138-18 PSS - Attachment - Lafayette Park.pdf

211 Warren Street Suite 209 Newark, NJ 07103 1. 973.230.1984 May 4, 2018 Mr. Leonard R. Lepore Director/Municipal Engineer Department of Public Works West Orange, NJ 07052 Re: Professional Engineering Services Improvements to Lafayette Park, West Orange, New Jersey Dear Mr.Lepore: Pursuant to your request, we respectfully submit the following proposal for professional design services for the Improvements to Lafayette Park project. Itis our understanding that you wish to generate bid documents for the proposed improvements at Lafayette Park which will include the following; a volleyball court, a futsal court and associated appurtenances. The layout and design will be based on the schematic plan that was provided by the Township. Our office will conduct a site inventory of the existing site conditions which will be the basis for the proposed improvements. We will prepare plans and specifications that will designate and specify all items discussed within the RFP; field survey, design plans of color coated hard surfaces with lines and markings, a_ soft or rubberized layer between the hard surfaces and the color courses, fencing, other appurtenances as necessary, a soil erosion and sediment control plan with application to the local SCD, specifications, bid documents and grant administration. A. SCOPE OF SERVICES Listed below are the work items which will be required for this design along with the associated scope of services: a) Partial Topographic Survey A topographic survey will be performed in accordance with New Jersey State Regulations. The topographic survey will be of the areas delineated in the RFP for the Lafayette Playground. All survey work will be in accordance with Green Acres Program Scope of Survey Service and Standard Detail Requirements dated July 1, 2017 as published by the New Jersey Department of Environmental Protection. Topographic survey of the subject property and 100 feet beyond limits as requested will be performed by a combination of ground survey, drone aerial mapping technology, VRS and Static GPS (Global Positioning System). Site improvements will be shown on the plan as requested. We will locate and provide elevations of all surface features within the project area including, but are not limited to top and bottom of curb and retaining walls, inlets, manholes, valves, hydrants, shrubs, trees, fences, guardrails, signs and

surface features within the project area including, but are not limited to top and bottom of curb and retaining walls, inlets, manholes, valves, hydrants, shrubs, trees, fences, guardrails, signs and striping. The ground control network will be based on New Jersey State Plane Coordinate System established in 1983 (NAD83) and North America Vertical Datum of 1988 (NAVD88). The plan will be created in AutoCAD format at a scale 1"=30", 1 foot contour interval. PS&S survey crews will also perform a survey of utilities within the site and adjoining streets. We will make reasonable investigations concerning the location and size of underground utility lines on site Where surface indications of the presence of such utilities are apparent, such features will be located on the plans. However, PS&S cannot be responsible to detect or locate buried utilities for which no surface indications are present, nor shall PS&S be responsible for the accuracy of information taken from records and drawings provided by others or locations marked out by utility companies.

b) °) e) 9) h) Existing Conditions/Demolition Plan An Existing Conditions/Demolition Plan will be prepared exhibiting the current existing site structures and utilities, contract limit line and areas scheduled for repair, demolition and/or the removal of materials and a categorized inventory of material type to be removed or repaired. Site Plan A plan will be developed with the layout of the proposed volleyball court, a futsal court and associated appurtenances along with the surrounding court access. Site elements including; fencing, nets, courts, existing features, etc. will be graphically defined on the plans. Grading and Drainage Plan Utilizing the existing topographical survey provided by the owner, a detailed Grading Plan will be prepared with existing and proposed relative grading delineated by spot elevations and contours to properly establish and integrate the Courts into the existing landscape. Paving Plan A Paving Plan will be prepared exhibiting and delineating all proposed pavement types and paving system interfaces. Details, specifications and special installation notes will be incorporated into the plans. Pavement types, finishes, color, and special conditions will be exhibited in a composite Pavement Schedule. Materials and color shall be approved by the owner prior to completion of Construction Documents. Detail Sheet(s) and General Notes A Detail Sheet(s) will be prepared exhibiting site construction details, plan enlargements, site sections, planting details and general notes required for the proper installation of the proposed improvements. Bid Specifications Bid specifications will be prepared and will include all necessary provisions required for the proper installation of the proposed improvements as indicated on the Drawings. The specifications shall include all necessary information for bidding purposes including Bid Item List and Written Technical Specifications. Meetings As part of the Design Services Agreement, PS&S anticipates two (3) site meetings to present, review, and discuss the plans, budget, and cost estimate during the initial Phase with the Township and/or contractors. All meetings above and beyond the outlined scope above will be billed on a time and expenses basis in accordance with the attached Schedule of Charges and General Conditions. NOTE: Sections a through h as outlined above do not indicate

tlined scope above will be billed on a time and expenses basis in accordance with the attached Schedule of Charges and General Conditions. NOTE: Sections a through h as outlined above do not indicate the number of sheets but rather the information that will be contained within the set of construction contract documents. ADDITIONAL SERVICES The scope of services presented above is intended to describe services and deliverables associated with design development and construction document preparation and submittal. The scope of services is based upon site and project information provided by the client. During the course of the concept phase consulting services, additional information that becomes known about the site, changes in site design or project components, or requests by review agencies may result in the need to perform additional analyses.

OUT-OF-SCOPE SERVICES Any services not specifically described in the above scope are not included in this proposal and would be considered out of scope services. If requested by the client, PS&S can provide out of scope services subject to separate authorization for an additional fee determined on a time and expenses basis in accordance with the attached Schedule of Charges and General Conditions (SCGC) DESIGN FEE! PS&S proposes to provide the services described in this proposal for the lump sum fee shown below to be invoiced on a percent complete basis. Clerical and overhead costs are included within the lump sum fee. Expenses will be billed separately in accordance with SCGC Mileage will be billed separately at the standard federal per mile rate. A schedule of hourly rates follows. DESIGN FEE.......cesecsececsecescsecsscseeseesessesseeecsserecsessesensessesiatrceeieieed $26,300.00 NOT included in the services and fees listed above are the following; Permit Fees Replacement Parcel Survey, if this is considered a Green Acres Diversion Parcel requiring a replacement parcel. Construction Administration Municipal Engineering Review, Revisions, and Public Meetings Site Plan Approval or Construction Permit Applications Zoning/Planning Board meetings if Applicable Project Management or General Contracting Services Irrigation Design AUTHORIZATION PS&S appreciates the opportunity to prepare this proposal. We look forward to working with you on this project. If the terms and conditions described above meet with your approval, please indicate your authorization to proceed by signing in the appropriate space below and returning one signed copy to our office. If you have any questions regarding this proposal, please contact us at your earliest convenience Sincerely, PAULUS, SOKOLOWSK! AND SARTOR, LLC &y add Craig R. Cartmell, LLA Project Landscape Architect

PROPOSAL, SCHR & GCS ACKNOWLEDGED AND ACCEPTED: CLIENT: Township of West Orange SIGNATURE: NAME: TITLE: DATE:

67A Mountain Bivd Ext PO Box 4039 Warren, NJ 07059 on Proposal/Contract No Date GENERAL CONDITIONS OF SERVICE These General Conditions of Service and the PS&S Rate Scheclule are attachments to this PS&S Proposal. Together they comprise the agreed terms under which PS&S will provide its Services (hereinafter referred to as the "Agreement’) for the project described in the Proposal (the *Project") Any Services requested or required that are not described in the Proposal are considered to be Adcitional Services. Additional Services will require written amendment to this Agreement before being performed 1, CHARGES FOR SERVICES When PS8S is to be paid on the basis of time expended and expenses incurred on the Projact, compensation shall be determined using the hourly rates on the attached Schedule of Charges & Hourly Rates. These rates are effective for six months from July 1, 2017. PS&S reserves the right to increase its rates every six (6) months. However, in no event shall the rales be increased by more than ten percent (10%). If PS&S is to be paid on a fixed-fee or lump-sum basis, compensation shall be paid either on a percentage-of-completion basis, or in accordance with the milestone achievement schedule included in the Proposal. If the Client requests PS&S to provide other Services in addition to those described in the attached Proposal, PS&S requires a written additional service authorization amending this Agreement, before PS&S will proceed with that work, 2. CHARGES FOR OTHER DIRECT PROJECT EXPENSES All other expenses incurred for a Projact will be separataly billed at actual cost plus fifteen percent (15%). Such expenses include, but are nat limited to, costs for: subcontractor(s)/consultant(s); laboratory; reproduction [printing, binding, etc]; special equipment required for Project execution; Project-required travel; special insurance coverage in excess of or different from PS&S's standard insurance coverage; and, any other costs particular to Project engagement. Mileage costs will be billed at the rate authorized by the Intemal Revanue Service. If rental vehicles are used (at the option of PS8S), the actual rental charges plus fifteen percent (15%) will be billed instead of using the IRS mileage reimbursement rata 3. TIME FOR PERFORMANCE Delays created by scheduling of government meetings, or by Client not responding timely to requests

t (15%) will be billed instead of using the IRS mileage reimbursement rata 3. TIME FOR PERFORMANCE Delays created by scheduling of government meetings, or by Client not responding timely to requests for input, information, or decisions may extend the Project schedule and require an increase in PS&S's compensation. If PS&S's Services have not been completed by the date established in the Proposal for the completion of Services, through no fault of PS&S, all PS&S Services provided thereafter shall be compensated on an hourly-rate basis using the rates attached, notwithstanding any other compensation amount set forth in the Proposal Neither party shall be liable to the other for any dolay or failure in performance of any of the obligations under this Agreement to the extent such delay or failure is caused by fire, flood, earthquake, civil, governmental or military authority, acts of God, war, terrorist acts, or other similar causes beyond a party's reasonable control and without the fault or negligence of the delayed or non-performing party, 4. PAYMENT Invoices for all Services; will be issued on a monthly basis; are considered due upon receipt; and, must be paid within 30 days of the invoice date. Interest at one percent (1%) per month (but not exceeding any maximum rate allowed by law) will be charged on any invoice amount not paid within 30 days of the invoice date. All reasonable attorney's fees and costs incurred by PS&S to collect any delinquent amounts shall be added to the amount to be paid by the Client, PS&S shall not be obligated to deliver any documents for governmental review, deliver any documents or Services for the next Project milestone, Page 1 of 2 sign and seal documents (or any final Construction Documents), nor shall PS8S be obligated to commence providing any Services during the Construction Phase of a Project while any invoice for properly performed Services (or previously delivered document) is due and remains unpaid more than 30 days after invoice date. If any undisputed invoiced amounts are not paid within 60 clays of invoice date, PS&S may suspend its Services or terminate this Agreement whether on this project or another PS&S engagement. Once Services are suspended for nonpayment, they will be resumed at the discretion of PS&S but only when all unpaid amounts, including accrued interest, are paid in full on all other

PS&S engagement. Once Services are suspended for nonpayment, they will be resumed at the discretion of PS&S but only when all unpaid amounts, including accrued interest, are paid in full on all other engagements. If PSAS terminates this Agreement for non-payment, the Client shall also be obligated to pay the reasonable costs associated with termination, A suspension of Services shall not preclude PS&S from later electing to terminate this Agreement for continued non-payment of its invoices. Any failure by PS&S to terminate or suspend Services shall not constitute a waiver of, nor be considered a limitation of, these or any other rights and remedies available at law or equity. If the Client requests PS&S to suspend Project Services for more than 60 days, the Client shall pay PS&S a charge of not more than ten percent (10%) of the amount due for the remaining unperformed Services, as a condition for PS&S to resume the performance of its Services, accarding to.a mutually acceptable revised Project Schedule. 5. TAXES It applicable, the Client shall pay the cost of any sales, use, excise, value- added or other tax, which is or may become applicable to the Services, in addition to the amount of compensation cue to PS&S under this Agreement 6. PS&S’S RESPONSIBILITIES PS&S shall perform its Services in a manner consistent with that level of skill and care ordinarily exercised by other professional consultants providing the same or similar Services, uncer similar circumstances and location that exist at the time of providing the Services. PS&S represents that it is duly qualified to provide the Services that are covered by this Agreement and that it is authorized to enter into and execute this Agreement. No other representation, express or implied, and no warranty or any guarantee is made as part of this Agreement, or in any report, document or ather communication provided as part of the Services. If changes are made by the Client or others to aspects of the project, such as location, that affect the design documentation or Services provided by PSS, all PS&S liability for such changes and their consequences shall be waived by the Client andl Client shall have sole responsibility and liability for such changes and their consequences, unless PS&S was previously advised in writing of such changes, and allowed the proper time in accordance with applicable

have sole responsibility and liability for such changes and their consequences, unless PS&S was previously advised in writing of such changes, and allowed the proper time in accordance with applicable professional standards, to evaluate such changes. Client shall compensate PS&S for the time required to provide any evaluation required due to such changes. PS&S's Services are provided to meet the requirements of applicable standards of care, applicable laws, building codes and regulations to obtain needed approvals and permits of governmental authorities with jurisdiction over the project. These requirements may be interpreted differently by government inspectors and building officials, requiring changes to the design documents and the project construction even after permits and approvals have been issued. While this may increase the construction costs of the Project, it does not mean that the design documents were not prepared to meet applicable requirements or professional standards, The additional costs that result, if any, will be deemed to be value-added items, as if required in the original design documentation, and shall not be the basis for any claim for damages against PS&S. Effective Date: July 1, 2017