281-22 Attachment - 2022 St. Improvements Phase I-Proposal Responses.pdf

st. Client agrees to hold Crew harmless from any claims resulting from performance of construction-related services by persons other than Crew. 9. INSURANCE. Crew will maintain insurance coverage for Professional, Comprehensive General, Automobile, Worker's Compensation, and Employer's Liability in amounts in accordance with legal, and Crew's business requirements. Certificates evidencing such coverage will be provided to Client upon request. For projects involving construction, Client agrees to require its construction contractor, if any, to include Crew as an additional insured on its policies relating to the Project. Crew's coverages referenced above shall, in such case, be excess over contractor's primary coverage. 10. INDEMNITIES. To the fullest extent permitted by law, Crew shall indemnify and save harmless Client from and against loss, liability, and damages sustained by Client, its agents, employees, and representatives by reason of injury or death to persons or damage to tangible property to the extent caused directly by the willful misconduct or failure to adhere to the standard of care described in Paragraph 1 above by Crew, its agents or employees. To the fullest extent permitted by law, Client shall defend, indemnify, and save harmless Crew, its agents, employees, and representatives from and against loss, liability, and damages (including reasonable litigation costs) arising from or relating to

claims for injury or death to persons, damages to tangible property, or other losses, alleged to be caused by any of the following: (a) any substance, condition, element, or material or any combination of the foregoing (i) produced, emitted or released from the Project (ii) tested by Crew under this Agreement, or (iii) used or incorporated by Crew in the Services; or (b) operation or management of the Project. Client also agrees to require its construction contractor, if any, to include Crew as an indemnitee under any indemnification obligation to Client. 11. LIMITATIONS OF LIABILITY. No employee or agent of Crew shall have individual liability to Client. Client agrees that, to the fullest extent permitted by law, Crew's total liability to Client for any and all injuries, claims, losses, expenses or damages whatsoever arising out of or in any way related to the Project or this Agreement from any causes including, but not limited to, Crew's negligence, errors, omissions, strict liability, or breach of contract shall not exceed the total compensation received by Crew under this Agreement. If Client desires a limit of liability greater than that provided above, Client and Crew shall include a separate paragraph under this Agreement, stating the amount of such limit and the additional compensation to be paid to Crew for assumption of such additional risk. IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL CREW BE LIABLE TO CLIENT FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES. 12. ACCESS. Client shall provide Crew safe access to any premises necessary for Crew to provide the Services. 13. REUSE OF PROJECT DELIVERABLES. Reuse of any documents or other deliverables, including electronic media, pertaining to the Project by Client for any purpose other than that for which such documents or deliverables were originally prepared, or alteration of such documents or deliverables without written verification or adaptation by Crew for the specific purpose intended, shall be at the Client's risk. Client agrees to defend, indemnify, and hold harmless Crew from all claims, damages, and expenses, (including reasonable litigation costs), arising out of such reuse or alteration by Client or others acting through Client. 14. AMENDMENT. This Agreement, upon execution by both parties hereto, can be amended only by a written instrument signed by both

of such reuse or alteration by Client or others acting through Client. 14. AMENDMENT. This Agreement, upon execution by both parties hereto, can be amended only by a written instrument signed by both parties. 15. ASSIGNMENT. Except for assignments (a) to entities which control, or are controlled by, the parties hereto or (b) resulting from operation of law, the rights and obligations of this Agreement cannot be assigned by either party without written permission of the other party. This Agreement shall be binding upon and inure to the benefit of any permitted assigns. 16. STATUTES OF LIMITATION. To the fullest extent permitted by law, parties agree that, except for claims for indemnification, the time period for bringing claims under this Agreement shall expire one year after Project completion. 17. PREVAILING PARTY LITIGATION COSTS. In the event any actions are brought to enforce this Agreement, the prevailing party shall be entitled to collect its litigation costs from the other party. 18. NO WAIVER. No waiver by either party of any default by the other party in the performance of any particular section of this Agreement shall invalidate any other section of this Agreement or operate as a waiver of any future default, whether like or different in character. 19. NO THIRD-PARTY BENEFICIARY. Nothing contained in this Agreement, nor the performance of the parties hereunder, is intended to benefit, nor shall inure to the benefit of, any third party, including Client's contractors, if any. 20. SEVERABILITY. The various terms, provisions and covenants herein contained shall be deemed to be separate and severable, and the invalidity or unenforceability of any of them shall not affect or impair the validity or enforceability of the remainder. 21. AUTHORITY. The persons signing this Agreement warrant that they have the authority to sign as, or on behalf of, the party for whom they are signing. trms&cnd.inc 0307 2

STATE OF NEW JERSEY BUSINESS REGISTRATION CERTIFICATE FOR STATE AGENCY AND CASINO SERVICE CONTRACTORS TAXPAYER NAME: TRADE NAME: CREW ENGINEERS, INC. TAXPAYER IDENTIFICATION# CONTRACTOR CERTIFICATION# 223-402-769/000 0098335 ADDRESS ISSUANCE DATE: 1250 ROUTE 23 N BUTLER NJ 07405 09/19/01 EFFECTIVE DATE: SH. . Wp A, (, l,, 10/10/95 ‘pbhiced q Director, Division of Revenue FORM-BRC(08-01) This Certificate is NOT assignable or transferable. It must be conspicuously displayed at above address.

SUBURBAN CONSULTING ENGINEERS, INC. October 17, 2022 Township of West Orange Department of Public Works 25 Lakeside Avenue West Orange, New Jersey 07052 Attn.: Leonard R. Lepore, Municipal Engineer Director of Public Works Re.: — Township of West Orange, County of Essex, State of New Jersey Professional Civil Engineering Services 2022 STREET IMPROVEMENTS PHASE 1 Engineering Design and Bid Phase Services Our File No.: Proposal SCE-P13279.011 Dear Mr. Lepore: SUBURBAN CONSULTING ENGINEERS, INC. (SCE) is pleased to provide the following proposal for Civil Engineering to the Township of West Orange (Township) for 2022 Street Improvements — Phase |. SCE has thoroughly reviewed the request for proposal dated September 27, 2022 and the provided information regarding the project. It is understood the total length of 2022 Street Improvements - Phase | is 11,580 Linear Feet (LF) within various rights-of-way. Our proposal includes all work required to provide a complete design and bid package including cost estimates, plans, and specifications (twenty (20) copies each) for bidding purposes, detour plans, and cut sheets. SCE understands this project will be fully funded by Township. All plans, specifications, and bid documents will be in conformance with the latest New Jersey Department of Transportation (NJDOT) specifications. All services for this project will be overseen by a State of New Jersey licensed Professional Engineer (PE). The following streets are to be included in this 2022 Street Improvement project: PHASE I: 1. Conforti Avenue, Eagle Rock Avenue to Holmes Street = Curb, aprons (asphalt), mill & pave: 1,080 LF 2. Conforti Avenue, Holmes Street to Bauer Drive = Mill and pave 1,880 LF 3. Conforti Avenue, Bauer Drive to Hooper Avenue = Curb, aprons, mill, pave 380 LF 4. Hooper Avenue, Carteret Street to Conforti Avenue = Curb, aprons, mill, pave 250 LF 96 U.S. Highway 206, Suite 101, Flanders, New Jersey 07836 P: (973) 398-1776 | www.suburbanconsulting.com

SCE-P13279.011 October 17,2022 ud. 5. Carteret Street, Conforti Avenue to dead end =" Curb, aprons, mill, pave 2,450 LF 6. Crystal Avenue, Conforti Avenue to dead end = Curb, aprons, mill, pave 550 LF 7. Suburban Drive, Crystal Avenue to Devore Drive = Curb, aprons, mill, pave 1,800 LF 8. Devore Drive, Carteret Street to Suburban Drive =~ Curb, aprons, mill, pave 360 LF 9. Flynn Terrace, Carteret Street to Suburban Drive = Curb, aprons, mill, pave 360 LF 10. Marcy Place, Carteret Street to Suburban Drive = Curb, aprons, mill, pave 390 LF 11. Dockery Drive, Carteret Street to Crystal Woods =~ Curb, aprons, mill, pave 570 LF 12. Ronald Terrace, Pleasant Valley Way to dead end = Curb, asphalt aprons, mill, pave 800 LF 13. Terrace Avenue, Eagle Rock Avenue to dead end «Curb, asphalt aprons, mill, pave 710 LF TOTALS — 11,580 LF Our scope of services for this project is further outlined below. Scope of Services 1. Design SCE will provide the Township with the necessary plans and specifications for the Improvements and Resurfacing of Various Streets in West Orange. The complete design will provide for, new curbs, new sidewalks, driveway and walkway adjustments (where necessary), catch basin and manhole rebuilding with new castings, pavement millings, full depth asphalt pavement repair (where necessary), and pavement resurfacing as listed above. It is our understanding that where a concrete base is present and identified to SCE, milling, leveling, and pavement fabric is required. All plans and specifications will be in conformance with the latest NJDOT specifications. It is Understood that for this project, the Township requires a minimal plan for each street using Tax Maps or planimetric and topographic maps (fo be provided by the Townships Engineer). As aerials will be utilized for base mapping, surveying services have been excluded from this proposal. Upon award of a Professional Services Contract, SCE will walk each street with the Township Engineer to discuss the specific improvements needed on that street and how certain conditions will be treated.

SCE-P13279.011 October 17,2022 2. Bid Phase Services SCE will assist the Township with advertisement and procurement of bids. As part of these services, SCE will prepare a Notice to Bidders for publication by the Township, provide twenty (20) sets of bid documents for prospective bidders, answer any questions from prospective bidders, provide any addenda, if necessary, participate in the virtual bid opening and provide a summary of bids and recommendation of award letter to the Township. Construction stakeout has been excluded from this proposal and is provided for in the construction inspection proposal also submitted by SCE. Reimbursable Expenses Anticipated reimbursable expenses for this project are included in the total fee outlined below. Additional expenses will be billed on a time and material basis in accordance with the Fee Structure provided below. Reimbursable expenses may include mileage, parking and tolls, overnight postage, messenger fees, and printing expenses. Fee Proposal SCE proposes to provide the above referenced scope of services for the following fees. Invoicing for this project will summarize services provided in accordance with the Total Project fee limit indicated below. » Design § 21,950 " Bid Phase Services $__7,250* TOTAL LUMP SUM FEE $ 29,200 *Includes twenty (20) Sets of Plans & Specifications including bid documents and contract agreements ($75 per set). Project Schedule We are prepared to commence services within two (2) weeks of authorization to proceed and receipt of signed proposal. Services Not Included Unless Authorized It should be noted that our fee is based on the specific tasks as explained in the above sections of this proposal. Services and items which have not been included or made part of this proposal include but are not limited to the following: Surveying services & unit charges Construction Stakeout Boundary & topographic survey Owner initiated changes Excavation and boring equipment services and restoration

SCE-P13279.011 October 17,2022 Traffic studies Review agency required revisions Fee Structure Geotechnical investigations & soil testing and analysis Soil Erosion & Sediment Conirol Plans, permits, application and/or fees 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 $165/hour Senior Project Manager $163/hour Project Manager $160/hour Senior Project Licensed Professional $155/hour Project Licensed Professional $150/hour Licensed Professional $140/hour Senior Project Coordinator $155/hour Project Coordinator $150/hour Senior Designer/Senior Survey Analyst $130/hour Designer/Survey Analyst $125/hour Senior Environmental Scientist $130/hour Environmental Scientist $125/hour Senior Project GIS Analyst $145/hour Project GIS Analyst $135/hour GIS Analyst $130/nour Senior GIS Technician $118/hour GIS Technician $108/hour Senior GIS Project Coordinator $135/hour GIS Project Coordinator $130/hour Senior Inspector $120/hour Inspector $108/hour Senior Technician $113/nour Technician $103/hour Project Administrator $120/hour Administrative Support $65/hour Equipment Unit Cost o Unmanned Aerial Systems / Remotely Operated Vehicle $150/hour

SCE-P13279.011 October 17,2022 o =Robotic/LiIDAR $50/hour o GPS $25/hour = —LSRP (Licensed Site Remediation Professional) Services Unit Cost 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

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 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,