85-22 Attachement-1 Lakeside Ave.pdf

Matrix New World Engineering, Land Surveying and Landscape Architecture, P.C. 26 Columbla Turnpike Florham Park NJ 07932 973.240,1800 Fax 973.240.1818 www.mnwe.com — wae MATRIXNEWORLD March 22, 2022 Engineering Progress Township of West Orange 66 Main Street West Orange, New Jersey 07052 Attention: John Gross Re: Proposal for ASTM Phase | Environmental Site Assessment Twin Towing Auto & Truck Repair 1 Lakeside Avenue Block 115 Lot 16.01 and 51 and Block 1302 Lot 1 Small Portion of Block 1302 Lot 1 is in City of Orange West Orange, New Jersey 07052 Matrix Proposal No. 22-0367 Dear Mr. Gross: At your request, Matrix New World Engineering, Land Surveying and Landscape Architecture, P.C. (Matrix) is pleased to provide the Township of West Orange (Client) this proposal for the performance of a Phase | Environmental Site Assessment (Phase | ESA) in accordance with the ASTM International E1527-13 Standard Practice for Environmental Site Assessments: Phase | Environmental Site Assessment Process (ASTM E1527-13) for the above-referenced property (Site). SITE BACKGROUND Matrix understands that the Twin Towing Property is being acquired by the Township of West Orange for future redevelopment in the Town's downtown corridor. This Site is approximately 0.6124 acres and consists of one square two-story structure and an asphalt paved parking lot. Please note that Block 115 Lot 51 is owned by the Township of West Orange and is currently being leased by Twin Towing. Based on New Jersey Department of Environmental Protection (NJDEP) Geoweb, mapped historic fill is present throughout the Site. Matrix further understands that this Phase | ESA is being performed in anticipation of a business transaction involving the Site property PROPOSED SCOPE OF SERVICES The purpose of the Phase | ESA is to identify Recognized Environmental Conditions (RECs) at the Site, as defined by the ASTM E1527-13 standard, which is expected to meet the requirements of the “All Appropriate Inquiry” (AAI) Final Rule (40 CFR §312). This proposal does not include costs to conduct sampling. The scope of services for this proposed Phase | ESA includes the following tasks: « Perform a Site and vicinity reconnaissance (limitations due to snow cover, pools of water, cover vegetation, storage, or debris, etc. will be noted in the report); « Provide a description of current Site operations; *

vicinity reconnaissance (limitations due to snow cover, pools of water, cover vegetation, storage, or debris, etc. will be noted in the report); « Provide a description of current Site operations; * Conduct a historical source review and provide a description of historical Site conditions; F:\2022122-0367 1 Lakeside Avenue - Twin Towing\Proposal\Phase | ESA_ Twin Towing.docx 1

MATRIXNEWORLD Engineering Progress * Conduct interviews of individuals with knowledge of or familiarity with the Site, including present and past owners, operators and/or occupants of the Site and/or local officials, as applicable. Please inform us if this is a cause for concern for reasons of confidentiality with the proposed business transaction; * Conduct a seview of readily available and reasonably ascertainable federal, state, and local government records concerning the Site and adjoining properties. If the Site or any adjoining properties is identified, pertinent regulatory files and/or records associated with the listing may be reviewed. Costs to obtain and review file information for adjoining and/or surrounding properties ((.e., other than that included in the standard environmental record sources reviewed for the Site} are not Included in this cost estimate; if necessary, a separate cost estimate will be prepared to obtain and review these files. If, in the environmental professional's opinion, such a review is not warranted, the environmental professional will explain in the report the justification for not conducting the regulatory file review; * Conduct a review of previous environmental reports/dacumentation, as provided to Matrix; « Conduct a review of environmental liens, if provided or authorized to obtain by the User (see below); and « Prepare a report summarizing findings, opinions, and conclusions (see below). According to the ASTM E1527-13 standard, a Phase | ESA is considered valid if completed within 180 days prior to the date of acquisition of the subject praperty or (for transactions not involving an acquisition) the date of the intended transaction. If the Phase | ESA is completed between 180 days and one year of the date of acquisition or (for transactions not involving an acquisition) the date of the intended transaction, several components of the assessment will need to be updated, including the following tasks: * Conduct a follow-up Inspection of the subject and surrounding properties; «Interview past and present owners, operators, and occupants; « Review of federal, tribal, state, and local government records; ¢ Search for recorded environmental cleanup liens; and ¢ Issue a signed declaration of the environmental professional. If an updated Phase | report is requested, Client will be advised of the additional

arch for recorded environmental cleanup liens; and ¢ Issue a signed declaration of the environmental professional. If an updated Phase | report is requested, Client will be advised of the additional costs. USER RESPONSIBILITIES The completion of a Phase | ESA is intended to satisfy one of the requirements for the “User” to qualify for the Innocent landowner, contiguous property owner, or bona fide prospective purchaser limitations pursuant to the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), thereby constituting ai! appropriate inquiries into the previous ownership and uses of the property consistent with good commercial or customary practice as defined by 42 U.S.C. §9601(35)(B) of CERCLA. Section 6 of the ASTM E1527-13 standard describes the tasks to be performed by the “User” of the Phase | ESA in order to qualify for one of the above-listed Landowner Liabllity Protections (LLPs). A User is defined by the ASTM E1527-13 standard as the party seeking to use Practice E1527 to complete an environmental site assessment of the property. A User may include, without limitation, a potential purchaser of property, a potential tenant of property, an owner of the property, a lender, or property manager. Based on this definition, Matrix understands that the User(s) associated with this Phase | ESA proposal is the Client, listed above. FA2022\22-0367 1 Lakeside Avenue - Twin Towing\Proposal\Phase | ESA_Twln Towing.docx 2

MATRIXNEWORLD Engineering Progress To ensure that the Phase | ESA is as complete and accurate as possible, and pursuant to the ASTM 1527-13 standard, the User has certain responsibilities including the following: 4. Review land title records for environmental liens or Activity and Use Limitations (AULs), and report the results of this review to Matrix; 2. Communicate any specialized knowledge and any commonly known or reasonably ascertainable Information regarding RECs at the Site to Matrix; 3. Ifthe Phase | ESA is required as part of a real estate transaction, and the purchase price is below market value, explain to Matrix why the price is below market value; 4, Make known to Matrix the reason why the Phase | ESA is being performed. If the purpose of the Phase | ESA is not identified to Matrix, Matrix shall assume the purpose is to qualify for Landowner Liability Protection (LLP) to CERCLA liability; and 5, Identify a properly owner, environmental manager, or other person(s) with knowledge about the Site who can be interviewed as part of the Phase | ESA; specifically, if the Site owner is the User. It is important that the person(s) identified have extensive knowledge of the Site. if the Phase | report will be used by a User different than the User(s) for whom the assessment was originally prepared, the subsequent User must also satisfy the User's Responsibilities, as outlined above, Consistent with the ASTM £1527-13 standard, an interview questionnaire is included with this proposal (Appendix A) and fs to be completed by the User, the Site owner, and the Site Operator(s)/Occupant(s) Including the Key Site Manager and returned to Matrix before the Site reconnaissance is conducted. If preferred, this questionnaire can instead be completed via telephon with Matrix prior to the Site reconnaissance. : The following information, if available, should be forwarded to Matrix upon proposal authorization: ¢ Previous environmental assessments, reports, and analytical data; * Gite plans, surveys, property appraisals and historical drawings related to the Site, especially plumbing diagrams; and e Property ownership and tenant history. All identified documents related to previous environmental activities must be reviewed to complete the Phase | ESA. Therefore, if the entire flle cannot be provided by the Client, Matrix will submit an Open Public Records Act

related to previous environmental activities must be reviewed to complete the Phase | ESA. Therefore, if the entire flle cannot be provided by the Client, Matrix will submit an Open Public Records Act (OPRA) request to local and/or State regulatory authorities and/or Federal regulatory authorities, as necessary. In addition, it is expected that readily available "Helpful Documents” as defined by the ASTM £1527-13 standard (i.e. prior environmental or remediation reports, environmental registrations, permits, etc.) will be provided to Matrix within the timeframe and scope of the project. Please note, the Phase | assessment will be prepared for due diligence purposes and will not be conducted under the direction of a Licensed Site Remediation Professional (LSRP). This proposal does not include costs to retain a LSRP or prepare the documents and forms necessary to qualify for a Response Action outcome (RAO) letter. Should a RAO letter be required, additional tasks will be necessary and additionat costs will be incurred; this proposal does not include the necessary scope of work and cost estimate to address these additional activities. ADDITIONAL TASKS: ASTM NON-SCOPE CONSIDERATIONS (IF APPLICABLE) There are numerous conditions that could result in environmental jiability or affect the value of a property that are not specifically included in a Phase | ESA scope of work, For example, the presence of asbestos in a building is not a REC pursuant to the ASTM Standard and thus investigation for asbestos is not part of the Phase | ESA scope of work. However, the existence of asbestos could be an important factor in F:12022122-0367 4 Lakeside Avenue - Twin Towing\Proposal\Phase | ESA_Twin Towing.docx 3

MATRIXNEWORLD Engineering Progress property acquisition decisions. The ASTM Standard refers to these additional factors as “business environmental risks”, which are defined as “risks that can have a material environmental or environmentally-driven impact on the business associated with the current or planned use of a parce! of commercial real estate, not necessarily limited to those environmental issues required to be investigated in this practice.” : Typical business environmental risk considerations include, but are not limited to, the following: * Asbestos-containing building materials * Health and safety e Radon « Ecological resources « Lead-based paint e Endangered species » Lead in drinking water e Indoor air quality unrelated to releases « Wetlands of hazardous substances or petroleum e Regulatory compliance products into the environment © Cultural and historic resources ¢ Biological agents . Industrial hygiene * Mold Pursuant to the Client's request, no ASTM non-scope considerations are included in this proposal. REPORT An electronic DRAFT report will be issued for your review and comment. Upon receipt and consideration of your comments, the FINAL report will be issued upon your authorization. The FINAL report will be provided in electronic format via electronic mail, or via a cloud-based link if the file size is too large to e- mail. cOsT Charges for services and reimbursable expenses will be based on a lump sum basis. We propose a lump sum cost of $7,560 for the services outlined in the above scope of work. If Client requests changes to the scope of work described herein, or requests additional services, Matrix will prepare a Contract Amendment Request (CAR) for Client's acceptance prior to execution of the work, Each CAR will set forth an adjustment to the initial approved budget. This cost estimate assumes the following: « Access to the Site and all on-site structures will be coordinated by the Client or Client representative. Additional Site visits due to lack of access will incur additional costs; The Site visit (including travel time) can be conducted in one eight-hour days by one Matrix professional; The review of pertinent Site regulatory files or records can be completed within 8 hours. If additional costs are necessary to review the available files, a separate cost estimate will be provided. The ASTM £1527-13 standard

Site regulatory files or records can be completed within 8 hours. If additional costs are necessary to review the available files, a separate cost estimate will be provided. The ASTM £1527-13 standard identifies reasonably ascertainable sources as information that can be provided within’20 calendar days of receiving a written, telephone, or in- person request from the source at no more than a nominal cost intended to cover the source’s cost of retrieving and duplicating the information. File information included in this proposed assessment must be provided within the schedule outlined below. Failure to provide this information to Matrix could result in a determination that “all appropriate inquiries” is incomplete; © Should the schedule be revised, or project be put on “hold” by the Client, all costs incurred by Matrix up to the notification of change of schedule or “hold” status will be billed to the Client. Additional fees that Matrix may incur once the project has resumed will also be billed to the Client in addition fo the below-queted fee; F'N2022\22-0367 1 Lakeside Avenue - Twin Towing\ProposallPhase | ESA_Twin Towing.doox 4

MATRIXNEWORLD Engineering Progress * No delays beyond Matrix’s control will be encountered in performing the scope of services such as unforeseen travel circumstances, inclement weather, and conditions deemed unsafe by Matrix personnel, etc.; « This assessment is not funded with a federal grant awarded under the U.S. EPA Brownfields Assessment and Characterization program; and This above lump sum cost does not include a search for environmental liens and activity use limitations that may appear on recorded land titles. The search is a User requirement pursuant to the ASTM E1527- 143 standard and must be performed in order to comply with the ASTM E1527-13 standard. The search differs from a standard chain of title search in that standard chain of title searches do not typically document environmental liens and activity use restrictions. If regulatory files are available for review, additional costs and time may be necessary in order to conduct the file review and incorporate pertinent information into the Phase | ESA report. If additional costs become necessary to complete the project due to unforeseen circumstances, Client will be advised. The cost includes addressing one round of DRAFT report comments from Client or Client's representative. Should additional reviews of the DRAFT report be necessary, or paper or compact disk copies be requested by the Client, the additional expenses will be provided for your authorization. SCHEDULE . Notwithstanding any delays caused by other parties, such as regulatory authorities, Matrix can complete the above scope of work, assuming timely access to the Site is obtained by Matrix, within 25-30 business days of the proposal authorization date. FEE STRUCTURE The jump sum cost given above is based on Matrix’s best judgment regarding the scope of work outlined above; however, Matrix cannot guarantee the final cost if additional work or any other services nat specifically included in the scope of work are requested or required. Client agrees to pay for all services and reimbursable expenses in accordance with the attached Terms and Conditions and, for all additional or out-of-scope activities, with the attached Schedule of Fees (Appendices B and C, respectively). ‘ PROPOSAL PERIOD This proposal is valid for a period of 45 days, from the date on this proposal. RELIANCE The Phase | ESA report will be prepared for

le of Fees (Appendices B and C, respectively). ‘ PROPOSAL PERIOD This proposal is valid for a period of 45 days, from the date on this proposal. RELIANCE The Phase | ESA report will be prepared for use by Client and the User(s), if different than Client; reliance on the Phase | ESA report does not extend to any third party without the express written permission of Matrix. Client, and User(s), if applicable, can rely on the Phase | ESA report for a periad up to 180 days prior to the date of acquisition of the Site property (.¢., the date on which title to Site property is acquired by Client/User(s)) or (for transactions not involving an acquisition) the date of the intended transaction. F:\2022\22-0367 1 Lakeside Avenue - Twin Towing\Proposal\Phase | ESA_Twin Towing.docx. 5