Township Council Meeting — Packet

that any claim against MFS arising under this Agreement and the performance thereof shall be subject to nonbinding mediation as a prerequisite to further legal proceedings. If the parties do not agree otherwise, then mediation shall proceed pursuant to AAA’s procedures, but in no case shall MFS’s ability to pursue outstanding invoices be subject to this mediation pre-condition. 18. RELIANCE BY OTHERS Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third-party against either the Client or MFS. Further, MFS and its consultants shall be entitled to use or rely upon design elements and information ordinarily or customarily furnished by the Client and others including but not limited to, specialty contractors, manufacturers, suppliers, and the publishers of technical standards, and therefore, to the fullest extent permitted by law, the Client agrees to defend, indemnify, and hold harmless MFS and MFS’s consultants, parents, subsidiaries, affiliates, partners, officers, directors, shareholders, employees, and agents for any and all claims, damage obligations, liabilities, suits, demands, and loss, including attorneys’ fees and all other costs, expenses, and disbursements, to which MFS may be subject, actually or allegedly arising from or relating to (i) any unknown site condition or subterranean structures of which MFS does not have actual knowledge; (ii) any errors, omissions, or inconsistencies in any data documents, records, or information provided to MFS by the Client or third parties; or (iii) the Client’s unauthorized use or copyright violation of plans, reports, documents, and related materials prepared by MFS. In the event any part of this indemnification is void as a matter of law, then only that portion that is deemed void as a matter of law shall be stricken and the balance of this indemnification shall remain in full force and effect. 19. THIRD-PARTY CERTIFICATES MFS shall not be required to sign any document no matter by whom requested that would result in MFS having to certify, guarantee, or warrant anything or offer any professional opinion or statement that MFS in its sole discretion finds unreasonable. Owner agrees not to make resolution of any dispute with MFS or payment of any amount due MFS in any way contingent upon MFS signing any such document. Initials:

ts sole discretion finds unreasonable. Owner agrees not to make resolution of any dispute with MFS or payment of any amount due MFS in any way contingent upon MFS signing any such document. Initials: _____________ Page 3 of 4 Date: ______________

20. BONDING MFS shall not provide or have any responsibility for surety bonding or insurance related advice, recommendations, counseling, or research or enforcement of construction insurance or surety bonding requirements. 21. ENTIRE AGREEMENT This Agreement (consisting of these Terms and Conditions, MFS's Fee Schedule, if applicable, and any Proposal which these Conditions accompany and of which they are part) constitutes the entire agreement between the parties, supersedes any and all prior agreements or representations of the parties to this agreement, and may not be modified, amended, or varied except by a document in writing signed by the parties hereto. Initials: _____________ Page 4 of 4 M:\MFS Contracts\MFS Term & Conditions FINAL\2024 Terms and Conditions\2024_MFS Schedule of Terms and Conditions_DPC_w-o Hourly Rates.docx Date: ______________

SUMMARY OF STAFFING CLIENT: August 2, 2024 Greenman-Pedersen, Inc. PROJECT: MFS # NJ24060.001R1 P.E. Phase Survey Services - NJDOT TAP 2023 Washington St. Corridor Improvement Project Phase 2 TITLE ASCE 1 GRADE TASKS 2 3 CURRENT DIRECT TOTAL HOURLY TECHNICAL 4 5 HOURS RATE LABOR Principal/Owner PIX 3 3 1 0 0 7 $88.63 $620.41 Project Manager PV 10 11 5 0 0 26 $70.42 $1,830.92 Senior Technician ET5 23 7 24 54 $64.75 $3,496.50 Technician ET4 15 5 14 34 $42.14 $1,432.76 CAD Operator ET3 0 0 10 10 $19.23 $192.30 Chief of Party ET4 30 80 0 110 $47.26 $5,198.60 Instrument Person ET3 30 20 0 50 $35.25 $1,762.50 Rodperson ET3 0 $27.93 $0.00 Clerical 0 $40.52 $0.00 Clerical Salaries TOTAL 111 126 54 0 0 291 $14,533.99 DIRECT EXPENSES: Aerial Photography $0.00 PAYROLL $14,533.99 Aerial LiDAR $0.00 164.01% OVERHEAD $23,837.20 $0.00 18.00% FEE $2,616.12 DIRECT EXPENSES $486.42 TOTAL $41,473.73 Subsistence Mileage days @ $200 per day 726 miles @ $0.67/mile $486.42 Closings - Lane Closings days @ $3,250 per day $0.00 Closings - Shoulder Closings days @ $2,450 per day $0.00 Closings - Shadow Truck days @ $0.00 $975 per day Materials, Postage etc Other $0.00 $0.00 Direct Expense Total: $486.42 TASKS 1). Activity 3015 - Prepare Control Survey Report 2). Activity 3020 - Conduct Topographic Survey 3). Activity 3025 - Prepare Base Maps 4). 5). NJ24060.001 MFS SumStaff - NJDOT 2024.xlsx 8/2/2024

FIXED FEE CALCULATION PROJECT: Washington St. Corridor Improvements Project Phase 2 (PE) CONSULTANT: MFS AGREEMENT OR CAM NO. PREPARED BY: DATE: Scott Dey 8/2/2024 EVALUATE PROJECT SPECIFICS: Directions: Prime Consultant will use Total Project Design Cost (or Task Order Design Cost) for the SIZE criteria Each Subconsultant will assign points for SIZE, COMPLEXITY, DURATION, & DEGREE OF RISK based on its specific project tasks. SPECIFICS CRITERIA SIZE: COMPLEXITY: DURATION: DEGREE OF RISK: POINTS RATING SMALL - Total Fee (Project Design Cost) < $1,250,000 15 15 LARGE - Total Fee (Project Design Cost) > $1,250,000 20 SIMPLE - Limited Scope of Work; Deck Patching, Resurfacing, Restoration, Concept Development, Studies, Surveys, Landscape, Inspections 10 STANDARD - Moderate Scope; Rehabilitation, New, or Reconstruction 15 COMPLEX - Multi-disciplined, Highly Specialized, or Major Unusual 20 STANDARD - Appropriate Schedule 15 AGGRESSIVE - Designers Schedule Reduced > 10 % 20 LEVEL 1 - Low Risk of Claims; Limited Scope of Work, Deck Patching, Resurfacing, Restoration, Concept Development, Studies, Surveys, Landscape, Inspections 20 LEVEL 2 - Average Risk of Claims; Standard Complexity or Level 1 with High Public Exposure 30 LEVEL 3 - High Risk of Claims; Hazardous, Experimental, or Bonus/Penalty Clauses 40 10 15 20 TOTAL RATING = 60 CALCULATE FEE: PROJECT SPECIFICS FACTOR (Total Rating /100) = 0.60 FEE FACTOR (Project Specifics Factor x 0.30) = 0.18 DIRECT LABOR COSTS $ 14,534 TOTAL FEE (Direct Labor Costs x Fee Factor) = $ 2,616 Fixed Fee Calculation Page 1 Revised 08/12/2015

DEPARTMENT OF TRANSPORTATION P.O. Box 600 Trenton, New Jersey 08625-0600 PHILIP D. MURPHY Governor FRANCIS K. O’CONNOR Commissioner TAHESHA L. WAY Lt. Governor July 11, 2024 Ms. Lisa Lieb Corporate Finance Director MFS Consulting Engineers & Surveyor, DPC 2780 Hamilton Blvd. South Plainfield, NJ 07080 Dear Ms. Lieb: Based on our review of MFS Consulting Engineers & Surveyor, DPC’s submitted Overhead Statement for the year ended December 31, 2023, we have determined an overhead rate of 164.01 percent should be used for funding purposes on future contracts with the Department. In addition, in accordance with current Department policy, if FCCM is specifically identified in the cost proposals relating to the contract under which the cost is to be claimed, the audited FCCM rate of 0.64 percent should be used for all new contracts and extra work modifications. Furthermore, if MFS Consulting Engineers & Surveyor, DPC. plans to pursue construction inspection work with the Department, MFS Consulting Engineers & Surveyor, DPC. will need to provide the Department with additional documents to establish a field rate with the Department. In addition, the overhead rate proposed on this overhead letter expires on July 1, 2025. This rate is subject to audit verification. Our acceptance of this rate does not extend beyond contracts with the New Jersey Department of Transportation. Any other entity contracting with the firm is responsible for determining the acceptability of the overhead statement. If you have any questions, feel free to contact Miller Khalil at (609) 963-1921, or at miller.khalil@dot.nj.gov. Sincerely, Richard Temmer Manager, Bureau of External Audit

134-25 May 6, 2025 RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE NEW JERSEY DEPARTMENT OF TRANSPORTATION’S: TRANSPORTATION ALTERNATIVES SET-ASIDE PROGRAM 2025 FOR THE PLEASANTDALE STREETSCAPE PROJECT WHEREAS, the Township of West Orange, Essex County, State of New Jersey, desires to apply to the New Jersey Department of Transportation for funding under the Transportation Alternatives Set-Aside Program in an amount not to exceed $1,500,000; and WHEREAS, the Transportation Alternatives Set-Aside Program provides federal funds for community based “non-traditional” surface transportation projects designed to strengthen the cultural, aesthetic, and environmental aspects of the nation’s intermodal system; and WHEREAS, the Township of West Orange has designed the Pleasantdale Streetscape Project to meet all criteria necessary to receive funding under the Transportation Alternatives Set-Aside Program, and to maximize accessibility of multiple modes of surface transportation within this project area in West Orange; and WHEREAS, the Pleasantdale Streetscape Project will encourage alternative modes of transportation, enhance travel, improve open space and smart growth, and positively impact the quality of life for the Township's residents; and WHEREAS, the Township of West Orange is applying for funding for a project directly related to surface transportation to improve and encourage pedestrian and safety for alternative modes of transportation for West Orange residents; and WHEREAS, this primary activity involves land that is owned by the County of Essex, and the Township of West Orange hereby commits to maintain the Project Area once developed; and WHEREAS, following the completion of the proposed project, the Township of West Orange certifies that it will be responsible for the continual maintenance for the useful life of the project after the construction is completed through its Department of Public Works; and WHEREAS, the Township of West Orange will assign Zayibeth Carballo, Municipal Engineer, to serve as the Township’s full-time employee designated as the “responsible charge” for this project; and NOW THEREFORE BE IT RESOLVED that the Mayor and Council of the Township of West Orange, hereby authorize the submission of a Transportation Alternatives Set-Aside Program grant application identified as “TA-2025-Pleasantdale Streetscape

e Mayor and Council of the Township of West Orange, hereby authorize the submission of a Transportation Alternatives Set-Aside Program grant application identified as “TA-2025-Pleasantdale Streetscape Project-00049” to the New Jersey Department of Transportation: Transportation Alternatives Set-Aside Program Pleasantdale Streetscape Project; and

BE IT FURTHER RESOLVED that the Mayor, Administrator, and Clerk are hereby authorized to sign the grant agreement on behalf of the Township of West Orange and that their signatures constitute acceptance of the terms and conditions of the grant agreement and approve the execution of the grant agreement. Certified as a true copy of the Resolution adopted by the Township Council On this 6th day of May, 2025. ______________________________ Karen J. Carnevale, R.M.C. Municipal Clerk ______________________________ Joseph Krakoviak Council President

135-25 May 6, 2025 RESOLUTION WHEREAS, the following charitable organization(s) have applied for a Raffle License which raffle is to be conducted within the Township of West Orange, NOW THEREFORE, BE IT RESOLVED by the Township Council of the Township of West Orange, that the Municipal Clerk is hereby authorized to issue a license to conduct a raffle by the following organization (s) at the place (s) and time(s) set opposite their respective name(s): Organization Type of Event/Date Place RL No. BPOE Lodge #1590 W.O 6.28.25 Off Premise 50/50 424 Main Street 7909 Karen J. Carnevale, R.M.C. Township Clerk Adopted: May 6, 2025 Joe, Krakoviak, Council President