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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,