Township Council Meeting — Packet

161-26 TOWNSHIP OF WEST ORANGE 25 LAKESIDE AVENUE, WEST ORANGE, N.J. 07052 DEPARTMENT OF ENGINEERING ZAYIBETH CARBALLO Tel: (973) 325-4160 Municipal Engineer Director of Engineering Email: engineering@westorange.org June 2, 2026 Mayor and Township Council Municipal Building 66 Main Street West Orange, NJ 07052 RE: RETURN OF STREET INSPECTION ESCROW JAMIE RIVERA, 45 HIGHWOOD ROAD Mayor McCartney, Council President Scarpa, and Council Members: On September 26, 2025, Jamie Rivera submitted a check in the amount of $3,000 which represents the cost of street inspection escrow for work performed in the Township’s Right of Way (R.O.W) located at 45 Highwood Road. A final inspection has been completed and the restoration work is satisfactory. I am now requesting the release of escrow in the amount of $3,000 to be returned to Jamie Rivera, 45 Highwood Road, West Orange, NJ 07052 for the completed work in the Township ROW located at 45 Highwood Road. If you have any questions, please let me know. Very truly yours, Zayibeth Carballo Zayibeth Carballo Director/Municipal Engineer ZYC/ag Cc: Peter Smeraldo, BA John Ditinyak, CFO Paula Reynolds, QPA AN EQUAL OPPORTUNITY EMPLOYER www.westorange.org

162-26 June 9, 2026 RESOLUTION WHEREAS, the Governing Body of the Township of West Orange (the “Township”) has determined that there exists a need to provide the following professional services for the Township: Professional Architectural Services for the Interior Alterations for New Municipal Offices at 46 Mt. Pleasant Avenue; and WHEREAS, the Professional Services are exempt from the requirements of public bidding pursuant to the Local Public Contracts Law, more specifically, N.J.S.A. 40A:11-5(1)(a)(i); and WHEREAS, the Local Public Contracts Law, N.J.S.A. 40A:11-5(1)(a)(1) requires that notice of the award of contracts for “Professional Services” without competitive bidding must be published in a local newspaper; and WHEREAS, this contract is for an amount over $17,500.00 and is being awarded pursuant to a “Non-Fair and Open Process” pursuant to N.J.S.A. 19:44A-20.5; and WHEREAS, the Township Engineer solicited and received a proposal dated April 24, 2026 for the Professional Architectural Services; and WHEREAS, Herbst-Musciano, LLC, proposed the Professional Architectural Services for the Interior Alterations for New Municipal Offices at 46 Mt. Pleasant Avenue; and WHEREAS, Herbst-Musciano, LLC, have performed similar work for other Townships on several projects; and WHEREAS, by letter dated May 28, 2026 the Township’s Municipal Engineer recommended a professional services contract be awarded to complete the phases described in the Proposal to, Herbst- Musciano, LLC, 611 Main Street, Second Floor, Boonton, NJ 07005, for Professional Architectural Services associated with the Interior Alterations for New Municipal Offices at 46 Mt. Pleasant Avenue; and WHEREAS, sufficient funds exist for the services outlined in the proposal of Herbst-Musciano, LLC; and WHEREAS, upon execution of the Agreement, Herbst-Musciano, LLC shall complete and submit a Business Entity Disclosure Certification, which certifies that Herbst-Musciano, LLC has not made any reportable contributions to a political or a candidate committee in the Township of West Orange in the previous one (1) year prior to award, and that the contract will prohibit Herbst-Musciano, LLC, from

ortable contributions to a political or a candidate committee in the Township of West Orange in the previous one (1) year prior to award, and that the contract will prohibit Herbst-Musciano, LLC, from making any reportable contribution through the term of the contract.

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 Herbst-Musciano, LLC, to provide Professional Architectural Services for the Interior Alterations for New Municipal Offices at 46 Mt. Pleasant Avenue for a period of one (1) year in the amount not to exceed $56,930.00, in the substantially similar form as attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED, that the Mayor and Township Clerk are hereby authorized to sign the agreement on behalf of the Township, which shall be available for public inspection in the office of the Township Clerk; and, BE IT FURTHER RESOLVED, that the Township Clerk shall cause a notice of the adoption of this resolution be posted to the Township website at www.westorange.org, “Current Legal Notices”, “Resolution Notices,” within ten (10) days after passage hereof. Karen J. Carnevale, R.M.C., Municipal Clerk Susan Scarpa, Council President Adopted: June 9, 2026 I hereby certify funds are available from Account No.: 2025 Capital Budget Account # 03-2915-25-0900-010 $56,930.00 John C. Ditinyak, Chief Financial Officer

162-26 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made this 9th day of June, 2026 BETWEEN: Township of West Orange 66 Main Street West Orange, New Jersey 07052 Hereinafter Referred to as the "Township" AND: HERBST-MUSCIANO, LLC, Hereinafter Referred to as the "Professional;" W I T N E S S E T H: WHEREAS, the Township recognizes the need for Professional Architectural Services; and WHEREAS, in that connection HERBST-MUSCIANO, LLC is qualified to provide said services; and WHEREAS, the Township desires to engage HERBST-MUSCIANO, LLC, to serve as an "Independent Contractor" to provide professional services that may be designated by the Township as a non- fair and open contract pursuant to the provisions of N.J.S.A. 40A:11-5(1)(a)(i); NOW, THEREFORE, in consideration of the terms, conditions and stipulations hereinafter set forth, it is mutually agreed by and between the parties: 1. WORK TO BE PERFORMED a) The Professional shall perform services for the Township as specified and detailed in the proposal for services issued on April 24, 2026 (the “Proposal”), which is hereby incorporated herein and attached hereto as Exhibit A. In the event of any conflict between the Proposal and this Agreement, the terms and conditions contained within this Agreement shall be controlling. b) Any and all work performed pursuant to this Agreement shall be performed to acceptable practices, and standards within the industry and to the satisfaction of the Township.

2. CONSIDERATION The Township shall compensate Professional based upon the fee estimates specified in the Proposal. These fee estimates are primarily task-based and assume a reasonable project schedule and progression. If said services are projected to continue beyond the estimated time of completion, then prior to exceeding the fee estimates, Professional will identify the schedule impacts and discuss the additional fee estimates with the Township. The hourly rates charged for services shall be as specified in the Herbst Musciano Municipal Rate Sheet attached hereto as Exhibit A. 3. PAYMENT Payment shall be made by the Township within thirty (30) days of the receipt and approval of itemized bills and vouchers. No payments may be made in advance of services pursuant to N.J.S.A. 40A:5-16. 4. NOT-TO EXCEED AMOUNT Total compensation under this Agreement shall not exceed $56,930.00 (the “Not-to-Exceed Amount”) without a further written encumbrance and additional authorization by resolution of the Township Council. 5. TERM The term of this agreement shall be as specified in the Estimated Times of Completion contained in the Agreement, unless earlier terminated in accordance with the provisions set forth in Section 16, below. 6. NEW JERSEY LAW This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey notwithstanding any provisions of such laws relating to jurisdiction. 7. PARTIAL INVALIDITY If any term, condition, or provision of this Agreement or the application thereof to any person or circumstance shall, at any time, or to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those to which this Agreement is invalid or unenforceable, shall not be affected thereby, and each term, condition, and provision of this Agreement shall be valid and enforced to the fullest extent permitted by law, provided, however, that no such invalidity shall in any way reduce the services to be performed by the Professional for the Township. 8. NO ASSIGNMENT The Professional shall not assign, transfer, convey, sublet, or otherwise dispose of this Agreement or its right, title or interest in or to the same or any part thereof without prior

NMENT The Professional shall not assign, transfer, convey, sublet, or otherwise dispose of this Agreement or its right, title or interest in or to the same or any part thereof without prior written consent of the Township and the approval of the Township's Municipal Council.

9. BINDING ON SUCCESSORS Except as otherwise provided in this Agreement, all agreements' terms, provisions and conditions to this Agreement shall be binding on and inure to the benefit of the parties hereto, their respective personal representatives and successors. 10. MODIFICATIONS No modification of this Agreement shall be valid or binding unless the modifications shall be in writing, approved by the Township's Municipal Council and executed by and between the Township and the Professional. 11. NO WAIVER No waiver of any term, provision or condition contained in this Agreement or any breach of any such term, provision or condition shall constitute a waiver of any subsequent breach of such term, provision or condition by either party, or justify or authorize the non-observance on any other occasion of the same, or any other term, provision, or condition of this Agreement by either party. 12. CAPTIONS The captions or the paragraph headings contained in this Agreement are solely for purposes of convenience and shall not be deemed part of this Agreement for the purpose of construing the meaning thereof or for any other purpose. 13. RECORDS All records and data relating to work performed for the Township shall belong to the Township and shall be surrendered to the Township upon the expiration or termination of this Agreement, except that the Professional will retain such information as is necessary to maintain a complete work record. The Professional shall not use such information or data except for the performance of the service hereunder, without the prior written permission of the Township. 14. INSURANCE The Professional performing work for or on behalf of the Township shall keep in force the following types of insurance at its own expense and underwritten by a company licensed to do business in the State of New Jersey and acceptable to the Township. The Township reserves the right to accept, amend or modify any of the conditions listed. The Township must be notified within three (3) days of an offense, which may result in a claim. The Professional shall not take any action to cancel any of the insurance required under this Agreement without the approval of the Township. The maintenance of insurance under this section shall not relieve the Professional of any liability greater than the insurance coverage. Any

under this Agreement without the approval of the Township. The maintenance of insurance under this section shall not relieve the Professional of any liability greater than the insurance coverage. Any and all subcontractors retained must

fully comply with the same insurance requirements as listed. a. WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE with limits of not less than $1,000,000.00 will be maintained in full force during the life of this contract by the professional covering all employees engaged in performance of this contract pursuant to N.J.S.A. 34:15-12(a) and N.J.A.C. 12-235- 1.6. b. GENERAL LIABILITY INSURANCE with limits of not less than $1.000,000.00 for Bodily Injury and Property Damage Liability each occurrence and $1,000.000.00 General Aggregate will be maintained in full force during the life of the contract by the professional. The policy will include professional's protective liability insurance (also known as contingent liability insurance) with the same limits. In the event more than one insured is named in the policy, a CROSS LIABILITY endorsement will be included which provides that the employees of each of the named insureds are not excluded under the policy as respect to claims that are made against other named insured. c. AUTOMOBILE LIABILITY INSURANCE with limits of not less than $l,000.000.00 Liability and Property Damage Liability Combined Single Limit, $1,000,000.00 Uninsured Motorist and Underinsured Motorist, $1,000,000.00 Owned, Hired and Non-owned Automobile, will be maintained in full force during the life of this contract by the professional. d. PROFESSIONAL LIABILITY INSURANCE with the limits of not less than $2,000,000.00 maintained in full force during the life of the contract by the professional. 15. INDEMNIFICATION AND HOLD HARMLESS The Professional performing work agrees, at its sole coast and expense, to release, indemnify, defend and satisfy all judgments, and hold harmless the Township including their employees, officers, agents, servants, representatives, and officials from and against any and all claims, actions, costs, penalties, losses, damages, liabilities, judgments, demands, and expenses, including, but not limited to, attorney's fees and defense costs which arise out of the performance of this Agreement providing that such claim, action, judgment, cost, penalty,