Township Council Meeting — Packet

2025 PERSONNEL RATES TITLE HOURLY RATE Expert Professional $350.00 Managing Director III $320.00 Managing Director II $300.00 Technical Director III $300.00 Managing Director I $280.00 Technical Director II $280.00 Technical Director I $260.00 Project Manager IV $245.00 Senior Professional IV $245.00 Project Manager III $230.00 Senior Professional III $230.00 Project Manager II $215.00 Senior Professional II $215.00 Project Manager I $195.00 Senior Professional I $195.00 Project Professional IV $185.00 Technical Specialist VIII $185.00 Project Professional III $175.00 Technical Specialist VII $175.00 Project Professional II $165.00 Technical Specialist VI $160.00 Project Professional I $155.00 Technical Specialist V $150.00 Staff Professional IV $145.00 Staff Professional III $135.00 Technical Specialist IV $135.00 Technical Specialist III $125.00 Staff Professional II $120.00 Technical Specialist II $115.00 Staff Professional I $110.00 Technical Specialist I $105.00 Administrative Support II $80.00 Administrative Support I $70.00 REIMBURSABLE EXPENSES ITEM FEE Black & White Copy 8½ x 11 to 18 x 24 $0.25/sheet Black & White Copy 24 x 36 to 30 x 42 $3.25/sheet Color Copy 8½ x 11 to 11 x 17 $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 Scanner per diem Subconsultants $350.00 $475.00 115% of cost Out-of-pocket expenses 115% of cost Mileage expenses Federal rates

267-25 November 24, 2025 RESOLUTION WHEREAS, the Township of West Orange proposes Professional Engineering Services for the Implementation Plan of the Comprehensive Parking Study for the Valley, Heights, and Rolling Green Hills/Municipal Plaza Areas conducted last year; and WHEREAS, the second phase of the comprehensive parking study, the Township requires the services of a professional engineering firm; and WHEREAS, the Township Engineer solicited and received a proposal dated November 13 , 2025 for the professional engineering services; and WHEREAS, Dynamic Traffic, LLC, performed the Comprehensive Parking Study for the Valley, Heights, and Rolling Green Hills/Municipal Plaza Areas; and WHEREAS, Dynamic Traffic, LLC, have performed similar work for other Townships on several projects; and WHEREAS, by letter dated November 3, 2025 the Township’s Municipal Engineer recommended a professional services contract be awarded to complete Phase 1, Phase 2A and Phase 3A to, Dynamic Traffic, LLC, 1904 Main Street, Lake Como, NJ 07719, for Professional Engineering Services associated with the Implementation Plan of the Comprehensive Parking Study at the Valley, Heights, and Rolling Green Hills/Municipal Plaza Areas; and WHEREAS, pursuant to the exception contained in N.J.S.A. 40A:11-15 for public infrastructure projects, the contract may be awarded for a period exceeding one year in duration; and WHEREAS, sufficient funds exist for the services outlined in the proposal of Dynamic Traffic, LLC; and WHEREAS, the Township Council concurs in the foregoing. NOW THEREFORE BE IT RESOLVED by the Township Council of the Township of West Orange, New Jersey that a professional services contract be awarded to Dynamic Traffic, LLC, to provide professional engineering services for the Implementation Plan of the Comprehensive Parking Study at the Valley, Heights, and Rolling Green Hills/Municipal Plaza Areas in the amount

not to exceed $80,000.00, in the same or substantially the same form as attached hereto and incorporated by reference herein.

BE IT FURTHER RESOLVED that a copy of this Resolution be published in the West Orange Chronicle within ten (10) days of its approval as required by State Statute. Karen J. Carnevale, R.M.C. Municipal Clerk Joe Krakoviak Council President Adopted: November 24, 2025 I hereby certify funds are available from: _____________________________________ John C. Ditinyak, Chief Financial Officer ACCOUNT NO. 2025 Capital Budget Account # 03-2915-25-0900-010 $80,000.00

267-25 November 24, 2025 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made this ______ day of ______________, ______ BETWEEN: Township of West Orange 66 Main Street West Orange, New Jersey 07052 Hereinafter Referred to as the "Township" AND: DYNAMIC TRAFFIC, LLC, Hereinafter Referred to as the "Professional;" W I T N E S S E T H: WHEREAS, the Township recognizes the need for Professional Engineering Services; and WHEREAS, in that connection DYNAMIC TRAFFIC, LLC is qualified to provide said services; and WHEREAS, the Township desires to engage DYNAMIC TRAFFIC, LLC, to serve as an "Independent Contractor" to provide professional services that may be designated by the Township as a fair and open contract pursuant to the provisions of N.J.S.A. 19:44A- 20.5; NOW, THEREFORE, in consideration of the terms, conditions and stipulations hereinafter set forth, it is mutually agreed by and between the parties: 1. WORK TO BE PERFORMED a) The Professional shall perform services for the Township of West Orange as specified and detailed in the proposal for services issued on November 13, 2025 (the “Proposal”), which is hereby incorporated herein and attached hereto as Exhibit A. In the event of any conflict between the Proposal and this Agreement, the terms and conditions contained within this Agreement shall be controlling. b) Any and all work performed pursuant to this Agreement shall be performed to acceptable practices, and standards within the industry and to the satisfaction of the Township. 2. CONSIDERATION 1

a) The Township shall compensate Professional based upon the fee estimates specified in the Proposal. These fee estimates are primarily task-based and assume a reasonable project schedule and progression. If said services are projected to continue beyond the estimated time of completion, then prior to exceeding the fee estimates, Professional will identify the schedule impacts and discuss the additional fee estimates with the Township. The hourly rates charged for services shall be as specified in the Dynamic Traffic Municipal Rate Sheet and Level G Municipal Rate Card, attached hereto as Exhibits B and C, respectively. 3. TERM The term of this agreement shall be as specified in the Estimated Times of Completion contained in the Agreement, unless earlier terminated in accordance with the provisions set forth in Section 14, below. Pursuant to the exception contained in N.J.S.A. 40A:11-15 for public infrastructure projects, the contract may be awarded for a period exceeding one year in duration. 4. NEW JERSEY LAW This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey notwithstanding any provisions of such laws relating to jurisdiction. 5. PARTIAL INVALIDITY If any term, condition, or provision of this Agreement or the application thereof to any person or circumstance shall, at any time, or to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those to which this Agreement is invalid or unenforceable, shall not be affected thereby, and each term, condition, and provision of this Agreement shall be valid and enforced to the fullest extent permitted by law, provided, however, that no such invalidity shall in any way reduce the services to be performed by the Professional for the Township. 6. NO ASSIGNMENT The Professional shall not assign, transfer, convey, sublet, or otherwise dispose of this Agreement or its right, title or interest in or to the same or any part thereof without prior written consent of the Township and the approval of the Township's Municipal Council. 7. BINDING ON SUCCESSORS Except as otherwise provided in this Agreement, all agreements' terms, provisions and conditions to this Agreement shall be binding on and inure to the benefit of the parties hereto, their respective personal

s otherwise provided in this Agreement, all agreements' terms, provisions and conditions to this Agreement shall be binding on and inure to the benefit of the parties hereto, their respective personal representatives and successors. 2

8. MODIFICATIONS No modification of this Agreement shall be valid or binding unless the modifications shall be in writing, approved by the Township's Municipal Council and executed by and between the Township and the Professional. 9. NO WAIVER No waiver of any term, provision or condition contained in this Agreement or any breach of any such term, provision or condition shall constitute a waiver of any subsequent breach of such term, provision or condition by either party, or justify or authorize the non-observance on any other occasion of the same, or any other term, provision, or condition of this Agreement by either party. 10. CAPTIONS The captions or the paragraph headings contained in this Agreement are solely for purposes of convenience and shall not be deemed part of this Agreement for the purpose of construing the meaning thereof or for any other purpose. 11. RECORDS All records and data relating to work performed for the Township shall belong to the Township and shall be surrendered to the Township upon the expiration or termination of this Agreement, except that the Professional will retain such information as is necessary to maintain a complete work record. The Professional shall not use such information or data except for the performance of the service hereunder, without the prior written permission of the Township. 12. INSURANCE The Professional performing work for or on behalf of the Township of West Orange shall keep in force the following types of insurance at its own expense and underwritten by a company licensed to do business in the State of New Jersey and acceptable to the Township of West Orange. The Township of West Orange reserves the right to accept, amend or modify any of the conditions listed. The Township of West Orange must be notified within three (3) days of an offense, which may result in a claim. The Professional shall not take any action to cancel any of the insurance required under this Agreement without the approval of the Township. The maintenance of insurance under this section shall not relieve the Professional of any liability greater than the insurance coverage. Any and all subcontractors retained must fully comply with the same insurance requirements as listed. a. WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE 3

with limits of not less than $1,000,000.00 will be maintained in full force during the life of this contract by the professional covering all employees engaged in performance of this contract pursuant to N.J.S.A. 34:15-12(a) and N.J.A.C. 12-235- 1.6. b. GENERAL LIABILITY INSURANCE with limits of not less than $1.000,000.00 for Bodily Injury and Property Damage Liability each occurrence and $1,000.000.00 General Aggregate will be maintained in full force during the life of the contract by the professional. The policy will include professional's protective liability insurance (also known as contingent liability insurance) with the same limits. In the event more than one insured is named in the policy, a CROSS LIABILITY endorsement will be included which provides that the employees of each of the named insureds are not excluded under the policy as respect to claims that are made against other named insured. c. AUTOMOBILE LIABILITY INSURANCE with limits of not less than $l,000.000.00 Liability and Property Damage Liability Combined Single Limit, $1,000,000.00 Uninsured Motorist and Underinsured Motorist, $1,000,000.00 4

Owned, Hired and Non-owned Automobile, will be maintained in full force during the life of this contract by the professional. d. PROFESSIONAL LIABILITY INSURANCE with the limits of not less than $2,000,000.00 maintained in full force during the life of the contract by the professional. 13. INDEMNIFICATION AND HOLD HARMLESS The Professional performing work agrees, at its sole coast and expense, to release, indemnify, defend and satisfy all judgments, and hold harmless the Township of West Orange including their employees, officers, agents, servants, representatives, and officials from and against any and all claims, actions, costs, penalties, losses, damages, liabilities, judgments, demands, and expenses, including, but not limited to, attorney's fees and defense costs which arise out of the performance of this Agreement providing that such claim, action, judgment, cost, penalty, liability, damage, loss or expense is caused in whole or in part, by the negligence or professional error or omission of the Professional or any person employed by it. The Professional shall provide to the Township with evidence that, at all times during the term of this engagement, it has obtained statutory professional liability and any other statutorily required coverages. No limitations on the foregoing indemnity shall impair or limit the Township's recourse to the insurance coverage set forth herein. 14. TERMINATION Either party may terminate the Agreement upon twenty (20) days written notice to the other party. Upon such termination, the Township shall pay the Professional for all services performed hereunder up to the date of such termination in accordance with the payment terms of this Agreement as well as all reasonable costs and expenses incurred by the Professional in effecting the termination, including, but not limited to non-cancelable commitments and demobilization costs. 15. ENTIRE AGREEMENT This Agreement, including the attachments referenced herein, contains the entire Agreement of the parties hereto and may not be amended, modified, released or discharged, in whole or in part, except as specifically provided herein or in an instrument in writing executed by the parties hereto.