13-24 Agreement.pdf

13-24 AGREEMENT FOR MUNICIPAL ENGINEERING SERVICES THIS AGREEMENT made and entered into on this [Keay of January, 2024, 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 1460 Route 9 South, Howell, New Jersey 07731, 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, 2024 through December 31, 2024 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. 7, 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 4835-7371-2615, v. |

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 SUSAN McCARTNEY, MAYOR CME ASSOCIATES By: LORI $SHINDER is i R. a PARTNER i ' 4835-7371-2615, v. 1

Exhibit “A” $191.00 Per Hour $190.00 Per Hour Project Engineer... - ‘Senior Design Enginee Design Engineer. . Senior Engineering Technician Drone Pilot... Engineering Technician/Management Information Systems Techni ciar Drone Technician .... Professional Land Surveyor $171.00 Per Hour $149.00 Per Hour $143.00 Per Hour Party Chief... $142.00 Per Hour ‘Survey Technici $129.00 Per Hour Resident Engineer $164.00 Per Hour Chief Construction Engineer $156.00 Per Hour Senior Construction Engineer. Construction Engineer. Chief Construction Technician. | Senior Construction Technician. } Construction Technician } Technical Assistant. $149.00 Per Hour $144.00 Per Hour Senior CAD Technician ... $149.00 Per Hour Licensed Landscape Architect, $186.00 Per Hour Senior Landscape Dasignet $170.00 Per Hour | Certified Tree Expert $149.00 Per Hour Landscape Designe! $135.00 Per Hour $191.00 Per Hour $190.00 Per Hour $181.00 Per Hour $170.00 Per Hour $195.00 Per Hour $202.00 Per Hour $223.00 Per Hour | Director of Planning | Professional Planner .. Project Planner. Planning Techni Managing Pariner/Administrative Partner. sorvicas wit bo bled in wth Me's Rate Schedule tutes, CME Assoiles (OME) wl ad incons toGlont moty and atl nice pon conpin sree. Payment dw pon esention fice ais aul duo tity days Fam knoice dato, Cher ares lo pay a ance chaiye of one and one-half porcent par month, a the maim rate alowed by law, an past due. | Sezai. "niwevnt ethene tet oa vhaany and prop, a8 mest ort taba anata a agency fr clacton, te Chet men poy 2 | Callection fos octal to tre actual allomey oF agency colecton fee Incured by CME. Overime ros are applicablo aor wight hours Monday Ihrough Friday, and ak duy Sotaday a Sunday, end charged a ce atone el nee he quod rae” Heide a chataed a tna fines quae ila Expenses heute fo etn. Postage handing, phctographs and fr verces ncucing au ipnonk ee facies nol furtshed by CME, are charged tthe CHlont a cost us ftvon peroent ‘acto Worl ray be canoe he caf pernde aloned yc nal von Saee Slandard.of Care ~ Sentcos poitormad by CME under Ne Ageement wl be conductnd ina name wh bal (eve of ore and sa ised by ‘othe profemderrcurrenty practidag unde similar condifans. NO OTHER WARRANI Y, EXPRESSED OR IMPLIED, IS MADE. porter cr poser of hazardous or (aly oF indvecty through other contactors, Ibe handtog, removal, kwakmerd, any

nty practidag unde similar condifans. NO OTHER WARRANI Y, EXPRESSED OR IMPLIED, IS MADE. porter cr poser of hazardous or (aly oF indvecty through other contactors, Ibe handtog, removal, kwakmerd, any ale Cordaminalad Mateil- is understood thal CME 1s not, and has no responsibilty as 2 handles, generator, apactor, aul or sor, \esie-mutetoneoronnd or Identfod at any sk0. CS shall undertake oy sige fo, alr ‘storage, raneportaton and dsposal of hazardous substances of consituents found o« der } | | } 4835-7371-2615, v. 1

ASSOCIATES EXHIBIT A MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE NJ.S.A 10:5-31 et seq (P.L. 1975, C. 127) NJA.C 17:27 GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS ‘During the performance of this contract, the contractor agrees as follows: ‘The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited to, employment agencies, placement bureaus, colleges, The contractor or subcontractor, where applicable, will not discriminate against —_universities, labor unions, that it does not discriminate on the basis of age, creed, color, national 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, origin, ancestry, marital status, affectional or sexual orientation, gender identity or disabillty, nationality or sex, and that it will discontinue the use of any recruitment agency which expression, disability, nationality or sex. Except with respect to affectional or sexual engages in direct or indirect discriminatory practices. orientation and gender identity or expression, the contractor will take affirmative action to ensure that such applicants are recruited and employed, and that employees are treated The contractor or subcontractor agrees to revise any of its testing procedures, if during employment, without regard to their age, race, creed, color, national origin, necessary, to assure that all personnel testing conforms with the principles of job-related testing, ancestry, marital status, affectional or sexual orientation, gender identity or expression, as established by the statutes and court decisions of the State of New Jersey and as established disability, nationality or sex. Such action shall include, but not be limited to the following: by applicable Federal law and applicable Federal court decisions, employment, upgrading, demotion, or transfer; recruitment or recruitment advertising: layoff or termination; rates of pay or other forms of compensation; and selection for In conforming with the applicable employment goals, the contractor or subcontractor ‘raining, including apprenticeship. The contractor agrees to post in conspicuous places, agrees to review all procedures relating to transfer, upgrading, downgrading and layoff to ensure available

tor ‘raining, including apprenticeship. The contractor agrees to post in conspicuous places, agrees to review all procedures relating to transfer, upgrading, downgrading and layoff to ensure available to employees and applicants for employment, notices to be provided by the —_that all such actions are taken without regard to age, creed, color, national origin, ancestry, Public Agency Compliance Officer setting forth provisions of this nondiscrimination marital status, affectional or sexual orientation, gender identity or expression, disability, clause. 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 or subcontractor, where applicable wil, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all The contractor shail submit to the public agency, after notification of award but prior to quaiified applicants will receive consideration for employment without regard to age, race, execution of a goods and services contract, one of the following three documents: creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, natfonalty or sex. Letter of Federal Affirmative Action Plan Approval Certificate of Employee Information Report ‘The contractor or subcontractor, where applicable, wil send to each labor union Employee information Report Form AA302, or representative or workers with which it has a collective bargaining agreement or other contract or understanding, @ notice, to be provided by the agency contracting officer The contractor and its subcontractors shall fumish such reports or other documents to advising the labor union or workers’ representative of the contractors commitments the Contract Compliance & EEO as may be requested by the office fram time to time in order to under this act and shall post copies of the notice in conspicuous places available to carry out the purposes of these regulations, and public agencies shall fumish such information ‘employees and applicants far employment. as may be requested by the Division of Contract Compliance & EEO for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at NJAC The contractor or subcontractor, where

be requested by the Division of Contract Compliance & EEO for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at NJAC The contractor or subcontractor, where apolicable, agrees to comply with any 47:27. regulations promulgated by the Treasurer pursuant to Nu.S.A. 10:5-31 et seq, as amended and supplemented from time to time and the Americans with Disabiities Act. The contractor or subcontractor agrees to make good faith efforts to employ minority and women workers consistent with the applicable county employ goals established in accordance with NJ.A.C. 17:27-5.2, or a binding determination of the applicable county employment goals determined by the Division, pursuant to NwA.C. 17:27-6.2. CME Associates herein agrees to comply with the mandatory language of ti Sworn on this l gexiaiD| ARY PUBLIC, STATE OF NEW JERSEY COMMISSION #2021003 MY COMMISSION EXPIRES 6/4/2027

Certification 1818 CERTIFICATE OF EMPLOYEE INFORMATION REPORT RENEWAL This is to certify that the contractor listed below has submitted af Employee Information Report pursuant to N.J.A.C. 17:27-1.1 et. seq. and the State Treasurer has @pproved said report. This approval will remain in effect for the period of 15-FEB-2023 to 15-FEB-2026 AHN, CME ASSOCIATES S) 1460 ROUTE 9, soUTH HOWELL NJ 07731 1194 (4 : . Kea AY [bteeon ELIZABETH MAHER MUOIO State Treasurer

Page 1 of 1 —"* .2 (ATE (MM/DD/YYYY) ACORD CERTIFICATE OF LIABILITY INSURANCE o1/o2/2024" THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS. CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER FONTACT willis Towers Watson Certificate Center Willis Towers Watson Insurance Services West, Inc. PHONE FAX 1-877-945-7378 fAIG, No): 1-888-467-2 c/o 26 Century Blvd (AIC, No, Ext): 1-8 (AIC, No): 2378 P.O. Box 305191 ADDRESS: Certificates@willis.com Nashville, TN 372305191 USA INSURER(S) AFFORDING COVERAGE _ |___Naic# INSURERA; Liberty Mutual Fire Insurance Company 23035 INSURED Insurers; Liberty Insurance Corporation 42404 julting and Municipal Engineera LLC (CME Aasociat ———— = face wanes 3 Sp nie tt 2 INSURERC; American Guarantee and Liability Insurance| 26247 Howell, NJ 07731 INSURERD; Allied World Surplus Lines Insurance Compa) 24319 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 32294301 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN |S SUBJECT TO ALL THE TERMS, INSR POLICY EFF | POLICY EXP Te TYPE OF INSURANCE tins wvp. POLICY NUMBER (sAN/OBIYYYY) | (MNA/DBIYYYY), X] COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE ~ | DAMAGE TO RENTED “000.000 |] cxans.ave [>] occur | PREMISES (Ea ocowrrenco) |$ _ 2000, 000 — MED EXP (Anyone person) | $ 25,000 - TB2-641-446161-053 12/31/2023) 12/31/2024) personal & ADVINJURY |S __ 2,000, 009} GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL