Township Council Meeting — Agenda

Karen J. Carnevale, R.M.C., Municipal Clerk Susan McCartney, Council President Adopted: July 19, 2022 I hereby certify funds are available from: Account No. John Gross, Chief Financial Officer

191-22 July 19, 2022 RESOLUTION WHEREAS, by Resolution No. 315-21 dated December 14, 2021, the Township Council awarded the Contract MA-2020 Arverne Road, Crestmont Road (portion) and Westover Terrace (portion) Improvement project to Cifelli & Son General Contracting, 81 Franklin Avenue, Nutley, NJ 07110 in the amount of $873,652.41; and WHEREAS, the work under this contract included street improvements consisting predominantly of asphalt pavement milling and resurfacing, curb replacement, driveway aprons, ADA accessible curb ramps and minor drainage improvements to three (3) Municipal Streets or parts thereof; and WHEREAS, supplemental items are needed in the contract for drainage improvements; and WHEREAS, the asphalt cement and fuel price index are escalating at a high percentage since the project was awarded; and WHEREAS, the Municipal Engineer by letter dated June 8, 2022 recommends additional funding in the amount of $159,266.83 to complete the work; and WHEREAS, by Resolution No. 154-22 dated June 14, 2022 the Township Council approved Change Order No. 1; and WHEREAS, by letter dated July 8, 2022, the Municipal Engineer recommends approval of the Final Accounting of As Built Quantities for this project in the amount of $44,515.18 or a 4.31 percent increase over the previously authorized amount; and WHEREAS, approximately $8,000.00 of this amount is due to significant increases in the Fuel Price Index and Asphalt Price Index; and WHEREAS, sufficient funds exist for this additional work; and WHEREAS, the Township Council concurs in the foregoing.

NOW THEREFORE BE IT RESOLVED by the Township Council of the Township of West Orange that the Final Accounting of As Built Quantities for the project MA-2020 Arverne Road, Crestmont Road (portion) and Westover Terrace (portion) Improvement Project with Cifelli & Son General Contracting, 81 Franklin Avenue, Nutley, NJ 07110 in the amount of $44,515.18 or a 4.31 percent increase in the adjusted contract amount through Change Order No. 1 is hereby approved bringing the final adjusted contract amount to $1,077,434.42. BE IT FURTHER RESOLVED that the Municipal Engineer is authorized to execute the Change Order on behalf of the Township of West Orange. Karen J. Carnevale, RMC, Municipal Clerk Susan McCartney, Council President Adopted: July 19, 2022 I hereby certify funds are available ACCT NO. 03 2610 20 0500 110 2020 Capital Budget Road Improvements $44,515.18 John Gross, Chief Financial Officer

TOWNSHIP OF WEST ORANGE 25 LAKESIDE AVENUE, WEST ORANGE, N.J. 07052 DEPARTMENT OF PUBLIC WORKS ROBERT D. PARISI Tel: (973) 325-4160 Mayor Fax: (973) 669-9588 Email: Engineering@westorange.org LEONARD R. LEPORE Director, Municipal Engineer July 8, 2022 Mayor and Township Council Municipal Building 66 Main Street West Orange, New Jersey 07052 RE: MA-2020 Arverne Road, Crestmont Road (portion) and Westover Terrace (portion) FINAL ACCOUNTING OF AS BUILT QUANTITIES CIFELLI AND SON, GENERAL CONTRACTING Mayor Parisi, Council President McCartney and Council Members, The contract Street Improvements, MA-2020 Arverne Road, Crestmont Road (portion) and Westover Terrace (portion) Improvement Project with Cifelli and Son General Contracting of Nutley, NJ consists of hot mix asphalt pavement milling and resurfacing, curb replacement, driveway aprons, ADA accessible curb ramps and minor drainage improvements such as storm drain inlet retrofitting with the installation of curb pieces and bicycle safe grates for compliance with NJDEP stormwater management regulations. The project is now complete and I am requesting you approve the Final Accounting of As Built Quantities dated July 8, 2022 which is attached. This accounts for the contract adjustment required as a result of the project being complete and all as built quantities measured. The Final Accounting requires approval of an additional $44,515.18 bringing the final contract amount to $1,077,434.42. Approximately $8,000.00 of this Final Accounting is due to increase in asphalt and fuel prices Attached, please find Final Account of As Built Quantities with Cifelli and Son, General

Approximately $8,000.00 of this Final Accounting is due to increase in asphalt and fuel prices Attached, please find Final Account of As Built Quantities with Cifelli and Son, General Contracting in the amount of $44,515.18 along with a Resolution authorizing the same. If you have any questions, please contact me. Very truly yours, Leonard R. Lepore Leonard R. Lepore, Municipal Engineer Director of Public Works LRL/tb Cc: John Gross Ken Kayser Cifelli & Son

192-22 July 19, 2022 RESOLUTION WHEREAS, in late June 2022 one of the two sewage pumps failed at the Old Short Hills Road Pump Station; and WHEREAS, a replacement pump will take approximately six months to manufacture and to be delivered; and WHEREAS, the remaining pump is of similar age to the failed one; and WHEREAS, if the second pump were to fail a backup and possibly an overflow of sewage would occur; and WHEREAS, either of these two occurrences would cause a public health emergency; and WHEREAS, the Township to avoid these public health emergencies contracted with Shauger Property Services to construct a station bypass which will allow the installation of external pumps should the one remaining pump fail; and WHEREAS, the Township received two proposals for this work – Shauger Property Services of East Orange, $46,989.86 and Carner Brothers of Roseland, $60,000.00; and WHEREAS, the Township Engineer by letter dated July 8, 2022 recommends paying the cost of this Emergency Work; and WHEREAS, pursuant to the Local Public Contracts Law, Emergency Contracts, N.J.S.A. 40A:11.6a the Municipal Engineer on June 24, 2022 notified the Purchasing Agent of the need to perform an emergency contract for this work with an estimated cost of $60,000.00 which is above the bid threshold; and WHEREAS, sufficient funds exist for this work; and WHEREAS, the Township Council concurs in the foregoing. NOW THEREFORE BE IT RESOLVED by the Township Council of the Township of West Orange that an emergency appropriation in the amount of $46,989.86 is authorized to pay Shauger Property Services for emergency sewer construction to the Township’s Old Short Hills Road Pump Station.

BE IT FURTHER RESOLVED that this work was performed pursuant to the provisions of the Local Public Contracts Law, Emergency Contracts, N.J.S.A. 40A:11-6 as the work was required to protect public health and welfare. Karen J. Carnevale, RMC, Municipal Clerk Susan McCartney, Council President July 19, 2022 I certify funds are available for this work Account No. 03 2661 21 0500 120 $46,989.86 2021 Capital Budget John O. Gross, Chief Financial Officer

193-22 July 19, 2022 RESOLUTION WHEREAS, the Township of West Orange (“Township”) and KemperSports Management, Inc. (“KemperSports”) previously entered into a Qualified Management and Maintenance Contract dated July 13, 2021 (the “Agreement”); and WHEREAS, the Agreement provided for the operation, management and maintenance of the Golf Course and Golf Course Facilities located at 90 Rock Spring Road; and WHEREAS, KemperSports intends to enter into three (3) multi-year lease agreements (“Equipment Leases”) with PNC Equipment Finance for EZ-GO Golf Cars and associated utility vehicles; and WHEREAS, KemperSports has notified the Township of its intent to assign its obligations under Equipment Leases upon termination of the Management Agreement in accordance with the terms and conditions set forth in the Assumption Agreement annexed hereto as Attachment “A” the (“Amendment”); NOW, BE IT HEREBY RESOLVED, by the Township Council of the Township of West Orange that the Mayor be and is hereby authorized to execute the Assumption Agreement, in the form annexed hereto, and the Township Clerk shall be and hereby is authorized to attest to the Mayor’s signature; and it is further RESOLVED that this Resolution shall be made available in the Clerk’s Office for reasonable inspection in accordance with applicable law. Karen J. Carnevale, R.M.C. Susan McCartney Municipal Clerk Council President Adopted: July 19, 2022

500 Skokie Boulevard Suite 444 Northbrook, Illinois 60062 847 850 1818 847 291 0271 fax 193-22 www.kempersports.com July 14, 2022 John Gross Township Business Administrator/CFO Township of West Orange 66 Main Street West Orange, New Jersey 07052 Dear John: As previously discussed, KSM intends to enter into the following three (3) multi-year lease agreements with PNC Equipment Finance: Lease Agreement Number 1130785-2 dated as of February 4, 2022, Lease Agreement Number 1130785-3 dated February 4, 2022, and Lease Agreement Number 1130785-4 dated February 4, 2022 (collectively, together with all schedules, amendments and addenda thereto, the "Equipment Leases") for EZ-GO Golf Cars and associated utility vehicles to be used at the Rock Spring Golf Club (“EZ-GO Vehicles”). As requested, Kemper Sports Management, LLC (“KSM”) is willing to have the Equipment Leases in its name with the understanding that upon any termination or expiration of the Management Agreement, the Township of West Orange will accept assignment by KSM of the Equipment Leases and all obligations thereunder (the “Assignment”), after proper authorization to do so by its Township Council and PNC Equipment Finance, and to the extent permitted under the laws of the State of New Jersey, provided, however, in the event that the Township of West Orange does not accept the Assignment upon any termination or expiration of the Management Agreement, then, at its option, KSM may elect to terminate the Equipment Leases pursuant to their terms and any associated costs and fees incurred by KSM as a result shall be reimbursed to KSM by the Township of West Orange. If the foregoing accurately reflects your understanding, please sign and return a copy of this letter to me. Approved and Accepted this _________ day of __________________, 2022. Kemper Sports Management, LLC. By:

rately reflects your understanding, please sign and return a copy of this letter to me. Approved and Accepted this _________ day of __________________, 2022. Kemper Sports Management, LLC. By: ________________________________________ Date: _______________________ Jeremy Goldblatt Executive Vice President Township of West Orange By:________________________________________ Date: ______________________ John Gross CFO 1