HomeMy Public PortalAboutr 23-148- �Rnalufivu of of (garfad, N, 4,
No. #23-148 Date of Adoption June 8, 2023
AUTHORIZING A PROFESSIONAL SERVICES CONTRACT FOR
ARCHITECTURAL SERVICES WITH POTTER ARCHITECTS —
PROPOSED ROOFING AT VARIOUS LOCATIONS
WHEREAS, the Borough of Carteret is in need of specialized architectural services in
connection with the proposed roofing at various locations within the Borough and HVAC
at Fire Headquarters; 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 $290,800.00; and
WHEREAS, the Mayor and Council have reviewed said proposal; and
WHEREAS, the Chief Financial Officer certifies that funds are or will be available for
said purpose.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough
of Carteret, County of Middlesex, State of New Jersey, as follows:
1. The proposal of Potter Architects for specialized architectural
services in connection with proposed roofing at various locations
in the Borough and I-IVAC at Fire Headquarters at a total cost not
to exceed $290,800,00 is hereby approved.
2. Annexed hereto is a copy of said proposal.
3. This action is approved as an award of a professional services
contract pursuant to N.J.S.A. 40A:11-5(1)(a) in accordance with
the Borough's Fair and Open Process as authorized by law.
Adopted this 8'h day of June, 2023
and certified as a true copy of the
original on June 9, 2023.
CARMELA POGORZELSKI, RMC
Municipal Clerk _
RECORD OF COUNCIL VOTE
COUNCILMAN
YES
NO
I NV
A.B, li
COUNCILMAN
YES
NO
NV
A.B.
BELLINO
X
JOHAL
X
DIAZ
X
KRUM
X
DIMASCIO
X
NAPLES
X
X- Indicate Vote AB - Absent NV -Not Voting XOR- Indicates Vote to Overrule Veto
Adopted at a meeting of the Municipal Council
June 8 20 3 (/
rmnicrspal �Qaeryt 7 �}
The following is a true copy of an Ordinance or Resolution of
the Borough of Carteret that has appeared in the Home News
Tribune, a newspaper which is printed in Freehold, New
Jersey and published in Neptune, in said County and State and
of general circulation in said county. One 1 time(s), once in
each issue as follows:
June 19, 2023
'l
Cardiela Pog r is
Municipal Clerk
Notary'"#blic of New Jersey
IENNIF R 1, OTERO
Notary Punk •Stale of New Jersey
Commisslon # 50.18.8983
M Comm, Ex ire$ Mar. 31 2027
Sworn andjubscribed before
me this L� day of 0;3 :�
BOROUGH OF CARTERET
NOTICE OF CONTRACT AWARE)
The Borough of Carteret has awarded a contract without compatRive bidding es a Professional Service
pursuant to NA.S.A. 40AA /-5(p(a). This contract and the resolution authorizing It are available for
ppublic inspection in the Office of the Munkippal Clerk. This action is approved as an award of
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.
Awarded to: Potter Architects
Services: Professional Architectural Services for Proposed Roofing at Various
Location,
Resolution U23-148
Cost: Not to exceed $290,800.00 billable in accordance with the existing contract.
Carinela Pogorzelski, AMC
($23.40) Municipal Clerk
Potter Architects
Architecture and Planning L.L.C.
410 Colonial Avenue • Union, NJ 07083-7347
Registered Architects
June 1. 2023
Mr. John DuPont, P.E.
Borough Engineering Department
61 Cooke Ave.
Municipal Building
Carteret, NJ 07008
Proposal No. P2023029
Licensed Professional Planners
Proposed Roofing at Various Locations + HVAC at Fire HQ
Various
Carteret, NJ
Dear John:
MEM➢EROF
AMERICAN INSTITUTE OFARCIIITECTS
NEWARK AND SUBURBAN CRAM](
NATIONAL COUNCIL OF Ancin rRuruRAL REO. ROAnos
➢.O,C.A. INTERNATIONAL.
RF.O. NJ, NY, PA, Cf
Established 1932
It was a pleasure meeting with you to discuss the proposed Proposed Roofing at Various Locations + HVAC at Fire HQ,
Carteret, NJ.
Please find two copies of Proposal No. P2023029 enclosed for your review. The scope of architectural and engineering
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 and engineering
services you require and will begin upon receipt of a signed proposal and a purchase order. If you have any questions
please do not hesitate to contact me. Thank you.
Sincerely,
Thomas R. Potter for Potter Architects
Signature
Name rPdnt)
Mr. John DuPont, P.E.
Tdle tPdnp Borough Engineer
Date (Pnnp
polteVftt7potterareldteciN.eom (908) 686-2547 Fax (908) 686-8431)
Potter Architects
Architecture and Planning L.L.C.
410 Colonial Avenue • Union, NJ 07083-7347
Registered Architects
Licensed Professional Planners
NIIB,tEF,R OF
AMERICAN INSTITUTE OF ARCIIITECrS
NEWARK AND SUBURBAN CHAPTER
NATIONAL COUNCIL OF ARCI11=UItAI, RE.G. BOARDS
B.O.C-A. INTERNATIONAL
RW NJ, NY, PA, CT
Established 1932
Project Program Description
Proposed Roofing at Various Locations + HVAC at Fire HQ
Various
Carteret, NJ
Proposal No. P2023029
June 01. 2023
IA - SCOPE OF WORK AND BUDGET - ROOFING REPLACEMENTS:
It is our understanding that the Borough of Carteret (Borough) wishes to replace the existing roof on:
1) Carteret Public Library / Senior Center - Roof replacement to include new skylights, new HVAC curbs, drains,
(lashings etc. Standing seam roofs are not to be replaced.
2) Carteret Fire Headquarters - Roof replacement to include new HVAC curbs, drains, (lashings etc.
3) West Carteret Fire House - Roof replacement to include new HVAC curbs, drains, fleshings etc.
4) Holy Family Gym - Roof replacement to include new HVAC curbs, drains, flashings etc. - Gym only.
5) St. Elias School - Limited roof repairs to include new flashings, drain repairs, etc. - limited to available FEMA funds.
The new roofing systems will be a Garland modified bitumen torch applied roof, installed in accordance with Garland
Industries recommendations. This will include evaluation and replacement of existing HVAC curbs, skylights, and
associated appurtenances. The construction budget for the project is in the range of $ 2,800,000 to $3,100,000 based
on current market rates, to include a 5% contingency. The project will be bid as a PLA.
IIA. PROFESSIONAL SERVICES - ROOFING REPLACEMENTS:
GENERAL:
Our work will include the following;
1) Examination of the existing roof surfaces with Borough Rep and a Garland representative at all locations.
2) Review of existing drainage pattern, drains, HVAC curbs, skylights.
3) Specify the new roofing system and associated appurtenances, based on Garland modified bitumen torch applied
roofing products.
4) Review and coordinate new HVAC systems at the Carteret Fire Headquarters with the new roofing.
5) We assume that there are no structural deficiencies in the existing roof structures, as none have been reported or
observed during our visits.
6) Asbestos/hazardous material investigation will be required by the Owner's hazmat consultant. Any ACM's will be
removed by the roofing contractor in accordance with applicable laws.
7) A bid package will be prepared, after observation of the above elements.
8) Our work for this project will include visual observation, as well as interviews with maintenance personnel. Also,
during our initial investigation, we may be making recommendations for destructive investigation, as well as testing,
the costs of which will be the responsibility of the Owner. There may also be some unit pricing applicable to this
project, since some of the corrective work may be hidden.
9) We may recommend an additional bid package be set up at a later date to cover above -budget items, should there
be inadequate funding within the project budget to accomplish this work.
10) We will review the possibility of adding lightning protection systems to each building, which is not included in the
current scope or budgets.
continued...
polteVitttpolterorchitcels.com (908) 686-2547 Fax (908) 686-8430
Project Program - Carteret Roofing and HVAC - Various Locations
June 1, 2023
Page 2
A. Schematic Design Phase:
1) Site survey/investigation Phase:
a. Perform site visit(s) as required to observe and document the existing conditions of the roof systems as they relate
to this project and proposed scope of services.
b. Review available existing documents, including as -built drawings, specifications, shop drawings and maintenance
manuals.
c. Survey the existing roofs to determine existing conditions.
d. Interview building maintenance personnel on individual problems and existing issues.
e. Attend meetings to review Owner concerns and project scheduling.
f. Prepare as -built drawings of the existing building suitable for preparation of construction documents.
B. Preliminary Design Phase:
1) Preparation of preliminary documents for the roof systems.
2) Attend design submission review meetings.
3) Prepare plans and documentation as required to obtain preliminary approval.
C. Construction Document Phase:
1) This will include the preparation of detailed construction documents and specifications for the systems and
equipment.
2) Asbestos/hazardous material investigation will be required by the owners hazmat consultant. Any ACM design will
be handled by Owner under separate contract, in accordance with all applicable laws. Roofing contractor will be
required to abate ACM roofing materials with the project.
3) Prepare plans and specifications as required for bids, permits, and construction. Plans and specifications will be
prepared in accordance with applicable local and state requirements. These will incorporate the AIA A-201 General
Conditions of the Contract.
4) Submit plans for local permit review.
D. Bidding Phase:
1) Assist Owner in obtaining bids, contractor selection and assist in obtaining all necessary start-up documentation,
etc. We will provide a complete package and specifications, including forms for Owner/Contractor contract, etc.
2) Respond to Requests for Information (RFI's).
3) Attend pre -bid meeting. This project will be publicly bid with a mandatory PLA.
4) Attend Bid Opening.
5) Tabulate Bids, review the bid proposals, and offer a recommendation along with the Borough's counsel for the
selection of a contractor.
E. Construction Phase:
1) Attend project kick-off meeting.
2) Review submittals and shop drawings for those systems and equipment designed and/or specified.
3) Respond to Requests for information (RFI's) during construction.
4) Review change order requests.
5) Review payment requests.
6) Perform bi-weekly site observation visits (or as needed) to observe construction progress. Interact with contractor
7) Preparation of a site observation visit report for each site observation visit performed.
8) Perform one (1) site observation visit upon the Substantial Completion of the construction for the purpose of
preparing the Punch List,
9) Prepare and distribute Punch List; Issue Certificate of Substantial Completion.
10) Perform one (1) site observation visit to confirm completion of Punch List (upon notification from Contractor).
11) At Final Completion, assist Owner in obtaining all necessary bonds, guarantees and close-out documentation;
Authorize final payment to Contractor.
continued...
Project Program - Carteret Roofing and HVAC - Various Locations
June 1, 2023
Page 3
IB. SCOPE OF WORK AND BUDGET - HVAC WORK - FIRE HQ:
It is our understanding that the Borough of Carteret wishes to Replace and Upgrade the HVAC systems at the Carteret
Fire Headquarters, 230 Roosevelt Avenue, Carteret, NJ. Generally included are (3) packaged roof top units, (3) mini
split systems, HVAC controls system, fire alarm upgrades, structural modifications for HVAC support, roof safety
protection, (2) new roof hatches, and (2) permanent roof convenience ladders.
The investigation work will include visual observation, as well as interviews with maintenance personnel as required.
The existing HVAC systems will be replaced/upgraded.
PROJECT BUDGET - The estimated total Construction Budget for the Carteret Fire Headquarters HVAC Upgrade
project is $550,000 - $600,000.00, based upon the information supplied by the Borough of Carteret, building users,
various site investigations, communication with Township officials, construction code requirements and health safety
and welfare concerns. This includes a 5% construction contingency.
Note: This budget does not include upgrades to the Primary Electrical Service (PES) at Fire Headquarters. It is
assumed that the new installations replacing the old HVAC equipment will use less power and be more efficient than
the previous HVAC Equipment thereby not requiring an upgrade to the PES.
The assumption is that we are connecting to existing ductwork, so only minor modifications to connect to the new
RTU's are included.
The Nederman vehicle exhaust system for the fire trucks is currently down and will be handled directly by the fire
department (not in the project scope).
Building Management System (BMS) is optional.
Hazmat consulting and abatement are by Owner under separate contract
IIB. SCOPE OF PROFESSIONAL SERVICES - HVAC WORK - FIRE HQ:
A. Schematic Design Phase:
1) Site survey/investigation Phase:
a. Perform site visit(s) as required to observe and document the existing conditions of the HVAC systems as they
relate to this project and proposed scope of services.
b. Review available existing documents, including as -built drawings, specifications, shop drawings and maintenance
manuals.
c. Survey the existing HVAC Systems to determine existing conditions and equipment capacities and conditions. Any
existing equipment not operating due to age or maintenance issues shall be noted.
d. Interview building maintenance personnel on individual problems and existing issues.
e. Become aware of any future growth plans for the building that would affect the existing and proposed HVAC
Systems.
f. Attend meetings to review Owner concerns and project scheduling.
g. Prepare as -built drawings of the existing building suitable for preparation of construction documents.
2) Report
a. Prepare a brief report identifying obsolete, improperly operating equipment, or undersized equipment.
b. Prepare descriptions of the recommended additions, modifications or replacements.
c. Opinions shall be given as to concerns, solutions and costs.
B. Preliminary Design Phase:
1) Preparation of preliminary documents for the systems and equipment designed and/or specified. The preliminary
documents will be prepared in the following formats:
2) Attend design submission review meetings to include the Architect, Owner and Engineer. (up to two meetings)
3) Prepare plans and documentation as required to obtain preliminary approval.
continued...
Project Program - Carteret Roofing and HVAC -Various Locations
June 1, 2023
Page 4
C. Construction Document Phase:
1) Electrical:
Design the upgrades of the existing Electric Panels and Wiring (distribution electric panels and wiring downstream
from the PES). As applicable to the Fire Headquarters, the design shall include:
a. Distribution feeders from the PES to the last level of the electrical distribution down to the Panel board level.
b. Distribution Panelboards/Switchboards.
c. Motor Control Centers.
d. Dry -Type Transformers.
f. Panel boards.
2) This will include the preparation of construction documents for the systems and equipment designed and/or
specified.
3) HVAC Upgrades:
a. Plumbing Design/Engineering: The plumbing work shall consist of designing service piping as required to support
proposed HVAC equipment, such as gas piping, hot water piping and condensate piping.
Electrical Design/Engineering: The electrical design work shall consist of circuiting and replacing/adding the Electrical
Panels and Wiring (Distribution panels and wiring downstream from the PES as needed to support the HVAC
upgrades and circuiting of new mechanical equipment. The design shall also include typical modifications to the fire
alarm system as required to coordinate with the proposed HVAC upgrades.
Note: The scope of work and project budget does not include PES upgrades. The PES will be evaluated as part of our
Initial Assessment phase only. If it is determined that the PES needs to be upgraded, the additional construction costs
and associated design fees will be submitted for your review and approval. In the event of a PES upgrade, all parties
should assume a shutdown of power for a period of time to be determined, over the changeover, and determine a new
location for the new PES. Replacement or upgrading of the existing branch circuits down stream of the panel board
distribution level (lighting, receptacles, motors, miscellaneous) is not included with this proposal.
b. Mechanical Design/Engineering: The mechanical work shall consist of replacing three (3) existing split systems
consisting of interior air handlers and rooftop condensers with three (3) new rooftop package units. Also replace and
add three (3) mini splits for the office areas/volunteer area and add one (1) mini split for the equipment storage room
in the ambulance building wing. The new design shall utilize the building's existing ductwork when possible. The
existing air distribution systems will be analyzed for compliance with the current code requirements, and shall be
modified/upgraded as necessary. All new equipment shall be compatible with and tied into a building management
system. Safety barriers shall be provided for new rooftop equipment located within 10 feet of the roof edges.
Structural Engineering: The structural design work shall consist of analyzing the existing roof structure's capability to
support new rooftop equipment, and design of any new modifications required to support the new equipment and/or
roof penetrations.
c. Architectural/Structural: Provide (2) new roof hatches and permanent convenience roof ladders; framed roofing
penetrations for new roof top HVAC units.
4) Asbestos/hazardous material investigation will be required by the owners hazmat consultant. Any ACM abatement
design and contracting (if required) will be handled by Owner under separate contract, in accordance with all
applicable laws.
5) Prepare plans and specifications as required for bids, permits, and construction. Specifications shall be located on
the drawings and Plans and specifications will be prepared in accordance with applicable local and state
requirements. These will incorporate the_AIA A-201 General Conditions of the Contract.
continued
Project Program - Carteret Roofing and HVAC - Various Locations
June 1, 2023
Page 5
6) Submit plans for local permit review.
D. Bidding Phase:
1) Assist Owner in obtaining bids, contractor selection and assist in obtaining all necessary start-up documentation,
etc. We will provide a complete package and specifications, including forms for Owner/Contractor contract, etc.
2) Respond to Requests for Information (RFI's).
3) Attend pre -bid meeting. This project will be publicly bid with a mandatory PLA.
4) Attend Bid Opening.
5) Tabulate Bids, review the bid proposals, and offer a recommendation along with the Borough's counsel for the
selection of a contractor.
E. Construction Phase:
1) Attend project kick-off meeting.
2) Review submittals and shop drawings for those systems and equipment designed and/or specified.
3) Respond to Requests for information (RFI's) during construction.
4) Review change order requests.
5) Review payment requests.
6) Perform bi-weekly site observation visits (or as needed) to observe construction progress. Interact with contractor
7) Preparation of a site observation visit report for each site observation visit performed.
8) Perform one (1) site observation visit upon the Substantial Completion of the construction for the purpose of
preparing the Punch List.
9) Prepare and distribute Punch List; Issue Certificate of Substantial Completion.
10) Perform one (1) site observation visit to confirm completion of Punch List (upon notification from Contractor).
11) At Final Completion, assist Owner in obtaining all necessary bonds, guarantees and close-out documentation;
Authorize final payment to Contractor.
III. TIME LINE -ALL WORK
A. Time Line (approx.)
4 months - Prepare plans/specs
2 months - Bid and Award
8 months - Construction (material order time included for roofing and HVAC products)
2 months - Contingency
--------------------------------------
16 months - Total
NOTE: CONSTRUCTION COMPLETION TIMES ARE SUBJECT TO CHANGE DUE TO ISSUES WITH
INCONSISTENT DELIVERY AND/OR AVAILABILITY OF MATERIALS AT THIS TIME.
continued...
Project Program - Carteret Roofing and HVAC -Various Locations
June 1, 2023
Page 6
IV. OTHER CONDITIONS:
1) Work is to commence upon receipt of the signed proposal.
2) Fees, services and conditions listed in this proposal shall be performed under our annual AIA B141 contract which
is on file at the Borough of Carteret.
3) Owner will assist Architect/Engineer in the gathering of information for utility requirements of Owner.
4) Owner to provide trade support as required.
5) Owner will assist Architect/Engineer in the gathering of as -built drawings, shop drawings, O&M manuals,
commissioning reports, etc., from the Owner concerning all existing M/E/P/FP systems that require extension and/or
modification for this project.
6) The Owner shall furnish the services of Joseph Agliata, who is familiar with the M/E/P/FP systems of the building
and can confirm existing conditions with Architect/Engineer during its survey of the buildings.
7) Owner will provide for all hazmat consulting and/or abatement under separate contract. Owner will be responsible
for the identification and design of all hazmat abatement associated with this project.
8) This project will be bid as a lump sum for all of the work required. All the work will be performed via a public, lump
sum combined bid, by a Roofing Contractor (PLA /union to be specified). This will include the HVAC work at the Fire
Headquarters. The project is to be bid as soon as possible, with award planned for Fall/Winter 2023.
9) We may be making recommendations for testing, the costs of which will be the responsibility of the Owner.
10) The Owner may hire a Construction Manager, to oversee the project, at their own expense.
11) Our project contact will be Mr. John DuPont, PE, Borough Engineer, Borough of Carteret, NJ.
12) The Owner represents that the project has been adequately funded.
13) The project is to be submitted and reviewed locally for permits.
14) Joseph Agliata will be acting as the Borough Construction Representative (Borough Rep) for this project, and will
assist with the design phases and construction oversight services during the Construction Administration phase.
15) Items not included: Any other items not listed in Scope of Work.
Potter Architects
Architecture and Planning L.L.C.
410 Colonial Avenue • Union, NJ 07083-7347
Registered Architects
Licensed Professional Planners
Estimated Fee Schedule
NIEn1BF.ROF
AMERICAN INSTITUTE OF ARCHITECTS
NEWARK AND SUBURBAN CILIPTER
NATIONALCOUNCILOFARCIIITBCrURA[.IIEO. BOARDS
B.O.CA INTERNATIONAL
O. NJ, NW, PA, RECT
Proposed Roofing at Various Locations + HVAC at Fire HQ
Various
Carteret, NJ
Proposal No. P2023029
June 01,2023
Established 1932
Schematic Design 10.00% $29,080.00
Coordination of Owner supplied data; Development of existing building plans and elevations.
Preliminary / Design Development 20.00% $58,160.00
Preliminary roof and FHQ HVAC plan(s); Design development of approved preliminary design;
Construction assemblies and building materials research; Building code research, review & interpretations;
Preliminary documents for review and approval.
Documents
Building roof plans, elevations; Construction details & notes; Project Manual, Bid documents &
specifications; Signed & Sealed documents for permit filing.
Bidding or Negotiations 3.00% $8,724.00
Assist the Owner in establishing a list of bidders; Provide copies of construction documents for contractor
bidding; Contractor bidding and distribution of addenda; Review and evaluation of bids received; Analysis
of alternates and/or substitutions.
Construction Administration 25.00% $72 700.00
Project construction schedule monitoring; Review of submittals, substitutions, shop drawings, etc.; Review
of change orders, certificates of payment, etc.; Creation of punch list at substantial completion; Review of
final close-out documents.
Reproductions 2.00% $5,816.00
Prints and Book Specs (allowance of 10 sets)
Estimated Professional Services Total 100.00% $290,800.00
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.
poticn'fr?pollcnnrchltects.cum (908) 686-2547 Fax (908) 686-8430
Attachments
Proposed Roofing at Various Locations + HVAC at Fire HQ
Various
Carteret, NJ
Proposal No. P2O23O29
June O1, 2O23
GENERAL CONDITIONS OF SERVICES:
The proposal Includes two opportunities for Owner to review and approve drawings prior to final construction drawings. This review process is normally sufficient.
Any further preliminary design work or changes to final drawings requested by Ownerwill 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.
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.
Structural engineering and/or consultations, other than HVAC openings at Fire HQ.
Soil / Hydrogeological / Geotechnical engineering, tests, reports, etc.
Surveying services.
Foundation Plans
Preliminary designs beyond basic services allowance of two (2) schemes; Changes to design that are requested by the Owner after completion of Design
Development phase.
Preparations, submissions and appearances for zoning, planning or any other board or agency,
On -site representation beyond basic services allowance of (30) site visits.
Printing beyond allowance of (10) sets of final plans and project manuals.
Travel expense allowance of (200) miles.
Postage/delivery expense beyond allowance of ($250)
Testing services; hazmal 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.
Construction management.
Preparation of as -built drawings (post -construction).
Coordination of separate contractors.
Review fees, permit fees, etc.
Leeds Certification I Accreditation.
M/E/P Building Modeling /Commissioning.
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 30
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 1 year from the date of acceptance. Terms and fees are subject to modification beyond that time frame.
ACCEPTANCE OF CONTRACT- Receipt 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 Certificate of Substantial Completion and Punch List.
Please note that any extension of services beyond above milestone shall be deemed "Additional Services" and billed In accordance with Hourly Rates as listed in
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; the Architect 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. More the
fee arrangement is to be on an hourly basis, the rates shall be those that prevail at the time services are rendered,
BILLINGS I 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 podion 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.
Attachment Page A 1
SUSPENSION/TERMINATION 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 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 houdy 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
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 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
responsibllity 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 Ina 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 shot[ 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 thatwe will make every attempt possible to successfully interpret the zoning regulations in order to propedy design your
projectwithin the guidelines of your township zoning ordinances. This may also include meeting with township officials to get interpretations of township zoning
regulations pertaining to your specific project, If changes to the plans are required as a result of misinformation or inaccurate information conveyed to PA by township
zoning officials during the preliminary phase of your project, and result In any revisions to the final construction documents after township submission, additional fees
and charges may be Incurred by Client.
INFERRED CONDITIONS - Conditions may vary from those which are visibly observed at the locations of open structure or other such visible conditions. PA will base
interpretations, recommendations and design upon conditions inferred from the conditions observed Client recognizes that any future determination of conditions
different than those which were encountered at the observable locations may significantly impact the interpretation, recommendations and design provided by PA. Any
such variation of conditions should be brought to the prompt attention of PA to assess the impact of the variations on the previously provided interpretations,
recommendations and design. PA will take no (esponsibllity, 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 - Cilent 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 cedifcation; 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 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, N 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 whos(
acts any of them may be liable),
NO SPECIAL OR CONSEQUENTIAL DAMAGES - Client and PA agree that PA shall not be liable to Client for any special, indirect or consequential damages
whatsoever, whether caused by PA's negligence, errors, omissions, strict liability, breach of contract, breach of warranty or other cause or causes whatsoever.
OWNERSHIP OF DOCUMENTS - 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 prorwritten 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
6/1/2023 Attachment Page A 2 Proposal No. P2023029
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 copled 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 (AD R) -All claims, disputes, and other matters In controversy between PA and Client arising out of Orin anyway related to
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 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 or judicial 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 property 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 (limited to the numberof visits stated in the allowances), to become generally famiilarwith 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 of samples, contaminated samples, cuttings, hazardous materials, and other hazardous substances.
Client will take custody of all testing portals andlor 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 format 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 4:3op.
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