HomeMy Public PortalAboutr 04:112No. 0~,-112 Date of Adoption_~El:JL.2..~_ 2004
AUTHORIZING A PROFESSIONAL PLANNING SERVICES CONTRACT
WITH BEACON PLANNING AND CONSULTING SERVICES,
RE: ROOSEVELT AVENUE INDUSTRIAL AREA
WHEREAS, the Borough of Carteret is in need of professional planning services to
perform an area in need of redevelopment assessment, Roosevelt Avenue Industrial Area;
and
WHEREAS, Beacon Planning and Consulting Services, possesses the requisite
knowledge, skill and experience to complete said professional planning services; and
WHEREAS, Beacon Planning and Consulting Services has submitted a proposal for the
above described planning services in an amount not to exceed $20,000.00, a copy of
which is attached hereto; and
WHEREAS, the Mayor and Council have reviewed said proposal;
WHEREAS, the Chief Financial Officer has certified 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. That the proposal of Beacon Planning and Consulting Services to
provide professional planning services with regard to the Area in Need of
Redevelopment Assessment, Roosevelt Avenue Industrial Area; in the
amount not to exceed $20,000.00 is hereby approved.
2. That annexed hereto is a copy of said proposal.
3. That this action is approved as an award of a professional services
contract.
4. That a copy of this resolution be forwarded to the Borough's
Pumhasing Department and Beacon Plarming and Consulting Services.
Adopted this 25th day of March, 2004
and certified as a true copy of the
original on March 26, 2004.
KATHLEEN M. BARNEY, RMC/CMC
Municipal Clerk
RECORD OF COUNCIL VOTE
- COUNCILMAN YES NO NV A.B. COUNCILMAN YES NO NV A.B.
KRUM X RI0~ X
NAPLF~ X .qlWARZ X
PARISI X .q~qNc~,m~r I X
x - Indicate Vote AB - Absent NV - Not Voting XOR - Indicates Vote to Overrule Veto
Adopted at a meeting or' the Municipal Council
/ ~_ March,25~ 2004
/ ~t ~ ' ' CLERK ~
( rferef
MIDDLESEX COUNTY
TEL (73g) 541-3800
OFFICE 0F F~ (732) 541-8925
~THLEEN M. BARNEy, RMC/CMC 61 COOKE AVENUE
MUNICIPAL CLERK CARTERET, NEW JERSEY 07008
Date: l'lare.~l~/4, 200~6
TO: Patrick J. DeBlasio, Treasurer
Borough of Carteret
REQUEST FOR CERTIFICATION OF AVAILABLE FUNDS:
For: PROFESSIONAL PLANNING AND CONSULTING SERVICES
RE; _~nnqleV~'l T /iVI~NIII~ INDUSTRIAL ARE&
Name of Account: BEACON PLANNING AND CONSULTING SERVICES
AMOUNTTO BE ENCUMBERED: Not to exceed: $20,000.00
KATHLEEN M. BARNEY,
Municipal Clerk
CERTIFICATION OF AVAILABII,rrY 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.'
in the amount of:
By this certification, I have hereby encumbered the above named account for the amount of the contract.
PATRICK J. DeBLASIO, Treasurer
Date:
KMB/ cp
BEACON PLANNING & CONSULTING SERVICES, LLC.
Colts Towne Plaza, Suite 207
41 State Highway 34 South
Col~ts~Neck~b~w Jersey 07722
Tel. 732.845.8103
Fax 732.845.8104f.
Via Electronic Mail mayor~carteret.net and Regular Mail iw
· ~,~*, ~.% M~ch 17, 2004
The Honorable Daniel Reiman ~':'
Mayor, Borough of Carteret
61 Cooke Avenue
Carteret, New Jersey 07008
Via Fax 732.324.7606 and Regular Mail
Robert J. Bergen, Esq.
Gill and Chamas
PO Box 760
Woodbridge, New Jersey 07095
!
Re: Proposal for Professional Planning Services ~
Area In Need of Redevelopment Assessment
C:~.zr:: ,?~ .... c~,,,,, hrea- Approximately 12 acres
Block 6.01, Lots 6 and 7 and misc. streets and right-of-ways aka Mandelbaum properties
Our file #A04028
Dear Mayor Reiman and Mr. Bergen,
It is our understanding the Borough of Carteret desires an assessment of the captioned area in
order to comply with the requirements of The New Jersey Urban Redevelopment Act and prepare
an "Area in Need of Redevelopment" report. Towards that end, we are pleased to submit the
following proposal for your review and consideration:
Background:
The New Jersey Urban Redevelopment Act created the New Jersey Redevelopment Authority
(NJRA) in 1996 to spearhead economic development efforts in New Jersey communities. The
Act requires locations under consideration as "Redevelopment Areas" to undergo a preliminary
investigation to determine whether certain lands in the designated location meet the criteria for
consideration as a "Redevelopment Area" in accordance with the Local Redevelopment and
Housing Law (N.J.S.A. 40A: 12 A~2 et seq.). Designation as a "Redevelopment Area" enhances
the economic incentive to pursue opportunities within the designated district and empowers the
redevelopment agency with enhanced authority to enact the plan. The availability of the various
programs offered by the NJRA within "Redevelopment Areas" further reinforces investment
opportunities.
Pursuant to N.J.S.A. 40A: 12A-6a, no area of a municipality shall be determined a redevelopment
area unless the governing body of the municipality shall, by resolution, authorize the planning
board to undertake a preliminary investigation to determine whether the proposed area meets the
criteria for a redevelopment designation as set forth in the Act. The Local Redevelopment and
Housing Law (40A:12A-5) requires that at least one of the following conditions be met for an
area to be found in need of redevelopment:
1. The generality of the buildings in the area are substandard, unsafe, unsanitary,
dilapidated, or obsolescent, or possess any of these characteristics, or are so lacking in
light, air or space that they are conducive to unwholesome living or working conditions;
or
2. The discontinuance of the use of buildings previously used for commercial,
manufacturing, or industrial purposes; the abandonment of such buildings; or the same
being allowed to fall into so great a state of disrepair as to be untenantable; or
3. Land that is owned by the municipality, the county, a local housing authority,
redevelopment agency or redevelopment entity, or unimproved vacant land that has
remained so for a period of ten years prior to adoption of the resolution, and that by
reason of its location, remoteness, lack of means of access to developed sections or
portions of the mun/cipality, or topography, or nature of the soil, is not likely to be
developed through the instrumentality of private capital; or
4. Areas with buildings or improvements which, by reason of dilapidation, obsolescence,
overcrowding, faulty arrangement, or design, lack of ventilation, light and sanitary
facilities, excessive land coverage, deleterious land use or obsolete layout, or and
combination of these or other factors, are detrimental to the safety, health, morals, or
welfare of the community; or
5. A growing lack or total lack of proper utilization of areas caused by the condition of the
title, diverse ownership of the real property therein or other conditions, resulting in a
stagnant or not fully productive condition of the land potentially useful and valuable for
contributing to and serving the public health, safety and welfare; or
6. Areas, in excess of five contiguous acres, whereon buildings or improvements have been
destroyed, consumed by fire, demolished or altered by the action of storm, fire, cyclone,
tornado, earthquake or other casualty in such a way that the aggregate assessed value of
the area has been materially depreciated; or
7. In any municipality in which an enterprise zone has been designated pursuant to the "New
Jersey Urban Enterprise Zones Act," P.L. 1983, c.303 (C.52:27H-60 et seq.) the execution
of the actions prescribed in that act for the adoption by the municipality and approval by
the New Jersey Urban Enterprise Zone Authority of the zone development plan for the
area of the enterprise zone shall be considered sufficient for the determination that the
area is in need of redevelopment pursuant to sections 5 and 6 of P.L.1992, c.79
(C.40A:I2A-5 and 40A:I2A-6) for the purpose of granting tax exemptions within the
enterprise zone district pursuant to the provisions of P.L. 1991, c.431 (C.40A:20-1 et seq.)
or the adoption of a tax abatement and exemption ordinance pursuant to the provisions of
P.L. 1991, c.441 (C.40A:21-1 et seq.). The municipality shall not utilize any other
redevelopment powers within the urban enterprise zone unless the municipal governing
body and planning board have also taken the actions and fulfilled the requirements
prescribed in P.L.1992, c.79 (C.40A:12A~I et al.) for determining that the area in need of
redevelopment or an area in need of rehabilitation and the municipal governing body has
adopted a redevelopment plan ordinance including the area of the enterprise zone; or
8. The designation of the delineated area is consistent with smart growth planning principles
adopted pursuant to law or regulation.
The designation of a redevelopment area can only be done with the cooperation of the Carteret
Borough Council since no area of a municipality shall be determined a redevelopment area unless
the governing body of the municipality shall, by resolution, authorize the planning board to
undertake a preliminary investigation to determine whether the proposed area meets the criteria
for a redevelopment designation as set forth in the Act.
Scope of Services
A. Area in Need of Redevelopment Assessment
Upon authorization to proceed, Beacon will commence a preliminary investigation of the
captioned properties and prepare a report of our findings. The area under consideration for
designation as redevelopment area will be surveyed visually. Existing land uses will be
established for the study area as well as adjacent neighborhoods. Preliminary boundaries will
be established. Properties within the boundaries will be evaluated in the context of meeting
the established objectives. Properties will be inventoried with recommendations for their role
in the redevelopment effort. Each property will be reviewed under C.40A:12A-5 and our
conclusions will be presented in tabular form with supporting documentation and/or
photographs. Beacon will also prepare a map (utilizing existing survey or tax map data)
showing the boundaries of the proposed redevelopment area and the location of the various
parcels of property included therein. The designation report will include a comprehensive list
and description of properties within the area under investigation, an inventory of land uses
within the study area and a list of property owners within the study area (prepared from
Municipal tax records). Upon assignment of the Mayor and Council, Beacon will present our
findings at a public hearing before the Carteret Planning Board. Notices to interested or
affected persons shall be the responsibility of the Planning Board.
Beacon will participate in the public meetings in order to support the findings of the assessment
and to respond to questions or comments from those members of the board or public in
attendance. Upon completion of hearings on this matter, the board is obligated to make
recommendation to the Mayor and Council. Beacon will attend the subsequent meeting of the
governing body in order to address any questions regarding the designation prior to the governing
body adopting a resolution determining that the delineated area, or any part thereof, is a
redevelopment area.
The scope of our services anticipates attendance at two Borough Planning Board meetings to
present our findings, one Council meeting, and one meeting to present preliminary findings to
Borough officials. Beacon will attend all other meetings on this matter on an as needed basis on
a Time and Materials basis. Our proposal assumes reasonable access to the parcels in order to
visually evaluate the property and the availability of certain background data such as property
owner lists, tax maps, current zoning information, and the like.
Our services will be provided on a lump sum fee basis pursuant to the General Terms and
Conditions attached hereto and incorporated into this proposal for professional services. Our fee
for the redevelopment assessment and the subsequent meeting attendance defined above will as
follows:
An Area in Need of Redevelopment Report: $ 5,250.00
In addition, ordinary reimbursable expenses such a photocopying, reproduction, ordinance
purchase, and overnight mail will be billed pursuant to the attached Schedule of Hourly Rates.
B. Redevelopment Plan
Typically, if a designation report and redevelopment plans are to be presented simultaneously,
public comment sessions are held in the plan development stage. It has been the experience of
Beacon that this tends to extend the project timeline rather than have the desired effect of
timeline consolidation. For this reason, we recommend the two-step approach with respect to
submissions before Council and Planning Board. Upon establishing the acceptable boundary for
the redevelopment area, a comprehensive redevelopment plan will be prepared and submitted to
the Council for review and consideration.
· :, Preparation of the Redevelopment Plan will include developing a list of marketable uses
for the designated area based on location, available land within the existing street
configuration, and determining the need for street modifications or property acquisitions
in order to execute the objectives of the plan. Remaining buildings will be assessed for
adaptability to each plan and marketable uses within the context of each plan. Carteret
may desire an environmental evaluation of the designated area at this time in order to
identify any locations that may require remediation and estimate costs associated with
same.
°:° Beacon will present the Redevelopment Plans to the Council. The presentation will
include a land use plan and recommendations with respect to design elements within the
redevelopment area such to achieve the desired streetscape, project elements, project
scale, project appearance, and density. The presentation will also include schematic
concept design indicative of the plan elements, location, and integration with existing
neighborhoods. For purposes of the presentation to the Council, the plan will be prepared
on "D" size paper (24" x 36"). A streetscape view may also be prepared to indicate and
emphasize various desired architectural components and project scale.
o~° Upon consideration of the Council, the Redevelopment Plan will be remanded to the
Planning Board for consideration and comment. The Planning Board may request
comments from the public prior to forwarding recommendations to the Council. Upon
receipt of the Planning Board's comments, the Council would request comments from the
public and make their final determination with respect to the Redevelopment Plan. It is
assumed the Carteret will prepare the requisite public notices pursuant to statute.
°:* Once the designation report and redevelopment plan have been approved, the Borough
Council or designated Redevelopment Agency assumes the management role for plan
implementation. Beacon will include a set of short term and longer-term action steps for
implementation of the Redevelopment Study recommendations. Action steps will be
adjusted, if necessary, based on community feedback.
°:° Beacon will be available on an as needed basis to the Borough of Carteret throughout the
designation, plan approval and plan implementation process for any desired services
outside the scope of this proposal.
Our services will be provided on a lump sum fee basis pursuant to the General Terms and
Conditions attached hereto and incorporated into this proposal for professional services. Our fee
for the preparation of the redevelopment plan and the subsequent meeting attendance defined
above will as follows:
Redevelopment Plan and Report: $ 14,750.00
In addition, ordinary reimbursable expenses such a photocopying, reproduction, ordinance
purchase, and overnight mail will be billed pursuant to the attached Schedule of Hourly Rates.
We appreciate the opportunity to submit this proposal and look forward to working with you on
this project. If you would like us to proceed as outlined, please sign where indicated below and
return a copy of this Agreement to my attention. Once again, thank you for your continued
consideration of Beacon Planning.
~--- Andrew W. Janiw, P.P., CP
v, P.P.~>~P__ Principal ' a, ~P.P., AICP
Principal
Acce~ted and Agreed to this
~ ~l'!day of March, 2004
2004 SCHEDULE OF HOURLY RATES
Principals $125.00 per hour
Project Professional $115.00 per hour
Project Assistant $ 85.00 per hour
Administrative Support $ 55.00 per hour
Fax $0.25 per page
Standard reproduction (letter or legal size) $0.10 per page
Out-of-pocket expenses Cost plus 15%
Outside services Cost plus 15%
BEACON PLANNING AND CONSULTING SERVICES, L.L.C.
GENERAL CONDITIONS OF SERVICE
Client: Borough of Carteret
Project: Redevelopment Study and Plan
Project Number: A04028
Date: March 16, 2l)04
1.0 BILLING AND PAYMENT
RETAINER. The Client sha~l make an initial retainer payment of $00.00 upon execution of this Agreement. Beacon
Planning and Consulting Services, L.L.C. (Beacon) will hold and apply this retainer as defined in the proposal.
REIMBURSABLE EXPENSES. Client shall pay Beacon for reimbursable expenses, including application fees,
printing and reproduction, courier and express delivery service, bulk and special mailings, facsimile transmissions, computer
design technology, specialized equipment and laboratory charges, costs of acquiring materials specifically for Client and
related charges. The reimbursable expenses will be added to each monthly invoice,
INVOICES. Beacon shall submit invoices monthly and payment in full is due upon presentation. Our invoices are due and
payable upon receipt since there is generally a relatively significant time lag between the rendering of our services and the
submission of our statement.
INTEREST. If any invoice is not paid in full within thirty (30) days of receipt, the Client shall pay as interest an additional
charge of one-and-one-half percent (1.5%) (or the maximum allowable by law, whichever is lower) per month of the PAST
DUE amount. Payment after that shal~ first be applied to accrued interest and then to the unpaid principal
COLLECTION COSTS. In the event legal action is necessary to enforce the payment provisions of this Agreement,
Beacon shall be entitled to recover from the Client the reasonable attorneys' fees, court costs and expenses incurred by
Beacon in connection therewith,
SUSPENSION OF SERVICES. If the Client fails to make payments when due or otherwise is in breach of this
Agreement, Beacon may suspend pen~ormance of services at any time after providing notice to the Client. Beacon shall have
no liability whatsoever to the Client for any costs or damages as a result of such suspension mused by any breach of this
Agreement by the Client.
PAYMENT OF INVOICES. Payment of invoices is not subject to unilateral discounting or set-offs by the Client, and
payment for actual services rendered is due despite suspension or termination of this Agreement by either party,
2.0 FEE DURATION
The proposed fees set forth in this Agreement shall be open for acceptance for sixty {60) days from the above date. If the
Agreement is signed after that date, the proposed fees may be adjusted prior to commencement of services, subject to
agreement by the Client and Beacon,
The hourly rates charged for Beacon employees are adjusted annually in January to reflect changes in the various elements
that comprise such hourly rates. All adjustments will be in accordance with generally accepted accounting practices as
applied on a consistent basis by Beacon and consistent with Beacon's overall compensation practices and procedures,
Where Lump Sum Contracts are signed, and the services provided by Beacon extends beyond a date months after the date
of the execution of this Agreement, the quoted prices shall be subject to an increase in accordance with the NY/NJ Consumer
Price index, using the date of this Agreement as a base, In the event that a Lump Sum Contract item is partially completed at
such time that the lump sum price is to be adjusted, the balance of the lump sum fee still to be billed as of the anniversary
date shall be increased based on the NY/NJ Consumer Price index as indicated above.
3.0 SCOPE OF SERVICES
Descriptions of the Services to be provided by Beacon are set forth in the Proposal/Scope of Services. Services not set forth
in the Scope of Services are excluded from the scope of Beacon's services and Beacon assumes no responsibility to pedorm
such additional services under the base Contract. If additional work becomes necessary during the course of the project,
Beacon can perform such Additional Services in accordance with a written Agreement between the Client and Beacon setting
forth the additional services and fees.
4.0 STANDARD OF CARE
The standard of care for services performed or furnished by Beacon under this Agreement will be the care and skill ordinarily
used by members of the same profession practicing under similar conditions at the same time and in the same locality based
on facts and information available at the time services are provided,
5.0 INSURANCE
Beacon shall maintain, at its own expense, Workers Compensation insurance, Comprehensive General Liability Insurance
and Professional Liability Insurance at all times and will, upon request, furnish insurance certificates to the Client
6.0 CONSTRUCTION OBSERVATION SERVICES
If the Scope of Services for this Agreement includes construction observation services, then the following provisions shall
apply:
A During the project construction phase, Beacon shall consult with and advise Client and act as Client's
representative as provided in the Scope of Services. The extent and limitations of the duties, responsibilities
and authority of Beacon as outlined in the Scope of Services shall not be modified, except as Beacon and
Client may other.vise agree in writing.
B. Beacon's services during the Construction phase are intended to provide Client a greater degree of confidence
that the Completed work of Contractor will conform in general to the approved plans and related documents
and to provide a general opinion of value of work-in-place based on published references typically utilized in the
industry. Beacon shall not, during visits to the project site or as a result of observation of Contractors work in
progress, supervise, direct or have control over Contractor's work nor shall Beacon have authority over or
responsibility for the means, methods, techniques, sequences or procedures of construction selected by
Contractor, for safety precautions and programs incident to the work of Contractor or for any failure of
Contractor to comply with laws, rules, regulations, ordinances, codes or orders applicable to Contractors
furnishing and performing the work. Accordingly, Beacon neither guarantees the performance of any
Contractor nor assumes responsibility for any Contractors failure to furnish and perform its work in accordance
with the Contract Documents,
7.0 INDEMNIFICATION
Beacon agrees subject to the provisions herein, to indemnify and hold the Client harmless from any damage, liability or
cost to the extent caused solely by Beacon's negligent acts, errors or omissions in the performance of professional
Services under this Agreement.
The Client agrees to indemnify and hold Beacon harmless from any damage, liability or cost (including reasonable
attorneys' fees and costs of defense) to the extent caused by the Client's negligent acts, errors or omissions and those of
his or her contractors, subcontractors or consultants or anyone for whom the Client is legally liable. Beacon is not obligated
to indemnify the Client for the Clients own negligence.
8.0 LIMITATION OF LIABILITY
Client and Beacon recognize and agree that Beacon's liability for any and all claims or actions, regardless of how arising,
shall be limited to the total sum of $25,000.00, or Beacon's total fee for services rendered on this project, whichever is less,
Client hereby releases Beacon from any liability above such amount. Such claims and causes include, but are not limited to
negligence, professional error or omissions, strict liability, breach of contract or breach of warranty. In no event shall Beacon
be liable for any incidental, indirect or consequential damages, including commercial loss, or lost profits resulting from any
Service furnished under this agreement.
9.0 OWNERSHIP AND REUSE OF DOCUMENTS
All reports, plans, specifications, computer files, field data, notes and other documents and instruments prepared by Beacon
pursuant to this Agreement (*'Documents") are and remain the property of Beacon as instruments of service with respect to
this Agreement. The Documents are not intended or represented to be suitable for reuse by the Client or others m
extensions of this project or on any other project. Any reuse of the Documents without the written approval by Beacon will be
at the Clients sole risk and without liability or legal exposure to Beacon. The Client shall indemnify, defend and hold
harmless Beacon from and against any claims, damages or losses including attorney's fees and costs, arising out of or
resulting therefrom.
Beacon grants to the Client and only the Client a non-exclusive, non-assignable and non-transferable license to reproduce,
distribute and display the Documents, to the extent necessary for the Client to undertake the project. Beacon shall retain all
common law, statutory and other reserved rights to the Documents, including the copyright thereto. Both the Client and
Beacon agree that none of the services or Documents provided by Beacon are "work made for hire" as defined in the
Copyright Act.
10.0 CONSEQUENTIAL DAMAGES
Notwithstanding any other provision of the Agreement, neither party shall be liable to the other for any consequential
damages incurred due to the fault of the other party, regardless of the nature of this fault or whether it was committed by the
Client or Beacon, their employees, agents, subconsultants or subcontractors. Consequential damages include, but are not
limited to, loss of use or profit.
11.0 DELAYS
Beacon is not responsible for delays caused by factors beyond Beacon's reasonable control, including but not limited to
delays because of strikes, lockouts, work slowdowns or stoppages, accidents, acts of God, failure of any governmental or
other regulatory authority to act in a timely manner, failure of the Client to furnish timely information or to provide review
comments promptly; or delays caused by faulty performance by the Client or by contractors of any level. When such delays
beyond Beacon's reasonable control occur, the Client agrees that Beacon is not responsible for damages, nor shall Beacon
be deemed to be in default of this Agreement,
12.0 CORPORATE PROTECTION
It is intended by the parties to this Agreement that Beacon's services in connection with the project shall not subject Beacon's
individual employees, officers or directors to any pemonal legal exposure for the risks associated with this project. Therefore,
the Client agrees that as the Client's sole and exclusive remedy, any claim, demand or suit shall be directed and/or asserted
only against Beacon, a New Jersey corporation, and not against any of Beacon's employees, officers or directors,
13.0 OVERTIME SERVICES
For professional services birled on an hourly basis, Beacon shall bill all overtime services performed by hourly wage earners
(non-exempt employees) at one and one-half (1 1/2) times the standard hourly rate.
14.0 OPINIONS OF PROBABLE COST OR VALUE OF WORK-IN-PLACE
In reviewing Beacon's opinions of probable construction cost or opinion of value of work-in-place, the Client understands that
Beacon has no control over costs or the price of labor, equipment or materials, or over the Contractor's method of pricing,
and that any opinions of probable construction costs or value of work-in-place provided by Beacon are to be made based on
Beacon's qualifications and experience as well as on published standards typically utilized in the industry. Beacon makes no
warranty, expressed or implied, as to the accuracy of such opinions as compared to bid or actual costs.
15.0 HAZARDOUS MATERIALS
It is acknowledged by both parties that Beacon's scope of services does not include any services related to asbestos or
hazardous or toxic materials. In the event Beacon or any other party encounters asbestos or hazardous or toxic materials at
the job site, or should it became known in any way that such materials may be present at the job site or any adjacent areas
that may affect the performance of Beacon's services, Beacon may, at its sole option and without liability for consequential or
any other damages, suspend performance of services on the project until the Client takes steps to identify, abate and/or
remove the asbestos or hazardous or toxic materials, and to warrant that the job site is in full compliance with applicable
16.0 GOVERNING LAW
17.0 SURVIVAL
18.0 ENTIRE AGREEMENT
This Agreement (consisting of (1) Proposal Scope of Services and (2) General Conditions) comprises the final and
complete agreement between the Client and Beacon It supersedes all prior or contemporaneous communications,
representations, or Agreements, whether oral or written, relating to the subject matter of this Agreement. Execution of this
Agreement signifies that each party has read the document thoroughly, has had the opportunity to have questions
expiaJned by independent counsel and is satisfied with the terms and conditions Contained herein. Amendments to this
Agreement shall not be binding unless made in writing and signed by both the Client and Beacon.
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