26-19 Exhibit-Authorizing Third Extension of Agreement with Reliable Wood for Operation of Recycling Center.pdf

Exhibit “A”

TEMPORARY THIRD EXTENSION OF MANAGEMENT, OPERATION AND MAINTENANCE SERVICE AGREEMENT FOR THE WEST ORANGE RECYCLING CENTER AND COMPOSTING FACILITY This Temporary Third Extension Agreement for the Management, Operation and Maintenance Services for the West Orange Recycling Center and Compost Facility (the “Facility") is made by and between the Township of West Orange located at the Municipal Building, 66 Main Street, West Orange, New Jersey (herein “Township) and Reliable Wood Products, LLC located at 393 Lincoln Boulevard, Middlesex, New Jersey (“Reliable”). WITNESSETH WHEREAS, the Township is the owner of real property known as Block 170, Lots 13, 15.3 and 17 on the Tax Maps of the Township commonly known as 590 Mt. Pleasant Avenue, (the “Property”)’ and WHEREAS, the Township utilizes this Property as an integral part of its Recycling Program as it houses the Facility; and WHEREAS, the operations conducted at the Facility include the composting of leaves, the processing of vegetative wood waste and operating a recycling convenience center for West Orange residents to dispose of mixed paper, cardboard and commingled containers, and WHEREAS, the Township has sought the services of a firm to operate the Facility for Class B materials, exempt wood, Class C materials, exempt compost and to operate the Fac ility for mixed paper, cardboard and commingled containers; and WHEREAS, The Township prepared a Request for Proposal for the services entitled “Operation of the Township of West Orange Recycling Center” dated July 2013 (the “Request for Proposal”) annexed hereto as Exhibit “A”; and WHEREAS, on August 27, 2013, the Township received a response to the Request for Proposal from Reliable, a portion of which is annexed hereto as Exhibit “B”; and WHEREAS, the Director of Public Works, along with the evaluation committee reviewed Reliable’s proposal and found same to be responsive and recommended that a contract be awarded to Reliable; and WHEREAS, by Resolution No. 183-13, adopted September 17, 2013, the Township Council authorized a contract to be awarded to Reliable for the management, operation, and maintenance services in accordance with the Township’s Request for Proposal; and WHEREAS, the Township and Reliable executed the agreement, annexed hereto as Exhibit “C” (the “Agreement”) scheduled to expire on October 1, 2018; and WHEREAS, on June 9,

s Request for Proposal; and WHEREAS, the Township and Reliable executed the agreement, annexed hereto as Exhibit “C” (the “Agreement”) scheduled to expire on October 1, 2018; and WHEREAS, on June 9, 2013, the Township advertised a Request for Proposal (“RFP”) entitled “Request for Proposal for Operation of the Township of West Orange Recycling 1

Center” to award a new Contract to operate the West Orange Recycling Center (the “Contract”) following the expiration of the Agreement; and WHEREAS, on July 17, 2018, the Township received a single Proposal from Reliable Wood (the “Proposal”), and WHEREAS, the Proposal contains certain exceptions and conditions to be examined and evaluated by the Township prior to a determination as to the award of the Contract; and WHEREAS, Reliable and the Township agreed to an executed a Temporary Extension Agreement for the Management, Operation and Maintenance Services for the Facility following the Township's adoption of Resolution 206-18 authorizing an extension of the current agreement; and WHEREAS, Reliable and the Township agreed to an executed a Second Temporary Extension Agreement for the Management, Operation and Maintenance Services for the Facility following the Township's adoption of Resolution 284-18 authorizing a second extension of the agreement; and WHEREAS, the Township still requires addition time to examine and evaluate the Proposal. NOW THEREFORE, for valuable consideration, including the promises, covenants, representations and warranties hereinafter set forth, the receipt and adequacy of which are hereby acknowledged, the parties, intending to be legally and equitably bound, agree that the terms and conditions of the Agreement, annexed hereto as Exhibit “C” shall be extended for an additional one (1) month until February 28, 2019. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. ATTEST: TOWNSHIP OF WEST ORANGE By: Karen Carnevale, Municipal Clerk Robert D. Parisi, Mayor WITNESS: f RELIABLE WOOD PRODUCTS, LLC Vodhdbb. By: EA a CZ Bic . < Eugene J. Ciarkowski, Mrtnes Vagkene Managing Member 4839-2941-4277, v. 4

Exhibit “A”

Request for Proposal For Operation of the Township of West Orange Recycling Center 590 Mt. Pleasant Avenue West Orange, New Jersey For Class B, Exempt Woods Class C, Exempt Compost Operation And the Recycling Convenience Center July 2013 The Township of West Orange Anne DeSantis Purchasing Agent 66 Main Street, Room 111 West Orange, New Jersey 07052 973-325-4055

Section 1.0- General Description 1.01 General Description 1.02 Preparation, Submission and Opening of Proposals 1.03 Authorization to do Business in New Jersey 1.04 Qualifications 1.05 Familiarity with the Work 1.06 Interpretation of Documents 1.07 Cause of Rejection 1.08 Award of Execution of Contract 1.09 Insurance 1.10 Bid Proposal Security 1.11 Consent of Surety, Performance and Payment Bond 1.12 Contract Documents 1.13 Operations and Marketing 1.14 Proposal Form 1.15 Compliance with the New Jersey Prevailing Wage Act 1.16 Disputes Under the Contract 1.17 Affirmative Action Requirements 1.18 Historical Recycling Quantities 1.19 Site Improvement Plan 1.20 Timeline of Important Dates Section 2.0- Technical Information 2.01 Definitions 2.1 Scope of Work- Overview and Summary 2.2 Site Conditions 2.3 Administration of Contract 2.4 Hours of Operation 2.5 Site Access by the Township and its Agents 2.6 Acceptable Materials 2.7 Prohibited Materials 2.8 Sources of Materials 2.9 Fees Charged to Users 2.10 Marketing of Recyclable Materials 2.11 Permits 2.12 Materials to Township 2.13 On Site Improvements and Site Preparation 2.14 Work to be Performed 2.15 Utilities 2.16 Accident Reporting 2.17 Record Keeping 2.18 Regulatory Oversight by West Orange 2.19 Liquidated Damages 2.20 Annual Reporting of Recycling Convenience Center Activity

2.21 Changes to Operating Procedures 2.22 Termination 2.23 Operator Non- Performance 2.24 Performance Bond and Insurance Section 3.0- Required Proposal Documents 3.01 Respondent Disclosure Form 3.02 Affidavit of Authorization for Contract 3.03 Moral Integrity Affidavit for Contract 3.04 Non-Collusion Affidavit 3.05 Subcontractor Use Form 3.06 Experience Statement 3.07 Qualifications of Personnel 3.08 Equipment List (in a form to be supplied by responding party) 3.09 Consent of Surety 3.10 Affirmative Action Requirements 3.11 Affirmative Action Affidavit 3.12 Proposal Form 3.13 Respondent Proposal Form 3.14 Disclosure of Violation Form 3.15 Disclosure of Political Contributions 3.16 List of All Certified Compost Facility Operators with Copies of Certificates (to be supplied by responding party) 3.17 Equipment Dedication Affidavit 3.18 Bid Bond Form (in a form to be supplied by responding party) Appendices – Facility Site Plan, and Site Improvement Plan and Layout – (to be supplied by responding party) Appendix “A” Current Facility Site Plan Appendix “B” Site Improvement Plan and Layout (in a form to be supplied by responding party)

SECTION 1.0 GENERAL DESCRIPTION

1.01 General Description 1.01.1 The Township of West Orange has issued this Request for Proposal (RFP) for the following Contract: For Operation of the Township of West Orange Recycling Center 590 Mt. Pleasant Avenue West Orange, New Jersey For Class B, Exempt Woods Class C, Exempt Compost Operation And the Recycling Convenience Center 1.01.2 The purpose of this Request for Proposal (RFP) is to solicit proposals from firms interested in the Operation of the Township of West Orange Recycling Center as set forth herein and in accordance with all the applicable federal, state, county and Township regulations, New Jersey Department of Environmental Protection Regulations and all requirements set forth in this Request for Proposal (RFP), for a three (3) year contract period commencing October 1, 2013 with options to renew for two additional one (1) year periods. 1.02 Preparation, Submission and Opening of Proposals 1.02.1 Proposals for the above referenced Contract must be submitted to and received by Anne DeSantis, Township of West Orange Purchasing Agent, on or before 3:30 P.M. on Tuesday, August 27, 2013, and will be publicly opened by the Township of West Orange Clerk’s Office on Tuesday, August 27, 2013 at 3:30 P.M., Local Prevailing Time, in the Council Chambers, 66 Main Street, West Orange. When submitting a response, there shall be three (3) copies submitted, and one (1) packet shall contain original documents. 1.02.2 The Proposal shall be submitted and prepared as specified herein. If the Proposal is made by a company or partnership, the Respondent’s Disclosure Statement shall be signed by all general partners and others having a beneficial interest of ten (10%) percent or more in the entity. If made by a corporation, the Respondent’s Disclosure Statement shall be signed by a corporate officer and witnessed by