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No. 04--:¡'N Date of Adoption October 28, 2004
- I AUTHORIZING A PROFESSIONAL PLANNING SERVICES CONTRACT
WITH BEACON PLANNING AND CONSULTING SEn.VICES,
RE: WEST CARTERET COMMERCIAL REDEVELOPMENT AREA
WHEREAS, the Borough of Carteret is in need of professional planning services to
perform an area in need of redevelopment assessment, West Carteret Commercial
Redevelopment 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 $5,000.00, 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
ofCarteret, 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, West Carteret Commercial Redevelopment
Area; in the amount not to exceed $5,000.00 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
Purchasing Department and Beacon Planning and Consulting Services.
Adopted this 28th day of October, 2004
and certified as a true copy of the original
on October 29,2004.
KATHLEEN M. BARNEY, RMC/CMC
Municipal Clerk
11. RECORD OF COUNCIL VOTE
COUNCILMAN YES NO NV A.B. COUNCILMAN YES NO NV A.B.
T<QT 1M X 'Hn" X
N . X X
p^,H"T X X
x - lndicate Vote AB - Absent NY ~ Not Voting XOR - Indicates Vote 10 Overrule Veto
Adopted at a meeting of the Municipa] Council
~::9;~;
. CLERK /
Affidavit of Publication
Publisher's Fee $13.64 Affidavit Charge $20.00
State of New Jersey} 55.
MIDDLESEX COUNTY
Personally appeared MARIAN BUTLER
of the Home News Tribune, a newspaper printed In Freehold, NJ and published In NEPTUNE, In said
County and State, and of general circulation In said county, who being duly sworn, deposeth and salth
that the advertisement of which the annexed Is a true copy, has been published In the said newspaper
1 lONE) times, once In each Issue, as follows
11102/04,
A.D,2004 C', ~
PA I KlljlA W. I UWI~~tNU . \C (0 . \ ~~'---'¡:^
NOTARY PUBLIC' OF JERSEY '\ '~ ~"'j. ~'_./\.A..-d. ... .
~ MY C.oMMISS!O~ _ ..R- OCT. 2, 2005 sworn and subscribed before me this
i6 '1.) 2nd day of November, A.D., 2004
Notary Public of New Jersey
BOROUGH OF CARTERET
NOTICE OF
CONTRACT AWARDED
The Borough of Carteret
has awarded a contract
without competitive bid-
ding as a professional
service pursuant to
N.J.SA. 40A:1l-5 (1) (a)
This contract and the
~~~01~~~ïabi~t7~;iZ~~tli~
inspection in the office
of the Municipal Clerk.
Awarded to:
BEACON PLANNING &
CONSULTING SERVICES
Services: Planning Ser-
vices - West Carteret
Commercial Redevelop-
ment Area.
~~:,:I~~nA~óJ~f NOT
TO EXCEED $5000.00
KATHLEEN M. BARNEY,
Certified Municipal
Clerk
($13.64) 33534
-.
.,~. -;.¡- ""--. ~DrD1t£~ Df ([nri£nd
MIOOLESEX COUNTY
J:ì EÍu 'JJ ""'W~
OFFfCE OF
"_"HLEEN M. BARNEY, RMC/C:\1C
,HUNICIP.<\.L CLERK 10-28-0~
Date:
TO: Patrick DeBlasio,
Trea.surer
. Borough of Carteret
REQUEST FOR CERTIFICATION OF AVAILABLE FUNDS:
For: AQTHORIZING PROFESSIONAL PLANNING SERVICES CONTRACT WITH
BEACON PLANNING & CONSULTING SERVICES-RE: WEST CARTERET
f:OMMFRf:TAI. RFOFVFTOPMFNT ARFA
Name of Account: 104-...337
AMOUNT TO BE ENCUMBERED: AMOUNT NOT TO EXCEED $5000.00
~/l(.. )~ ~
KATHLEEN M. EARNEY,
Municipal Clerk
----------------------------------------------------------------
CERTIFICATION OF. AVAILABILITY OF FUNDS
It Treasurer of the Borough of Cnrteret, 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:
ßtt/ú,,,, ¡l~,,~
The funds availab'¿ ·for this contract are in the Budget, in the
account of:
EN 6-~e<^- ~/-o(_I{(- ~5L(
:> ::>. 92>
in the amount of: -
,.
.
By this certification, I have hereby encumbered the above ñamed
account for the amount of the contract pending Council action.
¿?~\&4~
Patrie DeBlasio,
Treasurer
DATE: (9 /;'1 I?~
~PROVED
BEACON PLANNING & CONSULTING SERVICES, L.LC. ~ ~'z<'c (l~ L'¡(Jt~.
Colts Towne Plaza, Suite 207 ~
41 State Highway 34 South
-
Colts Neck, New Jersey 07722
Tel. 732.845.8103 -.--
Fax 732.845.8104
Via Electronic Mail mayor@carteret.net and Regular Mail October 26, 2004
The Honorable Daniel Reiman ,.
I
~,
Mayor, Borough ofCarteret
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
West Carteret Commf'rri"l Redevelopment Area
~ '
Block 2503, Lots 1-16 and misc. streets and right-of-ways
Our file #A04123
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. In the event the area is deemed to qualify as an area
in need of redevelopment, the Borough seeks to solicit expressions of interest ITom qualified
entities in order to develop a comprehensive redevelopment plan and implementation strategies.
Towards that end, we are pleased to submit the following proposal for your review and
consideration:
Backl!round:
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 (NJ.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: l2A-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 ofredevelopment:
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 municipality, 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 ofthe 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:12A-5 and 40A:12A-6) for the purpose of granting tax exemptions within the
- enterprise zone district pursuant to the provisions ofP.L.1991, c.43l (C.40A:20-l et seq.)
or the adoption of a tax abatement and exemption ordinance pursuant to the provisions of
P.L. 1991, c.44l (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-l 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 and Entity RFO
--
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 surveyor 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 ITom Municipal tax records). Upon assigmnent 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.
If the property is determined to qualifY as an area in of redevelopment, Beacon, in conjunction
with your redevelopment counsel, will prepare a request for qualifications (RFQ) package. The
solicitation package will seek to qualify private entities capable of undertaking the
redevelopment effort prior to the approval of the redevelopment plan.
Beacon will assist Carteret by developing qualification criteria and benchmarks. Beacon will
assist Carteret in the evaluation of RFQ responses, the selection of a qualified party, and the
execution of a preliminary designation as a qualified entity. It is anticipated that Beacon will
work with Carteret's redevelopment counsel with respect to the form of designation and specific
designation language.
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 and RFQ: $ 5,000.00
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
Upon establishing the acceptable boundary for the redevelopment area and the selection of a
qualified entity, a comprehensive redevelopment plan will be prepared and submitted to the
Council for review and consideration.
1) 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.
2) 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, proj ect 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
proj ect scale.
3) 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 ITom the public prior to forwarding recommendations to the Council.
Upon receipt of the Planning Board's comments, the Council would request
comments ITom 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.
4) Once the designation report and redevelopment plan have been approved, the
Borough Councilor 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.
-- 5) 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 ofthis 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: Fee to be determined npon completion of Task A. and
will be provided at that time under separate cover.
C. Plan Implementation
I) Once the redevelopment plan has been approved, the Borough Council, in their
capacity as Redevelopment Entity, will assume the management role of plan
implementation. Beacon will prepare a set of short term and longer-term action steps
for implementation of the Redevelopment Plan. Action steps will be adjusted, if
necessary, based on community feedback.
2) Beacon will be available on an as needed basis to the Borough of Carteret throughout
the plan implementation process. This will include assistance in the negotiation of a
Redeveloper's Agreement, an assessment of the financial terms of the agreement, and
the review of all submissions for consistency with the plan and local ordinances prior
to approval by the requisite agencies and municipal boards.
Plan Implementation: Fee to be determined upon completion of Tasks A and B. and will be
- provided at that time under separate cover.
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.
Very truly yours,
Andrew W. Janiw, P.P., AICP Gordon N. Gemma, P.P., AICP
Principal Principal
Accepted and Agreed to this
_ day of October, 2004
By:
Authorized Representative of the Borough of Carteret
_.
- 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: A04123
Date: October 26, 2004
1.0 BILLING AND PAYMENT
RETAINER. The Client shall make an initial retainer payment of SOO.OO 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 shall 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 performance 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 perform
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 skiH 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 otherwise 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 utitized 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 shalt 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 personal 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 billed 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
laws.
16.0 GOVERNING LAW
The laws of the State of New Jersey wilt govern the validity of this Agreement, its interpretation and performance. Any
litigation arising in any way from this Agreement shall be brought in the Courts of New Jersey.
17.0 SURVIVAL
All express representations, indemnifications or limitations of liability made in or given in this Agreement will survive the
completion of all services of Beacon under this Agreement or the termination of this Agreement for any reason.
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
explained 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.
C:beacongencon
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BOROUGH OF CARTERET
20 COOKE AVENUE
CARTERET, NEW JERSEY 07008
THIS AGREEMENT: made this 28th of October 2004
By and between: Beacon Planning & Consulting Service
Colts Towne Plaza, Suite 207
41 State Highway 34 South
Colts Neck, 07722
And the Boroul!h of Carteret, a municipal corporation, having its
Principal office at the Borough Hall 61 Cooke Avenue, Carteret, New Jersey,
As per Resolution Number 04-339.
THE CONTRACTOR does hereby agree to perform the following:
PROFESSIONAL SERVICE TO PERFORM PLANNING SERVICES OF
REDEVELOPMENT ASSESSMENT, WEST CARTERET COMMERCIAL
REDEVELOPMENT AREA.
NOT TO EXCEED $5,000.00
according to the terms set forth in RESOLUTION.
THE BOROUGH does hereby agree to pay the Coutractor the sum set
forth in Resolution.
IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals or
caused these presents to be signed by their proper corporate officers and their corporate
"M" '0 b, hcrcto 7' <h, d,y ~d Y'~ wrio,o ,bm
WITNESSETH BY 1þ;¡MV~r¿/-: ~
Fo, <h, Co",oru';,o, 0v,4... / - .'þ
,to;¡ ~-
BOROUGH OF CARTERET TITL~~fk~ ~
BY: ~ -1----
lei J. Reim
~~".'#h$cv~~ Mayor
kath!e~n M~ Barney C / -
M\mtClpal Clerk ~