HomeMy Public PortalAboutr 21-061ywoolurion of the 190xnixg.h -o# garf i, N 01
No. 21 -61
Date of Adoption April 8, 2021
AUTHORIZING A PROFESSIONAL SERVICES CONTRACT WITH
T &M ASSOCIATES FOR GENERAL ENGINEERING SERVICES
FOR THE 2021 CALENDAR YEAR
WHEREAS, the Borough of Carteret is in need of professional General Engineering
Services for the 2021 calendar year; and
WHEREAS, the Borough's Consulting Engineers, T &M Associates, possess the
requisite skill and expertise to provide said services; and
WHEREAS, T &M Associates has submitted a proposal to provide said engineering
services at a total cost not to exceed $40,000.00; and
WHEREAS, the Mayor and Council have reviewed said proposal; and
WHEREAS, One Chief Financial Officer has certified that funds are or will be available
for said purpose. Acct. # 1- 01 -20- 165 -254
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough
of Carteret, County of Middlesex, State of New Jersey, as follows:
1. That the proposal from T &M Associates for professional General
Engineering Services for the 2021 calendar year at a total cost not
to exceed $40,000.00, billable in accordance with T &M's existing
contract with the Borough, is hereby approved.
2. That annexed hereto is a copy of said proposal.
3. That this action is approved as an award of a professional services
contract pursuant to N.J.S.A. 40A:11- 5(1)(a) in accordance with
the Borough's Fair and Open Process as authorized by law.
4. A copy of this Resolution be forwarded to the Borough's
Purchasing Department and T &M Associates.
Adopted this 8d' day of April, 2021
.. and certified as a true copy of the
original on April 9, 2021.
CARMELA POGORZELSKI, RMC
Municipal Clerk
RECORD OF COUNCIL VOTE
COUNCILMAN
YRS
NO
NV
A.D.
COUNCILMAN
Yl5
NO
NV
A.D.
BELLINO
X
JOML
X
DIAZ
X
KRUM
X
DIMASCIO
X
NAPLES
X
X - Indicate Vote AB - Absent NV -Not Voting XOR- Indicates Vote to Overrate Veto
Adopted at a meeting of the Municipal Council
/// A ril 8 2021
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MUNICIPAL CLERK
To: Patrlclt J, DeBlasio, Treasurer
Borough of Carteret
No.2220 P, 1/2
REQUEST FOR C15WrIVICATION OF AVAILABLE FUNDS:
Por: PROFESSIONAL SERVICES - T&M ASSOCIATES - GENERAL rRGINEERING
FOR THE 2021 CALENDAR MR
Name of Account: T&M ASSOCIATES
Amount to be encumbered:
Resolution #: a -!
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CERTIFICATION OF AVAILABILITY OF FUNDS
1, Treasurer of the Borough of Carteret, do hereby certify that there are sufficient funds
available in the current budget to enable the Borough Council to authorize the entering
into a contract between the Borough of Carteret and:
P %dpi ds tJn
The funds availaWe for this contract are in the budget, in the account of:
in the amount of: ` v) 000
Bye tlils cerrification, I have hereby encumbered the above named account for the amount
of the contract pending Council action.
Patrick J, eBlmlo, Treasurer
Date: b
Memorial Muntcipal Buildnig ® 61 Cooke Avenue ® Carteret, Now Jersey 07008
'I>:1: 732- 541 -3800 0 Fax! 732- 5418925 0 wwwQuRerctxfl
AFFIDAVIT OF PUBLICATION
The following is a true copy of an Ordinance or Resolution of
the Borough of Carteret that has appeared in the Home News
Tribune, a newspaper which is printed in Freehold, New
Jersey and published in Neptune, in said County and State and
of general circulation in said county. One 1 time(s), once in
each issue as follows:
April 14, 2021
e ' ` 4L "Ij
Notary Public of New Jersey
AANA C. ARCHEVAL
NOTARY PUBLIC OF NEW JERSEY
MY COM' MISSIN ExPires 1/12/2022
Sworn and subscribed before
me this IYA day of 4gjl �26,2
1Viunicipal Clerk
AGREEMENT
FOR
PROFESSIONAL SERVICES
AS
CONSULTING ENGINEER
0
BOROUGH OF CARTERET
THIS AGREEMENT is made as of thishday ofn' L 2021, by and between
AND
BOROUGH OFCARTERET
61 Cooke Avenue
Carteret, NJ 07708
(Hereinafter referred to as the "CLIENT ")
T &M ASSOCIATES
11 Tindall Road
Middletown, NJ 07748
(Hereinafter referred to as the "ENGINEER ")
WHEREAS, the CLIENT desires to engage the ENGINEER to serve as the CONSULTING
ENGINEER for the purpose of rendering professional services upon the request of and assignment
by the CLIENT; and
WHEREAS, ENGINEER has submitted a proposal as part of this Agreement to serve as
CONSULTING ENGINEER, the terms and conditions of said proposal, including fees, are
satisfactory to the CLIENT, and are set forth herein; and
WHEREAS, NICHOLAS C. ROTON DA, PE, PP, CME,a current employee ofT &M Associates, has
been appointed as the as CONSULTING ENGINEER and shall be designated as the Engineer in
Responsible Charge on behalf of the CLIENT; and
NOW, THEREFORE, the CLIENT and ENGINEER, in consideration of their mutual covenants and
promises, agree as follows:
SECTION 1 — PERIOD OF SERVICE
This Agreement shall have an effective commencement date of January 1, 2021 and shall terminate
on December 31, 2021. Should the ENGINEER's services, be required beyond that time, the
ENGINEER and CLIENT shall agree on the terms of the extended period of service.
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2.25.2021
Page 2 of 9
SECTION 2 — PROFESSIONAL SERVICES OF THE ENGINEER
The ENGINEER upon the request of the CLIENT shall provide professional services requested by the
CLIENT which shall include, but not be limited to, the following:
a. Services required of an Consulting Engineer by Statute and Ordinance and any other services
requested and authorized by the Authority during the term of the ENGINEER's appointment;
b. Provide professional services for the consulting projects identified by the CLIENT, as directed;
c. Provide technical and engineering advice to the CLIENT;
d. Consult with others and the CLIENT with respect to the foregoing matters, and all other
engineering matters, related to the duties and responsibilities of the CLIENT;
e. Furnish pertinent reports, counseling, and advice to the CLIENT, as required;
f. Provide other professional services requested by the CLIENT which are offered directly by the
ENGINEER or through sub - consultant agreements authorized by the CLIENT, including but not
limited to: land surveys; preparation of grant applications; additional inspection or observation
of projects; environmental evaluation or assessments; review of outside technical consultants;
laboratory tests of materials; borings and other soils investigations; LSRP services, detailed
layout of construction; or similar services;
g. Provide Additional Services that may be requested by CLIENT; and
h. Perform such other duties and functions as may be requested by the CLIENT.
SECTION 3 — ENGINEER'S RESPONSIBILITIES
The ENGINEER agrees to the following:
a. Provide, with the usual thoroughness and competence of the engineering profession, the
professional services noted and set forth in SECTION 2 — PROFESSIONAL SERVICES OF THE
ENGINEER;
b. Perform all professional services under this Agreement with the care and skill ordinarily used by
members of the engineering profession practicing under similar circumstances at the same time
and in the same locality and based on facts and information available at the time services are
provided;
c. Obtain the services of sub - contractors or sub professionals as required and /or ordered by the
CLIENT for the compensation provided herein; and
d. In the event NICHOLAS C. ROTONDA, PE, PP, CME is not available to provide services or if
the employee's employment with T &M Associates terminates, then the ENGINEER shall
designate another employee who is satisfactory to the CLIENT and who shall be in Responsible
Charge for the remaining term of this Agreement.
SECTION 4 — CLIENT'S RESPONSIBILITIES
The CLIENT agrees to the following:
a. Make such records and information available to the ENGINEER as maybe required to assist him
in the performance of his duties;
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b. Authorize and direct committees, employees, and agents of the CLIENT to consult with the
ENGINEER at all reasonable times upon the request of the ENGINEER regarding the services
performed as described in this Agreement;
c. Submit to the ENGINEER all relevant applications, plans, and reports prepared by others within
such time to allow the ENGINEER ample opportunityto properly review same, consult with respect
thereto and to make any necessary reports to the CLIENT, without the ENGINEER causing a delay
in the progress of the work; and
d. Authorize the ENGINEER to undertake additional services related to special projects ( "Additional
Services ") if deemed necessary. Such authorization shall be memorialized in writing between
the parties prior to commencement of said services. The ENGINEER shall be compensated for
Additional Services in accordance with the negotiated fee agreed to between the CLIENT and the
ENGINEER.
SECTION 5 — PAYMENT TO THE ENGINEER
5.1 For the services rendered by the ENGINEER under this Agreement, the CLIENT shall pay and the
ENGINEER shall receive the following described sums:
5.1.1 PROFESSIONAL SERVICES. For all professional services provided pursuant to this Agreement,
the ENGINEER shall be compensated in accordance with the 2021 SCHEDULE OF HOURLY
BILLING RATES / EXPENSES, attached hereto as EXHIBIT II.
5.1.2 ADDITIONAL SERVICES. For any Additional Services performed under Section 4 of this
Agreement, the ENGINEER shall be compensated in accordance with the negotiated fee as set
forth in writing between the parties.
5.1.3 ATTENDANCE AT MEETINGS. The ENGINEER, or his representative, shall attend scheduled
workshop and public meetings of the CLIENT as requested. The ENGINEER shall be
compensated for said meetings in accordance with the 2021 SCHEDULE OF HOURLY
BILLING RATES / EXPENSES attached hereto as EXHIBIT II.
5.1.4 ADDITIONAL EXPENSES. Expenses for travel, postage, and telephone are specifically included
in the hourly rates set forth in the 2021 SCHEDULE OF HOURLY BILLING RATES /
EXPENSES attached hereto as EXHIBIT II. All other expenses specifically related to the work
performed under this Agreement shall be reimbursed to the ENGINEER.
5.1.5 THE TOTAL FEE FOR THE 2021 YEAR SHALL NOT EXCEED $40,000, TO BE BILLED
MONTHLY AT THE CONTRACTED RATES.
5.2 Vouchers or invoices shall be issued monthly by ENGINEER for services performed. Such billings shall
be due when rendered. In the event the CLIENT has a dispute with an invoice (or any portion of an
invoice), the CLIENT shall nevertheless pay all undisputed invoices, or undisputed portions thereof,
no later than sixty (60) days from the date of the invoice. CLIENT and ENGINEER agree to negotiate
any and all disputes in good faith with an effort of resolving the dispute within sixty (60) days of the
subject invoice date.
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5.3 In the event the CLIENT requires the ENGINEER's services beyond the termination date specified in
SECTION 1 - PERIOD OF SERVICE, the ENGINEER's 2021 SCHEDULE OF HOURLY BILLING
RATES / EXPENSES shall be subject to an equitable adjustment to reflect changes in the various
elements that comprise the rates. All adjustments will be pursuant to an agreement reached between
the CLIENT and the ENGINEER which such agreement shall be reduced to writing and deemed a
modification of this Agreement.
SECTION 6 — STATUS OF ENGINEER
6.1 The CLIENT, subject to appropriation and availability of funds, authorizes the ENGINEER to secure any
and all professional, technical and non - technical staff which mayfrom time to time be necessary in the
performance of the services required. It is expressly agreed and understood that services will be
provided and certain functions will be performed on behalf of the CLIENT, pursuant to the terms of this
proposal, by the ENGINEER's employees.
SECTION 7 — INSURANCE AND INDEMNIFICATION
7.1 The ENGINEER shall secure and maintain Workman's Compensation Insurance (as required by Law)
and General Liability Insurance to protect the ENGINEER and/ or its employees and agentsfrom claims
for bodily injury, death or property damage which may arise from the performance of services pursuant
to this Agreement. The limits of said Liability Insurance shall not be less than $1,000,000 with a
$2,000,000 excess liability coverage. If requested, the ENGINEER shall provide Certificates of
Insurance to the CLIENT prior to the performance of any services.
7.2 The ENGINEER shall also provide and maintain Professional Liability (Errors and Omissions) Insurance
for claims which arise from any negligent performance of the ENGINEER pursuant to this agreement.
The limits of the ENGINEER'S Professional Liability insurance shall not be less than $2,000,000 per
claim.
7.3 The CLIENT acknowledges that although the ENGINEER is responsible to cooperate with and make
complete, timely and accurate professional recommendations to the CLIENT with respect to
engineering matters related to the services provided by the ENGINEER, the final decisions in such
circumstance is within the CLIENT's discretion and are to be made by the CLIENT. The ENGINEER
acknowledges that the CLIENT, in exercising its discretion and making said decisions, can and will be
relying upon the completeness, timeliness, and accuracy of the ENGINEER's professional engineering
recommendations.
The ENGINEER shall not be liable for any decision by the CLIENT (or consequences thereof) which is in
direct contravention of the complete, timely, accurate and written professional recommendations of
the ENGINEER with regard to the respective decision of the CLIENT, and only to the extent that a court
of competent jurisdiction determines, following all appeals, that said contravention by the CLIENT was
the sole proximate cause of the liability being asserted against the ENGINEER.
7.4 The ENGINEER agrees subject to the provisions herein, to indemnify and hold the CLIENT harmless
from any damage, liability or cost (including reasonable attorneys' fees and costs of defense) to the
extent caused by the ENGINEER's negligent acts, errors or omissions (and those of his or her
contractors, subcontractors or consultants oranyone for whom the ENGINEER is legally liable) in the
performance of professional services under this Agreement.
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The CLIENT agrees, subject to the provisions herein, to indemnify and hold the ENGINEER harmless
from any damage, liability or cost (including reasonable attorneys' fees and costs of defense) only to
the extent that a court of competent jurisdiction determines, following all appeals, that the CLIENT's
reckless or willful misconduct was the sole proximate cause of said damage, liability, or cost for which
the ENGINEER is seeking indemnification.
SECTION 8 — OWNERSHIP AND REUSE OF DOCUMENTS
8.1 All final plans and specifications, ordered by the CLIENT and prepared by the ENGINEER shall become
the joint property of the CLIENT and the ENGINEER. At the completion of work or in the event of
termination, all work sheets and internal office communications of the ENGINEER, including drawings,
sketches, calculations, field notes and memoranda are and shall remain the property of the ENGINEER,
as instruments of service. The CLIENT, at its expense, may obtain extra prints of final drawings and
specifications.
8.2 All documents including drawings and specifications prepared by the ENGINEER pursuant to this
Agreement are instruments of service with respect to a specific project. They are not intended or
represented to be suitable for reuse of the CLIENT or others on extensions of the project or on any
other project. Any reuse without written verification or adaptation by the ENGINEER for the specific
purpose intended will be at the CLIENT'S sole risk, with no liability or exposure to the ENGINEER; and
the CLIENT shall indemnify and hold harmless the ENGINEER from all claims, damages, losses and
expenses including attorney's fees arising out of or resulting from such unauthorized use. Any such
verification or adaptation will entitle the ENGINEER to further compensation at rates to be agreed upon
by the CLIENT and the ENGINEER.
SECTION 9 — MISCELLANEOUS
9.1 AFFIRMATIVE ACTION. The ENGINEER and the CLIENT hereby incorporate by reference into this
Agreement the mandatory Affirmative Action language of Subsection 3.4(a) and the mandatory
language of Section 5.3 of the Regulations promulgated by the Treasurer of the State of New Jersey
pursuant to P.L. 1975, c. 127 and N.J.S.A. 10:5 -31, as amended and supplemented from time to time;
and ENGINEER agrees to comply fully with the terms, provisions and conditions of Subsection 3.4(a),
and Section 3.4(a) shall be applied subject to the terms of Subsection 3.4(d) of the Regulations. The
AFFIRMATIVE ACTION LANGUAGE set forth in EXHIBIT I is also made a part hereof.
9.2 AMERICANS WITH DISABILITIES ACT. The ENGINEER and the CLIENT do hereby agree that the
provisions of Title II of the Americans with Disabilities Act of 1990 (the "Act ") (U.S.C. Sec. 12101 at
seq.), which prohibits discrimination on the basis of disability by public entities in all services,
programs, and activities provided or made available by public entities, and the rules and regulations
promulgated pursuant thereunto, are made a part of this Agreement.
9.3 FORCE MAJEURE. The ENGINEER is not responsible for delays caused by factors beyond the
ENGINEER's control including, but not limited to, strikes, lockouts, work slowdowns or stoppages,
accidents, acts of God, failure of any governmental or other regulatory authority to act in a timely
manner, failure of the CLIENT to furnish timely information or provide review comments promptly, or
delays caused by the faulty performance of others.
9.4 MUTUAL WAIVER. To the fullest extent permitted by law, the CLIENT and the ENGINEER waive against
each other, and the other's employees, officers, directors, insurers, partners, and consultants, any and
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all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of,
resulting from, or in any way related to this Agreement, from any cause or causes including, but not
limited to, loss caused by delay, commercial loss, or lost profits or revenues or opportunities from any
service provided by either Party.
9,5 GOVERNING LAW. The laws of the State of New Jersey shall govern this Agreement.
9.6 SUCCESSORS AND ASSIGNS. Each Party to this Agreement is hereby bound to the terms and
conditions contained in this Agreement and the legal representatives, successors and assignees of
this Agreement, if any, shall also be bound to the terms and conditions contained herein.
9.7 SEVERABILITY. Any provision of this Agreement held to be void and unenforceable under any law or
regulation shall be stricken, and all remaining provisions shall continue to be valid and binding upon
the parties to this Agreement.
9.B ENTIRE AGREEMENT. This Agreement represents the entire agreement between the CLIENT and the
ENGINEER relating to the subject matter hereof and no representations or agreements made by either
party or by any representative of either party in the negotiations leading to this Agreement or otherwise
which are not expressed in this Agreement shall be binding on either party. No change in, addition to,
or modification of any provision of this Agreement shall be effective unless made by written agreement
signed by the party to be charged with such change, addition, or modification.
IN WITNESS WHEREOF, the CLIENT and the ENGINEER have caused this Instrument to be executed
in its respective name and behalf as of the day and year herein written.
WITN
01
Date: 4- 1 7) '")- �' -)- i _
WITNESS
By: / t L25 C6 '
SHIRLEYfPROIETT0
ADMINISTRATIVE ASSISTANT
Date: d
By:
By:
t?AN1 �Irot>xN- 1 °p-
ROBERT R. KEADYJR., PE, CME
SENIOR VICE PRESIDENT
T &M CONSULTING ENGINEER
B T & M Associates 2021
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EXHIBIT I
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE
U.S.A. 10:5.31 ET SEQ. (P.L. 1975, C. 127)
N.J.A.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, where applicable, will not discriminate against any employee or
applicant for employment because of age, race, creed, color, national origin, ancestry, marital status,
affectional or sexual orientation, gender identity or expressions, disability, nationality or sex. Except with
respect to affectional or sexual orientation and gender identity or expression, the contractor will ensure that
equal employment opportunity is afforded to such applicants in recruitment and employment, and that
employees are treated during employment, without regard to their age, race, creed, color, national origin,
ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality
or sex. Such equal employment opportunity shall include, but not 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 training, including apprenticeship. The contractor agrees
to post in conspicuous places, available to employees and applicants for employment, notices to be provided
by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause.
The contractor or subcontractor, where applicable will, in all solicitations or advertisements for
employees placed by or on behalf of the contractor, state that all qualified applicants will receive
consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital
status, affectional or sexual orientation, gender identity or expressions, disability, nationality or sex.
The contractor or subcontractor will send to each labor union, with which it has a collective bargaining
agreement, a notice, to be provided by the agency contracting officer, advising the labor union of the
contractor's commitments under this chapter and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated
by the Treasurer pursuant to U.S.A. 10:5 -31 et seq., as amended and supplemented from time to time and
the Americans with Disabilities Act.
The contractor or subcontractor agrees to make good faith efforts to meet targeted county
employment goals established in accordance with N.J.A.C. 17:27 -5.2.
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The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies
including, but not limited to, employment agencies, placement bureaus, colleges, universities, and labor
unions, that it does not discriminate on the basis of age, race, creed, color, national origin, ancestry, marital
status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, and that
it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory
practices.
The contractor or subcontractor agrees to revise any of its testing procedures, if necessary, to assure
that all personnel testing conforms with the principles of job - related testing, as established by the statutes
and court decisions of the State of New Jersey and as established by applicable Federal law and applicable
Federal court decisions.
In conforming with the targeted employment goals, the contractor or subcontractor agrees to review
all procedures relating to transfer, upgrading, downgrading and layoff to ensure that all such actions are
taken without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual
orientation, gender identity or expression, disability, nationality or sex, consistent with the statutes and court
decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions.
The contractor shall submit to the public agency, after notification of award but prior to execution of a
goods and services contract, one of the following three documents:
• Letter of Federal Affirmative Action Plan Approval
• Certificate of Employee Information Report
• Employee Information Report Form AA302
(electronically provided by the Division and distributed to the public agency through the Division's
website at www.state.nj.us /treasury /contract compliance)
The contractor and its subcontractors shall furnish such reports or other documents to the Division of
Purchase & Property, CCAU, EEO Monitoring Program as may be requested bythe 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 Division of Purchase & Property, CCAU, EEO Monitoring Program for conducting a
compliance investigation pursuant to N.J.A.C. 17:27 -1.1 at seq.
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EXHIBIT 11
2021 SCHEDULE OF HOURLY BILLING RATES / EXPENSES
(ATTACH)
T &M CONSULTING ENGINEER
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