256-26 Proposal - 10 Rooney_Cir_Restrooms.pdf

HERBST-MUSCIANO, LLC Architecture & Planning New Jersey Certificate of Authorization AC 830 611 Main Street, Second Floor, Boonton, New Jersey 07005 Tel 973 538 3815 Fax 973 538 4095 www.herbstmusciano.com i. Unless otherwise provided in this Agreement and incorporated in the Contract Documents, the Architect will provide administration of the Contract for Construction generally as follows:  Provide signed and sealed documents for filing  Visit the site during construction  This phase is limited to 3 calendar months  Hold up to 6 job-meeting conference calls with the Contractor and Lincoln’s Representatives.  Review and approve or take the other appropriate action on Contractor's submissions of shop drawings, including pre-engineered components, and product literature with respect to their conformity with the Contract Documents.  Review and take action on Contractor’s applications for payment.  Respond to contractor's questions and requests for information.  Prepare finish selections for all specified products and finishes.  Conduct punch list and final inspection. 3. QUALIFICATIONS i. This proposal limits the duration of construction administration to a period not to exceed 3 months. ii. This proposal excludes: a. Site plan (zoning) approval process. b. Boundary Survey. c. Site plan and permit application fees. d. Identification, handling or abatement of hazardous or otherwise controlled materials. e. Revisions to documents made after acceptance by the Town or jurisdictional agencies or authorities. f. Revisions to documents due to changes made in field or due to substitution of products or changes of specified materials or methods. g. Additional construction administration iii. Client shall defend, hold harmless and indemnify the Architect for all claims, expenses, loss or liability (including attorney’s fees) incurred during the construction and/or use of the facility when constructed in accordance with plans and specifications prepared under the terms of this agreement, except as solely by reason of the acts or omissions or negligence of the Architect. Such indemnity shall extend to include all claims, expenses, loss or liability, which occurs due to construction material or methods not in complete conformity with the requirements of the plans and specifications. iv. Any controversy, dispute or question arising out of, in connection with or in

to construction material or methods not in complete conformity with the requirements of the plans and specifications. iv. Any controversy, dispute or question arising out of, in connection with or in relation to this agreement or its interpretation or performance or breach thereof shall be determined by arbitration conducted in New Jersey in accordance with the then existing rules of the American Arbitration Association, and judgment upon any award of damages may be entered by the highest court having jurisdiction. Each party shall select an arbitrator and selected arbitrator shall select a third arbitrator who shall conduct the arbitration. All expenses incurred or paid by reason of this arbitration, including the reasonable fees and expenses of the arbitrator shall be borne equally by the parties hereto. C. COMPENSATION 1. A fixed fee payable monthly in proportion to services rendered, with overall fee attributed generally as follows: Task Est. Man- Hrs Av. Hourly Rate Fee $ Notes Construction Drawings 150 150 22,500. Man-Hrs are for reference only Contract Administration 70 150 10,500. Man-Hrs are for reference only TOTAL SERVICES $33,000. a. Reimbursable expenses are in addition to basic fixed fee compensation and are payable at a multiple of 1.10 times amounts expended by the Architect.