Conference/Public Meeting Agenda/Documents — Packet

197-12 October 16, 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, on September 11, 2012, following a settlement meeting with Conquest, the Township Council approved Resolution No. 176-12. ConQuest has refused to sign the Stipulation approved September 11, 2012 and negotiated certain modifications which are reflected on the annexed Revised Stipulation; and