Township Council Meeting — Packet

Number Howell, NJ 07731 ttaylor@cmeusa1.com Vendor's Address (City/State/Zip Code) Vendor's Email Address: | Vendor means: (1) A natural person, corporation, company, limited partnership, ted fabilty partnership, fed lability company, business association, sole proprietorship, joint venture, partnership, society, trust, or any other nongovernmental entity, organization, or ‘group; (2) Any governmental entity or instrumentality of a goverment, including a muttiateral development institution, as defined in Section 1701(c)(2) of the International Financial Institutions Act, 22 U.S.C. 262r(c)(3); or (3) Any parent, successor, subunit, direct or indirect subsidiary, or any entity under common ownership or control with, any entity described in paragraph (1) or (2). NURev. 1.222026 Page | 46

AMERICANS WITH DISABILITIES ACT OF 1990 Equal Opportunity for Individuals with Disability The contractor and the Township of West Orange, (hereafter "TOWNSHIP") do hereby agree that the provisions of Title 11 of the Americans With Disabilities Act of 1990 (the "Act") (42 U.S.C. $121 01 et seq.), which prohibits discrimination on the basis of disability by public entities in all services, programs, activities provided or made available by public entities, and the rules and regulations promulgated pursuant there unto, are made a part of this contract. In providing any aid, benefit, or service on behalf of the TOWNSHIP pursuant to this contract, the contractor agrees that the performance shall be in strict compliance with the Act. In the event that the contractor, its agents, servants, employees, or subcontractors violate or are alleged to have violated the Act during the performance of this contract, the contractor shall defend the TOWNSHIP in any action or administrative proceeding commenced pursuant to this Act. The contractor shall indemnify, protect, and save harmless the TOWNSHIP, its agents, servants, and employees from and against any and all suits, claims, losses, demands, or damages, of whatever kind of nature arising out of or claimed to arise out of the alleged violation. The contractor shall, at its own expense, appear, defend, and pay any and all charges for legal services and any and ail costs and other expenses arising from such action or administrative proceeding or incurred in connection therewith. In any and all complaints brought pursuant to the TOWNSHIP's grievance procedure, the contractor agrees to abide by any decision of the TOWNSHIP which is rendered pursuant to said grievance procedure. If any action or administrative proceeding results in an award of damages against the TOWNSHIP, or if the TOWNSHIP incurs any expense to cure a violation of the ADA which has been brought pursuant to its grievance procedure, the contractor shall satisfy and discharge the same at its own expense. The TOWNSHIP shall, as soon as practicable after a claim has been made against it, give written notice thereof to the contractor along with full and complete particulars of the claim, if any action or administrative proceeding is brought against the TOWNSHIP or any of its agents, servants, and employees, the TOWNSHIP shall expeditiously forward or

omplete particulars of the claim, if any action or administrative proceeding is brought against the TOWNSHIP or any of its agents, servants, and employees, the TOWNSHIP shall expeditiously forward or have forwarded to the contractor every demand, complaint, notice, summons, pleading, or other process received by the TOWNSHIP or its representatives. . It is expressly agreed and understood that any approval by the TOWNSHIP of the services provided by the contractor pursuant to this contract will not relieve the contractor of the obligation to comply with the Act and to defend, indemnify, protect, and save harmless the TOWNSHIP pursuant to this paragraph. Itis further agreed and understood that the TOWNSHIP assumes no obligation to indemnify or save harmless the contractor, its agents, servants, employees and subcontractors for any claim which may arise out of their performance of this Agreement. Furthermore, the contractor expressly understands and agrees that the provisions of this indemnification clause shall in no way limit the contractor's obligations assumed in this Agreement, nor shall they be construed to relieve the contractor from any liability, nor preclude the TOWNSHIP from taking any other actions available to it under any other provisions of the Agreement or otherwise at law. ee Trevor J. Taylor, PE, PP, CME, CFM, Senior VP Page | 47

CERTIFICATE OF GOOD STANDING |, Trevor J. Taylor, PE, PP, CME, CFM, a senior Vice President of the firm of CME Associates, being duly sworn, depose and say that neither the firm, nor any individuals assigned to this engagement are disbarred, suspended, or otherwise prohibited from professional practice by any federal, state, or local Lake Signature) agency. Trevor J. Taylor, PE, PP, CME, CFM Senior Vice President - CME Associates (Print Name and Title) Subscribed and sworn to before me this _3rd__day of _December. , 2024 Phon GUAKO SGIANO Notary Pal, State of New Jersey Commission # 50174964 My Commission Expires October 19, 2026

COST PROPOSAL ASSOCIATES

MUNICIPAL ENGINEERING SERVICES GENERAL CONDITIONS AND HOURLY RATE SCHEDULE TO JANUARY 1, 2026 Program Manager........................................................................................................ $214.00 Per Hour Project Manager .......................................................................................................... $213.00 Per Hour Senior Professional Engineer/Project Leader.............................................................. $212.00 Per Hour Professional Engineer, Environmental ........................................................................ $209.00 Per Hour Assoc. Professional Engineer, Environmental............................................................. $208.00 Per Hour Professional Engineer ................................................................................................. $209.00 Per Hour Project Engineer, Environmental ................................................................................. $207.00 Per Hour Associate Professional Engineer ................................................................................. $208.00 Per Hour Project Engineer/Senior Designer II ............................................................................ $207.00 Per Hour Engineer/Senior Designer ........................................................................................... $200.00 Per Hour Associate Engineer/Designer ...................................................................................... $195.00 Per Hour Engineer, Environmental ............................................................................................. $200.00 Per Hour Associate Engineer, Environmental............................................................................. $195.00 Per Hour Senior Scientist............................................................................................................ $215.00 Per Hour Lead Scientist/Senior Geologist .................................................................................. $203.00 Per Hour Scientist/Project Geologist........................................................................................... $180.00 Per Hour Associate Scientist/Staff Geologist .............................................................................. $165.00 Per Hour Environmental Technician

.......................... $180.00 Per Hour Associate Scientist/Staff Geologist .............................................................................. $165.00 Per Hour Environmental Technician ........................................................................................... $147.00 Per Hour Professional Surveyor ................................................................................................. $203.00 Per Hour Survey Manager .......................................................................................................... $183.00 Per Hour Party Chief ................................................................................................................... $163.00 Per Hour Robotic Total Station ................................................................................................... $ 84.00 Per Hour Survey Technician ....................................................................................................... $143.00 Per Hour Chief Construction Manager ........................................................................................ $207.00 Per Hour Construction Manager ................................................................................................. $181.00 Per Hour Senior Construction Technician................................................................................... $180.00 Per Hour Construction Technician .............................................................................................. $150.00 Per Hour Associate Construction Technician ............................................................................. $143.00 Per Hour Support Staff................................................................................................................ $117.00 Per Hour Drone Pilot ................................................................................................................... $159.00 Per Hour Drone Technician ........................................................................................................ $ 86.00 Per Hour CAD Technician........................................................................................................... $166.00 Per Hour Senior Landscape Architect......................................................................................... $205.00 Per Hour Landscape Architect

.............................. $166.00 Per Hour Senior Landscape Architect......................................................................................... $205.00 Per Hour Landscape Architect .................................................................................................... $185.00 Per Hour Certified Tree Expert ................................................................................................... $167.00 Per Hour Associate Landscape Designer ................................................................................... $149.00 Per Hour Principal Planner ......................................................................................................... $212.00 Per Hour Professional Planner ................................................................................................... $211.00 Per Hour Senior Planner ............................................................................................................. $192.00 Per Hour Planner ........................................................................................................................ $188.00 Per Hour Senior Leadership ....................................................................................................... $214.00 Per Hour Executive Leadership .................................................................................................. $225.00 Per Hour Executive Leadership, Environmental ......................................................................... $229.00 Per Hour Managing Partner ........................................................................................................ $242.00 Per Hour MU25N.doc

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 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, IS 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 CME's attention and/or not correctly shown on the plans furnished. Right of Entry/Worksite - Client will provide for right of entry for CME personnel and equipment necessary to complete the work. While CME will take all reasonable precautions to minimize any damage

. Right of Entry/Worksite - Client will provide for right of entry for CME personnel and equipment necessary to complete the work. While CME will take all reasonable precautions to minimize any damage to the property it is understood by Client that in the normal course of some damage may occur, the correction of which is not part of this agreement. Client shall furnish or cause to be furnished to CME all documents and information known to Client that relate to the identity, location, quantity, nature or characteristics of any hazardous or toxic substances at, on or under the site. In addition, Client will furnish or cause to be furnished such other information on surface and subsurface site conditions required by CME for proper performance of its services. CME shall be entitled to rely on Client provided documents and information in performing the services required under this Agreement; however, CME assumes no responsibility or liability for their accuracy or completeness. CME will not direct, supervise or control the work of contractors or their subcontractors. subcontractor's) safety measures. CME services will not include a review or evaluation of the contractor's (or CME shall be responsible only for its activities and that of its employees on any site. Neither the professional activities nor the presence of CME or its employees or subcontractors on a site shall imply that CME controls the operations of others, nor shall this be construed to be an acceptance by CME of any responsibility for jobsite safety. Indemnification - To the full extent permitted by law, Client shall indemnify, defend and hold harmless CME and its subcontractors, consultants, agents, officers, directors and employees (herein collectively referred to as Engineer) from and against all claims, damages, losses and expenses, whether direct, indirect or consequential, including but not limited to fees and charges of attorneys and court and arbitration costs, arising out of or resulting from the services of work of Engineer or any claims against Engineer arising from the acts, omissions of work of others, unless it is proven in a court of competent jurisdiction that the Engineer is guilty of negligence or willful misconduct in connection with the services and such negligence or willful misconduct was the sole cause of the damages, claims and liabilities. Client agrees to indemnify and