Township Council Meeting — Packet

The PA is designed to meet the diligent inquiry requirements of the Technical Requirements for Site Remediation (Technical Regulations) at N.J.A.C. 7:26E-3.1 and 3.2 to determine if there may be potentially contaminated areas of concern (AOCs) that require further investigation. PA Report An electronic DRAFT report will be issued for your review and comment. Upon receipt and consideration of your comments, the FINAL report will be issued upon your authorization. The FINAL report will be provided in electronic format via electronic mail, or via a cloud-based link if the file size is too large to email. Task 2 – Geotechnical Engineering Services Matrix will review any available documents pertaining to the site which may include pertinent information to be used in this task. Matrix will provide geotechnical engineering services to investigate subsurface conditions and evaluate their impact on proposed construction. Matrix will prepare the subsurface exploration program which will include a boring location plan on a CAD base plan (to be provided by the client) and proposed sampling depths and intervals. The planned scope of services is described below. Subsurface Investigation Prior to the subsurface investigation, the client shall provide a site location plan detailing utility locations currently servicing the site. Matrix anticipates completing 2 to 3 geotechnical borings to depths of 30 to 50 feet below grade (unless refusal is encountered shallower). Matrix has allotted for 1 day of drilling and an anticipated program will be determined prior to mobilization. It is anticipated that a rubber track ATV or truck rig will be utilized for the borings and that access to the boring locations is assumed to be feasible. Standard split spoon sampling will be conducted in each boring continuously to a depth of 12 feet below the ground surface (bgs), and at nominal five-foot intervals thereafter, if the conditions warrant. Split spoon samples will be collected using the Standard Penetration Test (SPT) in accordance with ASTM D1586, Standard Method for Penetration Test and Split-Barrel Sampling of Soils. Matrix will lay out the borings by taping and line of sight measurement using mapping provided by the client and will provide full-time technical observation of the field operations, including logging of the subsurface materials and collection of samples. Samples

surement using mapping provided by the client and will provide full-time technical observation of the field operations, including logging of the subsurface materials and collection of samples. Samples obtained during the exploration program will be returned to Matrix’s office for further examination and testing, as warranted. If contaminated soil or groundwater is encountered that is deemed detrimental to the health and safety of the field staff, the boring will be terminated and backfilled and the client notified. Matrix will prepare a supplemental proposal for completing the investigation with the required increases in PPE and additional environmental precautions. The drilling subcontractor will contact the One Call service for general utility mark-out. Additionally, a GPR survey will be conducted to clear all proposed test borings. Borings advanced greater than 25 feet in depth will be grouted to the ground surface. Excess drill cuttings will be raked adjacent to the borehole. Soil samples collected during this evaluation will be discarded after six months of the completion of the subsurface investigation unless the client arranges to retrieve the samples from Matrix’s storage facility prior to that time. 3

Geotechnical Laboratory Testing Matrix will subcontract and arrange for appropriate geotechnical laboratory tests on selected representative soil samples recovered during the field operations. We anticipate performing geotechnical laboratory tests for moisture content, grain size analysis, and Atterberg limits (plasticity indices) to determine the engineering index characteristics of the soils. Engineering Evaluation Matrix will evaluate the field and laboratory data to determine the impact of subsurface conditions on the planned construction. Reporting Matrix will prepare a geotechnical report of the investigation which will include: • Boring location plan • Boring logs including descriptions of the subsurface materials, standard penetration test data • Description of subsurface conditions • Laboratory testing results • Recommendations for excavation and controlled fill • Recommended geotechnical design parameters • Foundation recommendations PROJECT COST AND SCHEDULE The total cost to conduct the above tasks for the Site is $22,260. Task 1 – Preliminary Assessment Labor .................... ............................................................................................................ $ 7,500.00 Direct Expenses (NJ PA - EDR package) ......................................................................... $ 1,260.00 Task 1 Estimated Costs..................................... $ 8,760.00 Task 2 – Geotechnical Engineering Services Labor and Direct Expenses (Driller, Analytical, Travel).................... .................................. $ 13,500.00 Task 2 Estimated Costs..................................... $ 13,500.00 TOTAL COSTS ................................................. ….$22,260.00 The above work will be completed in accordance with Matrix’s Terms and Conditions (Attachment 1). Matrix is prepared to start work on this project immediately after receipt of the notice to proceed. The return of a signed copy of this letter shall constitute authorization to proceed. We thank you for the opportunity to be of service to you on this project. ASSUMPTIONS AND EXCLUSIONS This proposal is based on the following assumptions: • Costs assume that all areas are accessible for inspection; • No additional assessment, investigation or remediation activities are included; • No client meetings will be required; • Costs do not include any

assume that all areas are accessible for inspection; • No additional assessment, investigation or remediation activities are included; • No client meetings will be required; • Costs do not include any environmental soil sampling activities; • Costs do not include future soil or groundwater remediation; • Costs exclude any NJDEP inspections; 4

• • • • • • • Costs do not include additional borings or test pits if required beyond the scope of work provided above; Costs do not include foundation, slab, or pavement design; Costs do not include Site specific seismic evaluation; Costs do not include preparation of drawings; Costs do not include construction oversight or inspection services; Costs do not include any additional NJDEP notification or reporting fees; and All external costs will be charged at cost plus 15%. We thank you for the opportunity to be of service to you on this project. If you have any questions or require any additional information, do not hesitate to contact me at (973) 240-1800 or at amolnar@mnwe.com. Sincerely, Allison Molnar Project Manager 5

PROPOSAL ACCEPTANCE The signature below, by a duly authorized representative of Client, indicates acceptance of the above referenced proposal and all attachments including the Terms and Conditions without exception. Acceptance is limited to the terms stated in this proposal, and any additional or different terms are rejected unless expressly agreed to in writing by Matrix. Name (please print) Title (please print) Signature Company Name (please print) Phone Number E-mail Address Date Contact Information for Invoice (if different than above): Name (please print) Title (please print) Signature Company Name (please print) Street Address, City, State, Zip Phone Number E-mail Address Date 6

APPENDIX A MATRIX STANDARD TERMS AND CONDITIONS

TERMS AND CONDITIONS FOR PROFESSIONAL SERVICES Matrix New World Engineering, Land Surveying and Landscape Architecture, PC Section 1: SERVICES Matrix New World Engineering, Land Surveying and Landscape Architecture, PC (Matrix) agrees to perform the professional services (the “Services”) as described in the Proposal incorporated herein by reference for the CLIENT on a best efforts, time and materials basis, consistent with the applicable standard of care, under the terms and conditions set forth below. Matrix reserves the right to amend the contents of the Proposal, if written authorization is not received within 90 days. These Terms and Conditions together with the Proposal constitute the agreement between Matrix and the CLIENT for the Services (the “Agreement”). Section 2: COMPENSATION The CLIENT shall be responsible for all costs specifically enumerated in the proposal. For any costs set forth in the proposal as an estimated range, Matrix shall provide CLIENT with an exact cost as soon as it can be determined. CLIENT shall also be responsible for any REIMBURSABLE COSTS not specifically set forth in the proposal. REIMBURSABLE COSTS include: out-ofpocket expenses, the cost of which shall be charged at actual cost plus an administrative charge of fifteen percent (15%) and shall be itemized and included in the invoice. Typical out-of-pocket expenses shall include, but not be limited to, travel expenses (lodging, meals, etc.), job-related mileage at the prevailing IRS mileage rate, long distance telephone calls, printing and reproduction costs, and survey supplies and materials. Section 3: CLIENT'S OBLIGATIONS To assist Matrix in performance of the Services, CLIENT shall provide Matrix with appropriate material, data and information in its possession pertaining to the specific project or activity. Matrix shall be entitled to rely upon the accuracy and completeness of services and information furnished by the CLIENT and CLIENT’s consultants. The CLIENT will advise Matrix of the nature and extent of any hazardous waste at the site. If Matrix discovers after it undertakes the Services that the site is of a different nature of hazard as defined by the client, or if unanticipated hazards are presented, the CLIENT and Matrix agree that the scope of services, schedule and estimated budget fee shall be adjusted as needed to complete the work without injury or

or if unanticipated hazards are presented, the CLIENT and Matrix agree that the scope of services, schedule and estimated budget fee shall be adjusted as needed to complete the work without injury or damage. Unless otherwise specifically provided in this agreement, Matrix and its consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxic substances in any form at the project site. Section 4: INVOICE PROCEDURE AND PAYMENT Matrix will submit invoices to the CLIENT monthly and a final bill upon completion of the Services. Payment is due thirty (30) days from invoice date. CLIENT agrees to pay a finance charge of one and one-half percent (1.5%) per month, or the maximum rate allowed by law on past due accounts. CLIENT will be liable for all collection and court costs, disbursements, staff time expended for court appearances and depositions, and attorney's fees incurred in the collection of any outstanding invoices. Section 5: OWNERSHIP OF DOCUMENTS All survey notes, drawings, bills of materials, specifications, blueprints, reports, calculations, and all other material prepared by Matrix and its consultants in connection with the specific project, including those in electronic form, are Instruments of Service to be used solely with respect to this Project. Matrix and its consultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law, statutory and other reserved rights including copyright. Upon execution of Agreement, Matrix grants to CLIENT a non-exclusive license to reproduce the Instruments of Service solely for the purposes of constructing, using, and maintaining the Project, provided that CLIENT shall comply with all obligations, including prompt payment of all sums when due, under this Agreement. CLIENT shall not assign, delegate, sub-license, pledge or otherwise transfer any license granted herein to any other party without the prior written agreement of Matrix. Any unauthorized use and/or use of the Instruments of Service in violation of this Agreement, shall be at CLIENT’S sole risk and without liability to Matrix and its consultants, and CLIENT shall defend and indemnify MATRIX and its consultants against any claim and damages arising from such unauthorized use. The terms of this Section shall

bility to Matrix and its consultants, and CLIENT shall defend and indemnify MATRIX and its consultants against any claim and damages arising from such unauthorized use. The terms of this Section shall apply unless and until it is adjudged by a court of competent jurisdiction that CLIENT rightfully terminated this Agreement for cause under Section 19. If and upon the date that Matrix is adjudged in default of this agreement by a court of competent jurisdiction, the foregoing license shall be deemed terminated and replaced by a second, nonexclusive license permitting CLIENT to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections, or additions to the Instruments of Service solely for purposes of completing, using and maintaining the Project. If set forth in the Proposal, the Instruments of Service shall become the co-owned property of the CLIENT and shall be transferred to the CLIENT upon completion of the project and upon receipt of complete payment for the scope of work outlined in the Proposal. Matrix may retain a single copy of such information and documents. Section 6: CONFIDENTIALITY Matrix agrees to keep confidential and not to disclose to any person or entity, other than Matrix's employees and subcontractors, without the prior consent of the CLIENT, all data and information not previously known to and generated by Matrix, or furnished to Matrix and marked CONFIDENTIAL by the CLIENT in the course of Matrix's performance hereunder; provided, however, that this provision shall not apply to data which are in the public domain, or were previously known to Matrix, or were acquired by Matrix independently from third parties not under obligation to CLIENT to keep said data and information confidential. CLIENT shall not restrict Matrix from complying with an order to provide information or data when such order is issued by a court, administrative agency or other authority with proper jurisdiction. The technical and pricing information contained in any proposal submitted by Matrix as to this project, or in the Agreement or any addendum thereto, is 1