102-18 Exhibit-Retention of Matrix to Prepare Supplemental HDSRF Grant Application.pdf

Exhibit “A”

Matrix New World Engineering, Land Surveying and Landscape Architecture, P.C. 26 Columbia Turnpike Florham Park, NJ 07932 973.240.1800 Fax 973.240.1818 www.matrixneworld.com WBE/DBE/SBE Via Email (JSayers@westorange.org) March 23, 2018 Township of West Orange 66 Main Street West Orange, New Jersey 07052 Attn: John K. Sayers, Business Administrator RE: HDSRF GRANT APPLICATION – SUPPLMENTAL FUNDING REQUEST TOWNSHIP OF WEST ORANGE, ESSEX COUNTY, NEW JERSEY SELECTO FLASH INCORPORATED (FORMER) 18 CENTRAL AVENUE BLOCK 9, LOT 36 SRP PI NO. 027054 4 TOMPKINS STREET BLOCK 7, LOT 22 SRP PI NO. 757936 MATRIX NO. 17-296 Dear Mr. Sayers: As requested, Matrix New World Engineering, Land Surveying and Landscape Architecture, P.C. (Matrix) is pleased to submit this proposal for environmental services for the preparation of a supplemental grant application for the Selecto Flash property located at 18 Central Avenue and 4 Tompkins Street, West Orange, New Jersey (Block 9; Lot 36 & Block 7; Lot 22) under the New Jersey Economic Development Authority (NJEDA) and New Jersey Department of Environmental Protection (NJDEP) Hazardous Discharge Site Remediation Fund (HDSRF) grant program. In addition, this proposal includes the cost to complete additional concrete sampling for the preparation of a Beneficial Use Determination (BUD) application for the reuse of building demolition material on site as part of the site redevelopment, as well as delineation concrete sampling in three areas of the site. On behalf of the Township of West Orange, Matrix has completed the following four submissions listed below for the following two NJDEP Cases (Selecto Flash – 18 Central Avenue – SRP PI No. 027054 and 4 Tompkins Street – SRP PI No.

est Orange, Matrix has completed the following four submissions listed below for the following two NJDEP Cases (Selecto Flash – 18 Central Avenue – SRP PI No. 027054 and 4 Tompkins Street – SRP PI No. 757936): 1. Selecto Flash Preliminary Assessment Report (PAR) – submitted to the NJDEP on February 23, 2018 2. Selecto Flash Site Investigation Report (SIR) – submitted to the NJDEP on March 2, 2018 3. 4 Tompkins Street PAR – submitted to the NJDEP on March 6, 2018 4. 4 Tompkins Street SIR – submitted to the NJDEP on March 6, 2018 The PAR identified a total of twenty (22) Areas of Concern (AOCs). No further investigation was proposed for eight AOCs. Further investigation was proposed for the following fourteen (14) AOCs:  AOC-1A: 10,000-Gallon, No. 4 Heating Oil UST  AOC-1B: 1,000-Gallon, No. 4 Heating Oil UST (4 Tompkins St)  AOC-2A: French Drain  AOC-2B: Floor Drain in Wash/Rinse Room F:\2017\17-296 Selecto Flash PA_SI\Proposal\HDSRF - March 2018\Twp. of West Orange - HDSRF Supplemental Application.doc

 AOC-3: Storm Sewer Collection System  AOC-4: Drum Storage Pad  AOC-6: Compactor  AOC-7A: Loading Dock at North End of Building  AOC-8: Historic Fill  AOC-9: Boiler Room  AOC-10C: Paint and Solvent Storage Building  AOC-11: Stained Area on Drum Storage Pad  AOC 13: Regional Groundwater Contamination  AOC-14: Pad-Mounted Transformer During the SI, two additional AOCs were added for a total of 24 AOCs associated with the Site:  AOC 16: On-Site Groundwater (NJDEP Case No. 95-10-18-1521-31)  AOC-17: Vapor Intrusion Based on the SI activities from April 2017 through May 2017 and as discussed in Matrix’s SIR, further investigation is recommended for the following AOCs:  AOC-1A: 10,000-Gallon, No. 4 Heating Oil UST  AOC-1B: 1,000-Gallon, No. 4 Heating Oil UST (4 Tompkins Street)  AOC-2A: French Drain  AOC-2B: Floor Drain in Wash/Rinse Room  AOC-3: Storm Sewer Collection System  AOC-4: Drum Storage Pad  AOC-8: Historic Fill SCOPE OF SERVICES The scope of services and associated fee is described in detail below: ITEM 1: SUPPLEMENTAL HAZARDOUS DISCHARGE SITE REMEDIATION FUND (HDSRF) GRANT APPLICATION (BLOCK 9; LOT 36 & BLOCK 7; LOT 22) We will prepare one (1) supplemental HDSRF grant application for the Selecto Flash property located at 18 Central Avenue and 4 Tompkins Street (Block 9; Lot 36 & Block 7; Lot 22), West Orange, New Jersey to the NJDEP and NJEDA under the HDSRF Program for the preparation of a Remedial Investigation Workplan, completion of a soil and groundwater remedial investigation and the implementation of the two underground storage tank (UST) closures and associated remediation. As discussed, Matrix will also include costs to recover demolition of the building. This item includes the review of existing environmental documents, preparation of required grant application forms, preparation of a concrete sampling scope of work and associated cost estimate, coordination with the Client and Project Team members for environmental and other technical

ired grant application forms, preparation of a concrete sampling scope of work and associated cost estimate, coordination with the Client and Project Team members for environmental and other technical information to list on and attach to the grant application, and submission of the grant application to NJDEP. The HDSRF application for supplemental funding includes the following: 1. Sections A through E of Part I of the HDSRF application 2. Scope of work and cost estimate 3. Part II – General Certification of the HDSRF application 4. Part III – Subrogation of Rights of the HDSRF application; and 5. Part VI – Municipal Questionnaire of the HDSRF application FIXED FEE: $4,500.00 F:\2017\17-296 Selecto Flash PA_SI\Proposal\HDSRF - March 2018\Twp. of West Orange - HDSRF Supplemental Application.doc 2

CLOSING Any item listed above which is not ordered will not be billed. Separate authorization from the client will be requested prior to commencing services outside the scope of this proposal. All out-of-pocket expenses including, but not limited to, application fees, laboratory testing costs, mylar copies, certified mailings, photographs, blueprints, and special deliveries are considered additional to the proposal items unless specifically noted within the scope of this proposal. The terms and conditions of this proposal are subject to the attached Matrix Terms and Conditions for Professional Services. This proposal is submitted solely and exclusively for the use of Township of West Orange for consideration of the professional services of Matrix. Disclosure of this proposal’s content to any third party without prior written authorization from Matrix is expressly prohibited. In addition to the specific items as listed herein, the client may be required to demonstrate compliance with certain permit and approval conditions as may be imposed by one or more of the regulatory agencies. These conditions may require revisions to the plans and/or preparation of additional supporting documentation. This proposal does not include these additional items unless specifically outlined within the scope of this proposal. PAYMENT SCHEDULE Payment shall be in accordance with the Charges, Billing, and Payment schedule outlined in the Terms and Conditions attached to this proposal unless prior written arrangements have been made with Matrix. Please indicate your acceptance of this proposal by signing in the space provided below and returning one copy to this office. Acceptance of this proposal signifies the clients’ understanding that Matrix will not be retained or asked to perform any services unless funding is secured and is available to pay all invoices within 30 days. Receipt of the signed proposal shall be considered authorization to proceed with all items described within this agreement. Any items not intended to be authorized shall be clearly and specifically noted as such within the client's signed and returned proposal. We thank you for the opportunity to be of service to you on this project. Matrix is prepared to implement the described Scope of Work upon receiving a signed copy of this letter. If you have any questions or require any additional information, do

ice to you on this project. Matrix is prepared to implement the described Scope of Work upon receiving a signed copy of this letter. If you have any questions or require any additional information, do not hesitate to contact us at (973) 240-1800. Sincerely, Rose V. DeLorenzo, CHMM, LSRP Robert Meisner, P.E., LSRP Senior Project Manager Director, LSRP Services Authorization to Proceed: Date: Name/Title Copy to: Richard Trenk, Esq., Trenk, DiPasquale, Della Fare & Sodono, P.C. Mark Moon, Esq., Trenk, DiPasquale, Della Fare & Sodono, P.C. Mr. Leonard Lepore, Municipal Engineer, Township of West Orange F:\2017\17-296 Selecto Flash PA_SI\Proposal\HDSRF - March 2018\Twp. of West Orange - HDSRF Supplemental Application.doc 3

MATRIXNEWORLD Engineering Progress ATTACHMENT 1 TERMS AND CONDITIONS

Matrix New World Engineering, Land Surveying and Landscape Architecture, PC TERMS AND CONDITIONS FOR PROFESSIONAL SERVICES Section 1: SERVICES Matrix New World Engineering, Land Surveying and Landscape Architecture, PC (Matrix) agrees to perform the professional services (the “Services”) as described in the Proposal incorporated herein by reference for the CLIENT on a best efforts, time and materials basis under the terms and conditions set forth below. Matrix reserves the right to amend the contents of the Proposal, if written authorization is not received within 90 days. These Terms and Conditions together with the Proposal constitute the agreement between Matrix and the CLIENT for the Services (the “Agreement”). Section 2: COMPENSATION The CLIENT shall be responsible for all costs specifically enumerated in the proposal. For any costs set forth in the proposal as a range, Matrix shall provide CLIENT with an exact cost as soon as it can be estimated. CLIENT shall also be responsible for any REIMBURSABLE COSTS not specifically set forth in the proposal. REIMBURSABLE COSTS include: out-of- pocket expenses, the cost of which shall be charged at actual cost and shall be itemized and included in the invoice. Typical out-of-pocket expenses shall include, but not be limited to, travel expenses (lodging, meals, etc.), job-related mileage at the prevailing IRS mileage rate, long distance telephone calls, printing and reproduction costs, and survey supplies and materials. Section 3: CLIENT'S OBLIGATIONS To assist Matrix in performance of the Services, CLIENT shall provide Matrix with appropriate material, data and information in its possession pertaining to the specific project or activity. The CLIENT will advise Matrix of the nature and extent of the hazardous waste at the site. If Matrix discovers after it undertakes the Services that the site is of a different nature of hazard as defined by the client, or if unanticipated hazards are presented, the CLIENT and Matrix agree that the scope of services, schedule and estimated budget fee shall be adjusted as needed to complete the work without injury or damage. Section 4: INVOICE PROCEDURE AND PAYMENT Matrix will submit invoices to the CLIENT monthly and a final bill upon completion of the Services. Payment is due thirty (30) days from

y or damage. Section 4: INVOICE PROCEDURE AND PAYMENT Matrix will submit invoices to the CLIENT monthly and a final bill upon completion of the Services. Payment is due thirty (30) days from invoice date. CLIENT agrees to pay a finance charge of one and one-half percent (1.5%) per month, or the maximum rate allowed by law on past due accounts. CLIENT will be liable for all court costs, disbursements, and attorney's fees incurred in the collection of any outstanding invoices. Section 5: OWNERSHIP OF DOCUMENTS All survey notes, drawings, bills of materials, specifications, blueprints, reports, calculations and all other material prepared in connection with the specific project shall be property of the CLIENT and shall be transferred to the CLIENT upon completion of the project and upon receipt of complete payment for the scope of work outlined in the proposal. Matrix may retain a single copy of such information and documents. Section 6: CONFIDENTIALITY Matrix agrees to keep confidential and not to disclose to any person or entity, other than Matrix's employees and subcontractors, without the prior consent of the CLIENT, all data and information not previously known to and generated by Matrix, or furnished to Matrix and marked CONFIDENTIAL by the CLIENT in the course of Matrix's performance hereunder; provided, however, that this provision shall not apply to data which are in the public domain, or were previously known to Matrix, or were acquired by Matrix independently from third parties not under obligation to CLIENT to keep said data and information confidential. CLIENT shall not restrict Matrix from complying with an order to provide information or data when such order is issued by a court, administrative agency or other authority with proper jurisdiction. The technical and pricing information contained in any proposal submitted by Matrix as to this project, or in the Agreement or any addendum thereto, is to be considered confidential and proprietary, and shall not be released or otherwise made available to any third party without express written consent of Matrix. Section 7: BURIED UTILITIES Matrix will conduct the research that in our professional opinion is necessary to locate utility lines and other man-made objects that may exist beneath the sites surface. The CLIENT recognizes that Matrix's research may not identify