HomeMy Public PortalAboutr 07:045
2Re5olutiolt of t4e ~oroug4 of QIarteret, ~. 3}.
No. #07-45
Date of Adoption
AUTHORIZING A PROFESSIONAL PLANNING SERVICES CONTRACT WITH BEACON
PLANNING AND CONSULTING SERVICES, LLC,
TO PREPARE AN EVALUATION AND ASSESSMENT REPORT AND
MAKE RECOMMENDATIONS REGARDING A POTENTIAL
KINDER MORGAN REDEVELOPMENT AREA
WHEREAS, the Mayor and Council of the Borough of Carteret ("Borough") has authorized the
Carteret Planning Board to conduct an area in need of redevelopment assessmentlinvestigation of
certain designated properties, and/or portions thereof, comprising part of the Kinder Morgan
Liquid Terminal Facility, as a potential Kinder Morgan Redevelopment Area; and
WHEREAS, the Planning Board is additionally in need of professional planning services to
perform an area in need of redevelopment assessment for the potential Kinder Morgan
Redevelopment Area; and
WHEREAS, Beacon Planning and Consulting Services, LLC, possesses the requisite knowledge,
skill and experience to complete said professional planning services; and
WHEREAS, Beacon Planning has proposed to perfoml the above described planning services in
an amount not to exceed $9,500.00; and
WHEREAS, the Mayor and Council have considered said proposal;
WHEREAS, the Chief Financial Officer has certified that funds are or will be available for said
purpose from an escrow fund to be established by the property owner designated therefore.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of
Carteret, County of Middlesex, State of New Jersey, as follows:
I. That Beacon Planning and Consulting Services, LLC, is hereby authorized to
provide professional planning services related to the preparation of a
redevelopment area assessment report for the potential Kinder Morgan
Redevelopment Area pursuant to the New Jersey Redevelopment and
Housing Law, N.J.S.A. 40A: 12A-I et seq., in accordance with its proposal
for the same in an amount not to exceed $ 9,500.00.
2. That the within authorization for the referenced professional planning
services by Beacon Planning is being approved as an award of a professional
services contract pursuant to the Borough's established Fair and Open
Process in accordance with the applicable law.
3. That a copy of this Resolution be forwarded to the Borough's Purchasing
Department, Beacon Planning and Consulting Services, LLC, and the
Carteret Planning Board.
Adopted this 25th day of January 2007
and certified as a true copy of the
original on January 26,2007.
KATHLEEN M. BARNEY, RMCICMC/MMC
Municipal Clerk
COUNCILMAN YES NO NY A.B.
X
DIAZ X
KRUM X
RECORD OF COUNCIL VOTE
COUNCILMAN
YES NO
NY A.B.
X
x - Indicate Vote AB - Absent NV - Not Voting XOR - Indicates Vote to Overrule Veto
Adopted at a meeting of the Municipal Council
~DrDUB~ Df QIcrrfEref
MIDDLESEX COUNTY
~e&r 3]erseTJ"
OFFICE OF
KATHLEEN M. BARNEY, RMC/CMC
MUNICIPAL CLERK
TEL (734 541-3~00
FAX (732; 541-8~25
61 COOKE AVEJUE
CARTERET, NEW JER~EY 07008
Date January 25, 2007
TO: Patrick J. DeBlasio, Treasurer
Borough of Carteret
REQUEST FOR CERTIFICATION OF AVAILABLE FUNDS:
For: Professional Planning Services to prepare an evaluation and
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recommendations regarding a potentlal
area.
CONSULTING SERVICES, LLC
A1\10UNT TO BE ENCUMBERED:
O.OO"at an hourly rae
accord1ng .to sc e
~p~,~~
KATHLEEN M. BARNEY, .
Municipal Clerk
e.
Resolution 107-45
CERTIFICA TION OF AVAILABILITY OF FUNDS
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l, Treasurer of the Borough of Carteret, do hereby certify that there are sufficient funds available in thtcurrent
~~~get to enable the Municipal Council to authorize the entering into a contract between the Borough of larteret
I I.. I '" IJ J fEB .
i:i!j:::j/ fl.s f /E R .t1 Ii V/) IC
/
The funds available for this contract are in the Budget, in the account of:
~ ',-
in the amount of:
Treasurer
Date-2 -j (., -07
~::I7LB / cp
Barney, Kathy
,".:'
From:
Sent:
- To:
Subject:
Lisicki, Gloria
Friday, February 16, 200710:14 AM
Barney, Kathy
_RESOLUTIONS
<'1
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KATHY,
RESOLUTION 07-45 BEACON PLANNING HOLD AS PER MAYOR
RESOLUTION 07-32 T&M ASSOCIATES THIS IS GOING TO PORT AUTHORITY WE DO NOT
CERTIFY FUND FOR THEM.
HAVE A GREAT WEEKEND, WERE OFF MONDAY, THANK GOD.
THANKS
GLORIA
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()7--05
/ -If 47
Tel. 732.845.8103
Fax 732.845.8104
BEACON PLANNING & CONSULTING SERVICES, l.l.C.
Colts Towne Plaza, Suite 2 7
41 State Highway 34 So th
Colts Neck, New Jerse 07 22
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The Honorable Daniel Reiman
Mayor, Borough of Carteret
61 Cooke Avenue
Carteret, New Jersey 07008
re: Proposal for Professional Planning Services
Redevelopment Area Assessment
Kinder Morgan (a portion of the +/ - 197 acre facility)
Industrial Road, Carteret, New Jersey
Our file #A062 1 7
Dear Mayor Reiman:
It is our understanding the Borough of Carteret seeks professional planning services to assistin
the preparation of a preliminary investigation of the above-referenced area in order to com ly
with the requirements of New Jersey's Local Redevelopment and Housing Law. In the event he
area is deemed to qualifY as an area in need of redevelopment, the Borough seeks assistanc~ in
the preparation of a redevelopment plan, the development of implementation strategies and ~he
review of fiscal impacts on the community. Towards that end, we are pleased to submit fhe
following proposal for your review and consideration: !
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Back2round:
The New Jersey Urban Redevelopment Act created the New Jersey Redevelopment Autho "ty
(NJRA) in 1996 to spearhead economic development efforts in New Jersey communities. he
Act requires locations under consideration as "Redevelopment Areas" to undergo a prelimin ry
investigation to determine whether certain lands in the designated location meet the criteria or
consideration as a "Redevelopment Area" in accordance with the Local Redevelopment .nd
Housing Law (N.J.S.A. 40A:12 A-2 et seq.). Designation as a "Redevelopment Area" enhan~es
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 vari1us
programs offered by the NJRA within "Redevelopment Areas" further reinforces investmfnt
opportunities. ;
Pursuant to N.J.S.A. 40A:12A-6a, no area ofa municipality shall be determined a redeVelopm1nt
area unless the governing body of the municipality shall, by resolution, authorize the plannIng
board to undertake a preliminary investigation to detennine whether the proposed area meets Ie
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criteria for a redevelopment designation as set forth in the Act. The Local RedeVelOpmenttnd
Housing Law (40A:12A-5) requires that at least one of the following conditions be met fo 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 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 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 (CAOA:12A-5 and 40A:12A-6) for the
purpose of granting tax exemptions within the enterprise zone district pursuant to
the provisions of P.L.1991, cA31 (CAOA: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-1 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.
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The designation of a redevelopment area can only be done with the cooperation of the Cart~ret
Borough Council since no area of a municipality shall be determined a redevelopment area unl~ss
the governing body of the municipality shall, by resolution, authorize the planning boardl to
undertake a preliminary investigation to determine whether the proposed area meets the critqria
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 te
captioned property or portion thereof and prepare a report of our findings. The area un er
consideration for designation as redevelopment area will be surveyed visually. Existing I d
uses will be established for the study area as well as adjacent neighborhoods, Prelimin~ry
boundaries will be established. Properties within the boundaries will be evaluated in the cont~xt
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 d
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) show'ng
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 . d
description of properties within the area under investigation, an inventory of land uses within ~he
study area and a list of property owners within the study area (prepared from BoroUgh~X
records). Beacon will present our findings at a public hearing before the Carteret Planni g
Board. Notices to interested or affected persons shall be the responsibility of the Planning Bo . d,
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Beacon will participate in the public meetings in order to support the findings of the assessm~nt
and to respond to questions or comments from those members of the board or PUblici'in
attendance. Upon completion of hearings on this matter, the Board will forward 'ts
recommendation to the Mayor and Council regarding whether the study area, or a portion there f,
qualifies for designation as an area in need of redevelopment. Beacon will attend a subsequ nt
meeting of the governing body in order to address any questions regarding the designation p~or
to any action on this matter by the governing body. I
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Our scope of our services anticipates attendance at one Planning Board meeting to present Lur
findings, one Council meeting, and one meeting to present preliminary findings to Boro~gh
officials. Beacon will attend all other meetings on this matter on an as needed basis on a Ttme
and Materials basis. Our proposal assumes reasonable access to the parcels in order to visu lly
evaluate the property and the availability of certain background data such as property owner Ii ts,
tax maps, current zoning information, and the like. I
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Our services will be provided on a lump sum fee basis pursuant to the General Terms tnd
Conditions attached hereto and incorporated into this proposal for professional services. Our Ifee
for the redevelopment assessment and the subsequent meeting attendance defined above wil~ as
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follows: !
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Redevelopment Area Assessment Report: $ 9,500.00 I
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In addition, ordinary reimbursable expenses such a photocopying, reproduction, ordina*ce
purchase, and overnight mail will be billed pursuant to the attached Schedule of Hourly Rates. I
B.
Redevelopment Plan
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Upon establishing the boundaries for the redevelopment area, a comprehensive redevelopm~nt
plan will be prepared and submitted to the Council for review and consideration. I
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I) Preparation of the Redevelopment Plan will include setting forth standards for the
redevelopment of the property within the appropriate neighborhood context. Cartttet
may desire an environmental evaluation of the designated area at this time in ordd to
identify any locations that may require remediation and estimate costs associated w1ith
same.
2) Beacon will present the Redevelopment Plans to the Council. The presentation ill
include a land use plan and recommendations with respect to design elements wit in
the redevelopment area such to achieve the desired streetscape, project eleme ts,
project scale, project appearance, and density.
3) Upon consideration of the Council, the Redevelopment Plan will be referred to te
Planning Board for its review and comment regarding consistency with the Borou
Master Plan. The Planning Board may request comments from the public prior to
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forwarding recommendations to the Council. Upon receipt of the Planning Boa~'s
comments, the Council may request comments from the public and make their fi al
determination with respect to the Redevelopment Plan. It is assumed the Carteret ill
prepare the requisite public notices pursuant to statute. I
4) Beacon will be available on an as needed basis to the Borough of Carteret through~ut
the redevelopment plan approval implementation process for any additional serviqes
outside the scope of this proposal.
Our services will be provided on a lump sum fee basis pursuant to the General Terms ~nd
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 defi ed
above will as follows: I
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Redevelopment Plan:
$12,750.00
In addition, ordinary reimbursable expenses such a photocopying, reproduction, ordinapce
purchase, and overnight mail will be billed pursuant to the attached Schedule of Hourly Rates. I
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C. Plan Implementation I
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I) Once the redevelopment plan has been approved, the Borough Council, in ieir
capacity as Redevelopment Entity, will assume the management role of Ian
implementation. Beacon will assist the Borough in developing a set of short term nd
longer-term action steps for implementation of the Redevelopment Plan, as well a in
preparing any request for qualifications or request for proposals. Action steps wil~ be
adjusted, as necessary, based on community feedback. I
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2) Beacon will be available on an as needed basis to the Borough of Carteret thrOUghtut
the plan implementation process. This will include assistance in the negotiation fa
Redeveloper's Agreement, an assessment of the financial terms of the agreement, nd
the review of all submissions for consistency with the plan and local ordinances Pfor
to approval by the requisite agencies and municipal boards. i
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Plan Implementation: Fee to be determined upon completion of Task B. and willi be
provided at that time under separate cover. I
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Should the Borough so desire, Beacon Planning will undertake a preliminary fiscal impact revi~w
and make recommendations in terms of impact on public services, public facilities, prop~y
valuations and the like. Our preliminary findings and recommendations will be summarized ip. a
series of technical memorandums. I
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D. Fiscal Impact Review and Recommendations
Fiscal Impact Review and Recommendations:
$7,800.00
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We appreciate the opportunity to submit this proposal and look forward to working with you Ion
this project. If you would like us to proceed as outlined, please sign where indicated below +d
return a copy of this Agreement to my attention. Once again, thank you for your contin~ed
consideration of Beacon Planning. I
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Andrew W. J
Principal
Accepted and Agreed to this
_ day of , 2007
By:
Authorized Representative of the Borough of Carteret
cc: Victor Furmanec, PP, AICP
Robert Bergen, Esq.
2007 SCHEDULE OF HOURLY RATES
Principals
$135.00 per ho~r
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$115.00 per hoyr
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$ 95.00 per hou~
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$ 55.00 per hout
$0.25 per page I
$0.10 per page I
Project Professional
Project Assistant
Administrative Support
Fax
Standard reproduction (letter or legal size)
Out-of-pocket expenses
Cost plus 15%
Outside services
Cost plus 15%
BEACON PLANNING AND CONSULTING SERVICES, L.L.cl
GENERAL CONDITIONS OF SERVICE r
Client:
Project:
Borough of Carteret
Kinder Morgan
Redevelopment Study and Plan
A06217
January 10, 2007
Project Number:
Date:
1.0 BILLING AND PAYMENT
RETAINER. The Client shall make an initial retainer payment of $00.00 upon execution of this Agreement. Be4con
Planning and Consulting Services, L.L.C. (Beacon) will hold and apply this retainer as defined in the proposal.
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REIMBURSABLE EXPENSES. Client shall pay Beacon for reimbursable expenses, including application ~es,
printing and reproduction, courier and express delivery service, bulk and special mailings, facsimile transmissions, com uter
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. I
INVOICES. Beacon shall submit invoices monthly and payment in full is due upon presentation. Our invoices are dueland
payable upon receipt since there is generally a relatively significant time lag between the rendering of our services and the
submission of our statement. .
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INTEREST. If any invoice is not paid in full within thirty (30) days of receipt, the Client shall pay as interest an additi~>nal
charge of one-and-one-half percent (1.5%) (or the maximum allowable by law, whichever is lower) per month of the P~ST
DUE amount. Payment after that shall first be applied to accrued interest and then to the unpaid principal. !
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COLLECTION COSTS. In the event legal action is necessary to enforce the payment provisions of this Agreemlent,
Beacon shall be entitled to recover from the Client the reasonable attorneys' fees, court costs and expenses incurred by
Beacon in connection therewith. I
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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 ~ave
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. I
PAYMENT OF INVOICES. Payment of invoices is not subject to unilateral discounting or set-ofts by the Client, ~nd
payment for actual services rendered is due despite suspension or termination of this Agreement by either party. I
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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, subjec 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 elem nts
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 ate
of the execution of this Agreement, the quoted prices shall be subject to an increase in accordance with the NY/NJ Consu er
Price Index, using the date of this Agreement as a base, In the event that a Lump Sum Contract item is partially complete 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 anniver ary
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 f4rth
in the Scope of Services are excluded from the scope of Beacon's services and Beacon assumes no responsibility to perflm
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such additional services under the base Contract. If additional work becomes necessary during the course of the pr~ject,
Beacon can perform such Additional Services in accordance with a written Agreement between the Client and Beacon s tting
forth the additional services and fees.
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STANDARD OF CARE ~
The standard of care for services performed or furnished by Beacon under this Agreement will be the care and skill ordi arily
used by members of the same profession practicing under similar conditions at the same time and in the same locality b sed
on facts and information available at the time services are provided. ,
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5.0
INSURANCE
Beacon shall maintain, at its own expense, Workers Compensation insurance, Comprehensive General Liability Insur~nce
and Professional Liability Insurance at all times and will, upon request, furnish insurance certificates to the Client I
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6.0 CONSTRUCTION OBSERVATION SERVICES
If the Scope of Services for this Agreement includes construction observation services, then the following provisions thall
apply:
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During the project construction phase, Beacon shall consult with and advise Client and act as Cli$nt's
representative as provided in the Scope of Services. The extent and limitations of the duties, responsibi~ities
and authority of Beacon as outlined in the Scope of Services shall not be modified, except as Beacon land
Client may otherwise agree in writing. I
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B. Beacon's services during the Construction phase are intended to provide Client a greater degree of confid nce
that the Completed work of Contractor will conform in general to the approved plans and related docum nts
and to provide a general opinion of value of work-in-place based on published references typically utilized i the
industry. Beacon shall not, during visits to the project site or as a result of observation of Contractors wo k in
progress, supervise, direct or have control over Contractor's work nor shall Beacon have authority ov r or
responsibility for the means, methods, techniques, sequences or procedures of construction selecte by
Contractor, for safety precautions and programs incident to the work of Contractor or for any failur of
Contractor to comply with laws, rules, regulations, ordinances, codes or orders applicable to Contra tors
furnishing and performing the work. Accordingly, Beacon neither guarantees the performance of lany
Contractor nor assumes responsibility for any Contractors failure to furnish and perform its work in accordC\nce
with the Contract Documents. '
7.0 INDEMNIFICATION
8.0 LIMITATION OF LIABILITY
Beacon agrees subject to the provisions herein, to indemnify and hold the Client harmless from any damage, liabilit' or
cost to the extent caused solely by Beacon's negligent acts, errors or omissions in the performance of professi nal
Services under this Agreement.
The Client agrees to indemnify and hold Beacon harmless from any damage, liability or cost (including reasontble
attorneys' fees and costs of defense) to the extent caused by the Client's negligent acts, errors or omissions and thos of
his or her contractors. subcontractors or consultants or anyone for whom the Client is legally liable. Beacon is not oblig ted
to indemnify the Client for the Clients own negligence.
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Client and Beacon recognize and agree that Beacon's liability for any and all claims or actions, regardless of how aris~ng.
shall be limited to the total sum of $25,000.00, or Beacon's total fee for services rendered on this project, whichever is I ss.
Client hereby releases Beacon from any liability above such amount. Such claims and causes include, but are not limite to
negligence, professional error or omissions, strict liability, breach of contract or breach of warranty. In no event shall Bea on
be liable for any incidental, indirect or consequential damages, including commercial loss, or lost profits resulting from ny
Service furnished under this agreement. I
OWNERSHIP AND REUSE OF DOCUMENTS I
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All reports, plans, specifications, computer files, field data, notes and other documents and instruments prepared by Bealon
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 othersl 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 hild
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9.0
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harmless Beacon from and against any claims, damages or losses including attorney's fees and costs, arising out tf or
resulting therefrom. I
Beacon grants to the Client and only the Client a non-exclusive, non-assignable and non-transferable license to reprodrce,
distribute and display the Documents, to the extent necessary for the Client to undertake the project. Beacon shall retai 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.
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10.0 CONSEQUENTIAL DAMAGES
Notwithstanding any other provision of the Agreement, neither party shall be liable to the other for any conSequttial
damages incurred due to the fault of the other party, regardless of the nature of this fault or whether it was committed b the
Client or Beacon, their employees, agents, subconsultants or subcontractors. Consequential damages include, but are not
limited to, loss of use or profit. I
11.0 DELAYS I
Beacon is not responsible for delays caused by factors beyond Beacon's reasonable control, including but not Iimite~ to
delays because of strikes, lockouts, work slowdowns or stoppages, accidents, acts of God, failure of any government~ or
other regulatory authority to act in a timely manner, failure of the Client to furnish timely information or to provide re iew
comments promptly; or delays caused by faulty performance by the Client or by contractors of any level. When such de ays
beyond Beacon's reasonable control occur, the Client agrees that Beacon is not responsible for damages, nor shall Bea on
be deemed to be in default of this Agreement.
12.0 CORPORATE PROTECTION
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It is intended by the parties to this Agreement that Beacon's services in connection with the project shall not subject Beac~n's
individual employees, officers or directors to any personal legal exposure for the risks associated with this project. Theref re,
the Client agrees that as the Client's sole and exclusive remedy, any claim, demand or suit shall be directed and/or asse ed
only against Beacon, a New Jersey corporation, and not against any of Beacon's employees, officers or directors. I
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13.0 OVERTIME SERVICES I
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For professional services billed on an hourly basis, Beacon shall bill all overtime services performed by hourly wage earn~rs
(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-Plac.e, the Client understands trat
Beacon has no control over costs or the price of labor, equipment or materials, or over the Contractor's method of prici g,
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. I
15.0 HAZARDOUS MATERIALS
16.0
It is acknowledged by both parties that Beacon's scope of services does not include any services related to aSbestolor
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 ar as
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 applica Ie
laws. I
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The laws of the State of New Jersey will govern the validity of this Agreement, its interpretation and performance. Apy
litigation arising in any way from this Agreement shall be brought in the Courts of New Jersey. I
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GOVERNING LAW
17.0
SURVIVAL
All express representations, indemnifications or limitations of liability made in or given in this Agreement will survivt the
completion of all services of Beacon under this Agreement or the termination of this Agreement for any reason.
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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 0 this
Agreement signifies that each party has read the document thoroughly, has had the opportunity to have ques ions
explained by independent counsel and is satisfied with the terms and conditions Contained herein. Amendments this
Agreement shall not be binding unless made in writing and signed by both the Client and Beacon.
C:beacongencon