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Supporting Documentation · Jan 22, 2019

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

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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 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.

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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 Attorney, 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 of and 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 shall 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. If a bidder fails to provide a performance bond for the first year of the contract, the Township may declare the bidder to be non-responsive. The Operator shall provide a one year performance bond in the amount of $500,000 for each succeeding year of the contract. The performance 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

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e 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. b. Worker’s Compensation Insurance per state requirements.

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c. 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. d. An Automobile Public Liability and Property Damage Policy with a combined single limit of $2,000,000 for bodily injury and property damage. e. All certificates of insurance shall stipulate that the insurance will not be changed or canceled without giving thirty (30) days prior written notice to the Township of West Orange by registered mail. Any notice of termination shall constitute an immediate default and permit the Township to immediately terminate this agreement. f. 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.

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SECTION 3.0 PROPOSAL DOCUMENTS

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Article 3.01 Respondent Disclosure Statement Respondent Disclosure Statement must be fully and accurately completed. IF YOU FAIL TO PROPERLY COMPLETE THIS RESPONDENT DISCLOSURE STATEMENT, THEN YOUR PROPOSAL COULD RESULT IN REJECTION. 1. Business Form: Indicate the business form by placing an “X” in the appropriate box:  Corporation  Partnership  Other- if other, specify:___________________________________ ____________________________________ Names of Officers of Corporation or Partners Name Title 1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

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Article 3.02 State of New Jersey Township of West Orange Affidavit of Authorization for Contract State of ______________________ SS. County of____________________ ____________________________ being duly sworn, deposes and says that he resides at ___________________________________________ that he is the _____________________(Title) who signed the Proposal for this Contract; that he was duly authorized to sign; that the seal attached is the seal of the Respondent; and that all declarations and statements contained in the Proposal are true, to the best of his knowledge and belief. ____________________________________ (Type of print name of affiant under signature) Subscribed and sworn to before me this _________ day of _______________ 2013. ___________________________ (Notary Public) My commission expires ___________________________.

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Article 3.03 State of New Jersey Township of West Orange Moral Integrity Affidavit for Contract State of ______________________ SS. County of ____________________ I, ___________________________, the __________________________of _____________________________hereinafter called the Respondent, being duly sworn, deposes and says: 1. That the Respondent herewith submits a proposal regarding this Contract to the Township of West Orange. 2. That the Respondent wishes to demonstrate moral integrity to the satisfaction of the Township of West Orange. 3. That, as of the date of signing this Affidavit, neither the Respondent, nor any of his owners, officers, or directors are involved in any Federal, State or other Governmental investigations concerning criminal or quasi- criminal violations, except as follows: (if none, so state). ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ 4. That neither the Respondent not any of his owners, officers or directors have ever committed any violations of a Federal or State of quasi-criminal statute, except as follows (if none, so state). ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ 5. That the Respondent does not appear on the State of New Jersey’s Treasurer’s Department List. 6. That the State in which the Respondent is incorporated is: _____________

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7. That if the answer to question # 6 is a State other than New Jersey, the Respondent has received from the Secretary of the State of New Jersey a certificate authorizing the corporation to conduct business in New Jersey. 8. That the names and addresses of the principals, officers, and shareholders of the Respondent are as follows: ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ (Use additional sheets if required) 9. That he is personally acquainted with the operation of the Respondent; has full knowledge of the factual basis comprising the contents of this Affidavit; and that the contents are true. 10. That this Affidavit is made to the Township of West Orange to accept the Proposal for this Contract, knowing that the Township of West Orange relies upon the truth of the statements contained herein. _____________________________________ (Respondent) _____________________________________ (Type or print name of affiant under signature) Subscribed and sworn to before me this _________ day of _______________ 2013. ___________________________ (Notary Public) My commission expires ____________________________.

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Article 3.04 Non-Collusion Affidavit State of_____________________ SS. County of___________________ I, __________________ of the Township of ________________________, in the County of __________________ and the State of __________________________, of full age being duly sworn according to law, on my oath depose and say that: I am _____________________ of the firm of _____________________, the bidder making the proposal for the above named project, and that I executed the said proposal for the above named project, and that I executed the said proposal with full authority to do so; that said bidder has not, directly or indirectly, entered into any agreement, participation in any collusion or otherwise taken any action in restraint of free, competitive bidding in connection with the above named project; and that all statements contained in said proposal and in this Affidavit are true and correct, and made with full knowledge that the Township of West Orange, New Jersey relies upon the truth of the statements contained in said proposal and in the statements contained in the affidavit in awarding the contract for the said project. I further warrant that no person or selling agency has been employed or retained to solicit or secure such a contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by _________________________ (N.J.S.A. 52:34-15). Name of Contractor __________________________ __________________________ (Sign Name Here) Subscribed and sworn before me on this ______________ day of _________________________ 2013. _________________________ (Notary Public) My commission expires:___________________________ Note to Notary: When completing this form, all notaries must: 1- Indicate date. 2. Indicate State. 3. Sign Name. 4. Affix name by Printing it, typing it, using a rubber stamp, using an impression seal or using a mechanical stamp. NOTE: The person who signed the proposal form from the respondent should sign this form also. WARNING: IF YOU FAIL TO FULLY, ACCURATELY, AND COMPLETELY

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