Township Council Meeting — Packet

s fully as if the same were repeated at length herein. ARTICLE II - 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. ARTICLE III - DAMAGES FOR FAILURE TO COMPLETE ON TIME The Contractor shall pay to the owner for each and every calendar day that they 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). C-1

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 them 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 - PARTIAL AND 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. 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

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 C-2

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