Township Council Meeting — Packet

STATE OF NEW JERSEY BUSINESS REGISTRATION CERTIFICATE Taxpayer Name: Trade Name: Address: Certificate Number: Effective Date: Date of Issuance: FRANK A. MACCHIONE CONSTRUCTION INC. 168 MIDWOOD RD PARAMUS, NJ 07652-1608 0601250 February 18, 1993 September 06, 2017 For Office Use Only: 20170906091226915

181-26 EXHIBIT C MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE N.J.S.A. 10:5-31 et seq. (P.L. 1975, C. 127) N.J.A.C. 17:27 GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS During the performance of this contract, the contractor agrees as follows: The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Except with respect to affectional or sexual orientation and gender identity or expression, the contractor will take affirmative action to ensure that such applicants are recruited and employed, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause. The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. The contractor or subcontractor, where applicable, will send to each labor union or representative or workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer advising the labor union or workers' representative of the contractor's commitments under this act and shall post copies of

or understanding, a notice, to be provided by the agency contracting officer advising the labor union or workers' representative of the contractor's commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to N.J.S.A. 10:5-31 et seq., as amended and supplemented from time to time and the Americans with Disabilities Act. The contractor or subcontractor agrees to make good faith efforts to employ minority and women workers consistent with the applicable county employment goals established in accordance with N.J.A.C. l7:27-5.2, or a binding determination of the applicable county employment goals determined by the Division, pursuant to N.J.A.C. 17:27-5.2. The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited to, employment agencies, placement bureaus, colleges, universities, labor unions, that it does not discriminate on the basis of age, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices.

The contractor or subcontractor agrees to revise any of its testing procedures, if necessary, to assure that all personnel testing conforms with the principles of job-related testing, as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions. In conforming with the applicable employment goals, the contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and layoff to ensure that all such actions are taken without regard to age, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions. The contractor shall submit to the public agency, after notification of award but prior to execution of a goods and services contract, one of the following three documents: Letter of Federal Affirmative Action Plan Approval Certificate of Employee Information Report Employee Information Report Form AA302 The contractor and its subcontractors shall furnish such reports or other documents to the Div. of Contract Compliance & EEO as may be requested by the office from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Div. of Contract Compliance & EEO for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at N.J.A.C. 17:27.

181-26 REQUIRED EVIDENCE AFFIRMATIVE ACTION REGULATIONS N.J. S.A. 10:5-31, et seq. (N.J.A. C. 17:27) If awarded a contract, the Bidder will be required to comply with the requirements of N.J.S.A. 10:5- 31, et seq., and N.J.A.C,_ 17:27. Within five (5) days after receipt of the notification of intent to award the contract, the Bidder shall present one of the following: 1. Appropriate evidence that the Contractor is operating under an existing federally approved or sanctioned affirmative action program; or 2. A Certificate of Employee Information Report Approval issued in accordance with N.J.A.C. 17:27-4; or 3. An initial Employee Information Report consisting of forms provided by the Affirmative Action Office and completed by Contractor in accordance with N.J.A.C. 17:27-4. The Bidder must submit no later than three (3) days after the signing of the Contract an Initial Project Manning Table consisting of forms provided by the Affirmative Action Office and completed by Contractor in accordance with N.J.A.C. 17:27-7. Bidders are referred to the Bidder's Information Section of the Bid Packet for a further description of the above requirements. NO BIDDER MAY BE ISSUED A CONTRACT UNLESS THEY COMPLY WITH THE AFFIRMATIVE ACTION REGULATIONS OF N.J.S.A. 10:5-31, et seq. The following questions must be answered by all Bidders: 1. Do you have a federally-approved or sanctioned Affirmative Action Program? Yes ________ (If yes, submit a copy of such approval.) No 2. Do you have a State Certificate of Employee Information Report approval? Yes ________ {If yes, submit a copy of such approval.) No The undersigned Bidder certifies that he is aware of the commitment to comply with the requirements of N.J.S.A. 10:5-31, et seq., and agrees to furnish the required documentation pursuant to the law. COMPANY: _____________________________ NAME: ____________________________ SIGNATURE: ____________________________ TITLE: ____________________________

NOTE:A bid must be rejected as non-responsive if a Bidder fails to comply with requirements of N.J.S.A. 10:5-31, et seq., within stipulated time.

182-26 July 7, 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 the Existing Female Police Locker and Proposed Expansion & Lactation Room at the Police Building, 60 Main Street; 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 May 13, 2026 for the Professional Architectural Services; and WHEREAS, Herbst-Musciano, LLC, proposed the Professional Architectural Services for Female Police Locker Expansion & Lactation Room at the Police Building, 60 Main Street; and WHEREAS, Herbst-Musciano, LLC, have performed similar work for other Townships on several projects; and WHEREAS, by letter dated June 30, 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 for the Interior Alterations for Female Police Locker Expansion & Lactation Room at the Police Building, 60 Main Street; 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 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 $30,550.00, in the substantially similar form, subject to Township Attorney approval, 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 a copy 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: July 7, 2026 I hereby certify funds are available from: ACCOUNT NO. 2025 Capital Budget Account # 03-2915-25-0900-010 $30,550.00 John C. Ditinyak, Chief Financial Officer

182-26 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made this 7th day of July, 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 "Professional" 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 May 13, 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 $30,550.00 (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