HomeMy Public PortalAboutR 98:016No. 98-16 Date of AdoptionS98
PROFESSIONAL SERVICE CONTRACT FOR ENGINEERING
SERVICES
WHEREAS, there exists a need for professional services to provide general
engineering consulting services in connection with various projects within the
Borough of Carteret; and
WHEREAS, legal services are a professional service exempt from the requirement
of public bidding pursuant to NJ.S.A. 40A: 11-5 (1) (a); and
WHEREAS, the Local Finance Officer has certified that funds are available.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the
Borough of Carteret does hereby approve the appointment of Killam and Associates
at a maximum cost of not to exceed $1,000.00 billable per attached contract.
BE IT FURTHER RESOLVED that the Mayor and Borough Clerk are hereby
authorized to execute said contract.
IT IS FURTHER RESOLVED that the contract is awarded without competitive
bids in accordance with NJ.SA. 40A:11-5 (1) (a) due to the specialized and
professional nature of the services provided.
IT IS FURTHER RESOLVED that a notice of this action shall be published in the
Home News Tribune on January 13, 1998.
Adopted this 8th day of January, 1998
and certified as a true copy of the
original on January 9, 1998.
KATHLEEN M. BARNEY,
Municipal Clerk
RECORI) OF COUNCIL VOTE
CRILLEY FAZEKAS
DOPONT G~TOWSKI
X - Indicate Vole AB - Abscnl NV Not Voting XOR - Indicates Vole to Overrule Velo sj
Adopted at a meeting of Ihe Municipal Council
,~~y _~ANUARY 8~_ 1998_
- ' ~C~ffRK ~
BOROUGH OF CARTERET
1998 Hourly Rate Schedule
l~scipline ~
Municipal Engineer $95.00
Assistant Municipal Engineer $95.00
Support Staff:
Project Engineers/Associates $85.00
Engineers/Designers $75.00
Assistant Engineers/Technicians $60.00
Drafting Personnel $27.00-$55.00
Surveyors/Inspectors $25.00-$70.00
Secretarial Personnel $25.00-$55.00
Upon request, the Borough Engineer or Assistant Borough Engineer will attend
Borough Council Meetings for a fee of $95.00 per meeting.
Killam shall be directly reimbursed for expenses such as printing, computer
services m~d specialized equipment. Travel time and expenses to and from the
Borough, for attendance at meetings and general consultation, will not be charged
to the Borough.
Killam will offer to the Borough reimbursement methods including "lump sums"
and "not to exceeds" where a project can be defined clearly for preparation of an
engineering budget. Killam shall submit engineering project budgets to the
Borough for review and approval. Authorization to proceed on projects shall
include, either directly or by reference, the scope of work and project budget and
shall be in the form of either a Borough Resolution or Purchase Order from the
Borough.
Killam shall provide a monthly prdgress report to the Borough on all active projects
within the Borough.
Killam shall not be deemed an employee of the Borough. The Borough shall make
no deduction from the compensation paid to Killam tbr federal and state
withholding pension or any other payroll deduction.
4.1
BOROUGH OF CARTERET
20 COOKE AVENUE
CARTERET, NEW JERSEY 07008
THIS AGREEMENT: made this 8th day of January 1997 OFFICE OF
By and between: Killam Associates
100 Willowbrook Road
Freehold, N. J. 07728-9695
And the Borough of Carteret, a municipal co~oration, having its
Principal office at the Borough Hall 61 Cooke Avenue, Caneret, New Jersey,
As per Resolution Number 98-16.
lflE CONT~CTOR docs hereby agree to perfnn~ the following
MUNICIPAL ENGINEER FOR 1998 BILLABLE PER ATTACHED CONTRACT.
According to the te~s set forth in Resolution.
THE BOROUGH does hereby agree to pay the Contractor the sum set
tb~h in Resolution.
IN WITNESS ~EREOF, the panics hereto have herennder set their h~ds ~d seals or
caused these presents to be signed by their proper co,orate officers ~d their co,orate
seals to be hereto affixed, the day and year written above.
For the Co¢oration:
Kiilam Associates T1TLE: ~resSde~ t
Pcte~ J. St~
~' ~ Mayor
'Kate!eon M. Barney' ' ~ ~
Municipal Clerk
r
Affidavit of Publication
Publisher's Fee $15.68 Affidavit Charge $12.50
State of New Jersey } ss.
MONMOUTH COUNTY
Personally appeared PAT HENEGHAN .
of Home News Tribune, a newspaper printed in Freehold, NJ and published
NEPTUNE, in said County and State, who being duly sworn, deposeth and salth that the
advertisement of which the annexed is a true copy, has been published In the said newspaper
1 (ONE) times, once In each Issue, as follows
1/13/98,
, : IBL lC OF NEW JERSEY Sworn and sub'crlbeds DOefore m"e
this
,; EXPIRES OCT 31, 2000
13th day of January, A.D., 1998
Notary Public 0t~ew Jersey
80ROUGH OF CARTERET
NOTICE OF
CONTRACT AWARDED
The Borough of Carteret
has awarded a contract
without competitive bid-
40A:tl-5 (1) (a). This con
ENGINEERING
{S~.6.68t 22582
SF-MUN-ENG
012698 AGREEMENT
FOR
PROFESSIONAL ENGINEERING SERVICES
THIS AGREEMENT is made and entered into this day of , 1998, by and
between ELSON T. Kll J.AM ASSOCIATES, INC., a corporation of the State of New Jersey,
d/b/a/ KILLAM ASSOCIATES, having its principal place of business at 27 Bleeker Street,
Millburn, New Jersey 07041, hereinafter called "ENGINEER"; and the BOROUGH OF
CARTERE'r, a municipal corporation of the State of New Jersey, having offices at 61 Cooke
Avenue, Carteret, New Jersey 07008, hereinafter called the "CLIENT".
WHEREAS, CLIENT wishes to retain Albert N. Beninato, a Professional Engineer
licensed by the State of New Jersey, and Senior Vice President with the firm of Elson T. Killam
Associates, Inc., as the Borough Engineer; and
WHEREAS, the CLIENT desires that the ENGINEER be available to undertake such
professional engineering services as the CLIENT may order hereunder; and
WHEREAS, funds are available for this purpose;
NOW, THEREFORE, in consideration of the premises and the covenants and agreements
contained herein, CLIENT and ENGINEER agree as follows:
SECTION 1 BASIC SERVICES OF Work Orders and they may take the form of
ENGINEER ordinary letters or oral directives from the
CLIENT. All the terms and conditions of this
1. I. General. Agreement shall apply to each Work Order as if
set forth at length therein.
1.1.1. ENGINEER shall provide the
professional engineering services of the types 1.1.4. No Work Orders shall be issued unless
described in Exhibit A hereto ("Further funds have been appropriated for this purpose
Description of Basic Services"). and duly committed to this Agreement. Each
Work Order shall contain a certificate, from the
1.1.2. The ENGINEER is hereby authorized to CLIENT's authorized representative, of the
perform General Municipal Engineering Services availability of funds for this purpose and shall be
without further order, accompanied by a certified copy of the
CLIENT's Resolution authorizing the Work.
1.1.3. For other Services Work Orders
specifying the specific professional engineering 1.1.5. ENGINEER is retained as an independent
services required will be issued hereunder from contractor and not as an employee of the
time to time by the CLIENT and will be CLIENT.
mutually agreed by the CLIENT and the
ENGINEER. These Work Orders may be in the 1.1.6. ENGINEER shall be responsible to
form of a Purchase Order or Resolution. CLIENT forENGINEER'snegligentacts, errors
However, no particular formality is required for or omissions in the performance of its
Page- 1 -
professional engineering services and those of its 2.7. Provide all record-keeping and file all
subcontractors, agents and employees, reports required to comply with the CLIENT's
However, ENGINEER shall not be responsible legal responsibility.
for any other persons, including but not limited
to the agents, employees and contractors of SECTION 3- PERIOD OF SERVICE
CLIENT. ENGINEER's SERVICES SHALL
NOT BE SUBJECT TO ANY EXPRESS OR 3.1. The provisions of this Section 4 and the
IMPLIED WARRANI'IES WHATSOEVER. various rates of compensation for ENGINEER's
services provided for elsewhere in this
SECTION 2 - CLIENT'S RESPONSIBILITIES Agreement have been agreed to in anticipation of
the orderly and continuous progress of the
CLIENT shall: services through completion.
2.1. Provide all criterJ~a and full information
3.2. If there are material modifications or
as to CLIENT's requirements for the services, changes in the extent of the services or in the
time of performance of ENGINEER's services,
2.2. Assist ENGINEER by placing at his the various rates of compensation and the time of
disposal all available information pertinent to the completion of the services shall be equitably
services including previous reports and any other adjusted appropriately.
data relative to the Work.
3.3. This Agreement shall cover the period
2.3. Arrange for access to and make all from February 1, 1998, through January 31,
provisions for ENGINEER to enter upon public 2001.
and private property as required for ENGINEER
to perform his services. SECTION 4 - PAYMENTS TO ENGINEER
2.4. Examine all studies, reports, sketches and 4.1. Methods of Payment for the services and
other documents presented by ENGINEER, expenses of ENGINEER.
obtain advice of an attorney, insurance counselor
and other consultants as CLIENT deems 4.1.1. For Basic Services.
appropriate for such examination, within a
reasonable time so as not to delay the services of 4.1.I. 1. CLIENT shall pay ENGINEER for
ENGINEER. Basic Services rendered on a time and materials
basis under ENGINEER's Rate Schedule,
2.5. Designate in writing a person to act as attached hereto as Exhibit B.
CLIENT'S representative with respect to the
services to be rendered under this Agreement. 4.1.I.2. A not to exceed amount shall be
Such person shall have complete authority to established by mutual agreement for each work
transmit instructions, receive information, order.
interpret and define CLIENT'S policies and
make decisions with respect to the Work. 4.1.1.3. The not to exceed amount shall not be
exceeded without the express written
2.6. Give prompt written notice to ENGINEER authorization of CLIENT. If at any time the
whenever CLIENT observes or otherwise ENGINEER determines that, without the fault of
becomes aware of any development that affects the ENGINEER, the not to exceed amount will
the scope or timing of ENGINEER's services or not be sufficient to complete the services, he
any alleged defect or non-conformity in the work shall give notice of the same to the CLIENT,
of the ENGINEER. accompanied by his estimate of the additional
Page - 2 -
funding necessary to complete such services, paid in full all amounts due him for services and
whereupon the CLIENT shall have the option of Reimbursable Expenses.
either providing the additional funds necessary
for the completion of the services (in which case 4.3.2. In the event of a termination under
the Work Order shall be amended by mutual paragraph 6.1 of this Agreement, ENGINEER
~.~ agreement to set forth the additional amounts) or will be paid for all unpaid Engineering Services,
reducing the further services to be provided by and unpaid Reimbursable Expenses, to the date
the ENGINEER consistent with the remaining of termination.
funds in the not to exceed amount (in which case
the Work Order shall be amended by mutual 4.4. Definitions
agreement to set forth the revised scope of
work). 4.4.1. Reimbursable Expenses. Reimbursable
Expenses mean the afitual expenses incurred
4.1.2. Special Consultants. For services and directly or indirectly in connection with the
reimbursable expenses of special consultants Project for: transportation and subsistence
employed by ENGINEER, the amount billed incidental thereto; telephone calls and
therefore times a factor of 1.15. telegrams; postage and delivery charges;
photographic and photocopying expenses; and
4.1.3. For Reimbursable Expenses. Inaddition reproductionofreports,drawings, specifications,
to payments provided for in Paragraph 5.1.2., and other Work-related items as are set forth in
CLIENT shall pay ENGINEER the actual costs the ~Expenses' Schedule of Exhibit B.
of all Reimbursable Expenses. ENGINEER's costs associated with computer
usage shall also be a Reimbursable Expense,
4.1.4. The terms ENGINEER's Hourly Rate with ENGINEER to be compensated at his
Schedule and Reimbursable Expenses shall have normal billing rates in effect for computer use at
~-- the meanings assigned to them in Paragraph 5.4. the time the usage occurs.
hereinafter.
4.4.2. ENGINEER's Hourly Rate Schedule.
4.2. Times of Payments. ENGINEER's Rate Schedule is set forth in
Exhibit B.
4.2.1. ENGINEER shall submit monthly
statements for Engineering Services rendered and SECTION 5 - GENERAL PROVISIONS
for Reimbursable Expenses incurred. CLIENT
shall make prompt monthly payments in response 5.1. Termination.
to ENGINEER's monthly statements.
Either the CLIENT or the ENGINEER
4.3. Other Provisions Concerning Payments. may terminate this Agreement without advance
notice and effective immediately for cause
4.3.1. If CLIENT fails to make any payment which, on the part of the ENGINEER shall be
due ENGINEER for services and expenses for breach of the terms and conditions of this
within thirty (30) days after the date of the Agreement, and, on the part of the CLIENT,
ENGINEER's bill therefor, the amounts due shall be for failure to make the payments under
ENGINEER shall include a charge at the rate of the terms of this Agreement; or, otherwise, with
1 1/2% per month from said thirtieth day, and in or without cause, upon ten (10) days advance
~.~ addition, ENGINEER may, after giving seven written notice to the other party.
(7) days' written notice to CLIENT, suspend
services under this Agreement until he has been 5.2. Reuse of Documents.
Page- 3 -
All documents prepared and delivered by 5.5. Successors and Assigns.
ENGINEER pursuant to this Agreement are
instruments of service in respect of the Work 5.5.1. CLIENT and ENGINEER each binds
ordered. They are not intended or represented himself and his partners, successors, executors,
to be suitable for reuse by CLIENT or others on administrators, assigns and legal representatives
~ extensions of the Work or on any other project, to the other party to this Agreement and to the
CLIENT shall not reuse said documents without successors, executors, administrators, assigns
the express written consent of ENGINEER. and legal representatives of such other party, in
Any such reuse shall be at the sole risk of the respect to all covenants, agreements and
CLIENT. obligations of this Agreement.
5.3. Project Records. 5.5.2. Neither CLIENT nor ENGINEER shall
assign this Agreement without the express
5.3.1. As used in this Agreement, the term, written consent of the other, except as stated in
"Records", shall include plans, reports, Paragraph 6.5.1 and except to the extent that the
documents, field notes, work product, or other effect of this limitation may be restricted by law.
items generated or obtained for the Project by Unless specifically stated to the contrary in any
ENGINEER. Only original signed and sealed written consent to an assignment, no assignment
documents and drawings shall constitute will release or discharge the assignor from any
Records. Unsigned or unsealed copies, prints, duty or responsibility under this Agreement.
CADD files, computer programs, magnetic Nothing contained in this paragraph shall prevent
deliverables and/or any other media shall not be ENGINEER from employing such independent
considered Records. If there is a discrepancy consultants, associates and subcontractors as he
between the signed and sealed Records and any may deem appropriate to assist him in the
other documents or drawings, the Records shall performance of the Work hereunder.
~'~ prevail.
5.5.3. Nothing in this Agreement shall be
5.3.2. Records whichareinstrumentsofservice construed to give any rights or benefits
deliverable under this Agreement shall become hereunder to any one other than CLIENT and
the property of the CLIENT upon payment for ENGINEER.
all the Work. Originals of Records shall remain
in the possession of the ENGINEER. The 5.6. Estimates of Cost.
CLIENT shall be entitled to additional copies of
all Records within a reasonable period of time 5.6.1. Since ENGINEER has no control over
after forwaxding a written request to the the cost of labor, materials or equipment, or
ENGINEER, provided that the CLIENT has paid over contractor(s) methods of determining
the ENGINEER for all the Work. ENGINEER prices, or over competitive bidding or market
shall be compensated for the reasonable costs of conditions, his opinions of estimated Project cost
research and reproduction of the additional or construction cost are to be made on the basis
copies of the requested Records. of his experience and qualifications and represent
his professional judgment as an engineer, but
5.4. Governing Law. ENGINEER cannot and does not guarantee that
such cost will not vary from opinions of
This Agreement is to be governed by the estimated cost prepared by him.
._~ laws of the State in which the services are to be
performed. SECTION 6 - EXHIBITS AND SPECIAl,
PROVISIONS
Page - 4 -
6.1. The following Exhibits are attached to and D. Professional Liability Insurance with
made a part of this Agreement. aggregate annual limits of $ 1,000,000.
6.1.1. Further Description of Basic Services 6.2.3. Waiver and Indemnification.
(Exhibit A).
6.2.3.1. The CLIENT hereby agrees to defend,
6.1.2. The ENGINEER's Schedule of Hourly indemnify and hold harmless ENGINEER and its
Rates and Expenses (Exhibit B). subcontractors, consultants, agents, officers,
directors and employees from and against any
6.1.3. Mandatory Affirmative Action Clause and all claims, damages, losses and expenses,
(Exhibit C). whether direct, indirect, or consequential
(including but not limited to attorneys' fees and
6.2. This Agreement is subject to the tbllowing court and arbitration costs), arising out of,
special provisions, resulting from, or alleged to have arisen out of
or to have resulted from, the services or Work,
6.2.1. The mandatory language of applicable or the failure to perform services or Work, of
equal employment opportunity and affirmative ENGINEER, or any claims against ENGINEER
action laws and regulations promulgated by the arising from the acts, omissions or work of the
federal and state governments having jurisdiction CLIENT or other persons or entities, except to
are incorporated by reference into this the extent (percentage of responsibility) that the
Agreement. ENGINEER agrees to afford equal claim~, damages, losses or expenses proximately
opportunity in performance of this Agreement in resulted from the negligent acts, errors or
accordance with an affirmative action program omissions of ENGINEER. Such indemnification
approved by the appropriate authorities, shall apply notwithstanding any joint and several
liability, or strict liability of ENGINEER, but
6.2.2. Insurance. shall not apply to claims, damages, losses or
expenses resulting from the negligence of
ENGINEER shall carry the following ENGINEER, it being the intention of this
insurance during the performance of its services Waiver and Indemnification Agreement that the
and shall provide certificates of insurance CLIENT shall indemnify ENGINEER to the
evidencing its coverage, prior to starting the fullest extent permitted by law for liabilities
Work. The certificates of insurance shall arising other than from the comparative
provide tbr advance notice to the CLIENT of negligence of ENGINEER or its subcontractors,
any subsequent modification or cancellation of agents and employees. Such indemnification
the coverages, shall not apply to claims, damages, losses or
expenses which are finally determined to result
A. Worker's Compensation Insurance from the gross negligence, willful misconduct,
with statutory coverage and $1,000,000 fraud, intentional tort, bad faith or criminal
employer's liability coverage, misconduct of ENGINEER.
B. Corarnercial General Liability 6.2.3.2. In addition to and not in lieu of the
Insurance with aggregate annual limits of above indemnification, the CLIENT does hereby
$i,000,000. waive any and all claims against ENGINEER for
special, indirect or consequential damages of any
C. Automobile Liability Insurance with nature whatsoever, arising out of or in any way
aggregate annual limits of $1,000,000. related to the services or Work, from any cause
or causes, including but not limited to joint and
several liability or strict liability. Both the
Page - 5 -
CLIENT and ENGINEER agree to waive the
right to trial by jury and in any legal proceedings
relating to this Agreement.
6.2.3.3. In the event that the indemnification
undertakings of the CLIENT, or any part
thereof, are determined by a court of competent
jurisdiction to be invalid or unenforceable, this
waiver shall be considered severable and shall
remain in full force and effect.
6.2.3.4. Notwithstanding anything to the
contrary herein, the liability of ENGINEER
under this Agreement (whether by reason of
breach of contract, tort or otherwise, including
under indemnification provisions, if any) shall be
limited to the total amount of payments made to
ENGINEER for services rendered under this
Agreement, or the amount of the insurance
coverage which the ENGINEER is required to
carry under this Agreement, whichever is
greater.
6.2.3.5. The CLIENT acknowledges that
ENGINEER's agreement to the amount of
compensation provided for under this Agreement
has been negotiated and agreed by reason of
ENGINEER's reliance on the foregoing
limitation, indemnification and waiver
undertakings of the CLIENT.
SECTION 7 - ENTIRE AGREEMENT
7.1. This Agreement (consisting of Pages 1 to
7, inclusive), together with the Exhibits
identified in Section 7 above), constitutes the
entire agreement between CLIENT and
ENGINEER and supersedes all prior written or
oral understandings. This Agreement and said
Exhibit may only be amended, supplemented,
modified or cancelled by the terms of a mutually
agreed written instrument. In case of any
inconsistency between the terms of a Work
Order and this Agreement, the terms of this
Agreement shall prevail, unless the terms of the
Work Order expressly provide that the terms of
the Work Order are to prevail.
Page - 6 -
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as
of the day and year first written above.
'"" A'ITEST: BOROUGH OF CARTERET
Kathleen M. Barney, ~ Peter J. Sic. a,
Municipal Clerk Mayor
ATTEST: ELSON T. KILLAM ASSOCIATES,
INC., d/b/a KILLAM ASSOCIATES
Kenneth L. ~f'p~[r, P.E., ~,'mil ~/Herke~, P.E.,
Assistant Secretary Presi~nt /
Page - 7 -
FURTHER DESCRIPTION OF BASIC SERVICES
This is Exhibit A, attached to, made a part of and incorporated by reference into the
Agreement for Professional Engineering Services. The Basic Services of ENGINEER as
described in Section 1 of the Agreement are supplemented as indicated below.
Killam shall perform all engineering duties required to be performed on behalf of the BOROUGH
in accordance with the Ordinances of the BOROUGH and the laws of the State of New Jersey.
KILLAM shall perform such other services and duties as may be necessitated and as authorized
by the BOROUGH and to provide the necessary engineering services to the officials of the
BOROUGH.
Whenever it is determined by the BOROUGH to be desirable or necessary in the performance of
its work, the BOROUGH shall call upon KILLAM to perform specific consulting engineering
services.
These services may include review of water and wastewater systems, operations and
recommendations for modifications or improvements, preparation of reports or studies on the
BOROUGH's infrastructure, preparation of plans and specifications for new or rehabilitation of
existing facilities and/or infrastructure, cost estimates, assistance in system operations, preparation
of applications to regulatory agencies, preparation of performance guarantee estimates for all site
improvements which the Borough may deem necessary resulting from subdivision or site plan
approvals, any other consultation services related to general and specific municipal engineering
services, such as, tax map preparation and revisions.
EXHIBIT A - Continued
The following is a description of the "General Municipal Engineering Services"
for establishing an annual Municipal Engineering Budget.
The following scope of work does not include services related to Capital Improvement Projects,
engineering field work, design, permit preparation and public bid document preparation where the
scope of work and budget will be established separately for Capital Improvements.
General Municipal En~neering Service~
1. Attend meetings of the Borough Council.
2. Communication with the Borough's Adminigtration and Council to determine the need for
meeting attendance and report preparation.
3. Provide a monthly progress report to the Borough on all active projects and activities
within the Borough.
~ 4. Provide administrative and technical support services to assist Borough deparunents,
Boards and Commissions as may be required.
5. Provide necessary representation on behalf of the Borough at meetings with agencies such
as the NJDEP, NJDOT, Middlesex County Planning Board, Highway Department and
other county agencies and organizations where the scope of work is not specifically
included in a Capital Improvement Project.
6. Available for immediate response to all inquiries and communications as necessary by
telephone or in person to address engineering matters and the needs of the Borough.
7. Assist in preparation of the annual operating budget for the Borough for general
engineering, sanitary sewers, road maintenance, parks, buildings and grounds, tax map
maintenance, and other budget line items which fall under the responsibility of the Borough
~ Engineer.
8. With input of the Borough Council and various deparmaent heads, prepare an annual
capital improvement budget and five year capital improvement plan.
EXHIBIT A - Continued
9. Prepare applications to various county, state, and federal agencies for grants and low-
~ interest loam for capital improvement projects. These programs may include NJDOT
Municipal Aid Program, NJDEP Green Acres Program and other similar funding
programs.
10. Available to meet with Borough Officials to assist in engineering administration of the
Borough.
11. Available for correspondence and/or meeting with members of the public to address any
issues, concerns or complaints relating to engineering matters.
12. Assist Borough Tax Assessor on the procedures and means to implement the revisions to
the Borough tax maps in accordance with the current standards and regulations of
Department of Treasury, Division of Taxation.
EXHIBIT B
BOROUGH OF CARTERET
Hurl Rat h
February_ 1. 1998 to January_ 31. 2001 *
Discipline Hourly Rate
Municipal Engineer $95.00
Assistant Municipal Engineer $95.00
Support Staff:
Project Engineers/Associates $85.00
Engineers/Designers $75.00
Assistant Engineers/Technicians $60.00
Drafting Personnel $27.00-$55.00
Surveyors/Inspectors $25.00-$70. IX)
Secretarial Personnel $25.00-$55.00
Upon request, the Borough Engineer or Assistant Borough Engineer will attend
Borough Council Meetings for a fee of $95.00 per meeting.
Killam shall be directly reimbursed for expenses such as printing, computer
services and specialized equipment. Travel time and expenses to and from the
Borough, for attendance at meetings and general consultation, will not be charged
to the Borough.
Killam will offer to the Borough reimbursement methods including "lump sums"
and "not to exceeds" where a project can be de£med clearly for preparation of an
engineering budget. Killam shall submit engineering project budgets to the
Borough for review and approval. Authorization to proceed on projects shall
include, either directly or by reference, the scope of work and project budget and
shall be in the form of either a Borough Resolution or Purchase Order from the
Borough.
Killam shall provide a monthly progress report to the Borough on all active projects
within the Borough.
* The Hourly Rate Schedule for the second and third years of this Contract
(February 1, 1999 to January 31, 2000 and February 1, 2000 to January 31,
2001) shall be adjusted each year with an annual increase of five (5%) percent.
EXHIBIT C
P.L. 1975, C. 127 (N.J.A.C. 17:27)
MANDATORY AFFIRMATIVE ACTION LANGUAGE
PROCUREMENT, PROFESSIONAL AND 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 marital status, affectional or sexual orientation. The
contractor will take affh'mative action to ensure that such applicants are recruited and employed,
and that employees are treated during employment, without regard to their age, race, creed, color,
national origin, ancestry, marital status; affectional or sexual orientation. Such action shall
include, but not be 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 mining, 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.
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
copies of the notice in conspicuous places available to employees and applicants for employment.
The contractor or subcontractor, where applicable agrees to comply with the regulations
promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as amended and supplemented from
time to time.
The contractor or subcontractor agrees to attempt in good faith to employ minority and
female workers consistent with the applicable county employment goals prescribed by N.J.A.C.
17:27-5.2 promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as amended and
supplemented from time to time or in accordance with a binding determination of the applicable
county employment goals determined by the Affirmative Action Office pursuant to N.J.A.C.
17:27-5.2 promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as amended and
supplemented from time to time.
The contractor or subcontractor agrees to inform in writing appropriate recruitment
agencies in the area, including 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, affecfional or sexual orientation, 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 personnel testing conforms with the principles or 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.
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 and conform
with the applicable employment goals, consistent with the statutes and court decisions of the State
of New Jersey, and applicable Federal law and applicable Federal court decisions.
The contractor and its subcontractors shall furnish such reports or other documents to the
Affirmative Action Office as may be requested by the office 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 Affirmative Action Office for conducting a compliance investigation pursuant
to Subchapter 10 of the Administrative Code (NJAC 17:27,