Township Council Meeting — Packet

pursuant to the contractors’ or subcontractors’ agreements with Bright View Engineering LLC to the Client. 10.0 AGREED REMEDY: Bright View Engineering LLC shall be liable to the Client only for direct damages to the extent caused by Bright View Engineering LLC ’s negligence in the performance of its services. UNDER NO CIRCUMSTANCES SHALL BRIGHT VIEW ENGINEERING LLC BE LIABLE FOR INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES, OR FOR DAMAGES CAUSED BY THE CLIENT'S FAILURE TO PERFORM ITS OBLIGATIONS. With regard to services involving hazardous substances, Bright View Engineering LLC has neither created nor contributed to the creation or existence of any actually or potentially hazardous, radioactive, toxic, or otherwise dangerous substance or condition at any site, and its compensation is in no way commensurate with the potential liability that may be associated with a substance or site. To the fullest extent permitted by law, the total liability, in the aggregate, of Bright View Engineering LLC and Bright View Engineering LLC ’s officers, directors, employees, agents and consultants to Client and anyone claiming by, through or under Client, for any and all injuries, claims, losses, expenses, or damages whatsoever arising out of in any way related to Bright View Engineering LLC ’s services, the Project or this Agreement, from any cause or causes whatsoever, including but not limited to, negligence, strict liability, breach of contract or breach of warranty shall not exceed the total compensation received by Bright View Engineering LLC under this Agreement, not including reimbursable expenses and any sub consultant fees rendered on the project. It is intended by the parties to this Agreement that Bright View Engineering LLC ’s services in connection with the project shall not subject Bright View Engineering LLC ’s individual employees, officers, or directors to any personal legal exposure for the risks associated with this project. Therefore, the Client agrees that as the Client’s sole and exclusive remedy, any claim, demand, or suit shall be directed and/or asserted only against Bright View Engineering LLC, a New Jersey corporation, and not against any of Bright View Engineering LLC ’s employees, officers or directors. 11.0 LIABILITY TO THIRD PARTIES: The Client agrees to be solely responsible for, and to defend, indemnify, and hold Bright

ainst any of Bright View Engineering LLC ’s employees, officers or directors. 11.0 LIABILITY TO THIRD PARTIES: The Client agrees to be solely responsible for, and to defend, indemnify, and hold Bright View Engineering LLC harmless from any and all liabilities, claims, damages and costs (including reasonable attorney’s fees and defense costs) by third parties arising out of, or in any way related to, our performance or non-performance of services, except claims for personal injury, death, or personal property damage to the extent caused by the sole negligence, gross negligence or willful misconduct of employees of Bright View Engineering LLC 12.0 INDEMNIFICATION: Bright View Engineering LLC shall maintain, at its own expense, Workers Compensation Insurance, Comprehensive General Liability Insurance, and Professional Liability Insurance at all times and will, upon request, furnish insurance certificates to the Client. To the fullest extent permitted by law, Client shall indemnify, defend and hold harmless Bright View Engineering LLC and its agents, officers, directors and employees, subcontracts or consultants (herein for the remainder of this section collectively referred to as Bright View Engineering LLC) from and against all claims, damages, losses and expenses, whether direct, indirect or consequential or punitive, including but not limited to fees and charges of attorneys and court and arbitration costs, arising out of or resulting from the services of Bright View Engineering LLC or any claims against Bright View Engineering LLC arising from the acts, omissions or work of others, 70 South Orange Avenue, Suite 109 Livingston, New Jersey 07039 C: (732) 236-7557 T: (973) 228-0999 F: (201) 753-3904 BrightViewEngineering.com P.O. Box 99 Roseland, NJ 07068

Request for Proposals: Gregory Avenue Evaluation West Orange Township, Essex County, New Jersey 240344 December 2, 2024 Page 8 of 10 unless it is proven in a court of competent jurisdiction that Bright View Engineering LLC is guilty of negligence, gross negligence, or willful misconduct in connection with the services and such negligence, gross negligence, or willful misconduct was the sole cause of the damages, claims, and liabilities. Client agrees to defend, indemnify and hold harmless Bright View Engineering LLC from and against all claims, damages, losses and expenses, direct or indirect, and consequential damages, including but not limited to fees and charges of attorneys and court, and arbitration costs, brought by any person or entity, or claims against Bright View Engineering LLC which arise out of, are related to, or are based upon, the actual or threatened dispersal, discharge, escape, release, or saturation of smoke, vapors, soot, fumes, acids, alkalis, toxic chemical, radioactive materials, liquids, gases, or any other material, upon it or into the surface or subsurface soil, water or watercourse, objects, or any tangible or intangible matter. To the fullest extent permitted by law, such indemnification shall apply regardless of the fault, negligence breach of warranty or contract, or strict liability of Bright View Engineering LLC This indemnification shall not apply to claims, damages, losses, or expenses which are determined by a court of competent jurisdiction to be the sole result of negligence or willful misconduct by Bright View Engineering LLC of obligations under this Agreement. 13.0 ASSIGNS: The Client may not delegate, assign, sublet, or transfer his duties or interest in the Agreement without written consent of Bright View Engineering LLC Bright View Engineering LLC shall not, in connection with any such assignment by the Client, be required to execute any documents that in any way might, in the sole judgment of Bright View Engineering LLC, increase Bright View Engineering LLC ’s contractual or legal obligations or risks, or the availability or costs of its professional or general liability insurance. The Agreement shall not create any rights or benefits to parties other than the Client and Bright View Engineering LLC , and nothing contained in this Agreement shall create a contractual relationship with, or a cause of action in favor

ights or benefits to parties other than the Client and Bright View Engineering LLC , and nothing contained in this Agreement shall create a contractual relationship with, or a cause of action in favor of, a third party against either the Client or Bright View Engineering LLC Bright View Engineering LLC ’s services hereunder are being performed solely for the benefit of the Client, and no other entity shall have any claim against Bright View Engineering LLC because of this Agreement of Bright View Engineering LLC ’s performance or nonperformance of services hereunder. 14.0 OWNERSHIP AND RESTRICTION ON REUSE OF DOCUMENTS: All drawings, calculations, reports, plans, specifications, computer files, field data, notes, and other documents and instruments (“Documents”) prepared by Bright View Engineering LLC are and remain the property of Bright View Engineering LLC as instruments of service. The Documents may not be copied by the Client or others on extensions of this project or on any other project. The Client agrees not to use Bright View Engineering LLC ’s Documents for marketing purposes, for projects other than the project for which the Documents were prepared by Bright View Engineering LLC, or for future modifications to this project, without Bright View Engineering LLC ’s express written permission. Any reuse or distribution to third parties without such express written permission or project-specific adaptation by Bright View Engineering LLC will be at the Client’s sole risk and without liability to Bright View Engineering LLC or its employees, subsidiaries, independent professional associates, sub consultants, and subcontractors. The Client shall, to the fullest extent permitted by law, indemnify, defend, and hold harmless Bright View Engineering LLC from and against any and all expenses, fees, demands, liabilities, suits, actions, claims, damages, or losses including attorneys’ fees and costs, arising out of, or resulting from such unauthorized distribution or reuse of Documents. Computer files are not considered part of deliverables unless specifically requested or required by the signed contract. If computer files are required, Bright View Engineering LLC shall provide Client files subject to the following conditions: The Client must execute our standard Electronic Media Release form prior to any distribution of files. The Client recognizes that data,

shall provide Client files subject to the following conditions: The Client must execute our standard Electronic Media Release form prior to any distribution of files. The Client recognizes that data, plans, specifications, reports, documents, or other information recorded on or transmitted as electronic media are subject to undetectable alteration, either intentional or unintentional due to, among other causes, transmission, conversion, media degradation, software error, or human alteration. Accordingly, it is understood that electronic files provided to the Client are for informational purposes only and are not intended as an end-product. Bright View Engineering LLC makes no representation of any warranties, either expressed or implied, regarding the fitness or suitability of the electronic documents. Accordingly, the Client agrees to waive any and all claims against Bright View Engineering LLC and Bright View Engineering LLC ’s consultants relating in any way to the unauthorized use, reuse or alteration of the electronic documents. Any unlicensed use or reuse of the documents without our written consent will constitute a violation of our copyright. Only original plans and reports of the most recent date bearing the signature and the embossed seal of the professional will be considered documents of record. Bright View Engineering LLC shall maintain in its storage facility, samples collected as part of their services provided for a period of three (3) months after issuance of final reports. After the three (3) month time limit, all samples will be disposed of in accordance with appropriate regulations at the time. Extended storage of samples can be arranged at an additional cost to be established on a project-by-project basis. 15.0 GENERAL CONDITIONS: Bright View Engineering LLC shall not be responsible for the delays caused by factors beyond its reasonable control, including but not limited to delay due to accidents, an act of God, fire, hurricane, flood, explosions, strike, boycott or other labor dispute, failure of the Client to furnish timely information or approve or disapprove of Bright View Engineering LLC ’s services or work product, delays caused by faulty performance by the Client or contractors of any level, or by acts of Government, which, in the opinion of Bright View Engineering LLC , could not have been reasonably foreseen and provided for,

faulty performance by the Client or contractors of any level, or by acts of Government, which, in the opinion of Bright View Engineering LLC , could not have been reasonably foreseen and provided for, such delay will entitle Bright View Engineering LLC to an extension of time in performing its Services. If there is any increase in the total cost of providing Services by reason of any such delay, Bright View Engineering LLC will notify Client of particulars, and Client will pay for such increase. When such delays beyond Bright View Engineering LLC ’s reasonable control occur, the Client agrees that Bright View Engineering LLC shall not be responsible for damages, nor shall Bright View Engineering LLC be deemed in default of this Agreement. The fees quoted in this proposal assume that upon authorization, this project will commence through to completion without a stop work order from the Client. Should a stop work order be received from the Client before completion of the project or any task, additional fees may be required to restart the project. 16.0 ENTIRE AGREEMENT: This Agreement comprises the final and complete Agreement between the Client and Bright View Engineering LLC It supersedes all prior or contemporaneous communications, representations, or Agreements, whether oral or written, relating to the subject matter of this Agreement. Execution of this Agreement signifies that each party has read the document thoroughly, has had the opportunity to have questions explained by independent counsel and is satisfied with the terms and conditions contained herein. Amendments to this Agreement shall not be binding unless made in writing and signed by both the Client and Bright View Engineering LLC To the extent Client provides its own Agreement and that Agreement conflicts with or is silent with respect to any term or condition expressed herein, these conditions shall prevail and shall be binding upon the parties. 70 South Orange Avenue, Suite 109 Livingston, New Jersey 07039 C: (732) 236-7557 T: (973) 228-0999 F: (201) 753-3904 BrightViewEngineering.com P.O. Box 99 Roseland, NJ 07068

Request for Proposals: Gregory Avenue Evaluation West Orange Township, Essex County, New Jersey 240344 December 2, 2024 Page 9 of 10 2024 RATE SCHEDULE TECHNICAL STAFF RATES BILLING TITLES HOURLY RATES Principal .......................................................................... 185.00 Senior Technical Director ............................................... 185.00 Senior Project Professional ............................................. 175.00 Senior Project Manager .................................................. 170.00 Project Professional ........................................................ 165.00 Technical Director .......................................................... 160.00 Project Manager .............................................................. 160.00 Senior Project Specialist ................................................. 155.00 Senior Technical Professional ........................................ 150.00 Project Specialist ............................................................ 150.00 Senior Technical Specialist............................................. 145.00 Technical Professional .................................................... 140.00 Senior Specialist ............................................................. 135.00 Technical Specialist ........................................................ 135.00 Specialist ......................................................................... 120.00 Senior Data Technician................................................... 105.00 Senior Technical Assistant ............................................... 95.00 Technical Assistant ........................................................... 85.00 Data / Field Technician ..................................................... 75.00 Survey Crew – 2 Man ..................................................... 190.00 Survey Crew – 1 Man ..................................................... 160.00 Expert.............................................................................. 260.00 Sr. LSRP ......................................................................... 235.00 LSRP ............................................................................... 200.00 REIMBURSABLE EXPENSES General Expenses.................................................... Cost + 15% Travel (Hotel, Airfare, Meals)

........................................................... 200.00 REIMBURSABLE EXPENSES General Expenses.................................................... Cost + 15% Travel (Hotel, Airfare, Meals) ................................ Cost + 15% Sub-Consultants/Sub-Contractors........................... Cost + 15% Mileage Reimbursement* .................................. 0.67 / Per Mile Plotting .................................................................... 3.50 / Each Computer Mylars / Color Plots .............................. 45.00 / Each Photo Copies ............................................................ 0.25 / Each Color Photo Copies .................................................. 1.50 / Each Document Binding .................................................. 3.00 / Each Compact Disk CD/DVD ........................................ 75.00 / Each Exhibit Lamination (24” x 36” or larger) .............. 50.00 / Each * Mileage reimbursement subject to change based upon IRS standard mileage rate. RATES ARE EFFECTIVE THROUGH DECEMBER 31, 2024 70 South Orange Avenue, Suite 109 Livingston, New Jersey 07039 C: (732) 236-7557 T: (973) 228-0999 F: (201) 753-3904 BrightViewEngineering.com P.O. Box 99 Roseland, NJ 07068

Request for Proposals: Gregory Avenue Evaluation West Orange Township, Essex County, New Jersey 240344 December 2, 2024 Page 10 of 10 SECTION IV – CLIENT CONTRACT AUTHORIZATION I hereby declare that I am duly authorized to sign binding contractual documents. I also declare that I have read, understand, and accept this contract. Signature Date Printed Name Title If you find this proposal acceptable, please sign where indicated above in Section IV, return one signed copy to this office as a formal notice-to-proceed. Invoices are due within 30 days. This proposal is valid until January 30, 2025. We appreciate the opportunity of submitting this proposal and look forward to working with you on this project. Very truly yours, BRIGHT VIEW ENGINEERING John Jahr, P.T.P., T.S.O.S. Principal (732) 236-7557 jaf:JJJ https://bvengr.sharepoint.com/sites/bvengr/proj/240344-WOT-GregoryAve/1-Proposals/240344-gregory-ave-proposal-r1.docx 70 South Orange Avenue, Suite 109 Livingston, New Jersey 07039 C: (732) 236-7557 T: (973) 228-0999 F: (201) 753-3904 BrightViewEngineering.com P.O. Box 99 Roseland, NJ 07068

352-24 December 10, 2024 RESOLUTION WHEREAS, the Township of West Orange seeks to award a contract for recreational, social, informational, and educational services for the older adults of the Township of West Orange (the “Township”), and for the period commencing January 1, 2024 and ending December 31, 2024; and WHEREAS, Eagle Rock Senior Citizens Housing Association – Tenant Services, a housing association providing social and educational services for older adults has agreed to provide such services, including, but not limited to a minimum of six (6) gatherings designed to service the educational, recreational, informational and/or social needs of the older adults of the Township consistent with the terms of the agreement annexed hereto as Exhibit “A” (the “Agreement”); and WHEREAS, the aggregate of public funds to be expended for the provision of such services is Two Hundred Fifty Dollars ($250.00) which falls below the bid threshold allowing award of the Agreement without public advertisements for bids. NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of West Orange that the Township is hereby authorized to enter into the Agreement, annexed hereto as Exhibit “A” with Eagle Rock Senior Citizens Housing Association – Tenant Services for recreational, social, informational, and educational services for older adults of the Township; and be if further RESOLVED, that the Mayor be and is hereby authorized to execute the Agreement annexed hereto as Exhibit “A” and the Township Clerk be and is hereby authorized to attest to the Mayor’s signature; and be it further