In the Not to Exceed Amount of $7,000

Resolution #2010-0328

Awarding a Professional Services Contract for Mechanical, Electrical System and Plumbing Design for the Replacement of Existing Boiler with New 300,000BTU/hr unit, Solar Thermal System Installation, and HVAC Control System in theBernards Township Engineering Services Building to Robert A. Benson, P.E., NJ Lic # 24GE04645200of the firm DCM Architecture & Engineering, LLC

In the Not to Exceed Amount of $7,000

WHEREAS, the Township of Bernards requires professional mechanical, electrical system and plumbingdesign for the replacementof Existing Boiler with New 300,000BTU/hr unit, Solar Thermal System Installation, and HVAC Control System in the Bernards Township Engineering Services Building; and

WHEREAS, Robert A. Benson, P.E., NJ Lic # 24GE04645200of the firm DCM Architecture & Engineering,has submitted a proposal dated September 7, 2010, outlining services to the township; and

WHEREAS, N.J.S.A. 40A:11-5 of the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) exempts such professional services from competitive bidding; and

WHEREAS, this professional services contract is not subject to the requirements of N.J.S.A. 19:44A-20.4, et seq as the contract amount is under the threshold; and

WHEREAS, the treasurer has certified that funds are available in the budget; the line item appropriations to be charged is Capital Ordinance # 2120, line account # C-04-55-120-C01.

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Bernards that a professional service contract be awarded toRobert A. Benson, P.E., NJ Lic # 24GE04645200 of the firm DCM Architecture & Engineering LLC, 200 Federal Street, Suite 211, Camden, NJ 08103as follows:

1. The contract will encompass services as outlined in the submitted proposal dated September 7, 2010.
2. The contract term is from September 28, 2010through September 27, 2011 forMechanical, Electrical System and Plumbing Design for the Replacement of Existing Boiler with New 300,000BTU/hr unit, Solar Thermal System Installation, and HVAC Control System in the BernardsTownshipEngineeringServicesBuildingat a not to exceed amount of $7,000.00.This amount includes $6,500.00 for the agreement as proposed by DCM Architecture & Engineering LLC and $500.00 to cover any additional costs accrued such as additional copies of drawings and any additional consultation fees other than those outlined in the Scope of Work.
3. Billings must be rendered by the contractor within 30 days of service delivery.
4. Any modification to this contract shall be requested in writing, approved by the Township Committee, and signed by both parties and upon obtaining said signatures shall immediately become part of the contract.
5. No payments in excess of the “not to exceed” contract amounts will be approved, unless such services/expenditures are negotiated, agreed upon, and approved by the Township Committee in advance of service delivery.
6. This contract shall, for all purposes, be deemed a NJ Contract and any provisions of this contract shall be governed and interpreted with the Laws of the State of New Jersey.
7. The contractor shall report directly to Pat Monaco, Director of Public Works, who will be the chief contact for the Township of Bernards on this project.

NOW THEREFORE BE IT FURTHER RESOLVED, by the Township Committee of the Township of Bernardsthat a copy of this resolution be published in the official township newspaper, and be placed on file and available for public inspection in the office of the Bernards Township Purchasing Agent.

I agree to the terms as stated in the Resolution and by signing this document I, Robert A. Benson, P.E. , NJ Lic # 24GE04645200 of the firm DCM Architecture & Engineering LLC, am committed to follow all terms of this award.

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Robert A. Benson, P.E. , NJ Lic # 24GE04645200 of the firm DCM Architecture & Engineering, LLC

Agenda and Date Voted: September 28, 2010