Supporting Documentation · Aug 12, 2025
188-25 Exhibit B_Executed Agreement-TAP_NJDOT_WO.pdf
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October 2024 New Jersey Department of Transportation Division of Local Aid and Economic Development Federal Aid Cost Reimbursement Agreement To the extent that the intent and underlying purpose of this Agreement are not compromised, the invalidity or unenforceability of any term, covenant, condition or provision of this Agreement, or its application to any persons, entities or circumstances shall not render invalid or unenforceable the remainder of this Agreement, or the application of such term, covenant, condition or provision to persons, entities or circumstances other than those as to which it is held invalid or unenforceable, and each term, covenant, condition and provision of this Agreement shall remain valid and enforceable to the fullest extent permitted by applicable law. 20. Further Assurances The parties agree to cooperate with each other and to execute and deliver such further documents and assurances as may be necessary to carry out the purpose of this Agreement. 21. Subject to FHWA Regulations Notwithstanding anything contained herein to the contrary, so long as the Project is being financed out of proceeds from the Project Fund, this Agreement and the obligations of the parties hereunder are subject to the rules and regulations promulgated by the FHWA. 22. Entire Agreement: Counterparts; Disputes 22.1 This Agreement contains the entire agreement between the parties hereto and supersedes any and all prior understandings and agreements, oral or written, between the parties respecting the subject matter hereof. 22.2 This Agreement may be executed in two or more counterparts, each of which shal! be deemed a duplicate original and all of which together shall constitute one and the same Agreement. 22.3 In the event a dispute arises concerning the meaning of any term used in this Agreement, or the Project Work and services required to be performed under this Agreement, or as to compensation under this Agreement, the dispute shall be decided by the Commissioner of Transportation or his duly authorized representative. 23. Choice of Law This Agreement is being executed and is intended to be performed in the State of New Jersey and shall be governed in all respects by the laws of the State of New Jersey. 24. Resolution 21
October 2024 New Jersey Department of Transportation Division of Local Aid and Economic Development Federal Aid Cost Reimbursement Agreement The Subrecipient shall supply the necessary resolution authorizing the Subrecipient to enter into this Agreement and this Agreement shall not become binding on either party until it is executed by the Commissioner of Transportation or the Commissioner's designee. 25. 26. 27. 28. 29. 30. 31. 32. APPENDIX A - Non Discrimination - Regulations of the Department of Transportation relative to pursuant to N.J.S.A. 10:5-31 et seq. are attached hereto and made a part of this Agreement. APPENDIX B - Certification of Subrecipient is attached hereto and made a part of this Agreement. APPENDIX C - Certification of New Jersey Department of Transportation is attached hereto and made a part of this Agreement. APPENDIX D - NJDOT Code of Ethics for Vendors is attached hereto and made a part of this Agreement. APPENDIX E - Certification of Subrecipient Eligibility is attached hereto and made a part of this Agreement. APPENDIX F - Americans with Disabilities Act is attached hereto and made part of this Agreement. APPENDIX G — Project Scope of Work is attached hereto and made a part of this Agreement. APPENDIX H ~— Project Cost Estimate is attached hereto and made a part of this Agreement. 22
October 2024 New Jersey Department of Transportation Division of Local Aid and Economic Development Federal Aid Cost Reimbursement Agreement IN WITNESS WHEREOF, the parties have caused their duly authorized representatives to duly execute this Agreement on and as of the day and year first above written. Project: washington Street Corridor Improvement Project Phase II Municipality: west orange Township County: Essex Agreement Number: 2025-pT-0La-511 Federal Project Number: 0671301 ATTEST/WITNESSED/AFFIX SEAL: SUBRECIPIENT(LPA) LA By: eure Ne S[glor Kare J Carmevt}e Date Name: S0S2n McC Date Munrarpel Clerk Title Ma ov ATTEST/WITNESSED/AFFIX SEAL: NEW JERSEY DEPARTMENT OF TRANSPORTATION Vina) NFAT PAZ By: S Lou 4 He Date Deval Desai Date Department ry, New Jersey Director, Division of Local Aid & Department of Transportation Economic Development 23
FEDERAL AID AGREEMENT Agreement No.: 2025-DT-DLA-511 Contract ID: 2570066 Local Public Agency (LPA)/Sub-recipient: West Orange Township CFDA Name and Number: Highway Planning and Construction 20.205 LPA UEI Number: — QK38C6DQMQ45 Project: Washington Street Corridor improvement Project Phase II Municipality: West Orange Township County: Essex County OFFICE OF THE ATTORNEY GENERAL The foregoing Federal Aid Agreement has been reviewed and approved as to form. MATTHEW J. PLATKIN ATTORNEY GENERAL OF NEW JERSEY Digitally signed My Y by Brad Reiter / Date: 2025.06.24 By: 15:10:02 -04'00' Brad M. Reiter Deputy Attorney General Date 06/24/2025
October 2024 New Jersey Department of Transportation Division of Local Aid and Economic Development Federal Aid Cost Reimbursement Agreement APPENDIX A NONDISCRIMINATION During the performance of this Agreement, the SUBRECIPIENT, for itself, its assignees and successors in interest hereinafter referred to as the SUBRECIPIENT, agrees as follows: 1. Compliance with Regulations: The SUBRECIPIENT will comply with Regulations of the United States Department of Transportation relative to nondiscrimination in federally assisted programs of the Department of Transportation (Title 49, Code of Federal Regulations, Part 21 through Appendix H, and Title 23 C.F.R. § 710.405(b), hereinafter referred to as the Regulations), which are incorporated herein by reference and made a part of this Agreement. Nondiscrimination: The SUBRECIPIENT, with regard to the work performed by it after award and prior to completion of the work, will not discriminate on the basis of race, color, age, sex, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The SUBRECIPIENT will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the Agreement covers a program set forth in Appendix B of the Regulations. Solicitations for Subcontracts. including Procurement_of Procurement_of Materials_and Equipment; In all solicitations either by competitive bidding or negotiation made by the SUBRECIPIENT for work to be performed under a subcontract, including procurement of materials or equipment, such potential subcontractor or supplier shall be notified by the SUBRECIPIENT of the SUBRECIPIENT’S obligations under this Agreement and the Regulations relative to nondiscrimination on the basis of race, color, age, sex or national origin. Information and Reports: The SUBRECIPIENT will provide all information and reports required by the Requisitions, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the STATE or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of the SUBRECIPIENT is in the exclusive
ATE or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of the SUBRECIPIENT is in the exclusive possession of another who fails or refuses to furnish this information, the SUBRECIPIENT shall so certify to the STATE or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. Sanctions for Noncompliance: In the event of the SUBRECIPIENT’S noncompliance with the nondiscrimination provisions of this contract, the STATE shall impose such sanctions as are appropriate and available under the laws of the STATE. (a)Withholding of payments to the SUBRECIPIENT under the contract until the SUBRECIPIENT complies, and/or (b)Cancellation, termination, or suspension of the contract, in whole or in part. 25
October 2024 New Jersey Department of Transportation 10. Division of Local Aid and Economic Development Federal Aid Cost Reimbursement Agreement This Agreement is subject to all federal, State, and local laws, rules, and regulations, including, but not limited to, those pertaining to nondiscrimination in employment and affirmative action for equal employment opportunity. The SUBRECIPIENT agrees to ensure that Disadvantaged Business Enterprises (DBE's) as defined in 49 C.F.R., Part 26 and FTA Circular 4716.1A, have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with federal-aid funds. Failure to make a good faith effort to meet the established DBE goal may result in sanctions as defined under paragraph 5 of this Appendix. If at any time following the execution of this Agreement, the SUBRECIPIENT intends to sublet any additional portion(s) of the work or intends to purchase materials or lease equipment not contemplated during the original proposal preparation, the SUBRECIPIENT shall: (a) Notify the Project initiator, in writing, of the type and approximate value of the work which the SUBRECIPIENT intends to accomplish by such subcontract, purchase order or lease. (b) Give DBE firms equal consideration with non-minority firms in negotiations for any such subcontracts, purchase orders or leases. Incorporation of Provisions: The SUBRECIPIENT will include the provisions of paragraph (1) through (9) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, orders or instructions, issued pursuant thereto. 26
October 2024 New Jersey Department of Transportation > Division of Local Aid and Economic Development Federal Aid Cost Reimbursement Agreement APPENDIX B CERTIFICATION OF SUBRECIPIENT In executing the Agreement the SUBRECIPIENT’S signatory certifies on behalf of the SUBRECIPIENT that neither he, nor any other officer, agent or employee of the SUBRECIPIENT has: 1. employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for him or the SUBRECIPIENT) to solicit or secure this Agreement. 2. agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the Agreement, or 3. paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for him or the SUBRECIPIENT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the Agreement; The Subrecipient shall expressly state any exceptions in a disclosure letter to the STATE which shall accompany the Agreement after execution by the SUBRECIPIENT on submission to the Commissioner or his designee for execution. The SUBRECIPIENT acknowledges that this certificate furnished to the STATE and which may be furnished to the U.S. Department of Transportation, in connection with this Agreement, is subject to applicable State and Federal laws, both criminal and civil. 27
October 2024 New Jersey Department of Transportation Division of Local Aid and Economic Development Federal Aid Cost Reimbursement Agreement APPENDIX C CERTIFICATION OF NEW JERSEY DEPARTMENT OF TRANSPORTATION In executing the Agreement the STATE'S signatory certifies that to the best of his knowledge, the SUBRECIPIENT or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this Agreement, to: 1. employ or retain, or agree to employ or retain, any firm or person, or 2. pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind. 28
October 2024 New Jersey Department of Transportation Division of Local Aid and Economic Development Federal Aid Cost Reimbursement Agreement APPENDIX D NJDOT CODE OF ETHICS FOR VENDORS 1. No vendor* shall employ any NJDOT officer or employee in the business of the vendor or professional activity in which the vendor is involved with Department officer or employee. 2. No vendor shall offer or provide any interest, financial or otherwise, direct or indirect, in the business of the vendor or professional activity in which the vendor is involved with the Department officer or employee. 3. No vendor shall cause or influence or attempt to cause or influence any NIDOT employee or officer in his or her official capacity in any manner which might tend to impair the objectivity or independence of judgment of that NIDOT officer or employee. 4. No vendor shall cause or influence, or attempt to cause or influence, any NJDOT officer or employee to use or attempt to use his or her official position to secure any unwarranted privileges or advantages for that vendor or for any other person. 5. No vendor shall offer any NJDOT officer or employee any gift, favor, service or other thing of value under circumstances from which it might be reasonably inferred that such gift, service or other thing of value was given or offered for the purpose of influencing the SUBRECIPIENT in the discharge of his or her official duties. In addition, employees or officers of NJDOT will not be permitted to accept breakfasts, lunches, dinners, alcoholic beverages, tickets to entertainment and/or sporting events or any other item which could be construed as having more than nominal value. NOTE: This Section would permit an NJDOT employee or officer to accept food or refreshments of relatively low monetary value provided during the course of a meeting, conference or other occasion where the employee is properly in attendance (for example - coffee, danish, tea or soda served during a conference break). Acceptance of unsolicited advertising or promotional materials of nominal value (such as inexpensive pens, pencils or calendars) would also be permitted. Any questions as to what is or is not acceptable or what constitutes proper conduct for a Departmental employee or officer should be referred to the Department's Ethics Liaison Officer or his or her designee. 6. This code is intended to
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- Sep 29, 2026
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