. There was damage to these roofs during the Hurricane Ida weather event.
The locations Include:
1. The Library (flat roof) 100 Cooke Ave, Carteret
2. The Recreation Center (two hip roofs) 280 Pershing Ave, Carteret
3. Holy Family Gym 143 Emerson Street, Carteret
4. St. Alias 42 Cooke Ave, Carteret
5. St. Mary's Church 719 Roosevelt Ave, Carteret
6, Rite Aid 160 Washington Ave, Carteret
7. First Aid Building 315 Pershing Ave, Carteret,
Potter Architects will create a written report on roof conditions, create budgets, and write a program to Implement the
work. There Is no set budget at this time.
Our work will Include the following at each of the seven (7) locations;
A. Field examination of the existing roof surfaces and cores with a Garland representative.
B. Create existing roof plan diagrams, CAD drafted.
C. Create a draft report for review, to Include recommendations on replacing the roofing components, and schematic
budgets.
D. Create a final report.
II, ADDITIONAL INFORMATION:
A. Any bid packages resulting from this report will be prepared under separate contract.
B. The report does not Include any hazmat surveys.
C. Fees, services and conditions listed In this proposal shall be performed under AIA B141,
D. Our project contact will be Mr. John DuPont, PE, Borough Engineer, Borough of Carteret, NJ.
p ettcrlir7pottcratThitccts.cortt (908) 686 -2547 Fax (9tM) 6H6 -8430
Potter Architects
Architecture and Planning L.L.C.
410 Colonial Avenue • Union, NJ 07083 -7347
Registered Architects
Licensed Professional Planners
Estimated Fee Schedule
Roof Surveys for Seven Locations
Borough of Carteret
Various Locations
Carteret, NJ
Proposal No. P2021039
September 29, 2021
MEMBER OF
AMERICAN INSTITUTE OF ARCDITEC78
NEWARK AND SUBURBAN CHAPTER
NATIONAL COUNCIL OFAHCHrFIa7FURALRL +G, BOARDS
D.O.C.A. INTF.IMMONAI.
REG. NJ, NY, PA, CT
Established 1932
Document existing building roof conditions with Garland Representative (site visits, measure and
photography); Development of concept level existing roof plans; Coordination of Owner supplied data;
Development of project program; Project development scheduling and budget; recommendations on
roofing replacement/repairs at Seven (7) Various Borough of Carteret buildings.
Estimated Professional Services Total 100.00% $33,850.00
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.
patter•:riipotternrchitectv.com (908) 686 -2547 Fax (908) 686 -84311
Potter Architects
Architecture and Planning L.L.C.
410 Colonial Avenue • Union, NJ 07083 -7347
Registered Architects
Licensed Professional Planners
MEMBER OF
AMERICAN INSTITUTE OF ARCHITECTS
NEWARK AND SUBURBAN CHAPTER
NATIONAL COUNCIL Or ARC] IFFM URAL REG. BOARDS
B.O.C.A. INTERNATIONAL
REG. NJ, NY, PA, CT
Hourly Compensation Rates
Roof Surveys for Seven Locations
Borough of Carteret
Various Locations
Carteret, NJ
Proposal No. P2021039
September 29, 2021
Principal /Partner
$250.00 /Hr,
Project Manager /Associate
$215.00 /Hr.
Project Architect
$185.00 /Hr.
Staff Architect
$170.00 /Hr.
Intern Architect
$160.00 /Hr.
Interior Designer
$150.00 /Hr.
Draftsperson (Level II)
$150.00 /Hr.
Draftsperson (Level 1)
$125.00 /Hr.
Administrative /Clerical
$90.00 /Hr.
Non technical Staff
$75.00 /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.
Established 1932
potterC(i)potternrchiteelv.cum (908) 666 -2547 Fax (909) 686 -8431)
Attachments
Roof Surveys for Seven Locations
Borough of Carteret
Various Locations
Carteret, NJ
Proposal No. P2021039
September 29, 2021
The proposal includes two (2) opportunities for Owner to review and approve Study/Report prior to Issuance of final report. This review process is normally sufficient.
Any further feasibility work requested by Owner will be billed out at our hourly rates.
When Potter Architects, L.L.O, (PA) Is ready to prepare your final feasibility study documents with your final changes, we will require your acceptance in writing.
THE FOLLOWING SERVICES ARE NOT BEING PROVIDED IN THIS AGREEMENT and shall be considered Additional Services and compensated for as provided in
applicable subparagraphs of this contract agreement, or provided by Owner.
Model or professional rendering of proposed project design.
Professional (digital computer) rendering of proposed project.
Detailed construction cost estimate of proposed project design.
Site / Civil engineering /surveys and /or landscape design /consultations.
Foundation Plans
Sol] / Hydrogeological I Geotechnical engineering, tests, reports, etc.
Surveying services.
Mechanical, Electrical, Plumbing, Fire protection engineering or design services.
Structural engineering or design services.
Destructive or other structural testing of existing building components.
Preliminary Roof Plans.
Preliminary Architectural Plans.
Architectural Construction Documents.
Shop Drawing Review.
On -site representation beyond basic services allowance of (1) site visit per building.
Printing beyond allowance of (6) copies of report.
Travel expenses beyond allowance of (100) miles.
Postage /delivery expenses beyond allowance of ($100).
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 documents and legal, accounting, and insurance counseling services.
Bidding phase assistance: solicitation of bids, review and /or evaluation of bids received, negotiation of contract(s), etc.
Construction management.
Construction administration / Construction phase assistance,
Preparation of as -built drawings (post-construction).
Coordination of separate contractors,
Leeds Certification /Accreditation.
M /E /P Building Modeling / Commissioning.
FUTURE PHASE - During construction, any site visits, geld changes, shop drawing reviews, as -built drawings, etc., shall be billed out at Hourly Rates as listed In the
Contract.
GENERAL CONDITIONS OF SERVICES
SCOPE OF SERVICES -The services to be provided by PA have been set forth In the Proposal I Project Program Description and shall remain valid for a period of 66
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 60 days from the date of acceptance. Terms and fees are subject to modification beyond that time frame.
ACCEPTANCE OF CONTRACT - Recelpt of a purchase order following the presentation of this Contract will be legally Interpreted by the Architect as the Client's
acceptance of all terms and conditions of this Contract, even In the absence of the Client's actual signature on the Contract. The Architect will proceed under this
assumption.
COMPLETION OF SERVICES -The architectural services contained within this proposal shall be deemed "complete" upon the occurrence of the following milestone
Upon delivery of Final Report / Study documents.
Please note that any extension of services beyond above milestone shall be deemed "Additional Services" and billed In accordance with Hourly Rates listed In the
Contract.
EXECUTION OF CONTRACT -The Individuals executing this Contract (signatory), 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 scope of services can only be adjusted or revised with a typewritten,
signed change order or scope modification agreement. The signatory will also be responsible for payment and for authorizing additional services, If applicable.
RIGHT TO ADVERTISE - PA shall have the right to furnish and display a temporary sign at the jobsile during the construction time period; PA 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 stated as a lump sum, shall be based upon Scope of Services, and shall not be exceeded without written approval of the Client. Where the
fee arrangement is to be on an hourly basis, the rates shall be those that prevail at the time services are rendered,
Attachment Page A 1
BILLINGS/ PAYMENTS -Please note that payment Is due upon completion of each phase of the work, Final Construction Drawings will not be released unlit 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
attorney 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
unpaid invoices. Use of instruments of service Is contingent upon payment for services In full.
SUSPENSION/TERMINATION OF SERVICES - This Agreement may be terminated or suspended for convenience by either party by thirty (30) days written notice, or
in the event of substantial failure to perform in accordance with the terms of the Agreement by the other party through no fault of the terminating party by ten (10) days
written notice. If this Agreement Is terminated, it Is agreed that PA shall be paid the total charges for labor and material performed to the termination notice date, plus
reimbursable charges. 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 (arms of the Contract, and PA
may, 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 (c
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. Architect has no duty to perform services or to allow use of Instruments of service on delinquent accounts. If services are suspended due to
non- payment, Architect will restart services when account is restored to good standing.
PHASING -Phasing of the project and /or splitting the drawings into two or more phases or separate projects, for any reason, requires additional resources and effort.
Therefore, if at any point the client requests same, this will be considered a change in scope and additional fees will apply In accordance with this agreement,
STANDARD OF CARE - Services performed by PA under this agreement will be conducted in a manner consistent with the level of care and skill ordinarily exercised
by members of the profession currently practicing In the same locality under similar conditions. No other representation, expressed or Implied, and 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 orother
independent contractors retained by PA.
HIDDEN CONDITIONS- PA shall not be responsible for hidden conditions of the existing structure or site. Hidden conditions are conditions which are not readily
visible to the human eye,
ZONING INTERPRETATIONS - Please note that we will make every attempt possible to successfully Interpret the zoning regulations In order to property design your
project within the guidelines of your township zoning ordinances. This may also include meeting with township officials to get Interpretations of township zoning
regulations pertaining (o 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 Inured 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 (he 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 inapplicable
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 our work, Owner is responsible to order all mark -outs. If location of underground utilities is Included under the Scope of Services, These locations will be based
upon visible Identification marks left by the respective utility companies or upon locations that can be visually Identified from the ground surface. Unless other
contractual agreements are made, this Proposal does not Include testing, opening or entering manholes, Inlets, trenches, or other utility access ways forthe 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 or
set forth In "Termination and Suspension ".
CERTIFICATIONS - Client agrees NOT to require that PA execute any certification with regard to Services performed or Work tested and )or observed under this
Agreement unless: 1) PA believes that It has performed sufficient Services to provide a sufficient basis to Issue the certification; 2) PA believes that the Services
performed or Work tested and /or observed meets the criteria of the certification; and 3) PA has reviewed and approved in writing the exact form of such certification
prior to execution of this Agreement and has Included cortification(s) In the Scope of Services. Any certification by PA is limited to an expression of professional
opinion based upon the Services performed by PA, and does not constitute a warranty or guaranty, either expressed or Implied.
ENERGY EFFICIENT DESIGN - PA will exercise reasonable efforts to design and specify products and /or systems that achieve energy performance expectations or
LEED Certification expectations that are expressly called for In this Contract, if any. PA 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 claims, 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 (hat 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.
9/29/2021 Attachment Page A 2 Proposal No. P2021039
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 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. 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 claims or
damages arising from any unauthorized use, reuse or extension of PA's work. Potter Architects, L.L.C. (PA) expressly reserves Its common -law 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 (ADR) - All claims, disputes, and other matters In controversy between PA and Client arising out of or in any way related U
this Agreement will be submitted to mediation before and as a condition precedent to other remedies provided by law. If a dispute at law arises related to the services
provided under this Agreement and that dispute requires litigation Instead of ADR as provided above, then 1) Client assents to personal jurisdiction In the stale 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 orjudiclal jurisdiction; and 3) If PA prevails, PA will be entitled to recovery of all reasonable costs
incurred, Including staff time, court costs, attorneys fees, and other claim related expenses.
SAFETY AND CONSTRUCTION SCHEDULE - PA Is not responsible for the implementation, discharge, or monitoring of construction safety standards or practices.
These Items are explicltly excluded from our Scope. PA shall not have conlrol over or charge of and shall not be responsible for construction means, methods,
techniques, sequences, or procedures, or for safely 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 fallure 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, orof any other person performing any portion of the work.
"'SITE VISITS / OBSERVATION "`not Included In this proposal"' - In the event PA Is retained to provide site Nsitsiobservalion, 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 famflarwith 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 lest 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 wilt 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 vfill 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.
9/2912021 Attachment Page A 3 Proposal No, P2021039