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

SCE-P13279.021 October 17,2022 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 fo 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 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 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-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

ligence 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 conirol and without its negligence. Dispute Resolution Client and SCE agree that they shall first suomit 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

SCE-P13279.021 October 17,2022 Mediation Rules of the American Arbitration Association, effective as of the date of this agreement. Use of Electronic 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 services. Construction 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

lly 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

SCE-P13279.021 October 17,2022 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 Eniry 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. 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. 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

yee 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-P13279.021) and date in order to properly document authorization. We shall consider an appropriately executed copy of this letter or purchase order as our formal

SCE-P13279.021 October 17,2022 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. On 8 blo0 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

am ACORD CERTIFICATE OF LIABILITY INSURANCE care moon 3/1/2022 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). Dale Grou ictal Tina Taran ; PO Box 6 e (Heo, 973-377-7000 No): 973-377-4614 Florham Park NJ 07932 Apress: tinat@dalegroup.com a INSURER(S) AFFORDING COVERAGE | naice a a INSURER A: Continental Casualty Company —__ | 20443 INSURED ; SUBUR-7! insuRER 8 : National Fire & Marine Insurance Company | 20079 | ou HM R208 Sule Engslnc: insuRER c: Valley Forge Insurance Company | 20508 Flanders NJ 07836 INSURER D : Continental Insurance Company OfNew Jersey | _-42625, | nsuRER E: HSB Specialty Insurance Company _ | 14438 | INSURER F : | COVERAGES. CERTIFICATE NUMBER: 1784385551 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 |S SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ‘ADDL |SUBR| | POLIGYEFF | POLICY EXP - 7 Nee TYPE OF INSURANCE NSD. WWD. POLICY NUMBER | miBBhre | anion) | Lunar, A |X | COMMERCIALGENERALLIABILITY | Y | Y | 7018338493 | 2izareo22 | 2/24/2023 | cach occURRENCE 1,000,000 z | TAMAGE TO RENTED | | CLAIMS-MADE ao | PREMISES (Ea occurrence) _| $ 300,000 X | Contractual Liab MED EXP (Any one person) _| $ 10,000 || Gonmactualuigy | ¢ 0, - PERSONAL & ADV INJURY _ | $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: | GENERAL AGGREGATE $2,000,000 |_|

300,000 X | Contractual Liab MED EXP (Any one person) _| $ 10,000 || Gonmactualuigy | ¢ 0, - PERSONAL & ADV INJURY _ | $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: | GENERAL AGGREGATE $2,000,000 |_| poucy LX ] S89 Loc PRODUCTS - COMPIOP AGG | $2,000,000 | OTHER: | s B | AUTOMOBILE LIABILITY | Y | ¥ | 7018333701 2iearzo22 | 2724/2023 | FOMBNED SINGLE LIMIT s 1,000,000 X | ANY AUTO BODILY INJURY (Per person) | § [| OWNED. ] SCHEDULED im i a 7 [| SRN iy ScHED BODILY INJURY (Per accident)| $ HIRED XX NON-SMmED PROPERTY DAMAGE $ | AUTOS ONLY | AUTOS ONLY (Per accident $ A |X | UMBRELLA LIAB | X | occur y | Y | 7018338493 2/242022 | 2/24/2023 | EACH OCCURRENCE $ 10,000,000 | excessume | | cams. Mave | AGGREGATE $10,000,000 oep | X | Retenions g s | WORKERS COMPENSATION 7018333715 2242022 | 2/eai2023 |X | BER [a AND EMPLOYERS’ LIABILITY STATUTE |__LER ——= ANYPROPRIETOR/PARTNER/EXECUTIVE E.L_EACH ACCIDENT 1,000,000 ‘OFFICERIMEMBEREXCLUDED? ——— ==} (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE| $ 1,000,000 iFyes, describe under DESCRIPTION OF OPERATIONS below ELL. DISEASE - POLICY LIMIT | $ 1,000,000 D | Professional Liab | AEH004316497 2/24/2022 | 2/24/2023 | ClainvOccurence $5,000,000 | Pollution Liability ‘AEHO043 16497 2/24/2022 | 2/24/2023 | Aggregate $5,000,000 E | Cyber Liability | | 8ea7ert02 2/24/2022 | 2/24/2023 | Limit $1,000,000 i i 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

JOHN H. ALLGAIR, PE, PP, LS (1983-2001) DAVID J. SAMUEL, PE, PP, CME JOHN J. STEFANI, PE, LS, PP, CME —S JAY B. CORNELL, PE, PP, CME MICHAEL J. McCLELLAND, PE, PP, CME GREGORY R. VALESI, PE, PP, CME Via El ronic (Engineerin inge.org) & 15‘ Class Mail Township of West Orange Department of Public Works 25 Lakeside Avenue West Orange, NJ 07052 Attn: Leonard R. Lepore, Municipal Engineer Director of Public Works Re: Proposal for Professional Land Surveying and Engineering Services 2022 Street Improvements Phase 1 West Orange, New Jersey Proposal No. 2022-258 Dear Mr. Lepore: We are pleased to submit our proposal for professional land surveying and engineering services for the engineering, permitting and bid phase services for the above referenced project including the preparation of construction plans, specifications and bid documents for the project. Based on the request for proposal our office received, it is our understanding the project will include the reconstruction of the following roadways: e 2022 Street Resurfacing Project: SJ TIM W. GILLEN, PE, PP, CME (1991-2019) v BRUCE M. KOCH, PE, PP, CME LOUIS J. PLOSKONKA, PE, CME TREVOR J. TAYLOR, PE, PP, CME ASSOCIATES BEHRAM TURAN, PE, LSRP LAURA J. NEUMANN, PE, PP DOUGLAS ROHMEYER, PE, CFM, CME October 14, 2022 ROBERT J. RUSSO, PE, PP, CME JOHN J. HESS, PE, PP, CME 4 w ‘SWest Orange\Proposals\22-10-14 Proposal for Professional Land Surveying and Engineering Services for 2022 Street Improvements Phase 1.docx \ CONSULTING AND MUNICIPAL ENGINEERS y 1460 ROUTE 9 SOUTH © HOWELL. NEW JERSEY 07731 e (732) 462-7400 e FAX: (732) 409-0756 Conforti Avenue, Eagle Rock Avenue to Holmes Street — 1080 LF a. Curb, aprons, mill, pave b. 1080 LF at $170 per LF $183,600 c. Speed Tables, 3, at $4,000 EA $12,000 Conforti Avenue, Holmes Street to Bauer Drive — 1880 LF a. Mill and pave b. 1880 LF at $110 per LF $206,800 c. Speed Tables, 7, at $4,000 EA $28,000 Conforti Avenue, Bauer Drive to Hooper Avenue — 380 LF a. Curb, aprons, mill, pave b. 380 LF at $170 per LF $64,600 c. Speed Tables, 2, at $4,000 EA $8,000 Hooper Avenue, Carteret Street to Conforti Avenue — 250 LF a. Curb, aprons, mill, pave