Township Council Meeting - Wednesday — Packet

this Agreement. {b) In the event that a conflict or potential conflict of interest arises, the Professional shall notify the Township in writing within three (3) days of becoming aware of the conflict or the potential conflict. Failure to provide such notice may be grounds for termination of this Agreement for cause. (c) In the event that the Township receives timely notice of an actual or potential conflict, the Township and the Professional shall attempt to reach an agreement on a course of action in response to the actual or potential conflict. If such an agreement cannot be reached, the Township has the right to terminate the Agreement for convenience. 23. INDEPENDENT CONTRACTOR The Professional shall be and remain an independent contractor with respect to all services performed hereunder and agrees to and does hereby accept full and exclusive liability for the payment of any and all contributions or taxes for social security, unemployment insurance or old age retirement benefits, pensions or annuities now or hereafter imposed under any state or federal law which are measured by the wages, salaries or other remuneration paid to persons employed by the Professional for work performed under the terms of this contract and further agrees to obey all lawful rules and regulations and to meet all lawful requirements by all duly authorized state or federal officials, and said Professional agrees to indemnify and save harmless the Township from any such contributions or taxes or liability therefore. 24. EQUAL, EMPLOYMENT OPPORTUNITY; Professional acknowledges that he/she shall comply with the requirement of N.J.S.A. 10:5-31, et seq. and N.J.A.C. 17:27 and submit to the State of New Jersey and/or the Township such documentation as shall be required by law as more specifically set forth in Exhibit C entitled "Mandatory Equal Employment Opportunity 17:44-2.2: The Professional shall maintain all documentation related to products, transactions or services under this contract for a period of five years from the date of final payment. Such records shall be made available to the New Jersey Office of the State Comptroller upon request. 7

Refusal by the Professional to provide information upon request by the State Comptroller or otherwise impede or fail to cooperate with any audit or performance review, the State Comptroller may recommend to the Township that the person be subject to termination of their contract, or temporarily or permanently debarred from contracting with the Township. The Professional shall maintain all documentation related to products, transactions or services under this contract for a period of five years from the date of final payment. Such records shall be made available to the New Jersey Office of the State Comptroller upon request. Upon refusal by Professional to provide information upon request by the State Comptroller or otherwise impede or fail to cooperate with any audit or performance review, the State Comptroller may recommend to the Township that the person. be subject to termination of their contract, or temporarily or permanently debarred from contracting with the Township. 26. Completion of Services: all professional services within this proposal must be completed within __ days of this agreement. To the extent that professional cannot perform its services due to a delay attributable to the township, the deadline shall be extended by a time equal to such delay, but only if professional provides written notice of the same within 48 hours of first indication of the delay, to the Township engineer in writing.

IN WITNESS WHEREOF, this Agreement has been executed on the day first noted above, for the purposes and the terms specified herein, TOWNSHIP OF WEST ORANGE: By: Attest: HERBST-MUSCIANO, LLC By: Attest:

167-26 EXHIBIT A PROPOSAL FOR SERVICES 10

May 29, 2026 Zayibeth Carballo, PE Municipal Engineer Township of West Orange 25 Lakeside Avenue West Orange, NJ 07052 AIJE SERVICES PROPOSAL FOR: REPLACEMENT OF EXISTING ROOFTOP HVAC UNITS 10 ROONEY CIRCLE West Orange, NJ A. PROJECT DESCRIPTION 1. Herbst-Musciano, LLC will provide Architectural, Mechanical and Electrical Engineering for Design Drawings, Bidding and Construction Administration for Second Floor RTU Replacements at the above referenced facility. B. ARCHITECTURAL DESIGN SERVICES 1. CONTRACT DOCUMENTS a. Prepare construction drawings and specs including but limited to: 1. Replace up to 5 existing Gas Heat / Electric AC packaged rooftop units 2. New units to match heating and cooling capacity of existing units 3. New Thermostats in second floor Space 4. New disconnect switches, work lights and GFIC Convenience receptacles. 5. Connection to existing ducts. Duct insulation and waterproofing membrane 6. New Curb Adapters 7. Duct, pipe & wiring modifications as required 8. Condensate pipes to nearest roof drain 9. Verify upstream power source for problems 10. Provide structural review as required for support of new unit 41. Commissioning of all new equipment including balancing report 12, Work to comply with NJ Mechanical Code and Energy Code 2. CONSTRUCTION & BID DOCUMENTS PHASE a. Documents setting forth in detail the requirements for the construction of the project. Mechanical and Electrical Engineering Prepare Bid documents per LTI's standards. Solicit Bids from Qualified Bidders Attend Pre-Bid meeting Receive and Level Bids received. Budget Estimate erps9oo 3. CONSTRUCTION CONTRACT ADMINISTRATION a. Unless otherwise provided in this Agreement and incorporated in the Contract Documents, the Architect will provide administration of the Contract for Construction generally as follows: 4. Attend Pre-Construction meeting 2. The Architect will assist the Client in the process of bidding the work 3. _ Visit the site at intervals appropriate to the stage of construction to ascertain the progress of the work 4. Review and approve or take the other appropriate action on Contractor's submissions of shop drawings 5, Review and take action on Contractor's applications for payment. 6. Conduct Punch list HERBST-MUSCIANO, ARCHITECTURE, LLC NJ CERTIFICATE OF AUTHORIZATION AC 830 611 Main Street, Second Floor, Boonton, New Jersey 07005 Tel 973 538

actor's applications for payment. 6. Conduct Punch list HERBST-MUSCIANO, ARCHITECTURE, LLC NJ CERTIFICATE OF AUTHORIZATION AC 830 611 Main Street, Second Floor, Boonton, New Jersey 07005 Tel 973 538 3815 Fax 973 538 4095 www.herbstmusciano.com

7. Final inspection 8. Project Close Out C. QUALIFICATIONS 1. Roof screening is not included. 2. Construction administration phase limited to 90 days from date of owner-contractor agreement or notice for the contractor to proceed. D. COMPENSATION 1. Client shall compensate the Architect for the scope of services described under above a fixed fee payable monthly in proportion to services rendered, with overall fee attriouted generally as follows: Task Est. Man- Av. Hourly Fee Notes Hrs. Rate Field Work and Existing 8 130. 3,040, Conditions Construction Drawings 26 130. 9,380. Bidding Phase 8 130. 2,040. Contract Administration 12 130. 5,560. TOTAL SERVICES $ 20,020. 2.__ Expenses: Reimbursable Expense Unit Fee Notes 4. 20 sets of Drawings 900. | Allowance TOTAL ESTIMATED EXPENSES $ 900. | hope that this is acceptable. Please contact me if you have any questions. HERBST-MUSCIANO, ARCHITECTURE, LLC NJ CERTIFICATE OF AUTHORIZATION AC 830 611 Main Street, Second Floor, Boonton, New Jersey 07005 Tel 973 538 3815 Fax 973 538 4095 www.herbstmusciano.com

167-26 EXHIBIT B HERBST-MUSCIANO MUNICIPAL RATE SHEET 11

ad eal 167-26 2026 RATE SCHEDULE Time Based Billing Rates Principal Architect $190. /hr. Staff Architect / Project Manager $175. /hr. MEP Engineer $ 175. /hr. Sr. Designer / Field Technician $ 145. /hr. Designer / Drafter / Field Technician $110. /hr. Jr. Designer / Drafter / Field Technician $ 94. /hr. Administrative / Clerical Support $ 84. /hr. Reimbursable Expenses ‘Sub-Consultants Invoice + 10 percent Airfare, train, automobile rental & fuel, automobile Cost + 10 percent Mileage, parking, taxi, shipping & printing expenses Conditions 1, Hourly rates include all direct and indirect overhead and general administrative costs, including equipment and materials required to perform services, unless otherwise noted, 2. Rates exclude costs associated with scheduling that requires workdays in excess of eight hours and work on weekends and holidays or fast tracked and rushed scheduling. 3. _ Billing time will commence and terminate from portal to portal at 611 Main Street, Boonton, New Jersey. HERBST-MUSCIANO, LLC Architecture & Planning New Jersey Certificate of Authorization AC 830 811 Main Street, Second Floor, Boonton, New Jersey 07005 Tel 973 538 3815 Fax 973 538 4095 www.herbstmusciano.com

EXHIBIT C MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE 12 167-26