Conference/Public Meeting Agendas/Documents — Packet

171-12 THIS AGREEMENT, entered into this 11th day of September, 2012 by and between the Township of West Orange, a Municipal corporation of the State of New Jersey, having its principal offices at 66 Main Street, West Orange, NJ 07052, hereinafter referred to as TOWNSHIP and Woodland Valley Senior Social Gathering hereinafter referred to as CONTRACTOR: WITNESSETH WHEREAS, the Township is desirous of providing recreational, social, informational and educational services to the Senior Citizens of the Township and Woodland Valley Senior Social Gathering; and WHEREAS, Contractor is desirous of furnishing such services; NOW, THEREFORE, in consideration of the foregoing and mutual covenants hereinafter stated and as stated in Schedule A attached hereto, the parties hereto do hereby agree as follows: 1. For the period January 1, 2012 to December 31, 2012 the Contractor hereby agrees to organize, and make available to the Township of West Orange, a minimum of six gatherings designed to service the educational, recreational, informational and/or social needs of the Senior Citizens of the Township of West Orange. 2. The Township agrees to pay to the Contractor the total sum of Two Hundred and Fifty Dollars ($250.00) for the above mentioned services. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be signed by their proper representatives and have affixed their seals hereto on the day and year first above written. Attest: Township of West Orange Karen J. Carnevale Robert D. Parisi Municipal Clerk Mayor By: President Print Name: 171-12 SCHEDULE A

(I) During the performance of this contract the contractor agrees as follows: a. The contractor or subcontractor, where applicable, will not discriminate against any employee of applicant for employment because of age, race, creed, color, national origin, ancestry, marital status or sex. 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 or sex. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of 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 non discrimination clause; b. 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, creed, color, national Origin, ancestry, marital status or sex; c. The contractor or subcontractor, where applicable will send to each labor union or representative 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 worker's 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. d. The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to P.L. 1975,c.127, as amended and supplemented from time to time. (II) The contractor or subcontractor agrees to attempt in good faith to employ minority and female workers consistent with the applicable county employment goals prescribed by section 5.2 of the Regulations promulgated by the Treasurer pursuant to P.L. 1975, c.127, as amended and supplemented from time to

consistent with the applicable county employment goals prescribed by section 5.2 of the Regulations promulgated by the Treasurer pursuant to P.L. 1975, c.127, as amended and supplemented from time to time or in accordance with a binding determination of the applicable county employment goals determined by the Affirmative Action Office pursuant to section 5.2 of the Regulations promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as amended and supplemented from time to time. (III)The contractor or subcontractor agrees to inform in writing appropriate recruitment agencies in the area, including employment agencies, placements bureaus, colleges, universities, and labor unions, that it does not discriminate on the basis of age, creed, color, national origin, ancestry, marital status or sex, and

that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices. (IV) 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. (V) 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 or sex, and conform with the applicable employment goals, consistent with the statutes and court decisions of the State of New Jersey, and applicable federal Law and applicable federal court decisions.

172-12 September 11, 2012 RESOLUTION WHEREAS, the Township of West Orange and its Township Council are defendants in a civil lawsuit brought by a developer, West Essex Highlands, Inc., pending in the Superior Court of New Jersey, bearing Docket No. ESX-L-009411-10, challenging the Township’s steep slope ordinance and rezoning of the developer’s approximately 120 acre parcel of land in the northwestern corner of the Township; and WHEREAS, the plaintiff-developer has been seeking to develop that parcel for many years and has been involved in litigation with the Township for more than a decade regarding various land use issues in connection with its proposed development; and WHEREAS, the plaintiff-developer has retained a professional planner who has prepared a 71 page expert report in support of its claims; and WHEREAS, counsel representing the Township and Township Council has recommended the retention of an expert professional planner to analyze the planning aspects of the litigation and to prepare an expert report on behalf of the defendants, and to provide expert testimony if necessary; and WHEREAS, the Township Council and Mayor are in agreement that retention of an expert professional planner is necessary for a proper and competent defense of this litigation; and WHEREAS, Paul Grygiel, AICP, PP, from the firm of Phillips, Preiss, Grygiel, LLC, in Hoboken, NJ, a New Jersey licensed professional planner who has in the past and presently performs various professional planning services for the Township of West Orange, and has expressed a willingness to perform the necessary and proper expert services for this litigation and estimates the cost of same can be managed so as not to exceed the sum of $10,000.00; NOW, THEREFORE, BE IT, AND HEREBY IT IS, RESOLVED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF WEST ORANGE, that the Mayor is authorized to execute, and the Municipal Clerk to attest to his signature, a Contract for the provision of expert professional planning services, including, but not limited to, review of the plaintiff’s expert’s report(s), analysis of the Township’s steep slope ordinance and zoning of the West Essex Highlands property which is the

ing services, including, but not limited to, review of the plaintiff’s expert’s report(s), analysis of the Township’s steep slope ordinance and zoning of the West Essex Highlands property which is the subject of the litigation in Docket No. ESX-L-009411-10, preparation of an expert report(s) on behalf of the defendants Township and Township Council, and, if necessary, expert testimony at trial of that litigation, all not to exceed the sum of $10,000.00, without further authorization. Victor Cirilo, Council President Karen J. Carnevale, Municipal Clerk Adopted: September 11, 2012 I hereby certify funds available: 01-2010-00-1402-060- $10,000.00 John O. Gross, Chief Financial Officer

173-12 September 11, 2012 RESOLUTION WHEREAS, on November 1, 2011 the Township Council of the Township of West Orange introduced Ordinance No. 2335-11 (the “Ordinance”) authorizing the sale of Township owned land located at Block 176.08, Lot 8-Arnold Terrace, and a portion of Block 176.04, Lot 15.01-Arnold Terrace to the contiguous property owners, Lauren and Marc Shapiro (the “Shapiros”), owners of the property located at Block 178.56, Lot 11, pursuant to N.J.S.A. 40A:12 -13(b)(5); and WHEREAS, the Ordinance was adopted by the Township Council of the Township of West Orange on November 22, 2011; and WHEREAS, the Ordinance provides that title to the referenced property shall close within sixty (60) days of adoption of the Ordinance, unless an extension of time has been granted by the Township Council of the Township of West Orange; and WHEREAS, the closing and transfer of title on the referenced property has not yet taken place; and WHEREAS, by Resolution 11-12, adopted February 7, 2012, the Township Council extended the time period to close on these parcels for an additional sixty (60) days; and WHEREAS, by Resolution 69-12, adopted April 3, 2012, the Township Council extended the time period to close on these parcels for an additional sixty (60) days; and WHEREAS, by Resolution 69-12, adopted April 3, 2012, the Township Council extended the time period to close on these parcels for an additional sixty (60) days; and WHEREAS, by Resolution 103-12, adopted May 29, 2012, the Township Council extended the time period to close on these parcels for an additional sixty (60) days; and WHEREAS, the closing and transfer of title to the referenced property is now scheduled to take place on September 28, 2012, in exchange for the sum of $22,321, or $1.00 per square foot on the referenced property; and

WHEREAS, the Shapiros and the Township required additional time to discuss final details and prepare all required paperwork to properly close on and transfer title to the referenced property; and WHEREAS, the Township Council of the Township of West Orange concurs that extending the time period to close on these parcels for another sixty (60) days is in the best interest of the Township of West Orange; NOW, THEREFORE BE IT HEREBY RESOLVED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF WEST ORANGE that the time period to close on the sale of Township owned land located at Block 176.08, Lot 14-Marmon Terrace, Block 176.08, Lot 8-Arnold Terrace and Block 176.04, Lot 15.01-Arnold Terrace be and hereby is extended for an additional sixty (60) days from the date of this Resolution. ________________________ _________________________ Karen J. Carnevale Victor Cirilo Municipal Clerk Council President Adopted: September 11, 2012

174-12 September 11, 2012 RE S O L U T I O N 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; 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 Township previously approved two NJDOT Change Orders in the amount of $120,000.00 and $74,455.90 which increased the contract amount to $1,744,152.15; and WHEREAS, during the course of construction numerous field conditions were encountered which required field changes to the plan; and WHEREAS, the field conditions required adjustments in curb location and construction, inlet reconstruction, building foundation reconstruction, modification of electric junction boxes, additional test pits for traffic signals, traffic signal modification, crosswalk relocation and in some locations additional site clearing; and WHEREAS, the field conditions resulted in 15 supplemental items identified as S-9 through S-21 on Change Order No.4 and S-22 and S-23 on Change Order No. 5; and WHEREAS, on Change Order No. 4 the 13 supplemental items resulted in an additional cost of $53,947.13; and WHEREAS, on Change Order No. 4 an additional 1000 man hours of Uniform Traffic Directors were added at a cost of $60,000 bringing the total increase associated with Change Order No. 4 to $113,947.13; and WHEREAS, Change Order No. 5 accounted for As Built quantities to date throughout the project for all previously approved items as well as additional costs associated with two

supplemental items resulting in a net decrease of the contract amount of $9,117.35; and WHEREAS, the Township Engineer and its consultant Birdsall Services Group recommended Change Orders No. 4 and 5 as being necessary and beneficial which is a net increase of $104,828.78; and WHEREAS, the Change Orders collectively reflect a six (6) percent increase in the previously authorized contract amount increasing the authorized contract amount to $1,848,981.93; and WHEREAS, sufficient funds exist to pay for the change orders; 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 Change Order No. 4 in the amount of $113,947.13 and Change Order No. 5 in the amount of -$9,117.35 with Conquest Industries, Inc. for Downtown West Orange Streetscape and Traffic Improvements resulting in a net increase of $104,829.78, increasing the authorized contract amount to $1,843,981.93 are hereby approved and the Township Council further authorizes Robert D. Parisi, Mayor to execute said Change Orders. Karen J. Carnevale, Municipal Clerk Victor Cirilo, Council President I hereby certify funds are available from: 01-2040-41-1000-203 John Gross, Chief Financial Officer