Township Council Meeting — Packet

SCE-P14706.011 October 9, 2025 Project Schedule SCE understands it is the intent of the Township to advertise for bids by Summer/Fall 2026 with construction in Fall 2026. SCE will commence services within two (2) weeks of receipt of the fully executed proposal or agreement. It is assumed that all project phases and tasks as described above will be performed consecutively, with no significant project schedule delays. The project schedule is dependent upon timely Township responses and if applicable, weather conditions for fieldwork and governing agency review periods. A significant project schedule delay may result in an adjustment to our fees or issuance of a new proposal for the remaining scope of work to be completed. SCE will communicate with the Township regularly regarding the project schedule. Services Not Included Unless Authorized It should be noted that our fee is based on the specific scope of services as explained above. Additional services and items may be determined to be required during the course of the project that have not been included in our fee proposal. If additional services are required, SCE will provide a contract amendment outlining those services and additional fees and submit it to the Township for approval. Services and items which have not been included or made part of this proposal include but are not limited to the following:         Additional Surveying services that are not specifically noted above. Design services not specifically noted in the scope of services above. Environmental investigation and NJDEP permits. Permit application fees. Freshwater wetland investigations or permits. Additional meetings not specifically noted in the scope of services above. Review agency required revisions. Any services not specifically noted in the scope of services above. Fee Structure SCE will utilize the following fee structure for the scope of services as outlined above:             Principal/Project Officer $195/hour Senior Project Manager $190/hour Project Manager $185/hour Senior Project Licensed Professional $175/hour Project Licensed Professional $165/hour Licensed Professional $155/hour Senior Project Coordinator $175/hour Project Coordinator $165/hour Senior Designer/Senior Survey Analyst $140/hour Designer/Survey Analyst $130/hour Senior Environmental Scientist $135/hour Environmental Scientist

t Coordinator $175/hour Project Coordinator $165/hour Senior Designer/Senior Survey Analyst $140/hour Designer/Survey Analyst $130/hour Senior Environmental Scientist $135/hour Environmental Scientist $130/hour 7

SCE-P14706.011 October 9, 2025                  Senior Project GIS Analyst $150/hour Project GIS Analyst $140/hour GIS Analyst $135/hour Senior GIS Technician $125/hour GIS Technician $115/hour Senior GIS Project Coordinator $140/hour GIS Project Coordinator $135/hour Senior Observer $135/hour Observer $125/hour Senior Technician $120/hour Technician $110/hour Project Administrator $125/hour Administrative Support $75/hour Equipment Unit Cost o Unmanned Aerial Systems / Remotely Operated Vehicle $150/hour o Robotic/LiDAR $50/hour o GPS $25/hour o Environmental Injection Pump & Equipment $150/day Reimbursable expenses may include but are not limited to printing / reproduction, mileage, parking and tolls, overnight postage, messenger fees, certified mailings, certified property owners list, uniformed traffic protection, permit applications, and associated filing or recording fees. Any third party incurred reimbursable expenses and/or subconsultant fees will be invoiced at SCE’s cost plus 15%. Mileage will be billed in accordance with Federal prevailing rate. Standard Contract Terms & Conditions In accordance with the above information, Client agrees to the following: Standard of Care SCE shall perform all services in accordance with the degree of skill and care ordinarily used by competent practitioners of the same professional discipline when performing similar services under similar circumstances, taking into consideration applicable state requirements and project site conditions. Termination of Contract Client may terminate this Agreement with seven days prior written notice to SCE for convenience or cause. SCE may terminate this Agreement for cause with seven days prior written notice to Client. Failure of Client to make payments when due shall be cause for suspension of services or, ultimately, termination, unless and until SCE has been paid in full all amounts due for services, expenses, and other related charges. Hazardous Environmental Conditions It is acknowledged by both parties that SCE's Scope of Services does not include any services related to the remediation at the site of asbestos, PCBs, petroleum, hazardous waste, or radioactive materials. Client acknowledges that SCE is performing professional 8

SCE-P14706.011 October 9, 2025 services for Client and SCE is not and shall not be required to become an "arranger", "operator", "generator", or "transporter" of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1990 (CERCLA). Ownership of Documents All documents prepared or furnished by SCE pursuant to this Agreement are instruments of SCE's professional service, and SCE shall retain an ownership and property interest therein. SCE grants Client a license to use instruments of SCE's professional service for the purpose of constructing, occupying, and maintaining the Project. Reuse or modification of any such documents by Client, without SCE's written permission, shall be at Client's sole risk, and Client agrees to indemnify and hold SCE harmless from all claims, damages, and expenses, including attorneys' fees, arising out of such reuse by Client or by others acting through Client. Indemnification To the fullest extent permitted by law, Client and SCE each agree to indemnify the other party and the other party’s officers, directors, partners, employees, and representatives, from and against losses, damages, and judgments arising from claims by third parties, including reasonable attorneys’ fees and expenses recoverable under applicable law, but only to the extent they are found to be caused by a negligent act, error or omission of the indemnifying party, or any of the indemnifying party’s officers, directors, members, partners, agents, employees, or sub-consultants in the performance of services under this Agreement. If claims, losses, damages, and judgments are found to be caused by the joint or concurrent negligence of Client and SCE, they shall be borne by each party in proportion to its negligence. Force Majeure Neither party shall be deemed in default of this agreement to the extent that any delay or 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

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 long-term compatibility, usability, or readability of documents 9

SCE-P14706.011 October 9, 2025 resulting from the use of software 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 rebidding 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

. 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 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, 10

SCE-P14706.011 October 9, 2025 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 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

d 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 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 11

SCE-P14706.011 October 9, 2025 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. 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-P14706.011) 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. Perello, LLA, RLA, ASLA, PP, Vice President Accepted this ________ Day of _____________ 20_____ By: ________________________________________________ ________________________________________________ (Printed Name & Title) Enclosures Evidence of Insurance 12