Township Council Meeting — Packet

£2PM E2 Project Management LLC. 87 Hibernia Avenue, Rockaway, NJ 07866, Tel: 973-299-5200; Fax; 973-299-5059 www.e2pm.com January 10, 2025 Zayibeth Carballo P.E., P.LS. Director/Municipal Engineer Township of West Orange Department of Engineering 25 Lakeside Avenue, West Orange, New Jersey 07052 Email: zcarballo@westorange.org Re: RFQ Response ~ Green Acres Survey Montclair Golf Club (a.k.a, Rock Spring Golf Course) 90 Rock Spring Rd, West Orange, NJ 07052 E2PM Proposal # M-25-04 Dear Ms. Carballo, E2 Project Management LLC (E2PM) is pleased to provide you with our proposal for professional land surveying services in support of the “Green Acres Survey for Rock Spring Golf Course.” Thank you for your invitation to respond to this project. Project Understanding It is understood that the Department of Engineering for the Township of West Orange requests proposals from firms which can prepare the necessary survey materials required to be submitted to New Jersey Department of Environmental protection (NJDEP) as part of Green Acres Grant announcement by letter dated December 12, 2024. It is also understood that the Township intends to submit Survey materials 90 days after signing the contract, which requires survey materials be prepared in an expediated process to meet the deadline requirements. As clearly mentioned in the RFP, it is expected that if chosen for this project, E2PM would be required to performs all surveying services in accordance the NJDEP Green Acres Program under the “Surveys for Local Governments and Nonprofits" guidelines clearly defined at this source https://dep.nj.gov/greenacres/survey-section-local-and- nonprofit-surveys/ / https://dep.nj.gov/greenacres/survey-section-standard-scope-of- work/. Scope of Services E2PM will manage and assign resources to this project to ensure all land surveying work is performed in accordance with project timeframes and all NJDEP Green Acres Program guidelines. This letter proposal and pricing are based on alll information provided to date by the Township and information reviewed from the NJDEP Green Acres Program guideline documentation. As conditions arise, E2PM may be required to £2 Project Management LLC Township of West Orange — Land Surveying M-25-04 1ofs Rock Spring Golf Course

perform additional services and will notify the client and issue updated proposals as required. This proposal is prepared to provide the following for this project based off the full review of Tasks A — D in the RFP. 1. Review all NJDEP Green Acres Program “Scope of Survey Services and Standard Detail Requirements” and cornpletion of the appropriate forms and checklists for Local Government and Nonprofit Acquisitions (Task A). 2. Data review and interpretation of full title search at the time of purchase provided by the RFP (Task B) 3. Data review and interpretation of Green Acres Project Data provided by the RFP {Task C) 4. Hard copy Survey Materials Preparation and Deliverables (Task D): — Hard copy Survey Materials - Minimum to two (2) metes and bounds Surveys for all properties; ~ Minimum of two (2) deed descriptions signed by the Surveyor, with a reduced copy of the Survey attached fo each; - Completed “Surveyor's Local/Nonprofit Certification and Summary Form"; ~ CD-ROM containing drawing in .dwg format identical to the paper survey, — A drawing in .dwg format of only the boundary and Green Acres limits of interests — A deed description in MS Word format - A PDF copy of the signed survey ~ Photograph documentation of the corner markers set - Any additional required documentation Surveying services shall be started upon award of PO and initial Examination will be started within 3 weeks of authorization (weather permitting). The survey will be prepared by a NJ State Licensed Land Surveyor. Additional Services Other services may be required and will vary depending on the site conditions present. The need for the outlined additional services will be evaluated and presented as the need arises. A separate scope of work and cost estimates will be provided should the need for any of the additional services be required. Furthermore, if a project’s budgetary amount allows, E2PM may initiate one or more additional services with verbal approval from the Township. Any change to the scope of work outlined herein which exceeds the proposed estimated cost, regardless of verbal approval, will be followed with a written change order to be approved and executed by the Township. £2 Project Management LLC Township of West Orange — Land Surveying M-25-04 2of5 Rock Spring Golf Course

Project Costs E2PM proposes to execute this project on a lump sum basis as summarized in the following pricing table and consistent with the scope of work defined by this proposal, in accordance with the attached E2PM rate sheet (Attachment A). E2PM services will be invoiced monthly. Payments are due net 15 days from the date of the invoice. The fees for the scope of work described above are as follows: Survey Tasks Lump Sum Pricing Review all NJDEP Green Acres Program "Scope of $ 1,500.00 Services and Standard Detail Requirements” ~~ Data review and interpretation of full title search $ 2,500.00 Data review and interpretation of Green Acres Project $ 3,000.00 Data ae Hard Copy Survey Materials Preparation and $ 55,990.00 Deliverables ——_ Clarifications / Exclusions: e All substantial changes in the scope may result in a request for added costs by E2PM. Access to the site will be provided. State and municipal application, review, and/or permit fees are not included in the consulting fees listed above. Project Schedule If E2PM, LLC, is awarded the contract we would estimate 50 working days for completion of the project. £2 Project Management LLC Township of West Orange — Land Surveying M-25-04 30f5 Rock Spring Golf Course

Contractual Considerations / Proposal Validity: If awarded this project, E2PM will execute this work starting with a formal notice to proceed. Also, evidence of proper insurance would be submitted for approval by the Township Attorney. This proposal shall remain valid for 45 days from the date of this letter. Should you have any questions, please do not hesitate to call me at (973) 768- 6016 or charles.sstewart@e2pm.com. Good luck with bidding of this project and E2PM looks forward to possibly working with you. Sincerely, Charles J. Stewart Jr. Senior Project Manager E2 Project Manageme Attachments -P..C.M.E..C.F.S. Proposal Acceptance: Proposal / Contract Approved by: Name: Title: Date: The above signed represents that he/she) has read, understands, and accepts this proposal in its entirety. By accepting this proposal, client is also accepting the attached standard contract. Further, it represents that he(she) has the authority to enter into this agreement on behalf of the client named above it. It is also acknowledged that the above signed grants E2PM full access to the site as required to perform the services outlined herein. Client represents to E2PM that they have the right to use any and all background data, reports, drawings, etc..(herein referred to as project data) that may have been prepared by Others. Further, Client represents that E2PM can rely on said project data as accurate and use the data on behalf of Client during the Project. Any and all permit and regulatory oversight fees required for the project, including any fines levied against E2PM or any of its staff will be the responsibility of Client. E2 Project Management LLC Township of West Orange — Land Surveying M-25-04 40f5 Rock Spring Golf Course

E2PM 2025 Hourly Rates

E2 Project Management LLC (E2PM) (Valid thru December 31, 2025) Service Personnel E2PM shall be reimbursed at the listed rates charged to the work to cover the cost of wages and salaries, payroll burdens, overhead, G&A, and profit. $250.00/Hr Licensed Site Remediation Professional ( LSRP) (VI) Professional Engineers (PE) (VI) $250.00/Hr Professional Engineers (PE) (IV) a $150.00/Hr Project Managers/Principal Engineers/Scientists (IV) ; $1 35.00/Hr $95.00/Hr Senior Scientists (Il) [Staff Scientists) $75.00/Hr__| Field Engineers/Scientists ; 7 OO - $85.00/Hr wel a : Medea eee | | Senior Archeologist & Architectural Historians $90.00/Hr Field Archeologists - -_s ; : $60.00/Hr Sr.Designer _ ; $85.00/Hr | $55.00/Hr Word Processing Miscellaneous Home Office Expenses All other direct expenses that are incurred during the progress of the work (travel and living, telefax, long distance telephone, miscellaneous supplies, and materials) will be billed at cost or at E2PM standard rates. 1. Travel and Living Actual reasonable expenses incurred for meals, lodging and rental car for E2PM personnel in travel status away from the office in connection with the project are reimbursable at cost. Air travel at economy class is reimbursable at cost and travel associated with the project by personal automobile is reimbursable at .67 cents per mile or the latest IRS provisions. 2. Reproductions In-house reproduction of standard size documents (8!/2" x 11") will be charged at 12 cents per copy, color copies of (8'/2" x 11") documents will be charged at 85 cents per copy, and in-house reproduction of blueprints will be charged at 14 cents per square foot. 3. Computers and Workstations a) CAD applications performed on a PC-Based engineering workstation have a billing rate of $15.00 per workstation-hour. b) GIS Applications performed on a PC-Based engineering workstation have a billing rate of $25.00 per workstation-hour. c) Microcomputer usage (IBM PC or equivalent) will be charged at $7.00 per workstation-hour. 4. Subcontracts, Equipment Rental and Materials The services of subcontracts, outside rental of equipment and material will be charged at cost plus 15%.

STANDARD AGREEMENT AGREEMENT made the 4th day of January, 2023 by and between E2 Project Management LLC., a New Jersey Limited Liability Corporation with offices at 87 Hibernia Avenue, Rockaway N.J. 07866, hereinafter referred to as Consultant, and The Township of West Orange 66 Main Street West Orange NJ, hercinafter referred to as the Client. WITNESSETH: WHEREAS, Client intends to engage the Consultant to perform various engineering, environmental consulting, construction management, and/or remcdialion services; and WHEREAS, Consultant is willing to undertake the performance of such work and service hereinafter described subject to the terms and conditions hereinaficr specified; WHEREAS, Consultant and Client herein will be defined as the Parties. NOW, THEREFORE, in considcration of the mutual covenants hereinafter set forth, the Parties agree as follows: 1,0 SCOPE OF WORK advisable or necessary to discontinue work hercunder, then either party shall have the right to terminate the work by fourteen (14) days written notice. Thereafter, Consultant shall do only such work as may be necessary to protect the work performed or as may be requested by Client. Consultant shall be paid for the work performed up to and including the date of termination on the 2.0 PRICE same basis as is heretofore set forth. Client shall pay Consultant at the rate set forth 5.0 INDEMNITIES in the proposal. To the fullest extent allowable under applicable 3.0 WARRANTEES law, Client shall hold harmless, defend and indemnify Consultant from and against all losses, damages, demands, claims, suits, and other liabilities, including counsel fees and other expenses of litigation arising out of or incidental to the materials, goods or services hereunder contracted for, unless such liabilities result solely from the negligent acts or omissions of Consultant. The parties expressly agree that this indemnity provision does not include, and in no event shall the Consultant be required to assume, any obligation or duty to defend any REPERFORMANCE OF CONSULTANT'S WORK FOR A claims, causes OF action, demands, or eweuits in connection with or ari is Project or PERIOD OF ONE YEAR FOLLOWING COMPLETION 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

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