Township Council Meeting — Packet

relative to the contract shall be commenced until the Governing Body passes a duly authorized Resolution accompanied by a Certificate of Funds. 8. COUNSEL is hereby placed on notice that the Billing Guidelines of the Township shall apply to this agreement for professional services. COUNSEL is further noticed that no Department Head, individual member of the Governing Body, or any agent, servant or employee of the Township possesses any lawful authority to: (a) engage the rendition of services or the performance of work; (b) authorize the continuation of services or work beyond the amount specifically approved in the Resolution and Certificate of Funds; or to (c) represent that future funds will be available as compensation for current services. Any such acts shall be deemed ultra vires and beyond the scope of any authority that individual may possess. No bills, statement or vouchers for any amount exceeding that originally approved will be honored or paid by the Township, irrespective of whether such services were actually performed. 9. During the term of this agreement, COUNSEL shall maintain professional liability malpractice insurance coverage with an insurance company licensed and authorized to do business in the State of New Jersey with coverage not less than $1,000,000. COUNSEL shall provide the Township Attorney and Municipal Clerk with proof of a valid certificate of insurance listing the TOWNSHIP as a certificate holder. To the extent that this insurance coverage is scheduled to lapse at any time before the end of the contract, COUNSEL shall provide proof of renewal or new insurance coverage no later than thirty (30) days before the termination of the current coverage. 10. The provisions of this agreement are subject to the limitations of provisions of the New Jersey Tort Claim Act, N.J.S.A. 59:2-1 et seq., and the New Jersey Contractual Liability Act, N.J.S.A. 59:13-1 et seq. 3 4812-2524-8993, v. 1

11. This agreement shall be governed by the laws of the State of New Jersey without regard to principles of conflict of laws. All contract claims under this agreement shall be subject to and governed by the provisions of the New Jersey Contractual Liability Act (N.J.S.A. 59:13-1 et seq. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. TOWNSHIP OF WEST ORANGE ATTEST: By: KAREN J. CARNEVALE, R.M.C SUSAN McCARTNEY, MAYOR BLAU & BLAU WITNESS: By: CHARLES E. BLAU, ESQ. For the Firm 4 4812-2524-8993, v. 1

60-25 January 28, 2025 A RESOLUTION APPROVING PROPOSAL FROM CME ASSOCIATES FOR ENVIRONMENTAL SERVICES AT THE PROPERTY LOCATED AT 25 LAKESIDE AVENUE FOR GROUNDWATER MONITORING, SAMPLING AND NJDEP REPORTING NTE $83,800.00 WHEREAS, on December 6, 2024, the Township of West Orange (the “Township”) received a proposal from CME Associates (“CME”) to perform environmental services at: 25 Lakeside Avenue, West Orange, New Jersey, also known as Block 115 Lot 16 on the Township of West Orange Tax Map; and WHEREAS, the retention of a Licensed Site Remediation Professional (LSRP) to conduct the monitoring and sampling of groundwater is required for the work at the Department of Public Works complex located at 25 Lakeside Avenue, West Orange, New Jersey; and WHEREAS, the proposal reflects the scope of work required for four rounds to be conducted in a quarterly basis to monitor the wells and groundwater sampling in accordance with the Department of Environmental Protection (NJDEP) including the preparation of deliverables and submission to NJDEP; and WHEREAS, the scope of the work is required to address and satisfy the requirements stated in the Notice of Technical Deficiency dated April 14, 2021 issued by the (NJDEP); and NOW, BE IT HEREBY RESOLVED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF WEST ORANGE, that the Township accepts the proposal from CME attached herein as Exhibit “A,” not to exceed $83,800.00 to complete the scope of work; RESOLVED, that a copy of this Resolution shall be made available in the Clerk’s office in accordance with applicable law.

Karen J. Carnevale, R.M.C. Municipal Clerk Joe Krakoviak Council President Adopted: January 28, 2025 I hereby certify funds are available from ACCOUNT NO. 2021 Capital Budget Account #03-2662-21-0100-010 $83,800.00 John C. Ditinyak, Chief Financial Officer 4823-5394-8118, v. 1

60-25 Zayibeth Carballo Director, Municipal Engineer Department of Engineering Township of West Orange 25 Lakeside Avenue, West Orange, NJ 07052 zcarballo@westorange.org December 6, 2024 James Abbott Interim Business Administrator 66 Main Street West Orange, NJ 07052 policechief@wopd.org Re: Proposal for Professional Services – Groundwater Monitoring and LSRP Services Department of Public Works at 25 Lakeside Avenue Township of West Orange, Essex County, New Jersey NJDEP CASE #93-05-04-1501-12 & 99-04-06-1412-47 NJDEP SRP PI# 014423 Dear Ms. Carballo: CME Associates (CME) is pleased to submit this proposal to the Township of West Orange (Client) to continue Professional Environmental and Licensed Site Remediation Professional (LSRP) Services at the Department of Public Works at 25 Lakeside Avenue, Township of West Orange, Essex County, New Jersey in West Orange. The proposed scope of work is prepared to complete and satisfy the New Jersey Department of Environmental Protection (NJDEP) requirements stated in the Notice of Technical Deficiency, dated April 14, 2021. The scope of work is required based on the Administrative Requirements for Remediation of Contaminated Sites (ARRCS Rule, N.J.A.C. 26:C) and the Technical Requirements for Site Remediation (Tech Rule, N.J.A.C. 7:26E), in accordance with New Jersey’s Site Remediation Reform Act (SRRA). The scope of work is required to complete the required groundwater sampling per the Monitored Natural Attenuation guidance document, it is recommended that 8 rounds of sampling be collected to support MNA following the completion of excavation. A recent NJDEP Form was released and included a request to conduct eight (8) consecutive quarterly groundwater sampling that demonstrates decreasing trend in contaminants’ concentration as a requirement to propose

Proposal for Professional Services –Groundwater Monitoring and Reporting Re: Department of Public Works at 25 Lakeside Avenue – UST Case December 6, 2024 Page 2 of 6 Monitored Natural Attenuation (MNA) as an effective Ground Water Remedial Action for the site. (N.J.A.C. 7:26C-7.5(c)3i). Four quarterly sampling events were completed (were included in the previous proposal), therefore four (4) additional rounds are required by the NJDEP Regulations. BACKGROUND A groundwater and soil delineation program and additional groundwater investigations were implemented at the Site to evaluate the impacts resulting from an on-Site 4,000-gallon gasoline underground storage tank (UST) discharge. Based on analytical results, it appeared that benzene, toluene, ethylbenzene, and xylenes (BTEX), methyl tertiary butyl ether (MTBE) and lead are the contaminants of concern in the groundwater. Furthermore, it appeared that the contamination plume originated in the vicinity of the UST and migrated along the general direction of groundwater flow which was determined to be easterly towards the nearby Brook. Two additional wells MW-11 and MW-12 were installed to complete delineation of the horizontal extent of gasoline impacts in the eastern direction as required in the NJDEP Notice of Technical Deficiency, dated April 14, 2021. The NJDEP required the removal of impacted soil that acts as a source of groundwater contamination. Excavation and backfilling activities at the West Orange DPW were completed on November 29 and 30, 2022 by Environmental Management Associates, Inc. (EMA) of Farmingdale, NJ. The excavation area was located based on the previous soil sampling analytical results that identified the limits of the impacted soil at the source area. The remedial action goal is the removal of impacted soil that acts as a source of groundwater contamination at a limited area located to the south-west of the former location of the UST and close to the pump island. MW-1 was abandoned and we re-installed MW-1R after completing the excavation. The monitoring wells sampling was conducted to monitor the effectiveness of the remedial action. A re-bound in benzene concentration levels was noticed in MW-1R (located at the edge of the pump island) as it was not possible to extend the excavation beyond the edge of the concrete pad.

Proposal for Professional Services –Groundwater Monitoring and Reporting Re: Department of Public Works at 25 Lakeside Avenue – UST Case December 6, 2024 Page 3 of 6 SCOPE OF SERVICES Based on the review of existing remediation documents, CME has prepared the following scope of work to comply with the NJDEP Technical Requirements for Site Remediation at the Site and provide the consultation and project management necessary to continue to advance the project towards a closure. Task 1: Monitoring Well Gauging & Sampling (Quarterly- Four Rounds) Perform four quarterly groundwater sampling events at the Site. Collect samples from all the existing monitoring wells (MW-1 through MW-12). Groundwater samples will be obtained in accordance with the NJDEP Field Sampling Procedures Manual (August 2005). Groundwater samples will be analyzed for TCL VO+15, and TBA. A QA/QC plan consisting of field and trip blank samples will be incorporated into the sampling program. Purged groundwater will be containerized in drums and disposed off-site at an approved disposal facility. All sampling and monitoring will be performed according to the methodology specified in the most current edition of the Department's Field Sampling Procedures Manual. All samples will be analyzed by a New Jersey Certified Laboratory except those field-determined parameters specified in the monitoring program established pursuant to the oversight document. Task 2: Reporting and Management CEA and GW remedial Action Permit Based on the previous sampling results and the results of the proposed additional Four quarterly sampling events, CME will establish fate and transport modeling to evaluate the extent of dissolved groundwater impacts (plume) and to compare the degradation predictions to existing data. CME will prepare and submit a Revised CEA Fact Sheet Application and prepare a groundwater remedial action permit pursuant to the Administrative Requirements for Remediation of Contaminated Sites (ARRCS Rule, N.J.A.C. 26:C). The CEA application will be submitted with a Groundwater Remedial Action Permit for natural attenuation as the remedial action for the groundwater impacts related to the UST discharge at the Site, a Groundwater Remedial Action Permit Application will be prepared and submitted

Proposal for Professional Services –Groundwater Monitoring and Reporting Re: Department of Public Works at 25 Lakeside Avenue – UST Case December 6, 2024 Page 4 of 6 with NJDEP permit application fee of $805; this Fee is included in the cost for the previous proposal. Remedial Action Report (RAR) CME will prepare a Remedial Action Report (RAR) with Document Submission Form which will detail activities conducted to achieve compliance with the NJDEP Technical Requirements for Site Remediation (N.J.A.C. 7:26E- 6.7) and the Administrative Requirements for the Remediation of Contaminated Sites (“the ARRCS Rule”). A Site plan, Case Inventory Document and other pertinent items as specified in the Remedial Action Report submission requirements of the Technical Requirements for Site Remediation (N.J.A.C. 7:26E-6.7) will be included. Based upon the results of the fate and transport modeling, a Groundwater Remedial Action Permit Application with NJDEP permit application fee of $990 - GW Remedial Action – Natural Attenuation Permit Application will be submitted to the NJDEP and included in this proposal. CME will prepare updated Receptor Evaluation form, a Health and Safety Plan (HSP) and Quality Assurance Project Plan (QAPP) that are required to be submitted with the RAR. Proposed Budget The budget for completion of the proposed scope of work is $83,800 as indicated in the following table: Task Cost Task 1- Monitoring Well Gauging & Sampling- (Quarterly- Four Rounds) $ 54,650 Task 2 - Reporting and Management $ 29,150 Total $ 83,800 The proposed budget includes approximately $33,000 for subcontractor’s fee, including laboratory analysis, equipment cost, etc. The budget contained in this proposal is the firm’s best estimate of the effort required to carry out the project as outlined in the scope of work. However, the client will be billed for the actual effort expended to implement the Scope of Services in

Proposal for Professional Services –Groundwater Monitoring and Reporting Re: Department of Public Works at 25 Lakeside Avenue – UST Case December 6, 2024 Page 5 of 6 accordance with the attached billing rates for Environmental Engineering and LSRP services. In no event will the client be billed or work performed in excess of the proposal amount without client's prior approval. ASSUMPTIONS AND LIMITATIONS The scope of work is limited to the tasks outlined above. Based on the investigation findings, additional remediation activities may be required to comply with N.J.A.C. 7:26E and close the case. A separate cost proposal will be provided for any additional work, if needed. SPECIAL CONDITIONS FOR LSRP SERVICES • • • • • • The enactment of the Site Remediation Reform Act (SRRA; N.J.S.A. 58:10C-1 et seq) on May 7, 2009, and the adoption of the Administrative Requirements for the Remediation of Contaminated Sites (ARRCS; N.J.A.C. 7:26C) on November 4, 2009 require that all new remediation cases follow the provisions of SRRA. A key requirement of these rules is that a Licensed Site Remediation Professional (LSRP) must oversee all new remediation cases. The ARRCS requires the person responsible for conducting a remediation to notify the NJDEP of any confirmed discharges of contaminants or condition of Immediate Environmental Concern (“IEC”). Please note that being an LSRP, as a State licensed professional, I will thus have the obligation to report any such conditions to the NJDEP without obtaining any prior approval from the client. LSRP will provide the required services in accordance with SRRA and has the obligation to submit, maintain and preserve the relevant documents. LSRP is not responsible for client’s failure to disclose relevant information, perform SRRA obligations, fund remediation, and follow LSRP’s recommended actions. Client’s failure to perform these obligations may result in fines/penalties by the NJDEP. The issuance of RAO by LSRP is not a guarantee or warranty that the site is free of contamination, or that it will be accepted by the NJDEP. NJDEP may audit the RAO within three (3) years after the date the LSRP filed the RAO with the NJDEP. LSRP is not responsible for additional requirements imposed by NJDEP after review/audit, except to the extent they arise out of LSRP’s negligence.

Proposal for Professional Services –Groundwater Monitoring and Reporting Re: Department of Public Works at 25 Lakeside Avenue – UST Case December 6, 2024 Page 6 of 6 We appreciate the opportunity to submit this proposal and assist the Township on this project. Should you have any questions, please do not hesitate to call me at 732-951-2101, extension 103. Respectfully submitted, CME Associates _________________________________ Behram Turan, P.E., LSRP Senior Vice President Enclosure cc: Michael McClelland, P.E., P.P. - CME Associates