Township Council Meeting — Packet

IN WITNESS WHEREOF, the parties have caused this memorandum to be executed on this day _______of ________________, 2026. Attest: The Township of West Orange: Karen J. Carnevale, R.M.C., Municipal Clerk Susan McCartney., Mayor 3

20-26 Delineators to be Installed along Westerly Curbline on Gregory Avenue (from Lawrence Avenue to Walker Road) in West Orange Installation of 40 - 50 Delineators for Pedestrian Safety March 2026 - June 2026 Susan McCartney, Mayor Susan McCartney

21-26 January 20, 2026 RESOLUTION WHEREAS, the Township of West Orange desires to improve safety for residents and students along Pleasant Valley Way, an Essex County Road, south of Stanford Avenue and north of Alisa Drive in the vicinity of the West Orange Highschool located on Pleasant Valley Way and the Kelly Elementary School located at the intersection of Pleasant Valley Way and Stanford Avenue Gregory Avenue and Walker Road; and WHEREAS, the Township Department of Engineering proposes two (2) new rapid flashing beacons on Pleasant Valley Way between the Stanford Avenue and Alisa Drive intersections at 579 Pleasant Valley Way and directly across at 564 Pleasant Valley Way; and WHEREAS, Essex County is willing, upon the request by the Township of West Orange, to allow the installation of two (2) new rapid flashing beacons and associated posts and footings on Pleasant Valley Way between Stanford Avenue and Alisa Drive at 579 Pleasant Valley Way and 564 Pleasant Valley Way; and WHEREAS, Mayor Susan McCartney and her Administration support the request for two (2) new rapid flashing beacons on Pleasant Valley Way in front of the West Orange High School and south of the Kelly Elementary School located at the intersection of Pleasant Valley Way and Stanford Avenue; WHEREAS, the County of Essex has requested that the township execute a hold harmless and indemnification agreement in consideration for its consent and the same meets with the Township attorney’s approval; and WHEREAS, the Township Council of the Township of West Orange concur with and support the request. NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of West Orange that the request by the Township to Essex County to install two (2) new rapid flashing beacons on Pleasant Valley Way between the intersections of Stanford Avenue and Alisa Drive to improve pedestrian and student safety is hereby endorsed.

BE IT FURTHER RESOLVED, that the Municipal Clerk, Karen J. Carnevale, submit a certified copy of this Resolution to the Essex County Engineer and Public Works Director, Sanjeev Varghese. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to executed the hold harmless and indemnification agreement in a form substantially similar to the form attached hereto. Karen J. Carnevale, R.M.C., Municipal Clerk Adopted: January 20, 2026 Susan Scarpa, Council President

MEMORANDUM OF UNDERSTANDING POSTING OF TOWNSHIP EQUIPMENT ON COUNTY PROPERTY AND RIGHTS OF WAY Thi s M e m o r a n d u m o f U n d e r s t a n d i n g 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 Departments of Engineering and 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 Engineering, intends to promote p u b li c safety for residents and students along Pleasant Valley Avenue; and WHEREAS, in order t o a d d r e s s public safety c o n c e r n s , t h e T o w n s h i p a n d t h e 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 rapid flashing beacons (RFB) and within rig hts of way al l belong in g to the Co unty. 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 the Department of Engineering and 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. 1

SECTION II DUTIES The installation, operation, maintenance, and removal (if n e c e s s a r y ) of t h e T o w n s h i p ’ s rapid flashing beacons (RFB) and e q u i p m e n t o n t h e C o u n t y ’ s property s h a l l b e the e x c l u s i v e duty and responsi bil i ty 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 s h a l l t h e rapid flashing beacons (RFB) and equipment remain the property o f the Township. The duty of the Co unty shall be to coo perate with the Township to insure that the Tow n ship h a s access to rapid flashing beacons (RFB) and equipment on an "as-needed " basis. These d u t i e s a n d responsibilities of this Agreement s h a l l b e subject t o the pro toco ls, directives a nd deci sions of the Bu si ness Administrator of the Township of West Orange, and the Co unty Exec utive of Essex Co unty, or t th eir respective designees. SECTION III HOLD HARMLESS PROVISION In consideration of the use of Essex County Rights of Way for the installation and maintenance of rapid flashing beacons (RFB) from the date of the Township's execution in perpetuity or until this Agreement is terminated under the provisions of Section IV below, the Township and its Department of Engineering and Public Works agree to indemnify and save harmless the County of Essex, its elected and officials, directors, department heads, appointed officers, agents, servants and employees, against any and all liability, claims, judgments, demands, attorney's fees and expenses, arising out of, or related to, or in connection with the initiative to install, operate, maintain and remove (if necessary) the Township's rapid flashing beacons (RFB) and equipment on the County's property and rights of way, including but not limited to claims based upon negligence by the way of commission or o missio n on the Tow n ship, its De partme nt Engineering and Public Works, o r its e lected officials, department head, officers, agents, 2

servants and employees. This indemnification shall include but is not limited to any third party claims, demands, causes of action, judgments, costs of litigation (including reasonable attorney fees) for bodily injury, death, personal injury and/or property damage occurring as a result of the Township's equipment being on the premises in whole or in part. This indemnification does not extend to liability arising from the intentional, tortious, or negligent acts or omissions committed by the elected and appointed officials, directors, department heads, officers, agents, servants, and employees of the County, nor any condition of the rights of way owned or operated by the County of Essex that are not directly related to the. Township's installation and maintenance of rapid flashing beacons (RFB) and equipment. SECTION IV TERMINATION The parties agree that any other initiative memoranda of understanding or agreement(s) executed between the parties shall be null and void after execution of this memorandum and that this memorandum shall be in full force and affect upon its execution. The parties agree that either party may cancel this memorandum of understanding upon thirty (30) days written notice of termination. Upon termination, the Township shall remove all equipment from the County’s property and rights of way within sixty (60) days. SECTION VI ENTIRE CONTRACT This memorandum sets forth all covenants, promises, agreements, conditions, and understandings between the parties. There are no oral agreements or understandings between the parties hereto affecting or modifying this agreement. 3

IN WITNESS WHEREOF, the parties have caused this memorandum to be executed on this day 20th of January, 2026. Attest: The Township of West Orange: Karen J. Carnevale, R.M.C., Municipal Clerk Susan McCartney., Mayor 4

21-26 Rapid Flashing Beacons to be Installed on Pleasant Valley Way near 579 and 564 Installation of two (2) Rapid Flashing Beacons (RFB) December 2025 - April 2026 Susan McCartney, Mayor Susan McCartney

22-26 January 20, 2026 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 the Site Improvements at Oskar Schindler Performing Arts Center (OSPAC); and WHEREAS, at the date, time and place advertised for the opening of said bids, the Township received three bids; and WHEREAS, the Qualified Purchasing Agent (QPA) reported that the successful bidder has strictly complied with the bid specifications and is the lowest responsible bidder; and WHEREAS, the Township Council of the Township of West Orange has considered said bids and has further considered the recommendation of the Township Engineer as to the award of said bid. WHEREAS, The Township received a State Fiscal Recovery Fund (SFRF) Grant in the amount of $1,000,000.00 for this project, and funds for this project have been appropriated in the 2025 Capital Budget; and WHEREAS, this contract has been procured following the issuance of an advertisement for bids, which constitutes a “fair and open” process in accordance with N.J.S.A. 19:44A-20.4. NOW, THEREFORE BE IT RESOLVED by the Township Council of the Township of West Orange that the contract for the Site Improvements at Oskar Schindler Performing Arts Center be awarded to: ZN CONSTRUCTION, LLC. 185 EAST 54TH STREET ELMWOOD PARK, NEW JERSEY in the amount not to exceed of $1,016,526.00. 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 and hereby are respectively authorized to execute and attest a contract for the foregoing.