Loading...
HomeMy Public PortalAboutr 06:094 ~{èJ?,oluttLltt Lîf t~B ~LîtLîUBrT Lîf illnrtBrd) ;?L 3J. No. 06-94 Dale of Adoption_~ 2. 2~ AUTHORIZING PROFESSIONAL SERVICES CONTRACT WITH BEACON PLANNING & CONSULTING SERVICES, L.L.c. _ WASHINGTON AVENUE REDEVELOPMENT \VHEREAS, the Borough ofCarterct requires professional planning services with regard to a Redevelopment Plan for the Washington Avenue Redevelopment project; and \VHEREAS, Beacon Planning & Consulting Services, L.L.C, located at Colts Towne Plaza, Suite 207, 41 State Highway 34 South, Colts Neck, NJ, 07722 possesses the requisite skill and expertise to provide said services; and WHEREAS, the Borough has received a proposal from Beacon Planning & Consulting Services, L.L.c. ("Beacon Planning"), to provide said services at a cost not to exceed $5,500.00; and WHEREAS, the Mayor and Council have reviewed said proposal and have recommended the approval of the same; and WHEREAS, the Chief Financial Officer has certified that funds are or will be available for the same. NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough ofCarteret as follows: 1. The proposal from Beacon Planning & Consulting Services, LLC., Colts Towne Plaza, Suite 207, 41 State Highway 34 South, Colts Neck, NJ, 07722, to provide professional plànning services for a Redevelopment Plan for the Washington Avenue Redevelopment project in an amount not to exceed $5,500.00 is hereby approved. 3. This action is approved without competitive bids as an award of a professional serv'ices contract. 4. A copy of this resolution shall be forwarded to Beacon Planning, the Chief Financial Officer and the Borough Attorney. Adopted this i1d day of March, 2006 and certified as a true copy of the original on March 3, 2006. KATHLEEN M. BARNEY, RMR/CMC Municipal Clerk -..- RECORD OF COUNCIL VOTE COUNCILMAN YES NO NY A.D. COUNCIL!\IAN BELLIIIU X NAPlES DIAZ X KRUM X SITARZ YES NO NV A.D. ~--.- x - Indicat~ Vote AS - Absent NV - Not Voting XOR - lndica!!:s Vat!: to Ov!:rr\lle V!:to Adopted [II a meeting of ¡hc /'v[ullicipal Council I -#z9 ¿; - c¡ >! 3-~-r/ ç BEACON PLANNING & CONSUlTING SERVICES, U.C. Colts Towne Plaza, Suite 207 41 State Highway 34 South Colts Neck, New Jersey 07722 Tel. 732.845.8103 Fax 732.845.8104 February 24,2006 The Honorable Daniel Reiman Mayor, Borough of Carteret 61 Cooke Avenue Carteret, New Jersey 07008 re: Proposal for Professional Planning Services Washington Avenue Redevelopment Plan Carteret, New Jersey Our file #A06030 -)' ., ~,.,., "''': . .' ,:',' '-.'.. ,',- '-. "j <"or.. Jl LJ Ii :"',¡J Dear Mayor Reiman: Beacon Planning is pleased to submit this proposal in response to your request for professional planning services regarding the preparation of a Redevelopment Plan for the W ashington Avenue Redevelopment Area. Towards that end, we are pleased to submit this proposal, as follows: I. Study Area The area to be included in the redevelopment plan encompasses the entire area that has been designated as the Washington Avenue Redevelopment Area. II. Scope of Services A. Beacon Planning will prepare a Redevelopment Plan pursuant to the applicable provisions of the Local Redevelopment and Housing Law, which prescribes the specific required contents of a Redevelopment Plan. The Redevelopment Plan shall include the following: I. An outline for the planning, redevelopment or rehabilitation of the project area sufficient to indicate: a. The relationship of the Redevelopment Plan to definite local objectives as to appropriate land uses, density of population, improved traffic and public transportation, public utilities, recreational and community facilities, and other public improvements; b. Proposed land uses and building requirements in the project area; c. Adequate provision for the temporary and pennanent relocation, as necessary, of residents in the project area, including an estimate of the extent to which decent, safe and sanitary dwelling units affordable to displaced residents will be available to them in the existing local housing market; d. An identification of any property within the redevelopment area which is proposed to be acquired in accordance with the Redevelopment Plan; e. Any significant relationship of the Redevelopment Plan to (a) the master plans of contiguous municipalities, (b) Monmouth County Master Plan, and (c) the State Development and Redevelopment Plan. 2. A description of the Redevelopment Plan's relationship to pertinent municipal development regulations. 3. Recommendations. This section will set forth a recommended course of action to facilitate redevelopment of the study area. The Redevelopment Plan recommendations will include, at a minimum, the following: a proposed distribution of uses; identification of intensity of land uses; conceptual layout including building locations, parking, landscaping, lighting, and signage elements designed to integrate the entire development area into a uni fied cohesive arrangement; and, master plan text and zoning provisions, as detennined to be appropriate. The redevelopment plan will also incorporate relocation provisions and the related required components as prescribed by the LRHL. B. All provisions of the Redevelopment Plan shall be either substantially consistent with the Borough's Master Plan or designed to effectuate the Master Plan. C. The Redevelopment Plan shall include the necessary background data to provide the basis for the Plan's recommendations. III. Meetings The scope of services anticipates attendance at three meetings, including a meeting to present our draft findings, a meeting to present the draft plan to the Planning Board, and a meeting to present the draft plan to the governing body. Beacon will attend any additional meetings related to this matter on a Time and Materials basis. IV. Preparation of Reports and Maps Beacon Planning shall prepare a draft report with accompanying maps, plans and graphics for your consideration. A final report shall also be submitted following the receipt of comments on the draft report. V. Time of Performance Beacon is prepared to commence this undertaking immediately upon receiving authorization to proceed. We estimate the preparation of a draft Redevelopment Plan within thirty (30) days of receiving approval to commence. VI. Qualifications of Consultant Beacon Planning represents that it has or will secure all personnel required in the perfonnance of services proposed herein. All of the required services will be perfonned by personnel who shall be fully qualified to perfonn same. VII. Compensation Our services will be provided on a lump sum fee basis pursuant to the General Tenns and Conditions attached hereto and incorporated into this proposal for professional services. Our fee for the preparation of a Redevelopment Plan and associated meeting attendance defined above will be as follows: Preparation of Redevelopment Report: $ 5,500.00 Services and meetings in addition to the scope of services described above will be provided on a time and material basis pursuant to the General Tenns and Conditions attached hereto and incorporated into this proposal for professional services. Billing may include ordinary reimbursables such a photocopying, reproduction, and overnight mail. Monthly invoicing will be provided indicating hours billed. When possible and practical, we will utilize staff at lower hourly billing rates in order to maximize services. 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, Victor Funnanec, P.P., A.LC.P. Principal Accepted and Agreed to this _ day of ,2006 By: cc: Andrew W. Janiw, P.P., A.I.C.P. Robert Bergen, Esq. 2006 SCHEDULE OF HOURLY RATES Principals Project Professional Project Assistant Administrative Support Fax Standard reproduction (letter or legal size) Out-of-pocket expenses Outside services $125.00 per hour $115.00 per hour $ 85.00 per hour $ 55.00 per hour $0.25 per page $0.10 per page Cost plus 15% Cost plus 15% BEACON PLANNING AND CONSULTING SERVICES, L.L.C. GENERAL CONDITIONS OF SERVICE Client Project Project Number; Date: Borough of Carteret Washington Avenue Redevelopment Plan A06030 February 24, 2006 1.0 BILLING AND PAYMENT RETAINER. The Client shall make an initial retainer payment of $0.00 as set forth within. 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. 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 responsibitity 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 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 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 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 responsibifity 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, shaJJ 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-exctusive, 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 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 sofe 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 will 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.