35-19 Exhibit-CME Associates.pdf

Exhibit “A”

AGREEMENT FOR MUNICIPAL ENGINEERING SERVICES THIS AGREEMENT made and entered into on this ___ day of January, 2019 by and between the TOWNSHIP OF WEST ORANGE, a municipal corporation of the State of New Jersey, located at Town Hall, 66 Main Street, West Orange, County of Essex and State of New Jersey, hereinafter called the “TOWNSHIP”, party of the first part, and CME ASSOCIATES, located at 3141 Bordentown Avenue, Parlin, New Jersey 08859-1162, hereinafter referred to as “CONSULTANT,” party of the second part. WITNESSETH THAT: WHEREAS, the Governing Body of the TOWNSHIP has determined that it is in the best interests of the TOWNSHIP to continue to retain the services of CONSULTANT to provide municipal engineering services; NOW, THEREFORE, in consideration of the mutual promises, terms and conditions hereinafter set forth, the parties hereto agree as follows: 1. The TOWNSHIP hereby retains the services of CONSULTANT for the period January 1, 2019 through December 31, 2019 at the rates set forth in on the rate schedule annexed hereto as Exhibit “A.” 2. CONSULTANT is hereby placed on notice that no Department Head, individual member of the Governing Body, or any agent, servant or employee of the TOWNSHIP possesses any lawful authority to: (a) engage the rendition of services or the performance of work; (b) authorize the continuation of services or work beyond the amount specifically approved in the Resolution and Certificate of Funds; or to (c) represent that future funds will be available as compensation for current services. Any such acts shall be deemed ultra vires and beyond the scope of any authority that individual may possess. No bills, statement or vouchers for any amount exceeding that originally approved will be honored or paid by the TOWNSHIP, irrespective of whether such services were actually performed.

3. CONSULTANT recognizes that all services rendered are subject to the approval of the Chief Financial Officer, and that payment for such services is conditioned upon the issuance of a Purchase Order by the Township encompassing the services for which compensation is sought. 4. CONSULTANT shall submit detailed invoices to the TOWNSHIP for services rendered each month no later than fifteen (15) days subsequent to the close of the month. All invoices submitted by CONSULTANT shall set forth with specificity the tasks performed, the individual performing the tasks, and the amount of time spent on each task. 5. During the term of this agreement, CONSULTANT shall maintain professional liability malpractice insurance coverage with an insurance company licensed and authorized to do business in the State of New Jersey with coverage not less than $1,000,000. CONSULTANT shall provide the Township Attorney and Municipal Clerk with proof of a valid certificate of insurance listing the TOWNSHIP as a certificate holder. To the extent that this insurance coverage is scheduled to lapse at any time before the end of the contract, CONSULTANT shall provide proof of renewal or new insurance coverage no later than thirty (30) days before the termination of the current coverage. 6. The provisions of this agreement are subject to the limitations of provisions of the New Jersey Tort Claim Act, N.J.S.A. 59:2-1 et seg., and the New Jersey Contractual Liability Act, N.J.S.A. 59:13-1 et seq. q: This agreement shall be governed by the laws of the State of New Jersey without regard to principles of conflict of laws. All contract claims under this agreement shall be subject to and governed by the provisions of the New Jersey Contractual Liability Act (N.J.S.A. 59:13-1 et seq.

IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. TOWNSHIP OF WEST ORANGE ATTEST: By: KAREN J. CARNEVALE, R.M.C ROBERT D. PARISI, MAYOR WITNESS: Eben 1 Irarund— 4831-8050-4197, v. 1

Exhibit “A”

ASSOCIATES MUNICIPAL ENGINEERING SERVICES GENERAL CONDITIONS AND HOURLY RATE SCHEDULE TO JANUARY 1, 2020 $170.00 Per Hour $169.00 Per Hour Senior Project Manager. Project Manager... Project Leader . Professional Engineer Senior Project Engineer Project Engineer Senior Design Engineer Design Engineer Senior Engineering Technician Engineering Technician/Management Information Systems Technician.. Professional Land Surveyo! Land Surveyor-........... Robotic Total Station Party Chief.. Survey Technician . Resident Engineer. Chief Construction Engineer .. Senior Construction Engineer Construction Engineer Chief Construction Technician . Senior Construction Technician . Construction Technician Technical Assistant. Senior CAD Technician . Licensed Landscape Architect . Senior Landscape Designer Certified Tree Expert Landscape Designer. Director of Planning. Professional Planner Project Planner. Planning Technician . Principal . Partner sesene : Managing Partner/Administrative Partner -$166.00 Per Hour $145.00 Per Hour -$ 70.00 Per Hour $126.00 Per Hour $115.00 Per Hour $145.00 Per Hour ..$126.00 Per Hour $198.00 Per Hour Environmental services will be billed in accordance with CME’s Environmental Rate Schedule Invoices - CME Associates (CME) will submit invoices to Client monthly and a final invoice upon completion of services. Payment is due upon presentation of invoice and is past due thirty days from invoice date. Client agrees to pay a finance charge of one and one-half percent per month, or the maximum rate allowed by law, on past due accounts. In the event that the invoice is not paid voluntarily and promptly, and must therefore be referred to an attorney or agency for collection, the Client agrees to pay a collection fee equal to the actual attorney or agency collection fee incurred by CME. Overtime rates are applicable after eight hours Monday through Friday, and all day Saturday and Sunday, and charged at one and one-half times the quoted rate. Holidays are charged at two times the quoted rate. Expenses incurred for reproduction, Postage handling, photographs and for services including subconsultants equipment and facilities not furnished by CME are charged to the Client at cost plus fifteen percent. Automobile travel may be charged at the current rate per mile allowed by the internal Revenue Service. ‘Standard of Care - Services performed by CME

harged to the Client at cost plus fifteen percent. Automobile travel may be charged at the current rate per mile allowed by the internal Revenue Service. ‘Standard of Care - Services performed by CME under this Agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members Of the profession currently practicing under similar conditions. NO OTHER WARRANTY, EXPRESSED OR IMPLIED, |S MADE, Contaminated Material - It is understood that CME is not, and has no responsibility as a handler, generator, operator, treater or storer, transporter or disposer of hazardous or toxic substances found or identified at any site. Client shall undertake or arrange for, either directly or indirectly through other contractors, the handling, removal, treatment, storage. transportation and disposal of hazardous substances or constituents found or identified at any site. Utilities - In the execution of the work, CME will take all reasonable precautions to avoid damage or injury to subterranean structures or utilities. The Client agrees to hold CME harmless for any damages to subterranean structures which are not called to CIME's attention and/or not correctly shown on the plans furnished. MU_19N.DOC