CREST. Engineering Associates Inc. November 12, 2015 File # N-3044 Proposal # Via

Transcription

1 CREST November 12, 2015 File # N-3044 Proposal # Dominick Bonomo 169 Fresh Ponds Road South Brunswick, NJ Engineering Associates Inc. Via dominick777@comcast.net Re: Lots 26.07,29 & 47, Block 24 South Brunswick Township, NJ Dear Mr. Bonomo, Based on our meeting yesterday, we are pleased to provide this proposal for professional services for the above referenced site. We propose the following scope of work, and associated fee schedule. SCOPE OF WORK ITEM 1 : (COPL) CONCEPT PLAN Prepare a conceptual plan with the current zoning of a proposed four (4) lot subdivision with variances for your use...$ (Client requested changes to the plan will be billed per the attached hourly rate schedule.) ITEM 2 : (MTGS) MEETING ATTENDANCE (per professional attending) a. Client meetings, Conference calls...$ HOURLY ITEM 3 : (PRIN) REIMBURSABLE EXPENSES a. Reproduction services including plan prints, photocopies...see Attached Rate Schedule b. Postage, overnight mail, deliveries, certified mailings...$ COST PLUS 15% c. Mileage Reimbursement...SEE ATTACHED RATE SCHEDULE This proposal is limited solely to the items discussed above and will remain in effect for thirty (30) days after which time it may be considered unilaterally withdrawn and subject to renegotiation if it has not been executed. Services requested beyond the scope of the preceding items will not be performed without the prior authorization of the person(s) signing this proposal or his/her assigned agent (i.e., unless the person signing the proposal authorizes his contractor as agent, we cannot perform services at the contractor s request). Authorized services performed beyond the scope of this contract will be billed pursuant to the attached Standard Rate Schedule, which shall remain in effect until December 31, 2016 CHANGES: Scope of Services, Regulations, Client Preferred, Township Imposed, Unforeseen Conditions. The foregoing proposal is based on the ordinances, regulations, and checklists in effect at the time of the preparation of this proposal. Plans and documentation will be prepared in accordance with these requirements. 100 Rike Drive 12 Robbins Parkway Millstone Township, NJ Toms River, NJ Ph Fax Ph Fax crestnj@crestengineering.net

2 Page 2 If during the course of providing the services outlined herein, any regulations, ordinances, checklists or policies are changed or are contradicted by the approving bodies and these changes or contradictions cause Crest Engineering to incur more service time to complete, this additional time will be billed at an hourly rate per the attached rate schedule unless a quotation for the additional work is specifically requested by the client. Changes made to the plans as a result of client preferred revisions (i.e. architectural footprints, locations of site elements, agreements with township officials and professionals, surrounding property owners or any other such individual) which may cause to have impact on the final plan, will also be subject to the aforementioned hourly billing. Additionally any unforeseen soil, structural, environmental, or legal conditions which were not made evident at the onset of this project may be subject to additional charges if increased service time is required to resolve them. REUSE OF DOCUMENTS - All documents including original drawings, reports, data base calculations and specifications prepared by Crest Engineering Associates Inc., (hereafter referred to as Crest), pursuant to this Agreement, are and remain the property of Crest as instruments of service with respect to the project. Copies of all records will be provided upon written request and complete payment for services. Electronic copies of records are excluded from this agreement. Copies are not intended or represented to be suitable for reuse by the Owner or others on extensions of the project or any other project. Any reuse of the documents, for other than the project or the purpose specifically intended, without the written consent of Crest, is prohibited. The Owner shall indemnify and hold harmless, Crest from all claims, damages, losses and expenses including attorney's fees arising out of or resulting from such prohibited use. Any such verification or adaptation will entitle Crest to further compensation at rates to be agreed upon by Owner and Crest. It is understood that the undersigned agrees to pay Crest Engineering for the work performed without regard to the success or failure of the project and payment shall not be contingent on reimbursement from any third parties. Invoices unpaid after thirty (30) days will be assessed late penalties consisting of 1.5% per month on the balance outstanding. STANDARD OF CARE- In performing the services outlined above, we agree to exercise professional judgment, made on the basis of the information available to us. The client agrees to cooperate fully with Crest Engineering and to give prompt written notice whenever the client becomes aware of any development that affects the scope or timing of the service to be provided or any defect, error or omission in the work. LIMITATION OF LIABILITY - The liability of Crest for any reason whatsoever arising under or relating to this Agreement, will not exceed the aggregate amount of the fee actually received by Crest. In addition, in no event will Crest be liable for any claim or demand by client, or against client by any third party, in or for any amounts representing loss of profit, loss of business, delay damages or special indirect, incidental, consequential, exemplary or punitive damages. The provisions of this paragraph shall apply regardless of the form of the cause of action, whether in contract, tort (including, without limitation, negligence), statute or otherwise. Crest Engineering shall be liable to the client only for direct damages that result from their sole negligence or willful misconduct in the performance of it's services. Under no circumstances shall Crest Engineering be liable for indirect or consequential damages caused by the client's or the contractor's failure to perform it's obligations. INDEMNIFICATION - If any claim, suit or legal action arising out of the services under this Agreement is asserted against Crest by a person or entity who is not a party to this Agreement, Client agrees to indemnify, hold harmless, protect and defend Crest from and against any such claim, suit or legal action, and any and all loss, liability, damage, costs and expenses associated therewith, except to the extent that the event and/or damages giving rise to such claim, suit or legal action is found to have been caused by the negligence of Crest.

3 Page 3 The client s obligation hereunder includes, but is not limited to, the payment of attorney s fees, court costs, and expert and consulting expenses required for the proper and vigorous defense of Crest. NO THIRD PARTY BENEFICIARIES - Nothing in this Agreement shall create a contractual relationship with, or cause of action in favor of, a third party against client or Crest. PAYMENT FOR SERVICES - Crest will invoice monthly and payment will be due as work progresses or as a particular phase of the project/design (by item number) is completed and is ready for submission. Partial billing for services which are started, then put on hold or delayed by the client or any person or agency not associated with Crest Engineering Associates, will be provided and is subject to payment terms outlined herein. Payment in full for invoices submitted is required within fourteen (14) days of billing date. A service charge of 1½% per month (18% APR) will be added to invoices over 30 days until payment is made. If payment for an invoice is not received within sixty (60) days, no additional work will be provided until said payment is received. If payments for an invoice are not received within ninety (90) days, the client may be subject to the filing of a lien or other legal action on the subject property or any other property owned by the client. Disputed charges, if any, must be brought to our attention in writing within 30 days of the invoice date. Once that date has passed, rights to dispute charges are waived by contract and full payment is required. Client will be responsible for all costs resulting from any legal action which becomes necessary as a result of lack of timely payment of invoices. The client, if not the owner of the property, certifies that he/she has a legal right to allow the services requested herein to be performed on the property described herein and has advised the owner of the services to be provided for the benefit of the property. The owner has authorized entry onto the site to complete these services. If this proposal is satisfactory, please sign in the space provided and return the original to our office, while keeping the duplicate copy for your records. If a purchase order is required please provide on the appropriate line below. Receipt of the signed proposal and the required retainer amount will be our authorization to commence work. The fees quoted in this contract will expire 6 months from the date of this proposal if the project has not been completed. Contracts which are canceled, after authorization to commence, are subject to a minimum $ processing charge. All services or portions of service items completed, up to the point at which the contract was canceled or put on hold, will be billed in accordance with the hours expended, or per the quoted fee, if the item is completed. Sincerely, Richard P. Wiener LLA, P.P. For the Firm RETAINER AMOUNT: $ Due upon execution of this contract Accepted by: 11/16/15 Signature Date Dominick Bonomo Name (Printed or Typed)

4 Page 4 Title CREST ENGINEERING ASSOCIATES INC. Standard Rate Schedule SENIOR PRINCIPAL ENGINEER $170.00/HOUR PROFESSIONAL ENGINEER $140.00/HOUR DESIGN ENGINEER $115.00/HOUR STAFF ENGINEER $95.00/HOUR PRINCIPAL LANDSCAPE ARCHITECT LANDSCAPE ARCHITECT $95.00/HOUR PRINCIPAL LAND SURVEYOR PROFESSIONAL LAND SURVEYOR $125.00/HOUR SENIOR SURVEY TECHNICIAN $95.00/HOUR SURVEY TECHNICIAN $75.00/HOUR 2-MAN FIELD CREW $145.00/HOUR 3-MAN FIELD CREW $185.00/HOUR SENIOR ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SPECIALIST $90.00/HOUR ENVIRONMENTAL TECHNICIAN $55.00/HOUR SENIOR CADD OPERATOR $90.00/HOUR CADD OPERATOR $75.00/HOUR SENIOR ADMINISTRATIVE ASSISTANT $60.00/HOUR ADMINISTRATIVE ASSISTANT $50.00/HOUR PRINTING SERVICES MYLAR REPRODUCIBLE VELLUM 24 x 36 $70.00 EACH 24 x 36 $40.00/EACH 30 x 42 $85.00/EACH 30 x 42 $65.00/EACH PRINTS/PHOTO & OVERSIZE COPIES 24 x 36 $4.25/EACH 30 x 42 $5.25/EACH 17 x 11 $1.95/EACH 18 x 24 $3.00/EACH 8 ½ x 11" $0.35/EACH 8 ½ x 14" $0.40/EACH * other sizes pro-rated...color copies are double the rate noted above ELECTRONIC FILES (DISC/CD OR ): $ / DRAWING Electronic pdf copies Drawings: $35.00 first drawing $5.00 each additional drawing Documents and report copies: $5.00 first page 0.25 each additional page MILEAGE REIMBURSEMENT: $0.55/per mile NOTE: If documents are requested by Delivery, Certified Mail or overnight service, 15% will be added to the

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