Township Council Meeting — Packet

172-25 July 22, 2025 RESOLUTION WHEREAS, Diana Powell McGovern, Esq. (“McGovern”) of Gaccione Pomaco P.C., responded to the Township’s Request for Qualifications pursuant to a fair and open process for the year 2025 for the position of Planning Board Attorney; and WHEREAS, McGovern and her law firm have 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 Planning Board has adopted a Resolution approving the retention of McGovern and her firm as Planning Board Attorney; 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; and WHEREAS, the not to exceed amount herein does not include escrow payments which are paid by applicants pursuant to the Municipal Land Use Law and Township Ordinances; and WHEREAS, for calendar date 2024, McGovern and her firm were paid $18,348.50 for escrow work and $14,303.46 for non-escrow work; and WHEREAS, for calendar year 2025 to date, McGovern and her firm have been paid $3,853.82 for non-escrow and $7,234.50 for escrow matters through June 9, 2025;1 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 1 These amounts are in addition to the monthly appearance payment of $583.33 per month or $7,000 per year which is non-escrow.

annexed hereto, to retain McGovern to provide services as Planning Board Attorney at the rates set forth in the agreement annexed hereto as Exhibit “A”; and it is further RESOLVED that for calendar 2025 the non-escrow fees and expenses shall not exceed (“NTE”) $50,000.00; and it is further RESOLVED that notice of this award shall be published and available in the Clerk’s office in accordance with applicable law. Karen J. Carnevale, R.M.C. Township Clerk Joe Krakoviak Council President Adopted: July 22, 205 I hereby certify funds are available from: Account No. John Ditinyak, Chief Financial Officer 4849-8140-3110, v. 1

172-25 AGREEMENT FOR PLANNING BOARD LEGAL SERVICES THIS AGREEMENT made and entered into on this July, 2025 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 DIANA POWELL McGOVERN, ESQ., Attorney at Law of the State of New Jersey, and her law firm GACCIONE POMACO, P.C., One Boland Drive, Suite 102, West Orange, New Jersey 07052, hereinafter referred to as “COUNSEL,” party of the second part, WITNESSETH THAT: WHEREAS, the Planning Board, pursuant to N.J.S.A. 40:55D-71, and the Governing Body of the TOWNSHIP have determined that it is in the best interests of the Planning Board and the TOWNSHIP to retain the services of COUNSEL to setve in the capacity as Planting Board Attomey; 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 Plauning Board Attorney for the period January 1, 2025 through December 31, 2025. 2. The rate for attendance at special meetings requested by an applicant is $750 per meeting. Any preparatory or post-meeting services including but not limited to drafting the Board resolution shall be charged at $195 per hour. These services shall be paid from the escrow established by the applicant.

3, The annual rate for attendance at all regular meetings and services related to the regular meetings is $7,000 per year. This shal! only apply to non-escrow time spent during the meeting and all required preparation and post-meeting work related thereto. 4, The maximum amount for non-escrow services shall not exceed (“NTE”) $50,000 for calendar year 2025. The hourly rate for all litigation related to decisions of the Planning Boatd is $195 which shall be paid by the Township. 5. COUNSEL may seek reimbursement for extraordinary expenses such as the cost of deposing adverse witnesses, transcripts or hiring experts. Counsel will not incur any such expenses without the express written approval of the applicable TOWNSHIP Department Head before the extraordinary expense is incurred, 6. COUNSEL’S responsibilities shall include preparation for and attendance at all Planning Board meetings, drafting all resolutions, and all Planning Board related matters. 7. 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 offorts relative to the contract shall be commenced until the Governing Body adopts a duly authorized Resolution accompanied by a Certificate of Funds beyond the service contemplated herein. The TOWNSHIP shall not unreasonably withhold or delay its prompt approval for the payment of services rendered in this engagement. &. 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. The TOWNSHIP shall not unreasonably withhold or delay the prompt approval and payment to COUNSEL for services rendered and the issuance of the requisite 4833-2013-3789, v. 1

purchase orders for same. All payments shall be made by the TOWNSHIP within sixty (60) days of receipt of invoices from COUNSEL unless a legitimate discrepancy exists as to whether the services billed were authorized. 9. COUNSEL is hereby placed on notice that the Billing Guidelines of the TOWNSHIP shall apply where applicable 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. Nothing contained hetein shall preclude the Planning Board from requesting services of COUNSEL which services, if reasonably requested and performed, shall be paid in accordance herewith, subject to the not to exceed amount set forth herein unless extended hereinafter. 10. COUNSEL shall submit detailed invoices to the TOWNSHIP for services rendered each month, with a copy to the Township Attomey, no later than thirly (30) days subsequent to the close of the month. Alf invoices submitted by COUNSEL shail set forth with specificity the tasks performed, the attorney performing the tasks, and the amount of time spent on each task. 4833-2913-3799, v. 1

11. 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 listing the TOWNSHIP as a certificate holder. To the extent that this insurance coverage is scheduled to Japse at any time before the end of the contract, COUNSEL shall provide proof of yenewal or new insurance coverage.no later than thirty (30) days before the termination of the curtent coverage. 12, 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 seg., and the New Jersey Contractual Liability Act, NLS.A. 59:13-1 ef seg. 13. This agreement shall be govemed 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.LS.A, 59:13-1 et seq. 14. The BOARD or COUNSEL may terminate this Agreement on thirty (30) days written notice, 15. COUNSEL reserves the right to utilize any other Jand use experienced attorney at the Gaccione firm to fulfill any of the services contemplated hereunder on the same terms set forth herein. 4833.2013-3798, v. t

IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. TOWNSHOP OF WEST ORANGE ATTEST: By; KAREN J. CARNEVALE, R.M.C SUSAN McCARTNEY, MAYOR GACCIONE POMACO P.C. | WITNESS: : | Pyubal Us abe wr fuanaelile DIANA POWELL McGOVERN, ESQ. 4833-2913-3799, v.1

173-25 July 22, 2025 RESOLUTION WHEREAS, by Resolution No. 253-24 dated September 10, 2024, the Township Council awarded the Contract Fire Station No. 4 Site Improvements Project to Crossroads Paving Corporation, 386 South St Suite 169, Newark, NJ, 07105, in the amount of $243,457.00; and WHEREAS, the work under this contract included street improvements consisting predominantly of hot mix asphalt pavement milling and resurfacing, curb replacement, sidewalk replacement, driveway aprons, and striping; and WHEREAS, by letter dated June 8, 2025, the Municipal Engineer recommends approval of the Final Accounting of As Built Quantities for this project in the amount of $7,653.64 or a 3.14 percent increase over the previously authorized amount; and WHEREAS, the increase is due to electrical and fence removal and replacement work that was not specified in the contract; and WHEREAS, sufficient funds exist for this additional 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 the Final Accounting of As-Built Quantities for the project Fire Station No.4 Site Improvements Project with Crossroads Paving Corp., 386 South St, Suite 169, Newark, NJ, 071051 in the amount not to exceed $7,653.64 or a 3.14 percent increase in the contract amount through additional AsBuilt quantities is hereby approved bringing the final adjusted contract amount to $251,110.64. BE IT FURTHER RESOLVED that the Municipal Engineer is authorized to execute the Change Order on behalf of the Township of West Orange. Karen J. Carnevale, RMC Township Clerk Joseph Krakoviak, Council President Adopted: July 22, 2025 I hereby certify funds are available from Account No.: John C. Ditinyak, Chief Financial Officer 2022 Capital Budget Account #03-2704-22-0200-050 $7,653.64

TOWNSHIP OF WEST ORANGE TOWNSHIP HALL 66 MAIN STREET WEST ORANGE, NEW JERSEY 07052 VOUCHER MUST BE RETURNED FOR PAYMENT Ship to: 66 MAIN STREET WEST ORANGE, NJ 07052 PURCHASE ORDER Vendor: ADG CONTRACTING CORP WEST ORANGE CROSSROADS PAVING NEW JERSEY 07052 386 SOUTH ST FOB DESTINATION FREIGHT PREPAID & CHARGED BACK STE 169 NEWARK, Nj 07105. Account Various _- seebelow —---- Vendor Code 1005893 DateofOrder 09/12/2024 Requisition# ‘Quantity Unit Des mof Materials or Servi Unit Price= Extended 1.000 RESOLUTION 253-24 FIRE STATION 4 IMPROVEMENTS 83,100.00 83,100.00 1.000 RESOLUTION 253-24 FIRE STATION 4 IMPROVEMENTS 125,000.00 125,000.00 7.000 RESOLUTION 253-24 FIRE STATION 4 IMPROVEMENTS 35,357.00 35,357.00 83,100,00 03-2814-23-0400-050 125,000.00 03-2830-23-0500-020 35,357.00 03-2830-23-0200-030 Purchase Order Total: 243,457.00 THIS ORDER IS TAX EXEMPT PER NJSA 54:32B-9(a)(1) TAX EXEMPT ID NO, 22-6002396 Manditory Prevailing Wage Policy P.L. 2007,¢.68 for all Public Works Contractors and Sub-Contractors ( Proof of Business Registration Certificate is Mandatory. P.L. 2004 57.Pursuant to NJSA 2A:30A2 the TWO has an ADR policy. } CLAIMANT'S CERTIFICATION OFFICER'S OR EMPLOYEE'S CERTIFICATION VOUCHER MUST BE SUBMITTED TO THE 11D SOLEMNLY DECLARE AND CERTIFY UNDER THE PENALTIES (OF THE LAW THAT THE WITHIN BILL IS CORRECT IN ALL ITS PARTICULARS; THAT THE ARTICLES HAVE BEEN FURNISHED OR SERVICES RENDERED ASSTATED THEREIN; THAT NO BONUS HAS BEEN GIVEN OR RECEIVED BY ANY PERSON OR PERSONS. WITH THE KNOWLEDG# OF THIS CLAIMANTIN CONNECTION WITH THE ABOVE CLAIM; THAT THE AMOUNT THERINSTATED IS SUSTLY DUE AND OWING; AND THAT THE AMOUNT CHARGEDIS A REASONABLE ONE. (X) VENDOR SIGN HERE HAVING KNOWLEDGE OF THE FACTS IN THE COURSE OF REGULAR PROCEDURES, | CERTIFY THAT THE MATERIALS AND SUPPLIES HAVE BEEN RECIEVED OR THE SERVICES RENDERED; SAID CERTIFICATION IS BASED ON DELIVERY SLIPS ACKNOWLEDGED BY A MUNICIPAL OFFICIAL OR EMPLOYEE OR OTHER REASONABL2 PROCEDURES. TOWNSHIP TREASURER ON OR BEFORE THE 1ST DAY OF THE MONTH FOR PAYMENT. DEPARTMENT HEAD DEPARTMENT ORDERED BY CERTIFICATION OF FUNDS AVAILABLITY -OFFICIAL-POSITION. .- —-..-. DATE. — SIGN AND RETURN ONLY THIS ORIGINAL FOR PAYMENT CHIEF FINANCIAL OFFICER PURCHASE ORDER APPROVED - PURCHASING AGENT WS

253-24 September 10, 2024 RESOLUTION WHEREAS, the Township of West Orange has advertised for bids, pursuant to the New Jersey Local Public Contracts Law (N.J.S.A 40A: 11-1) for Fire Station #4 Site Improvements; and WHEREAS, the Township Council of the Township of West Orange has considered said bids and has further considered the recommendation of the Municipal Engineer as to the award of said bid; and WHEREAS, on Tuesday, July 23, 2024, the Township received seven bids in response to the bid specifications; and WHEREAS, the Municipal Engincer and Township’s Qualified Purchasing Agent, have reviewed the bids and recommend that the award of contract be made to Crossroads Paving Corporation as the lowest responsible bidder; and NOW, THEREFORE BE IT RESOLVED by the Township Council of the Township of West Orange that the contract for Fire Station #4 Site Improvements is hereby awarded to: Crossroads Paving Corporation 386 South Street #169 Newark, N.J. 07105 in an amount not to exceed $243,457.00 NOW, THEREFORE BE IT FURTHER RESOLVED that Certified Checks and/or Bid Bonds of all except the lowest responsible bidder be forthwith returned, and the Mayor and Township Clerk be an they hereby are respectively authorized to execute and attest a contract for the foregoing. Lact. ctf Ba ven J. “Carnivale, R.M.C., Municipal Clerk Adopted: September 10, 2024 Thereby certify funds are available from Li Vificent Buono, Interim Chief Financial Officer Fil ey -dCouncil President Account No. 2023 Capital Budget 03-2814-23-0400-050-$83,100.00 03-2830-23-0500-020-$125,000.00 _ 03-2830-23-0200-030-835,357.00