township of evesham regular council meeting · 5/27/2014  · whereas, fibrodysplasia ossificans...

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TOWNSHIP OF EVESHAM REGULAR COUNCIL MEETING May 27, 2014 4:00 PM - REGULAR MEETING I. Call to Order II. Flag Salute III. Statement of Conformance with the Open Public Meetings Act IV. Roll Call V. Regular Meeting May 6, 2014 Preliminary Public Comment on Agenda Items Only VI. PROCLAMATIONS Fibrodysplasia Ossificans Progressiva Awareness May 2014 - Food Allergy Awareness Month VII. WORK SESSION 1. Marketing Consultant's Report on Indian Spring Golf Course 2. Township Manager Update in Reference to Main Street and Maple Avenue 3. Update on Status of Abandoned Properties VIII. ORDINANCES - SECOND READING Ordinance No. 16-5-2014 (Public Hearing) An Ordinance To Amend Ordinance No. 28-11-2013, Entitled "An Ordinance of the Township of Evesham, County of Burlington, State of New Jersey Adopting Redevelopment Plan for Certain Properties Known as Block 3, Lot 3; and Block 27.02, Lot 2" IX. RESOLUTIONS Resolution No. 165-2014 Appointment to the Zoning Board of Adjustment - Regular Member (appointment required) Resolution No. 167-2014 Authorizing Emergency Temporary Appropriations (2014-9) APPROVAL OF MINUTES (In accordance with Section 3-9 of Code of Township of Evesham Limited to 5 minutes per speaker/not to exceed 15 minutes)

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Page 1: TOWNSHIP OF EVESHAM REGULAR COUNCIL MEETING · 5/27/2014  · WHEREAS, Fibrodysplasia Ossificans Progressiva is an illness characterized by normal bone forming in muscles and connective

TOWNSHIP OF EVESHAM

REGULAR COUNCIL MEETING May 27, 2014

4:00 PM - REGULAR MEETING

I. Call to Order

II. Flag Salute

III. Statement of Conformance with the Open Public Meetings Act

IV. Roll Call

V. Regular Meeting May 6, 2014

Preliminary Public Comment on Agenda Items Only

VI. PROCLAMATIONS

Fibrodysplasia Ossificans Progressiva Awareness

May 2014 - Food Allergy Awareness Month

VII. WORK SESSION

1. Marketing Consultant's Report on Indian Spring Golf Course

2. Township Manager Update in Reference to Main Street and Maple Avenue

3. Update on Status of Abandoned Properties

VIII. ORDINANCES - SECOND READING

Ordinance No. 16-5-2014 (Public Hearing)

An Ordinance To Amend Ordinance No. 28-11-2013, Entitled "An Ordinance of the Township of Evesham, County of Burlington, State of New Jersey Adopting Redevelopment Plan for Certain Properties Known as Block 3, Lot 3; and Block 27.02, Lot 2"

IX. RESOLUTIONS

Resolution No. 165-2014 Appointment to the Zoning Board of Adjustment - Regular Member (appointment required)

Resolution No. 167-2014 Authorizing Emergency Temporary Appropriations (2014-9)

APPROVAL OF MINUTES

(In accordance with Section 3-9 of Code of Township of Evesham

Limited to 5 minutes per speaker/not to exceed 15 minutes)

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X. CONSENT AGENDA

RESOLUTIONS

Resolution No. 168-2014 Resolution Authorizing Participation in the Electronic Tax Sale Program

Resolution No. 169-2014 Amending Resolution No. 22-2014 Designation of Official Township Newspapers

Resolution No. 170-2014 Resolution of the Township of Evesham, in the County of Burlington, New Jersey Authorizing the Township to Lease Approximately 96 (+/-) Acres of Township Owned Property Known as the Croft Farm, Block 31, Lot 9 Located at 1015 Tuckerton Road for a Period not to Exceed One (1) Year

Resolution No. 171-2014 Amendment to Contract - Evesham Recreation Center and Authorization of Change Order No. 1 with Respect Thereto

Resolution No. 172-2014 Amendment to Contract - Roof Structure Replacement and Related Work at the Rear Deck - Indian Spring Country Club (Base Bid and Alternate #1) and Authorization of Change Order No. 2 with Respect Thereto

Resolution No. 173-2014 Release of Performance Guarantee West Jersey Hospital Operating Room Expansion Block 26, Lot (S) 5.01 & 5.02 - On Site Improvements

Resolution No. 174-2014 Declaring Certain Property Known as Block 30, Lots 2.03 and 3.01 to Constitute an Area in Need of Rehabilitation within the Meaning and Intendment of the New Jersey Local Redevelopment and Housing Law

Resolution No. 175-2014 Award of Contract Gibson House Partial Reroofing for Department of Public Works

Resolution No. 176-2014 Award of Contract Resurfacing of the "E" Streets (Emery Hill Court, Endsleigh Place, Eustace Road, Eustace Terrace, Eustace Court, Everington Road)

Resolution No. 177-2014 Authorizing Township of Evesham Qualified Purchasing Agent to Award Contract for Provision of Electric Power Suppliers

NOTE: Consent Agenda items are considered to be routine and will be enacted with a single motion; any items requiring expenditure are supported by a Certification of Availability of funds; any items requiring discussion will be removed from

the Consent Agenda.

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MOTIONS

Approval of Application for Special Permit for Social Affair St. Joan of Arc Church Carnival - August 25, 2014 through August 30, 2014 100 Willow Bend Road - St. Joan of Arc Church Grounds Proceeds accrue to the Saint Joan of Arc School

XI. EXECUTIVE SESSION

Resolution No. 178-2014 Resolution Authorizing the Mayor, Township Council and Support Staff to Meet in Private Session and Authorizing the Exclusion of the Public from that Portion of the Meeting Dealing with Specific Issues Requiring Non-Public Discussions: Litigation and Contract Negotiations

XII. PUBLIC COMMENTS

XIII. STAFF COMMENTS

1. Manager’s Report

2. Solicitor’s Report

3. Engineer’s Report

4. Clerk’s Report

XIV. COUNCIL COMMENTS

XV. ADJOURNMENT

(In accordance with Section 3-9 of Code of Township of Evesham - Limited to 5 minutes per speaker)

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TOWNSHIP OF EVESHAM REGULAR COUNCIL MEETING

5/27/2014

Summary: Regular Meeting May 6, 2014

Recommendation: Minutes of Regular Council Meeting of May 6, 2014 for approval.

ATTACHMENTS:

Description Type

Minutes May 6, 2014 Backup Material

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TOWNSHIP OF EVESHAM REGULAR COUNCIL MEETING

5/27/2014

Summary: Fibrodysplasia Ossificans Progressiva Awareness

Recommendation: Proclamation for support of Fibrodysplasia Ossifican Progressiva disease.

ATTACHMENTS:

Description Type

Proclamation Backup Material

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ProclamationProclamationProclamationProclamation WHEREAS, Fibrodysplasia Ossificans Progressiva is an

illness characterized by normal bone forming in muscles and

connective tissue, forming an extra skeleton that immobilizes the body; and WHEREAS, Fibrodysplasia Ossificans Progressiva affects

children, usually in the first or second decade of life, being diagnosed by the age of ten, depriving children of normal development; and

WHEREAS, this genetic disorder affects an estimated two

thousand five hundred people worldwide, two hundred of them in the United States, and twelve confirmed cases in this State; and

WHEREAS, the University of Pennsylvania is the only known

research facility investigating a cure for F.O.P. anywhere in

the world; and WHEREAS, numerous states, countries and international

organizations have joined together to increase public awareness

of this devastating, rare genetic disorder, to promote research to find the cure; and WHEREAS, the Township Council of the Township of Evesham

recognizes the need for awareness and research concerning F.O.P. to alleviate the suffering of those people affected.

NOW, THEREFORE, I, Randy Brown, Mayor of the Township of

Evesham, on behalf of the Township Council, wish to raise awareness of this devastating disease and urge all resident of

Evesham Township to learn about Fibrodysplasia Ossificans Progressiva with the hope of developing a treatment and cure.

Dated this 27th day of May, 2014 in Marlton, New Jersey

_________________________________ Randy Brown, Mayor

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TOWNSHIP OF EVESHAM REGULAR COUNCIL MEETING

5/27/2014

Summary: May 2014 - Food Allergy Awareness Month

Recommendation: Proclamation for Food Allergy Awareness Month

ATTACHMENTS:

Description Type

Proclamation Food Allergy Awareness Month Backup Material

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Proclamation WHEREAS, 15 million Americans have food allergies; nearly 6

million are children under the age of 18; and

WHEREAS, research shows that prevalence of food allergy is

increasing among children; and WHEREAS, eight foods cause 90% of all food allergy

reactions in the United States; shellfish, fish, milk, eggs, tree nuts, peanuts, soy and wheat; symptoms of a food-allergic

reaction can include hives, vomiting, diarrhea, respiratory distress and swelling of the throat; and WHEREAS, food allergies result in more than 300,000

ambulatory care visits each year involving children under the age of 18; and reactions typically occur when an individual unknowingly eats a food containing an ingredient to which they

are allergic; and WHEREAS, there is no cure for food allergy and scientists

do not understand why. Strict avoidance of the offending food

is the only way to prevent an allergic reaction; and WHEREAS, anaphylaxis is a serious allergic reaction that is

rapid in onset and may cause death; and

NOW, THEREFORE, I, Randy Brown, Mayor of the Township of

Evesham, on behalf of the Township Council, do hereby proclaim:

MAY 2014

As FOOD ALLERGY AWARENESS MONTH

in Evesham Township and encourage residents to get involved in education on how to avoid triggering food allergy reactions.

_________________________________

Randy Brown, Mayor

Dated this 27th day of May, 2014 in Marlton, New Jersey

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TOWNSHIP OF EVESHAM REGULAR COUNCIL MEETING

5/27/2014

Summary: Township Manager Update in Reference to Main Street and Maple Avenue

Background: Township Manager Update in reference to Main Street and Maple Avenue

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TOWNSHIP OF EVESHAM REGULAR COUNCIL MEETING

5/27/2014

Summary: Update on Status of Abandoned Properties

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TOWNSHIP OF EVESHAM REGULAR COUNCIL MEETING

5/27/2014

Summary: Ordinance No. 16-5-2014 (Public Hearing)

Background: An Ordinance To Amend Ordinance No. 28-11-2013, Entitled "An Ordinance of the Township of Evesham, County of Burlington, State of New Jersey Adopting Redevelopment Plan for Certain Properties Known as Block 3, Lot 3; and Block 27.02, Lot 2"

ATTACHMENTS:

Description Type

Amend Ordinance No. 28-11-2013 Cover Memo

CLK - Ord 16-5-2014 - PB recomendation memo Backup Material

Page 12: TOWNSHIP OF EVESHAM REGULAR COUNCIL MEETING · 5/27/2014  · WHEREAS, Fibrodysplasia Ossificans Progressiva is an illness characterized by normal bone forming in muscles and connective

(Rev. 5/6/14 @ 1:08)

TOWNSHIP OF EVESHAM

ORDINANCE 16-5-2014

AN ORDINANCE TO AMEND ORDINANCE NO. 28-11-2013, ENTITLED “AN

ORDINANCE OF THE TOWNSHIP OF EVESHAM, COUNTY OF BURLINGTON,

STATE OF NEW JERSEY ADOPTING REDEVELOPMENT PLAN FOR CERTAIN

PROPERTIES KNOWN AS BLOCK 3, LOT 3; AND BLOCK 27.02, LOT 2”

WHEREAS, by Ordinance 28-11-2013, the Township Council of the Township of

Evesham adopted a Redevelopment Plan for certain property known as Block 3, Lot 3

(formerly known as “G Boys”), and Block 27.02, Lot 2 (also known as “Tri-Towne Plaza”);

and

WHEREAS, the Township Council believes that redevelopment should occur through

a unified, comprehensive, and integrated process, which recognizes the impact different

tenancies may have upon other uses and tenancies, as well as site improvement issues such as

on-site and off-site parking, the relationship between the site and surrounding areas and

neighborhoods, and, particularly with regard to the Tri-Towne Plaza, the achievement of the

goal of the Redevelopment Plan to integrate as closely as possible the subject property with

Main Street and downtown Marlton; and

WHEREAS, in order to advance the goals of the Redevelopment Plan, the Township

Council has determined that only the Township’s approved Redeveloper be permitted to submit

application(s) to the Township’s Planning Board for site plan and other land use approvals for

the Redevelopment Area; and

WHEREAS, the Superior Court of New Jersey, Appellate Division, has approved this

type of control over Redevelopment Projects in Redevelopment Areas in D&M Asbury Realty,

LAW OFFICE

Parker McCay P.A.

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2

LLC, et al v. City of Asbury Park, et al, Docket No. A-3022-03T5, etc. (2006 N.J. Super.

unpublished LEXIS 716, January 14, 2006).

NOW, THEREFORE, BE IT ORDAINED AND ENACTED, by the Township

Council of the Township of Evesham, County of Burlington, State of New Jersey as follows:

Article I. Preamble Adopted as Basis for Amendment. The foregoing paragraphs of

this Ordinance are hereby adopted and repeated herein as if set forth at length as the factual

predicate for, and the underlying purpose behind, the adoption of this Ordinance.

Article II. Designated Redevelopment Application Limitations. The Redevelopment

Plan adopted by Ordinance 28-11-2013, is hereby amended the add the following requirement:

“No Applicant may submit an application for any land use approvals

for properties included within the Redevelopment Area, unless the

Township Council, as the redevelopment entity, has approved that

Applicant as the designated Redeveloper of the Property, and has

entered into a Redevelopment Agreement, or at a minimum, a

Memorandum of Understanding, outlining the Redeveloper’s

responsibilities regarding the Property in question. Nothing herein

contained, however, shall prohibit the Redeveloper, subject to

Council’s prior approval, from entering into agreements with other

developers to participate in the redevelopment of the Property.”

Article III. Repealer, Severability and Effective Date.

A. Repealer. Any and all Ordinances inconsistent with the terms of this

Ordinance are hereby repealed to the extent of any such inconsistencies.

B. Severability. In the event that any clause, section, paragraph or sentence of

this Ordinance is deemed to be invalid or unenforceable for any reason, then

the Township Council hereby declares its intent that the balance of the

Ordinance not affected by said invalidity shall remain in full force and effect

to the extent that it allows the Township to meet the goals of the Ordinance.

C. Effective Date. This Ordinance shall take effect upon proper passage in

accordance with the law.

EVESHAM TOWNSHIP COUNCIL

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3

ROLL CALL VOTE Upon Introduction COUNCIL MEMBER INTRODUCED SECONDED AYE NAY ABSTAIN ABSENT

D’ANDREA

DiENNA

HACKMAN

ZEULI

MAYOR BROWN

ROLL CALL VOTE Upon Adoption COUNCIL MEMBER INTRODUCED SECONDED AYE NAY ABSTAIN ABSENT

D’ANDREA

DiENNA

HACKMAN

ZEULI

MAYOR BROWN

Adopted on second and final reading on

________________________________.

________________________________

Mayor

Attest: _________________________________

Clerk

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TOWNSHIP OF EVESHAM REGULAR COUNCIL MEETING

5/27/2014

Summary: Resolution No. 165-2014

Background: Appointment to the Zoning Board of Adjustment - Regular Member (appointment required)

ATTACHMENTS:

Description Type

Appointment to the Zoning Board Backup Material

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C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\E18C896A-0E80-4473-B21B-FAD8E7DB11BE\EveshamAgenda.305.1.Zone_Bd_Regular-5-27-14_appt.docx

ROLL CALL VOTE

COUNCIL MEMBER INTRODUCED SECONDED AYE NAY ABSTAIN ABSENT D’ANDREA DIENNA HACKMAN ZEULI MAYOR BROWN

TOWNSHIP OF EVESHAM

RESOLUTION NO. 165-2014

APPOINTMENT TO THE ZONING BOARD OF ADJUSTMENT

REGULAR MEMBER

WHEREAS, there exists a vacancy in the Office of Zoning

Board of Adjustment Regular Member of the Township of Evesham.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of

the Township of Evesham, County of Burlington, State of New

Jersey that the following appointment be made to the Zoning

Board of Adjustment of the Township of Evesham:

Regular Member Unexpired Four Year Term to Expire June 30, 2016 ________________________ I HEREBY CERTIFY that the foregoing Resolution was adopted

by the Township Council of the Township of Evesham, County of

Burlington, State of New Jersey at their meeting held in the

Meeting Room of the Municipal Complex, 984 Tuckerton Road,

Marlton, New Jersey 08053 on May 27, 2014.

Mary Lou Bergh, Township Clerk

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TOWNSHIP OF EVESHAM REGULAR COUNCIL MEETING

5/27/2014

Summary: Resolution No. 167-2014

Background:

Authorizing Emergency Temporary Appropriations (2014-9)

Recommendation: I am requesting approval of a temporary emergency budget. This particular resolution provides authorization to pay debt service obligations arising from the bond anticipation note issued to fund the construction of the new ball field complex on the Johnston Tract.

ATTACHMENTS:

Description Type

CLK - Resolution 167-2014- Temporary Emergency Appropriations

Backup Material

CLK - Res 167-2014 Schedule A Backup Material

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C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\6A92785C-151A-47BD-B17C-A6BCE6354F72\EveshamAgenda.308.1.Auth_Emer_Temp_App_2014-9.docx

TOWNSHIP OF EVESHAM

RESOLUTION NO. 167-2014

AUTHORIZING EMERGENCY TEMPORARY APPROPRIATIONS (2014-9)

WHEREAS, the Township Council of the Township of Evesham enacted a temporary budget to cover the period from January 1, 2014 to the date of adoption of the budget; and

WHEREAS, N.J.S. 40A:4-20 permits the Township Council by a two-thirds (2/3) vote of the full membership, to make emergency temporary appropriations; and

WHEREAS, the Township Council wishes to make the emergency temporary appropriations shown in Schedule "A" attached hereto and made part hereof.

NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of Evesham, County of Burlington, State of New Jersey, as follows:

1. That the Township Council by a two-thirds (2/3) vote of the full membership hereby makes the emergency temporary appropriations as shown on Schedule "A" attached hereto and made part hereof. 2. That a copy of this Resolution shall be filed forthwith with the Director of the Division of Local Government Services. I HEREBY CERTIFY that the foregoing resolution was adopted by the Township Council of the Township of Evesham, County of Burlington, State of New Jersey, at their meeting held in the Municipal Building, 984 Tuckerton Road, Marlton, NJ 08053 on May 27, 2014. ______________________________________ Mary Lou Bergh, Township Clerk

ROLL CALL VOTE

COUNCIL MEMBER INTRODUCED SECONDED AYE NAY ABSTAIN ABSENT

D’ANDREA

DIENNA

HACKMAN

ZEULI

MAYOR BROWN

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TOWNSHIP OF EVESHAM REGULAR COUNCIL MEETING

5/27/2014

Summary: Resolution No. 168-2014

Background: Resolution Authorizing Participation in the Electronic Tax Sale Program

Recommendation:

Pursuant, the DLGS requires a resolution to conduct Tax Sale via electronic auction.

ATTACHMENTS:

Description Type

Clk - Resolution Electronic Tax Sale Program Backup Material

Agreement for Services Electronic Tax Sale Backup Material

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C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\CBC768ED-ECD6-4AE6-9AB7-8BDA5B0BD2D3\EveshamAgenda.321.1.On_line_Tax_Auction.docx

TOWNSHIP OF EVESHAM

RESOLUTION NO. 168-2014

RESOLUTION AUTHORIZING PARTICIPATION IN THE ELECTRONIC TAX SALE PROGRAM

WHEREAS, NJSA 54:5-19.1 authorizes electronic tax sales

pursuant to rules and regulations to be promulgated by the

Director of the Division of Government Services; and

WHEREAS, the Director of the Division of Local Government

Services has promulgated rules and regulations for pilot programs;

and

WHEREAS, the Director of the Division of Local Government

Services has approved NJTaxLienInvestors.com/RealAuction to

conduct pilot programs; and

WHEREAS, the rules and regulations authorize a municipality

to submit an application for participation in the pilot program

for an electronic tax sale; and

WHEREAS, an electronic tax sale is innovative and provides a

greater pool of potential lien buyers, thus creating the

environment for a more complete tax sale process; and

WHEREAS, the Township of Evesham wishes to participate in the

pilot program for an electronic tax sale.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of

the Township of Evesham, County of Burlington, and State of New

Jersey, that the Tax Collector is hereby authorized to complete

an application to participate in the electronic tax sale program

and submit same to the Director of the Division of Local

Government Services.

I HEREBY CERTIFY that the foregoing resolution was adopted by

the Township Council of the Township of Evesham, County of

Burlington, State of New Jersey at their meeting held in the

Meeting Room of the Municipal Complex, 984 Tuckerton Road,

Marlton, New Jersey 08053 on May 27, 2014.

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C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\CBC768ED-ECD6-4AE6-9AB7-8BDA5B0BD2D3\EveshamAgenda.321.1.On_line_Tax_Auction.docx

Mary Lou Bergh, Township Clerk

ROLL CALL VOTE

COUNCIL MEMBER INTRODUCED SECONDED AYE NAYE ABSTAIN ABSENT

D’ANDREA

DIENNA

HACKMAN

ZEULI

MAYOR BROWN

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TOWNSHIP OF EVESHAM REGULAR COUNCIL MEETING

5/27/2014

Summary: Resolution No. 169-2014

Background: Amending Resolution No. 22-2014 Designation of Official Township Newspapers

Recommendation: To change main paper to Burlington County Times and Central Record second.

ATTACHMENTS:

Description Type

CLK Res - Designation Official Township Newspaper

Backup Material

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C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\AA576D43-C2C0-4B28-99AE-82D95692AAA2\EveshamAgenda.284.1.Official_Newspapers-AMENDING_primary_official_paper.docx

ROLL CALL VOTE

COUNCIL MEMBER INTRODUCED SECONDED AYE NAY ABSTAIN ABSENT

D’ANDREA

DIENNA

HACKMAN

ZEULI

MAYOR BROWN

TOWNSHIP OF EVESHAM RESOLUTION NO. 169-2014

AMENDING RESOLUTION NO. 22-2014 DESIGNATION OF OFFICIAL TOWNSHIP NEWSPAPERS

WHEREAS, N.J.S.A. 40:53-1 states that the governing body of every

municipality may designate official newspapers for publication of all

advertisements and notices required by law to be published by the

municipality; and

WHEREAS, N.J.S.A. 40:53-2 states that all ordinances or other

public notices which any municipality may be required by any law to

publish, where the manner of publication is not otherwise specifically

provided for, shall be published in at least one newspaper, published

and circulating in the municipality and if there be no such newspaper,

then in at least one newspaper published in the county in which the

municipality is located and circulated in the municipality; and

WHEREAS, the Township Council has been unable to locate a

newspaper which is both published and circulated in the municipality and

therefore desires to designate certain newspapers which are published in

the county and circulated in the municipality as primary and secondary

newspapers.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the

Township of Evesham, County of Burlington, State of New Jersey, that

The Burlington County Times is hereby designated the primary official

newspaper and hereby designated The Central Record as the secondary

official newspaper for a one year term to expire December 31, 2014.

I HEREBY CERTIFY that the foregoing Resolution was adopted by the

Township Council of the Township of Evesham, County of Burlington, State

of New Jersey, at a meeting held in the Municipal Complex, 984 Tuckerton

Road, Marlton, New Jersey 08053 on May 27, 2014.

____________________________________ Mary Lou Bergh, Township Clerk

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TOWNSHIP OF EVESHAM REGULAR COUNCIL MEETING

5/27/2014

Summary: Resolution No. 170-2014

Background:

Resolution of the Township of Evesham, in the County of Burlington, New Jersey Authorizing the Township to Lease Approximately 96 (+/-) Acres of Township Owned Property Known as the Croft Farm, Block 31, Lot 9 Located at 1015 Tuckerton Road for a Period not to Exceed One (1) Year

Recommendation: On May 6, 2014 RFP's were received for Leasing of Township Land for Agricultural Use. My recommendation is to award the lease to Craig Higginbotham Farm. Their Fee Proposal was $27.50 per acre x 70 acres for a total of $1,925.00 for year 2014.

ATTACHMENTS:

Description Type

CLK - Res 170-2014 Lease Croft Farm Backup Material

CLK-Agriculture Croft Farm Lease Agreement Backup Material

RFP - Higginbotham Backup Material

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C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\ECFD6882-0BA6-41A9-9EFF-7DC31E242FF7\EveshamAgenda.325.1.Resolution-Leasing_of_Township_Prop_for_Agricultural_Use-Croft_Farm.doc

TOWNSHIP OF EVESHAM

RESOLUTION NO. 170-2014

RESOLUTION OF THE TOWNSHIP OF EVESHAM, IN THE COUNTY OF BURLINGTON, NEW JERSEY AUTHORIZING THE TOWNSHIP TO LEASE

APPROXIMATELY 96 (+/-) ACRES OF TOWNSHIP OWNED PROPERTY KNOWN AS THE CROFT FARM, BLOCK 31, LOT 9 LOCATED AT 1015 TUCKERTON ROAD

FOR A PERIOD NOT TO EXCEED ONE (1) YEAR

WHEREAS, the Township of Evesham owns 96 (+/-) acres of

property known as Croft Farm, as officially identified on the

Township map as Block 31, Lot 9; and

WHEREAS, the Township has no immediate use for the

Property; and

WHEREAS, pursuant to the provisions of N.J.A.C. 7:36-1 et.

seq., the Township may, in accordance with the regulations

promulgated thereunder, lease the property for farming purposes;

and

WHEREAS, the Township, concurrent with this Resolution, has

prepared lease specifications offering to lease the property to

Craig Higginbotham Farm, for farming purposes.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of

the Township of Evesham, in the County of Burlington, State of

New Jersey as follows:

1. The Township of Evesham hereby affirms authorization

to enter into a leasehold agreement with a lessee for the

express purpose of farming the Property.

2. The lease agreement between the Township and the

prospective lessee shall be prepared in accordance with the

lease specifications as proposed.

3. The Township Mayor is hereby authorized to execute on

behalf of the Township, any and all documents to memorialize a

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C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\ECFD6882-0BA6-41A9-9EFF-7DC31E242FF7\EveshamAgenda.325.1.Resolution-Leasing_of_Township_Prop_for_Agricultural_Use-Croft_Farm.doc

lease with the current lessee, Craig Higginbotham Farm, for a

period not to exceed one (1) year.

I HEREBY CERTIFY that the foregoing resolution was adopted

by the Township Council of the Township of Evesham, County of

Burlington, State of New Jersey, at its meeting held in the

Meeting Room of the Municipal Complex, 984 Tuckerton Road,

Marlton, New Jersey 08053 on May 27, 2014.

______________________________________

Mary Lou Bergh, Township Clerk

ROLL CALL VOTE

COUNCIL MEMBER INTRODUCED SECONDED AYE NAY ABSTAIN ABSENT

D’ANDREA

DIENNA

HACKMAN

ZEULI

MAYOR BROWN

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TOWNSHIP OF EVESHAM REGULAR COUNCIL MEETING

5/27/2014

Summary: Resolution No. 171-2014

Background:

Amendment to Contract - Evesham Recreation Center and Authorization of Change Order No. 1 with Respect Thereto

ATTACHMENTS:

Description Type

CLK - Res 171-2014 - CO #1 Rec Center Backup Material

Schedule A - Change Order No. 1 Backup Material

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C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\F2BF7124-0E78-443F-B835-47384C3AED6C\EveshamAgenda.326.1.Bid_2014-Evesham_Recreation_Center_Johnston_Tract_Change_Order_No_1.doc

TOWNSHIP OF EVESHAM RESOLUTION NO. 171-2014

AMENDMENT TO CONTRACT

EVESHAM RECREATION CENTER

AND AUTHORIZATION OF CHANGE ORDER NO. 1

WITH RESPECT THERETO

WHEREAS, the Township Council, by way of a previous

resolution and after competitive bidding, awarded a contract to

AMERICAN ATHLETIC COURTS, INC., 2050 Route 206, Vincentown, New

Jersey 08088 to provide for the development of a baseball/softball

complex to be known as the “Evesham Recreation Center”, in the

Township of Evesham in accordance with the terms and conditions of

specifications which are on file in the Office of the Township

Clerk and available for public inspection during regular business

hours; and

WHEREAS, CME Associates, Consulting and Municipal Engineers,

the Township’s agent responsible for supervising the installation

of said improvements for the Township of Evesham, has advised the

Township Manager, by way of correspondence and Change Order

Request No. 1 that the contract should be amended to change

contract quantities and provide for supplemental work, and that

said changes do not materially expand upon the size, nature, or

scope of the original project as described in the specifications,

said work being beyond the contemplation of the parties at the

time of the execution of the original agreement and not being

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C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\F2BF7124-0E78-443F-B835-47384C3AED6C\EveshamAgenda.326.1.Bid_2014-Evesham_Recreation_Center_Johnston_Tract_Change_Order_No_1.doc

known until work commenced; and

WHEREAS, the aforesaid amendments result in no change to the

contract amount; and

WHEREAS, N.J.A.C. 5:30-11.4 provides that the governing body

may authorize change orders and amend contracts in accordance with

the procedures set forth in said regulations, and the Township's

Chief Financial Officer, as required by N.J.A.C. 5:30-5.1, has

certified that there are sufficient funds available for the

purpose of awarding a contract to said entity; and

WHEREAS, the Township Council has reviewed the aforementioned

request and desires to act favorably with respect to same and to

amend the contract accordingly and to approve the change order.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the

Township of Evesham, in the County of Burlington and State of New

Jersey, as follows:

1. That the Township Council, based upon the aforementioned

certificate, hereby declares that there are sufficient funds

appropriated for the purposes of expending funds for the aforesaid

purpose.

2. That the Township Council, for the aforementioned

reasons, hereby amends the aforementioned contract to change

contract quantities and provide for supplemental work in

accordance with the terms and conditions of the aforementioned

correspondence, said correspondence and request being attached

hereto as Schedule A and made a part of hereof by reference

hereto.

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C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\F2BF7124-0E78-443F-B835-47384C3AED6C\EveshamAgenda.326.1.Bid_2014-Evesham_Recreation_Center_Johnston_Tract_Change_Order_No_1.doc

3. That the amendments to change contract quantities and

provide supplemental work result in no change to the contract

amount.

4. That the Township Council hereby directs the Township

Mayor and Clerk to execute any and all contract documents

necessary to effectuate the terms of this resolution, subject to

review, revision and approval by the office of the Township

Attorney.

I hereby certify that the foregoing Resolution was adopted by

the Township Council of the Township of Evesham, County of

Burlington, State of New Jersey, at its meeting held in the

Meeting Room of the Municipal Complex, 984 Tuckerton Road,

Marlton, New Jersey 08053 on May 27, 2014.

________________________________________ Mary Lou Bergh, Township Clerk

ROLL CALL VOTE COUNCIL MEMBER INTRODUCED SECONDED AYE NAY ABSTAIN ABSENT D’ANDREA DIENNA HACKMAN ZEULI MAYOR BROWN

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C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\F2BF7124-0E78-443F-B835-47384C3AED6C\EveshamAgenda.326.1.Bid_2014-Evesham_Recreation_Center_Johnston_Tract_Change_Order_No_1.doc

AMENDMENT TO CONTRACT

EVESHAM RECREATION CENTER

AND AUTHORIZATION OF CHANGE ORDER NO. 1

WITH RESPECT THERETO

THIS AGREEMENT entered into this day of ,

2014 by and between the TOWNSHIP OF EVESHAM, a municipal

corporation organized under the laws of the State of New Jersey,

having its principal place of business at 984 Tuckerton Road,

Marlton, New Jersey 08053 (hereinafter referred to as “TOWNSHIP”)

and AMERICAN ATHLETIC COURTS, INC., 2050 Route 206, Vincentown,

New Jersey 08088 (hereinafter referred to as “CONTRACTOR”);

W I T N E S S E T H

WHEREAS, the Contractor has been awarded a contract by the

Township of Evesham for services in connection with the

development of a baseball/softball complex to be known as the

“Evesham Recreation Center, in the Township of Evesham in

accordance with the terms and conditions set forth in said

contract; and

WHEREAS, CME Associates, Consulting and Municipal Engineers,

the agent responsible for supervising the aforesaid services, has

advised the Township Council, through the Township Manager, by way

of a correspondence and the submission of the appropriate change

order request, that the Contractor has requested an approval of

Change Order No. 1, and an amendatory contract to authorize

changes in contract quantities and to provide supplemental work;

and

WHEREAS, the Township Council has reviewed said request and

change order and desires to act favorably pursuant thereto.

NOW, THEREFORE, in consideration of the mutual covenants,

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C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\F2BF7124-0E78-443F-B835-47384C3AED6C\EveshamAgenda.326.1.Bid_2014-Evesham_Recreation_Center_Johnston_Tract_Change_Order_No_1.doc

terms and conditions, the parties hereby agree as follows:

1. The parties agree that the contract for the development

of a baseball/softball complex to be known as the “Evesham

Recreation Complex”, in the Township of Evesham is hereby amended

to increase the amount due and owing to American Athletic Courts,

Inc., 2050 Route 206, Vincentown, New Jersey 08088, in the manner

set forth in the attached Schedule A, said Schedule A being the

correspondence and change order request.

2. The parties hereby agree to amend said contract by

Change Order No. 1 to change contract quantities and to provide

supplemental work.

3. The parties hereby agree that there shall be no change

to the contract amount, which remains at $5,344.149.75.

4. The parties agree that the terms, conditions,

agreements, and understandings contained in this amendatory

contract constitute the entire agreement between the parties.

IN WITNESS WHEREOF, the parties hereto have set hands and

seal the day and date as written above.

ATTEST: AMERICAN ATHLETIC COURTS, INC.

_______________________ _______________________________ William Narozanick, President

ATTEST: TOWNSHIP OF EVESHAM

_________________________________ ____________________________________________

Mary Lou Bergh, Randy Brown, Mayor Township Clerk

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ASSOCIATES

, l ( ) l N l l . A . t ( ] A l i , l l l | | ( t 1 ) [ i r 2 0 0 1 ))AV ) ' I rAM0t | | t . | l t

. t o l l N . l . l l t , A N t , l | | . l i . t l tI A Y [ ( ] ( ) 1 l N | t P t . | l l

M t o l t A t x L . , . [ 4 d ) 1 . t L ] A N t ) | t , , I l l( i l t l , ( ]0 l rY i r v^r L. f i r1t , l r I

I l i l ( ) T l l Y W ( i l t . l l , N I t . , l t ll l | l l c t . M K ( n ) | | 1 . , I lDt : InA[4 t t ] lAN. l l

l l l l : v o l l . l t ] q Y l ( ) t ! | t . . l t lL .OUtS ,1. l 'L OI iKONKA, ' l

May 16 , 2014

SentvlaElectronlc&ReqularMall

Ms, Nancy Jamanow, PEDirector of Community DevelopmentTownship of Evesham984 Tuckerton RoadMarlton, NJ08053

Change Order No, 1Evesham Recreation CenterTownship of Evesham, Burlington County, NJCMEFile: H-EV-00203-01

Dear Ms. Jamanow:

Transmitted herewith please find Change Order No, 1 for the above-referenced projectfor your further handling. The Change Order reflects additional items as requested bythe Township including the addit ion of monument signs, scoreboard signs, sodinstallation, overhead entry sign modification, and other associated work. The changeorder also includes the reduction of unused quantities to offset costs for the additionalwork requested by the Township,

Change Order No, 1 results in no change to the contract amount.

We trust this is the informationquestions or comments, please do

require at this time; however, if you have anyyounolhesitate to contact this office.

Very truly yours,

CME

ct\4E

GRV/BMEnclosures

S:\Eveshanr Townsh p\Pro ject F les\203. 01 Johnsion Tract Recr eat ional Complex\Correspondence\14-05-16 Change Order #1 Lh doc

COI\E|,JLT|ISA{D Mthll@A ENGNEEI61460 ROUTE 9 SOUTH, HOWELL, NEW JERSEY 07731 - 17321 162-7400 - FAXI (732) 409-0756

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Ddte Propor$d; 6/14/2014Our Fl lo No. I HEV00203.01

.@-

g,nFAltoc^lE

CONSULIING ANO MUNIOPA INGINEEIT'

1fi0 Routr 08ou$, Hotoll, itrl 0??ll

1490 Routo I 8outh, Howoll, NJ 07731(732)4S2-7400 FAX: (732)400-0768

ChangoOrdorNo. l

Pfol€ct Name: Eveshaln Recreation Conter@ Townshlp of EveshamgglEgglgc American Athletic Courts, Inc.E!g: May6, 2014

Your are hereby advised of the lollowing changas in tho Conl'F,ct Quantities, or in case of supplamentalwork, you agree to its petfotmance by your lim at the picss stated hareln.

Locqtion of Chanqe: Throuthout the project siteNature&ReasonforChanoe:

- Monumoni signs requ€sted by ths Townshlp to be looated bohlnd the backstop on all four fleids- Additional scoroboard slgns wero requested by tho Town6hip- Pllchhg rubbers and home plateo wsre roquesl€d by the Township to b6 Installed In the bullponarsas and battlng cage 6reas- PSE&G Required up{ronl payment for parking lot and walkway llghts prior to ordsrlng andinstallallon- The oveftead entry sign was modlflod to lnclude e two-$id€d slgn and backlighting- Electrical transformerg rolooated hto the utility room of th€ conc€6slon bulldlng and additionalwiring for flagpolo lights-Additional slectrical servlce to the pump control pan€l for pump station and sump pump for watsrmetor plt requirod by MUA-The water m6tor vault was requlred was larger than typlcal metor va!lts and required additionalconcr ete and comDonents- Sod lnstellation as requssted by tho Townshlp-Ths sanitary s6wel design was rsvissd to include an small pump $t6tion which resulted In a creditto the Township-Ths walkway lights have been reduced to provide I credit for tha light poles and fixlures wtrichare supplied and instelled by PSE&G- There is a reduclion of unused over excavation and K*4 sand within th€ basins, storm sswet andplping to offsot cogls for the sbov€-Additional 4" water main was raquhod to feed th6 cam lock connections at each field

-Th6 turf maintenance contrgct is remov6d as raqu€sted by the Township.

Tho supplementary wo ft describod hersin, in ou opinion, could not have reasonably been e ff ectudted bya separately bid contract without unduly dlsrupting the basic work, or wlthout impos,ng €dvarso coslconsequences to the Township.

SUPP.'1ironum6nt Slqns LS $t5,5txr,0u 5,500.00SUPP.2Scoaeboard Slgns LS $9,311,23 9,311.23

Sr\Evesham Townshlp\Proj€ct Fllos\203. 01 Johnston Tr{ct Reor€ationsl Compl€x\Conespondenc€\l4-05-06 Change Order #1

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DatoPropdredt 5/14/2014Ouf Fl ls No, i I |EV00203, 01

SUPP.3Pltchlng Rubber6 & Hom€ PlatoE In Batllnf Cq0€s &BullDons 1 $6,700.72 $6,700.72

SUPP-4PSE&G pad(lno lot snd wslkway ll0ht6 $44,460.14 844,460, 14SUPP.5Overhgad Entiy slgn modincatlon $12,484, $12,4M,s0SUPP.6Electdcsl Transfofinsr reloc€tion lo utlllly room & flagpolo

lghllng 1 LS $5,670,0! $5,070,00SUPP.7

Pump statlon control panel & watsr motar plt sump pump 1 $3,937,5C $3.037.50Rsvlsed wEtgr m€ter vault $18,800. $16,800.00

SUPP.gSod hstallatlon 48,O24 SF $0.44 .$t_1EZS,!q6UPP-1CSdnliary Pump Station Installatlon $14,575, 2C $14,575,20

co-1 G6n6Igl excavallon, unclssslfled, for underouttinO/oyorcxcsvallon in Infiluqtion Beolng (only ll qnd whero ord€red)(b id l l emT) (484) CY $10,00 ($4,840.00)

co-2Furnlgh and Ingtall K-4 Sand In afdas of ovot €xcavatlon onlyn Inf ltratlon Baslns (only if and wh€re ordered) (bld ltam 8) (484 CY $20,oo ($9,880,00)

Furnlsh and Inetall '12" Rolnforcod Conueto Pipo, Cla0o V,W/gaskel, lnoluding exc€v8tlon, bgckllll gnd compacllon (bldtem10) (571 $34.00 ($1, s38.00)

co.4 F!fnlsh snd lnetall 12' Roinfotced Concr€te Plo€, Cla€8 lll,d gaskol, Includlng excavatlon, backilll and compsction (bidt e m l l ) (601 LF $33,2s {s1.995.001

co-5 Furnlsh and Install 15" Rolnforc€d Concr€te Plpe, Cla8s V,M Oaskot, Includlng excqvotlon, baokflll Erd compoctlon (bldtern 12) 144 LF $30,2! ($1,595.001

co.6 Furnlsh and hstall 10' Relnforced Concr€to Flpo, Class V,w/ gEsket, Includlng €xc€vston, backill and compacllon (bldI t€m13) (261 LF $38.25 ($s94.50)

co-7 Furnlsh and Install24' Relnforc€d Concreto Plpe, class V,W/ gask6t, lncJudlng oxcavatlon, backfill qnd oompsetlon (bldI t€m14) (142) LF $5375 ($7,632.50

co-8 Fumlsh shd ln8tall 24" Rolniorc€d Concr€to Pip€. Claoo lll,,v/ geskel, Includlng sxcsvatlon, backf ll end compactlon (bldtem15) ( 1 { $53,00 ($563,00)

co.9 Furnl6h and lnstsll 8" Solid HDPE Pltra hcludlng oxcevBtlon,bqckf ll and compoctlon (bld llom 16) (28 $260C ($728, oo)

co.10 Furnlsh and Instsll 8" Solid HDPE Plp€ Inoludlng €xcavallon,backflll and oompaction (bld ltem 17) (401 LF $24.0C (s06o.o0l

co-11 6' SDR-35 Sonltsry S6w6r Plpo (bld ltem 2S) (400 L F $67.23 ($28, 042. 7Cco-12 Sanitary Bewer bulldlno s6rvlca connootlon Includln0

cl€anouts (bld ltom 30) \2" UN $500. 00 ($1,000,00)RoadwEy Trench Repok (bld ltem 31) (150 SY $195.00 (920,250,00

co'14 Fumirh and install 4" PVC C900, Wat6r [,,lalo lnclud]ngbgnds, flttlngs, thrust blocke, oxcavatlon, plp€ bsddlng,backflll and compsc{lon (bld ltom 36) 25C LF s42.4C

co.15Furnish 6nd Inetall t0' Hlch Cheln Llnk Fono€ (bld ltom 5E) (1201LF $3s.75 ($4,770.00)

con6 Furnlsh and Iniirlt 0' High Chaln Llnk Fonc€ (bld llem 50 252 LF $30,0c $7,560.00co-17 Furnlsh afld InstEll 4' Hloh ch6ln Lhk Fqnc€ (bid llem 60 311 s6,842.00co.18 Furnlsh and InstEll oayform Tradltlonal.€, Post Top Llght

Incuding pole, srm, foundauon and wire (bid ltam 73) (1.60) UN $5,500,0c (s8,800.00)

SlEvosham Townshlp\Proisct File9U03.01 John6tor Tract Recreational Complex\Colrespordont8\14-05-06 Change O.dor #1

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Doto Proporod: 6/14/2O14Our Fl lo No, i 118V00203, 01

f0,00

lt,344,liao.7tt0.00

$6,344,1,19.7!

Odgln.l Contrect Yotql:Chlnge Ordor l{o. t;Adluotod Contrdol Tot6l rttor Co 'l:

CME A$oclEto{

TownehlD ot Evorham

Byr -Tltl!:Da!o:

Approved By!

s:\Evesham Townehip\Project Flles\203. 0l Johnston Trdct R€c.€atlonal Compler\Co|'espondenceu 4"05.08 Change Od9r#l

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TOWNSHIP OF EVESHAM REGULAR COUNCIL MEETING

5/27/2014

Summary: Resolution No. 172-2014

Background:

Amendment to Contract - Roof Structure Replacement and Related Work at the Rear Deck - Indian Spring Country Club (Base Bid and Alternate #1) and Authorization of Change Order No. 2 with Respect Thereto

Recommendation: I recommend that this be approved.

ATTACHMENTS:

Description Type

CLK - Res 172-2014 - CO #2 ISCC Roof-Deck Backup Material

CLK - Cert of Funds Res 172-2014 ISCC Roof CO #2

Backup Material

Schedule A - Change Order No. 2 Backup Material

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C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\58965834-28DE-42E3-983F-EB0AC42C765F\EveshamAgenda.327.1.Bid_2013-ISCC_Roof_Structure_Replace-Change_Order_No_2.doc

TOWNSHIP OF EVESHAM RESOLUTION NO. 172-2014

AMENDMENT TO CONTRACT

ROOF STRUCTURE REPLACEMENT AND

RELATED WORK AT THE REAR DECK

INDIAN SPRING COUNTRY CLUB

(BASE BID AND ALTERNATE #1)

AND AUTHORIZATION OF CHANGE ORDER NO. 2

WITH RESPECT THERETO

WHEREAS, the Township Council, by way of a previous

resolution and amendment and after competitive bidding, awarded a

contract to JOSEPH PORRETTA BUILDERS, INC., 551 Anderson Avenue,

Hammonton, NJ 08037 to provide for Roof Structure Replacement and

Related Work at the Rear Deck of the Indian Spring Country Club,

in the Township of Evesham in accordance with the terms and

conditions of specifications which are on file in the Office of

the Township Clerk and available for public inspection during

regular business hours; and

WHEREAS, Nancy Jamanow, P.E., Director of Community

Development, the Township’s agent responsible for supervising the

installation of said improvements for the Township of Evesham, has

advised the Township Manager, by way of correspondence and Change

Order Request No. 2 that the contract amount should be increased

from $314,872.13 to $346,983.97 an increase of $32,111.84, and

that said changes do not materially expand upon the size, nature,

or scope of the original project as described in the

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specifications, said work being beyond the contemplation of the

parties at the time of the execution of the original agreement and

not being known until work commenced; and

WHEREAS, N.J.A.C. 5:30-11.4 provides that the governing body

may authorize change orders and amend contracts in accordance with

the procedures set forth in said regulations, and the Township's

Chief Financial Officer, as required by N.J.A.C. 5:30-5.1, has

certified that there are sufficient funds available for the

purpose of awarding a contract to said entity; and

WHEREAS, the Township Council has reviewed the aforementioned

request and desires to act favorably with respect to same and to

amend the contract accordingly and to approve the change order.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the

Township of Evesham, in the County of Burlington and State of New

Jersey, as follows:

1. That the Township Council, based upon the aforementioned

certificate, hereby declares that there are sufficient funds

appropriated for the purposes of expending funds for the aforesaid

purpose.

2. That the Township Council, for the aforementioned

reasons, hereby amends the aforementioned contract and increases

the contract amount from $314,872.13 to $346,983.97 in accordance

with the terms and conditions of the aforementioned

correspondence, said correspondence and request being attached

hereto as Schedule A and made a part of hereof by reference

hereto.

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3. That the Township Council hereby directs the Township

Mayor and Clerk to execute any and all contract documents

necessary to effectuate the terms of this resolution, subject to

review, revision and approval by the office of the Township

Attorney.

I hereby certify that the foregoing Resolution was adopted by

the Township Council of the Township of Evesham, County of

Burlington, State of New Jersey, at its meeting held in the

Meeting Room of the Municipal Complex, 984 Tuckerton Road,

Marlton, New Jersey 08053 on May 27, 2014.

________________________________________ Mary Lou Bergh, Township Clerk

ROLL CALL VOTE COUNCIL MEMBER INTRODUCED SECONDED AYE NAY ABSTAIN ABSENT D’ANDREA DIENNA HACKMAN ZEULI MAYOR BROWN

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C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\58965834-28DE-42E3-983F-EB0AC42C765F\EveshamAgenda.327.1.Bid_2013-ISCC_Roof_Structure_Replace-Change_Order_No_2.doc

AMENDMENT TO CONTRACT

ROOF STRUCTURE REPLACEMENT AND

RELATED WORK AT THE REAR DECK

INDIAN SPRING COUNTRY CLUB

(BASE BID AND ALTERNATE #1)

(CHANGE ORDER NO. 2)

THIS AGREEMENT entered into this day of ,

2013 by and between the TOWNSHIP OF EVESHAM, a municipal

corporation organized under the laws of the State of New Jersey,

having its principal place of business at 984 Tuckerton Road,

Marlton, New Jersey 08053 (hereinafter referred to as “TOWNSHIP”)

and JOSEPH PORRETTA BUILDERS, INC., 551 Anderson Avenue,

Hammonton, NJ 08037(hereinafter referred to as “CONTRACTOR”);

W I T N E S S E T H

WHEREAS, the Contractor has been awarded a contract by the

Township of Evesham for services in connection with the Roof

Structure Replacement and Related Work at the Rear Deck of the

Indian Spring Country Club, in the Township of Evesham in

accordance with the terms and conditions set forth in said

contract; and

WHEREAS, Nancy Jamanow, P.E., Director of Community

Development, the agent responsible for supervising the aforesaid

services, has advised the Township Council, through the Township

Manager, by way of a correspondence and the submission of the

appropriate change order request, that the Contractor has

requested an approval of Change Order No. 2, and an amendatory

contract to authorize an increase in the aforesaid contract; and

WHEREAS, the Township Council has reviewed said request and

change order and desires to act favorably pursuant thereto.

NOW, THEREFORE, in consideration of the mutual covenants,

terms and conditions, the parties hereby agree as follows:

1. The parties agree that the contract for the Roof

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Structure Replacement and Related Work at the Rear Deck of the

Indian Spring Country Club, in the Township of Evesham is hereby

amended to increase the amount due and owing to Joseph Porretta

Builders, Inc., 551 Anderson Avenue, Hammonton, NJ 08037, in the

amount set forth in the attached Schedule A, said Schedule A being

the correspondence and change order request.

2. The parties hereby agree to amend said contract by

Change Order No. 2 and increase the contract amount from

$314,872.13 to $346,983.97, an increase of $32,111.84.

• Original contract amount $306,800.00

• Change Order No. 1 $8,072.13

• Net sum Prior to this Change Order $314,872.13

• Change Order No. 2 $ 32,111.84

• Amended Contract amount $346,983.97

3. The parties agree that the terms, conditions,

agreements, and understandings contained in this amendatory

contract constitute the entire agreement between the parties.

IN WITNESS WHEREOF, the parties hereto have set hands and

seal the day and date as written above.

ATTEST: JOSEPH PORRETTA BUILDERS, INC.

_______________________ _______________________________ Joseph Porretta, President

ATTEST: TOWNSHIP OF EVESHAM

_________________________________ ____________________________________________

Mary Lou Bergh, Randy Brown, Mayor Township Clerk

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Document G701TM – 2001 Change Order

AIA Document G701™ – 2001. Copyright © 1979, 1987, 2000 and 2001 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:22:03 on 05/20/2014 under Order No.6319266598_1 which expires on 03/18/2015, and is not for resale. User Notes: (1984711503)

1

PROJECT (Name and address): CHANGE ORDER NUMBER: 002 OWNER: ARCHITECT:

CONTRACTOR: FIELD:

OTHER:

Roof Structure Replacement & Related Work at the Rear Deck of the Indian Springs Golf Course Club House 115 S Elmwood Road Marlton, New Jersey 08053

DATE: 2014-05-16

TO CONTRACTOR (Name and address): ARCHITECT’S PROJECT NUMBER: 13EVT01002 Joseph Poretta Builders, Inc. 551 Anderson Avenue Hammonton, New Jersey 08037

CONTRACT DATE: August 30, 2013 CONTRACT FOR: General Construction

THE CONTRACT IS CHANGED AS FOLLOWS: (Include, where applicable, any undisputed amount attributable to previously executed Construction Change Directives) Provide project modifications as follows: 1. Eliminate metal siding trim on interior of deck roof perimeter soffit at acoustic tile ceiling and provide painted Hardi Board trim (see attached); 2. Reduce wall thickness of specified extruded downspout material to 0.125” wall thickness; 3. Modify separation parapet wall between roof of deck mansard and existing building roof on the North end of the deck to follow the rake of the roof; 4. Modify roof trusses at deck roof to accommodate additional loading as required by the engineer to satisfy field conditions. Net negotiated Add: $1,049.58 Provide Owner requested work as follows: 1. Flush existing dry fire protection system to remove debris accumulation in the existing piping; (see attached) Add: $4,032.32 2. Repair existing shingle roof as directed by the owner to address existing defects; (see attached) Add: $861.20 3. Replace existing flood light fixtures located on the rear deck roof to illuminate the plaza below; (see attached) Add: $10,346.74 4. Reinforce existing roof trusses located in the main building and perform related electrical modifications; (see attached) Add: $15,822.00 ________________________________________________________________________________________________________ Total ADD: $32,111.84 The original Contract Sum was $ 306,800.00The net change by previously authorized Change Orders $ 8,072.13The Contract Sum prior to this Change Order was $ 314,872.13The Contract Sum will be increased by this Change Order in the amount of $ 32,111.84The new Contract Sum including this Change Order will be $ 346,983.97

The Contract Time will be increased by Zero (0) days. The date of Substantial Completion as of the date of this Change Order therefore is NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive.

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AIA Document G701™ – 2001. Copyright © 1979, 1987, 2000 and 2001 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:22:03 on 05/20/2014 under Order No.6319266598_1 which expires on 03/18/2015, and is not for resale. User Notes: (1984711503)

2

NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. Becica Associates LLC Joseph Poretta Builders, Inc. Township of Evesham ARCHITECT (Firm name) CONTRACTOR (Firm name) OWNER (Firm name)

500 Kings Highway South, Cherry Hill, NJ 08034

551 Anderson Avenue, Hammonton, New Jersey 08037

984 Tuckerton Rd., Marlton, NJ 08053

ADDRESS ADDRESS ADDRESS

BY (Signature) BY (Signature) BY (Signature)

Steven A. Becica William Cromie (Typed name) (Typed name) (Typed name)

5/20/14 DATE DATE DATE

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TOWNSHIP OF EVESHAM REGULAR COUNCIL MEETING

5/27/2014

Summary: Resolution No. 173-2014

Background:

Release of Performance Guarantee West Jersey Hospital Operating Room Expansion Block 26, Lot (S) 5.01 & 5.02 - On Site Improvements

Recommendation: Release of Bond is recommended

ATTACHMENTS:

Description Type

CLK - Res - Rel Perf. Bond for West Jersey Hospital On Site Imp

Backup Material

Rec ltr W. Jersey Hosp On Site Backup Material

IBE- Rec ltr W. Jersey Hosp On Site Backup Material

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C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\048F50B4-601F-4C28-8D93-FDB52EC54044\EveshamAgenda.307.1.rel_perf_On_Site_MAINT_WAIVED_West_Jersey_Hospital_Operating_Rm_Exp_PB_99_18.01.doc

TOWNSHIP OF EVESHAM

RESOLUTION NO. 173-2014

RELEASE OF PERFORMANCE GUARANTEE WEST JERSEY HOSPITAL

OPERATING ROOM EXPANSION BLOCK 26, LOT(S) 5.01 & 5.02

ON SITE IMPROVEMENTS

WHEREAS, a certain Performance Guarantee was filed by a

third party guarantor, as designated in paragraph two

hereinafter, to insure the satisfactory completion of certain

improvements required by the Planning Board of the Township of

Evesham; and

WHEREAS, the Township Engineer with the authorization and

consent of the Township Manager, has conducted a site inspection

and has found such improvements have been installed or completed

and has recommended that the two (2) year Maintenance Guarantee

be waived; and

WHEREAS, the Township Engineer has reported by

correspondence dated May 12, 2014 and has recommended release of

said Performance Guarantee without the posting of the aforesaid

Maintenance Guarantee; and

WHEREAS, the Township Council desires to release said Site

Performance Guarantee.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of

the Township of Evesham, County of Burlington, State of New

Jersey, as follows:

1. That the Township Council hereby declares that the

improvements as described in the hereinafter listed Performance

Guarantee have been completed within the required time.

2. That the Township Council hereby authorizes the

release of the said Performance Guarantee held by the Township

of Evesham as follows:

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ROLL CALL VOTE

COUNCIL MEMBER INTRODUCED SECONDED AYE NAY ABSTAIN ABSENT

D’ANDREA

DIENNA

HACKMAN

ZEULI

MAYOR BROWN

Developer - Virtua Health, Inc. Guarantor - Travelers Casualty Surety

Company of America

Dated - July 5, 2000 Bond No. - 44S103294679BCM Original Amount - $201,993.60 Reduced to - $53,360.28

3. That the requirement of a two-year maintenance bond is

hereby waived.

4. That the Township Clerk is hereby directed to return

the original of said Performance Guarantee to the developer,

together with a copy of this Resolution when the requirements in

paragraph five (5) are met.

5. That the Township Council declares that the release of

said Performance Guarantee is contingent upon payment of all

outstanding escrow balances.

I HEREBY CERTIFY that the foregoing Resolution was adopted

by the Township Council of the Township of Evesham, County of

Burlington, State of New Jersey, at its meeting held in the

Municipal Complex, 984 Tuckerton Road, Marlton, New Jersey 08053

on May 27, 2014.

_________________________________

Mary Lou Bergh, Township Clerk

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TOWNSHIP OF EVESHAM REGULAR COUNCIL MEETING

5/27/2014

Summary: Resolution No. 174-2014

Background:

Declaring Certain Property Known as Block 30, Lots 2.03 and 3.01 to Constitute an Area in Need of Rehabilitation within the Meaning and Intendment of the New Jersey Local Redevelopment and Housing Law

ATTACHMENTS:

Description Type

CLK - Res 174-2014 Rehab Redevelopment Backup Material

CLK - PB Recommendation Memo Backup Material

CLK - Backup memo Leah Furey Backup Material

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TOWNSHIP OF EVESHAM REGULAR COUNCIL MEETING

5/27/2014

Summary: Resolution No. 175-2014

Background: Award of Contract Gibson House Partial Reroofing for Department of Public Works

Recommendation:

The 2013 capital budget includes replacement of the Gibson House roof. The new roof is a much needed replacement of the existing roof, which currently is experiencing many leaks, has additional areas of potential concerns, and has created other problems associated with a leaking roof.

Bids were received on April 23, 2014 for the replacement of the roof. Several vendors submitted bids with REMTEK Services, Inc. of Deptford, NJ submitting the best proposal. Their bid price is as follows.

Base bid - $58,800.00

Alternate 1- 3,250.00

Alternate 2 - 1,680.00

Total - $63,730.00

The bid specification, bidding process and review of all submitted proposals were handled by hired architectural firm Regan, Young, England & Butera, (also known as RYEBREAD). Based on the bid results and the recommendation submitted by RYEBREAD, I recommend REMTEK Services, Inc. be awarded the contract for the replacement of the Gibson House roof. REMTEK is a recognized contractor in the roofing industry, known for providing both quality product and workmanship.

In addition, please find the attached recommendation provided by RYEBREAD and a request for the approval for the certification of funds.

REMTEK Services, Inc.

204 Branchwood Court

Deptford, NJ 08096

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Phone: 856-232-6258

Fax: 856-232-6257

cc: Tom Shanahan – Deputy Manager – Finance Director

Liz Peddicord – Treasurer

Mary Lou Bergh - Township Clerk

ATTACHMENTS:

Description Type

CLK - Res 175-2014 Gibson House Reroofing Backup Material

CLK - Cert of Funds Gibson House Roof Backup Material

Gibson House Roof Recommendation Memo Backup Material

Gibson House Roof Bid Tabulation, REYB Backup Material

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C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\9E86164B-772D-437F-B17B-D5075563EAE1\EveshamAgenda.331.1.RemTek_Gibson_House_Partial_Reroofing.docx

TOWNSHIP OF EVESHAM

RESOLUTION NO. 175-2014

AWARD OF CONTRACT

GIBSON HOUSE PARTIAL REROOFING FOR DEPARTMENT OF PUBLIC WORKS

WHEREAS, the Township Council of the Township of Evesham

has determined to provide for Gibson House Partial Reroofing in

the Township of Evesham, same being more particularly described

in specifications which are on file in the Office of the

Township Clerk and available for public inspection during

regular business hours, and it appearing that the cost of the

aforementioned service will be paid with municipal funds and

will exceed $36,000.00 in the fiscal year; and

WHEREAS, N.J.S.A. 40A:11-4 states that a contract, the cost

of which will exceed $36,000.00 in a fiscal year, shall be

awarded only after public advertising for bids and bidding

therefor; and

WHEREAS, there has been public advertisement for bids, and

the Township Manager has received and opened bids on April 23,

2014 for the purpose of awarding a contract for the

aforementioned purpose, and the Township Manager has advised the

Township Council that a certain entity is the lowest, qualified

responsible bidder for said contract and has recommended that

the Township Council award said contract or reject the bids

within sixty (60) days as required by N.J.S.A. 40A:11-24; and

WHEREAS, the Chief Financial Officer of the Township of

Evesham, as required by N.J.A.C. 5:30-5.1, has certified that

there are sufficient funds available for the purpose of awarding

a contract to said entity, said certification being attached

hereto and made a part hereof.

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C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\9E86164B-772D-437F-B17B-D5075563EAE1\EveshamAgenda.331.1.RemTek_Gibson_House_Partial_Reroofing.docx

NOW, THEREFORE, BE IT RESOLVED by the Township Council of

the Township of Evesham, County of Burlington, State of New

Jersey, as follows:

1. The Township Council, based upon the aforementioned

certificate, hereby declares that there are sufficient funds

available for the aforesaid purpose, as is evidenced by the

attached Certificate of Availability of Funds.

2. The Township Council, for the aforementioned reasons,

hereby declares that RemTek Services, Inc., 204 Branchwood

Court, Deptford, New Jersey 08096 is the lowest, qualified

responsible bidder for the aforementioned purpose and hereby

awards a contract to said entity for the aforesaid purpose in an

amount not to exceed $63,730.00, said award of contract being in

accordance with the terms and conditions of the Bid Proposal,

the Notice to Bidders, and Bid Specifications, copies of which

are on file in the Office of the Township Clerk and available

for public inspection during regular business hours.

3. That the Township Council hereby directs the Township

Manager to return the bid securities to any unsuccessful bidders

in accordance with N.J.S.A. 40A:11-24.

4. The Township, for the purpose of awarding a contract

for construction alteration or repair of any building or public

work, hereby directs the contractor to comply with all

requirements of the labor laws of the State applicable to said

contract.

5. That the Township Council hereby directs the Township

Mayor and Township Clerk to execute any contract documents which

are necessary to effectuate the terms of this resolution,

subject to review, revision and approval by the office of the

Township Solicitor.

I HEREBY CERTIFY that the foregoing resolution was adopted

by the Township Council of the Township of Evesham, County of

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Burlington, State of New Jersey at their meeting held in the

Meeting Room of the Municipal Complex, 984 Tuckerton Road,

Marlton, New Jersey 08053 on May 27, 2014.

_____________________ _______________

Mary Lou Bergh, Township Clerk

ROLL CALL VOTE

COUNCIL MEMBER INTRODUCED SECONDED AYE NAYE ABSTAIN ABSENT

D’ANDREA

DIENNA

HACKMAN

ZEULI

MAYOR BROWN

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TOWNSHIP OF EVESHAM REGULAR COUNCIL MEETING

5/27/2014

Summary: Resolution No. 176-2014

Background: Award of Contract Resurfacing of the "E" Streets (Emery Hill Court, Endsleigh Place, Eustace Road, Eustace Terrace, Eustace Court, Everington Road)

Recommendation: It is recommended that the Resurfacing of the 'E' Streets be awarded to Arawak Paving as indicated in the recommendation letter from R & V.

ATTACHMENTS:

Description Type

CLK - Res 176-2014 Resurfacing E Streets Backup Material

CLK - Cert of Funds Res 176-2014 Resurfacing E Streets

Backup Material

Award letter recommendation from R & V Backup Material

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C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\14A3286F-478D-4EB3-AD5D-DECFE82EDAC7\EveshamAgenda.333.1.Resurfacing_E_Streets_-_Arawak_Paving_Co_Bid_Date_5-22-14.docx

TOWNSHIP OF EVESHAM

RESOLUTION NO. 176-2014

AWARD OF CONTRACT

RESURFACING OF THE “E” STREETS WHEREAS, the Township Council of the Township of Evesham

has determined to provide for the resurfacing of the “E” Streets

in the Township of Evesham, same being more particularly

described in specifications which are on file in the Office of

the Township Clerk and available for public inspection during

regular business hours, and it appearing that the cost of the

aforementioned service will be paid with municipal funds and

will exceed $36,000.00 in the fiscal year; and

WHEREAS, N.J.S.A. 40A:11-4 states that a contract, the cost

of which will exceed $36,000.00 in a fiscal year, shall be

awarded only after public advertising for bids and bidding

therefor; and

WHEREAS, there has been public advertisement for bids, and

the Township Manager has received and opened bids on May 22,

2014 for the purpose of awarding a contract for the

aforementioned purpose, and the Township Manager has advised the

Township Council that a certain entity is the lowest, qualified

responsible bidder for said contract and has recommended that

the Township Council award said contract or reject the bids

within sixty (60) days as required by N.J.S.A. 40A:11-24; and

WHEREAS, the Chief Financial Officer of the Township of

Evesham, as required by N.J.A.C. 5:30-5.1, has certified that

there are sufficient funds available for the purpose of awarding

a contract to said entity, said certification being attached

hereto and made a part hereof.

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NOW, THEREFORE, BE IT RESOLVED by the Township Council of

the Township of Evesham, County of Burlington, State of New

Jersey, as follows:

1. The Township Council, based upon the aforementioned

certificate, hereby declares that there are sufficient funds

available for the aforesaid purpose, as is evidenced by the

attached Certificate of Availability of Funds.

2. The Township Council, for the aforementioned reasons,

hereby declares that Arawak Paving Company, Inc., 7503 Weymouth

Road, Hammonton, New Jersey 08037 is the lowest, qualified

responsible bidder for the aforementioned purpose and hereby

awards a contract to said entity for the aforesaid purpose in an

amount not to exceed $324,000.00, said award of contract being

in accordance with the terms and conditions of the Bid Proposal,

the Notice to Bidders, and Bid Specifications, copies of which

are on file in the Office of the Township Clerk and available

for public inspection during regular business hours.

3. That the Township Council hereby directs the Township

Manager to return the bid securities to any unsuccessful bidders

in accordance with N.J.S.A. 40A:11-24.

4. The Township, for the purpose of awarding a contract

for construction alteration or repair of any building or public

work, hereby directs the contractor to comply with all

requirements of the labor laws of the State applicable to said

contract.

5. That the Township Council hereby directs the Township

Mayor and Township Clerk to execute any contract documents which

are necessary to effectuate the terms of this resolution,

subject to review, revision and approval by the office of the

Township Solicitor.

I HEREBY CERTIFY that the foregoing resolution was adopted

by the Township Council of the Township of Evesham, County of

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Burlington, State of New Jersey at their meeting held in the

Meeting Room of the Municipal Complex, 984 Tuckerton Road,

Marlton, New Jersey 08053 on May 27, 2014.

_____________________ _______________

Mary Lou Bergh, Township Clerk

ROLL CALL VOTE

COUNCIL MEMBER INTRODUCED SECONDED AYE NAY ABSTAIN ABSENT

D’ANDREA

DIENNA

HACKMAN

ZEULI

MAYOR BROWN

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TOWNSHIP OF EVESHAM REGULAR COUNCIL MEETING

5/27/2014

Summary: Resolution No. 177-2014

Background:

Authorizing Township of Evesham Qualified Purchasing Agent to Award Contract for Provision of Electric Power Suppliers

Recommendation: This resolution authorizes the QPA to award a contract for electric power supply for the Township, MUA and Fire District as authorized under the Evesham Township Cooperative Pricing System. We did a similar resolution in 2011for a power procurement (See attached for 2011 resolution.) A marked up copy of resolution with the new procurement details has been submitted to the Clerk's Office. Electronic bids shall be accepted at 12:00 PM, on June 5, 2014. Due to the nature of power procurement, bids must be accepted and awarded within 2-3 hours. If we have a successful bid, a resolution ratifying the award shall be made at the next available Council Meeting along with a report of the bids received. It should be noted that this year has seen a much more volatile energy prices as compared to our previous bid. Presently we are operating under the BPU-regulated energy rates as the current spot market prices have been elevated due to the harsh winter and uncertainty in the power generation industry. Our Energy Agent has advised us that although in recent weeks there has been some relief,, it may not be until Fall that we may see optimal energy pricing again.

ATTACHMENTS:

Description Type

CLK - Res 177-2014 QPA Electric Power Supply Backup Material

Evesham Township Cooperative Pricing System Backup Material

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TOWNSHIP OF EVESHAM RESOLUTION NO. 177-2014

AUTHORIZING TOWNSHIP OF EVESHAM

QUALIFIED PURCHASING AGENT TO AWARD CONTRACT FOR PROVISION OF ELECTRIC POWER SUPPLIERS

WHEREAS, the Township of Evesham is the lead agency for the

Evesham Township Cooperative Pricing System for purchasing

electric power supplies with the Evesham Township Fire District

and the Evesham Municipal Utilities Authority as authorized by

the state Division of Local Government Services (see attached);

and

WHEREAS, the Township of Evesham seeks to realize cost

savings through procuring its electric power generation through

electronic bids; and

WHEREAS, the aforementioned procurement shall be conducted

with electronic bids approved for use by the Division of Local

Government Services, Department of Community Affairs, State of

New Jersey; and

WHEREAS, the market conditions governing the procurement of

electrical power require a contract be awarded the same day of

the bid; and

WHEREAS, it is not feasible for the Township to conduct a

Council Meeting on June 5, 2014 to award a contract for electric

power supplies within the time parameters recommended by the

energy agent, Gabel Associates of Highland Park, NJ.

NOW THEREFORE BE IT RESOLVED, by the Township Council of

the Township of Evesham, County of Burlington, and State of New

Jersey, that Thomas S. Shanahan, Qualified Purchasing Agent, is

hereby authorized to award contracts for electric power supplies

contingent upon the Township and the other participating

Agencies realizing savings from the current rates being charged

for electrical supplies; and

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BE IT FURTHER RESOLVED, that the results of the electronic

bidding shall be reported to the Township Council and the

contract shall be ratified at the next Council Meeting scheduled

for June 10, 2014.

I HEREBY CERTIFY that the foregoing resolution was adopted

by the Township Council of the Township of Evesham, County of

Burlington, State of New Jersey at a meeting held at the

Municipal Complex, 984 Tuckerton Road, Marlton, New Jersey 08053

on May 27, 2014.

Mary Lou Bergh, Township Clerk

ROLL CALL VOTE

COUNCIL MEMBER INTRODUCED SECONDED AYE NAY ABSTAIN ABSENT

D’ANDREA

DIENNA

HACKMAN

ZEULI

MAYOR BROWN

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TOWNSHIP OF EVESHAM REGULAR COUNCIL MEETING

5/27/2014

Summary:

Approval of Application for Special Permit for Social Affair St. Joan of Arc Church Carnival - August 25, 2014 through August 30, 2014 100 Willow Bend Road - St. Joan of Arc Church Grounds Proceeds accrue to the Saint Joan of Arc School

Recommendation: Social Affair Permit for St. Joan of Arc Church Carnival

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TOWNSHIP OF EVESHAM REGULAR COUNCIL MEETING

5/27/2014

Summary: Resolution No. 178-2014

Background: Resolution Authorizing the Mayor, Township Council and Support Staff to Meet in Private Session and Authorizing the Exclusion of the Public from that Portion of the Meeting Dealing with Specific Issues Requiring Non-Public Discussions: Litigation and Contract Negotiations

Recommendation: Executive Session Resolution to Allow Council to Meet in Executive Session to Discuss Litigation and Contract Negotiations

ATTACHMENTS:

Description Type

CLK - Res 178-2014 Ex Session Res Backup Material

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TOWNSHIP OF EVESHAM RESOLUTION NO. 178-2014

RESOLUTION AUTHORIZING THE MAYOR, TOWNSHIP COUNCIL AND SUPPORT STAFF TO MEET IN PRIVATE SESSION AND AUTHORIZING THE EXCLUSION

OF THE PUBLIC FROM THAT PORTION OF THE MEETING DEALING WITH SPECIFIC ISSUES REQUIRING NON-PUBLIC DISCUSSIONS

WHEREAS, NJSA 10:4-6 et seq., a law known as the New Jersey Open Public Meetings Act requires that the public be permitted to be present at all meetings of public bodies; and WHEREAS, NJSA 10:4-12 permits the exclusion of the public only during the discussion by a public body of certain specific matters; and WHEREAS, the New Jersey Open Public Meetings Act requires the adoption of a resolution by the Mayor and Council prior to the public body’s right to exclude the public from any meeting; and WHEREAS, the Township Council of the Township of Evesham finds it necessary to adopt a resolution authorizing the exclusion of the public from a portion of this meeting in accordance with the law, NOW THEREFORE BE IT RESOLVED, by the Mayor and Township Council of the Township of Evesham, County of Burlington, and State of New Jersey as follows: 1. The public shall be excluded from a portion of this meeting to allow and facilitate private discussion among Mayor, Council and staff of the subjects listed in this resolution.

2. The Mayor and Township Council do hereby state and declare that the general nature of the subject matter to be discussed is as follows:

LITIGATION

CONTRACT NEGOTIATIONS

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3. In accordance with the New Jersey Open Public Meeting Act, the Township Council anticipates that the deliberation conducted in closed session may be disclosed to the public upon the completion of this matter and upon the determination of the Township Council that public interest will no longer be served by such confidentiality and if not then legally privileged.

I HEREBY CERTIFY that the foregoing resolution was adopted by the Township Council of the Township of Evesham, County of Burlington, State of New Jersey at a meeting held at the Municipal Complex, 984 Tuckerton Road, Marlton, New Jersey 08053 on May 27, 2014. Mary Lou Bergh, RMC, Township Clerk

ROLL CALL VOTE

COUNCIL MEMBER INTRODUCED SECONDED AYE NAY ABSTAIN ABSENT

D’ANDREA

DIENNA

HACKMAN

ZEULI

MAYOR BROWN