Township Council Meeting — Packet

RESOLUTION OF THE TOWNSHIP OF WEST ORANGE PLANNING BOARD RESOLUTION APPOINTING THE FIRM HEYER GRUEL & ASSOCIATES AS CONSULTING PLANNERS TO THE PLANNING BOARD OF THE TOWNSHIP OF WEST ORANGE FROM OCTOBER 2, 2025 TO DECEMBER 31, 2025 WHEREAS, the firm Heyer Gruel & Associates has demonstrated through the submission of a response to the Township and Board’s requests for proposals that they are duly qualified to serve the Board as consulting planning consultants; and WHEREAS, the Board’s previously appointed planning consultants, Nishuane Group, LLC, resigned their position with the Board effective September, 10, 2025; and WHEREAS, the Planning Board has thus determined that Heyer Gruel & Associates should be appointed as the Board’s consulting planning consultants; and WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1, et. seq.) permits the awarding of the professional service contracts without competitive bid; and WHEREAS, this Resolution shall constitute the Board’s contractual agreement with Heyer Gruel & Associates to serve as its planning consultants for the period of October 2, 2025 through December 31, 2025. NOW, THEREFORE, be it resolved by the Planning Board of the Township of West Orange as follows: 1. Heyer Gruel & Associates be and hereby are appointed as consulting planners to the Planning Board of the Township of West Orange, effective October 2, 2025, through and including December 31, 2025, to review applications filed with the Board as assigned by the Board, provide the Board with his/her comments on the assigned applications, attend all Board meetings where those applications will be heard and perform such other services as the Board may direct, including Master Plan consistency reviews of proposed land use ordinances and proposed capital improvement programs and such other services as the Board may direct. Heyer Gruel shall be compensated in accordance with the fee service proposals dated September 22, 2025 and September 25, 2025 attached hereto as Exhibit A.

2. The appointment does not include work to be performed by Heyer Gruel & Associates with respect to the Fourth Round Affordable Housing Element and Fair Share Plan which is the subject of a separate agreement and resolution approved by the Township Council. 3. This appointment is awarded without competitive bid as a “professional service” in accordance with N.J.S.A. 40A:11-5 of the Local Public Contracts Law due to Heyer Gruel & Associates’ experience as planning consultants and planners serving public entities. 4. Anotice of this action shall be published in the official newspaper of the Township of West Orange. Adopted: iol3lzs Jamilet Baquerizo Vite Planning Board Secretary

Vote Action Taken by the Board on October 3, 2025: Board Member Motion Second Aye Nay Abstain Absent K. Alper Xx J. Guarino x L. Klein S. McCartney C. Morgan S. Scarpa F. Noborine W. Wilkes J. Cardoza L. Kapferer R. Bagoff > | < | >< | >< | >< | >< | >< Vote on Memorialization on October 3, 2025: Board Member Motion Second Aye Nay Abstain Absent K. Alper x Xx J. Guarino L. Klein S. McCartney C. Morgan S. Scarpa F. Noborine W. Wilkes J. Cardoza L. Kapferer R. Bagoff >< |< | >< | >< | >< | >< | ><

September 30, 2025 Diana P. McGovern, Esq. Gaccione Pomaco, P.C. 1Boland Drive- Suite 102 West Orange, NJ 07052 dmcgovern@gpmlegal.com Dear Ms. McGovern, As requested, we are pleased to submit the proposal to provide professional planning services to the West Orange Planning Board (PB) for the three (3) applications. These applications, as we understand, are to be heard before the Board prior to the end of the year and HGA is providing its professional planning services to assist the Board with the review of these applications. 1. App # PB 24-01-West Essex Highland Inc. It is our understanding that there have been over 15 hearings and it is anticipated that there will be at least 2-4 additional PB hearings before the vote on this application. Due to complexity and length of time this application is taking, our scope would include the following: e Review of all of the hearing transcripts and all the documents submitted by the applicant and objectors e Review of all memos prepared by Board Professionals Preparation of amemo from our firm Attendance (in person) at future PB meetings ( up to 4 meetings) Consultation with Board Professionals Total Estimated Cost (notto exceed). ....$14,800.00 2. App# PB 25-04 Blue Violet Grow, LLC & App #2503-Kantor Residence It is our understanding that these two applications have been recently filed and deemed complete and to be heard at the PB before the end of the year. Itis our understanding that these application shall be conducted via Zoom and given the type of applications we assume no more than 1-2 meetings for these applications. Our scope would include the following: Review of the application package Review of all memos prepared by the Board professionals Preparation of a planning review memo from our firm Attendance at future Planning Board Meetings via Zoom (Up to 1-2 meetings) HIGIA 236 BROAD STREET. RED BANK, NJ.07701 + TEL 732.741.2900 + FAX 732.741.2929 = MAIL@HGAPA.COM + www.HGAPA.com EXHIBIT A

Page 2 * Consultation with Board professionals Total Estimated Cost( Not to exceed) for App# PB 25-04 Blue Violet Grow.... $5,000.00 Total Estimated Cost( Not to exceed) for App #2503-Kantor Residence $2,000.00 It is important to note, while it is difficult to determine the level of effort which will be necessary, the above noted costs are our estimates. The applications shall be billed at our hourly rates noted below: HGA Hourly Fee Schedule 5 FEE SCHEDULE ICIP. SUSAN S. GRUEL PRINCIPALS: FRED HEYER $175 PER HOUR PRINCIPAL PLANNERS: $165 PER HOUR SENIOR PLANNERS: $150 PER HOUR ASSOCIATE PLANNERS: $135 PER HOUR It is anticipated that the firm's principal planner Malvika Apte, PP, AICP , Principal Planner with the firm would be the project manager and attend all Planning Board meetings. She has extensive experience working with municipalities. Megan Adam one of the firm's associate planners, would assist since she is very familiar with the Township. Should you have any questions, please do not hesitate to contact me. Sincerely yours, HEYER, GRUEL & ASSOCIATES Susan Gruel, PP S Principal Cc: Malvika Apte, AICP, PP HGA 236 BROAD STREET, RED BANK, NJ07701 * TEL 732.741.2900 + FAX 732.741.2929 + MAIL@HGAPA.COM * www.HGAPA.com

RESOLUTION OF THE TOWNSHIP OF WEST ORANGE PLANNING BOARD RESOLUTION APPOINTING THE FIRM HEYER GRUEL & ASSOCIATES AS CONSULTING PLANNERS TO THE PLANNING BOARD OF THE TOWNSHIP OF WEST ORANGE FROM OCTOBER 2, 2025 TO DECEMBER 31, 2025 WHEREAS, the firm Heyer Gruel & Associates has demonstrated through the submission of a response to the Township and Board’s requests for proposals that they are duly qualified to serve the Board as consulting planning consultants; and WHEREAS, the Board’s previously appointed planning consultants, Nishuane Group, LLC, resigned their position with the Board effective September, 10, 2025; and WHEREAS, the Planning Board has thus determined that Heyer Gruel & Associates should be appointed as the Board’s consulting planning consultants; and WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1, et. seq.) permits the awarding of the professional service contracts without competitive bid; and WHEREAS, this Resolution shall constitute the Board’s contractual agreement with Heyer Gruel & Associates to serve as its planning consultants for the period of October 2, 2025 through December 31, 2025. NOW, THEREFORE, be it resolved by the Planning Board of the Township of West Orange as follows: 1. Heyer Gruel & Associates be and hereby are appointed as consulting planners to the Planning Board of the Township of West Orange, effective October 2, 2025, through and including December 31, 2025, to review applications filed with the Board as assigned by the Board, provide the Board with his/her comments on the assigned applications, attend all Board meetings where those applications will be heard and perform such other services as the Board may direct, including Master Plan consistency reviews of proposed land use ordinances and proposed capital improvement programs and such other services as the Board may direct. Heyer Gruel shall be compensated in accordance with the fee service proposals dated September 22, 2025 and September 25, 2025 attached hereto as Exhibit A.

2. The appointment does not include work to be performed by Heyer Gruel & Associates with respect to the Fourth Round Affordable Housing Element and Fair Share Plan which is the subject of a separate agreement and resolution approved by the Township Council. 3. This appointment is awarded without competitive bid as a “professional service” in accordance with N.J.S.A. 40A:11-5 of the Local Public Contracts Law due to Heyer Gruel & Associates’ experience as planning consultants and planners serving public entities. 4. Anotice of this action shall be published in the official newspaper of the Township of West Orange. Adopted: iol3lzs Jamilet Baquerizo Vite Planning Board Secretary

Vote Action Taken by the Board on October 3, 2025: Board Member Motion Second Aye Nay Abstain Absent K. Alper Xx J. Guarino x L. Klein S. McCartney C. Morgan S. Scarpa F. Noborine W. Wilkes J. Cardoza L. Kapferer R. Bagoff > | < | >< | >< | >< | >< | >< Vote on Memorialization on October 3, 2025: Board Member Motion Second Aye Nay Abstain Absent K. Alper x Xx J. Guarino L. Klein S. McCartney C. Morgan S. Scarpa F. Noborine W. Wilkes J. Cardoza L. Kapferer R. Bagoff >< |< | >< | >< | >< | >< | ><

237-25 AGREEMENT FOR MUNICIPAL ENGINEERING CONSULTING SERVICES THIS AGREEMENT, dated as of the 28th day of October, 2025 between the Township of West Orange, a Municipal Corporation, in the County of Essex, and the State of New Jersey (hereinafter referred to as the “Township”), having its principal offices at 66 Main Street, West Orange, New Jersey; and CONSULTING AND MUNICIPAL ENGINEERS, LLC, (hereinafter referred to as the “Contractor”), having its principal offices at 379 US Route 1 South- Suite 100 Monmouth Junction, New Jersey 08852. WHEREAS, on or about November 13, 2024 the Township issued Request for Qualifications for Professional Services, (the “RFQ”) seeking to award a Professional Services Agreement for Environmental Consulting Services; and WHEREAS, on December 3, 2024, the Contractor submitted a proposal in response to the RFQ, annexed hereto as Exhibit “A,” seeking award of the Contract for Engineering Consulting Services (the “Contract”) for the scheduled hourly rates that are annexed hereto as Exhibit “B” not to exceed $25,000. WITNESSETH 1. The Contractor hereby covenants and agrees to furnish and deliver to the Township, Engineering Consulting Services consistent with the scope of services as set forth in the RFQ and the Contractor’s Proposal submitted on December 3, 2024 (the “Proposal”) for the scheduled hourly rates set forth in the Proposal. 2. In the event of any conflicts between the terms and conditions set forth in the RFQ and the Proposal, the terms and conditions set forth in the RFQ shall govern. 3. The Contractor acknowledges that it has read N.J.S.A. 10:2-1, et. seq. (Discrimination in Employment on Public Works; contract Provision), the terms of which are incorporated herein as if expressly set forth at length, and the contractor agrees to comply with and be bound by the terms thereof. 4. Neither this Agreement nor the monies to become due hereunder are assignable. 5. The term of this Agreement for services is January 1, 2025 through December 31, 2025. Either party may seek to terminate this Agreement with 30-days written notice. 6. The acceptance of payment by the Contractor shall constitute a release of any claims or liabilities of any nature whatsoever, if any, owing to the Contractor from the Township, its agents, servants and employees. 7. Contractor agrees to indemnify and hold harmless the Township, its

ms or liabilities of any nature whatsoever, if any, owing to the Contractor from the Township, its agents, servants and employees. 7. Contractor agrees to indemnify and hold harmless the Township, its agents, servants and employees from and against any and all losses, damage, liabilities, and expenses 4930-5038-7291, v. 1