Conference/Public Meeting Agendas/Documents — Packet

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175-12 September 11, 2012 RESOLUTION WHEREAS, the Township of West Orange entered into a contract with Conquest Industries, Inc. having its principal place of business at 32 Woodland Avenue, Westwood, New Jersey for Downtown West Orange Streetscape and Traffic Improvements in the amount of $1,549,696.25 as awarded by a Resolution of the Township Council No. 50-11 dated March 8, 2011 for the base bid and two alternate bids; and WHEREAS, these improvements are funded by a Federal Earmark Grant in the amount of $2,015,777 which is administered by the New Jersey Department of Transportation (NJDOT); and WHEREAS, the Bid Documents and Contract required Conquest Industries to complete all improvements by October 29, 2011 which was 180 days from the commencement of construction on May 2, 2011; and WHEREAS, the contract period was extended 30 days by Change Order No. 1 to November 28, 2011 to account for additional time to reconstruct the culvert in front of Our Lady of Lourdes Church; and WHEREAS, on Labor Day 2012, September 3, 2012, the project was not complete; and WHEREAS, for the Township to be reimbursed for eligible project costs by the NJDOT work must be performed within the contract time approved by the contracting agency (Township of West Orange); and WHEREAS, for the purpose of filing invoices with the NJDOT for reimbursement of eligible project costs, the Township, its consultant, Birdsall Services Group, and Conquest Industries, LLC agreed to a contract time extension to October 31, 2012 or an additional 338 days from the adjusted contract time of November 28,2011; and WHEREAS, the contract time must be approved by Change Order; and WHEREAS, Change Order No. 3 extends the contract time to October 31, 2012 from November 29, 2011 or an additional 338 days; and WHEREAS, the Township Council concurs with the extension of the contract time to October 31, 2012 strictly for the purpose of receiving reimbursement for eligible project costs

from the NJDOT. NOW THEREFORE BE IT RESOLVED by the Township Council of the Township of West Orange that Change Order No. 3 which extends the contract time for the project Downtown West Orange Streetscape and Traffic Improvement Program with Conquest Industries of 32 Woodland Avenue, Westwood, New Jersey be extended to October 31, 2012 for the purpose of receiving reimbursement of eligible projects costs from the NJDOT. Karen Carnevale, Municipal Clerk Victor Cirilo, Council President I hereby certify funds are available from: John Gross, Chief Financial Officer

176-12 September 11, 2012 RESOLUTION WHEREAS, pursuant to a public bidding process the Township of West Orange (the “Township”) entered into an agreement with ConQuest Industries, LLC (“ConQuest”) for certain construction work to be timely completed by ConQuest in connection with the Downtown West Orange Streetscape and Traffic Improvement Program (the “Agreement”); and WHEREAS, the Agreement provided that ConQuest would, among other things, replace traffic signals, perform electrical work, reconstruct sidewalks, replace curbing, improve drainage and install landscaping and site amenities (the “Work”) within the downtown area of the Township; and WHEREAS, on April 11, 2011, ConQuest was given a “Notice to Proceed” date of May 2, 2011 with respect to the Work, and the Agreement contemplated a completion date of October 29, 2011; and WHEREAS, ConQuest has still not fully and finally completed the Work; and WHEREAS, the Township asserts that the delays in completing the Work have caused the Township damages, including additional engineering and police coverage costs; and WHEREAS, ConQuest has agreed to amicably resolve these issues that have arisen in connection with the Agreement and the Work without the need for litigation, and both the Township and ConQuest intends to memorialize the release and resolution of these issues by execution of a Stipulation of Settlement in the form annexed as Attachment “A” (the “Stipulation”); and WHEREAS, ConQuest has agreed to remit $60,000 to the Township for damages the Township has incurred in connection with the Agreement; and WHEREAS, the Township Attorney recommends that the Township enter into the Stipulation; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE TOWNSHIP COUNCIL OF

THE TOWNSHIP OF WEST ORANGE, that the Mayor and Township Clerk be and hereby are authorized to execute and attest to the Stipulation in the form the annexed hereto; BE IT FURTHER RESOLVED, that a true copy of the Agreement shall remain on file with the Township Clerk for inspection by the public. ________________________ _________________________ Karen J. Carnevale Victor Cirilo Municipal Clerk Council President Adopted: September 11, 2012

176-12 STIPULATION OF SETTLEMENT The Parties This Stipulation of Settlement (hereinafter referred to as the “Settlement”) is made on this _____ day of September 2012 between ConQuest Industries, LLC (“ConQuest”), having an address at 32 Woodland Avenue, Westwood, New Jersey 07675, and the Township of West Orange (the “Township”), a Municipal Corporation of the State of New Jersey having its principal location at 66 Main Street, West Orange, New Jersey 07052 (collectively, the “Parties”); and whereas, in furtherance of the Settlement, the Parties hereby represent, warrant, state and agree: Witnesseth WHEREAS, pursuant to a public bidding process the Parties entered into an agreement , called the Downtown West Orange Streetscape and Traffic Improvement Program, for certain construction work to be timely completed by ConQuest for and within the Township (the “Agreement”); and WHEREAS, ConQuest agreed that it would, among other things, replace traffic signals, perform electrical work, reconstruct sidewalks, replace curbing, improve drainage and install landscaping and site amenities (the “Work”) within the downtown area of the Township; and WHEREAS, on April 11, 2011, ConQuest was given a “Notice to Proceed” date of May 2, 2011 with respect to the Work, and the Agreement contemplated a completion date of October 29, 2011; and WHEREAS, as of the date of this Settlement, ConQuest has not fully and finally completed the Work; and WHEREAS, the Township asserts that the delays in completing the Work have caused the Township damages including additional engineering and police costs; and WHEREAS, the Parties have agreed to amicably resolve various claims that have arisen in connection with the Agreement and the Work without the need for litigation, and desire and intend to memorialize the release and resolution of those Claims by execution of this Settlement; and NOW, THEREFORE, in consideration of the mutual benefits conferred in this Settlement, the premises of this Settlement, the consideration provided for herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and subject to the terms and conditions herein contained, the Parties

tion provided for herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and subject to the terms and conditions herein contained, the Parties agree as follows: 1. Settlement Amount. The Parties agree that ConQuest shall pay to the Township a total of Sixty-Thousand ($60,000) Dollars (the “Settlement Amount”), in consideration of the releases and other terms and conditions as set forth in this Agreement. The Settlement Amount shall be paid no later than September 30, 2012. All monies shall be remitted to the Township c/o John Gross, Chief Financial Officer, Municipal Building, 66 Main Street, West Orange, New Jersey 07052. The Township shall be authorized to issue joint checks payable to the Township for the Settlement Amount with regard to any monies due ConQuest under the Agreement or for the Work. To the fullest extent necessary, the Township 1

may designate an Attorney-in-Fact to execute any joint check or other disbursement to satisfy the Settlement Amount. Finally, to the extent necessary, the Township may deduct or offset the Settlement Amount from any monies due to ConQuest. 2. Scope of Settlement. The Settlement Amount is paid by ConQuest, to the Township, in satisfaction of unexpected additional police coverage and engineering oversight fees incurred by the Township in connection with the Agreement and the Work. Nothing contained herein shall release ConQuest from any remaining obligations under the Agreement and the Work including any remaining and punch list items. 3. Waiver of Claims. As a condition of this Settlement, ConQuest hereby waives, with prejudice and in their entirety, any and all claims, counterclaims, equitable relief and defenses that have been, could be or could have been brought against the Township in connection with the Agreement and/or the Work. 4. Completion of the Agreement Required. Notwithstanding the provisions of this Settlement, ConQuest shall be bound by the terms of the Agreement and, consistent therewith, shall timely finish the Work. ConQuest shall timely complete any remaining Work and punch list items required. At the conclusion of the Work, ConQuest shall provide a Disadvantaged Business Enterprise (“DBE”) breakdown for all subcontractors and suppliers along with all “Buy America” certifications. ConQuest shall provide all necessary documentation to be submitted to the New Jersey Department of Transportation for project close out and final reimbursement. 5. Enforceability. ConQuest’s failure to pay the Settlement Amount shall be deemed an immediate default entitling the Township to file suit for the Settlement Amount, including the recovery of reasonable attorneys’ fees and costs to be paid by ConQuest, in connection with any such enforcement. In any such event, ConQuest consents to entry of a judgment in the amount of the Settlement Amount plus reasonable attorneys’ fees, costs and post-judgment interest. 6. Choice of Law. This Agreement shall be governed in all respects, including validity, interpretation, and effect by the laws of the State of New Jersey. The Agreement shall be dated as of the date it was last signed by any of the Parties, which date shall be incorporated on the face