Township Council Meeting — Packet

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 and all unsettled claims, counterclaims, disputes, and other matters in question between them arising out of or relating to the agreement to mediation in accordance with the Construction Industry Mediation Rules of the American Arbitration Association, effective as of the date of this agreement. Use of Electronic Media Documents that may be relied upon by Client are limited to those that are signed or sealed by SCE. Unsigned files in electronic media format or text, data, graphic, or other types that are furnished by SCE to Client are only for convenience of Client. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. When transferring documents in electronic media format, SCE makes no representations as to longterm compatibility, usability, or readability of documents resulting from the use of software 6

SCE-P11250.021 January 17, 2025 application packages, operating systems, or computer hardware differing from those in use by SCE at the beginning of this assignment. Estimated Fee(s) Any estimated fee(s) provided above, is/are based on several assumptions for the scope of services provided in this proposal relative to project unknowns. If it is determined that there is a significant change of conditions that was not anticipated, SCE will notify the Client prior to exceeding the contract amount to address the changes associated with the project and to establish an acceptable course of action needed to complete the scope of services. Bid Phase Services If this Agreement provides for any bid phase services by SCE, it is understood that any bid phase services described herein are associated with one (1) contract and one (1) bid period. Should the Client direct the project to be bid and constructed under multiple contracts or should the bid process fail to result in a successful contract award requiring the need to rebid the project, SCE’s services associated with multiple contracts or re-bidding any contract (original or revised) will be offered under a contract amendment to SCE’s scope of services. Additionally, it is assumed that Bid Phase Services will commence upon conclusion of final design/contract document preparation, with no significant project delays. Significant project delays may result in a fee adjustment to our services. Construction Phase Services If this Agreement provides any construction phase services by SCE, it is understood that the Contractor, not SCE, is responsible for the construction and schedule adherence of the project, and that SCE is not responsible for the acts or omissions of any Contractor, subcontractor, or material supplier; for safety precautions, programs, or enforcement; or for construction means, methods, techniques, sequences, and procedures employed by the Contractor. It is the Owner’s responsibility to advise their Contractor of these terms. Additionally, it is assumed that Construction Phase Services will commence upon conclusion of the Bid Phase services, with no significant project delays. Significant project delays may result in a fee adjustment to our services. Opinions of Cost When included in SCE's Scope of Services, opinions or estimates of probable construction cost are prepared on the basis of SCE's experience

result in a fee adjustment to our services. Opinions of Cost When included in SCE's Scope of Services, opinions or estimates of probable construction cost are prepared on the basis of SCE's experience and qualifications and represent SCE's judgment as a professional generally familiar with the industry. However, since SCE has no control over the cost of labor, materials, equipment, or services furnished by others, over Contractor's methods of determining prices, or over competitive bidding or market conditions, SCE cannot and does not guarantee that proposals, bids, or actual construction cost will not vary from SCE's opinions or estimates of probable construction cost. Professional Responsibility SCE represents that the services shall be performed, within the limits prescribed by Client, in a manner consistent with the level of care and skill ordinarily exercised by other professional consultants under similar circumstances. No other representation to Client, expressed or implied, and no warranty or guarantee is included or intended in this Agreement, or in any report, opinion, document, or otherwise. For any damage caused by professional 7

SCE-P11250.021 January 17, 2025 negligence including errors, omissions, or other professional acts, including unintentional breach of contract by SCE, its employees, agents, or subcontractors, SCE’s liability and that of its employees, agents, and subcontractors is limited to SCE’s total compensation paid under the contract. In no event shall either Client or SCE be liable for consequential damages, including, without limitation, loss of use or loss of profits, incurred by one another or their subsidiaries or successors, regardless of whether such damages are caused by breach of contract, willful misconduct, negligent act or omission, or other wrongful act of either of them. Right of Entry Client grants to SCE, and, if a project site is not owned by Client, warrants that permission has been granted for a right of entry from time to time by SCE, its employees, agents, and subcontractors upon the project site for the purpose of providing the Services. Client recognizes that the use of investigative equipment and practices may unavoidably alter existing site conditions and affect the environment in the area being studied. Statute of Limitations The parties agree that any action relating to an alleged breach of the Agreement shall be commenced within one (1) year of the date of the breach, without regard to the date the breach is discovered. Any action not brought within that one-year time period shall be barred, without regard to any other limitations period set forth by law or statute. Employee Recruitment Prohibition For the term of this Agreement and for a period of six (6) months thereafter, Client shall not endeavor to solicit or induce any SCE employee(s) to leave their employment. It is noted that the SCE’s workforce is comprised of experienced, skilled, trained, and educated professionals and technicians and the loss of such resources creates a significant burden on the business operation. Billing Schedule Invoices will be provided monthly based on the Fee Proposal referenced above. Payment is due within fifteen (15) days from receipt of invoice. A 1-1/2 percent per month late charge will be applied for all past due invoices. Amounts not paid when due may be referred for collection and mechanic's lien rights may be exercised, with all costs, including reasonable attorney fees, charged to Client. Both parties understand that work will be stopped

due may be referred for collection and mechanic's lien rights may be exercised, with all costs, including reasonable attorney fees, charged to Client. Both parties understand that work will be stopped if account is not current; deliverables will not be furnished if account is past due. For approved Estimated Fees, time spent will be invoiced on an hourly basis up to the contract amount and will reflect employee time charges including comments for services performed. In the event we anticipate exceeding the approved fees, we will contact the Client for authorization to proceed. If the Client elects not to proceed, we will invoice for services completed to date. For approved Lump Sum Fees, invoices will reflect a percent complete and will not include employee time or expense details. Each invoice will be prepared to reflect work completed to date on the project. 8

SCE-P11250.021 January 17, 2025 If this proposal meets with your approval, please sign below and return one (1) copy to my office. Alternatively, if a purchase order is to be issued, please reference the SCE proposal number (SCE-P11250.021) and date in order to properly document authorization. We shall consider an appropriately executed copy of this letter or purchase order as our formal contract and authorization to proceed. Please note that the fees stated in this proposal are valid for thirty (30) days from the date of this correspondence. If you have any questions regarding this proposal, please do not hesitate to contact me. Very truly yours, SUBURBAN CONSULTING ENGINEERS, INC. By: ________________________________________________ Joseph D. Phil, PLS, PP, CFS, Assistant Corporate Secretary Principal/ Land Survey Department Manager Accepted this ________ Day of _____________ 20_____ By: ________________________________________________ ________________________________________________ (Printed Name & Title) Enclosures Evidence of Insurance 9

DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 2/20/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT Tina Taran NAME: PHONE (A/C, No, Ext): 973-377-7000 E-MAIL ADDRESS: tinat@dalegroup.com PRODUCER Dale Group PO Box 6 Florham Park NJ 07932 FAX (A/C, No): 973-377-4614 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Continental Casualty Company SUBUR-7 INSURED Suburban Consulting Eng. Inc. 96 Hwy RT 206 Suite 101 Flanders NJ 07836 INSURER B : Valley Forge Insurance Company 20443 20508 INSURER C : The Continental Insurance Company Of New Jersey 42625 INSURER D : National Fire Insurance Company of Hartford 20478 INSURER E : INSURER F : CERTIFICATE NUMBER: 590276563 COVERAGES REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR A ADDL SUBR INSD WVD Y Y TYPE OF INSURANCE X COMMERCIAL GENERAL LIABILITY CLAIMS-MADE X X POLICY NUMBER 7018338493 POLICY EFF POLICY EXP (MM/DD/YYYY) (MM/DD/YYYY) 2/24/2024 2/24/2025 OCCUR Contractual Liab GEN'L AGGREGATE LIMIT APPLIES PER: PROPOLICY X JECT LOC LIMITS EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) $ 1,000,000 MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $

PER: PROPOLICY X JECT LOC LIMITS EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) $ 1,000,000 MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: D Y AUTOMOBILE LIABILITY X ANY AUTO X OWNED AUTOS ONLY HIRED AUTOS ONLY X UMBRELLA LIAB $ 100,000 X Y 7018333701 2/24/2024 2/24/2025 SCHEDULED AUTOS NON-OWNED AUTOS ONLY COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) $ 1,000,000 $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ A EXCESS LIAB B C C X Y OCCUR Y 7018333729 2/24/2024 2/24/2025 CLAIMS-MADE X RETENTION $ DED 10,000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Professional Liab Pollution Liability EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 $ 7018333715 Y/N N 2/24/2024 2/24/2025 X PER STATUTE OTHER E.L. EACH ACCIDENT N/A $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT AEH004316497 AEH004316497 2/24/2024 2/24/2024 2/24/2025 2/24/2025 Claim/Occurence Aggregate $ 1,000,000 $5,000,000 $5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Evidence of Insurance CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Evidence of Insurance ACORD 25 (2016/03) AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD

1460 Route 9 South Howell, NJ 07731 732.462.7400 www.cmeusa1.com January 17, 2025 Via Electronic (Engineering@westorange.org) & 1st Class Mail Township of West Orange Department of Public Works 25 Lakeside Avenue West Orange, NJ 07052 Attn: Zayibeth Carballo, PE, PLS, PP, CME, CFM, CFS Municipal Engineer Re: Professional Surveying Services Green Acres Survey for Rock Spring Golf Course Block 160.01 Lots 30 and 34 Block 160 Lots 2 and 10 Block 46.01 Lot 22 West Orange, Essex County, New Jersey Dear Ms. Carballo: CME Associates is pleased to present our proposal for the surveying services for the above referenced project including the preparation of a Green Acres Survey for the Rock Spring Golf Course. Our office has reviewed the previous survey and title report provided to our office as part of the Request For Proposal (RFP). Scope of Services Based on the RFP, we propose the following scope of services: A. Complete the survey in conformance with the current “Scope of Survey Services and Standard Detail Requirements” and appropriate forms and checklists for Local Government and Nonprofit Acquisitions. 1. B. Green Acres Project Data: a. Green Acres Project Number: 0722-03-005 b. Green Acres Project Name: Open Space Acquisition c. Green Acres Owner ID: 0722-03-005-09 Set the required property corners in accordance with Green Acres and Map Filing Law requirements. We anticipate 60 property markers are required to be set based on our preliminary review of the outbound. We have provided a fee per marker to be set.

C. Provide the following Deliverables: 1. Minimum of two (2) metes and bounds Surveys for all properties; 2. Minimum of two (2) deed descriptions signed by the Surveyor, with a reduced copy of the Survey attached to each; 3. Completed Surveyor’s Local/Nonprofit Certification and Summary Form; and, 4. CD-ROM containing the 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, photographs of the corner markers set, and any associated documents. Summary of Fee Estimates We will provide the necessary engineering services as described above based upon the following lump sum fee amounts: Total Lump Sum Fee for Green Acres Survey ................................................................ $90,000.00 Total Estimated Fee to Set Property Markers ................................................................. $16,500.00 Based on an estimated 60 property markers @ $275.00 per marker We anticipate completing the survey within 75 days from the time of authorization conditioned upon the aerial survey completion which is weather dependent. Exceptions:  Title Report as it is assumed the report provided with the RFP will be utilized for preparation of the survey.  Any work not specified as listed in the above phases shall be considered additional services and will be invoiced at the time said work is authorized by the Township. S:\West Orange\Proposals\25-01-17 - Proposal for Green Acres Survey Golf Course.docx