118-18 Attachment (1).pdf

ccuracies arising from the conversion of the Documents to another client-selected format, and releases PS&S and its subconsultants from any liability, costs, losses, or damages or expenses arising as the result of conversion errors or inaccuracies. G.Client waives any and all claims and liability against PS&S and its subconsultants resulting in any way from the use of the Documents transmitted pursuant to this Section 13, 14. OTHER TERMS This Agreement shall be construed in accordance with, and governed by, the laws of the Stale of New Jersey excluding any choice-oHaw principles, including those of the law of the state where the Project is located that would require the application of the laws of a jurisdiction other than New Jersey. Each parly to this Agreement for itself, its successors and in respect of its property, irtevocably consents and agrees that: i) any legal action or proceeding with respect to this Agreement will be brought in a state or federal court in the Stale of New Jersey, which shall be the exclusive jurisdiction for all legal matters and any appeals; and il) imevocably waives any objection that it may have now or later to the laying of venue of any of the aforesaid actions or proceedings in a location in the State of New Jersey. m mn Ifany term of this Agreement or its application to any person or circumstance shall be determined to be invalid or unenforceable, the remaining provisions of this Agreement and/or the application of terms or provisions other than those that are found to be invalid ar unenforceable, shall not be affected, and this Agreement shall be valid, binding, and enforceable to the fullest extent permitted by law, Effective Date: July 1, 2017

67A Mountain Blvd Ext Proposal/Contract No: 090170474 iaerea, Nd 07089 bate: 04/30/2018 SCHEDULE OF CHARGES & HOURLY RATES 1 CHARGES FOR SERVICES When PS&S is to be paid on the basis of time expended and expenses incurred on the Project, compensation shall be determined using the hourly rates. These rates are effective July 1, 2017, but may be modified thereafter by PS&S at six-month intervals lithe Client requests PS&S to provide other Services in addition to those described in the attached Proposal, PS&S requires a written additional service authorization amending this Agreement, before PS&S will proceed with that work. Billable Hourly Rate Title $197 Principal, SVP. VP, Principal LSRP $197 Sr. Director, Sr. Project (Manager, Engineer, Architect, Planner, Designer, Scientist, or LSRP) $195 Director, Project (Engineer, Architect, Planner, Designer, Scientist, or LSRP), Project Manager II $180 Sr. (Engineer, Architect, Planner, Designer, Scientist, Surveyor or LSRP), Project Manager | $160 Engineer lV, Architect IV, Planner IV, Designer VI, Scientist VI, LSRP $145 Engineer Ill, Architect Ill, Planner Ill, Designer V, Scientist V, Project Controls Ill $135 Surveyor I Inspector Ii $180 Engineer Il, Architect Il, Planner Il, Designer IV, Scientist IV $120 Engineer |, Architect |, Planner |, Designer II, Scientist Ill CAD Technician Ill, Project Controls I $110 Surveyor Il, Inspector It $105 Designer ll, Scientist Il, Cad Technician Il $100 Designer |, Scientist 1, Cad Technician | $ 90 Project Controls | $ 85 Surveyor, Inspector | $ 65 Technician | When survey field crew time is billed on a crew basis, the following rates apply (portal to portal): $225 2-person crew $295 -person crew 2. LICENSED SITE REMEDIATION PROFESSIONAL (LSRP) CONDITIONS When work performed by PS&° includes the services of an Licensed! Site Remediation Professional ("LRP"), the LSRP will use his or her professional judgment to make recommendations as to actions required based upon the LSRP's review of the applicable statutes, regulations and guidance documents. The Client acknowledges that the LSRP’s recommendations or issuance of any Response Action Outcome (‘RAO") shall not constitute: (i) any acceptance of liability on behalf of PS&S or any LSRP employed by PS&S; (i) any form of guarantee, inclemnity or insurance for any legal liability or obligation of the Client. Further, the

te: (i) any acceptance of liability on behalf of PS&S or any LSRP employed by PS&S; (i) any form of guarantee, inclemnity or insurance for any legal liability or obligation of the Client. Further, the Client acknowledges that when PS&S's services hereunder enlail the use of professional judgment, PS&S is nol providing any guarantee that any other professional reviewing PS&S's work hereunder will not offer different recommendations or reach different conclusions based on that prolessional's use of his or her judgment. The Client acknowledges that PS&S is not responsible to the Client or any third- party for costs resulting from a different recommendation or differant conclusion rencierad by another party, Under the Site Remediation Reform Act, N.J.S.A. 58:10C-1 et seq. (“SRRA"), the New Jersey Department of Environmental Protection (NJDEP) can audit and review an RAO and the Site Remediation Professional Board can review work performed by an LSRP. Further, an RAO can be invalidated if NJDEP cietermines that the RAO is not protective of human health and the environment. Neither PS&S nor the LSRP shall be held responsible for the invaliciation of the RAO, and any services which might be required clue to any such invalidation shall be considered an Additional Service, The State has established mandatory and regulatory time frames to complete certain remediation requirements. If these time frames are not met, fines and potential NJDEP diract oversight could be imposed upon the Client. To the extent provided for in the scope of work, PS&S will advise the Client of deadlines and actions necessary to fulfill the requirements of such time frames. The Client acknowledges that PS&S's provision of such advice will not and does not shift responsibility for compliance with such time frames to PS&S. Further, if the Client delays in approving and proceeding with the recommendations of PS&S's LSRP in meeting these time frames or the Client delays in payment of services rendered by PS&S, which results in a delay to the progress af the project, the Client agrees that PS&S will not be held responsible or liable for any fees, fines, of financial impacts incurred as a result of NUDEP’s direct oversight, fines, and fees. Furthermore, the Client acknowledges that in the context of supporting any conclusions or recommendations made to any third-party or governmental entity, PS&S

DEP’s direct oversight, fines, and fees. Furthermore, the Client acknowledges that in the context of supporting any conclusions or recommendations made to any third-party or governmental entity, PS&S may be required to release or otherwise publish: data trom tests performed on samples taken from the project location; physical “observations of the project location; or other technical information obtained by PS8S regarding the physical conditions of the project location, including but not limited to, submissions made by PS&S's LSRP in connection with a project. Client expressly acknowledges that under SRRA, if the LSRP identifies a condition at the Site that, in the professional judgment of the LSRP., is an Immediate Environmental Concern (“IEC”)(as defined in the SRRA), the LSRP is obligated to so advise the Client and to call the NJDEP’s telephone hotline to advise the NJDEP of such IEC PS&S Infrastructure Rates Effective Date: July 1, 2017

Client#: 349696 PAULUSOKOL ACORD. CERTIFICATE OF LIABILITY INSURANCE eee THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(Ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER GSNEACT Emma Coleman Conner Strong & Buckelew PHONE [ FAX (AIG, No, Ext): (AIC, No}: _ Twoillberty Placa EMA ss. ecoleman@connerstrong.com 50 S. 16th Street, Suite 3600 INSURER(S) AFFORDING COVERAGE NAIC # Philadelphia, PA 19102 _TINSURER & : Continental insurance Company 35289 WWSURED ; INSURER B : XL Spectaty nurance Company 37885 Paulus, Sokolowski & Sartor, LLC LINSURER C : Continental Insurance Company 35289 67B Mountain Boulevard Extension | INSURER D: Warren, NJ 07059 I [INSURER E: LINSURER F + COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, Mee TYPE OF INSURANCE aa POLICY NUMBER (AMDB) luMMDBN EY) | unas A |_X| CommERCIAL GENERAL LIABILITY 6018285755 05/31/2017 | 05/31/2018 cach occurRENcE $1,000,000 ] [x] | BRUMRES Cestcactie 100, ctams.mape | X] occur | BREESE Ccctirencay | $100,000 tI MED EXP (Any one persen) | $10,000 [| | persona saovinuury _|s1,000,000 GENL AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE _| $2,000,000 | PRO- |_| poucy |_| Sect Loc PRODUCTS - comP/OP AGG | $2,000,000 OTHER: s CC | Auromosite LIABILITY 6018285738 05/31/2017 05/31/2018 Gene NSEUMT | <4,000,000 X| any auro

ENERALAGGREGATE _| $2,000,000 | PRO- |_| poucy |_| Sect Loc PRODUCTS - comP/OP AGG | $2,000,000 OTHER: s CC | Auromosite LIABILITY 6018285738 05/31/2017 05/31/2018 Gene NSEUMT | <4,000,000 X| any auro BODILY INJURY (Per person) |S [| ausownen SCHEDULED BODILY INJURY (Per accident | S X X | NON-OWNED PROPERTY DAMAGE @ HIRED AUTOS AUTOS (Per accicent) s A (_x| umpretauias 1X | occur 6018285741 05/31/2017 05/31/2018 each occuRRENCE $10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 veo | _[perentions WORKERS COMPENSATION |PER [ ‘OTH- ‘AND EMPLOYERS’ LIABILITY YIN STATUTE _ CUTIVE} GSHGErMENBeR EXCLUDE “(| Ira EA. EACH ACSIDENT £ (Mandatory in NH) E.L, DISEASE - EA EMPLOYEE] § If yes, describe under GESGRIETION OF OPERATIONS boiow ELL DISEASE - POLICY LMT | $ B [Professional DPR9914450 05/31/2017 | 05/31/2018 $5,000,000 Pollution Liab. $5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) re:3 Emergency Generators Township of west orange is included as Additional Insured under the captioned Commercial General Liability policy if required by written contract. CERTIFICATE HOLDER. CANCELLATION ‘ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Township of West Orange THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 25 Lakeside Avenue ACCORDANCE WITH THE POLICY PROVISIONS, West Orange, NJ 07059 ‘AUTHORIZED REPRESENTATIVE be. Fabre Fin ftreo’ © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) 1 of 1 The ACORD name and logo are registered marks of ACORD #81890714/M1697994- P2R

aaa DATE (MNIDDIVYYY) ACORD CERTIFICATE OF LIABILITY INSURANCE —— 04/26/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements(s). PRODUCER Keystone Risk Partners LLC CONTACT NAME: 604 East Baltimore Pike PHONE (A/C, No, Ext): 888-473-6398 FAX (NC, No} MediaiP/s, 19068 E-MAIL ADDRESS: Risk@ExtensisGroup.com INSURERS AFFORDING COVERAGE NAICH INSURER A: Indemnity Insurance Company of North 43575 INSURED INSURER B: American Guarantee & Liability - Zurich 26247 Extensis IV, Inc. LICIF RSORERC: PAULUS SOKOLOWSKI & SARTOR LLC (PS&S, LLC) ~ 900 US HWY 9 North, Suite 203 INSURER D: Woodbridge, NJ 07095 NSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAME ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TNSR ‘ADD'L] SUBR POLICY EFF POLICY EXP UR TYPE OF INSURANCE insRo| wvo POLICY NUMBER camuopivyyyy_|_wmwooivyvy) Lis, ‘GENERAL LIABILITY Not Applicable EACH OCCURRENCE 8 I] [DAMAGE TO RENTED: | _|COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) | § cams woe [ _Joocur EDEXP anyenopenen) | § PERSONAL & ADV INJURY $ | GENERAL AGGREGATE $ GENL AGGREGATE LIMIT APPLIES PER PRODUCTS.comPioP AGG | § | Jroucy | ]ERo" Loc $ MEINED SINGLE LIMIT | AUTOMOBILE LIABILITY Not Applicable ee ecagen $ ANY AUTO BODILY INJURY (Perperson) | § A OMe LHe BODILY INJURY (Per accident)| § ; NON-OWNED

omPioP AGG | § | Jroucy | ]ERo" Loc $ MEINED SINGLE LIMIT | AUTOMOBILE LIABILITY Not Applicable ee ecagen $ ANY AUTO BODILY INJURY (Perperson) | § A OMe LHe BODILY INJURY (Per accident)| § ; NON-OWNED PROPERTY DAMAGE HIRED AUTOS aoe (Per accident) S x ] UMBRELLA LiaB] x JoccuR UMB 5499247-04 09/30/2017 | 09/30/2018 | FACH OCCURRENCE $ 10,000,000.00 B EXCESS LIAB CLAIMS MADE AGGREGATE $ 10,000,000.00 x [oeo | x [RETENTION $10,000 § WORKERS COMPENSATION x | MOSTATE, | OTR} AND EMPLOYERS’ LIABILITTY 64762679 09/30/2017 | 09/30/2018 TORY LIMITS ER A. |ANY PROPRIETORIPARTNERIEXECUTIVE EL. EACH ACCIDENT $1,000,000. OFFICERIMEMBER EXCLUDED? YIN | N/A {Mandatory NH) EL.DISEASE-FAEMPLOYEE | $§ — _1,000,000.00 I'yes, describe under DESCRIPTION OF OPERATIONS belo EL.OISEASE-POLICYLImiT | $ — 1,000,000.00 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks, Schedule, if more space Is required) i! 3 Emergency Power Generators CERTIFICATE HOLDER CANCELLATION 8001 ‘SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE. . THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Township of West Orange ACCORDANCE WITH THE POLICY PROVISIONS. 66 Main Street AUTHORIZED REPRESENTATIVE West Orange NJ, 07052 say Poi ee < Gl Y D © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD