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

the means, methods, techniques, sequence, or procedures of construction, or safety precautions and programs incident to the work or the failure on the part of any party to comply with applicable laws, rules, regulations, ordinances, or codes. 14. Hourly Rate Schedule (Not applicable to Lump Sum Fees): Services provided on an hourly basis will be invoiced at GPI’s prevailing hourly rates. Prevailing hourly rate changes occurring during the contract period will be applicable as of the effective date of rate change. Hourly rates are subject to change the first of January and July. 15. Prevailing Wages (If Applicable): The attached fees and hourly rates are based on actual charges, plus overhead costs, and are normal and competitive rates. These rates, however, are subject to change retroactively to the beginning of the contract if it is determined that prevailing wages, as set forth by State or Federal wage administrators, must be paid. This is true on projects funded in whole or in part by Federal or State grants or loans. If it is determined that these specific wage rats must be utilized, we reserve the right to adjust our proposal immediately retroactively to the beginning of the project. 16. Reimbursable Expenses: Reimbursable expenses will be billed to the Client. Reimbursable expenses include the cost of travel, reproductions, deliveries, postage, photographs, and handling of drawings, specifications, reports, or other project related material. Printing and reproduction expenses shall be invoiced in accordance with the attached schedule, unless otherwise agreed to herein. 17. Payment for Services: Services will be invoiced monthly based on work accomplished. Payment for Services rendered is due upon receipt of GPI’s invoice. If payment is not received within 60 days of invoice, GPI has the unilateral right to discontinue work on the project and terminate this Agreement with no legal recourse by the Client. Page | 4

Zayibeth Caraballo Director, Municipal Engineer Township of West Orange January 15, 2025 18. Project Suspension or Termination: If the project is suspended for more than 90 days, abandoned in part or terminated, the Client will pay GPI for services performed and reimbursable expenses incurred up to and including the effective date of such suspension, abandonment or termination, and all termination expenses. The contract fee will require renegotiations should the project be restarted. 19. Ownership of Documents: All documents created, prepared, or furnished by GPI pursuant to the Agreement, including plans, drawings, specifications, construction documents, displays, graphic art, photographs, and other images and devices of any medium, including electronic data or files (collectively “Design Materials”), are instruments of GPI, and GPI shall retain an ownership and property interest therein, including copyrights. Upon payment in accordance with the Agreement, GPI grants Client a perpetual, non-exclusive, royalty-free license to use the Design Materials for the sole purpose of use at the Project. Reuse or modification of any such documents by Owner, without GPI’s express written consent, shall be at Client’s own risk, and Client agrees to defend, indemnify and hold GPI harmless from all claims, damages and expenses, including attorneys’ fees, arising out of such reuse or modification by Client or by others acting through Client. Client agrees that it shall not use the Design Materials or the name of GPI or its insignia or seal in any manner without GPI’s express written consent. 20. Digital Delivery: If desired, AutoCAD® or MicroStation® disks will be supplied for informational purposes only. Signed and sealed maps provided by GPI will be the documents of record of the services performed. Any discrepancies should be brought to our attention within ten (10) days. 21. Limitation of Liability: NEITHER PARTY WILL BE LIABLE TO EACH OTHER FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, LIQUIDATED, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT OR THE SERVICES PERFORMED HEREUNDER. IN NO EVENT SHALL GPI’S AGGREGATE LIABILITY TO CLIENT EXCEED THE AMOUNT OF AVAILABLE INSURANCE OR GPI’S FEES TO THE SERVICES PERFORMED HEREUNDER, WHICHEVER IS LESS. 22. Severability: If any of the provisions herein shall be invalid or unenforceable under applicable law, such

AVAILABLE INSURANCE OR GPI’S FEES TO THE SERVICES PERFORMED HEREUNDER, WHICHEVER IS LESS. 22. Severability: If any of the provisions herein shall be invalid or unenforceable under applicable law, such invalidity or unenforceability shall not invalidate or render these Terms and Conditions unenforceable, which shall be construed as if not containing the particular invalid or unenforceable provision, provided that the intent of the parties can be achieved in all material respects. 23. Governing Law: This Agreement shall be construed and governed in accordance with the laws in the state in which the Project is located. 24. Merger and Counterparts: This Agreement may be executed in counterparts and exchanged by facsimile, email or pdf, each of which shall be deemed an original and all of which, when taken together, constitute one and the same documents. This Agreement contains the complete, full and exclusive understanding of the parties and shall supersede any prior agreement between the parties. 25. Insurance: GPI will maintain the following insurance for the duration of the project: a. b. c. d. e. f. Commercial General Liability – Bodily Injury/Property Damage - $2,000,000 each occurrence and $4,000,000 in the aggregate. Worker’s Compensation – as per Statute. Premiums for additional insurance coverage required for work on or over the water will be charged to the project and are subject to reimbursement. Automobile Liability – in the amount of $1,000,000 each accident covering owned, non-owned, and hired vehicles. Excess/Umbrella – in the amount of $5,000,000. Professional Liability – in the amount of $1,000,000 each claim/ $2,000,000 in the aggregate. GPI will furnish to Client Certificates of Insurance upon request naming Client as an additional insured on the General Liability policy. 26. Contractor’s Responsibilities: GPI has no control over, charge of, or responsibility for construction. Client shall retain a qualified contractor, licensed in the jurisdiction of the project (“Contractor”), to Page | 5

Zayibeth Caraballo Director, Municipal Engineer Township of West Orange January 15, 2025 implement the construction of the project (“Work”). The Contractor shall coordinate, supervise and direct all aspects of the Work and shall be solely responsible for, and have control over, construction means, methods, techniques, sequences and procedures, safety, and security. To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold harmless Client, GPI, GPI’s subconsultants, and their respective directors, officers, employees and agents or any of them from and against all claims, damages, losses and expenses, including attorney’s fees, arising out of or in connection with the Contractor’s Work. Contractor shall provide insurance and shall name Client, GPI and GPI’s subconsultants as additional insured on Contractor’s Commercial General Liability Insurance policies. 27. Indemnification: a. b. c. GPI, subject to the limitation in Section 21 herein, agrees to hold the Client harmless from and against all claims arising out of the negligent professional acts, errors, and omissions of GPI in connection with the performance of the Services described in this Agreement. GPI shall not be responsible for the acts or omissions of the Client, Contractor or any third parties in connection with or arising out of the project. Client hereby holds harmless and indemnifies GPI against all claims, damages, costs, suits, expenses, and attorney’s fees which may be incurred by GPI which arise out of the foregoing. Expenses shall include, but not be limited to time charges by GPI’s employees at GPI’s then standard hourly fees. Client shall make no claim for professional negligent acts, errors, omissions and/or alleged breach of contract either directly or in a third party claim, against GPI unless the Client has first provided GPI with a written certification executed by an independent design professional practicing in the same discipline as GPI and licensed in the state in which the project for which GPI’s services were rendered is located. This certification shall: a) identify the name and license of the certifier; b) specify each and every act or omission that the certifier contends is a violation of the standard of care expected of a design professional performing professional services under similar circumstances; and c) state in complete detail the

n that the certifier contends is a violation of the standard of care expected of a design professional performing professional services under similar circumstances; and c) state in complete detail the basis for certifier’s opinion that each such act or omission constitutes a violation. This certificate shall be provided to GPI not less than thirty (30) calendar days prior to the presentation of any claim or the institution of any legal proceeding. 28. Force Majeure: If the performance of Services by Consultant is affected by causes beyond its reasonable control, force majeure shall result. Force Majeure includes acts of God, acts of a legislative, administrative, or judicial entity, governmental order, war, fires, floods, labor disputes, pandemic, COVID-19 and unusually severe or unanticipated weather which prevent Consultant from performing the Services hereunder (“Force Majeure”). Should a Force Majeure event occur, Consultant shall receive day-for-day Schedule relief based on the number of days the Force Majeure prevents Consultant from performing the Services. Consultant shall not be liable for failure to comply with any Force Majeure event. Page | 6

Zayibeth Caraballo Director, Municipal Engineer Township of West Orange January 15, 2025 HOURLY BILLING RATES Effective January 1, 2025 – December 31, 2025 WEST ORANGE TOWNSHIP PROFESSIONAL ENGINEER $ 190.00 SENIOR PROJECT MANAGER, ENGINEERING $ 165.00 SENIOR DESIGNER $ 125.00 DESIGNER $ 95.00 INSPECTOR $ 105.00 ENGINEERING TECHNICIAN $ 85.00 PROFESSIONAL LAND SURVEYOR $ 170.00 SENIOR PROJECT MANAGER, SURVEYING $ 150.00 PROJECT SURVEYOR $ 135.00 SURVEYING TECHNICIAN $ 105.00 PARTY CHIEF $ 110.00 INSTRUMENT PERSON $ 95.00 ADMINISTRATIVE SUPPORT $ 75.00 Rates Subject to Change Annually Page | 7

DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 12/10/2024 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). CONTACT Alyson Graziosi NAME: PHONE (A/C, No, Ext): 516-869-8788 E-MAIL ADDRESS: agraziosi@crpgrp.com PRODUCER PG Genatt Group LLC 3333 NEW HYDE PARK RD SUITE 409 NEW HYDE PARK NY 11042 FAX (A/C, No): 516-470-0338 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : XL Specialty Insurance Company GREENMAN INSURED Greenman-Pedersen, Inc. (Morris Plains) 301 Gibraltar Drive, Suite 2A Morris Plains NJ 07950 INSURER B : Everest National Insurance Company 37885 10120 INSURER C : North Pointe Insurance Company 27740 INSURER D : QBE Insurance Corporation 39217 10340 19489 INSURER E : Stonington Insurance Company INSURER F : Allied World Assurance Company (U.S.) Inc. CERTIFICATE NUMBER: 1993401002 COVERAGES 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. INSR LTR D ADDL SUBR INSD WVD Y Y TYPE OF INSURANCE X COMMERCIAL GENERAL LIABILITY CLAIMS-MADE X POLICY NUMBER 175000033 POLICY EFF POLICY EXP (MM/DD/YYYY) (MM/DD/YYYY) 12/31/2024 12/31/2025 OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: PROX LOC POLICY X JECT LIMITS EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) $ 2,000,000 MED

(MM/DD/YYYY) (MM/DD/YYYY) 12/31/2024 12/31/2025 OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: PROX LOC POLICY X JECT LIMITS EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) $ 2,000,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 4,000,000 PRODUCTS - COMP/OP AGG $ 4,000,000 $ OTHER: C Y AUTOMOBILE LIABILITY X ANY AUTO X OWNED AUTOS ONLY HIRED AUTOS ONLY X UMBRELLA LIAB $ 500,000 X Y 165000040 12/31/2024 12/31/2025 SCHEDULED AUTOS NON-OWNED AUTOS ONLY COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) $ 2,000,000 $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ B EXCESS LIAB E A F X Y OCCUR Y XC5CU00324241 12/31/2024 12/31/2025 CLAIMS-MADE X RETENTION $ DED 10,000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 $ Y 155000038 12/31/2024 12/31/2025 X Y/N Property Professional Liability PER STATUTE OTHER E.L. EACH ACCIDENT N/A $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT UM00082200MA24A 03141016 12/31/2024 12/31/2024 12/31/2025 12/31/2025 Valuable Papers Each Claim Aggregate $ 1,000,000 $150,000 $2,000,000 $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CANCELLATION 30 day notice applies CERTIFICATE HOLDER SAMPLE FOR INFORMATIONAL PURPOSES ONLY ACORD 25 (2016/03) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD

Zayibeth Caraballo Director, Municipal Engineer Township of West Orange January 15, 2025 CORNER MARKER AGREEMENT This agreement is made in connection with a survey of property known as Rock Spring Golf Course, Block 160.01, Lots 30 & 34, Block 160, Lots 2 & 10, Block 46.01, Lot 22, Township of West Orange, Essex County, New Jersey This is to advise that I/we have been made aware of my/our right to have corner markers set as part of a survey to be performed on the aforementioned property which is being purchased by me/us. In addition, I have been made aware of the potential impact of signing the waiver including (1) the possible need for a future survey as a result of physical improvements to the property, such as fence, addition, deck, pool, or shed; and (2) the potential inability of the ultimate user to identify the actual boundary of the property which could result in a boundary dispute with an adjoining property owner and/or property improvements not accurately situated on my/our property. Therefore: The right to have corner markers set is hereby waived, and Greenman-Pedersen, Inc. is directed to perform the land survey without the setting of corner markers as provided by the regulation N.J.A.C. 13:40-5.2 of the State Board of Professional Engineers and Land Surveyors. I/We do require corner markers to be set. I/We agree to the rate of $250.00 per marker, [a minimum order of three (3) markers ($750.00)]. I/We also understand that this fee is over and above the other survey costs. Name: (Signature of Ultimate User) (Print or Type Name of Ultimate User) Address: Telephone: Fax: Date: (Signature of Witness) (Print or Type Name of Witness) Witness Address: Please note that in accordance with N.J.A.C. 13:40-5.1(d), this form can only be signed by the Purchaser/Owner/Ultimate User of the Property and NOT by his/her attorney or any other agent. SURVEYOR CERTIFICATION: I hereby certify that I have: 1.) Advised the ultimate user of the impact of signing the corner marker waiver, which shall include, but not be limited to, the possible need for a future survey as a result of physical improvements to the property and the potential inability of the ultimate user to identify the actual boundary of the property; 2.) Reviewed the waiver to ensure that it was properly signed by the ultimate user and witnessed by a person other than a land surveyor;

ultimate user to identify the actual boundary of the property; 2.) Reviewed the waiver to ensure that it was properly signed by the ultimate user and witnessed by a person other than a land surveyor; and 3.) Performed a physical measurement of the property. New Jersey Licensed Land Surveyor/License No. Page | 8 Date