Township Council Meeting — Agenda

14-22 January 18, 2022 RESOLUTION WHEREAS, CME Associates (“CME”) responded to the Township’s Request for Proposals pursuant to a fair and open process for professional engineering services; and WHEREAS, the Township currently has a Steep Slope Ordinance which is in need of updating to ensure that the health, safety and welfare of the residents are protected given the climatic changes that the region is experiencing; and WHEREAS, CME has agreed to provide professional engineering services pursuant to the terms and conditions set forth in the agreement annexed hereto as Exhibit “A”; and NOW, BE IT HEREBY RESOLVED, by the Township Council of the Township of West Orange that the Mayor be and is hereby authorized to approve the proposal, in the form annexed hereto, to retain CME to provide professional engineering services to update the Steep Slope Ordinance to the Township of West Orange on the terms and conditions set forth therein at the total cost not to exceed $6,000; and it is further RESOLVED that notice of this award shall be available in the Clerk’s office in accordance with applicable law. Karen J. Carnevale, R.M.C. Susan McCartney Municipal Clerk Council President Adopted: January 18, 2022 I hereby certify funds are available from: Account No. John O. Gross, CFO

EXHIBIT A

JOHN H.ALLGAIR, PE, PP, LS (1983-2001) DAVID J. SAMUEL, PE, PP, CME JOHN J. STEFANI, PE, LS, PP, CME JAY B. CORNELL, PE, PP, CME MICHAEL J. McCLELLAND, PE, PP, CME GREGORY R. VALESI, PE, PP, CME ASSOCIATES January 10, 2022 Via E-Mail (rtrenk@trenkisabel.law) Richard D. Trenk, Esq. Trenk Isabel Attorneys at Law 290 W. Mt. Pleasant Avenue, Suite 2350 Livingston, NJ 07039 Re: Proposal for Professional Engineering Services To Update the Steep Slope Ordinance For the Township of West Orange, Essex County, New Jersey Proposal No. 2022-006 Dear Mr. Trenk: protected given the climatic changes that the region is experiencing. following changes: TIM W. GILLEN, PE, PP, CME (1991-2018) BRUCE M. KOCH, PE, PP, CME LOUIS J. PLOSKONKA, PE, CME TREVOR J. TAYLOR, PE, PP, CME BEHRAM TURAN, PE, LSRP LAURA J, NEUMANN, PE, PP DOUGLAS ROHMEYER, PE, CFM, CME ROBERT J. RUSSO, PE, PP, CME JOHN J, HESS, PE, PP, CME In accordance with your request, we are pleased to submit our proposal for Professional Engineering services to assist the Township of West Orange with updating the Steep Slope Ordinance to ensure that the health, safety and welfare of the residents of the Township are As discussed during our recent meeting with yourself and representatives of the Township, our office would prepare an amendment to the Steep Slope Ordinance which would incorporate the 1. Require the developer of a parcel with steep slopes to perform a geotechnical analysis of the slope stability and the need for remedial work such as shaping of the rock face, pinning and/or grouting of the exposed rock for stabilization and the installation of safety netting in areas of concern. The ordinance will establish minimum criteria for the scope of the geotechnical analysis. In addition, the ordinance will stipulate that the geotechnical report must be prepared by a New Jersey licensed Engineer with a minimum of 5 years of professional experience in geotechnical engineering. In areas where the potential for rock slides exist, a rock fall zone should be provided at the toe of slope. Criteria for determining the required width of the rock fall zone will be added to the Ordinance. Require the developer to prepare a steep slope maintenance plan to ensure that the slope is maintained in a safe and stable condition over the years. Detailed requirements for the steep slope maintenance plan will be

loper to prepare a steep slope maintenance plan to ensure that the slope is maintained in a safe and stable condition over the years. Detailed requirements for the steep slope maintenance plan will be added to the Ordinance. The ordinance will stipulate that the maintenance plan must be prepared by a New Jersey licensed Engineer with a minimum of 5 years of professional experience in geotechnical engineering. In addition, the maintenance plan must be recorded against the deed of record for each property on which the steep slope is located. SAPROPOSAL\2022-006 Richard Trenk, Esq. 01-10-22.docx \ CONSULTING AND MUNICIPAL ENGINEERS / 849 W. BAY AVENUE, SUITE 7 » BARNEGAT, NEW JERSEY 08005 e (732) 410-2650 e FAX: (609) 698-1690

ASSOCIATES Richard D. Trenk, Esq. January 10, 2022 Trenk Isabel Attorneys at Law Proposal No. 2022-006 Re: Proposal for Professional Engineering Services Page 2 To Update the Steep Slope Ordinance For the Township of West Orange, Essex County, New Jersey 4. For areas at the top of a steep slope, the ordinance will establish a minimum setback from the top of slope to any proposed improvements such as buildings, roads, parking lots, etc. CME Associates will perform the above work on a time and materials basis in accordance with the attached schedule of hourly rates for 2022. We have estimated that our fee for performing this service will be approximately $6,000.00. This fee estimate includes updating the existing steep slope ordinance to include the changes discussed above. We have also included attendance a two (2) virtual meetings with your office and Township representatives to review the proposed changes prior to submission to the Township Council for adoption. In addition, we have included attendance at one (1) Township Council meeting to present our recommendations and to answer any questions that the members of the Township Council or members of the public might have. Upon completion of the ordinance amendments, we will provide your office and the Township with an electronic copy of revised ordinance. It is our understanding that the Township desires to have the steep slope ordinance amended as quickly as possible. CME Associates is available to begin work on the ordinance amendments immediately upon receipt of authorization to proceed from the Township. In addition, we anticipate having a draft of the proposed ordinance amendments prepared within 3 weeks of receiving the Township's authorization to proceed. Should you find our fee estimate to be acceptable, kindly have the Township of West Orange provide our office with a purchase order or professional services resolution authorizing same. We would like to thank you for allowing us to present this proposal and look forward to working with you on this project. Should you have any questions or require any additional information, please feel free to call. Very truly yours, IE Associates le s, PE, PP, CME Principal JJH:ts ce: Greg Valesi, PE Attachment ~— Rate Schedule 'S\PROPOSAL\2022-006 Richard Trenk, Esq. 01-10-22.docx

ASSOCIATES MUNICIPAL ENGINEERING SERVICES GENERAL CONDITIONS AND HOURLY RATE SGHEDULE TO JANUARY 1, 2023 Senior Project Manager. Project Manager Project Leader .. Professional Engineer Senior Project Engineer. Project Engineer... Senior Design Engineer. Design Engineer. Senior Engineering Technician. Drone Pilot..... Engineering Technician/Management Information Systems Technician. Drone Technician ..... Professional Land Surveyor . Land Surveyor... Robotic Total Station Party Chief... Survey Technician Resident Engineer. Chief Construction Engineer, Senior Construction Engineer... Construction Engineer. Chief Construction Technician. Senior Construction Technicia Construction Technician...... Technical Assistant. Senior CAD Techniciat Licensed Landscape Architect. Senior Landscape Designer... Certified Tree Expert Landscape Designer. Director of Planning Professional Planner Project Planner... Planning Technician Principal. Partner... Managing Partner/Administrative Partner. .. $185.00 Per Hour $184.00 Per Hour $183.00 Per Hour - $181.00 Per Hour . $174.00 Per Hour $172.00 Per Hour . $170.00 Per Hour $166.00 Per Hour $145.00 Per Hour - $139.00 Per Hour $138.00 Per Hour .§ 79.00 Per Hour . $181.00 Per Hour $159.00 Per Hour .$ 77.00 Per Hour $138.00 Per Hour $125.00 Per Hour $159.00 Per Hour . $152.00 Per Hour - $145.00 Per Hour - $140.00 Per Hour . $138.00 Per Hour . $131.00 Per Hour $125.00 Per Hour .$ 97.00 Per Hour $181.00 Per Hour $165.00 Per Hour $145.00 Per Hour 131.00 Per Hour 217.00 Per Hour Environmantal services will be billed in accordance with CME's Environmental Rate Schedule Invoiogs - CME Associates (CME) will submit invoices to Cllant monthly and a final Involes upon completion of services. Payment Is due upon prasentation of invclco and Is past due thity days from invoice date. Client agrees to pay 8 finance charge of ate and one-half percent per manth, or the maximum rate allowed by lew, on past due accounts, In the event that the invoice Is not paid voluntarily and promptly, and must therefore be roferced to an altorney or agency for callection, the Client agrees to pay & collection fee equal (0 the actual attorney ar agency collection fee incurrad by CME, Overtime rates ara applicable after eight hours Monday through Friday, and all day Saturday and Sunday, and charged at one and one-half timas the quoted rate, Holidays are

lection fee incurrad by CME, Overtime rates ara applicable after eight hours Monday through Friday, and all day Saturday and Sunday, and charged at one and one-half timas the quoted rate, Holidays are charged at two times the quoted rate, Expenses Incurred for reproduction, postage handiing, photographs and for services including subconsultants equipmont and facilities not furnished by CME are charged to the Cilent at cost plus fifteen percent, Automobile travel may be charged at the current rate per mile allowed by the Internal Revenue Service. Stanilast) of Gare ~ Services performed by CME unwer this Agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. NO OTHER WARRANTY, EXPRESSED OR IMPLIED, IS MADE. Contaminated Material - itis understood that CME is not, and has no responsibility as a handler, generator, operator, treater ar storer, transporter ar disposer of hazardous or toxic substances found or idontified at any site, Client shall undertake or arrange for, either diracly or indirectly through other contractors, the handling, removal, treatment, storage, transportation and disposal of hazardous substances ar constituents found of identified at any site MU_22N,D0C ce)

15-22 January 18, 2022 RESOLUTION WHEREAS, the West Orange Rent Leveling Board was created pursuant to Ordinance §15-3.1 (“Ordinance”); and WHEREAS, the Rent Leveling Board is authorized to hold hearings as a quasi-judicial body and adjudicate applications from tenants for reduced rental and landlords for increased rental rates; and WHEREAS, the Township seeks to retain counsel to assist the Rent Leveling Board with regard to certain pending applications and reviewing the existing Ordinance; and WHEREAS, the Township seeks to retain Alexander J. Graziano, Esq. of Graziano & Campi, LLC to provide these services; and WHEREAS, Alexander J. Graziano, Esq. has extensive experience with regard to representing similar boards and reviewing other rent control ordinances; and WHEREAS, Mr. Graziano has agreed to an hourly rate of $150 with fees not to exceed $2,500. NOW, THEREFORE, BE IT RESOLVED that the Township Council hereby authorizes the Township to retain Alexander J. Graziano, Esq. of Graziano & Campi LLC to review and analyze certain pending applications before the Rent Leveling Board and review of the existing rent leveling ordinance at the rate of $150 per hour up to a maximum expense of $2,500; and BE IT FURTHER RESOLVED, that the Business Administrator is hereby authorized to execute any retainer agreement to retain Mr. Graziano and the Township Clerk is hereby authorized to attest to the Business Administrator’s signature; and 1

RESOLVED that notice of this award shall be available in the Clerk’s office in accordance with applicable law. Karen J. Carnevale, R.M.C. Susan McCartney Municipal Clerk Council President Adopted: January 18, 2022 I hereby certify funds are available from: Account No. John O. Gross, CFO 2

EXHIBIT A