Supporting Documentation · Aug 12, 2025
188-25 Exhibit B_Executed Agreement-TAP_NJDOT_WO.pdf
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t any claim against MFS arising under this Agreement and the performance thereof shall be subject to non- binding mediation as a prerequisite to further legal proceedings. If the parties do not agree otherwise, then mediation shall proceed pursuant to AAA's procedures, but in no case shall MFS's ability to pursue outstanding invoices be subject to this mediation pre-condition. 18, RELIANCE BY OTHERS Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third-party against either the Client or MFS. Further, MFS and its consultants shall be entitled to use or rely upon design elements and information ordinarily or customarily furnished by the Client and others including but not limited to, specialty contractors, manufacturers, suppliers, and the publishers of technical standards, and therefore, to the fullest extent permitted by law, the Client agrees to defend, indemnify, and hold harmless MFS and MFS's consultants, parents, subsidiaries, affiliates, partners, officers, directors, shareholders, employees, and agents for any and all claims, damage obligations, liabilities, suits, demands, and loss, including attorneys’ fees and all other costs, expenses, and disbursements, to which MFS may be subject, actually or allegedly arising from or relating to (i) any unknown site condition or subterranean structures of which MFS does not have actual any errors, omissions, or inconsistencies in any data documents, records, or information provided to MFS by the Client or third parties; or (iii) the Client's unauthorized use or copyright violation of plans, reports, documents, and related materials prepared by MFS. In the event any part of this indemnification is void as a matter of law, then only that portion that is deemed void as a matter of law shall be stricken and the balance of this indemnification shall remain in full force and effect. 19. THIRD-PARTY CERTIFICATES MES shall not be required to sign any document no matter by whom requested that would result in MFS having to certify, guarantee, or warrant anything or offer any professional opinion or statement that MFS in its sole discretion finds unreasonable. Owner agrees not to make resolution of any dispute with MFS or payment of any amount due MFS in any way contingent upon MFS signing any such document. Initials: Date: Page 3 of & MS) MS
20. BONDING MES shall not provide or have any responsibility for surety bonding or insurance related advice, recommendations, counseling, or research or enforcement of construction insurance or surety bonding requirements. 21, ENTIRE AGREEMENT This Agreement (consisting of these Terms and Conditions, MFS's Fee Schedule, if applicable, and any Proposal which these Conditions accompany and of which they are part) constitutes the entire agreement between the parties, supersedes any and all prior agreements or representations of the parties to this agreement, and may not be modified, amended, or varied except by a document in writing signed by the parties hereto. Initials: Date: Page 4 of & MWAMES Contracts|MFS Tern 3 Conditisns FINALI2024 Term: Roreadocr Conditions\2024_MFS Schedule 2¢ Terms and Cond'tions_D9C_w-o Hourly
a ENGINEERS 5 & SURVEYORS § i i SUMMARY OF STAFFING CLIENT: Greenman-Pedersen, Inc. August 2, 2024 PROJECT: P.E, Phase Survey Services - NIDOT TAP 2023 MFS # NJ24060.001R1 Washington St. Corridor Improvement Project Phase 2 CURRENT DIRECT TITLE ASCE TASKS TOTAL HOURLY TECHNICAL GRADE 1 2) 3 5] HOURS RATE LABOR [Principal/Owner PIX 3 3) 1 0 0 7 $88.63 $620.41 [Project Manager a oo 5 ) 0 26] $70.42 $1,830.92 Senior Technician ETS, 237) sal $64.75 $3,496.50 Technician ET4 15 5 14 34) $42.14 $1,432.76, CAD Operator £73 ) 010 10) $19.23 _ $192.30 | Chief of Party ET4 30 80) 0 110] $47.26 $5,198.60 Instrument Person ET3 30,20, C) Et) | __ $35.25 $1,762.50 Rodperson E13 | d $27.93 $0.00 Clerical Salaries Clerical | d sa0s2] $0.00 TOTAL [111126 54 0 o| 291 $14,533.99 DIRECT EXPENSES: (Aerial Photography ee $0.00 PAYROLL] $14,533.99 |Aerial LIDAR a $0.00 164.01% OVERHEAD) — $23,837.20 ISubsistence days@ _ $200_per day| $0.00 18.00% FEE $2,616.12 Mileage 726 miles @ $0.67/mile $486.42 DIRECT EXPENSES $486.42 Closings - Lane Closings days @ $3,250 per day| $0.00 [Closings - Shoulder Closings days @ $2,450 per day| $0.00 [Closings - Shadow Truck days@ _ $975 per day| $0.00 TOTAL| _ $41,473.73 Materials, Postage etc $0.00 Other $0.00 Direct Expense Total:| $486.42 TASKS 1). Activity 3015 - Prepare Control Survey Report 2). Activity 3020 - Conduct Topographic Survey 3). Activity 3025 - Prepare Base Maps 4). 5). NJ24060.001 MFS SumSceee - NIDOT 2024.19 g/2/2024
FIXED FEE CALCULATION PROJECT: (We St Comdor 2 CONSULTANT: MFS |AGREEMENT OR CAM NO. PREPARED BY: (Scott Dey DATE: 8/2/2024 EVALUATE PROJECT SPECIFICS: Design Cost (or Task Order Design Co: will use Total Proj ISK based on its specific project tasks Each Subconsuitart » ign pants for SIZE COMPLEXITY. DURATION. & DEGR: |SPECIFICS CRITERIA POINTS RATING SIZE: SMALL - Total Fee (Project Design Cost) < $1,250,000 15 15 LARGE - Total Fee (Project Design Cost) > $1,250,000 20 |COMPLEXITY: SIMPLE - Limited Scope of Work; Deck Patching, Resurfacing, 10 410 Restoration, Concept Development, Studies, Surveys, Landscape, Inspections STANDARD - Moderate Scope; Rehabilitation, New, 15 or Reconstruction COMPLEX - Multi-disciplined, Highly Specialized, 20 or Major Unusual DURATION: STANDARD - Appropriate Schedule 15 15 AGGRESSIVE - Designers Schedule Reduced > 10 % 20 DEGREE OF RISK: LEVEL 1 - Low Risk of Claims; Limited Scope of Work, Deck 20 20 Patching, Resurfacing, Restoration, Concept Development, Studies, Surveys, Landscape, Inspections LEVEL 2 - Average Risk of Claims; Standard Complexity 30 or Level 1 with High Public Exposure LEVEL 3 - High Risk of Claims; Hazardous, Experimental, 40 or Bonus/Penaity Clauses [TOTAL RATING = 60 CALCULATE FEE: IPROJECT SPECIFICS FACTOR (Total Rating /100) = 0.60 FEE FACTOR (Project Specifics Factor x 0.30) = 0.18 DIRECT LABOR COSTS TOTAL FEE (Direct Labor Costs x Fee Factor) = $ 2,616 Fixed Fee Calculation Page 1 Revised 08/12/2015
State of Nets Jersey DEPARTMENT OF TRANSPORTATION P.O. Box 600 Trenton, New Jersey 08625-0600 PHILIP D. MURPHY FRANCIS K. O'CONNOR Governor Commissioner TAHESHA L. WAY Lt. Governor July 11, 2024 Ms. Lisa Lieb Corporate Finance Director MFS Consulting Engineers & Surveyor, DPC 2780 Hamilton Bivd. South Plainfield, NJ 07080 Dear Ms. Lieb: Based on our review of MFS Consulting Engineers & Surveyor, DPC’s submitted Overhead Statement for the year ended December 31, 2023, we have determined an overhead rate of 164.01 percent should be used for funding purposes on future contracts with the Department. In addition, in accordance with current Department policy, if FCCM is specifically identified in the cost proposals relating to the contract under which the cost is to be claimed, the audited FCCM rate of 0.64 percent should be used for all new contracts and extra work modifications. Furthermore, if MFS Consulting Engineers & Surveyor, DPC. plans to pursue construction inspection work with the Department, MFS Consulting Engineers & Surveyor, DPC. will need to provide the Department with additional documents to establish a field rate with the Department. In addition, the overhead rate proposed on this overhead letter expires on July 1, 2025. This rate is subject to audit verification. Our acceptance of this rate does not extend beyond contracts with the New Jersey Department of Transportation. Any other entity contracting with the firm is responsible for determining the acceptability of the overhead statement. Tf you have any questions, feel free to contact Miller Khalil at (609) 963-1921, or at miller.khalil@dot.nj.gov. Sincerely, Kachanrd Temmer Richard Temmer Manager, Bureau of External Audit
TOWNSHIP OF WEST ORANGE 25 LAKESIDE AVENUE, WEST ORANGE, N.J. 07052 DEPARTMENT OF ENGINEERING SUSAN McCARTNEY Tel/Fax: (973) 325-4160 Mayor Email: Engineering@westorange.org ZAYIBETH CARBALLO Director/Municipal Engineer April 25, 2025 Mayor and Township Council Municipal Building 66 Main Street West Orange, New Jersey 07052 RE: WASHINGTON STREET CORRIDOR IMPROVEMENT PROJECT (PHASE 2 FEDERAL PROJECT NO. 0671301 STATE JOB NO.: 6122316 Mayor McCartney, Council President Krakoviak and Council Members: The Engineering Department desires to increase pedestrian safety, accessibility, and walkability along Washington Street Corridor. The Washington Street Corridor Improvement Project will improve Washington Street from Main Street to High Street. The proposed improvements will include improved crosswalks, signage, new widened sidewalks and curbs, ADA compliant curb ramps, detectable warning surfaces, flashing speed limit signs, flashing pedestrian crossing signs, enhanced lighting, street trees, and trash receptacles. These improvements are being made to promote walking and better accommodate pedestrian transit as an alternate travel mode. Deficient curb ramps, concrete driveway aprons and sidewalks will be replaced to conform with ADA requirements. Proposed improvements will be consistent with previously completed streetscape projects by the Township. On August 7, 2023, the Federal Highway Administration (FHWA) authorized funding up to an amount of $199,070.68 for the Washington Street Corridor Improvement Project — Phase I from Main Street to High Street. On September 5, 2023, Resolution 330-23 authorized the Mayor and Municipal Clerk to execute a Federal Aid Agreement with the NJDOT. A design contract was awarded to Greenman-Pedersen, Inc. of Morris Plains, NJ to perform these Preliminary Engineering activities for Phase I of the project. On October 22, 2024, the (FHWA) authorized funding up to an amount of $155,437.29 for the Washington Street Corridor Improvement, Phase II from High Street to the limits with the City of Orange. This authorization was based on the scope of work and budget agreed upon by the West Orange Township and the Division of Local Aid. The scope of work in this authorization includes Preliminary Engineering (PE) Activities. Final Design Activities will be authorized once the Preliminary Engineering activities have
sion of Local Aid. The scope of work in this authorization includes Preliminary Engineering (PE) Activities. Final Design Activities will be authorized once the Preliminary Engineering activities have been completed. AN EQUAL OPPORTUNITY EMPLOYER www.westorange.ore
We are requesting that Mayor McCartney and the Municipal Clerk execute the enclosed Federal Aid Agreement for the Washington Street Corridor Improvement Project — Phase II. Enclosed, please find a Federal Aid Agreement and Resolution to authorize FHWA funding. If you have any questions on this, please contact me. Very truly yours, Biyilthe Corbell Zayibeth Carballo Director of Engineering/Municipal Engineer ZYC/itb ec: Susan McCartney, Mayor James P. Abbott, Interim BA/Chief of Police John Ditinyak, CFO Pete Smeraldo, Assistant BA Richard Trenk, Esq. John Burke, Esq. AN EQUAL OPPORTUNITY EMPLOYER www. westorange.org
133-25 May 6, 2025 RESOLUTION RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF WEST ORANGE, COUNTY OF ESSEX, STATE OF NEW JERSEY AUTHORIZING THE MAYOR AND CLERK TO EXECUTE A FEDERAL AID AGREEMENT WITH THE NJDOT WHEREAS, the Federal Highway Administration (FHWA) authorized funding up to an amount of $155,437.29 for Preliminary Engineering Activities for the Washington Street Corridor Improvement Project (Phase II) from High Street to the limits with the City of Orange; and WHEREAS, this authorization was based on the scope of work and budget agreed upon by the Township of West Orange and the NJDOT Division of Local Aid; and WHEREAS, the scope of work in this authorization includes Preliminary Engineering (PE) Activities, and Final Design Activities will be authorized once PE activities have been completed; and WHEREAS, it is necessary for the Township to enter a design contract between the Township of West Orange and Greenman-Pedersen, Inc. for the Preliminary Engineering (PE) Activities for Phase II of the Washington Street Corridor Improvement Project; and WHEREAS, work cannot begin until this funding agreement is executed by the NIDOT. NOW THEREFORE BE IT RESOLVED, by the Township Council of the Township of West Orange that the Mayor and Clerk are authorized to execute the attached Federal Aid agreement. BE IT FURTHER RESOLVED that the Clerk is hereby directed to retum three (3) original signed and sealed copies of the attached agreement along with three (3) original signed/sealed Resolutions for execution by the Department of Transportation. BE IT FURTHER RESOLVED that the NJDOT will receive an initial billing (payment voucher) from the Township for the design project no later than 3 months after the NJDOT has concurred in the award of the construction contract, and will receive subsequent billings in accordance with the terms of the agreement. Attest and Affix Seal: ra Joe Krakoviak Miinicipal Clerk Council President Adopted: May 6, 2025
133-25 May 6, 2025 RESOLUTION RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF WEST ORANGE, COUNTY OF ESSEX, STATE OF NEW JERSEY AUTHORIZING THE MAYOR AND CLERK TO EXECUTE A FEDERAL AID AGREEMENT WITH THE NJDOT WHEREAS, the Federal Highway Administration (FHWA) authorized funding up to an amount of $155,437.29 for Preliminary Engineering Activities for the Washington Street Corridor Improvement Project (Phase II) from High Street to the limits with the City of Orange; and WHEREAS, this authorization was based on the scope of work and budget agreed upon by the Township of West Orange and the NJDOT Division of Local Aid; and WHEREAS, the scope of work in this authorization includes Preliminary Engineering (PE) Activities, and Final Design Activities will be authorized once PE activities have been completed; and WHEREAS, it is necessary for the Township to enter a design contract between the Township of West Orange and Greenman-Pedersen, Inc. for the Preliminary Engineering (PE) Activities for Phase II of the Washington Street Corridor Improvement Project; and WHEREAS, work cannot begin until this funding agreement is executed by the NIDOT. NOW THEREFORE BE IT RESOLVED, by the Township Council of the Township of West Orange that the Mayor and Clerk are authorized to execute the attached Federal Aid agreement. BE IT FURTHER RESOLVED that the Clerk is hereby directed to return three (3) original signed and sealed copies of the attached agreement along with three (3) original signed/sealed Resolutions for execution by the Department of Transportation. BE IT FURTHER RESOLVED that the NJDOT will receive an initial billing (payment voucher) from the Township for the design project no later than 3 months after the NIDOT has concurred in the award of the construction contract, and will receive subsequent billings in accordance with the terms of the agreement. Attest and Affix Seal: rhA ; d N OU Hi a a yd dL Ay S “Karin Carnevale, RMLC. Joe Krakoviak Municipal Clerk Council President Adopted: May 6, 2025 1 HEREBY CERTIFY the tobe
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- Sep 29, 2026
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