Township Council Meeting — Packet

inconsistency between the Contractor’s Proposal and the RFP, the RFP shall govern as to that inconsistency over the Contractor’s Proposal. 11. This Agreement shall be construed in accordance with the laws of the State of New Jersey without regard to conflict of law principles. The parties consent to the personal and subject matter jurisdiction of the Superior Court of New Jersey, Essex County for resolution of any and all claims arising out of or in connection with this Contract. The parties waive any right to a jury as to any and all issues. IN WITNESS WHEREOF, the Township and the Corporation have executed this Agreement as of the date first written above. ATTEST: TOWNSHIP OF WEST ORANGE ______________________________ KAREN CARNEVALE, R.M.C. MUNICIPAL CLERK BY: _______________________________ SUSAN McCARTNEY MAYOR ATTEST: TAXSERV CAPITAL SERVICES NJ, LLC ______________________________ BY: ______________________________ ROGER BLAIN PRESIDENT Adopted: May 6, 2025 5 4846-2927-9694, v. 1

129-25 May 6, 2025 RESOLUTION APPROVING THE “WAIVING” OF THE CLAIMANT CERTIFICATION AS ALLOWABLE IN CERTAIN CIRCUMSTANCES PURSUANT TO N.J.A.C. 5:30-9A.6(c) AND N.J.A.C. 5:31-4.1 WHEREAS, N.J.S.A. 40A:5-16 requires that the governing body of any local unit shall not pay out any of its moneys unless: (a) The person claiming or receiving the same shall first present a detailed bill of items or demand, specifying particularly how the bill or demand is made up, with the certification of the party claiming payment that it is correct, (Claimant Certification); and (b) The payment carries a written or electronic certification of some officer or duly designated employee of the local unit having knowledge of the facts that the goods have been received by, or the services rendered the local unit, (Certification of Department Head); and WHEREAS, N.J.A.C. 5:30-9A.6(c) and N.J.A.C. 5:31-4.1 give local units discretion to not require claimant certification under certain circumstances, first where a local unit makes payment through standard EFT technologies or second, where the vendor or claimant does not provide such certification as part of its normal course of business, however the local unit shall have the discretion to require clamant certification as it deems necessary and appropriate; and WHEREAS, generally, vendors do not provide such certification as part of their normal course of business, which creates confusion and delay in the processing of claims; and WHEREAS, the claimant certification cannot be waived for the advance or reimbursement of employee expenses, or for services provided exclusively and entirely by an individual (e.g. sole proprietors). NOW, THEREFORE, BE IT RESOLVED by the Township of West Orange Council, County of Essex, New Jersey, that pursuant to N.J.A.C 5:30- 9A.6(c) and N.J.A.C. 5:30-4.1, the Township of West Orange exercises its discretion to not require claimant certifications except as required for the advance or reimbursement of employee expenses, or for services provided exclusively and entirely by an individual; and BE IT FURTHER RESOLVED that this resolution shall take effect upon its adoption for all claims paid subsequent to May 6, 2025. Karen J. Carnevale, R.M.C. Township Clerk Joe Krakoviak Council President

CERTIFICATION I, Karen Carnevale, Municipal Clerk of the Township of West Orange, do hereby certify that the foregoing Resolution was presented and duly adopted by the Township Council meeting held on Tuesday, May 6, 2025. Karen J. Carnevale, R.M.C. Township Clerk Adopted: May 6, 2025

130-25 May 6, 2025 Form SA-22 11/98 NEW JERSEY DEPARTMENT OF TRANSPORTATION DIVISION OF LOCAL AID AND ECONOMIC DEVELOPMENT RECOMMENDATION OF AWARD STATE AID PROJECT BE IT RESOLVED that the Township Council of the Township of West Orange hereby recommends to the New Jersey Department of Transportation that the contract for LTPF-23 Walker Road, South Valley Road, & Rooney Circle ______ (Name of Project) in the Township of West Orange County of Essex (Name of Municipality) be awarded to Smith Sondy Asphalt Construction Co., 150 Anderson Avenue, Wallington, NJ 07057 whose bid amounted to $1,879,473.89 subject to the approval of the Department. That the presiding officer of this body be and is hereby directed to sign for and, on its behalf, the contract in the prescribed form for said construction. That the clerk of this body be and is hereby directed to seal said contract with the corporate seal of this body and to attest to the same. Approved by the Township of West Orange on May 6, 2025. (Name of Local Government) (Date of Award) Karen J. Carnevale, R.M.C. Municipal Clerk Joe Krakoviak Council President I hereby certify funds are available from: Account No. _________________________________________ John C. Ditinyak Chief Financial Officer

131-25 May 6, 2025 RESOLUTION WHEREAS, on April 4th, 2025, Riggi Paving, Inc. completed an emergency repair at Dogwood Drive Parking Lot, Walkway and ADA Drop-Off Area at Boland Park; and WHEREAS, to protect public health and safety, an emergency repair to the parking area and access walkway was required; and WHEREAS, pursuant to the Local Public Contracts Law, Emergency Contracts, N.J.S.A. 40A:11.6a the Municipal Engineer on April 2nd, 2025 notified the Administration and Purchasing Agent of the need to perform an emergency contract for this work with an approximate estimated cost between $75,000.00 to $85,000.00; and WHEREAS, it was concluded in order to avoid any accidents to residents and visitors and prevent any tripping hazards found on the sidewalk and parking lot that could result in serious injuries; an emergency contract was issued to Riggi Paving, Inc. who was readily available to mobilize and perform the work; and WHEREAS, Riggi Paving, Inc. submitted an invoice for the emergency work for Dogwood Drive Parking Lot, Walkway and ADA Drop-Off Area at Boland Park in the amount of $81,775.00; and WHEREAS, the Municipal Engineer by letter dated April 23, 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 $81,775.00 without authorization is authorized to Riggi Paving, Inc. for emergency work to repair the Dogwood Drive Parking Lot, Walkway and ADA Drop-Off Area at Boland Park.

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, R.M.C. Municipal Clerk Joe Krakoviak Council President Adopted: May 6, 2025 I hereby certify funds are available from: _________________________________________ John C. Ditinyak Chief Financial Officer Account No. 03-2704-22-0400-090 FY 2022 Capital Account

131-25 DATE: 4/7/25 INVOICE #: 14018 FRANK RIGGI JR. ◆ 21 THIRD STREET RIDGEFIELD PARK, NJ 07660 ◆ FAX: (201) 944 – 4465 RIGGIPAVINGINC@GMAIL.COM ◆ WWW.RIGGIPAVING.COM PLEASE SEND PAYMENT TO: 21 Third Street Ridgefield Park, NJ 07660 BILL TO: Township of West Orange 25 Lakeside Ave. West Orange, NJ 07052 Attn: Jim Williams DESCRIPTION AMOUNT 1. Asphalt Pave Paver Block Area: A. Approximately 7,000 sq. ft. (Jim William’s measurements). B. Remove and dispose of existing paver block. C. Fine grade area and compact. D. Install 4” stabilize base asphalt to entire area (19.5 m64). E. Install 2” compacted 9.5 m64 surface coarse asphalt to entire area. $68,975.00 2. Asphalt Pave Walkway behind Curb: A. Approximately 1,095 sq. ft. and re-route part of path. B. Remove and dispose of existing walkway. C. Re-route part of path due to handicap space added. D. Install additional stone base to entire area and compact. E. Install 2” compacted I-5 surface coarse asphalt to entire area. $7,500.00 3. Reconfigure Handicap Area: A. Dig out soil and grade on site. B. Install 6” compacted stone base to area. C. Install 4” compacted 19m64 base asphalt to area. D. Install 2” compacted 9.5 m64 surface coarse asphalt to area. $2,900.00 4. Stripe Area as Shown. $2,400.00 NJ Sales Tax (6.625%) JOB LOCATION: Boland Park $0.00 TOTAL: $81,775.00 Thank you, we appreciate your business! PAYMENT TERMS: upon receipt A finance charge of 1.5% per month will be added on all accounts overdue 30 days. DEPOSIT: $0.00 BALANCE DUE: $81,775.00

132-25 May 6, 2025 RESOLUTION AUTHORIZING A MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWNSHIP OF WEST ORANGE AND THE COUNTY OF ESSEX WITH REGARDS TO THE INSTALLATION AND MAINTENANCE OF RECTANGULAR RAPID FLASHING BEACONS (RRFB) AT CROSSWALKS AT THE INTERSECTION OF GREGORY AVENUE AND ORANGE HEIGHTS AVENUE WITHIN THE RIGHTS OF WAY BELONGING TO THE COUNTY OF ESSEX WHEREAS, the Township of West Orange desires to improve safety for residents and students along Gregory Avenue, an Essex County Road, north of Walker Road in the vicinity of the Gregory School located at the intersection of Gregory Avenue and Walker Road; and WHEREAS, the Township of West Orange wishes to install and maintain rectangular rapid flashing beacons (RRFB) and associated curb ramps and striped crosswalk within rights of way belonging to the County of Essex along Gregory Avenue at its intersection with Orange Heights Avenue; and WHEREAS, the County of Essex requires that the Township of West Orange submit a certified copy of a resolution approved by the governing body of the Township of West Orange indicating that the Township of West Orange will Hold the County of Essex harmless from any claims or actions of law directly resulting from the installation and maintenance of said rectangular rapid flashing beacons (RRFB) and associated curb ramps and striped crosswalk. WHEREAS, Mayor Susan McCartney and her Administration support the request to install and maintain and further authorizes the Township of West Orange and its contractors to install and maintain rectangular rapid flashing beacons (RRFB) including associated curb ramps and crosswalk within rights of way all belonging to the County of Essex; WHEREAS, the Township Council of the Township of West Orange concur with and support the request. NOW, THEREFORE, BE IT RESOLVED, that the Mayor, Township and Clerk and Business Administrator or designee are hereby authorized to execute on behalf of the Township by the Township Council of the Township of West Orange, a Memorandum of Understanding with the County

of Essex for any claims directly arising from the Township of West Orange’s use of rectangular rapid flashing beacons (RRFB), curb ramps and crosswalk and rights of way all belonging to the County of Essex for the purpose of installing and maintaining rectangular rapid flashing beacons and equipment and associated curb ramp and crosswalk improvements; BE IT FURTHER RESOLVED, that copy of this resolution and executed Memorandum of Understanding with the Hold Harmless and Indemnification Provision shall be filed with the Municipal Clerk’s Office and submit a certified copy of this Resolution to the Essex County Engineer and Public Works Director, Sanjeev Varghese. Karen J. Carnevale, R.M.C. Municpal Clerk Joe Krakoviak Council President I, Karen J. Carnevale, Municipal Clerk of the Township of West Orange, do hereby certify this document to be true copy of the original which is on file in my office. _____________________________________ Karen J. Carnevale, R.M.C. Municipal Clerk Adopted: May 6, 2025

132-25 May 6, 2025 MEMORANDUM OF UNDERSTANDING POSTING OF TOWNSHIP EQUIPMENT ON COUNTY PROPERTY AND RIGHTS OF WAY Thi s Memorandum of Understanding b e t w e e n the T O W N S H I P O F WEST ORANGE, a munic i p a l corporation of the State of New Jersey ( hereafter "Township "), located at 66 Main Street, West Orange, New Jersey 07052, the Township's Department of Public Works, and the directors, officers, empl oyees and agents of each, and the COUNTY OF ESSEX (hereafter "County"), l ocated at 465 Dr. Martin Luther K i ng, Jr., Boul evard, Newark, New Jersey 07 1 02, contains the entire understanding of the parties as foll ows: WHEREAS, the Township's Department of Public Works, intends to promote p u b li c safety for residents and students along Gregory Avenue; and WHEREAS, in order t o a d d r e s s public safety concerns, the T o w n s h i p a n d the County propose t o engage i n a joint initiative w hereby t h e Town ship's Department of Public Works may install and maintain rectangular rapid flashing beacons (RRFB) and within rig hts of way al l belong in g to the Co unty. The improvements will include associated curb ramps and striping of a crosswalk across Gregory Avenue. NOW THEREFORE, in consideration of the mutual covena nts a nd conditions contained he rein , the parties hereto do agree as follows: SECTION I TERM The i n i t i a t i v e s h a l l b e c o m e effec tive u p o n exec uti on b y the Township 's Mayor a n d Director of Public Works and s h a l l c o n t i n u e u n t i l e ither s i d e t e r m i n a t e s this M e m o r a n d u m of A g r e e m e n t u n d e r t h e provi sions of Section I V bel ow. SECTION II DUTIES The installation, operation, maintenance, and removal (if n e c e s s a r y ) of the Township’s rectangular rapid flashing beacons (RRFB) and equipment on the County’s property shall be the exclusive duty and responsibility of the Town ship, its e lected officials, d e p a r t m e n t h e a d s , officers, age nts, servants and employees. At all times d u r i n g t h e l i f e of t h i s M e m o r a n d u m shall the rectangular rapid flashing beacons (RRFB) and equipment remain the property o f the Township. The duty of the Co unty shall 1