53-22 Award of Professional Services 2020 CDBG for Mitchell Street.pdf

SCE-P12841.011 March 7, 2022 to long-term compatibility, usability or readability of documenis resulting from the use of software application packages, operating systems or computer hardware differing from those in use by SCE at the beginning of this assignment. Consiruction Phase Services If this Agreement provides for any construction phase services by SCE, it is understood that the Contractor, not SCE, is responsible for the construction of the project, and that SCE is not responsible for the acts or omissions of any contractor, subcontractor or material supplier; for safety precautions, programs or enforcement; or for construction means, methods, techniques, sequences and procedures employed by the Contractor, It is the Owner's responsibility to advise their contractor of these terms. Opinions of Cost When included in SCE's Scope of Services, opinions or estimates of probable construction cost are prepared on the basis of SCE's experience and qualifications and represent SCE's Judgment as a professional generally familiar with the industry. However, since SCE has no control over the cost of labor, materials, equipment or services furnished by others, over contractor's methods of determining prices, or over competitive bidding or market conditions, SCE cannot and does not guarantee that proposals, bids or actual construction cost will not vary from SCE's opinions or estimates of probable construction cost. Professional Responsibility SCE represenis that the services shall be performed, within the limits prescribed by Client, in a manner consistent with the level of care and skill ordinarily exercised by other professional consultants under similar circumstances. No other representation to Client, expressed or implied, and no warranty or guarantee is included or intended in this Agreement, or in any report, opinion, document or otherwise. For any damage caused by professional negligence including errors, omissions or other professional acts, including unintentional breach of contract by SCE, its employees, agents or subcontractors, SCE’s liability and that of its employees, agents and subcontractors is limited to SCE's total compensation paid under the contract. In no event shall either Client or SCE be liable for consequential damages, including. without limitation, loss of use or loss of profits, incurred by one another or their subsidiaries or

he contract. In no event shall either Client or SCE be liable for consequential damages, including. without limitation, loss of use or loss of profits, incurred by one another or their subsidiaries or successors, regardless of whether such damages are caused by breach of contract, willful misconduct, negligent act or omission, or other wrongful act of either of them. Right of Entry Client grants to SCE, and, if a project site is not owned by Client, warrants that permission has been granted for a right of entry from time to time by SCE, its employees, agents and subcontractors upon the project site for the purpose of providing the Services. Client recognizes that the use of investigative equipment and practices may unavoidably alter existing site conditions and affect the environment in the area being studied. Statute of Limitations The parties agree that any action relating to an alleged breach of the Agreement shall be commenced within one year of the date of the breach, without regard to the date the breach is discovered. Any action not brought within that one-year time period shall be barred, without regard to any other limitations period set forth by law or statute.

SCE-P12841.011 March 7, 2022 Billing Schedule Invoices will be provided monthly based on the Fee Proposal referenced above. For Estimated Fee billing, invoices will reflect employee time charges including comments for services performed. Additionally, all expenses will be included as a separate line item for Estimated Fee projects. For Lump Sum billing, invoices will reflect a percent complete and will not including employee time or expense details. Payment for professional services shall be invoiced monthly as a proportion of the total work completed or upon completion of the work product. Payment is due within fifteen (15) days from receipt of invoice. A 1-1/2 percent per month late charge will be applied for all past due invoices. Amounts not paid when due may be referred for collection and mechanic's lien rights may be exercised, with all costs, including reasonable attorney fees, charged to client. Both parties understand that work will be stopped if account is not current; deliverables will not be furnished if account is past due. If this proposal meets with your approval, please sign below and return one (1) copy to my office. Alternatively, if a purchase order is to be issued, please reference the SCE proposal number (SCE-P12841.011) and date in order to properly document authorization. We shall consider an appropriately executed copy of this letter or purchase order as our formal contract and authorization to proceed. Please note that the fees stated in this proposal are valid for thirty (30) days from the date of this correspondence. If-you have any questions regarding this proposal, please do not hesitate to contact me. Very truly yours, SUBURBAN CONSULTING ENGINEERS, INC. we LAYER Daren J. Phil PE, PP, CME, Vice President/ Director of Engineering Accepted this Day of 20. By: (Printed Name & Title) Enclosures Evidence of Insurance

SUBURBAN CONSULTING ENGINEERS, INC. March 7, 2022 Township of West Orange Department of Public Works 25 Lakeside Avenue West Orange, New Jersey 07052 Atin.: Leonard R, Lepore | Director of Public Works, Municipal Engineer Re: — Township of West Orange, County of Morris, State of New Jersey | Professional Civil Engineering & Land Surveying Services | Request for Proposals Mitchell Street | Construction Inspection Our File No.: Proposal SCE-P12841.021 Dear Mr. Lepore: SUBURBAN CONSULTING ENGINEERS, INC. (SCE) is pleased to provide the following proposal to the Township of West Orange (Township): for construction inspection and certificates of completion for the following Community Development Block Grant (CDBG) projects for 2020. * Mitchell Street — from Valley Road to the limit with the City of Orange Our scope of services for this work is further delineated below. Scope of Services SCE is prepared to provide the services outlined below, if authorized by the Township. * Pre-Construction kickoff meeting coordination. * Prepare pre-construction meeting agenda and chair meeting. Minutes will be prepared Review shop drawings. Address request for information (RFI's). Provide on-site construction observation during all critical phases of the work. Advise Township on project progress. Review all Contractor payment requests and make recommendations to Township for payment. «Provide for punch-list of the work inspected. "Final closeout of project. «Make recommendations to Township for acceptance of the work and certification of completion. 96 U.S. Highway 206, Suite 101, Flanders, New Jersey 07836 | P: (973) 398-1776 | www.suburbanconsulting.com |

SCE-P12841.021 March 7, 2022 Fee Structure SCE will utilize the following fee structure for all tasks where fee is estimated and for any additional work authorized by client or for client-initiated revisions. It should be noted that our fee is based on the specific tasks as explained in the above sections of this proposal. Additional services and items may be determined to be required during the course of the project that have not been included in this cost proposal. Revisions to address any review agency comments that develop during the review process are typically required to obtain approvals. SCE is not able to predict the course of action necessary to address such comments at this time. All costs associated with addressing the review agency comments will be invoiced in accordance with the fee structure on a time and material basis. Principal/Project Officer $140/hour Senior Project Manager $158/hour Project Manager $155/hour Senior Project Licensed Professional $150/hour Project Licensed Professional $145/hour Licensed Professional $135/hour Senior Project Coordinator $150/hour Project Coordinator $145/hour Senior Designer/Senior Survey Analyst $125/hour Designer/Survey Analyst $120/hour Senior Environmental Scientist $125/hour Environmental Scientist $120/hour Senior Project GIS Analyst $140/hour Project GIS Analyst $130/hour GIS Analyst $125/hour Senior GIS Technician $115/hour GIS Technician $105/hour Senior GIS Project Coordinator $130/hour GIS Project Coordinator $125/hour Senior Inspector $115/hour Inspector $105/hour Senior Technician $110/hour Technician $100/hour Project Administrator $115/hour Administrative Support $60/hour Equipment Unit Cost o Unmanned Aerial Systems / Remotely Operated Vehicle $150/hour o Robotic/LIDAR $50/hour o GPS $25/hour LSRP (Licensed Site Remediation Professional) Services Unit Cost

SCE-P12841,021 March 7, 2022 o For any environmental services requiring LSRP oversight and certification, a $25/hour unit cost will be included in addition to the hourly rate for roles above. * Any actual disbursements and expenses which we incur on your behalf, such as subconsultant fees, application/permit fees, delivery charges, parking, printing and toll charges will be billed at actual cost-plus 15 percent. * Mileage will be billed in accordance with federal prevailing wage. Standard Contract Terms & Conditions In accordance with the above information, Client agrees to the following: Termination of Contract Client may terminate this Agreement with seven days prior written notice to Suburban Consulting Engineers, Inc. (SCE) for convenience or cause. SCE may terminate this Agreement for cause with seven days prior written notice to Client. Failure of Client to make payments when due shall be cause for suspension of services or, ultimately, termination, unless and until SCE has been paid in full all amounts due for services, expenses and other related charges. Hazardous Environmental Conditions It is acknowledged by both parties that SCE's Scope of Services does not include any services related to the remediation at the site of asbestos, PCBs, petroleum, hazardous waste or radioactive materials. Client acknowledges that SCE is performing professional services for Client and SCE is not and shall not be required to become an “arranger’, “operator’, "generator" or "transporter" of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1990 (CERCLA). Ownership of Documents All documents prepared or furnished by SCE pursuant to this Agreement are instruments of SCE's professional service, and SCE shall retain an ownership and property interest therein. SCE grants Client a license to use instruments of SCE's professional service for the purpose of constructing, occupying and maintaining the Project. Reuse or modification of any such documents by Client, without SCE's written permission, shall be at Client's sole risk, and Client agrees to indemnify and hold SCE harmless from all claims, damages and expenses, including attorneys’ fees, arising out of such reuse by Client or by others acting through Client. Indemnification To the fullest extent permitted by law, Client and SCE each agree to

and expenses, including attorneys’ fees, arising out of such reuse by Client or by others acting through Client. Indemnification To the fullest extent permitted by law, Client and SCE each agree to indemnify the other party and the other party's officers, directors, partners, employees and representatives, from and against losses, damages and judgments arising from claims by third parties, including reasonable attorneys’ fees and expenses recoverable under applicable law, but only fo the extent they are found to be caused by a negligent act, error or omission of the indemnifying party or any of the indemnifying party's officers,

SCE-P12841.021 March 7, 2022 directors, members, pariners, agents, employees or sub-consultants in the performance of services under this Agreement. If claims, losses, damages and judgments are found to be caused by the joint or concurrent negligence of Client and SCE, they shall be borne by each party in proportion to its negligence. Force Majeure Neither party shall be deemed in default of this agreement to the extent that any delay or failure in the performance of its obligations results from any cause beyond its reasonable control and without its negligence. Dispute Resolution Client and SCE agree that they shall first submit any and all unsettled claims, counterclaims, disputes and other matters in question between them arising out of or relating to the agreement to mediation in accordance with the Construction Industry Mediation Rules of the American Arbitration Association, effective as of the date of this agreement. Use of Electronic Media Documenis that may be relied upon by Client are limited to those that are signed or sealed by SCE. Unsigned files in electronic media format or text, data, graphic or other types that are furnished by SCE to Client are only for convenience of Client. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. When transferring documents in electronic media format, SCE makes no representations as to long-term compatibility, usability or readability of documents resulting from the use of software application packages, operating systems or computer hardware differing from those in use by SCE at the beginning of this assignment. Consiruction Phase Services If this Agreement provides for any construction phase services by SCE, it is understood that the Contractor, not SCE, is responsible for the construction of the project, and that SCE is not responsible for the acts or omissions of any contractor, subcontractor or material supplier; for safety precautions, programs or enforcement: or for construction means, methods, techniques, sequences and procedures employed by the Coniractor. Itis the Owner's responsibility to advise their contractor of these terms. Opinions of Cost When Included in SCE's Scope of Services, opinions or estimates of probable construction cost are prepared on the basis of SCE’s experience and qualifications and represent SCE's judgment as

of Cost When Included in SCE's Scope of Services, opinions or estimates of probable construction cost are prepared on the basis of SCE’s experience and qualifications and represent SCE's judgment as a professional generally familiar with the industry. However, since SCE has no control over the cost of labor, materials, equipment or services furnished by others, over contractor's methods of determining prices, or over competitive bidding or market conditions, SCE cannot and does not guarantee that proposals, bids or actual construction cost will not vary from SCE's opinions or estimates of probable construction cost.

SCE-P12841.021 March 7, 2022 Professional Responsibility SCE represents that the services shall be performed, within the limits prescribed by Client, in a manner consistent with the level of care and skill ordinarily exercised by other professional consultants under similar circumstances. No other representation to Client, expressed or implied, and no warranty or guarantee is included or intended in this Agreement, or in any report, opinion, document or otherwise. For any damage caused by professional negligence including errors, omissions or other professional acts, including unintentional breach of contract by SCE, its employees, agents or subcontractors, SCE's liability and that of its employees, agents and subcontractors is limited to SCE's total compensation paid under the contract. In no event shall either Client or SCE be liable for consequential damages, including, without limitation, loss of use or loss of profits, incurred by one another or their subsidiaries or successors, regardless of whether such damages are caused by breach of contract, willful misconduct, negligent act or omission, or other wrongful act of either of them. Right of Entry Client grants to SCE, and, if a project site is not owned by Client, warrants that permission has been granted for a right of entry from time to time by SCE, its employees, agents and subcontractors upon the project site for the purpose of providing the Services. Client recognizes that the use of investigative equipment and practices may unavoidably alter existing site conditions and affect the environment in the area being studied. Statute of Limitations The parties agree that any action relating to an alleged breach of the Agreement shall be commenced within one year of the date of the breach, without regard to the date the breach is discovered. Any action not brought within that one-year time period shall be barred, without regard to any other limitations period set forth by law or statute. Billing Schedule Invoices will be provided monthly based on the Fee Proposal referenced above. For Estimated Fee billing, invoices will reflect employee time charges including comments for services performed. Additionally, all expenses will be included as a separate line item for Estimated Fee projects. For Lump Sum billing, invoices will reflect a percent complete and will not including employee time or expense