Township Council Meeting — Packet

45-25 January 28, 2025 RESOLUTION WHEREAS, in December 13th 2024, the Township’s Construction Supervisor determined that the vitrified clay pipe sanitary sewer main located across from No.546 Valley Road was broken by Contractor replacing the sanitary sewer lateral that needed to be tied to the sewer main; and WHEREAS, to avoid any additional and catastrophic collapse of the sanitary sewer main, the Engineering Department decided to contact a reputable Contractor to repair the section of pipe that was broken by other Contractor trying to connect the service lateral to the main and restore the area; and WHEREAS, pursuant to the Local Public Contracts Law, Emergency Contracts, N.J.S.A. 40A:11.6a the Municipal Engineer on December 13, 2024 notified via email the Administration and Purchasing Agent of the need to perform an emergency contract for this work; and WHEREAS, it was concluded that to expedite the work and to perform the emergency repair of the sanitary sewer pipe to protect public health and safety, an emergency contract was issued to Grabowski Construction, Inc. who was readily available to mobilize and perform the work; and WHEREAS, Grabowski Construction, Inc. submitted an invoice dated January 17, 2025 for the emergency repair of the sanitary sewer in the amount of $64,574.42; and WHEREAS, the Municipal Engineer by letter dated January 22, 2025 recommends paying the costs of this emergency work; 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 an amount not to exceed $64,574.42.00 without authorization is authorized to Grabowski Construction, Inc. for emergency sanitary sewer construction to the

Township’s sanitary sewer main located in front of No. 546 Valley Road; 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 Joe Krakoviak, Council President Adopted: January 28, 2025 I certify funds are available for this work from Account No. : $65,574.42 John C. Ditinyak, Chief Financial Officer

GIRdAIEOVYSKII 45-25 CONSTRUCTION, INC" 770 Northfield Avenue Orange, New JerseY 07052 'West Office 973-731-0111 Fax 973'731-6709 January L7,2025 Zayibeth Carballo, Director, Municipal Engineer Department of Engineering Township of West Orange 25 Lakeside Ave West Orange, NJ 07052 Re: Emergency Repair Subject Matter: 456 Valley Road Sanitary Sewer Damage Scope of Work: Mobilized labor, equipment and material to repair section of !8" clay sanitary sewer pipe damaged by others. Built manhole/catch basin to repair area of broken sanitary pipe to support lateral connection. Repaired lateral connection. Reconnected 4" homeowners lateral. Paved roadway. Total - S0O,OOO.OO Police - Traffic Control 54,stq,qZ Total Cost of Repairs: 564,574.42 Submitted by, .-{t--r*- E G rabowski Construction,. lnc

lnvoice {* EXTRA ]UTY lnvoice Number: SOLUTIONS x070.703654 Statoment Date: Customer lD: Extra Duty Solutions (203)-202-3e91 West Orange pD NJ Location: Account Manager: 973-568-8838 NET3OCCBK Terms: lntornal Ref Code: BILL TO: 419 Grabowski Construction 770 Northfield Avenue West Orange NJ 07052 United States of America DATE ITEM 01.02.25 Officer LOCATTON I T|ME I OFFTCER 01.02.25 Cruiser 01.03.25 Officer 01 .03.25 Cruiser 01.03.25 Officer 01.03.25 Cruiser 01.04.25 Officer 01.04.25 Cruiser 01.05.25 Officer 01.05.25 Cruiser 01.02.25 - Mitchelt St & Valley Rd; time: 08:00 - QTY. RATE 16:30; officer: Herskovitz, N AMOUNT 8.50 96.38 819.23 01.02.25 - Mitchell St & Valley Rd; time: 08:00 _ 16:30; officer: Herskovitz, N 1.00 216.15 216.15 01.03,25 - Mitchell St & Valley Rd; time: 08:00 - 14:30; officer: D6€rMAmbola, .i 6.50 96.38 626.47 1.00 2.7g 2.79 01.03.25 - Mitchell St & Valley Rd; time: 08:00 _ 14:30; officer: D6€TMAmbota, T 01.03.25 - Mitchell St & Vailey Rd; time: 14:30 - 1B:00; officer: Demarco, e 3.50 96.38 337.33 01.03.25 - Mjtchell St & Valley Rd; time: 14;30 _ 1B:00; officer: Demarco, e 1.00 1.50 1.50 officer: Forges, M 8.00 112.65 901.20 01.04.25 - Mitcheil St & Vailey Rd; time: 08:00 _ 16:00; officer: Forges, M 1.00 3.44 3.44 0'1.05,25 - Valley Rd & Mitcheil St; time: 10:30 - 17:00; officer: Beil, R 6.50 112.65 732.23 1.00 2.79 470 01.04.25 - Mitchelt St & Vailey Rd; time: 08:00 - 16:00; 01.05.25 - Vattey Rd & Mitcheil St; time: 10:30 _ 17:00; Please detach the remittance srip berow and return it officer: Beil, R with your payment. REMITTANCE Please make checks payable to Extra Duty Solufions MailTo : and SBF: lnvolce Number: Statement Date: Hart Halsey LLC d/b/a Extra Duty Solutions P.O. Box 5129 Charlotte, N.C. 28299-5,1 29 Customer lD: Due Date: Please write your INVOICE number on your check. This invoice is sold, assigned and payable to: seacoast Business Funding. BALANCE DUE: TO PAY BYACH: Seacoast Bank ABA #: 067005158 Account #:4407135811 SWIFT: SNBFUS3F 1x070.70s834 l AMOUNT ENCLOSED: I c01 75s8 ] [$3,oas.ts Continued... 1 Page: 1 of 2

lnvoice {H} EXTRA ]IJTY lnvolce Number: sOLUTIONs 703840 Statement Date: Customer lD: Extra Duty Solutions (203)-202-3991 7558 West Orange PD NJ Locaflon: Account Manager: 973-568-8838 Terms: NET3OCCBK * 1""'*-"ligirzs,^^," . "ij lnternal Ref Code: BILL TO: Grabowski Construction 770 Northfield Avenue West Orange NJ 07052 United States of America DATE ITEM 01.06.25 Officer LOCATTON IT|ME I OFFTCER Cancetted by paul @0632 - Mitcheil St & Valtey Rd; time: 0B:00 _ 12:00', officer: Herskovitz, N 919?25... O'1.06.25 Cruiser 01.10.25 Officer 01.10.25 Cruiser ,?; Canceiled by paut @0632 - Mitcheil St & Vailey Rd; time: 08:00 91 99 12:00; officer: Herskovitz, N _ QTY. RATE AMOUNT 4.00 96.38 AOE EO 1.00 t,tz 1.72 01.10,25- Vattey Rd & Mitchell St; time: 08:00 - .13:00; officer: Adames, E 5.00 96.38 481,90 01.10.25 - Vattey Rd & Mjtchell St; time: 08:00 _ 13:00; officer: Adames, E 1.00 2.15 2.1s Processing Fee 0.00 BALANCE ouE:i - $_lil2n - - *^"" ' ',, , ."- ..,.,"-,.",..* , i ... .. l Please pay this remaining balance. Thank you. Please detach the remittance slip below and return it with your payment. REMITTANCE Please make checks payabte to Extra Duty Solutions MailTo : and SBF: lnvoice Number: i*'"*-" X07o7dis40*-**l Statement Oate: Hart Halsey LLC d/b/a Extra Duty Solutions P.O. Box 5129 Charlotte, N.C, 28299-S129 i''"''" -'iJ-j.n-ZOZS'' ' '' customerto: i"-'-""lbilsii'{""' 1.......*. Due Date: Please write your INVOICE number on your check. This invoice is sold, assigned and payable to: seacoast Business Funding. ....,**,...''*.*.,,.,,.."...,, . .. . .' T BALANCE DUE: TO PAY BYAGH: Seacoast Bank ABA #: 067005158 Account #: 4407135871 SWIFT: SNBFUS3F 1x070.703840 l I c01 7558 ] AMOUNT ENCLOSED: [ $8zt.zo 1 Page: 1 of 1 ] j

46-25 January 28, 2025 RESOLUTION WHEREAS, Wilentz, Goldman, & Spitzer, P.A. (“Counsel”), responded to the Township’s Request for Qualifications for Bond Counsel pursuant to a fair and open process for the year 2025; and WHEREAS, Counsel has agreed to provide professional services for the calendar year 2025, pursuant to the terms and conditions set forth in the agreement annexed hereto as Exhibit “A;” and WHEREAS, the Law Department recommends retention of Counsel for the purpose of representing the Township in the capacity of Bond Counsel; and WHEREAS, pursuant to pursuant to N.J.S.A. 40A:11-5(1)(a)(i), the proposed professional services contract is subject to an exception to the standard bidding procedures set forth in the Local Public Contracts Law; 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 an agreement, in the form annexed hereto, to retain Counsel to provide services as Bond Counsel at the rates and terms set forth therein; and it is further RESOLVED that notice of this award shall be available in the Clerk’s office in accordance with applicable law. Karen J. Carnevale, R.M.C. Municipal Clerk Joe Krakoviak, Council President Adopted: January 28, 2025 I hereby certify funds are available from Account No. John C. Ditinyak, Chief Financial Officer

46-25 AGREEMENT FOR LEGAL SERVICES – BOND COUNSEL THIS AGREEMENT made and entered into on this 28th day of January, 2025 by and between the TOWNSHIP OF WEST ORANGE, a municipal corporation of the State of New Jersey, located at Town Hall, 66 Main Street, West Orange, County of Essex and State of New Jersey, hereinafter called the “TOWNSHIP,” party of the first part, and WILENTZ, GOLDMAN & SPITZER, P.A., Attorneys at Law of the State of New Jersey, located at 90 Woodbridge Center Drive, Woodbridge, New Jersey, hereinafter referred to as “COUNSEL,” party of the second part. WITNESSETH THAT: WHEREAS, the Governing Body of the TOWNSHIP has determined that it is in the best interests of the TOWNSHIP to retain the services of COUNSEL to serve in the capacity as Bond Counsel; NOW, THEREFORE, in consideration of the mutual promises, terms and conditions hereinafter set forth, the parties hereto agree as follows: 1. The TOWNSHIP hereby retains the services of COUNSEL to serve as Bond Counsel for the period January 1, 2025 through December 31, 2025, at the rates set forth and explained in Exhibit “A,” annexed hereto. 2. COUNSEL will not seek reimbursement for its routine costs and expenses such as postage, copying, mileage, meals, parking, or delivery of documents. 3. COUNSEL’S responsibilities shall include all bond and other assigned matters. 4. COUNSEL recognizes that any and all approval for engagement of services must come from the Governing Body of the TOWNSHIP, and that no services, work or any efforts relative to the contract shall be commenced until the Governing Body adopts a duly authorized 1

Resolution accompanied by a Certificate of Funds. 5. COUNSEL recognizes that all services rendered are subject to the approval and direction of the Law Department, and that payment for such services is conditioned upon the issuance of a Purchase Order by the Township encompassing the services for which compensation is sought. 6. COUNSEL is hereby placed on notice that the Billing Guidelines of the TOWNSHIP shall apply to this agreement for professional services. COUNSEL is further noticed that no Department Head, individual member of the Governing Body, or any agent, servant or employee of the TOWNSHIP possesses any lawful authority to: (a) engage the rendition of services or the performance of work; (b) authorize the continuation of services or work beyond the amount specifically approved in the Resolution and Certificate of Funds; or to (c) represent that future funds will be available as compensation for current services. Any such acts shall be deemed ultra vires and beyond the scope of any authority that individual may possess. No bills, statement or vouchers for any amount exceeding that originally approved will be honored or paid by the TOWNSHIP, irrespective of whether such services were actually performed. 7. COUNSEL shall submit detailed invoices to the TOWNSHIP for services rendered each month, with a copy to the Township Attorney, no later than fifteen (15) days subsequent to the close of the month. All invoices submitted by COUNSEL shall set forth with specificity the tasks performed, the attorney performing the tasks, and the amount of time spent on each task. 8. During the term of this agreement, COUNSEL shall maintain professional liability malpractice insurance coverage with an insurance company licensed and authorized to do business in the State of New Jersey with coverage not less than $1,000,000. COUNSEL shall provide the Township Attorney and Municipal Clerk with proof of a valid certificate of insurance. To the extent that this insurance coverage is scheduled to lapse at any time before the end of the contract, 2

COUNSEL shall provide proof of renewal or new insurance coverage no later than thirty (30) days before the termination of the current coverage. 9. The provisions of this agreement are subject to the limitations of provisions of the New Jersey Tort Claim Act, N.J.S.A. 59:2-1 et seq., and the New Jersey Contractual Liability Act, N.J.S.A. 59:13-1 et seq. 10. This agreement shall be governed by the laws of the State of New Jersey without regard to principles of conflict of laws. All contract claims under this agreement shall be subject to and governed by the provisions of the New Jersey Contractual Liability Act (N.J.S.A. 59:13-1 et seq.) IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. TOWNSHIP OF WEST ORANGE ATTEST: By: KAREN J. CARNEVALE, R.M.C SUSAN McCARTNEY, MAYOR WILENTZ, GOLDMAN & SPITZER, P.A. WITNESS: By: 3

EXHIBIT A