Contract

2 Aquarium Drive
Suite 320

Camden, NJ 08103
T: 856-668-8600
F: 856-668-8610

www.pennoni.com

March 19, 2018

Kathy Phillips, Secretary
Delran Township Zoning Board
900 Chester Avenue
Delran Township, New Jersey 08075

RE: CONTRACT FOR PROFESSIONAL SERVICES
2018 ZONING BOARD PLANNER
DELRAN TOWNSHIP, NEW JERSEY 08075

Dear Kathy:

Enclosed for signature are two copies of the Contract for Professional Services between Pennoni Associates
Inc. and the Township of Delran Zoning Board. After execution, please return one signed copy to our office.

If any additional information or discussion that may be necessary, please do not hesitate to call us.

Sincerely,

PENNONI ASSOCIATES INC.

Joseph J. Raday, PE, CME
JJR/cm
Enclosure

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PROFESSIONAL SERVICES AGREEMENT

This agreement between the Township of Delran Zoning Board (hereinafter called “the Township”), a
municipal corporation of the State of New Jersey located at 900 Chester Avenue, Delran, New Jersey 08075
and Pennoni Associates Inc., (hereinafter called “the Engineer”), having a place of business at 2 Aquarium
Drive, Camden NJ 08103.

WHEREAS, the Township has need of the services of a Zoning Board Planner; and

WHEREAS, it is the desire of the Township to execute an Agreement authorizing the services to be performed
and the charges therefore;

NOT THEREFORE, in consideration of the mutual covenants contained herein, it is agreed by and between
the parties as follows:

1. Term of Agreement:

The term of this Agreement shall be January 1, 2018 through December 31, 2018.

2. Scope of Services. The Zoning Board Planner shall perform, as requested by the Zoning Board, the duties
associated with the office of Zoning Board Planner on matters designated by the Zoning Board. Services
shall include but not be limited to the following: Review plans for compliance with the Township Code;
attend meetings, staff meetings and meetings with the applicant’s representatives; and prepare and
issue review letters, bond estimates, and reports as needed or as requested by the Township.

3. Affirmative Action. The parties hereby incorporate into this Agreement the mandatory language of the
Regulations promulgated by the Treasurer of the State of New Jersey pursuant to N.J.S.A. 10:5-31 and
N.J.A.C. 17:27, as amended and supplemented from time to time, as set forth in the attached Exhibit A.

4. Compensation. The Zoning Board shall have the power to authorize work under the provisions of this
contract to the extent that there are funds appropriated. The Zoning Board shall request, prior to
authorizing the work, a Not to Exceed cost estimate from the Zoning Board Planner. Said Not to Exceed
estimate shall be reduced to written form and presented to the Zoning Board prior to authorization of
work. Any changes in the work beyond the Not to Exceed cost estimate shall only proceed if so
authorized by the Zoning Board.

5. Insurance. The Zoning Board Planner shall be covered by professional liability and error/omissions
insurance as outlined in Exhibit C.

6. Termination. In the event of termination, the Township’s Zoning Board sole obligation to the Zoning
Board Planner shall be payment for all services performed up to the date of their receipt of notice
thereof, and for such additional services as the Township may specifically request him to undertake in
order to complete any work in progress. The rate of compensation for all such services shall be stated in
paragraph 4 herein.

7. Assignment. This agreement for professional services may not be assigned by either party.

8. Responsibilities. The Zoning Board Planner shall perform his responsibilities in a good, professional, and

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Kathy Phillips 2018 ZONING BOARD PLANNER

workmanlike manner in conformity with the responsibilities and ethics of his profession.

9. Special Consultants. Whenever the Zoning Board Planner deems the interest of the Township so
requires, the Zoning Board Planner may request the Township appoint Special Consultants to assist him
in carrying out the prescribed duties of the Zoning Board Planner.

10. Work Product. All work product including internal memoranda, reports, maps, plans and final product
shall become the property of the Township and shall be surrendered to the Township or Zoning Board
its designee upon termination of this Agreement. The Zoning Board Planner shall be compensated for
the labor and direct expense costs necessary to reproduce said materials.

11. Proof of License. The Zoning Board Planner, Joseph F. Luste Jr. or his designee shall be a Licensed
Professional Planner in the State of New Jersey. A true and complete copy of said license is attached as
Exhibit D.

12. Proof of Business Registration. The Zoning Board Planner shall maintain a Business Registration
Certificate as required by the State of New Jersey. A true and complete copy of said registration is
attached as Exhibit E.

13. Employee Information Report. The Engineer shall maintain an Employee Information Report as
required by the State of New Jersey. A true and complete copy of said report is attached as Exhibit F.

IN WITNESS WHEREOF, the Township has caused this contract to be executed by its duly authorized
representative, and an Officer of Pennoni Associates Inc. has set his hand and seal hereunder.

IN WITNESS WHEREOF, the Township has caused this contract to be executed by its duly authorized
representative, and the Engineer has set his hand and seal hereunder on the day and year first above written.

TOWNSHIP OF DELRAN

BY: _____________________________ ____________________________________
Kathy Phillips, Secretary Ken Paris, Mayor

PENNONI ASSOCIATES INC.
BY:

Joseph J. Raday, PE, CME Edward Guetens
Project Manager Vice President

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Kathy Phillips 2018 ZONING BOARD PLANNER

EXHIBIT A

MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE
N.J.S.A. 10:5-31 et seq. (P·. L. 1975, C. 127)
N.J.A.C. 17:27 et seq.

GOODS, GENERAL SERVICES, AND PROFESSIONAL SERVICES 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 expression, 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 expression, 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 N.J.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.

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.

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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 Employees Information Report; or

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 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 Division of Purchase & Property, CCAU, EEO Monitoring Program for conducting a
compliance investigation pursuant to N. J.A.C.17:27-1.1 et seq.

_______________________________ 03/19/2018
Date
Joseph J. Raday, P.E., C.M.E.
Delran Township Zoning Board Engineer

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EXHIBIT B

Billing Rates

DELRAN TOWNSHIP
2018 SCHEDULE OF FEES

Pennoni provides engineering consulting services to its clients in accordance with the terms and conditions of our
contract. Pennoni's compensation will be based on the following schedule of fees and charges unless our contract
specifies otherwise.

LABOR CATEGORY RATES: $/HOUR

Senior Principal Professional .......................................................................................................................................... $250

Principal Professional ..................................................................................................................................................... $200

Senior Professional ........................................................................................................................................................ $170

Project Professional ....................................................................................................................................................... $158

Staff Professional ........................................................................................................................................................... $150

Associate Professional.................................................................................................................................................... $140

Graduate Professional.................................................................................................................................................... $120

Technician III.................................................................................................................................................................. $108

Technician II................................................................................................................................................................... $100

Technician I..................................................................................................................................................................... $ 90

Survey Crew................................................................................................................................................................... $210

Senior Field Technician................................................................................................................................................... $112

Field Technician .............................................................................................................................................................. $ 90

Laboratory Technician..................................................................................................................................................... $ 80

Building Code Official ...................................................................................................................................................... $ 96

Project Assistant ............................................................................................................................................................. $ 70

 Add 15% to above Survey Crew rates when OSHA 40-hour training required
 Technical Support/Expert Testimony Fee provided upon request
 3 Person Survey Crew rates for roadwork provided uponrequest
“Professional” includes all disciplines (Engineer, Landscape Architect, Surveyor, Geologist, etc.)

EXPENSES:

Pennoni does not bill for routine office management or accounting services; however, direct expense charges
described below are subject to an additional administrative and handling fee as indicated:

 Subconsultant/Subcontractor services: cost plus 10%
 Project Related Travel and Living Expenses: cost plus10%
 Field Equipment, Expendable Materials/Supplies and Outside Reproduction): cost plus10%
 Passenger Vehicles: per IRS standard rate
 Field Vehicles: $100.00/day
 Record Retrieval: $500.00/request plus reprographic charge
 Communication Fee: 2% of billable labor. Includes cost for non-deliverable in-house photocopies, non-

express postage and telephone/fax/computer.
 Identifiable communications, mailing and reproduction costs; identifiable drafting and stenographic

supplies; and expendable materials and supplies purchased specifically for the project. A 10%
administrative and handling charge will be added to client reimbursable expenses.

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EXHIBIT C

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EXHIBIT D
ENGINEERS PROFESSIONAL LICENSE

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EXHIBIT E
NEW JERSEY BUSINESS REGISTRATION CERTIFICATE

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EXHIBIT F
CERTIFICATE OF EMPLOYEE INFORMATION REPORT