125-22 Attachment - Admin Procedures Appendices Final Revised March 2022.pdf

is change to the Work . Construction Manager (CM) Recommendation (if applicable) Township of West Orange Name: ___________________________________________________ Department of Administration __________________________________________ _____________ Division of Engineering Signature Date Architect / Engineer (A / E) Recommendation Project Manager Approval Name ________________________________________________ Name ____________________________________________ __________________________________________ ____________ __________________________________________ _________ Signature Date Signature Date Contractor Concurrence Name _________________________________________________ __________________________________________ _____________ Signature Date

APPENDIX F SAMPLE PROFESSIONAL SERVICES CONTRACT Procedure for Administration and Inspection of Federal Aid Highway Projects

Sample APPENDIX F PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT (“Agreement”), made this ____ day of _______________, 2022 by and between: TOWNSHIP OF WEST ORANGE A municipal corporation of the State of New Jersey with offices located at 66 Main Street, West Orange, New Jersey 07052 (“Township of West Orange”) and: NAME ADDRESS ADDRESS (“________”) (Collectively, “Parties”) W I T N E S S E T H: WHEREAS, the Mayor and Board of Aldermen of the Township of West Orange wish to retain the services of ________________________ to provide professional planning services, per __________________’s proposal dated ____________ __, 2022; and WHEREAS, N.J.S.A. 40A:11-1 et. seq. requires that all contracts be in writing; and WHEREAS, the Township of West Orange wishes to enter into a written contract with _____________. NOW, THEREFORE, IN CONSIDERATION OF the mutual covenants and agreements herein contained, the Parties agree as follows:

1. _____________________ shall be paid a fee not to exceed $______ to provide professional planning services. The services provided should include, but not be limited to, the following: “Services” shall include all related services to which ________________ has been retained, in accordance with its proposal dated _________________ __, 2022, attached hereto as Exhibit A. 2. ______________________ has been retained to provide the above-referenced professional services and it is understood and agreed that the services shall be performed by it and professionals within the firm. Under no circumstances does _______________________ have the authority or ability to name any other professional outside of its firm to perform services for the Township of West Orange in connection with this Agreement. 3. ___________________ shall furnish the Township of West Orange with a separate itemized voucher on a monthly basis for all services rendered in accordance with, and as outlined in, this Agreement. These vouchers will identify with specificity the personnel performing the service, the date of service performed, the hours spent and hourly rate if applicable, and the expenses incurred. Prior to any payment from the Township of West Orange, the Township of West Orange shall require the Township of West Orange Administrator to review and certify the voucher for accuracy. Thereafter, the voucher must ultimately be authorized by the Mayor and Board of Aldermen. 4. It is recognized and understood that in accordance with the Township of West Orange’s budget processes, the professional services for the Agreement shall not exceed the amount of $_______ without a resolution authorizing an amendment to this Agreement to increase the compensation limitations established herein. In the event any services are provided which

exceed this amount, the Township of West Orange is under no obligation to provide compensation for such services. 5. During the term of this Agreement, the Parties hereto agree to comply with the Affirmative Action requirements set forth in N.J.A.C. 17:27, and hereby incorporate by reference the mandatory Affirmative Action language set forth in “Exhibit B,” which is attached hereto and made a part hereof. 6. This Agreement has been awarded to ________________, whose office is located at _____________________________, based upon its merits and abilities to provide the services as described herein. This Agreement was not awarded through a “fair and open process” pursuant to N.J.S.A.19:44A-20.4 et seq. As such, the undersigned does hereby attest that ______________________, its subsidiaries, assigns or principals, controlling in excess of 10% of the firm has neither made a contribution in the one (1) year period preceding the award of this Agreement that is reportable to the New Jersey Election Law Enforcement Commission pursuant to N.J.S.A. 19:44A-8 or 19:44-16 so as to affect its eligibility to perform this Agreement, nor will it make a reportable contribution during the term of this Agreement to any political party committee in the Township of West Orange if a member of that political party is serving in an elective public office of the Township of West Orange when the contract is awarded, or to any candidate committee of any person serving in an elective public office of the Township of West Orange when the contract is awarded. 7. _______________________ is advised of the responsibility to file an annual statement on political contributions with the New Jersey Election Law Enforcement Commission pursuant to N.J.S.A. 19:44A-20.13 (P.L. 2005, c.271 §3) if ___________________________

receives contracts in excess of $50,000 from public entities in a calendar year. It is ________________________’s responsibility to determine if filing is necessary. 8. ______________________ shall furnish the Township of West Orange with a Certificate of Insurance evidencing an endorsement naming the Township of West Orange as an additional insured and showing coverage for errors and omissions in amounts of at least $200,000.00. 9. The term of this Agreement shall be until the services to which ________________________ has been retained for are concluded or until modified by the parties in writing, whichever is sooner. ATTEST: TOWNSHIP OF WEST ORANGE ________________________________ _____________________________ Township of West Orange Clerk Mayor ATTEST: _______________________________ ________________________________

STATE OF NEW JERSEY: : SS: COUNTY OF ESSEX : I CERTIFY that on ____________________________2022, NAME, personally came before me and this person acknowledged under oath, to my satisfaction that: (a) this person is the Clerk of the Township of West Orange, the municipal corporation named in the attached document; (b) this person is the attesting witness to the signing of this document by the proper municipal officer who is, the Mayor of the municipal corporation; (c) this document was signed and delivered by the municipal corporation as its voluntary act duly authorized by a proper resolution; (d) this person knows the proper seal of the municipal corporation which was affixed to this document; and (e) this person signed this proof to attest to the truth of these facts. Sworn and Subscribed to before me this day of 2022. ____________________________ _____________________________ (Notary sign, seal, stamp) XXXX XXXXXX, West Orange Clerk STATE OF NEW JERSEY: : SS: COUNTY OF ESSEX : I CERTIFY that on 2022, personally came before me and acknowledged under oath, to my satisfaction, that this person (or if more than one, each person): (a) is named in and personally signed the attached documents; and (b) signed, sealed and delivered this document as his or her act and deed. Sworn and Subscribed to before me this day of 2022. ___________________________ (Notary sign, seal, stamp)

“Exhibit B” Mandatory Equal Employment Opportunity Language N.J.S.A. 10:5-31 et seq., N.J.A.C. 17:27 GOODS, PROFESSIONAL SERVICES AND GENERAL SERVICE CONTRACTS During the performance of this contract, the contractor agrees as follows: The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Except with respect to affectional or sexual orientation and gender identity or expression, the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment, and that employees are treated during employment without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Such equal employment opportunity shall include, but not limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause. The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. The contractor or subcontractor, where applicable, will send to each labor union or representative or workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer advising the labor union or workers’ representative of the contractor’s commitments under this act and shall post

contract or understanding, a notice, to be provided by the agency contracting officer advising the labor union or workers’ representative of the contractor’s commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to N.J.S.A. 10:5-31 et seq. as amended and supplemented from time to time and the Americans with Disabilities Act. The contractor or subcontractor agrees to make good faith efforts to afford equal employment opportunities to minority and women workers consistent with good faith efforts to meet targeted county employment goals established in accordance with N.J.A.C. 17:27-5.2 or good faith efforts to meet targeted county employment goals determined by the Division, pursuant to N.J.A.C. 17:27-5.2.

The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited to, employment agencies, placement bureaus, colleges, universities, labor unions, that it does not discriminate on the basis of age, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices. The contractor or subcontractor agrees to revise any of its testing procedures, if necessary, to assure that all personal testing conforms with the principles of job-related testing, as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions. In conforming with the targeted employment goals, the contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and layoff to ensure that all such actions are taken without regard to age, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions. The contractor shall submit to the public agency, after notification of award but prior to execution of a goods and services contract, one of the following three documents: Letter of Federal Affirmative Action Plan Approval Certificate of Employee Information Report Employee Information Report Form AA302 The contractor and its subcontractor shall furnish such reports or other documents to the Division of Public Contracts Equal Employment Opportunity Compliance as may be requested by the Division from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Division of Public Contracts Equal Employment Opportunity Compliance for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at N.J.A.C. 17:27.