Township Council Meeting — Packet

DEED OF TEMPORARY EASEMENT AND TEMPORARY EASEMENT AGREEMENT This Deed of Temporary Easement and Temporary Easement Agreement made effective as of May ____, 2025 BY AND BETWEEN WEST ORANGE SENIOR HOUSING URBAN RENEWAL LLC with an office at 60 Bergen Avenue, Teaneck N.J. hereinafter referred to as "GRANTOR," and THE TOWNSHIP OF WEST ORANGE, a municipal corporation of the State of New Jersey, having offices located at 66 Main Street, in the Township of West Orange, County of Essex, and State of New Jersey, hereinafter referred to as the "GRANTEE” or the “TOWNSHIP.” WITNESSETH WHEREAS the Grantor is the sole owner of Tax Block 68, Lot 1.01 on the official Tax Map of the Township of West Orange, County of Essex, State and New Jersey, also known as 46 Mount Pleasant Avenue, West Orange, New Jersey (hereinafter the “PREMISES”), and WHEREAS the GRANTEE has determined that in order to install electric vehicle charging bays at the PREMISES, an easement is needed to conduct the installation on the PREMISES; and WHEREAS, the GRANTOR is willing to grant to the GRANTEE and the GRANTEE is willing to accept a temporary construction easement including a temporary construction access over a portion of said premises to allow the Township and/or its’ contractor to install approximately sixteen (16) feet of conduits and cables running beneath PREMISES as described in Exhibit “A;” and WHEREAS, said Temporary Easement shall include the right to mobilize, excavate, utilize the area for staging, install the necessary conduits for the purposes of installing electric vehicle charging stations including but is not limited to backfill, and restoration of premises on the GRANTOR’s property; and The GRANTOR hereby covenants with the GRANTEE that: a. The GRANTOR has good and lawful right to convey the temporary easement reference herein. b. The temporary easement is free and clear from encumbrances of record that might interfere with the scope of work reference herein. c. GRANTEE will provide GRANTOR at least 48 hours’ notice prior to the commence of the installation of the electric vehicle charging bays. d. GRANTEE agrees that if any disturbance or damage is caused to the subject property as a result of the GRANTEE’S exercise of the rights and privileges afforded to it under this instrument, the GRANTEE shall restore the affected area as near as practicable to its original condition to

as a result of the GRANTEE’S exercise of the rights and privileges afforded to it under this instrument, the GRANTEE shall restore the affected area as near as practicable to its original condition to the reasonable satisfaction of GRANTOR. e. GRANTOR agrees, acknowledges, and affirms that the temporary easement hereunder granted shall be binding upon its successors and assigns.

NOW THEREFORE, in consideration of the sum of One ($1.00) Dollars and other good and valuable consideration paid to the GRANTOR by the GRANTEE, GRANTOR does hereby grant unto the GRANTEE, their heirs, successors and assigns a Temporary Construction Easement to install the necessary conduit for the installation of the electric vehicle charging stations on the Premises in the EASEMENT AREA to be prescribed by the survey to be provided by the GRANTEE to the GRANTOR. In the event the GRANTEE or any of its duly authorized agents causes or inflicts any damage upon the GRANTOR’s property while exercising the rights granted pursuant to this deed of temporary easement, the property shall be restored by the GRANTEE to the condition in which it had existed prior to said maintenance and/or repair work to the reasonable satisfaction of GRANTOR. This easement is temporary and will expire and terminate on December 31, 2025 unless the parties agree, in writing, to extend the term of the easement rights granted by this document. This easement contains the right to enter upon and pass along the EASEMENT AREA equipment, personnel and materials to install, inspect, operate or to rebuild, redesign, replace, repair, remove and maintain, the underground utility structures that are within the EASEMENT AREA. The GRANTEE will coordinate access to the EASEMENT AREA through the GRANTOR’S representative listed below: Joseph Alpert The Alpert Group LLC 60 Bergen Avenue Teaneck, New Jersey GRANTEE shall defend, indemnify and hold harmless GRANTOR against, and shall save GRANTOR harmless from, and shall reimburse GRANTOR with respect to, any and all claims, demands, actions, causes of action, injuries, orders, losses, liabilities (statutory or otherwise), obligations, damages, fines, penalties, costs and expenses (including without limitation, reasonable attorneys’ fees and expenses) incurred by, imposed upon or asserted against GRANTOR by reason of any accident, injury (including death at any time resulting therefrom) or damage to any person or property arising out of this Temporary Easement Agreement and resulting from the negligence or intentional acts of GRANTEE or by any employee, licensee, invitee or agent of GRANTEE. This Temporary Easement Agreement may not be orally cancelled, changed, modified or amended and no cancellation, change, modification or amendment shall be effective

nsee, invitee or agent of GRANTEE. This Temporary Easement Agreement may not be orally cancelled, changed, modified or amended and no cancellation, change, modification or amendment shall be effective unless in writing and signed by each of the parties hereto. This Temporary Easement Agreement shall be governed by and construed in accordance with the substantive laws of the State of New Jersey without regard to conflict of laws principles. This Temporary Easement Agreement may be executed in one or more counterparts, each of which when so executed and delivered shall be deemed to be an original instrument and all of which together shall constitute one and the same instrument. This Temporary Easement Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof

IN WITNESS WHEREOF, the parties have hereunder affixed their hands and seals the day and year first above written. WEST ORANGE SENIOR HOUSING URBAN RENEWAL LLC By: ______________________________ Joseph Alpert, Managing Member TOWNSHIP OF WEST ORANGE By: ______________________________ Susan McCartney, Mayor ATTESTED: ______________________________ Karen Carnevale, R.M.C Township Clerk

147-25 May 20, 2025 RESOLUTION WHEREAS, the Township of West Orange proposes Land Surveying, Professional Civil Engineering, and Construction Administration Services and for the Degnan Park New Community Garden and Exercise Area; and WHEREAS, for the Degnan Park New Community Garden and Exercise Area, the Township requires the services of a professional civil engineering and land surveying firm; and WHEREAS, the Township Engineer prepared a Request for Proposals dated May 2, 2025 for these professional services; and WHEREAS, the Township Engineer solicited a proposal from six professional civil engineering and land surveying firms; and WHEREAS, Neglia Engineering Associates (Neglia), responded to the Request for Proposal; and WHEREAS, Neglia has performed similar work for the Township on several projects; and WHEREAS, by letter dated May 13, 2025, the Township Engineer recommended a professional services contract be awarded to Neglia Engineering Associates 34 Park Avenue P.O. Box 426 Lyndhurst, N.J. 07071, for Professional Land Surveying, Civil Engineering, and Construction Administration Services associated with the Degnan Park New Community Garden and Exercise Area; and WHEREAS, sufficient funds exist for the services outlined in the proposal of Neglia; and WHEREAS, the Township Council concurs in the foregoing.

NOW THEREFORE BE IT RESOLVED by the Township Council of the Township of West Orange, New Jersey that a professional services contract be awarded to Neglia, to provide professional Land Surveying, Civil Engineering, and Construction Administration Services for the Degnan Park New Community Garden and Exercise Area; in the amount not to exceed $57,700.00. BE IT FURTHER RESOLVED that a copy of this Resolution be published in the West Orange Chronicle within ten (10) days of its approval as required by State Statute. Karen Carnevale, R.M.C. Municipal Clerk Joe Krakoviak Council President Adopted: May 20, 2025 I hereby certify funds are available from: _____________________________________ John Ditinyak, Chief Financial Officer ACCOUNT NO. Capital Budget $57,700.00

TOWNSHIP OF WEST ORANGE 25 Lakeside Avenue, West Orange, New Jersey 07052 DEPARTMENT OF ENGINEERING SUSAN McCARTNEY MAYOR ZAYIBETH CARBALLO Director/Municipal Engineer Tel: (973) 325-4160 Email: zcarballo@westorange.org May 2, 2025 Andrew Cangiano Greenman-Pedersen, Inc. 301 Gibraltar Drive, Suite 2A Morris Plains, NJ, 07950 RE: REQUEST FOR PROPOSAL AT DEGNAN PARK FOR: NEW COMMUNITY GARDEN AND EXERCISE AREA Dear Mr. C angi ano , The Department of Engineering for the Township of West Orange requests proposals from firms providing both Civil Engineering and Land Surveying Services, which are capable of preparing the necessary improvement plans, specifications and bid documents for improvements for the Community Garden and future seniors exercise equipment at Degnan Park. The Township intends to improve the existing community garden by utilizing NJDEP Permit by Rules to expedite the design and permitting process. The Township also intends to use the space between the baseball field and the parking lot to accommodate low-impact exercise equipment for the community, specifically for senior residents. The following professional services are required for the proposed recreational improvements: 1. Land Surveying Services: A. Boundary and Topographic Survey including additional topography of the Katz Community Center, the community garden, parking lot, and area between the parking lot and baseball field; B. Establish horizontal control and vertical control in accordance with current New Jersey State Plane Coordinate System (NJSPCS) C. Benchmark(s) to be set on site for future use; D. Existing conditions/Survey Control plan; E. Coordinate utility mark-outs; As part of the deliverables, an electronic AutoCAD file of the Boundary and Topographic Survey is to be provided to the Department of Engineering. AN EQUAL OPPORTUNITY EMPLOYER www.westorange.org

2. Civil Engineering Services: A. Develop three (3) color renderings; B. Stormwater management and site drainage improvements for a minor development (400 SF or greater of new impervious) as necessary; C. Design for new community garden including considerations for water at various locations; D. Design considerations for the feasibility of a walkway between the garden and exercise equipment that is ADA compliant; E. Prepare construction details for the community garden and exercise area; F. Plan Set to include but not limited to Cover Sheet, Existing Conditions/Survey Control Plan, Demolition Plan, Construction Plan, Grading and Utility Plan, Soil Erosion and Sediment Control Plan and Details, and Construction Details; G. Township intends to improve the community garden by utilizing NJDEP Permit by Rule(s) to expedite the design and permitting process. Permitting coordination with State, Local and Municipal agencies as required for all proposed site improvements; H. Include four (4) meetings with the Township Officials for Kickoff, Preliminary Design, Public Presentation and Final Design; I. Bid Package that includes bid set of plans and construction specifications in accordance with public bidding laws; J. Bidding documents (plans and specifications) are to be part of the deliverables to the Township via AutoCAD, hard copy, and PDF files. 3. Construction Administration Services: Provide separate lump sum cost for construction administration services based on full-time inspection. Tax map with Park site delineated, Boundary and Topographic Survey and Exhibit showing project area and proposed improvements is enclosed. The cost of services shall be for a complete design and bid package including cost estimates, plans, specifications and bid documents (twenty copies) for bidding purposes including detour plans. All plan specifications and bid documents shall be in conformance with the latest New Jersey Department of Transportation specifications. Proposals shall be on a lump sum basis. Hourly rates shall be submitted with all proposals for any additional work. It is the intent of this office to advertise for bids by Spring 2026 with construction in Summer and Fall 2026. Proposals shall be submitted in writing via email on or before 10:00 A.M. Monday, May 12, 2025 and shall include a specified completion date or number of days required for completion of the work

2026. Proposals shall be submitted in writing via email on or before 10:00 A.M. Monday, May 12, 2025 and shall include a specified completion date or number of days required for completion of the work after approval is granted to proceed. Also, evidence of proper insurance shall be submitted for approval by the Township Attorney. AN EQUAL OPPORTUNITY EMPLOYER www.westorange.org