Township Council Meeting — Packet

. 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 $1,000,000.00 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 FF1. 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 FF1. 4

18. FAIR AND OPEN This Agreement has been awarded to FF1 based on FF1’s merits and abilities to provide the professional services described herein. This Agreement was awarded through a “Fair and Open Process” pursuant to N.J.S.A. 19:44A-20.5 et seq. 19. PAY TO PLAY REQUIREMENT FF1 is advised of the responsibility to file an annual statement on political contributions with the New Jersey Election Law Enforcement Commission pursuant to N.J.S.A. 19:44A-20.8 (P.L. 2004, c.19, s.7, amended 2005, ch.51, s.15) if FF1 received contracts in excess of $50,000 from public entities in a calendar year. It is FF1’s responsibility to determine if filing is necessary. Additional information on this requirement is available from ELEC at 888-313-3532 or at www.elec.state.nj.us. By executing this Agreement, FF1 certifies that it is in compliance with N.J.S.A. 19:44A-20.26 (P.L. 2025, c.176 and J.R. 12). FF1 further certifies that it has neither made or solicited nor will make or cause to be solicited a prohibited political contribution in violation of any applicable federal, state or local laws. Any such failure to comply shall constitute a breach of the Contract. 20. INDEMNIFICATION AND HOLD HARMLESS FF1 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, liability, damage, loss or expense is caused in whole or in part, by the negligence or professional error or omission of FF1 or any person employed by it. FF1 shall provide to the Township with evidence that, at all times during the term of this engagement, it has obtained statutory professional liability and any other statutorily required coverages. No limitations on the foregoing indemnity shall impair or limit the Township’s recourse to the insurance coverage set forth herein. 21. TERMINATION The Township may terminate the Agreement upon sixty (60) days written notice to the other party. Upon such termination,

recourse to the insurance coverage set forth herein. 21. TERMINATION The Township may terminate the Agreement upon sixty (60) days written notice to the other party. Upon such termination, the Township shall pay FF1 for all services performed hereunder up to the date of such termination in accordance with the payment terms of this Agreement as well as all reasonable costs and expenses incurred by the FF1 in effecting the termination, including, but not limited to non-cancelable commitments and demobilization costs. 22. ENTIRE AGREEMENT This Agreement, including the attachments referenced herein, contains the entire Agreement of the parties hereto and may not be amended, modified, released or discharged, in whole or in part, except as specifically provided herein or in an instrument in writing executed by the parties hereto. 5

23. EFFECTIVE DATE OF CONTRACT This Agreement shall not become binding upon the parties until the Township adopts a bond ordinance and/or appropriates the funds necessary for this Agreement and the Township’s Chief Financial Officer certifies to the availability of funds if applicable pursuant to N.J.AC. 5:30-5.4 24. CONFLICT OF INTEREST FF1 acknowledges that the nature of the service to be performed requires that FF1 must not have or appear to have a conflict of interest with any potentially adversarial party. FF1 agrees that: (a) It will not accept any assignments, compensation, consideration or gratuities from any other party with an interest in the subject matter of this Agreement that shall conflict or shall have the appearance of conflicting with the interest of the Township relative to the purposes of this Agreement. (b) In the event that a conflict or potential conflict of interest arises, FF1 shall notify the Township in writing within three (3) days of becoming aware of the conflict or the potential conflict. Failure to provide such notice may be grounds for termination of this Agreement for cause. (c) In the event that the Township receives timely notice of an actual or potential conflict, FF1 and the Township shall attempt to reach an agreement on a course of action in response to the actual or potential conflict. If such an agreement cannot be reached, the Township has the right to terminate the Agreement for convenience. 25. INDEPENDENT CONTRACTOR FF1 shall be and remain an independent contractor with respect to all services performed hereunder and agrees to and does hereby accept full and exclusive liability for the payment of any and all contributions or taxes for social security, unemployment insurance or old age retirement benefits, pensions or annuities now or hereafter imposed under any state or federal law which are measured by the wages, salaries or other remuneration paid to persons employed by FF1 for work performed under the terms of this contract and further agrees to obey all lawful rules and regulations and to meet all lawful requirements by all duly authorized state or federal officials, and FF1 agrees to indemnify and save harmless the Township from any such contributions or taxes or liability therefore. 26.

ll lawful requirements by all duly authorized state or federal officials, and FF1 agrees to indemnify and save harmless the Township from any such contributions or taxes or liability therefore. 26. STATE REQUIRED RECORD RETENTION N.J.S.A. 52:15C-14(d) and N.J.A.C. 17:44-2.2 FF1 shall maintain all documentation related to products, transactions or services under this contract for a period of five years from the date of final payment. Such records shall be made available to the New Jersey Office of the State Comptroller upon request. Refusal FF1 to provide information upon request by the State Comptroller or otherwise impede or fail to cooperate with any audit or performance review, the State Comptroller may recommend to the Township that the person be subject to termination of their contract, or temporarily or permanently debarred from contracting with the Township. 6

IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals. ATTEST: TOWNSHIP OF WEST ORANGE __________________________________ By:_________________________________ Karen J. Carnevale, Municipal Clerk Susan McCartney, Mayor WITNESS: FF1 APPARATUS LLC __________________________________ By:________________________________ (printed name) Title: 7

250-26 September 15, 2026 RESOLUTION WHEREAS, on May 18, 2026, a sinkhole suddenly formed due to a manhole failure on Franklin Avenue near its intersection with Main Street; and WHEREAS, on May 21, 2026, a sinkhole suddenly formed due to a manhole failure on Park Terrace near its intersection with Main Street; and WHEREAS, pursuant to N.J.S.A. 40A:11-6 and N.J.A.C. 5:34-6.1, in the case of emergencies that affect the public health, safety and welfare, any contract may be negotiated or awarded for the Township of West Orange without public advertising for bids; and WHEREAS, pursuant to the Local Public Contracts Law, Emergency Contracts, N.J.S.A. 40A:11.6a the Municipal Engineer on May 19, 2026 notified the Purchasing Agent of the need to perform an emergency contract for Franklin Avenue and on May 28, 2026 notified the Purchasing Agent of the need to perform an emergency contract for Park Terrace; and WHEREAS, to expedite the work and to perform the emergency repair of the sanitary sewer manhole and roadway to protect public health and safety an emergency contract would be issued to Shauger Property Services, Inc., as they are familiar with the required improvements and were readily available to perform the emergency work; and WHEREAS, The Shauger Group submitted an invoice dated May 31, 2026 for the emergency repair of Franklin Avenue and Park Terrace in the amount of $67,786.94; and WHEREAS, the Municipal Engineer by letter dated June 23, 2026 recommends paying the costs of this emergency work; and WHEREAS, the Township is fully compliant with the statutory requirements set forth in N.J.S.A. 40A:11-6; and WHEREAS, sufficient funds exist for this 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 an emergency appropriation in an amount not to exceed $67,786.94 is authorized to compensate Shauger Property Services, Inc. for the emergency sanitary sewer manhole repair and roadway repair at Franklin Avenue near its intersection with Main Street and Park Terrace near its intersection with Main Street is authorized pursuant to N.J.S.A. 40A:11-6 and N.J.A.C. 5:34-6.1; and BE IT FURTHER RESOLVED that this work was performed pursuant to the provisions of the Local Public Contracts Law, Emergency Contracts, N.J.S.A. 40A:11-6 as the work was required to protect public health and welfare. BE IT FURTHER RESOLVED, that the Mayor, Township Clerk, and other appropriate Township officials are hereby authorized to take any and all required actions to carry out this contract as set forth herein. BE IT FURTHER RESOLVED, that the Chief Financial Officer has certified that the funds are available in the budget in the amount of $67,786.94 for the payment of this emergency contract and the line-item appropriations number to be charged is ___________________. BE IT FURTHER RESOLVED, that the emergency contract with, Shauger Property Services, Inc., relating to the sanitary sewer manhole and roadway repair at Franklin Avenue near its intersection with Main Street and Park Terrace near its intersection with Main Street is ratified from the date of commencement of the emergency until the date of adoption of this authorizing resolution. ______________________________________ ____________________________________ Karen J. Carnevale, R.M.C. Susan Scarpa Township Clerk Council President Adopted: September 15, 2026 I certify funds are available for this work: _____________________________________ Account No. 2026 Capital Account $67,786.94

___________________________________ John Ditinyak, Chief Financial Officer

250-26 Invoice Invoice Number: Shauger Property Services, Inc. E-114656 429 DODD STREET Invoice Date: EAST ORANGE, NJ 07017 May 31, 2026 Page: Voice: 973-676-2100 1 Fax: 973-676-8200 Sold To: TOWNSHIP OF WEST ORANGE DEPT. OF PUBLIC WORKS 25 LAKESIDE AVENUE WEST ORANGE, NJ 07052 Attn: ZAYIBETH CARBALLO RE: TOWNSHIP OF WEST ORA Job Number: pc26-014,02,10 Customer PO Payment Terms Due Date Sales Rep ID Net 15 Days 6/15/26 Quantity Description Unit Price Extension JOB LOCATION: PARK TERRACE, FRANKLIN AVENUE 67,786.94 & MAIN STREET, WEST ORANGE, NJ 07052 SCOPE OF WORK EMERGENCY - REPAIR SINK HOLES MOBILIZED, LABOR, EQUIPMENT, MATERIAL, TRAFFIC CONTROL, AND SAFETY SETUP FRANKLIN AVE & MAIN STREET SAWCUT, BROKE, AND REMOVED ASPHALT. AREA APPROXIMATELY 20 LF X 6 FT WIDE BEGAN ASPHALT REMOVAL; WORK WAS STOPPED. WAITED 4 HRS, RECALLED MARK OUT TWICE. MARKOUT FINALLY SHOWED UP RESUMED WORK AND EXCAVATED SINKHOLE APPROXIMATELY 8 FEET DEEP BACKFILLED WITH DGA AND COMPACTED. INSTALLED TEMPORARY COLD PATCH Subtotal Continued Sales Tax Continued Total Invoice Amount Continued