Township Council Meeting — Packet

| I | | The CONTRACTOR will proceed with the aforesaid work in a prompt and diligent manner and will do the several parts thereof at such time and in such order as the FORESTER may direct. The CONTRACTOR will complete the whole of said work in accordance with the aforesaid Specifications, Plans and Contract Drawings by, with and through his own work force, employees, administrators, equipment and material without brokering, factoring, assigning or subcontracting more than fifty percent (50) thereof, unless otherwise approved by the OWNER, within the number of consecutive calendar days stipulated and in default of completion within the time so fixed, the CONTRACTOR will pay to the OWNER an amount equal to Six Hundred Dollars ($600.00) for each and every day (Sundays and legal holidays excepted) the completion of the work may be delayed beyond the date or dates fixed as liquidated damages accruing to the OWNER incident to such delay, which said amount will not be construed to be in the nature of a penalty or forfeiture. Any violation of the undertaking by the CONTRACTOR to do and complete all of the said work without brokering, factoring, assigning or subcontracting more than fifty percent (50%), unless otherwise approved by the OWNER, of the same at any time or times during the course of said work will be deemed to be a breach of the Contract with the OWNER, and will, anything in the Contract to the contrary notwithstanding, give to the OWNER, the absolute, complete, and unencumbered right to terminate any and all rights of the CONTRACTOR under this Contract upon seven (7) days notice of its intention so to do, given in writing to the CONTRACTOR at its address set forth in the Contract, by certified mail, return receipt requested. The CONTRACTOR may apply to the OWNER through the FORESTER for the right to subcontract certain portions of the work to be done, but the OWNER, acting through the FORESTER, reserves the absolute right to approve any such subcontractor or to reject any such subcontractor in its and their sole and absolute discretion, it being the intention that the provisions against brokering, factoring, assigning, and subcontracting more than fifty percent (50%) of the work unless otherwise approved by the OWNER above set forth will be paramount and remain inviolate, It is further understood and agreed that the CONTRACTOR has no claim for any

percent (50%) of the work unless otherwise approved by the OWNER above set forth will be paramount and remain inviolate, It is further understood and agreed that the CONTRACTOR has no claim for any bonus or other additional compensation in the event of completion of such work before the date agreed upon. The OWNER will not be liable to the CONTRACTOR for any negiect, default, delay, or interference of or by any other contractor, nor will any such neglect, default, delay or interference of any other contractor or alteration which may be required in said work, release the CONTRACTOR from the obligation to finish said work within the time aforesaid or within the time as extended in accordance with the provisions of this Contractor, or form the payment of liquidated damages to be paid in default thereof as hereinabove provided, [tis hereby mutually agreed that the OWNER is to pay and the CONTRACTOR is to receive as full compensation i | i 7 : for furnishing al! materials and labor in building, constructing, and testing, and in all respects completing the work herein described and appurtenances thereto in the manner and under the conditions hereln specified, the total price stipulated in the Proposal hereto annexed, as calculated using the unit prices bid and actual quantities used during the course of the Work. Itis further understood and agreed that the wages paid to the crafts, trades, or classification of workers employed to perform this Contract will not be less than the prevailing wage rates established by the Commissioner of the Department of Labor and Industry of the State of New Jersey. The wage rates fo be paid for each craft, trade, or classification of workers to be used on the Contract will comply with the Prevailing Wage Rate Determination by the New Jersey Department of Labor and Industry, attached hereto. In accordance with the requirements of the State of New Jersey Affirmative Action Program under P.L. 1975, C127, the CONTRACTOR agrees to comply with the provisions of the Affirmative Action Program as stipulated under the specification section “General Instructions and Conditions’. IN WITNESS WHEREOF, the Township of West Orange has caused these presents to be signed by its proper officers, and the CONTRACTOR has hereunto set his hand and seal or caused these presents to be signed by its proper corporate officers and caused its

s caused these presents to be signed by its proper officers, and the CONTRACTOR has hereunto set his hand and seal or caused these presents to be signed by its proper corporate officers and caused its corporate seal to be hereunto affixed the date and year first above written. 103

DATE: TOWNSHIP OF WEST ORANGE, NEW JERSEY ATTEST: By: TITLE. CONTRACTOR: WITNESS: TITLE Owner Partner CONTRACTOR: | ATTEST: TITLE { Corporate Secretary Corporate Officer Title: : Title: (Print or Type Name) (Print or Type Name) Corporate Seal 104

EXHIBIT A MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE N.J.S.A. 10:5-31 et seq. (P.L. 1975, C. 127) NJAC, 17:27 GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS During the performance of this contract, the contractor agrees as follows: The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Except with respect to affectional or sexual orientation and gender identity or expression, the contractor will take affirmative action to ensure that such applicants are recruited and employed, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; i i compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause. The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. The contractor or subcontractor, where applicable, will send to each labor union or tepresentative or workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer advising the labor union or workers’ representative of the contractor's commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the

s of the notice in conspicuous places available to employees and applicants for employment. The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to N.J.S.A. 10:5-31 et seq., as amended and supplemented from time to time and the Americans with Disabilities Act. The contractor or subcontractor agrees to make good faith efforts to employ minority and women workers consistent with the applicable county employment goals established in accordance with N.J.A.C. I7:27-5.2, or a binding determination of the applicable county employment goals determined by the Division, pursuant to N.J.A.C. 17:27-5.2. The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited to, employment agencies, placement bureaus, colleges, universities, labor unions, that it does not discriminate on the basis of age, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, 105

disability, nationality or sex, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices. The contractor or subcontractor agrees to revise any of its testing procedures, if necessary, to assure that all personnel testing conforms with the principles of job-related testing, as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions. In conforming with the applicable employment goals, the contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and layoff to ensure that all such actions are taken without regard to age, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions. The contractor shall submit to the public agency, after notification of award but prior to execution of a goods and services contract, one of the following three documents: Letter of Federal Affirmative Action Plan Approval Employee Information Report Form AA302 The contractor and its subcontractors shall furnish such reports or other documents to the Div. of Contract Compliance & EEO as may be requested by the office from time to time in order to carry out the purposes of these regulations, and public agencies shail furnish such information as may be requested by the Div. of Contract Compliance & EEO for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at N.J.A.C. 17:27. 106

2026 Tree Plan ng at Various Loca ons Due 11.14.2025 at 11:00AM Unofficial Results/ Plan Holders List SJC Lawncare Inc DID NOT EXCEPT CAME IN AFTER 11:00AM 305 Elizabeth Ave Cranford, NJ 07016 office@sjclawncare.com Frank Galbraith & Son Excava on and Demoli on LLC 831 Raritan Rd BASE $115,000.00 Scotch Plains, NJ 07076 Root Barrier $525.00 per tree Office.galbraith@gmail.com Deer Fencing $250.00 per tree Yellow Stone Landscaping 50 US-46 Hacke stown, NJ 07840 dmungiello@yellowstonelandscape.com Cerbo’s Nurseries 440 Li leton Rd BASE $79,000.00 Parsippany, NJ 07054 Root Barrier $50.00 per tree tylor@cerbogreenhouse.com Deer Fencing $10.00 per tree cindy@cerbogreenhouse.com

Clarke Moynihan Landscaping & Construc on, LLC. 229 Main Street Andover, NJ 07821 clarke@moynihancompanies.com A.N.T Nursery Inc 1439 Perrineville Rd Monroe Twp, NJ 08831 ANTnursery@gamil.com Louis Barbato Landscaping, Inc 1600 Railroad Ave BASE $110,000.00 Holbrook, NY 11741 Root Barrier $20.00 per tree barbatolandscape@aol.com Deer Fencing $75.00 per tree The Shauger Group 429 Dodd St BASE $136,000.00 East Orange, NJ 07017 Root Barrier $50.00 per tree lsphale@shauger.com Deer Fencing $100.00 per tree Aspen landscaping Contrac ng, Inc 1121 Springfield Rd Union, NJ 07083 jberkowitz@aspennj.net

Diaz Nurseries 114 Valley Sta on Rd Bethlehem Township, NJ 08802 gusdiaztrees@gmail.com Robbie Lane Enterprises 38 Jacksonville Rd Towaco, NJ 07082 robertlane@hotmail.com Turco Turf, Inc 430 Montclair Ave BASE $199,000.00 Pompton Lakes, NJ 07442 Root Barrier $82.50 per tree amanda@grasskeepers.net Deer Fencing $168.24 per tree Grabowski Construc on 770 Northfield Ave West Orange, NJ 07052 973-731-0111 mike@grabowskiconstrcu on.com