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

SCE-P13279.011 October 17,2022 but only to 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, directors, members, partners, agents, employees or sub-consultanis 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 supmit 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 Elecironic Media Documents 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. Bid Phase Services If this Agreement provides for any bid phase services by SCE, it is understood that any bid phase services described herein are associated with one (1) contract and one (1) bid period. Should the Client direct the project to be bid and constructed under multiple contracts, or should the bid process fail to result in a successful contract award requiring the need to rebid the project, SCE’s services associated with multiple contracts or re- bidding any contract (original or revised) will be offered under a contract amendment to SCE's scope of

equiring the need to rebid the project, SCE’s services associated with multiple contracts or re- bidding any contract (original or revised) will be offered under a contract amendment to SCE's scope of services. Construction Phase Services If this Agreement provides for any construction phase services by SCE, itis 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.

SCE-P13279.011 October 17,2022 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 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

nd 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. 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

SCE-P13279.011 October 17,2022 will be stopped if account is not current; deliverables will not be furnished if account is past due. For approved Estimated Fees, time spent will be invoiced on an hourly basis up to the contract amount and will reflect employee time charges including comments for services performed. In the event we anticipate exceeding the approved fees, we will contact the Client for authorization to proceed. If the Client elects not to proceed, we will invoice for services completed to date. For approved Lump Sum Fees, invoices will reflect a percent complete and will not include employee time or expense details. Each invoice will be prepared to reflect work completed to date on the project. 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-P13279.011) 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. Erin B. Abline, PE, CME, CFM, Assistant Corporate Secretary Principal/ Municipal & Land Development Department Manager Accepted this Day of 20. By: (Printed Name & Title) Enclosures Proof of Insurance

—., DATE OHWIDONYFY ACORD CERTIFICATE OF LIABILITY INSURANCE ‘ ’ 3/4/2022 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 have ADDITIONAL INSURED provisions or 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 SONTACT Tina Taran Dale Group PHONE, ex, 973-377-7000 {(A6,No): 973-377-4614 Florham Park NJ 07932 |AowREss: tinat@dalegroup.com - INSURER(S) AFFORDING COVERAGE sualty Company _ INSURED SUBUR-7) isureR 8; National Fire & Marine Insurance Company Sere RT 206 Sune ong. ing: | insuRER c : Valley Forge Insurance Company tf Flanders NJ 07836 Insurer 0 : Continent rance Company Of New Jersey 42625 | INSURER E: HSB Specialty Insurance Company 14438 INSURER F: COVERAGES CERTIFICATE NUMBER: 1784365551 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. WSR ADDL|SUBR POLICY EFF | POLICY Exe TYPE OF INSURANCE INSD_ WD POLICY NUMBER LgnMDIV | NDB | Linarrs * ral COMMERCIAL GENERAL LIABILITY Y | Y | 7018338493 | obinaz2 eara023 EACH OCCURRENCE. $1,000,000 x] | ores TORENTED J CLAIMS-MADE occur i} PREMISES (Ea occurrence) | $300,000 _ X_| Contractual Liab i} MED EXP (Any one person) _| $ 10,000 | - _ | PERSONAL &ADVINJURY _| $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER | [ceneraLaccreeate | $2,000,000 pouicy | X | S82 [| voc | PRODUCTS - COMPIOP AGG | $2,000,000 OTHER, | 1s @ | AvTomosiLELABLLTY v |

PERSONAL &ADVINJURY _| $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER | [ceneraLaccreeate | $2,000,000 pouicy | X | S82 [| voc | PRODUCTS - COMPIOP AGG | $2,000,000 OTHER, | 1s @ | AvTomosiLELABLLTY v | 7018999701 2reareo22 | 2reaiaoes | FONE Nan NCTM | 8 4,000,000 X | ANY AUTO | BODILY INJURY (Per person) | $ OWNED SCHEDULED ] ee | BODILY INJURY (Per accident)| $ - x X | NON-OWNED [PROPERTY DAMAGE Ts |X auTOs ony ‘AUTOS ONLY | |{eeraccden) |S _ s @ | X | UMBRELLA LIAB X | occur y | ¥ | 7018338493 2/24/2022 | 2/24/2023 | cach ocCURRENCE 5 10,000,000 EXCESS LIAB CLAIMS-MADE | AGGREGATE $ 10,000,000 x ~ | } cover — 8. DED RETENTION S | s © | WORKERS COMPENSATION ||| rovesasr15 araroz | zeae X [Phun 1 (Se ‘AND EMPLOYERS’ LIABILITY YIN | | - = ‘ANYPROPRIETOR/PARTNER/EXECUTIVE £.L. EACH ACCIDENT $1,000,000 ‘OFFICERIMEMBER EXCLUDED? Nia) | us (Mandatory in NH) yes, describe under DESCRIPTION OF OPERATIONS below E.L DISEASE - EA EMPLOYEE] § 1,000,000 E.L. DISEASE - POLICY LIMIT | $ 1,000,000 Professional Liab ‘AEHO043 16497 2/24/2022 | 2/24/2023 | Claim/Ocourence $5,000,000 D | Pollution Liability AEHO04316497 2/24/2022 2/24/2023 | Aggregate $5,000,000 E || Cybec ciety | 660757102 2reai2o22 | 2reareoz3 | Lmit $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Evidence of Insurance CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Evidence of Insurance AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD

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 & Land Surveying Services 2022 STREET IMPROVEMENTS PHASE 1 Construction Inspection Our File No.: Proposal SCE-P13279.021 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 2022 Street Improvements — Phase |. PHASE I: 1 Conforti Avenue, Eagle Rock Avenue to Holmes Street =~ Curb, aprons (asphalt), mill & pave: Conforti Avenue, Holmes Street to Bauer Drive = Mill and pave Conforti Avenue, Bauer Drive to Hooper Avenue = Curb, aprons, mill, pave Hooper Avenue, Carteret Street to Conforti Avenue = Curb, aprons, mill, pave Carteret Street, Conforti Avenue to dead end =~ Curb, aprons, mill, pave Crystal Avenue, Conforti Avenue to dead end = Curb, aprons, mill, pave Suburban Drive, Crystal Avenue to Devore Drive = Curb, aprons, mill, pave Devore Drive, Carteret Street to Suburban Drive = Curb, aprons, mill, pave Flynn Terrace, Carteret Street to Suburban Drive =" Curb, aprons, mill, pave . Marcy Place, Carteret Street to Suburban Drive = Curb, aprons, mill, pave . Dockery Drive, Carteret Street to Crystal Woods 96 U.S. Highway 206, Suite 101, Flanders, New Jersey 07836 P: (973) 398-1776 | www.suburbanconsulting.com 1,080 LF 1,880 LF 380 LF 250 LF 2,450 LF 550 LF 1,800 LF 360 LF 360 LF 390 LF

SCE-P13279.021 October 17,2022 = 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 TOTAL - 11,580 LF Our scope of services for this project is further outlined below. Scope of Services SCE is prepared to provide any of 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). = Construction Stakeout * 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 inspection of the work. = Final closeout of project. = Make recommendations to Township for acceptance of the work and certification of completion. 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.

SCE-P13279.021 October 17,2022 = 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/nour Project GIS Analyst $135/hour GIS Analyst $130/hour Senior GIS Technician $118/hour GIS Technician $108/hour Senior GIS Project Coordinator $135/nour GIS Project Coordinator $130/hour Senior Inspector $120/hour Inspector $108/hour Senior Technician $113/hour Technician $103/hour Project Administrator $120/hour Administrative Support $65/hour Equipment Unit Cost o Unmanned Aerial Systems / Remotely Operated Vehicle $150/nour 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