Public Township Council Meeting — Packet

98-12 May 29, 2012 RESOLUTION WHEREAS, on August 12, 2010 the Township of West Orange advertised for bids for the project entitled “Improvement of Undercliff Terrace”, prepared by the Crew Engineers, Inc. 1250 Route 23 North, Butler, New Jersey for the Township; and WHEREAS, the Township on August 31, 2010 received twelve (12) bids for this project; and WHEREAS, on September 14, 2010 the Township Council by Resolution No. 233-10 awarded a contract for this project to the lowest responsive bidder, A & J Contractor’s Group, 105 Federal Road, Monroe Township, New Jersey in the amount of $314,499.40 which was funded by both a Transportation Trust Fund Grant in the amount of $250,000 and a Local Capital Budget Appropriation of $64,499.40; and WHEREAS, the bid and contract were based on unit prices; and WHEREAS, A & J Contractor’s Group, Inc. proceeded with the improvements associated with this project; and WHEREAS, the Township Engineer by letter dated May 17, 2012 recommends Change Order No. 1 and Final for this project be approved which represents a 0.96 percent decrease in the Contract award amount of $314,499.40; and WHEREAS, this Change Order represents as built quantities for the bid items as well as two supplemental items required to address field conditions all resulting in a final Contract amount of $311,476.20; 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 Change Order No. 1 which is a net decrease of $3,023.20 from the original Contract amount of $314,499.40 for the project “Improvement of Undercliff Terrace” with

A & J Contractor’s Group, Monroe Township, New Jersey be approved bringing the final contract amount to $311,476.20 or a 0.96 percent decrease from the original Contract amount. BE IT FURTHER RESOLVED that unexpended funds from West Orange’s Capital Improvement Fund be returned to that Fund for future roadway improvement projects. KAREN CARNEVALE, MUNICIPAL CLERK PATRICIA SPANGO, COUNCIL PRESIDENT I hereby certify funds are available from: Account No.: JOHN O. GROSS, CHIEF FINANCIAL OFFICER

99-12 May 29, 2012 RESOLUTION WHEREAS, on August 8, 2011 the Township of West Orange advertised for bids for the project entitled “The Reconstruction of Old Salem Road and Salem Place”, prepared by the Crew Engineers, Inc. 1250 Route 23 North, Butler, New Jersey for the Township; and WHEREAS, the Township on September 7, 2011 received 8 bids for this project; and WHEREAS, on September 8, 2011 the Township Council by Resolution No. 222-11 awarded a contract for this project to the lowest responsive bidder, A & J Contractor’s Group, 105 Federal Road, Monroe Township, New Jersey in the amount of $359,659.40 which was funded by both a Transportation Trust Fund Grant in the amount of $279,500 and a Local Capital Budget Appropriation of $80,149.40; and WHEREAS, the bid and contract were based on unit prices; and WHEREAS, A & J Contractor’s Group, Inc. proceeded with the improvements associated with this project; and WHEREAS, the Township Engineer by letter dated May 17, 2012 recommends Change Order No. 1 and Final for this project be approved which represents a 17.63 percent decrease in the Contract award amount of $359,649.40; and WHEREAS, this Change Order represents as built quantities for the bid items as well as three supplemental items required to address field conditions all resulting in a final Contract amount of $296,235.00; 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 Change Order No. 1 and Final which is a net decrease of $63,414.40 from the original Contract amount of $359,649.40 for the project “The Reconstruction of Old Salem Road and Salem Place” with

A & J Contractor’s Group, Monroe Township, New Jersey be approved bringing the final contract amount to $296,235.00 or a 17.63 percent decrease from the original Contract amount. BE IT FURTHER RESOLVED that unexpended funds from West Orange’s Capital Improvement Fund be returned to that Fund for future roadway improvement projects. KAREN CARNEVALE, MUNICIPAL CLERK PATRICIA SPANGO, COUNCIL PRESIDENT I hereby certify funds are available from: Account No.: JOHN O. GROSS, CHIEF FINANCIAL OFFICER

May 17, 2012 Mayor and Township Council Municipal Building 66 Main Street West Orange, New Jersey 07052 RE: THE RECONSTRUCTION OF OLD SALEM ROAD AND SALEM PLACE CHANGE ORDER NO. 1 AND FINAL Mayor Parisi, Council President Spango, Councilwoman McCartney and Gentlemen: Attached please find Change Order No. 1 and Final for the project entitled “The Reconstruction of Old Salem Road and Salem Place”. This Change Order results in a net decrease of $63,414.40 in the Contract amount. The original contract award amount was $359,649.40. The final contract amount with A & J Contractors, Inc. of Monroe, New Jersey is $296,235.00. This Change Order reflects the as-built quantities for the items listed in the bid proposal as well as three supplemented items which were required during construction due to field conditions. The original Contract amount of $359,649.40 was funded by both a Transportation Trust Fund Grant in the amount of $279,500 and a Local Capital Budget Appropriation of $80,149.40. Thus the reduction of the Contract amount will enable West Orange to retain more of its own funding that was appropriated for this contract. A Resolution is attached approving Change Order No. 1 and Final for The Reconstruction of Old Salem Road and Salem Place. Very truly yours, Leonard R. Lepore, Municipal Engineer Director of Public Works LRL/tp enc. cc: John K. Sayers John Gross Richard D. Trenk Kenneth Kayser

May 22, 2012 Mayor and Township Council Municipal Building 66 Main Street West Orange, New Jersey 07052 RE: SPRING 2012 TREE PLANTING VARIOUS LOCATIONS Mayor Parisi, Council President Spango, Councilwoman McCartney and Gentlemen: Earlier this month the Township solicited six proposals for the project “Spring 2012 Tree Planting Various Locations”. This project will plant 100 shade trees along various municipal streets with many of them planted along streets where trees were removed to construct street improvements consisting of new curbs and in some cases new sidewalks. Of the six requests the Township received three proposals as follows with the contractor with the least cost listed first: 1. Cerbo’s Nursery 440 Littleton Road Parsippany, New Jersey 07054 $21,500.00 2. Argus Construction and Equipment, Inc. 34 Woodland Road Roseland, New Jersey 07068 $24,050.00 3. Vincent Anthony Landscape, LLC 54 Malapardis Road Whippany, New Jersey 07981 $47,480.00 The three companies that did not respond were: 1. Parker Landscaping & Construction P.O. Box 4126 Wayne, New Jersey 07054

2. Downe’s Tree Service 64 Royal Avenue Hawthorne, New Jersey 07506 3. Greenwood Tree Experts 60 Fulton Street Montville, New Jersey 07045 Most of the funding for this project will come from the No Net Tree Loss Grant the Township received a few years ago. Monies from this grant were used to perform the Spring 2010 Tree Replanting by Parker Landscaping and Construction Inc. totaling $26,125.00 and the Spring and Fall 2011 Tree Replanting by Argus Construction and Equipment, Inc. which totaled $84,655.70. The original grant was $128,100 which leaves $17,319.30 remaining from this grant for the Spring 2012 Tree Planting. The remainder of $4,180.70 will come from Local Capital Improvement Funding. Cerbo’s Nursery performed other tree planting for West Orange, and their work was very good. I recommend they be awarded a contract for the Spring 2012 Tree Planting in Various Locations for an amount not to exceed $21,500.00. A Resolution of Award for this “window” contract (exceeds $17,500 but is less than $36,000) is enclosed. Very truly yours, Leonard R. Lepore, Municipal Engineer Director of Public Works LRL/tp enc. cc: John K. Sayers Richard D. Trenk Kenneth Kayser John Gross John Linson file:award spring 2012 tree planting various locations

100-12 May 29, 2012 RESOLUTION AUTHORIZING A WINDOW CONTRACT SPRING 2012 TREE PLANTING IN VARIOUS LOCATIONS Pursuant to N.J.S.A. 19:44A-20.4 et seq. (New Jersey Local Unit Pay-To-Play Laws), the Township must award by resolution all goods and services contracts with a dollar amount between $17,500.00 and $35,999.00. These contracts are not bid, but vendors are still responsible to provide political contribution and company disclosure information in order to do business with the Township. WHEREAS, pursuant to the provisions of N.J.S.A. 19:44A-20.4 et seq., when the cost of goods and/or services that fall between $17,500.00 and the bid threshold of $36,000.00 in the aggregate, an approval by resolution must be in place prior to contract; and WHEREAS, the Township proposes to plant street shade trees at various locations along public streets; and WHEREAS, the Township had requested six proposals and received three quotes for this scope of work and has received a recommendation from the Municipal Engineer, Director of Public Works in the amount of $21,500.00 dated May 8, 2012 submitted by Cerbo’s Nursery, 440 Littleton Road, Parsippany, New Jersey 07054 as the most responsive and responsible quote to provide this work; and WHEREAS, the above named business or businesses have completed and submitted a Business Entity Disclosure Certification which certifies the business entity has not made any reportable contributions to a political or candidate committee in the Township of West Orange in the previous one year, and that the contract will prohibit the above named vendors from making any reportable contributions through the term of the contract. NOW THEREFORE, BE IT RESOLVED that the Township Council of the Township of West Orange authorizes the Purchasing Agent on behalf of the Township to issue and execute a Purchase Order for the foregoing, with funds certified available by the Chief Financial Officer; and BE IT FURTHER RESOLVED that the Business Administrator is hereby authorized to arrange to pay for the foregoing in accordance with the terms of the purchase order. BE IT FURTHER RESOLVED that the Business Disclosure Entity Certification and the Determination of Value be placed on file with this resolution and notice of this award will

rms of the purchase order. BE IT FURTHER RESOLVED that the Business Disclosure Entity Certification and the Determination of Value be placed on file with this resolution and notice of this award will be published in accordance with the applicable law. Karen J. Carnevale, Municipal Clerk Patricia Spango, Council President I hereby certify funds are available from: ACCOUNT NO.: 03-2169-22-7007-003 $4,180.70 and 01-005-510-00-10 $17,319.30 John O. Gross, Chief Financial Officer

101-12 LICENSE AGREEMENT FOR LIMITED USE OF POOL FACILITIES THIS AGREEMENT, effective May ___, 2012 upon full execution by all parties, between: Township of West Orange, as Licensor ("Township" or "Licensor") and The Montclair YMCA, as Licensee ("Montclair Y" or "Licensee") WHEREAS, the Montclair Y runs a competitive swimming program in the summer and requires pool time for the same; and WHEREAS, the Township owns a certain outdoor pool and surrounding facility in the Township located at 60½ Cherry Street, West Orange, New Jersey ("Pool Facility"). WHEREAS, the Montclair Y desires to use West Orange’s outdoor swimming pool and changing room facilities; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. License Date and Effective Date of Agreement. This License is made with an effective date of May ___, 2012 ("Effective Date"). This Agreement shall not be effective until the Township receives a copy of this Agreement executed by the President of the Board of Trustees or Executive Director of Licensee and the required insurance certificate approved by the Township Attorney along with a Resolution evidencing approval by the Licensor's Township Council. 2. Description of Agreement Premises. The premises licensed by Township to Licensee includes the pool and locker rooms located at 60 ½ Cherry Street in the Township of West Orange, New Jersey ("Premises"). 3. Term. The term of this License shall be from May 28, 2012 through August 25, 2012. 4. Licensee's Use. Licensee shall use the Premises for swim practices and not for any other use. The hours of use will be 6:00 a.m. until approximately 7:45 a.m. Monday through Friday. Assigned days and hours are subject to change during the period of this agreement if West Orange activities mandate such change. In the event of a conflict with a Township activity where pool and changing room use is required, the Township shall contact the Senior Aquatics Director of the Montclair Y as soon as the conflict is evident. No alternate arrangements need be made.