43-25 RFP-Responses-Rock Spring Golf Course.pdf

TION OF the services rendered by the ‘Consultant ITS WORK SHALL BE THE EXCLUSIVE REMEDY AND SHALL BE IN LIEU OF ALL OTHER REMEDIES, WARRANTIES OR GUARANTEES, (INCLUDING ANY Neith ty shall hold the oth ible f either party sha. 10! € other responsible for WARRANTY OF MERCHANTABILITY OR FITNESS FOR damages or delays in performance caused by acts PARTICULAR PURPOSE) WHETHER EXPRESSED OR of God, acts and/or omissions of federal, state and IMPLIED AND WHETHER BASED UPON CONTRACT, local government authorities and regulatory agencies, or other events which are beyond the TORT (INCLUDING NEGLIGENCE), STATUTE, STRICT reasonable control of the other party that could not LIABILITY OR OTHERWISE. have been reasonably foreseen or prevented. 4.0 TERMINATION Should condition arise which, either in the Client's or Consultant’s opinion make it Consultant shall perform various environmental engineering, remediation and technical services to the extent directed in writing by Client in accordance with this Agreement and the proposal letter dated January 18, 2021, attached hereto and made a part hereof: Consultant warrants that the services performed by it hereunder shall be in accordance with good enginecring design practices and in conformance with applicable codes and standards established for such work by the industry. Consultant's liability in regard to the correction of any deficiencies attributable to services performed hereunder shall be limited to redoing without charge, any faulty work performed under this Agreement. 6.0 DELAYS Crestmont Couniry Club M-23.01 5 of 7 January 4, 2023

7.0 8.0 9.0 SITE CONDITIONS & SITE ACCESS Consultant shail not be liable for any property damage to or interfere with surface or subterranean structures (including pipes, tanks and telephone cables) which are not dily visible, shown on plans furnished by CHent or which are public documents, in connection with work performed under this Agreement. Client recognized that the use of exploration and test equipment might unavoidably affect or alter the terrain. Client accepts that this is inherent to Consultant’s work and Consultant shall not be liable for any such effect or alteration, Client represents that they have “unrestricted access rights” to the entire site and that by accepting this proposal, E2PM has full rights to enter the site to conduct the work outlined within this proposal. Please note that E2PM will make best efforts to identify all existing utilities, via reviewing Client Supplied maps, field observations, and most importantly requiring a utility mark-up, in accordance with the NJ Underground Facility Protection Act ( N.J.S.A. 48:2-73 et seq.). Responsible parties, property owners, and clients, will be given an opportunity to review the proposed intrusive work and sampling locations, Client’s approval of the proposed intrusive work and sampling locations shall _ constitute acceptance of their responsibility for the identification of any on-site utilities and underground obstructions. E2PM and _ its subcontractors shall be indemnified and not be held liable for any damages to the utilities and/or to the property stemming from subsurface investigations and/or excavation. CONSEQUENTIAL DAMAGES, In no event shall Consultant, its Consultants, its vendors, or its affiliates be liable for, and Client hereby releases and agrees to indemnify and hold such parties harmless against, any and all claims for consequential, special, incidental or indirect damages without limit by reason of failure to specify same including Client’s legal fees, whether based upon contract, tort (including negligence), strict liability, statute or othcrw Client hereby waives the subrogation rights of its property damage and business interruption insurers in favor of such parties. LIMIT OF LIABILITY It is understood and agreed that the price has been established in recognition that Consultant’s overall cumulative liability for a representations (except its

or of such parties. LIMIT OF LIABILITY It is understood and agreed that the price has been established in recognition that Consultant’s overall cumulative liability for a representations (except its indemnification obligation regarding third party claims), warranties, guarantees, defenses, and other obligations arising as a result of its entering into this Agreement shall in no Crestmont Country Club M-23.01 Gof7 10.0 13.0 event exceed the amount paid by Client to Consultant for performance of the Work. HAZARDOUS SUBSTANCE CLAIMS {a} “Hazardous Substance Claim” shall mean any and all claims, losses, costs, expenses, judgments, damages, and liabilities of any form or nature including but not limited to any for personal or emotional injury, death or damage to property arising out of or in connection with any actual, threatened or feared release, discharge or exposure to any toxic or hazardous waste, substance, material, or vapor, including without limitation, PCR’s, petroleum, hydrocarbons, asbestos, mixed, radioactive or nuclear wastes and any other substance designated as hazardous or toxic under CERCLA, TSCA, RCRA or other statute or regulation (“Hazardous Substances”); (b) Except as provided in (a) above and to the fullest extent provided in Article 8; (i) Client shall indemnify and hold harmless Consultant, its officers, directors, employees, agents, and representatives from and against any and all Hazardous Substance Claims; and (ii) Client shall defend any claim, action, or proceeding which may be brought against Consultant, its officers, directors, employees, agents, and representatives (“Defendants”) arising out of or in connection with any [azardous Substance Claim and shall bear all fees and expenses of attorneys and costs any Defendant incurs in the defense thereof. RELATIONSHIPS OF PARTIES The Consultant shall at all times be an independent entity and shall not claim to be an agent, officer, or employee of Client and shall not have authority to make any commitment on behalf of the Client, except to the extent that such authority shall be expressly conferred in writing, Consultant shall not have the right to use Client’s title block on any plans or drawings whatsoever, unless so authorized by Client. TERMS OF PAYMENTS Asacondition precedent Client shall pay or cause to be paid to the Consultant for the true and faithful performance of

plans or drawings whatsoever, unless so authorized by Client. TERMS OF PAYMENTS Asacondition precedent Client shall pay or cause to be paid to the Consultant for the true and faithful performance of all of services herein and contained under this agreement, the amounts set forth in the Consultant’s proposal. Upon completion of the work, every thirty (30) days or as soon thereafter as practicable, the Consultant shall invoice the Client for the services performed. Invoices shall be due and payable within fifteen (15) days. Interest at 1.0% per month will be charged for ail invoices exceeding 45 days. Consultant reserves the right to Jean Client’s property as a means to protect its interests in assuring payments for work performed under this agreement. CONFIDENTIALITY January 4, 2023

14.0 Consultant agrees not to divulge to third parties, without written consent of the Client, any information which relates to the technical or business activities of the Client unless: (i) the information is known to the Consultant prior to obtaining the same from the Client; (ii) the information is, at the time of disclosure by Consultant, then in the public domain, or (iii) the information is obtained by the Consultant from a third party who did not receive same, directly or indirectly from the Client and who has no obligation of secrecy with respect thereto. Consultant further agrees not to disclose without the prior written consent of the Client, any information developed or obtained by Consultant in the performance of this Agreement except to the extent that such information falls within one of the catcgories described in (i), (ii), or (iii) above. If so requested by the Consultant, the Consultant further agrees to require its employces to execute a nondisclosure agreement prior to performing any services under this Agreement. INSURANCE (a) During the course of performance of the Services, Consultant will maintain the following insurance coverage: Type of Coverage Coverspe, Workers Compensation/Employers Statutory/ Liability $500,000 Commercial General Liability $1,000,000 Pollution Li $1,000,000 Professional Liability $1,000,000 Automobile Public Liability $1,000,000 (b) If required, Consultant shal! deliver to Client, Certificates evidencing that the above coverage is in effect and will not be canceled or materially changed without thirty (30) days written notice; (c) Additional Coverage: If desired, Consultant, will on a cost-reimbursable basis, endeavor to procure property damage, construction risk, completed operations, pollution liability, cnvironmental impairment or other desired insurance coverage on a project specific basis. Crestmont Country Club M-23.01 Tot? 15.0 16.0 17.0 18.0 OWNERSHIP OF DOCUMENTS All the work product (reports, drawings, calculations, designs, ete.) produced by the Consultant in executing the work described within Consultant’s proposal, arc the property of Consultant. RELIANCE ON DOCUMENTS Reliance on the Consultant’s work product shall be for the exclusive use of Client. Reliance on Consultant’s work product by third parties shall be strictly forbidden. Consultant assumes that Client either owns

the Consultant’s work product shall be for the exclusive use of Client. Reliance on Consultant’s work product by third parties shall be strictly forbidden. Consultant assumes that Client either owns and or has rights to use all reports, drawings, calculations, and designs, (herein defined as “work product” produced by others and given to Consultant by Client), and Consultant is given the right to use and rely on such work product. Consultant shall be indemnified by Client for reliance on third party data and work product. ENTIRETY OF AGREEMENT This agreement, with the Exhibits/Proposals listed in Article 1 constitute the entire agreement between the parties and supersedes all previous agreements or understandings with respect to the subject matter hereof. GOVERNING LAW ‘This Agreement shall be governed in all respects by the law of the State of New Jersey. The venue for trials, mediation, and or arbitration shall be in Morris County New Jersey. 19.0 DISPUTES Disputes relating to services under this contract, including payment disputes shall be settled based on the mutual agreement by the parties based on the following hierarchy, mediation, arbitration, and through court —_ actions. However, Consultant may elect to seek resolution directly through the courts: January 4, 2623

SUBURBAN CONSULTING ENGINEERS, INC. January 17, 2025 Via Electronic Mail (zcarballo@westorange.org) Township of West Orange Department of Engineering 25 Lakeside Avenue West Orange, New Jersey 07052 Attn.: Zayibeth Carballo, PE, PLS, PP, CME, CFM, CFS Director, Municipal Engineer Re.: Township of West Orange, County of Essex, State of New Jersey Professional Land Surveying Services Rock Spring Golf Course Block 46.01, Lot 22; Block 160, Lots 2 & 10; & Block 160.01, Lots 30 & 34 Green Acres Survey Our File No.: Proposal SCE-P11250.021 Dear Ms. Carballo: SUBURBAN CONSULTING ENGINEERS, INC. (SCE) is pleased to provide the following proposal to the Township of West Orange (Township) for professional land surveying services in response to the Request for Proposals (RFP) for the preparation of a Green Acres Survey for Rock Spring Golf Course (Block 46.01, Lot 22; Block 160, Lots 2 & 10; & Block 160.01, Lots 30 & 34), located in the Township of West Orange, County of Essex, State of New Jersey. It is our understanding that the Township is seeking professional land surveying services associated with preparing the necessary survey materials required to be submitted to the New Jersey Department of Environmental Protection (NJDEP) as part of the Green Acres Grant announced by letter dated December 12, 2024. SCE has carefully reviewed the documents provided by your office, along with additional preliminary research of the record documents available for this site. We are confident in our abilities to successfully complete this project ontime and in accordance with the project’s desired schedule. SCE continues to be a leader in the industry demonstrated in our commitment to creating solutions for our Clients’ success by delivering innovative and practical professional services. Our firm has significant experience with providing professional services in the land surveying field. Our technical team is readily available to meet your project’s unique requirements and all services will be performed under the direct supervision of a State of New Jersey licensed Professional Land Surveyor (PLS). Our scope of services for this project is further outlined below. 96 U.S. Highway 206, Suite 101, Flanders, New Jersey 07836 P: (973) 398-1776 | www.suburbanconsulting.com

SCE-P11250.021 January 17, 2025 Scope of Services 1. NJDEP Green Acres Survey SCE will prepare a Green Acres Survey along with the supporting documentation outlined in the State of New Jersey Department of Environmental Protection Green Acres Program Scope of Survey Services and Standard Detail Requirements dated July 1, 2023, as well as Sample Form 7B – Local Unit and Nonprofit Land Acquisition Checklist for complete list of project deliverables. Task I: Records Research & Deed Plotting Analysis It is our understanding that SCE will be provided with a title report(s) of the lots in question. SCE will gather additional records information including, but not limited to, record adjoining owner deeds, present owner deed, tax map(s), filed map(s), copy of title search (if the Township can provide), previous survey(s), and any other documents to assist in preparation of actual field instrument survey. This information will be analyzed and plotted in AutoCAD for verification of all mathematical courses and any possible gores or overlaps written in record title documents. Any/all record boundary lines and easements will be illustrated on the Survey. Task II: Field Survey SCE’s in-house survey crew personnel will be mobilized to the site and will utilize state-ofthe-art survey equipment including, but not limited to, GPS and robotic stations to conduct site survey of the property in question. Field Survey will include the measurement and field locating of any/all existing boundary evidence (iron pins, pipes, monuments, etc.) only as the site existing conditions will be depicted via aerial orthophotography or via the provided Stewart Survey as a background. SCE will perform all work within New Jersey State Plane Coordinate System (NAD-83 / NAVD-88). It should be noted that no utility investigation or site topography is anticipated in the final deliverable. Task III: Green Acres Survey Deliverable SCE will download all collected data and place in AutoCAD for preparation of mapping. The Green Acres Survey will be prepared and drafted at an appropriate scale showing all collected field data, including any/all improvements within project area, and found boundary evidence shown with its relationship to the actual boundary lines. SCE will utilize AutoCAD Civil 3D design software to map and model the existing conditions of the site. The Green Acres Survey will be prepared

hown with its relationship to the actual boundary lines. SCE will utilize AutoCAD Civil 3D design software to map and model the existing conditions of the site. The Green Acres Survey will be prepared in accordance with State of New Jersey Department of Environmental Protection Green Acres Program Scope of Survey Services and Standard Detail Requirements dated July 1, 2023. Deliverable for this Green Acres Survey will be prepared at an appropriate scale to depict the site improvements. It should be noted that when Boundary Survey services are provided, the cost of the research and the subsequent field and office tasks assume that the available data is relatively accurate and error free. It is difficult to evaluate the accuracy of the data until well into the processing and analytical portion of the survey. If substantial errors are 2

SCE-P11250.021 January 17, 2025 discovered at this stage, the Township will be notified, and a course of action will need to be agreed upon prior to finalizing the finished product. Task IV: Set Missing Corner Markers When a Green Acres Survey is performed, corner markers are required to be set at the perimeter limits of the fee simple acquisition project area. Based on the Stewart Survey, there appears to be approximately 48 corners that need to be set as part of this scope, and such is included in this proposal. Task V: NJDEP Coordination & Final Deliverables SCE will coordinate with the Township and NJDEP Representatives, as necessary, to coordinate deliverables and acceptance of documents between the two (2) parties. SCE anticipates one (1) round of revisions to address comments from the parties and will finalize the deliverables listed below as required as part of this proposal. Since SCE is unable to predict the extent of comments NJDEP may have, an hourly estimate of up to 16 hours is included within this proposal. If additional revisions are required or in excess of the anticipated hours, SCE will provide a separate proposal to address the NJDEP comments and finalize all deliverables. ▪ Final Deliverables (Sample Form 7B) ➢ 8.3 - Parcel Closure - Precision/Radial Error/Area. ➢ 8.4 - Full Size Paper Copies of Survey Plan (Two [2] Folded Copies). ➢ 8.5 - Metes and Bound Description and Reduced Survey Plan (Two [2] Copies). ➢ 8.6 - Digital Files: o Cover Label on Digital Media Disk (Standard 5.25-Inch CD-R Disk). Contains: Descriptions, AutoCAD file (.dwg), Drawing (.pdf), Linework (.dxg), and Photographs of Corner Markers Found and Set. ➢ 8.7 - Surveyor’s Certification and Summary Form. ➢ 8.8 - Checklist of Work completed. o 2. Expenses Anticipated expenses in the amount of $5,000 for this project are included in the fees outlined below. 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. 1. NJDEP Green Acres Survey 2. Expenses $ 64,875 $ 5,000 TOTAL LUMP SUM FEE $ 69,875 3