180-26 - Exhibit A. CDBG 2025 SPECS_compressed.pdf

SAMPLE CERTIFICATE ric 2 AIM SY ied nnC lad peer STATE OF NEW JERSEY ker “ q j BUSINESS REGISTRAT ON CERTIFICATE | FOR STATE AGENCY ANO CASINO SERVICE CONTRACTOR TAXPAYER NAME AVE TAX REGISTRATION TEST ACCOUNT LA STRAI TAXPAYER IDENTIFICATIONS SEQL & NUMBER 970-087-362/800 0107: ARMMESS ISSUANCE DATE FLING A TRE ON NJ 086 ores anos VE DA owu i. «cor Tose Cervhcate 4 NOT suo grabie w war ara Pia ach eel orem STATE OF NEW JERSEY BUSINESS REGISTRATION CERTIFICATE Tuapayer Name: TAX REG TEST ACCOUNT Trade Name: Address: 847 ROEBLING AVE TRENTON. NI 0861T Certificate Number: 1093907 Date of Issuance: Ovtaber 14. 2005 For Office Use Only: 200-41014112823533 P-58

PUBLIC WORKS CONTRACTOR REGISTRATION =qunccoyonen sie rony Puce 10 S7VeS4SNVUL NON quatudojanag so1epuoN JBUOISSIUOD 34) Aq aSNeD JO} PayoAa) aq Ae pue pue Joge? Jo ]uaWILedag sALOISSILIWOS pouBisse Jo poioysues oq ou Aew ayeoyNia9 siyL SUL SINYN yewosesdoy ojqisuodsoy €7207S 0} 340M D1IgNd Aue jo eoUEWOpad ay} UI BuiBe6ue 40, 10 0", 9qNd Jo) RIOD AuL LO BuIppigyd wowoduNd 404 anss} s} uojestsiBe4 Jo ele yILI80 SI4R “OY UOTEASIB9Y 0:9eUOD SYIO\\ONKGVicj OUR JO ‘E819 ‘EP 9O-LL FE Y'S'T'N OL lUENSINg py UoNessIGey JO}OBUOD SOM IIGNg B0UBI|dWOD Jno} pue abeyy Jo uolsiaiq JUusWdojeneq eds0}4J0/\ Pue JOge7 Jo jUeUedeg AOSJOF MON JO a}e1S tate szozstite “9}eq voReNCX3 JaquUNN S1e9D SZ0U/9HIE © “leq uonesiBey P-59

TOWNSHIP OF WEST ORANGE ESSEX COUNTY, NEW JERSEY 2025 CDBG ROAD REHABILITATION STANDISH AVENUE AND FREMONT STREET CONTRACT AND AGREEMENT THIS AGREEMENT made this day of the year of 2026 by and between, THE TOWNSHIP OF WEST ORANGE, in the County of Essex, a municipal corporation of the State of New Jersey, hereinafter called the Owner, party of the first part, and hereinafter called the Contractor, party of the second part: COVENANT WITNESSETH: That the parties to these presents each in consideration of the undertakings, promises and agreements of the other herein contained, have undertaken, promised and agreed, and do hereby undertake, promise and agree, the party of the first part for itself, its successors and assigns, and the party of the second part and for their heirs, executors, administrators, successors and assigns as follows: Note 1. The subheadings are for convenience of reference only and do not form a part of the Contract Documents. ARTICLE | - CONTRACT INCLUDES The Contractor, at his own sole cost and expense, shall furnish all labor, materials, and services necessary for constructing the improvements and completing the grading as shown on the Plans and as specified herein. He will construct, complete and finish the same in the most thorough, workmanlike and substantial manner, in every respect to the satisfaction and approval of the Engineer, in the manner and within the time hereinafter limited, and in strict accordance with the Notice to Bidders, Instructions to Bidders, Proposal, General Conditions of Contract, General Requirements, Specifications and the Plans for the work, which Contract Documents are hereby made a part of this Contract as fully as if the same were repeated at length herein. ARTICLE Il - RATE OF PROGRESS AND TIME OF COMPLETION The Contractor shall within ten (10) calendar days after the date of the execution of the Contract submit a detailed construction schedule establishing dates of starting and completion of various parts of the work. This schedule will establish how the work proposed can be completed within the time limit specified herein. Thenceforth, the rate of progress shall be such that all construction will be completed within ninety (90) calendar days, unless extensions of time are made for the reason and in the manner stated under the terms of the General Conditions of Contract. C-1

ARTICLE Ill - DAMAGES FOR FAILURE TO COMPLETE ON TIME The Contractor shall pay to the owner for each and every calendar day that he shall be in default in completing the work ready for service and/or in completing the entire work within the respective times stipulated, unless the times are extended as provided herein, a sum of two hundred dollars ($200.00). This sum is hereby agreed upon not as a penalty, but as liquidated damages which the Owner will suffer by reason of such default. The Owner shall have the right to deduct the amount of any such damages from any monies due the Contractor under the Contract. In the event the Contractor shall fail to complete the work under this Contract on or before said completion date, then any wages paid by the Owner to any inspector or inspectors necessarily employed by the Owner for any services performed subsequent to the aforesaid completion date shall be deducted from the payments otherwise due from the Owner to the Contractor. ARTICLE IV - PAYMENT The Owner, in consideration of faithful performance by the Contractor of all and singular his covenants, promises and agreements contained herein, agrees to pay the Contractor for the full completion by him of the work embraced in this Contract, in the manner and within the time herein specified and limited and to the satisfaction and approval of the Engineer, the prices stipulated in the said Proposal attached such payment to be made at the times and in the manner herein specified and also agrees to pay, in addition, such amounts as may be agreed upon for modifications and for extra work in accordance with Section 14 of the General Conditions of Contract. ARTICLE V - PARTIALAND FINAL ESTIMATES The Owner shall make a progress payment to the Contractor on the basis of a duly certified and approved estimate of the work performed during the preceding calendar month under this Contract, but to insure the proper performance of this Contract, the Owner shall retain two percent (2%) of the amount of each estimate, or the percentage required under New Jersey Statutory Authority, until final completion and acceptance of all work covered by this Contract. A payment of ninety percent (90%) of the invoiced price of material received at the job site but not incorporated in the work will be included in the monthly estimates, providing the following conditions are satisfied: 1.

rcent (90%) of the invoiced price of material received at the job site but not incorporated in the work will be included in the monthly estimates, providing the following conditions are satisfied: 1. The materials shall be received in a condition satisfactory for incorporation in the work. 2; The materials shall be stored in such manner that they will not be damaged due to weather, construction operations or any cause. 3 An invoice from the supplier shall be furnished for each item.

4. The Contractor shall furnish written proof of payment of the materials no later than thirty (30) days after receipt of payment. 5. Materials delivered to the job site more than ninety (90) days in advance of their incorporation in the work will not be paid for as materials on hand unless payment is specifically approved by the Engineer. All materials and work covered by partial payments made shall thereupon become the sole property of the Owner, but this provision shall not be construed as relieving the Contractor from the sole responsibility for the care and protection of materials and work upon which payments have been made or the restoration of any damaged work or as a waiver of the right of the Owner to require the fulfillment of all the terms of the Contract. The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of the lawful demands of subcontractors, laborers, workmen, mechanics, materialmen, and furnishers of machinery and parts thereof, equipment, power tools, and all supplies, including commissary, incurred in the furtherance of the performance of this Contract. The Contractor shall, at the Owner's request, furnish satisfactory evidence that all obligations of the nature hereinbefore designated have been paid, discharged, or waived. If the Contractor fails to do so, then the Owner may, after having served written notice on the said Contractor, either pay unpaid bills of which the Owner has written notice, deduct or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon payment to the Contractor shall be resumed, in accordance with the terms of the Contract, but in no event shall the provisions of this sentence be construed to impose any obligations upon the Owner to either the Contractor or his surety. In paying any unpaid bills of the Contractor, the Owner shall be deemed the agent of the Contractor, and any payment so made by the Owner, shall be considered as a payment made under the Contract by the Owner to the Contractor and the Owner shall not be liable to the Contractor for any such payment made in good faith. The Owner may withhold or, on account of subsequently discovered evidence, nullify the whole or part of any

and the Owner shall not be liable to the Contractor for any such payment made in good faith. The Owner may withhold or, on account of subsequently discovered evidence, nullify the whole or part of any certificate to such extent as may be necessary to protect himself from loss on account of: a) Defective work not remedied. b) Claims filed or reasonable evidence indicating probable filing of claims by other parties against the Contractor. c) Failure of the Contractor to make payments properly to subcontractors or for material or labor. d) Damage to another Contractor. The Engineer shall, as soon as practicable after the completion of the work, make a final certificate of the entire amount of work done under this Contract, and the Owner shall, within thirty (30) days after such final estimate is approved, pay the entire sum so found to be due hereunder, after deducting therefrom all previous payments, and also all percentages and deductions to be retained under any of the provisions of this Contract. C-3

ARTICLE VI - PREVAILING WAGE AND AFFIRMATIVE ACTION REQUIREMENTS The Contractor shall comply with the provisions of the New Jersey Prevailing Wage Act and shall pay workers employed in the performance of the Contract no less than the minimum wages set forth in the determination of the Commissioner of Labor and Industry, which is marked Appendix A, attached hereto and made a part hereof, and the Contractor shall take such action specified in Section 27 of the General Conditions of the Contract. The Contractor shall comply with the requirements of Chapter 127 of the Law of New Jersey of 1975 regarding an affirmative action program for equal employment opportunity and the Regulations promulgated thereunder and the Contractor shall take such action specified in Section 26 of the General Conditions of the Contract as is applicable to this Contract. ARTICLE VII - MISCELLANEOUS PROVISIONS This Agreement, as set forth herein and in the Contract Documents, constitutes the entire agreement between the Owner and the Contractor, and its terms may not be varied by any employee or agent of the Owner or Contractor. ARTICLE Vill - DISPUTE RESOLUTION All claims, controversies and disputes which arise as a result of the work contemplated herein shall be governed by this Article, and shall be resolved pursuant to the procedures described in this Article. A. Written Notice. Any claim by the Contractor hereunder must be provided in writing to the Owner, with a copy to the Engineer, within ten (10) days of the discovery of the facts or circumstances upon which a claim is alleged to be based. Failure to provide such written notice shall be deemed a waiver of Contractor's rights hereunder, and shall be a bar to the bringing of any such claim. Verbal notification to the Owner, Engineer or any individuals acting on their behalf shall not be deemed sufficient to comply with this Article. Every such written notice shall provide a clear and concise description of the facts or circumstances giving rise to the claim, the relief or other action required to remedy the claim, and to the extent known at the time the claim arises, the nature and/or amount of additional costs that may be incurred or additional time for completion that may be required as a result of said claim. B. Response to Claim Notice. Upon receipt of the claim, the Owner and the Contractor shall undertake in good

incurred or additional time for completion that may be required as a result of said claim. B. Response to Claim Notice. Upon receipt of the claim, the Owner and the Contractor shall undertake in good faith to resolve the dispute. Within ten (10) days of receipt of a written claim notice, Owner shall respond in writing to Contractor's claim. If the response is sufficient to resolve Contractor's claim, then the parties shall enter into a Memorandum of Claim Resolution (MCR) and said claim will be resolved based upon the terms and conditions included in said MCR. If appropriate, a Change Order may be issued in lieu of an MCR. C-4

If the parties cannot resolve the claim by mutual agreement within fifteen (1 5) calendar days of the Owner's response, either party shall have the right to request resolution of the dispute by senior management, by providing written notice requesting that a meeting by convened at the job site (or other mutually agreed location), attended by a representative of the Owner, duly authorized to recommend settlement to the governing body, along with a principal of the Contractor and a principal of the Engineer, each of whom shall have the authority to bind their respective firms. Such meeting shall be held not less than ten (10) nor more than fifteen (15) working days after receipt of notice. In the event that the parties cannot resolve the dispute within twenty (20) days after the first meeting of the principals, then the matter shall be presented to a mutually agreed upon qualified mediator for mediation, pursuant to the Rules of Construction Mediation promulgated by ERI. Either party shall provide notice to the agreed upon mediator, within ten (1) working days after the time elapsed under “D” above, that the parties have been unable to reach an agreement on the dispute between them. A copy of such notice shall be contemporaneously served upon the other interested parties. Within ten (1) calendar days of the filing of Notice with the mediator, the claiming party shall prepare a clear and concise written statement of the claim, including all supporting documentation and submit it to the mediator with a copy to the other parties. Other parties shall thereafter present a written response to the Affidavit of Claim, singly or jointly, within ten (10) calendar days of receipt thereof. The mediator shall then resolve the matter within forty-five (45) days, unless all parties mutually agree to an extension of time thereof. The mediator shall attempt to reach agreement on an MCR; in the absence of the ability to do so, the mediator shall render a written opinion to all parties. Such opinion shall be admissible in any Court proceedings between or among the parties.