206-18 Exhibit to Resolution Authorizing Temporary Extension of Contract with Reliable Wood for Operation of Recycling Center.pdf

ience Center. 2.18.3 The Township of West Orange Environmental Compliance Officer shali be provided with a key to allow twenty-four (24) hour access to the facility for the purposes of evaluation and compliance monitoring. 2.18.4 The Township of West Orange Environmental Compliance Officer shall conduct additional inspections in response to resident and Township Official complaints on an as needed basis. 25

2.18.4(a) Should additional inspections be required as outlined herein, the Contractor shall be billed at the standard inspection rates as indicated herein or an hourly rate of $175.00/hour for each such inspection that exceeds 2.0 hours in length; whichever sum is greater and shall pay all ancillary costs associated with such an inspection including, but not limited to, travel time and mileage. 2.18.5 The Operator agrees to place into escrow the sum of $25,000 for the first year of operation to cover the cost of inspections as outlined herein. 2.18.6 The Operator agrees to place into escrow the sum of $20,000 for the second year of the operation and each subsequent year of operation to cover the cost of inspections as outlined herein. i 2.18.7 The Operator agrees to replenish the escrow upon notice by the Township on a pro- i rata basis as a result of excessive complaints having been received and investigated. 2.19 LIQUIDATED DAMAGES | 219.1 The parties acknowledge that in the event of a default in performance by the t Contractor(s), it is foreseeable that the Township of West Orange will suffer damages for | which it is entitled to be compensated. Certain of these damages may be reasonably | ascertained. Others shall consist of intangible losses which are difficult to accurately i calculate and assess, including, but not limited to, revenue losses and general and | administrative costs, For these intangible losses, in the event the Operator fails to ! satisfactorily comply with all of the terms and conditions of these bid specifications, the Operator shall be liable for, and the Town may assess, the below listed surns as Liquidated Damages. Compliance Officer during the course of inspections of each of the recycling areas outlined within the scope of this RFP. Assessments shall be made within the confines of the following procedures: 2.19.2(a) The Environmental Compliance Officer will provide a written Notice of Deficiency to the Operator outlining the operational violation requiring attention, the recommended corrective action and the time period within which such correction shall be made. 2.19.2(b) Failure to correct said findings within the grace period shall result in an assesstnent of damages from the date of the finding to the date of final correction. 2.19.3 For failure to maintain the Recycling Convenience Center in a manner consistent

e period shall result in an assesstnent of damages from the date of the finding to the date of final correction. 2.19.3 For failure to maintain the Recycling Convenience Center in a manner consistent with the operating parameters required under NJDEP regulations, up to two hundred fifty dollars ($250.00) shall be assessed per day for each such failure until such time as the Recycling Convenience Center has been made to comply with the facility operating requirements. 2.19.4 For failure of the Operator to comply with applicable laws in connection with solid waste disposal of residual solid waste or other materials that should be removed from the site, up to five hundred ($500.00) for each day in which the failure occurs shall be assessed. 26 ~-----. ~ —2,19.2 Liquidated -Damages.shall..be-assessed—based-on-the-findings of-the- Environmental—-— - --

2.19.5 Up to five thousand dollars ($5,000.00) for each incident or event where the Operator receives vegetative material beyond the scope of this RFP; including, but not limited to, the receipt of grass clippings other than that incidentally found in the collection of leaves, or material in excess of that amount permitted under the terms of the RFP and the limited approval of the facility. Each truckload or portion of a truckload shall be considered a separate event. 2.19.6 For the Operator’s personnel soliciting gratuities from residents, up to two hundred dollars ($200.00) for each incident. 2.19.7 Any failure by the Operator to arrange for the recycling of materials as specified herein may result in the assessment of liquidated damages of up to five thousand dollars ($5,000.00) per day plus any and all costs incurred by the Township of West Orange for the alternate marketing of said materials. 2.19.8 For failure of the Operator to comply with the operating conditions of the exempt Class “B” and exempt Class “C” recycling facilities as required under the terms of the exempt operating procedures mandated by the NJDEP or by the terms of this REP, liquidated damages of up to five hundred dollars ($500.00) per day that such non-compliance remains in effect. : 2.19.9 The Township of West Orange may seek reimbursement from the Operator for the actual costs incurred by the Township for the response/deployment of the Township of West Orange Fire Department to a fire or other condition at the site caused by the Operator’s failure to comply with the operating conditions herein. 2.20 ANNUAL REPORTING OF RECYCLING CONVENIENCE CENTER ACTIVITY 2.20.1 The Operator agrees that at its sole cost and expense, it will provide to the Township’s Engineer and/or Director of the Department of Public Works, and the Environmental Compliance Officer, an annual report which sets forth the number of tons of recyclable materials delivered to markets during the prior year. 2.20.2 All reporting of recyclable materials shall conform to the requirements of the New Jersey Department of Environmental Protection as required under the terms of Recycling Tonnage Grant Applications submitted by the Township. At a minimum, such data must include: 2.20,2(a) The marketing date 2.20.2(b) The weight receipt number 2.20.2(c) The market’s name 2.20.2(d) The market’s address 2.20.2(e) The

ed by the Township. At a minimum, such data must include: 2.20,2(a) The marketing date 2.20.2(b) The weight receipt number 2.20.2(c) The market’s name 2.20.2(d) The market’s address 2.20.2(e) The weight of the material sold 2.20.2(f) The range and average price received per ton for each recyclable during the year. 2.20.2(g) All data must be provided on the Operator’s letterhead and signed. 2.20.2(h) The prices paid to the Operator for each material by type on a per ton basis, or where sold in the aggregate, the aggregate price received per ton. 27

2.21 CHANGES TO OPERATING PROCEDURES 2.21.1 Changes to the Operating Procedures or approved equipment shall first require the approval in writing of the Township of West Orange and the NJDEP. 2.21.2 All expenses and fees required to change the Operating Procedures and/or Equipment utilized at any part of the recycling facilities shall be paid for by the Operator. 2.21.3 The Operator shall reimburse the Township for all of the Township’s expenses incurred with regard to this Agreement and all operations within seven (7) days of receipt. 2.22 TERMINATION 2.22.1 West Orange may, in its sole discretion, upon seven (7) days written notice delivered via band delivery, overnight service or telecopy transmission to the Operator, terminate or limit the services of the Operator for good cause, including, but not limited to, the following: ! { i a, Non-performance by the Operator; | b. Abandonment of the Facility by the Operator, which shall include, but not be limited to, the failure to be open and fully operational for two (2) consecutive business days; c. Failure to provide proof of renewal of the Performance and Payment Bond (“Bond”) and Certificate of Insurance (“Insurance”) at least ten (10) business days before expiration of the existing Bond and Insurance; d. Expiration or termination of any permit necessary for the performance of the services required hereunder. | e. Any negative declaration, charge or determination by the DEP or other soa a + =) --governmental-entity-which-is-net cured-within-thirty @0)-days:-and----------—--- --- -— f. Failure to reimburse the Township for any cost or expense incurred by the ‘Township within seven (7) days of being provided a written request for reimbursemenit. i 2.22.2 In the event of termination, the Operator shall remove all equipment within seven (7) ! days and shall be fully liable for any costs incurred in the removal of same. Any items remaining after seven (7) days shall be deemed abandoned to West Orange for all purposes and West Orange shall not be responsible for their use or disposal. 2.23 OPERATOR NON-PERFORMANCE a. Non-performance by the Operator shall include, but not be limited to, any of the following situations: 1. Failure to be open and accept Vegetative Waste during the days and hours prescribed in Section 2.4 and failure to be open, operate and accept materials at the Recycling Convenience

ing situations: 1. Failure to be open and accept Vegetative Waste during the days and hours prescribed in Section 2.4 and failure to be open, operate and accept materials at the Recycling Convenience Center on the days and hours prescribed in Section 2.4 (except national holidays), 28

2. Failure to staff the Facility with at least one (1) person during all . hours of operation; 3. Failure to provide on-site every thirty (30) days at least one (1) tub-grinder and any other equipment necessary to load and process Vegetative Waste, unless the Operator removes the Vegetative Waste off-site for disposal; 4. Failure to comply with all conditions of any and all permits and laws of the Township of West Orange, the State of New Jersey and the DEP; 5. The stockpiling of any items at levels or operations which are deemed to be a fire, safety and/or health concern in the sole L discretion of the Fire Chief, Fire Director and/or Director of the Department of Health or their designees; 6. Failure to accept and process at no cost to the Township Vegetative Waste generated by the Township and delivered to the Facility by the Department of Public Works for the Township; and 7. Any breach of any provision of this agreement. 2,24 PERFORMANCE BOND AND INSURANCE Before commencing the Work, the Operator shall furnish to West Orange the following: a. A Performance and Payment Bond will be required at the time of the signing of the contract. It must be a one year Performance and Payment Bond, in the form acceptable to the West Orange Township Attomey, and in the amount equal to $500,000, duly executed by the successful Respondent (Operator), as principal and by a reputable surety company rated A+ or better by A. M. Best Company’s Insurance Ratings licensed to --do business under-the-laws-ofand. in-the State-of New Jersey-and-—---—--.. — ——- satisfactory to the Township of West Orange. The Performance Bond must specifically provide that it will indemnify and pay all costs related to any actions caused by the Operator’s use of the Facility. This specifically includes, but is not limited to, costs and expenses incurred by any adverse governmental regulatory action and costs and expenses potentially incurred to transport and dispose of the Township’s Vegetative Waste at sites other than the Facility. If the Surety on the Bond furnished files bankruptcy or becomes insolvent or its right to do business is terminated, or it ceases to meet the requirements stated herein, the Operator shal! within five (5) days thereafter substitute another Bond and Surety from a reputable surety company rated A+ or better by A.M. Best Company’s Insurance Ratings licensed to

ed herein, the Operator shal! within five (5) days thereafter substitute another Bond and Surety from a reputable surety company rated A+ or better by A.M. Best Company’s Insurance Ratings licensed to do business in the State of New Jersey acceptable to the Township of West Orange. t If a bidder fails to provide a performance bond for the first year of the i contract, the Township may declare the bidder to be non-responsive. i The Operator shall provide a one year performance bond in the amount of $500,000 for each succeeding year of the contract. The performance 29

| i | i i t bond for each succeeding year shall be delivered to the Township with proof of full payment of the premium 120 days prior to the expiration of the current bond. Failure to deliver a performance bond for any year of the contract a minimum of 120 days prior to the termination of the current bond will constitute a breach of contract and shall entitle the Township to terminate the contract upon the expiration of the current bond. Notwithstanding termination pursuant to this section, the Operator is obligated to fully perform through the date of termination of the contract and the Operator shall be subject to damages in an amount equal to the costs associated with re-bidding the contract. Worker’s Compensation Insurance per state requirements. A comprehensive General Liability Policy with a combined single limit of $2,000,000 for bodily injury and property damage. The policy shall include coverage for “XCU” exposures and completed operations coverage. An Automobile Public Liability and Property Damage Policy with a combined single limit of $2,000,000 for bodily injury and property damage. All certificates of insurance shall stipulate that the insurance will not be changed of canceled without giving thirty (30) days prior written notice to the Township of West Orange by registered mail. Any notice of termination shal! constitute an immediate default and permit the he Township to-immediately-terminate-this agreement:—-- ————- = 22 22 vs Certificates shall show the type, amount, class of operations covered, effective dates and expiration dates for all policies. All said policies shall remain in full force and effect during the term of this Agreement, and. for any additional period of time as required and list West Orange as an additional insured. 30