350-24 Proposal.pdf

Request for Proposals: South Valley Road Corridor West Orange Township, Essex County, New Jersey 240345 December 2, 2024 Page 5 of 9 70 South Orange Avenue, Suite 109 P.O. Box 99 Livingston, New Jersey 07039 Roseland, NJ 07068 C: (732) 236-7557 T: (973) 228-0999 F: (201) 753-3904 BrightViewEngineering.com SECTION II – BUSINESS TERMS AND CONDITIONS Bright View Engineering LLC agrees to provide professional services under the following terms and conditions: The term Client referenced herein is the person, persons, corporation, partnership, or organization referenced in the proposal between Bright View Engineering LLC and said Client. 1.0 SCOPE OF SERVICES: Services not set forth in the Scope of Services, are excluded from the Scope of Services, and Bright View Engineering LLC will assume no responsibility to perform such services under the base contract. In situations where a written contract is not executed or where additional services becomes necessary during the course of the project, Bright View Engineering LLC may provide such services using our Technical Staff Hourly Rate Schedule in effect at the time of services. The hourly rates listed in our Technical Staff Hourly Rate Schedule are adjusted semi-annually and the Client shall be billed at the rates that are in effect at the time of service. Since there are substantial costs to stop and restart a project once it is underway, should a project’s progress be halted at any time by the client, for any reason, Bright View Engineering LLC reserves the right to charge a restart fee and/or to renegotiate the remaining fees within the contract. These Business Terms and Conditions are applicable for any additional professional services rendered for this project including, but not limited to, change orders, client service authorization forms, etc. 2.0 STANDARD OF CARE: In performing services, we agree to exercise professional judgment, made on the basis of the information available to us, and to use the same degree of care and skill ordinarily exercised in similar circumstances and conditions by reputable consultants performing comparable services in the same locality. This standard of care shall be judged as of the time the services are rendered, and not according to later standards. Reasonable people may disagree on matters involving professional judgment and, accordingly, a difference of opinion on a question

time the services are rendered, and not according to later standards. Reasonable people may disagree on matters involving professional judgment and, accordingly, a difference of opinion on a question of professional judgment shall not excuse a Client from paying for services rendered. NO OTHER REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, IS MADE. 3.0 INVOICES: Bright View Engineering LLC bills its Clients on a monthly basis using a standard invoice format. This format provides for a description of services performed and a summary of professional fees, expenses, and other charges. For more detailed invoicing requests, Bright View Engineering LLC reserves the right to charge for invoice preparation time by staff members. Monthly invoices will be submitted based upon percentage of services completed and reimbursable expenses. Any comments or discrepancies, relative to invoices shall be submitted in writing within fourteen (14) days or the account will be considered correct. For professional services billed on an hourly basis, Bright View Engineering LLC reserves the right to invoice all overtime services performed by our employees using our Technical Staff Hourly Rate Schedule in effect at the time of services at ONE AND ONE-HALF TIMES our standard hourly rate for those employees. Expenses incurred for services, equipment, and facilities not furnished by Bright View Engineering LLC are charged to the Client at cost plus an up charge not to exceed 15 percent of the invoice for said services. Client shall pay Bright View Engineering LLC for reimbursable expenses, including, but not limited to, application fees, printing and reproduction, courier and express delivery service, special/overnight mailings, facsimile transmissions, specialized equipment and laboratory charges, and costs of acquiring materials specifically for the Client. Reimbursable charges will be added to each monthly invoice and are part of Client’s responsibility. 4.0 PAYMENT: Bright View Engineering LLC bills are payable in full UPON RECEIPT and payment is expected within thirty (30) days. We reserve the right to assess a late charge of 1.5 percent per month for any amounts not paid within 45 days of the billing date. In the event payment is not made according to the terms and conditions herein, the matter may proceed to a collections agency or to an attorney for collection. Client shall

5 days of the billing date. In the event payment is not made according to the terms and conditions herein, the matter may proceed to a collections agency or to an attorney for collection. Client shall be responsible for fees charged by the collections agency and/or attorney’s fees incurred to collect the monies owed. Should the matter proceed to court, client shall also be responsible for court costs. In addition, where payment is not received in accordance with the terms of this contract, Bright View Engineering LLC reserves the right to withdraw any applications too federal, state, or local regulatory agencies / boards filed on behalf of the client with the understanding that these applications are the property of Bright View Engineering LLC Bright View Engineering LLC will provide you with written notification two (2) weeks prior to taking any action to withdraw an application submitted on behalf of the client. If payment of all outstanding invoices is not received within two (2) weeks of receipt of this letter, Bright View Engineering LLC will withdraw all pending applications for the project. 5.0 RETAINER: Bright View Engineering LLC reserves the right to request a retainer from the Client prior to the commencement of services on a project. While retainers are collected prior to the start of a project, the retainer is held to the end of the project and will be applied to the final invoices. Retainers are not applied to the beginning of the project. 6.0 RIGHT OF ENTRY/JOBSITE: Client will provide for right of entry for Bright View Engineering LLC personnel and equipment necessary to complete our services. While Bright View Engineering LLC will take all reasonable precautions to minimize any damage to the property, it is understood by the Client that in the normal course of our services some damage may occur, the correction of which is not part of this Agreement. Client shall furnish or cause to be furnished to Bright View Engineering LLC all documents and information known to the Client that relate to the identity, location, quantity, nature, or characteristics of any hazardous or toxic substances at, on, or under the site. In addition, the Client will furnish or cause to be furnished such other information on surface and subsurface site conditions required by Bright View Engineering LLC for proper performance of its services. Bright View Engineering

urnish or cause to be furnished such other information on surface and subsurface site conditions required by Bright View Engineering LLC for proper performance of its services. Bright View Engineering LLC shall be entitled to rely on the accuracy and completeness of Client provided documents and information in performing the services required under this Agreement and Bright View Engineering LLC assumes no responsibility or liability for their accuracy or completeness. Bright View Engineering LLC will not direct, supervise, or control the work of Client’s contractors or their subcontractors. Bright View Engineering LLC shall not have authority over or responsibility for the construction means, methods, techniques, sequences, or procedures and Bright View Engineering LLC ’s services will not include a review or evaluation of the contractors (or subcontractor’s) safety precautions, programs or measures.