101-25 Exhibit A-Proposal.pdf

Matrix New World Engineering, Land Surveying and Landscape Architecture, P.C. 26 Columbia Turnpike Florham Park, NJ 07932 973.240.1800 Fax 973.240.1818 www.mwne.com September 19, 2022 Revised April 23, 2024 Via Email (zcarballo@westorange.org) Township of West Orange 66 Main Street West Orange, New Jersey 07052 Attention: Zayibeth Carballo RE: PROFESSIONAL SERVICES PROPOSAL PROPERTY LOCATED AT 4 TOMPKINS STREET 4 TOMPKINS STREET BLOCK 7, LOT 22 WEST ORANGE, ESSEX COUNTY, NEW JERSEY NJDEP SRP PI NO. 757936 MATRIX NO. 22-0745 Dear Ms. Carballo: Matrix New World Engineering, Land Surveying and Landscape Architecture, PC (Matrix) is pleased to submit the following proposal to the Township of West Orange (Client). This proposal encompasses professional site remediation services as requested for the above-referenced property located (the Site). The proposed Scope of Services described below are based on the NJDEP requirements set forth in the Heating Oil Tank System Remediation Rules (N.J.A.C. 7:26F), Administrative Requirements for the Remediation of Contaminated Sites (ARRCS; N.J.A.C. 7:26C), the Technical Requirements for Site Remediation (TRSR; N.J.A.C. 7:26E), NJDEP Field Sampling Procedures Manual (FSPM, November 2022 edition), and applicable NJDEP guidance documents. INTRODUCTION During a 2017 geophysical investigation at the Site a previously unidentified underground storage tank (UST) was identified. The UST is located in the south-central portion of the lot and the anomaly identified during the geophysical investigation was measured to be approximately 6-feet by 10-feet in size, which indicates a potential 1,000-gallon UST. The size, structure, and contents of the UST were not confirmed and there is no available documentation as the UST does not appear to be registered with NJDEP. Based on the historical use of the site as a residence, the UST is assumed to have been used for heating purposes. A review of historical aerial photographs indicates a structure has not been present on the parcel since at least 1974. No staining was observed in the immediate area where the UST was identified. In April 2017 soil samples collected around the perimeter of the UST did not identify detections of Extractable Petroleum Hydrocarbons (EPH). However, as the UST is not currently in-use, the tank needs to be closed in accordance with NJDEP requirements. In addition to the

not identify detections of Extractable Petroleum Hydrocarbons (EPH). However, as the UST is not currently in-use, the tank needs to be closed in accordance with NJDEP requirements. In addition to the UST, the Site is located in area that is identified by the NJDEP as mapped historic fill. A review of available historical Sanborn® Maps showed that entirety of the Site was identified as Marsh Land. The potential presence of historic fill at the Site warrants further investigation.

SCOPE OF SERVICES The scope of services and associated fee is described in detail below: ITEM 1: UHOT CLOSURE ACTIVITIES Matrix will provide oversight activities of the unregulated heating oil tank (UHOT) removal and closure activities. For estimation purposes, it is assumed the closure activities will be completed in two (2) days. Matrix will retain a licensed tank removal contractor to properly decommission the UHOT in accordance with applicable regulations and NJDEP guidance documents. The UHOT will be uncovered, cleaned, removed, and set on poly sheeting for inspection by local official. Once inspection has been conducted, the UHOT will be properly disposed. For purposes of this proposal and based on the previous sampling results, it is assumed no impacted soil will be removed for off-site disposal. The UST excavation will be backfilled with clean overburden and approximately 15 tons of imported certified clean fill backfill material. Costs are also included for disposal of up to 500 gallons of oil and residuals by vacuum truck. Upon removal of the tank, Matrix will collect post-excavation soil samples for laboratory analysis, described below. If no groundwater is encountered, soil samples will be collected, every 5 feet, along the centerline of the tank invert (two samples). In addition, four sidewall samples will be collected from the excavation and placed on hold, pending the results of the centerline samples. If groundwater is encountered within the excavation, only the sidewall samples will be collected and will be automatically analyzed. All soil samples will be submitted for laboratory analysis for Category 2 extractable petroleum EPH with contingent analysis for polycyclic aromatic hydrocarbons (PAHS) on 25% of those samples were EPH is detected at a concentration above 100 milligrams per kilogram (mg/kg), pursuant to N.J.A.C. 7:26E-2.1. For the purposes of this proposal, it is assumed that up to six (6) soil samples will be submitted for total EPH analysis and up to two (2) soil samples will be further analyzed for PAHs. All samples will be submitted for analysis to a NJDEP-certified laboratory on a standard turn-around time. Note: Based on the findings of the UHOT removals, further investigation and/or remediation may be warranted. This proposal does not include costs associated with additional investigation/remediation services. Estimated Cost

ings of the UHOT removals, further investigation and/or remediation may be warranted. This proposal does not include costs associated with additional investigation/remediation services. Estimated Cost (Time and Material) Item 1 $14,700.00 ITEM 2: HISTORIC FILL EVALUATION In order to evaluate the potential presence of historic fill material at the Site, Matrix will install two test pits within the suspected historic fill area to a depth of two feet below the fill material to determine the vertical and general horizontal extent of the fill. Matrix will collect two soil samples (one from each test pit), in accordance with the NJDEP Historic Fill Material Technical Guidance document dated April 2013. One sample will be submitted for Target Analyte List (TAL) Metals and PAHs. The second sample will be analyzed for EPH and the full Target Compound List/Target Analyte List (TCL/TAL) analytical suite. For the purposes of this proposal, it is assumed the historic fill samples will be collected during the UST closure activities. Estimated Cost (Time and Material) Item 2: $3,400.00

ITEM 3: REPORTING Matrix will prepare a Remedial Action Report (RAR) in accordance with N.J.A.C. 7:26E-5.7. The report will document the field activities, results, findings and conclusions of the UHOT closure activities. The report will include laboratory reports, analytical summary tables, and maps that document the sample locations and results. Based on the findings of the remedial activities, recommendations will be provided for additional investigation and/or remedial action, if warranted. Matrix will also prepare the required UHOT System Remediation Form. On behalf of Client, Matrix will submit the UHOT form, RAR, and required $400 fee to the NJDEP. A separate summary report will be prepared for client detailing the findings from the historic fill evaluation. The summary letter will include data summary tables, a map depicting the sample locations, analytical summary tables, and recommendations to address the presence of historic fill at the Site, if necessary. Estimated Cost (Time and Material) Item 3: $14,600.00 Total Estimated Cost: $33,700.00 CLOSING Any item listed above which is not ordered will not be billed. Separate authorization from the client will be requested prior to commencing services outside the scope of this proposal. All reimbursable expenses including, but not limited to, application fees, laboratory testing costs, mylar copies, certified mailings, photographs, blueprints, and special deliveries are considered additional to the proposal items unless specifically noted within the scope of this proposal. The terms and conditions of this proposal are subject to the attached Matrix Terms and Conditions for Professional Services. A current Fee Schedule is also attached. This proposal is submitted solely and exclusively for the use of Ports America for consideration of the professional services of Matrix. Disclosure of this proposal’s content to any third party without prior written authorization from Matrix is expressly prohibited. In addition to the specific items as listed herein, the client may be required to demonstrate compliance with certain permit and approval conditions as may be imposed by one or more of the regulatory agencies. These conditions may require revisions to the plans and/or preparation of additional supporting documentation. This proposal does not include these additional items unless specifically outlined within the

e conditions may require revisions to the plans and/or preparation of additional supporting documentation. This proposal does not include these additional items unless specifically outlined within the scope of this proposal. PAYMENT SCHEDULE Payment shall be in accordance with the Charges, Billing, and Payment schedule outlined in the Terms and Conditions attached to this proposal unless prior written arrangements have been made with Matrix. Please indicate your acceptance of this proposal by signing in the space provided below and returning one copy to this office. Acceptance of this proposal signifies the clients’ understanding that Matrix will not be retained or asked to perform any services unless funding is secured and is available to pay all invoices within thirty (30) days. Receipt of the signed proposal shall be considered authorization to proceed with all items described within this agreement. Any items not intended to be authorized shall be clearly and specifically noted as such within the client's signed and returned proposal.

We thank you for the opportunity to submit this proposal. Please feel free to contact me directly with any questions or comments regarding the scope or fees as indicated at (973) 240-1800 or via email to amolnar@mnwe.com. Sincerely, Allison Molnar Patrick J. Moore, LSRP Project Manager Project Manager Enclosures: Matrix Terms and Conditions & Fee Schedule ACCEPTED BY NAME: Signature Print Name TITLE: COMPANY: DATE: The above signed represents that they have read and understand the attached Terms and Conditions and have the authority to enter into this agreement on behalf of the client named above. The above signed also acknowledges that this contract includes a Limitation of Liability Clause as part of the Terms and Conditions.

1 TERMS AND CONDITIONS FOR PROFESSIONAL SERVICES Matrix New World Engineering, Land Surveying and Landscape Architecture, PC Section 1: SERVICES Matrix New World Engineering, Land Surveying and Landscape Architecture, PC (Matrix) agrees to perform the professional services (the “Services”) as described in the Proposal incorporated herein by reference for the CLIENT on a best efforts, time and materials basis, consistent with the applicable standard of care, under the terms and conditions set forth below. Matrix reserves the right to amend the contents of the Proposal, if written authorization is not received within 90 days. These Terms and Conditions together with the Proposal constitute the agreement between Matrix and the CLIENT for the Services (the “Agreement”). Section 2: COMPENSATION The CLIENT shall be responsible for all costs specifically enumerated in the proposal. For any costs set forth in the proposal as an estimated range, Matrix shall provide CLIENT with an exact cost as soon as it can be determined. CLIENT shall also be responsible for any REIMBURSABLE COSTS not specifically set forth in the proposal. REIMBURSABLE COSTS include: out-of- pocket expenses, the cost of which shall be charged at actual cost plus an administrative charge of fifteen percent (15%) and shall be itemized and included in the invoice. Typical out-of-pocket expenses shall include, but not be limited to, travel expenses (lodging, meals, etc.), job-related mileage at the prevailing IRS mileage rate, long distance telephone calls, printing and reproduction costs, and survey supplies and materials. Section 3: CLIENT'S OBLIGATIONS To assist Matrix in performance of the Services, CLIENT shall provide Matrix with appropriate material, data and information in its possession pertaining to the specific project or activity. Matrix shall be entitled to rely upon the accuracy and completeness of services and information furnished by the CLIENT and CLIENT’s consultants. The CLIENT will advise Matrix of the nature and extent of any hazardous waste at the site. If Matrix discovers after it undertakes the Services that the site is of a different nature of hazard as defined by the client, or if unanticipated hazards are presented, the CLIENT and Matrix agree that the scope of services, schedule and estimated budget fee shall be adjusted as needed to complete the work without injury or

or if unanticipated hazards are presented, the CLIENT and Matrix agree that the scope of services, schedule and estimated budget fee shall be adjusted as needed to complete the work without injury or damage. Unless otherwise specifically provided in this agreement, Matrix and its consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxic substances in any form at the project site. Section 4: INVOICE PROCEDURE AND PAYMENT Matrix will submit invoices to the CLIENT monthly and a final bill upon completion of the Services. Payment is due thirty (30) days from invoice date. CLIENT agrees to pay a finance charge of one and one-half percent (1.5%) per month, or the maximum rate allowed by law on past due accounts. CLIENT will be liable for all collection and court costs, disbursements, staff time expended for court appearances and depositions, and attorney's fees incurred in the collection of any outstanding invoices. Section 5: OWNERSHIP OF DOCUMENTS All survey notes, drawings, bills of materials, specifications, blueprints, reports, calculations, and all other material prepared by Matrix and its consultants in connection with the specific project, including those in electronic form, are Instruments of Service to be used solely with respect to this Project. Matrix and its consultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law, statutory and other reserved rights including copyright. Upon execution of Agreement, Matrix grants to CLIENT a non-exclusive license to reproduce the Instruments of Service solely for the purposes of constructing, using, and maintaining the Project, provided that CLIENT shall comply with all obligations, including prompt payment of all sums when due, under this Agreement. CLIENT shall not assign, delegate, sub-license, pledge or otherwise transfer any license granted herein to any other party without the prior written agreement of Matrix. Any unauthorized use and/or use of the Instruments of Service in violation of this Agreement, shall be at CLIENT’S sole risk and without liability to Matrix and its consultants, and CLIENT shall defend and indemnify MATRIX and its consultants against any claim and damages arising from such unauthorized use. The terms of this Section shall

bility to Matrix and its consultants, and CLIENT shall defend and indemnify MATRIX and its consultants against any claim and damages arising from such unauthorized use. The terms of this Section shall apply unless and until it is adjudged by a court of competent jurisdiction that CLIENT rightfully terminated this Agreement for cause under Section 19. If and upon the date that Matrix is adjudged in default of this agreement by a court of competent jurisdiction, the foregoing license shall be deemed terminated and replaced by a second, nonexclusive license permitting CLIENT to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections, or additions to the Instruments of Service solely for purposes of completing, using and maintaining the Project. If set forth in the Proposal, the Instruments of Service shall become the co-owned property of the CLIENT and shall be transferred to the CLIENT upon completion of the project and upon receipt of complete payment for the scope of work outlined in the Proposal. Matrix may retain a single copy of such information and documents. Section 6: CONFIDENTIALITY Matrix agrees to keep confidential and not to disclose to any person or entity, other than Matrix's employees and subcontractors, without the prior consent of the CLIENT, all data and information not previously known to and generated by Matrix, or furnished to Matrix and marked CONFIDENTIAL by the CLIENT in the course of Matrix's performance hereunder; provided, however, that this provision shall not apply to data which are in the public domain, or were previously known to Matrix, or were acquired by Matrix independently from third parties not under obligation to CLIENT to keep said data and information confidential. CLIENT shall not restrict Matrix from complying with an order to provide information or data when such order is issued by a court, administrative agency or other authority with proper jurisdiction. The technical and pricing information contained in any proposal submitted by Matrix as to this project, or in the Agreement or any addendum thereto, is