Township Council Meeting — Packet

Request for Proposals:Stop Control and All Way Stop Analysis West Orange Township, Essex County, New Jersey BVE Prop# 241193 October 18, 2024 Page 3 of 10 TASK 2 – ALL WAY STOP ANALYSES Consistent with the information requested in the RFP, an All-Way stop analysis will be completed at the following intersections to determine the most appropriate traffic control measures. Specifically, the following intersections will be analyzed: 1. Lowell Ave, Mountain Way & Luddington Rd 2. Mississippi Ave & Maple St 3. Dartmouth Rd & Winding Way To accomplish this, BVE will undertake the following tasks: 1. Conduct a field visit to evaluate existing intersection geometry, observe traffic patterns, review available sight distance and identify other deficiencies within the study area. 2. Review existing crash history based on information available from NJDOT’s Safety Voyager system as well as crash reports provided by West Orange Township. 3. Perform intersection turning movement counts at the intersection from 6:00 AM to 7:00 PM on a mid-week weekday (Tuesday, Wednesday or Thursday) when schools are in regular session to establish existing intersection volumes. 4. Conduct an All-Way stop warrant analysis in accordance with section 2B.12 of the 11 th Edition of the MUTCD. 5. Perform peak hour level of service analysis for the intersection under existing conditions and with any recommended changes. 6. Prepare a report of findings for each intersection which will include information reviewed, results of the All-Way stop analysis and a recommendation for next steps. 7. Attendance at one in person or virtual meeting with the Township to discuss the findings of the reports identified above. SCHEDULE Work will begin upon notice to proceed; we anticipate providing our findings within four weeks of the start of work, provided notice to proceed permits traffic counts to be scheduled within one week of notice to proceed. 70 South Orange Avenue, Suite 109 Livingston, New Jersey 07039 C: (732) 236-7557 T: (973) 228-0999 F: (201) 753-3904 BrightViewEngineering.com P.O. Box 99 Roseland, NJ 07068

Request for Proposals:Stop Control and All Way Stop Analysis West Orange Township, Essex County, New Jersey BVE Prop# 241193 October 18, 2024 Page 4 of 10 MEETINGS AND ADDITIONAL SERVICES ALL additional meetings (except the meeting identified above) and additional services requested by you will be billed at our standard rates as outlined in our Business Terms and Conditions. This includes preparation of additional access concepts and/or analysis and the development of additional reports if required. Attendance at Planning/Zoning Board meetings and other public meetings where expert testimony is required will be billed in accordance with the Schedule of Hourly Rates in effect at the time the meetings are held. Attendance at agency and project coordination meetings will be billed in accordance with the Schedule of Hourly Rates in effect at the time the meetings are held. Colored renderings, if requested for Board presentation, and meeting preparation time will be billed on an hourly basis. Please be reminded that traffic counts must be done when school is in normal session. SCHEDULE OF FEES The Fee Proposal includes all of the tasks outlined in the Scope of Services. Based upon the foregoing scope of services and assumption that all services will be awarded for each task as one contract, we offer the following Fee. As you know, we can only estimate the effort needed for this project. If any task should take significantly longer than estimated to perform the services, or if unforeseen conditions occur, we may require additional compensation. TASK 1 - Stop Control Analyses (14 Intersections) All Way Stop Analyses (3 Intersections) Meeting (1) GRAND TOTAL Additional Meetings and Additional Services $7,000 $7,800 $ 800 $15,600 HOURLY The fees above include the completion of services as outlined in the scope of services. Bright View Engineering reserves the right to modify this proposal based upon final acceptance of your office. This Scope of Service is subject to the terms, conditions and exclusions as noted herein. Hourly Rates and reproduction costs will be in accordance with the attached Schedule of Hourly Rates and fees. If extra services become necessary then Bright View Engineering may prepare an addendum to this agreement for your review, outlining the scope of additional services and associated professional fees with regard to the extra service. 70

hen Bright View Engineering may prepare an addendum to this agreement for your review, outlining the scope of additional services and associated professional fees with regard to the extra service. 70 South Orange Avenue, Suite 109 Livingston, New Jersey 07039 C: (732) 236-7557 T: (973) 228-0999 F: (201) 753-3904 BrightViewEngineering.com P.O. Box 99 Roseland, NJ 07068

Request for Proposals:Stop Control and All Way Stop Analysis West Orange Township, Essex County, New Jersey BVE Prop# 241193 October 18, 2024 Page 5 of 10 EXCLUSIONS AND UNDERSTANDINGS Services relating to the following items are not anticipated for the project or cannot be quantified at this time. Therefore, any service associated with the following items is specifically excluded from the scope of professional services within this agreement:        Services not specifically outlined above in Section I; Meetings (1 meeting is included); Survey, Base maps, Site Plans, Drainage Calculations; Traffic Control Plans for site work / utility connections; Comment resolution or comment response; Any additional permits requested by any agency; All out-of-pocket expenses including, but not limited to, application fees, permit fees laboratory testing costs, mylar copies, certified mailings, photographs, blueprints, and special deliveries will be charged at cost and passed on to you for payment. If an item listed herein, or otherwise not specifically mentioned within this agreement, is deemed necessary Bright View may prepare an addendum to this agreement for your review, outlining the scope of additional services and associated professional fees with regard to the extra services. 70 South Orange Avenue, Suite 109 Livingston, New Jersey 07039 C: (732) 236-7557 T: (973) 228-0999 F: (201) 753-3904 BrightViewEngineering.com P.O. Box 99 Roseland, NJ 07068

Request for Proposals:Stop Control and All Way Stop Analysis West Orange Township, Essex County, New Jersey BVE Prop# 241193 October 18, 2024 Page 6 of 10 SECTION II – BUSINESS TERMS AND CONDITIONS Bright View Engineering LLC agrees to provide professional services under the following terms and conditions: The term Client referenced herein is the person, persons, corporation, partnership, or organization referenced in the proposal between Bright View Engineering LLC and said Client. 1.0 SCOPE OF SERVICES: Services not set forth in the Scope of Services, are excluded from the Scope of Services, and Bright View Engineering LLC will assume no responsibility to perform such services under the base contract. In situations where a written contract is not executed or where additional services becomes necessary during the course of the project, Bright View Engineering LLC may provide such services using our Technical Staff Hourly Rate Schedule in effect at the time of services. The hourly rates listed in our Technical Staff Hourly Rate Schedule are adjusted semi-annually and the Client shall be billed at the rates that are in effect at the time of service. Since there are substantial costs to stop and restart a project once it is underway, should a project’s progress be halted at any time by the client, for any reason, Bright View Engineering LLC reserves the right to charge a restart fee and/or to renegotiate the remaining fees within the contract. These Business Terms and Conditions are applicable for any additional professional services rendered for this project including, but not limited to, change orders, client service authorization forms, etc. 2.0 STANDARD OF CARE: In performing services, we agree to exercise professional judgment, made on the basis of the information available to us, and to use the same degree of care and skill ordinarily exercised in similar circumstances and conditions by reputable consultants performing comparable services in the same locality. This standard of care shall be judged as of the time the services are rendered, and not according to later standards. Reasonable people may disagree on matters involving professional judgment and, accordingly, a difference of opinion on a question of professional judgment shall not excuse a Client from paying for services rendered. NO OTHER REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, IS

, accordingly, a difference of opinion on a question of professional judgment shall not excuse a Client from paying for services rendered. NO OTHER REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, IS MADE. 3.0 INVOICES: Bright View Engineering LLC bills its Clients on a monthly basis using a standard invoice format. This format provides for a description of services performed and a summary of professional fees, expenses, and other charges. For more detailed invoicing requests, Bright View Engineering LLC reserves the right to charge for invoice preparation time by staff members. Monthly invoices will be submitted based upon percentage of services completed and reimbursable expenses. Any comments or discrepancies, relative to invoices shall be submitted in writing within fourteen (14) days or the account will be considered correct. For professional services billed on an hourly basis, Bright View Engineering LLC reserves the right to invoice all overtime services performed by our employees using our Technical Staff Hourly Rate Schedule in effect at the time of services at ONE AND ONE-HALF TIMES our standard hourly rate for those employees. Expenses incurred for services, equipment, and facilities not furnished by Bright View Engineering LLC are charged to the Client at cost plus an up charge not to exceed 15 percent of the invoice for said services. Client shall pay Bright View Engineering LLC for reimbursable expenses, including, but not limited to, application fees, printing and reproduction, courier and express delivery service, special/overnight mailings, facsimile transmissions, specialized equipment and laboratory charges, and costs of acquiring materials specifically for the Client. Reimbursable charges will be added to each monthly invoice and are part of Client’s responsibility. 4.0 PAYMENT: Bright View Engineering LLC bills are payable in full UPON RECEIPT and payment is expected within thirty (30) days. We reserve the right to assess a late charge of 1.5 percent per month for any amounts not paid within 45 days of the billing date. In the event payment is not made according to the terms and conditions herein, the matter may proceed to a collections agency or to an attorney for collection. Client shall be responsible for fees charged by the collections agency and/or attorney’s fees incurred to collect the monies owed. Should the matter proceed to

agency or to an attorney for collection. Client shall be responsible for fees charged by the collections agency and/or attorney’s fees incurred to collect the monies owed. Should the matter proceed to court, client shall also be responsible for court costs. In addition, where payment is not received in accordance with the terms of this contract, Bright View Engineering LLC reserves the right to withdraw any applications too federal, state, or local regulatory agencies / boards filed on behalf of the client with the understanding that these applications are the property of Bright View Engineering LLC Bright View Engineering LLC will provide you with written notification two (2) weeks prior to taking any action to withdraw an application submitted on behalf of the client. If payment of all outstanding invoices is not received within two (2) weeks of receipt of this letter, Bright View Engineering LLC will withdraw all pending applications for the project. 5.0 RETAINER: Bright View Engineering LLC reserves the right to request a retainer from the Client prior to the commencement of services on a project. While retainers are collected prior to the start of a project, the retainer is held to the end of the project and will be applied to the final invoices. Retainers are not applied to the beginning of the project. 6.0 RIGHT OF ENTRY/JOBSITE: Client will provide for right of entry for Bright View Engineering LLC personnel and equipment necessary to complete our services. While Bright View Engineering LLC will take all reasonable precautions to minimize any damage to the property, it is understood by the Client that in the normal course of our services some damage may occur, the correction of which is not part of this Agreement. Client shall furnish or cause to be furnished to Bright View Engineering LLC all documents and information known to the Client that relate to the identity, location, quantity, nature, or characteristics of any hazardous or toxic substances at, on, or under the site. In addition, the Client will furnish or cause to be furnished such other information on surface and subsurface site conditions required by Bright View Engineering LLC for proper performance of its services. Bright View Engineering LLC shall be entitled to rely on the accuracy and completeness of Client provided documents and information in performing the services required under

rformance of its services. Bright View Engineering LLC shall be entitled to rely on the accuracy and completeness of Client provided documents and information in performing the services required under this Agreement and Bright View Engineering LLC assumes no responsibility or liability for their accuracy or completeness. Bright View Engineering LLC will not direct, supervise, or control the work of Client’s contractors or their subcontractors. Bright View Engineering LLC shall not have authority over or responsibility for the construction means, methods, techniques, sequences, or procedures and Bright View Engineering LLC ’s services will not include a review or evaluation of the contractors (or subcontractor’s) safety precautions, programs or measures. 70 South Orange Avenue, Suite 109 Livingston, New Jersey 07039 C: (732) 236-7557 T: (973) 228-0999 F: (201) 753-3904 BrightViewEngineering.com P.O. Box 99 Roseland, NJ 07068

Request for Proposals:Stop Control and All Way Stop Analysis West Orange Township, Essex County, New Jersey BVE Prop# 241193 October 18, 2024 Page 7 of 10 Bright View Engineering LLC shall be responsible only for its activities and that of its employees on any site. Neither the professional activities nor the presence of Bright View Engineering LLC or its employees or subcontractors on a site shall imply that Bright View Engineering LLC controls the operations of others, nor shall this be construed to be an acceptance by Bright View Engineering LLC of any responsibility for jobsite safety. 7.0 UTILITIES: In the execution of our services, Bright View Engineering LLC will take reasonable precautions in accordance with the professional standard of care to avoid damage or injury to subterranean structures or utilities. The Client agrees to hold Bright View Engineering LLC harmless and defend and indemnify Bright View Engineering LLC for any claims or damages to subterranean structures or utilities, which have not been marked-out under the One-Call system or are not shown or are incorrectly shown on the plans furnished. 8.0 TERMINATION OR SUSPENSION OF SERVICES: Should Client fail to make payments when due or is otherwise in material breach of this Agreement, Bright View Engineering LLC at their election may suspend services at any time after PROVIDING WRITTEN NOTICE TO THE CLIENT until payments are brought current. Bright View Engineering LLC shall have no liability whatsoever to the Client for any costs or damages as a result of such suspension and the Client agrees to indemnify and hold Bright View Engineering LLC harmless from any claim or liability resulting from such suspension. This Agreement may be terminated by either party upon seven (7) days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof. Such termination shall not be effective if that substantial failure has been remedied before expiration of the period specified in the written notice. In the event of termination, Bright View Engineering LLC shall be paid for service performed to the termination notice date plus reasonable termination expenses. In the event of termination, or suspension for more than three (3) months, prior to completion of all services contemplated by the Agreement, Bright View Engineering LLC may complete such

on expenses. In the event of termination, or suspension for more than three (3) months, prior to completion of all services contemplated by the Agreement, Bright View Engineering LLC may complete such analyses and records as are necessary to complete its files and may also complete a report on the services performed to the date of notice of termination or suspension. The expenses of termination or suspension shall include all direct costs of Bright View Engineering LLC in completing such analyses, records, and reports. 9.0 SUBCONTRACTORS: Bright View Engineering LLC prefers that its Clients directly retain other contractors whose services are required in connection with field services for a project (e.g., drillers, analytical laboratories, transporters, etc.), except in unusual circumstances. As a service, we will advise Clients with respect to selecting other such contractors and will assist Clients in coordinating and monitoring their performance. In no event will we assume any liability or responsibility for the work performed by other contractors, or for their failure to perform any work, regardless of whether we hire them directly as subcontractors, or only coordinate and monitor their work. When Bright View Engineering LLC does engage a subcontractor on behalf of the Client, the expenses incurred, including rental of special equipment necessary for the work, will be billed as they are incurred, at cost plus an up-charge not to exceed 20 percent of the invoice. By engaging us to perform services, you agree to defend, indemnify, and hold Bright View Engineering LLC its directors, officers, employees, and other agents harmless from and against any and all claims, losses, liabilities, damages, demands, costs, or judgments arising out of or relating in any way to the performance or non-performance of work by another contractor or subcontractor. In addition, Client agrees to pursue recovery of and assert any claims based upon its loss, expenses and/or damages solely and directly against those contractors or subcontractors. In consideration of such indemnity and waiver, Bright View Engineering LLC agrees to assign its rights and/or claims against those contractors or subcontractors pursuant to the contractors’ or subcontractors’ agreements with Bright View Engineering LLC to the Client. 10.0 AGREED REMEDY: Bright View Engineering LLC shall be liable to the