242-22 Attachment - PSS Proposal Ginny Duenkel Pool Underwater Lighting Improvements.pdf

3 Mountainview Road PO Box 403 Proposal/Contract No: 090221429 Warren, NJ 07059 Date, 09/12/2022 GENERAL CONDITIONS OF SERVICE Page 1 of 4 These General Conditions of Service ("General Conditions") and PS&S's Schedule of Charges & Hourly Rates (“Rate Schedule") are attachments to this Proposal. Unless you (the Client) specifically exclude these General Conditions, they along with the Rate Schedule and the Proposal will comprise the agreed terms under which Services will be provided (hereinafter referred to as the " Professional Service Agreement” or “PSA") for the project described in the Proposal (the “Project"). Any Service that you request (or is required) that is not described in the Proposal is considered to be an Additional Service. Additional Services will require a written amendment to the Professional Service Agreement before being performed. 1, CHARGES FOR SERVICES When PS&S is to be paid on the basis of time expended and expenses incurred on the Project, compensation shall be determined using the hourly rates on the attached Rate Sheet. These rates are effective for six months from February 1, 2022. PS&S reserves the right to increase its rates every six (6) months or amend the Billing Titles featured on the Rate Sheets. However, in no event shall the rates be increased by more than ten percent (10%). If PS&S is to be paid on a fixed-fee or lump-sum basis, compensation shall be paid either on a percentage-of-completion basis, or in accordance with the milestone achievement schedule included in the Proposal. Billing time for in-person meetings and / or site visits will commence and terminate from portal-to-portal to/from a PS&S office location. If the Client requests PS&S to provide other Services in addition to those described in the attached Proposal, PS&S requires a written additional service authorization amending this Professional Service Agreement before PS&S will proceed with that work. Any retainer payment must be returned with one (1) executed copy of this proposal prior to commencement of work and it shall be applied against the final invoice only and not against interim invoices. Should there be any balance due you at the end, it will be returned to you. Further, it is specially understood and agreed that PS&S's fees are in no way contingent upon the plans or project being approved by any reviewing agency. 2. CHARGES FOR

it will be returned to you. Further, it is specially understood and agreed that PS&S's fees are in no way contingent upon the plans or project being approved by any reviewing agency. 2. CHARGES FOR REIMBURSABLE EXPENSES All Reimbursable Expenses incurred for a Project will be separately billed at actual cost plus fifteen percent (15%). Such expenses include, but are not limited to, costs for: subcontractor(s)/consultant(s); laboratory; reproduction [printing, binding, etc]; special equipment required for Project execution; Project-required travel; special insurance coverage in excess of or different from PS&S's standard insurance coverage; special mailing and, any other costs particular to Project engagement. Mileage costs will be billed at the rate authorized by the Internal Revenue Service. If rental vehicles are used (at the option of PS&S), the actual rental charges plus fifteen percent (15%) will be billed instead of using the IRS mileage reimbursement rate. 3. TIME FOR PERFORMANCE Delays created by scheduling of government meetings, or by any failure by the Client to timely respond to requests for input, information, or decisions may extend the Project schedule and require an increase in PS&S's compensation. If PS&S's Services have not been completed by the date established in the Proposal for the completion of Services, through no fault of PS&S, all PS&S Services provided thereafter shall be compensated on an hourly-rate basis using the rates attached, notwithstanding any other compensation amount set forth in the Proposal. Neither party shall be liable to the other for any delay or failure in performance of any of the obligations under this Agreement to the extent such delay or failure is caused by any pandemic-related impact, fire, flood, earthquake, civil, governmental, or military authority, acts of God, war, terrorist acts, or other similar causes beyond a party's reasonable control and without the fault or negligence of the delayed or non-performing party. 4, PAYMENT Invoices for all Services: will be issued on a monthly basis; are considered due upon receipt; and, must be paid within 30 days of the invoice date. Interest at one percent (1%) per month (but not exceeding any maximum rate allowed by law) will be charged on any invoice amount not paid within 30 days of the invoice date. All reasonable attorney's fees and costs incurred by

%) per month (but not exceeding any maximum rate allowed by law) will be charged on any invoice amount not paid within 30 days of the invoice date. All reasonable attorney's fees and costs incurred by PS&S to collect any delinquent amounts shall be added to the amount to be paid by the Client. Effective Date: February 1, 2022