141-18 Exhibit- Additional Expenditure for Testing at Degnan Park and Lafayette Park.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 (LLepore@westorange.org) May 21, 2018 Leonard R. Lepore, P.E., Municipal Engineer Township of West Orange - Director of Public Works 25 Lakeside Avenue West Orange. NJ 07052 Re: PROPOSAL FOR ENVIRONMENTAL SERVICES ADDITIONAL LABORATORY ANALYSES TOWNSHIP OF WEST ORANGE MULTI PARK DEVELOPMENT LAFAYETTE PARK BLOCK 61, LOT 27 PARK AVENUE AND MAIN STREET WEST ORANGE, NEW JERSEY NJDEP’s PROJECT NO. 0722-17-035 MATRIX NO. P17-707 Dear Mr. Lepore: As requested, Matrix New World Engineering, Land Surveying and Landscape Architecture, P.C. (Matrix) is pleased to provide this proposal for the additional laboratory analyses for the above-referenced Site. Based on a review of the data, there are several detections of metals in soil above the New Jersey Department of Environmental Protection (NJDEP’s) default impact to groundwater soil remediation standards. Some of these metals including aluminum, manganese and silver are considered secondary metals, are not of concern, and do not require further sampling or analysis. However, there are several metals, specifically beryllium, lead, and mercury, that require further laboratory analysis to calculate a site-specific impact to groundwater soil remediation standard (SS-IGWSRS). If a SS-IGWSRS is successfully calculated, then no further investigation, remediation or NJDEP reporting is required. Therefore, to calculate a SS-IGWSRS, the following samples will be additionally

. If a SS-IGWSRS is successfully calculated, then no further investigation, remediation or NJDEP reporting is required. Therefore, to calculate a SS-IGWSRS, the following samples will be additionally analyzed on an expedited three-day turnaround for specific metals noted below utilizing the Synthetic Precipitation Leaching Procedure (SPLP). 6(1)/1.5-2.0 JC64495-4 (SPLP beryllium, SPLP lead and SPLP mercury) 6(2)/4.5-5.0 JC64495-1 (SPLP beryllium, SPLP lead and SPLP mercury) 6(3)/3.0-3.5 JC64495-2 (SPLP beryllium, SPLP lead and SPLP mercury) 6(4)/3.0-3.5 JC64495-3 (SPLP beryllium, SPLP lead and SPLP mercury) Total Costs Not to Exceed ....................................................................................................................$690.00 ASSUMPTIONS AND EXCLUSIONS This proposal is based on the following assumptions:  Samples will be analyzed on a three-business day turn around;  The calculation for the SS-IGWSRS will be determined utilizing NJDEP’s SPLP Spreadsheet (V3.1); and  All external costs will be charged at cost plus 15%. F:\2017\17-707 Twp. of West Orange Preliminary Assessments - Green Acres\Proposal\2018-02-02_Lafayette-SI\Additional Analyses - May 2018\Additional Analyses - Lafayette Park.DOC 1

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 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 not

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 F:\2017\17-707 Twp. of West Orange Preliminary Assessments - Green Acres\Proposal\2018-02-02_Lafayette-SI\Additional Analyses - May 2018\Additional Analyses - Lafayette Park.DOC 2

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

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 all subsurface utility lines and man-made objects. Matrix will take reasonable precautions to avoid damage or injury to any subsurface utilities or structures. The CLIENT agrees to hold Matrix harmless and the CLIENT agrees to pay for damages to underground utilities or structures which are not called to Matrix's attention or correctly shown on plans furnished by the CLIENT or third parties. Section 8: DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS Hazardous materials or certain types of hazardous materials may exist at a site where there is no reason to believe they could or should be present. Matrix and the CLIENT agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work and compensation for the Services or termination of the Agreement. Matrix agrees to notify the CLIENT as soon as practically possible should unanticipated hazardous materials or suspected hazardous materials be encountered. The CLIENT encourages Matrix to take measures that in Matrix's professional opinion are justified or legally required to preserve and protect the health and safety of Matrix's personnel and the public, and/or the environment, and the CLIENT agrees to compensate Matrix for the additional cost of such work. In addition, the CLIENT waives any claim against Matrix, and agrees to indemnify, defend and hold Matrix harmless from any claim or liability for injury or loss arising from Matrix's encountering of unanticipated hazardous materials or suspected hazardous materials. The CLIENT also agrees to compensate Matrix for time spent and expenses incurred by Matrix in defense of any such claim, with such compensation to be based upon Matrix's prevailing fee schedule and expense reimbursement policy. 1

Section 9: STANDARD OF CARE The Services provided by Matrix under the Agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. No other representation, express or implied, and no warranty or guarantee, in fact or by law, whether of merchantability or fitness for a particular purpose or otherwise, is included or intended in the Agreement, or in any report, opinion, document or otherwise. The CLIENT recognizes that subsurface conditions may vary from those encountered at the location where, and at the time when, borings, sampling, or testing are performed by Matrix and that the data provided by Matrix are based solely on the information available to Matrix. The CLIENT agrees to indemnify and hold Matrix harmless from and against all claims, damages, losses and expenses arising from the interpretation by others of data provided by Matrix. Section 10: INDEPENDENT CONTRACTOR Matrix shall be an independent contractor in performing the Services and shall not act as an agent or employee of the CLIENT. As such, and subject to the terms and conditions hereof, Matrix shall be responsible for its employees, subcontractors, and agents and for their compensation, benefits, contributions, and taxes, if any. Section 11: JOBSITE HEALTH AND SAFETY Insofar as jobsite safety is concerned, Matrix is responsible solely for its own employees' and subcontractor's activities on the jobsite, but this shall not be construed to relieve the CLIENT or his contractors from their responsibility for methods of work performance, superintendence, sequencing of construction, or safety in, on or about the jobsite. Section 12: INSURANCE Matrix is protected by: 1) Worker's Compensation Insurance as required by applicable law, 2) General Liability and Automobile Liability Insurance (in the amount of $1,000,000 combined single limit) for bodily injury and property damage, and 3) Professional Liability (Errors & Omissions) with policy limits equal to at least $1,000,000. Matrix shall provide insurance certificates illustrating the coverage herein defined to the Board prior to commencing work at the site. Within the limits of said insurance, Matrix agrees to save the CLIENT harmless from and against loss, damage, injury or