Township Council Agenda — Packet

y execute consents reasonably required to facilitate such assignment, Matrix in no way is prohibited from retaining consultants or subcontractors, or persons and entities not in its employ, when it is appropriate to do so. Such persons and entities include, but are not limited to, surveyors, specialized consultants, drilling contractors, and testing laboratories. Matrix's use of others for additional services shall not be unreasonably restricted by the CLIENT provided Matrix notifies the CLIENT in advance. Section 17: THIRD PARTY EXCLUSION Nothing in this Agreement shall be construed to create a cause of action in favor of any third parties, it being the express intent not to create any third- party beneficiaries to this Agreement.

MATRIXNEWORLD Engineering Progress x Section 18: SEVERABILITY if any clause or section of the Agreement shall be deemed void or invalid, such @ decision shall only apply to that particular section(s) and shall not render the rest of the Agreement invalid. The balance of the Agreement shall remain in force. Section 19: | TERMINATION Matrix may terminate the Agreement upon five (6) days’ written notice if the CLIENT defaults in the payment for the Services or for any other material default by the CLIENT under the Agreement. The CLIENT or Matrix may terminate the Agreement upon fourteen (14) days’ written notice for any reason which may arise or for no reason. In the event of such termination of the Agreement for any reason which may arise or for no reason, the termination will become effective fourteen (14) calendar days after receipt of the termination notice. Irrespective of which party shall affect termination of the cause therefore, the CLIENT shall within thirty (30) calendar days of termination remunerate Matrix for the Services rendered and costs incurred (including all reimbursable costs hereunder), in accordance with Matrix's prevailing rate schedule. Section 20: | GOVERNING LAW AND VENUE Unless otherwise provided in an addendum, the law of the State of New Jersey will govern the validity of the Agreement, its interpretation and performance, and remedies for any other claims related to the Agreement. Any litigation arising from this Agreement shall be venued in the Superior Court of New Jersey, Morris County.

ATTACHMENT 2 MATRIX’S FEE SCHEDULE

MATRIXNEWORLD Engineering Progress TITLE HOURLY RATE Expert Professional $350.00 Managing Director III $320.00 Managing Director II $300.00 Technical Director II $300.00 Managing Director | $280.00 Technical Director II $280.00 Technical Director | $260.00 Project Manager IV $245.00 Senior Professional IV $245.00 Project Manager Ill $230.00 Senior Professional Il! $230.00 Project Manager II $215.00 Senior Professional Il $215.00 Project Manager | $195.00 Senior Professional | $195.00 Project Professional IV $185.00 Technical Specialist VIII $185.00 Project Professional II $175.00 Technical Specialist VII $175.00 Project Professional II $165.00 Technical Specialist VI $160.00 Project Professional | $155.00 Technical Specialist V $150.00 Staff Professional IV $145.00 Staff Professional III $135.00 Technical Specialist IV $135.00 Technical Specialist Ill $125.00 Staff Professional Il $120.00 Technical Specialist II $115.00 Staff Professional | $110.00 Technical Specialist | $105.00 Administrative Support Il $80.00 Administrative Support | $70.00 ITEM FEE Black & White Copy 8% x 11 to 18 x 24 $0.25/sheet Black & White Copy 24 x 36 to 30 x 42 $3.25/sheet Color Copy 8% x 11 to 11x17 $0.50/sheet Color Copy 24 x 36 to 30 x 42 $35.00/sheet Mylar 24 x 36 $40.00/sheet Mylar 30 x 42 $60.00/sheet Robotic per diem $350.00 Scanner per diem $475.00 Subconsultants 115% of cost Out-of-pocket expenses 115% of cost Mileage expenses Federal rates

85-25 Exhibit B State of Nef Jersey PHILIP D, MURPHY DEPARTMENT OF ENVIRONMENTAL PROTECTION SHAWN M. LATOURETTE Governor CONTAMINATED SITE REMEDIATION AND REDEVELOPMENT Commissioner OFFICE OF BROWNFIELD AND COMMUNITY REVITALIZATION TAHESHA L. WAY Mail Code 401-05K Lt. Governor P.O. Box 420 401 E. State Street Trenton, New Jersey 08625 31 December 2024 Susan McCartney, Mayor Township of West Orange 66 Main Street West Orange, NJ 07052-5054 Re: Acceptance of West Orange Township’s Brownfield Development Area Application ome Dear Mayor USM The New Jersey Department of Environmental Protection’s (Department) Office of Brownfield and Community Revitalization (Office) is excited to announce that West Orange’s application for the Lakeside Avenue Brownfield Development Area (BDA) has been selected to work in the BDA Program. The Department and our Office is pleased happy to be partnering again with West Orange to help the township realize its brownfield redevelopment goals, as outlined in the BDA application to our Office received on July 31, 2024. In the upcoming weeks, a BDA Manager from the Office of Brownfield and Community Revitalization will be assigned to the Lakeside Avenue BDA and will contact you to set up a BDA Kickoff Meeting with West Orange and the BDA Steering Committee. The BDA Manager will send an electronic copy of the Memorandum of Understanding (MOU) for your review prior to the Kickoff Meeting. At the Kickoff Meeting the BDA Manager will explain the role of our Office and the role of the Licensed Site Remediation Professional (LSRP) in the remediation of contaminated properties. Also, the BDA Manager will go over the MOU and the commitments therein that, when signed, will formalize our partnership to work on the brownfield sites in the Lakeside Avenue BDA. We look forward to working with the Township of West Orange and the Steering Committee to move the BDA goals forward. Please do not hesitate to contact me if you have any questions at (609) 940-4435 or by e-mail at Frank.McLaughlin@dep.nj.gov. Sincerely, ranklin B. McLaug! ¥ Manager Office of Brownfield and Community Revitalization cc: Zayibeth Carballo, West Orange Public Works and Engineering Department James Abbott, West Orange Township Police Department Peter Smeraldo, West Orange Township Administrative Department Allison Motnar, Matrix New World Engineering Mark Sprengel,

ngineering Department James Abbott, West Orange Township Police Department Peter Smeraldo, West Orange Township Administrative Department Allison Motnar, Matrix New World Engineering Mark Sprengel, Matrix New World Engineering Richard Trenk, Trenk, Isabel, Sibbigi & Shahdanian, P.C.

Megan Brill, Downtown West Orange Alliance Michael Brick, West Orange Environmental Commission

86-25 February 25, 2025 RESOLUTION AUTHORIZING TEMPORARY CONSTRUCTION EASEMENT AND PERMANENT ACCESS AGREEMENT WITH OWNER OF 737 NORTHFIELD AVENUE WHEREAS, a portion of the Township’s sanitary sewer line runs beneath the property located at 737 Northfield Avenue, West Orange, NJ 07052, known as Block 166, Lot 14.01 (the “Property”); and WHEREAS, the Township has determined that sanitary and stormwater piping extends across a portion of the Property; and WHEREAS, said Temporary and Permanent Easement (the “Easement”) shall include the right to mobilize, use the area for staging during construction, access, excavate, reconstruct sanitary and/or stormwater piping improvements including compaction, grade, backfill, topsoil and seed for the purposes of stabilizing disturbed areas, preventing erosion and restoring GRANTOR’s property to its condition; and WHEREAS, the owner of the Property has agreed to a Deed of Temporary Easement and Temporary Easement Agreement attached herein as Exhibit “A;” and WHEREAS, the Township Engineer has deemed this Easement necessary to protect the health and safety of residents; and NOW, BEING HEREBY RESOLVED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF WEST ORANGE, that Township is authorized to enter into the Deed of Temporary Easement and Permanent Access Agreement attached herein as Exhibit “A;” and it is further 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: February 25, 2025 I hereby certify funds are available from Account No. John Ditinyak, Chief Financial Officer 1

86-25 DEED OF PROPOSED TEMPORARY CONSTRUCTION EASEMENT, PERMANENT ACCESS EASEMENT AND PERMANENT SANITARY AND STORM SEWER EASEMENT AGREEMENT This Deed of Temporary Construction Easement and Permanent Easement Agreement made effective as of February 25th ____, 2025 BY AND BETWEEN ANITA THANI owner of 737 Northfield Avenue, Township of West Orange, County of Essex and State of New Jersey, hereinafter referred to as "GRANTOR," and THE TOWNSHIP OF WEST ORANGE, a municipal corporation of the State of New Jersey, having offices located at 66 Main Street, in the Township of West Orange, County of Essex, and State of New Jersey, hereinafter referred to as the "GRANTEE” or the “TOWNSHIP.” WITNESSETH WHEREAS, the Grantor is the sole owner of Tax Block 166, Block 14.01 on the official Tax Map of the Township of West Orange, County of Essex, State and New Jersey, also known as 737 Northfield Avenue, West Orange, New Jersey (hereinafter the “PREMISES”), and WHEREAS, the GRANTEE has determined that sanitary and stormwater piping extends across a portion of the Grantor’s property; and WHEREAS, GRANTEE desires to obtain an easement on Grantor’s property to permit the Sanitary Sewer and/or Stormwater piping beneath the premises on Grantor’s property for the benefit of the general public and WHEREAS, the GRANTOR is willing to grant to the GRANTEE and the GRANTEE is willing to accept a temporary construction, and permanent access easement and permanent sanitary and storm sewer easement over a portion of said premises that is to be an unobstructed permanent easement in order to construct, lay, maintain, operate, repair, alter, protect, replace and access sanitary and/or stormwater piping related thereto on the PREMISES; and WHEREAS, the temporary construction easement and permanent access easement and permanent sanitary and storm sewer easement are shown on a plan entitled “EXISTING CONDITIONS SURVEY” prepared by Greenman-Pedersen Inc. (GPI) dated February 18, 2025 (“Exhibit A”) and set out in a Legal Description prepared by dated Greenman-Pedersen Inc. (GPI) dated February 18, 2025 (“Exhibit B”); and Said Temporary and Permanent Easement shall include the right to mobilize, use the area for staging during construction, access, excavate, reconstruct sanitary and/or stormwater piping improvements including compaction, grade, backfill, topsoil and seed for the purposes of

, use the area for staging during construction, access, excavate, reconstruct sanitary and/or stormwater piping improvements including compaction, grade, backfill, topsoil and seed for the purposes of stabilizing disturbed areas, preventing erosion and restoring GRANTOR’s property to its condition; and