Township Council Meeting — Packet

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 all of services herein and contained under this agreement, the amounts set forth in the Consultant’s proposal. Upon completion of the work, every thirty (30) days or as soon thereafter as practicable, the Consultant shall invoice the Client for the services performed. Invoices shall be due and payable within fifteen (15) days. Interest at 1.0% per month will be charged for ail invoices exceeding 45 days. Consultant reserves the right to Jean Client’s property as a means to protect its interests in assuring payments for work performed under this agreement. CONFIDENTIALITY January 4, 2023

14.0 Consultant agrees not to divulge to third parties, without written consent of the Client, any information which relates to the technical or business activities of the Client unless: (i) the information is known to the Consultant prior to obtaining the same from the Client; (ii) the information is, at the time of disclosure by Consultant, then in the public domain, or (iii) the information is obtained by the Consultant from a third party who did not receive same, directly or indirectly from the Client and who has no obligation of secrecy with respect thereto. Consultant further agrees not to disclose without the prior written consent of the Client, any information developed or obtained by Consultant in the performance of this Agreement except to the extent that such information falls within one of the catcgories described in (i), (ii), or (iii) above. If so requested by the Consultant, the Consultant further agrees to require its employces to execute a nondisclosure agreement prior to performing any services under this Agreement. INSURANCE (a) During the course of performance of the Services, Consultant will maintain the following insurance coverage: Type of Coverage Coverspe, Workers Compensation/Employers Statutory/ Liability $500,000 Commercial General Liability $1,000,000 Pollution Li $1,000,000 Professional Liability $1,000,000 Automobile Public Liability $1,000,000 (b) If required, Consultant shal! deliver to Client, Certificates evidencing that the above coverage is in effect and will not be canceled or materially changed without thirty (30) days written notice; (c) Additional Coverage: If desired, Consultant, will on a cost-reimbursable basis, endeavor to procure property damage, construction risk, completed operations, pollution liability, cnvironmental impairment or other desired insurance coverage on a project specific basis. Crestmont Country Club M-23.01 Tot? 15.0 16.0 17.0 18.0 OWNERSHIP OF DOCUMENTS All the work product (reports, drawings, calculations, designs, ete.) produced by the Consultant in executing the work described within Consultant’s proposal, arc the property of Consultant. RELIANCE ON DOCUMENTS Reliance on the Consultant’s work product shall be for the exclusive use of Client. Reliance on Consultant’s work product by third parties shall be strictly forbidden. Consultant assumes that Client either owns

the Consultant’s work product shall be for the exclusive use of Client. Reliance on Consultant’s work product by third parties shall be strictly forbidden. Consultant assumes that Client either owns and or has rights to use all reports, drawings, calculations, and designs, (herein defined as “work product” produced by others and given to Consultant by Client), and Consultant is given the right to use and rely on such work product. Consultant shall be indemnified by Client for reliance on third party data and work product. ENTIRETY OF AGREEMENT This agreement, with the Exhibits/Proposals listed in Article 1 constitute the entire agreement between the parties and supersedes all previous agreements or understandings with respect to the subject matter hereof. GOVERNING LAW ‘This Agreement shall be governed in all respects by the law of the State of New Jersey. The venue for trials, mediation, and or arbitration shall be in Morris County New Jersey. 19.0 DISPUTES Disputes relating to services under this contract, including payment disputes shall be settled based on the mutual agreement by the parties based on the following hierarchy, mediation, arbitration, and through court —_ actions. However, Consultant may elect to seek resolution directly through the courts: January 4, 2623

SUBURBAN CONSULTING ENGINEERS, INC. January 17, 2025 Via Electronic Mail (zcarballo@westorange.org) Township of West Orange Department of Engineering 25 Lakeside Avenue West Orange, New Jersey 07052 Attn.: Zayibeth Carballo, PE, PLS, PP, CME, CFM, CFS Director, Municipal Engineer Re.: Township of West Orange, County of Essex, State of New Jersey Professional Land Surveying Services Rock Spring Golf Course Block 46.01, Lot 22; Block 160, Lots 2 & 10; & Block 160.01, Lots 30 & 34 Green Acres Survey Our File No.: Proposal SCE-P11250.021 Dear Ms. Carballo: SUBURBAN CONSULTING ENGINEERS, INC. (SCE) is pleased to provide the following proposal to the Township of West Orange (Township) for professional land surveying services in response to the Request for Proposals (RFP) for the preparation of a Green Acres Survey for Rock Spring Golf Course (Block 46.01, Lot 22; Block 160, Lots 2 & 10; & Block 160.01, Lots 30 & 34), located in the Township of West Orange, County of Essex, State of New Jersey. It is our understanding that the Township is seeking professional land surveying services associated with preparing the necessary survey materials required to be submitted to the New Jersey Department of Environmental Protection (NJDEP) as part of the Green Acres Grant announced by letter dated December 12, 2024. SCE has carefully reviewed the documents provided by your office, along with additional preliminary research of the record documents available for this site. We are confident in our abilities to successfully complete this project ontime and in accordance with the project’s desired schedule. SCE continues to be a leader in the industry demonstrated in our commitment to creating solutions for our Clients’ success by delivering innovative and practical professional services. Our firm has significant experience with providing professional services in the land surveying field. Our technical team is readily available to meet your project’s unique requirements and all services will be performed under the direct supervision of a State of New Jersey licensed Professional Land Surveyor (PLS). Our scope of services for this project is further outlined below. 96 U.S. Highway 206, Suite 101, Flanders, New Jersey 07836 P: (973) 398-1776 | www.suburbanconsulting.com

SCE-P11250.021 January 17, 2025 Scope of Services 1. NJDEP Green Acres Survey SCE will prepare a Green Acres Survey along with the supporting documentation outlined in the State of New Jersey Department of Environmental Protection Green Acres Program Scope of Survey Services and Standard Detail Requirements dated July 1, 2023, as well as Sample Form 7B – Local Unit and Nonprofit Land Acquisition Checklist for complete list of project deliverables. Task I: Records Research & Deed Plotting Analysis It is our understanding that SCE will be provided with a title report(s) of the lots in question. SCE will gather additional records information including, but not limited to, record adjoining owner deeds, present owner deed, tax map(s), filed map(s), copy of title search (if the Township can provide), previous survey(s), and any other documents to assist in preparation of actual field instrument survey. This information will be analyzed and plotted in AutoCAD for verification of all mathematical courses and any possible gores or overlaps written in record title documents. Any/all record boundary lines and easements will be illustrated on the Survey. Task II: Field Survey SCE’s in-house survey crew personnel will be mobilized to the site and will utilize state-ofthe-art survey equipment including, but not limited to, GPS and robotic stations to conduct site survey of the property in question. Field Survey will include the measurement and field locating of any/all existing boundary evidence (iron pins, pipes, monuments, etc.) only as the site existing conditions will be depicted via aerial orthophotography or via the provided Stewart Survey as a background. SCE will perform all work within New Jersey State Plane Coordinate System (NAD-83 / NAVD-88). It should be noted that no utility investigation or site topography is anticipated in the final deliverable. Task III: Green Acres Survey Deliverable SCE will download all collected data and place in AutoCAD for preparation of mapping. The Green Acres Survey will be prepared and drafted at an appropriate scale showing all collected field data, including any/all improvements within project area, and found boundary evidence shown with its relationship to the actual boundary lines. SCE will utilize AutoCAD Civil 3D design software to map and model the existing conditions of the site. The Green Acres Survey will be prepared

hown with its relationship to the actual boundary lines. SCE will utilize AutoCAD Civil 3D design software to map and model the existing conditions of the site. The Green Acres Survey will be prepared in accordance with State of New Jersey Department of Environmental Protection Green Acres Program Scope of Survey Services and Standard Detail Requirements dated July 1, 2023. Deliverable for this Green Acres Survey will be prepared at an appropriate scale to depict the site improvements. It should be noted that when Boundary Survey services are provided, the cost of the research and the subsequent field and office tasks assume that the available data is relatively accurate and error free. It is difficult to evaluate the accuracy of the data until well into the processing and analytical portion of the survey. If substantial errors are 2

SCE-P11250.021 January 17, 2025 discovered at this stage, the Township will be notified, and a course of action will need to be agreed upon prior to finalizing the finished product. Task IV: Set Missing Corner Markers When a Green Acres Survey is performed, corner markers are required to be set at the perimeter limits of the fee simple acquisition project area. Based on the Stewart Survey, there appears to be approximately 48 corners that need to be set as part of this scope, and such is included in this proposal. Task V: NJDEP Coordination & Final Deliverables SCE will coordinate with the Township and NJDEP Representatives, as necessary, to coordinate deliverables and acceptance of documents between the two (2) parties. SCE anticipates one (1) round of revisions to address comments from the parties and will finalize the deliverables listed below as required as part of this proposal. Since SCE is unable to predict the extent of comments NJDEP may have, an hourly estimate of up to 16 hours is included within this proposal. If additional revisions are required or in excess of the anticipated hours, SCE will provide a separate proposal to address the NJDEP comments and finalize all deliverables. ▪ Final Deliverables (Sample Form 7B) ➢ 8.3 - Parcel Closure - Precision/Radial Error/Area. ➢ 8.4 - Full Size Paper Copies of Survey Plan (Two [2] Folded Copies). ➢ 8.5 - Metes and Bound Description and Reduced Survey Plan (Two [2] Copies). ➢ 8.6 - Digital Files: o Cover Label on Digital Media Disk (Standard 5.25-Inch CD-R Disk). Contains: Descriptions, AutoCAD file (.dwg), Drawing (.pdf), Linework (.dxg), and Photographs of Corner Markers Found and Set. ➢ 8.7 - Surveyor’s Certification and Summary Form. ➢ 8.8 - Checklist of Work completed. o 2. Expenses Anticipated expenses in the amount of $5,000 for this project are included in the fees outlined below. Fee Proposal SCE proposes to provide the above referenced scope of services for the following fees. Invoicing for this project will summarize services provided in accordance with the Total Project fee limit indicated below. 1. NJDEP Green Acres Survey 2. Expenses $ 64,875 $ 5,000 TOTAL LUMP SUM FEE $ 69,875 3

SCE-P11250.021 January 17, 2025 Project Schedule SCE anticipates we will receive authorization from the Township to proceed on this project within one (1) month of proposal submission. SCE will commence services within two (2) weeks of receipt of the fully executed proposal or agreement. SCE anticipates all work to be completed and deliverable(s) submitted within 75 calendar days of authorization to proceed. It is assumed that all project phases and tasks as described above will be performed consecutively, with no significant project schedule delays. The project schedule is dependent upon timely Township responses and if applicable, weather conditions for fieldwork and governing agency review periods. A significant project schedule delay may result in an adjustment to our fees or issuance of a new proposal for the remaining scope of work to be completed. SCE will communicate with the Township regularly regarding the project schedule. Services Not Included Unless Authorized It should be noted that our fee is based on the specific scope of services as explained above. Additional services and items may be determined to be required during the course of the project that have not been included in our fee proposal. If additional services are required, SCE will provide a contract amendment outlining those services and additional fees and submit to the Township for approval. Services and items which have not been included or made part of this proposal include but are not limited to the following: ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ Surveying services other than indicated above. Topographic survey. Utility investigation and/or mapping services. Application and permit fees. Owner or Contractor-initiated changes. Off-tract improvements design. Geotechnical investigations. Environmental Impact Statement. Revisions to address review agency comments other than indicated above. Fee Structure SCE will utilize the following fee structure for the scope of services as outlined above: ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ Principal/Project Officer $205/hour Senior Project Manager $200/hour Project Manager $195/hour Senior Project Licensed Professional $190/hour Project Licensed Professional $180/hour Licensed Professional $170/hour Senior Project Coordinator $190/hour Project Coordinator $185/hour Senior Designer/Senior Survey Analyst $160/hour Designer/Survey Analyst $145/hour 4

SCE-P11250.021 January 17, 2025 ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ Senior Environmental Scientist $160/hour Environmental Scientist $145/hour Senior Project GIS Analyst $170/hour Project GIS Analyst $160/hour GIS Analyst $155/hour Senior GIS Technician $145/hour GIS Technician $135/hour Senior GIS Project Coordinator $160/hour GIS Project Coordinator $155/hour Senior Inspector $145/hour Inspector $135/hour Senior Technician $140/hour Technician $130/hour Project Administrator $145/hour Administrative Support $85/hour Equipment Unit Cost o Unmanned Aerial Systems / Remotely Operated Vehicle $150/hour o Robotic/LiDAR $50/hour o GPS $25/hour o Environmental Injection Pump & Equipment $150/day Reimbursable expenses may include but are not limited to printing / reproduction, mileage, parking and tolls, overnight postage, messenger fees, certified mailings, certified property owners list, uniformed traffic protection, permit applications, and associated filing or recording fees. Any third-party incurred reimbursable expenses and/or subconsultant fees will be invoiced at SCE’s cost plus 15%. Mileage will be billed in accordance with federal prevailing rate. Standard Contract Terms & Conditions In accordance with the above information, Client agrees to the following: Standard of Care SCE shall perform all services in accordance with the degree of skill and care ordinarily used by competent practitioners of the same professional discipline when performing similar services under similar circumstances, taking into consideration applicable state requirements and project site conditions. Termination of Contract Client may terminate this Agreement with seven days prior written notice to SCE for convenience or cause. SCE may terminate this Agreement for cause with seven days prior written notice to Client. Failure of Client to make payments when due shall be cause for suspension of services or, ultimately, termination, unless and until SCE has been paid in full all amounts due for services, expenses, and other related charges. 5

SCE-P11250.021 January 17, 2025 Hazardous Environmental Conditions It is acknowledged by both parties that SCE's Scope of Services does not include any services related to the remediation at the site of asbestos, PCBs, petroleum, hazardous waste, or radioactive materials. Client acknowledges that SCE is performing professional services for Client and SCE is not and shall not be required to become an "arranger", "operator", "generator", or "transporter" of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1990 (CERCLA). Ownership of Documents All documents prepared or furnished by SCE pursuant to this Agreement are instruments of SCE's professional service, and SCE shall retain an ownership and property interest therein. SCE grants Client a license to use instruments of SCE's professional service for the purpose of constructing, occupying, and maintaining the Project. Reuse or modification of any such documents by Client, without SCE's written permission, shall be at Client's sole risk, and Client agrees to indemnify and hold SCE harmless from all claims, damages, and expenses, including attorneys' fees, arising out of such reuse by Client or by others acting through Client. Indemnification To the fullest extent permitted by law, Client and SCE each agree to indemnify the other party and the other party’s officers, directors, partners, employees, and representatives, from and against losses, damages, and judgments arising from claims by third parties, including reasonable attorneys’ fees and expenses recoverable under applicable law, but only to the extent they are found to be caused by a negligent act, error or omission of the indemnifying party, or any of the indemnifying party’s officers, directors, members, partners, agents, employees, or sub-consultants in the performance of services under this Agreement. If claims, losses, damages, and judgments are found to be caused by the joint or concurrent negligence of Client and SCE, they shall be borne by each party in proportion to its negligence. Force Majeure Neither party shall be deemed in default of this agreement to the extent that any delay or failure in the performance of its obligations results from any cause beyond its reasonable control and without its negligence. Dispute Resolution Client and SCE agree that they shall first submit any