Township Council Meeting — Packet

b) 3) Construction Documents will be prepared for the following disciplines and components: i) Demolition c) Repairs and improvements of current conditions. d) The Architect will assist Client in connection with the Client’s responsibility for filing documents required for approval of governmental authorities having jurisdiction over the project. e) The Architect will issue a statement of probable construction cost. Construction Contract Administration a. 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: • The Architect will assist the Client in the process of publicly bidding the work. • Visit the site at intervals appropriate to the stage of construction to ascertain the progress of the work and its general conformity with the Construction Documents. Conduct up to five (5) job meetings with the Contractor(s) and Client Representative. • A full time Roof Monitor can be provided at the work site as an additional service. • 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. • Conduct punch list and final inspections. 4. QUALIFICATIONS a. Proposal assumes that this project will be administered and bid as a single overall contract. b. This proposal limits the duration of the architect’s construction administration services to a period not to exceed 90 calendar days. c. This proposal excludes: • Site Plan (zoning) approval process. • Property Survey. • Permit application fees. • Abatement of hazardous or otherwise controlled materials. • Revisions to documents made after acceptance by the client or jurisdictional agencies or authorities. • Revisions to documents due to changes made in field or due to substitution or alteration of specified materials or methods. • Fulltime Roof Monitor during construction. • Structural Engineering. • Special Consultants. • Destructive Testing. d. The 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

l 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. e. 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. 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