181-26 Exhibit A- Final Specifications_compressed.pdf

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 their 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 certificate to such extent as may be necessary to protect themself 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. ARTICLE VI - PREVAILING WAGE AND AFFIRMATIVE ACTION REQUIREMENTS The

previous payments, and also all percentages and deductions to be retained under any of the provisions of this Contract. 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. C-3

ARTICLE VIII - 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 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. If the parties cannot resolve the claim by mutual agreement within fifteen (15) 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

resentative 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. D. 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. E. 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. C-4

EXECUTION OF CONTRACT IN WITNESS WHEREOF, the said parties hereto have caused this instrument to be signed by their respective duly constituted officers, attested and sealed pursuant to proper resolutions. TOWNSHIP OF WEST ORANGE IN THE COUNTY OF ESSEX ATTEST: By: _______________________________________ (Seal) Township Clerk _________________________________ _________________________________ By:____________________________(Seal) Mayor _________________________________ _________________________________ By:____________________________(Seal) Contractor C-5

TOWNSHIP OF WEST ORANGE ESSEX COUNTY, NEW JERSEY ________________________________________ NJDOT MA 2025 HELEN AVENUE, LAWRENCE AVENUE, FLORENCE PLACE AND LOWELL AVENUE IMPROVEMENTS PROJECT ________________________________________ BOND KNOW ALL MEN BY THESE PRESENTS that we __________________________, Principal, and ____________________________________________________________ Surety, are held and firmly bound unto the TOWNSHIP OF WEST ORANGE, in the COUNTY OF ESSEX, a municipal corporation of the State of New Jersey, Obligee, in the penal sum of ________________________________________________________________________DOLLARS lawful money of the United States of America, to be paid to the TOWNSHIP OF WEST ORANGE, in the COUNTY OF ESSEX, for which payment well and truly to be made we hereby jointly and severally bind ourselves, and our respective heirs, executors, administrators, successors, and assigns. Signed this _________ day of _______________, 2026. The condition of this obligation is such that whereas, the above named Principal did on the ________ day of _______________, 2026, enter into a certain Contract with the TOWNSHIP OF WEST ORANGE, in the COUNTY OF ESSEX, designated as NJDOT MA 2025 HELEN AVENUE, LAWRENCE AVENUE, FLORENCE PLACE AND LOWELL AVENUE IMPROVEMENTS PROJECT which said Contract is made a part of this Bond as though fully set forth herein. Now, if the above-named Principal shall well and faithfully do and perform all the things agreed by them to be done and performed under said Contract, according to the terms, covenants and conditions thereof, all and singular, including the fulfillment of all guarantees, and if the above-named Principal shall pay all lawful claims of subcontractors, materialmen, laborers, persons, firms or corporations for labor performed or materials, provisions, provender or other supplies of teams, fuels, oils, implements or machinery furnished, used or consumed in the carrying forward, performing or completing of said Contract, and if the above-named Principal shall satisfy any and all claims against the TOWNSHIP OF WEST ORANGE in the COUNTY OF ESSEX howsoever originating under the said

orming or completing of said Contract, and if the above-named Principal shall satisfy any and all claims against the TOWNSHIP OF WEST ORANGE in the COUNTY OF ESSEX howsoever originating under the said Contract and shall fully indemnify and save harmless the TOWNSHIP OF WEST ORANGE in the COUNTY OF ESSEX from any and all cost, loss, damage and expenses, including legal expenses, which the TOWNSHIP OF WEST ORANGE in the COUNTY OF ESSEX may suffer by reason of the failure of said Principal to do any of the foregoing, we agreeing and assenting that this undertaking shall be for the benefit of any subcontractor, materialman, laborer, person, firm or corporation having a just claim as well as for the TOWNSHIP OF WEST ORANGE in the COUNTY OF ESSEX, as Obligee, then this obligation shall be void, otherwise the same shall remain in full force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall in no event exceed the penal amount of this obligation as herein stated. B-1

The said Surety hereby stipulates and agrees that no changes, alterations, modifications, omissions, or additions in or to the terms of the said Contract, or in or to the Plans or Specifications therefore or any extension of time for the performance of any of the work covered thereby shall in any way affect the obligation of said Surety on this Bond, and the Surety does hereby waive notice of any and all such changes, alterations, modifications, omissions, or additions, in or to the terms of the said Contract or in or to the Plans or Specifications therefore and of any and all such extensions of time for the performance of any of the work covered thereby. The purpose of the performance guarantee is to assure the installation of the required improvements, to render the obligor and the Surety liable to the municipality of the reasonable costs of making such improvements if they are not installed properly, and in such case, to provide the means by which the municipality itself may remedy any deficiencies. Signed, sealed and acknowledged in the presence of: _____________________________ _____________________________ _____________________________ ______________________________(Seal) Contractor's Signature B-2

Witness STATE OF ) ) ss: COUNTY OF ) On this _____ day of ___________________________ in the year 2026, before me personally came ________________________________________, who being known to me and being of full age and being duly sworn upon their oath deposes and says: That he resides at_____________________________________________________________________________, and that he is the President of _______________________________________________________________________________, the Corporation described in and which executed the foregoing instrument; that he knows the seal of said Corporation, that the seal affixed to said instrument is such Corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed their name thereto by like order. ________________________________(Seal) (Signature) ________________________________(Seal) (Title) Subscribed and sworn to before me this _____ day of ______________, 2026. _________________________________ Notary Public Commission expires _____________ (Notary Seal) B-3

TOWNSHIP OF WEST ORANGE COUNTY OF ESSEX, NEW JERSEY ________________________________________ NJDOT MA 2025 HELEN AVENUE, LAWRENCE AVENUE, FLORENCE PLACE AND LOWELL AVENUE IMPROVEMENTS PROJECT ________________________________________ GENERAL CONDITIONS SECTION 1 - CONTRACT DOCUMENTS The Contract Documents shall consist of Notice to Bidders, Instructions to Bidders, Proposal, Contract and Agreement, General Conditions of Contract, General Requirements, Specifications and Plans, including all modifications and addenda thereof incorporated in any of the documents before execution of the Contract. SECTION 2 - SPECIFICATIONS AND SUPPLEMENTARY PLANS The Specifications and Plans are intended to supplement each other, and together constitute one complete set of Specifications and Plans, so that any work exhibited in the one and not in the other shall be executed just as if it has been set forth in both, in order that the work shall be completed in every respect according to the complete design or designs as decided and determined by the Engineer. In the event of a conflict in the Plans and Specifications, the Specifications shall be considered as prevailing. Should the Contractor find that anything is omitted from the Specifications and Plans which is necessary for a clear understanding of the work, or that there is an error in either Plans or Specifications, the Contractor shall promptly notify the Engineer. From time to time during the progress of the work the Engineer will furnish supplementary or working drawings as are necessary to show changes or define the work in more detail and these also shall be considered as Contract Plans. SECTION 3 - DEFINITIONS The word "Owner" as used herein shall mean the TOWNSHIP OF WEST ORANGE, the "Party of the First Part," acting through its properly authorized representatives. The word "Engineer" shall mean the engineer designated by the Owner, whether acting directly or through properly authorized agents, inspectors, or representatives of the Engineer, acting within the scope of duties entrusted to them. The word "Addendum" shall mean a modification of the Contract Documents issued in writing by the Engineer prior to the opening of the bids. The