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Packet · May 6, 2025

Township Council Meeting — Packet

Preserved file SHA-25687663901327ebaaaf6246e00d7581d4eca5deb3609fc0fb6923601f64c174685

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Crosswalk Analysis Gregory Avenue & Orange Heights Avenue Project No.: 240344 March 21, 2025 Page 6 of 6 PREFERRED ALTERNATIVE BVE recommends that the Township & County adopt Option A for design and construction at Gregory Avenue & Orange Heights Avenue. The implementation of the crosswalk is estimated at $20,000. A conceptual level sketch of Option A are attached for the Township’s consideration. Should you have any questions or require additional information please do not hesitate to contact this office at (732) 236-7557. Sincerely, Bright View Engineering John Jahr, P.T.P., T.S.O.S. Principal Joseph A. Fishinger, Jr., PE, PP, PTOE Director of Traffic Engineering NJ P.E. License #46314 Enclosures Gregory Avenue Crosswalk Concept Plans JAF/AM Https://bvengr.sharepoint.com/sites/bvengr/proj/240344-WOT-GregoryAve/7-Reports-Analysis/Gregory Avenue Crosswalk .docxs 70 South Orange Avenue, Suite 109 Livingston, New Jersey 07039 C: (732) 236-7557 T: (973) 228-0999 F: (201) 753-3904 BrightViewEngineering.com PO Box 99 Roseland, NJ 07068

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Crosswalk at Intersection Gregory Avenue and Orange Heights Avenue in West Orange. Installation of Rectangular Rapid Flashing Beacons (RRFB), Crosswalk and Curb Ramps May 2025 - December 2025 Susan McCartney, Mayor Susan McCartney

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133-25 May 6, 2025 RESOLUTION RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF WEST ORANGE, COUNTY OF ESSEX, STATE OF NEW JERSEY AUTHORIZING THE MAYOR AND CLERK TO EXECUTE A FEDERAL AID AGREEMENT WITH THE NJDOT WHEREAS, the Federal Highway Administration (FHWA) authorized funding up to an amount of $155,437.29 for Preliminary Engineering Activities for the Washington Street Corridor Improvement Project (Phase II) from High Street to the limits with the City of Orange; and WHEREAS, this authorization was based on the scope of work and budget agreed upon by the Township of West Orange and the NJDOT Division of Local Aid; and WHEREAS, the scope of work in this authorization includes Preliminary Engineering (PE) Activities, and Final Design Activities will be authorized once PE activities have been completed; and WHEREAS, it is necessary for the Township to enter a design contract between the Township of West Orange and Greenman-Pedersen, Inc. for the Preliminary Engineering (PE) Activities for Phase II of the Washington Street Corridor Improvement Project; and WHEREAS, work cannot begin until this funding agreement is executed by the NJDOT. NOW THEREFORE BE IT RESOLVED, by the Township Council of the Township of West Orange that the Mayor and Clerk are authorized to execute the attached Federal Aid agreement. BE IT FURTHER RESOLVED that the Clerk is hereby directed to return three (3) original signed and sealed copies of the attached agreement along with three (3) original signed/sealed Resolutions for execution by the Department of Transportation. BE IT FURTHER RESOLVED that the NJDOT will receive an initial billing (payment voucher) from the Township for the design project no later than 3 months after the NJDOT has concurred in the award of the construction contract, and will receive subsequent billings in accordance with the terms of the agreement. Attest and Affix Seal: Karen Carnevale, R.M.C. Municipal Clerk Adopted: May 6, 2025 Joe Krakoviak Council President

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133-25 New Jersey Department of Transportation Division of Local Aid and Economic Development Federal Aid Cost Reimbursement Agreement October 2024 FEDERAL AID AGREEMENT Agreement No.: 2025-DT-DLA-511 Contract ID: Local Public Agency (LPA)/Subrecipient: West Orange Township CFDA Name and Number: Highway Planning and Construction 20.205 LPA Unique Entity Identifier Number: QK38C6DQMQ45 Contact Name and Phone Number: Mahmood Khandakar (609) 963-1998 Project: Washington Street Corridor Improvement Project Phase II Municipality: West Orange Township County: Essex This Cost Reimbursement Agreement (“Agreement”) is made as of the day of , by and between the Township of West Orange , having its offices at 25 Lakeside Avenue West Orange , NJ 07052 (“Subrecipient” or “Local Public Agency” (‘LPA’)) and the New Jersey Department of Transportation, having its offices at 1035 Parkway Avenue, Trenton, NJ 08625 (“State” or “NJDOT”); WITNESSETH WHEREAS, the Congress of the United States has enacted various Transportation Authorization Bills to provide federal funding for transportation programs (“federal-aid funds”). These transportation programs including, but are not limited to, the National Highway Performance Program (“NHPP”), the Surface Transportation Program (“STP”), the Congestion Mitigation and Air Quality Improvement Program (“CMAQ”), the Transportation Alternatives Program (“TA”), the Highway Safety Improvement Program (“HSIP”), the Safe Routes to School Program, and the Emergency Relief Program; and WHEREAS, the Legislature of the State of New Jersey has enacted legislation by which certain federal-aid funds may be made available for use on local transportation related projects of public entities qualified to act as Subrecipients of these federal-aid funds in accordance with the intent of federal law; and WHEREAS, before federal-aid funds will be made available for a specific program project, the Subrecipient and State are required to enter into an agreement to establish terms and conditions applicable to the Subrecipient when receiving federal-aid funds for a designated project facility and to the subsequent operation and maintenance of that completed facility. WHEREAS, the Subrecipient proposes to be the Sponsor LPA of a project eligible for funding (the “Project”) pursuant to the terms and conditions of this Agreement; and WHEREAS, the Project may

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acility. WHEREAS, the Subrecipient proposes to be the Sponsor LPA of a project eligible for funding (the “Project”) pursuant to the terms and conditions of this Agreement; and WHEREAS, the Project may be included in the Metropolitan Planning Organization's Transportation Improvement Program and the State Transportation Improvement Program; and 1

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October 2024 New Jersey Department of Transportation Division of Local Aid and Economic Development Federal Aid Cost Reimbursement Agreement WHEREAS, the State may award Subrecipient funds to finance the Project ("Project Fund") pursuant to the applicable federal and state law; and WHEREAS, Subrecipient and the State desire to specify the conditions applicable to the financing of the costs of the Project (“Project Costs”) out of the Project Fund and the obligations of the Subrecipient and the State with respect to the Project; and NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, and pursuant to all federal, state, and local laws and ordinances, the Subrecipient and the State hereby agree as follows: 1. Definitions As used in this Agreement, the following terms are defined in the manner indicated below: 1.1 Local Public Agency (“LPA”): The contracting agency that is the subrecipient of Federalaid funds administered through the NJDOT. 1.2 FHWA: Federal Highway Administration. 1.3 USDOT: United States Department of Transportation 1.4 Useful Life of the Project: the period of time assigned to the project for purposes of determining a repayment schedule or reimbursement in the event of default. 1.5 Responsible Charge: A full time public employee of the Subrecipient, who is not a consultant, and is responsible for the Project. 1.6 Construction Engineering: construction related design services including review of contractor’s working drawings, responding to contractor questions regarding design, and reviewing design changes. 1.7 Construction Inspection: Subrecipient is responsible for ensuring that the project is being inspected on a full time basis throughout construction of the project. Federally funded construction projects must be built and inspected in accordance to the pertinent federal and state requirements and contract documents. 1.8 Standard Specifications: the NJDOT Standard Specifications for Road and Bridge Construction, including all Baseline Document Change (“BDC”) Announcements. The Standard Specifications are incorporated into this Agreement by reference. The Subrecipient shall follow, and cause and ensure all contractors and consultants follow, all applicable provisions of the Standard Specifications. 1.9 Period of Performance: the period of time during which the Subrecipient is to complete

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nd ensure all contractors and consultants follow, all applicable provisions of the Standard Specifications. 1.9 Period of Performance: the period of time during which the Subrecipient is to complete the activities described herein and to incur and expend approved funds. 2. Description of Project – Scope of Work A detailed Project description is included in the Project Scope of Work and a detailed Cost Estimate are attached to this Agreement. 2

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October 2024 New Jersey Department of Transportation Division of Local Aid and Economic Development Federal Aid Cost Reimbursement Agreement 3. Agreement Contract Terms 3.1 The State hereby awards a grant of federal-aid funds, available on a reimbursement basis, in the amount of $ 155,437.29 for the period of performance (“Project Fund”). Neither the State, FHWA, nor USDOT shall provide funding greater than this amount under this Agreement. The Subrecipient acknowledges that neither the State, FHWA nor USDOT are liable for payments that exceed this amount. 3.2 The Period of Performance for this award begins on the date of this Agreement and shall continue in effect until the Project is completed and all payment vouchers have been paid subject to Section 7 of this Agreement or until, based on inactivity as defined in Section 7.5.2 of this Agreement. The Project shall be completed by 08/31/2028 , unless either terminated or extended by written authorization of the State. The Subrecipient shall not charge to the Project Fund costs that are incurred prior to and/or after the Period of Performance unless prior written consent is received from the State and the FHWA. Once the Period of Performance has concluded all obligations of the State, USDOT, and FHWA are terminated under this Agreement. 3.3 Subject to the following, this Agreement may be terminated by either party upon thirty (30) days written notice to the other party. 3.3.1 The State may, in its sole discretion, terminate this Agreement for cause and all of its obligations under this Agreement if any of the following occurs: 3.3.1.1 The Subrecipient fails to begin expenditure of award funds; 3.3.1.2 The Subrecipient fails to meet the conditions and obligations specified under this Agreement, including a material failure to comply with the Period of Performance in Section 3.2 of this Agreement even if it is beyond the reasonable control of the Subrecipient. 3.3.1.3 The State, USDOT, or FHWA, may terminate this Agreement for convenience if, in their sole discretion, they determine that termination of this Agreement is in the public interest. Costs incurred by the Subrecipient as a result of a termination for convenience by the State or FHWA may be included in the Subrecipient's claim for compensation. 3.3.1.4 The Subrecipient abandons the Project during any phase (planning, design, construction,

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ation for convenience by the State or FHWA may be included in the Subrecipient's claim for compensation. 3.3.1.4 The Subrecipient abandons the Project during any phase (planning, design, construction, etc.). The State may demand the return of all funds or the remaining funds, at its own discretion. 3.4 3.3.2 In the event the Subrecipient terminates the Agreement, the State in its discretion will determine compensation, if any, to be paid. 3.3.3 This Agreement terminates on Project Closeout. Fund Liquidation, Adjustment, and Cancellation. 3

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October 2024 New Jersey Department of Transportation Division of Local Aid and Economic Development Federal Aid Cost Reimbursement Agreement 3.4.1 The Subrecipient shall liquidate all obligations under this award not later than 90 days after the Period of Performance that is listed in Section 3.2 of this Agreement. 3.4.2 Liquidation and adjustment of funds under this Agreement follow the requirements of 2 C.F.R. §§ 200.343–.345. 3.5 The Project shall not be sold, assigned or ownership transferred without the consent of the State. In the event the Project is sold to a non-public entity for a non-public use or any use inconsistent with the terms of this Agreement, this Agreement shall be deemed terminated and the State shall be reimbursed for all money paid. 3.6 The Subrecipient shall not proceed with any work on the Project (“Project Work”) for which reimbursement shall be sought without the specific written authorization of the State. It is agreed that any and all Project Costs incurred by the Subrecipient prior to the execution of this Agreement by all parties shall be non-participating by the NJDOT and the FHWA except as provided in Section 3.3 of this Agreement. 3.7 Subrecipient will ensure that Project Work will comply with all applicable laws and other requirements of federal, state and local governmental bodies including but not limited to the Standard Specifications. 3.8 Subrecipient shall solicit proposals for all Project Work in accordance with the Brooks Act of 1972 (40 U.S.C. Ch. 11), 2 C.F.R. §§ 200.317-.327, and all applicable federal and state laws, rules and regulations. All contracts entered into under this Agreement must contain the applicable provisions described in 2 C.F.R. Part 200, App. II—Contract Provisions for non–Federal Entity Contracts under Federal Awards. All design solicitations and construction bid solicitations by the Subrecipient must include the following language: "Proposals are being solicited through a fair and open process in accordance with N.J.S.A. 19:44A-20.3 et seq., and as such, contractors are exempt from the limitations on making political contributions under that law. Further, for that reason, as well as because of language in New Jersey's Annual Appropriations Act, refusal to disclose campaign contributions otherwise required by N.J.S.A. 19:44A-20.3 et seq. and N.J.S.A 19:44A20.25 et seq., will not

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