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

1.10.3 Lil 1.11.2 | 1.12.2 f 1,131 and other documentation required within the specified time, shall forfeit the bid security. The Respondent to which the Contract has been awarded, upon his failure or refusal to execute the Contract or to deliver the bonds, insurances or other documentation required within the specified time, shall forfeit the bid security. Consent of Surety, Performance and Payment Bond Each proposal must be accompanied by a Consent of Surety signed by a surety company stating that if the Respondent’s proposal is accepted, the surety company which provides the Consent shall be required to furnish a Performance and Payment Bond in the amount as specified in Section 2.24, Such surety company will provide the Respondent with bonds guaranteeing the faithful performance of work in accordance with the RFP, and the payment of labor, materials and all other indebtedness which may accrue on the account of this contract. A Performance and Payment Bond will be required at the time of the signing of the contract. The amount of the bond and the rating of the Surety Company are specified in Section 2.24, Performance Bond and Insurance. The performance and payment bond must be furnished with the executed Contract and shall remain in effect until Contract completion. In lieu of the Consent of Surety, the Respondent may submit a Certified Check for the required amount. Contract Documents The contract documents shall consist of this Request for Proposal (REP) including, Sections 1.0, 2.0, 3.0 and Appendix “A,” along with the Respondent's Detailed Site Improvement Pian signed by a licensed engineer, the Respondent’s Proposal form, and an Agreement between the successful Respondent and the Township of West Orange which incorporates the terms of this RFP. Should discrepancies exist between the Request for Proposal (RFP) and the Respondent’s Proposal, the requirements of the Request for Proposal (RFP) will govern, unless otherwise agreed to in writing by the Township of West Orange. Operations and Marketing Respondents shall submit a Proposal for the operation and marketing services for the Recycling Center. 12

i 1.13.4 1.14 114.1 1.16 1.16.1 The Proposal shall address the scope of work and other requirements included in Section 2 of this Request for Proposal (REP). The Proposal shall include a list of all personnel that will be assigned to the work along with experience summaries for each. The Proposal shall also include a flow chart specifying personnel responsibilities by position. The supervisory personnel indicated in the Proposal shall not be changed without approval from the Township of West Orange. While a detailed marketing plan is not required as part of the Proposal, a brief description, generally indicating the markets that will be investigated for disposal of the end product shall be included. Proposal Form The revenue or cost information shall be required on the Proposal Form included in Section 3.0. The Proposal Form shall be completed in ink or by typewriter. Erasure or alterations must be initialed by the Respondent in ink. The prices shall be stated in words and numerals. All blank spaces must be completed. Ditto marks shall not be used. Discrepancies between words and numerals will be resolved in favor of the words. All names must be typed or legibly printed below the signature. The Proposal Form includes a Base Bid. The Base Bid is for the operation of the Recycling Center for Class B, Exempt Woods, Class C, Exempt Compost Operation -and.the. Recycling Convenience.Center.The Base Bid-ineludes the-site—--- —---- - improvements necessary for all three operations, including site vegetative screening, and landscaping. Compliance with the New Jersey Prevailing Wage Act The work solicited under this bid proposal is considered a service contract, This contract is not subject to the New Jersey Prevailing Wage Act, N.LS.A. 34:11-56a.25. Disputes Under the Contract A dispute arising under the Contract shall be submitted in writing to the Director of Engincering and Public Works for the Township of West Orange, with all the facts and supporting data, The Director of Engineering and Public Works will review the dispute and issue his decision, or request additional facts or documentation, after which he will render his decision. :

L171 In the event the dispute is not then resolved, the matter shall be submitted to an alternate dispute resolution (ADR) procedure determined by the Township Attorney or submitted to a court of competent jurisdiction, in the Township’s sole discretion. The Respondent consents to injunctive relief at any time to protect the health and safety of the Township residents and maintain the operations in conformance with all governmental laws. Any and all costs of ADR shall be bore by the Respondent. To the extent that the Township seeks to enforce this Contract or is required to seek any relief through ADR or Court intervention, Respondent shall pay all fees and expenses incurred by the Township and shall indemnify the Township for any damages, fees and expenses. The types of disputes and the relevant procedures are set forth in N.J.S.A. 40A:11-50 which provides: All contract documents entered into in accordance with the provisions of P.L. 1971, ¢ 198 (C:40A:11-1 et seq.) after the effective date of PLL. 1977, c. 371 (C:40A;11-50) shall provide that disputes arising under the contract shall be submitted to a process of resolution pursuant to alternative dispute resolution practices, such a mediation, binding arbitration or non-binding arbitration pursuant to industry standards, prior to being submitted to a court for adjudication. Nothing in this section shall prevent the contracting unit from seeking injunctive or declaratory relief in court at any time. The alternative dispute resolution practices required by this section shall not apply to disputes concerning the bid solicitation or award process, or to the formation of contracts or subcontracts to be entered into pursuant to P.L. 1971, c. 198 (C:40A:11-1 et seq). Notwithstanding industry rules or_any. provisions.of law_to the-contrary,-— .-_-__ --_- - whenever a dispute in a contract involving construction relates, to a contract involving design, architecture, Engineering or management, upon the demand of contracting party, other interested parties to the dispute shall be joined unless the arbitrator or person appointed to resolve the dispute determines that such joinder is inappropriate. Notwithstanding industry rules or any provision of law to the contrary, whenever more than one dispute ofa similar nature arises under a construction contract, or related construction contracts, upon the demand of a

industry rules or any provision of law to the contrary, whenever more than one dispute ofa similar nature arises under a construction contract, or related construction contracts, upon the demand of a contracting party, the disputes shall be joined unless the arbitrator or person appointed to resolve the dispute determines that the dispute are inappropriate for joiner. Affirmative Action Requirements Exhibit B (Rev. 9/92) P.L. 1975, C. 127 (NJA.C.17:27) Mandatory Affirmative Action Language Goods, Professional Services and General Service Contracts During the performance of this contract, the Contractor agrees as follows. A The Contractor or Subcontractor, where applicable, will not discriminate against any employee or applicant for employment 14

because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Except with respect to affectional or sexual orientation and gender identity or expression, the contractor will take affirmative action to ensure that such applicants are recruited and employed, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Such action shall include, but not limit to the following: employment, upgrading, demotion, or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions to this nondiscrimination clause. The Contractor and Subcontractor, where applicable will, in all solicitation or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationally or Sex. The Contractor or subcontractor, where applicable, will send to each labor union or representative or workers with which it has a collective bargaining agreement_or other-contract-orunderstanding,__. _. ---. - a notice, to be provided by the agency contracting officer advising the labor union or workers’ representative of the contractor’s commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The Contractor or subcontractor where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to N.J.S.A. 10:5-31 et seq as amended and supplemented from time to time and the Americans with Disabilities Act. The Contractor or subcontractor agrees to make good faith efforts to employ minority and women workers consistent with the applicable county employment goals established

ricans with Disabilities Act. The Contractor or subcontractor agrees to make good faith efforts to employ minority and women workers consistent with the applicable county employment goals established in accordance with N.J.A.C. 17:27-5.2, or a binding determination of the applicable county employment goals determined by the Division, pursuant to N.JLA.C. 17:27-5,2 15

i I t i i I | I 1.18 H. The Contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited to, employment agencies, placement bureaus, colleges, universities, labor unions, that it does not discriminate on the basis of age, creed, color, nation origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality, or sex, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices. The Contractor or subcontractor agrees to revise any of its testing procedures, if necessary, to assure that all personal testing conforms with the principals of job-related testing, as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions. In conforming with the applicable employment goals, the contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading, and layoff to ensure that all such actions are taken without regard to age, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, consistent with the statues and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions. The contractor shall submit to the public agency, after notification .- of award but prior-toexecution.ofa. goods.and-services-contract,—---——- -- --- one of following three documents. 1) Letter of Federal Affirmative Action Plan Approval 2) Certificate of Employee Information Report 3) Employee Information Report Form AA302 The contractor and its subcontractor shall furnish such a report or other documents to the Division of Contract Compliance & EEO as may be requested by the Division from time to time in order to carry out the purposes of these regulations, and public agencies, and public agencies shall furnish such information as may be requested by the Division of Contract Compliance & EEO for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at NJLA.C. 17:27. Historical Recycling Quantities

In the past five (5) years, the Recycling Center accepted approximately the following quantity of materials for recycling (quantities in tons): Year | Brush/Tree | Leaves Woodchip | Aluminum | Glass Food | Corrugated | Mixed Steel Stumps (Class C) Beverage Containers | Paper Paper and =| Cans (Class B) Cans ‘Newspaper | (non- toxic) 2008 3,832 4,401 1,470 198 271 664 715 58 2009 2,183 4421 1,351 123 298 373 305 56 2010 L901 8,016 507 185 303 387 SiS 72 2011 9,644 1,662 1,872 9 128 239 391 18 2012 8,617 2,014 2,871 135 279 This information is for illustrative purposes only. Nothing contained herein shall provide a basis to modify the agreement. 1.19 Site Improvement Plan A detailed site improvement plan must be submitted with the proposal. The plan must be prepared and signed by a Professional Engineer licensed in the State of New Jersey. The plan will be used in evaluating the Proposal as specified in Section 1.08.3. In addition, the successful contractor must work with the Township to make any site changes that are required as a result in regulatory changes. 1.20 Timeline of Important Dates "| writing by this date, directed to Mr. Wayne DeFeo, DeFeo Associates, 15 Washington Valley Road, Warren Township, NJ 07059-7003, wdefeo@defeoassociates.com. August 20, 2013 Responses to questions concerning this Request for Proposal will be posted on the Township Web site on or before this date. August 27, 2013 Proposals must be submitted to and received by Anne DeSantis, Township of West Orange Purchasing Agent, by 3:30 on this date, and will be publicly opened by the Township of West Orange Cletk’s Office in the Council Chambers, 66 Main Street, West Orange. October 1, 2013 Contract between winning bidder and Township of West Orange will commence. June 2, 2016 Township will notify the Operator by this date if it will exercise the first Option to renew the contract for another one year period. October 1, 2016 First additional one year contractual periods commences if Township exercises its option. June 2, 2017 Township will notify the Operator by this date if it will exercise the second option to renew the contract for another one year period. October 1, 2017 Second additional one year contractual periods commences if Township exercises its option. 7

SECTION 2.0 — = "PECHNICAL INFORMATION 18

2.01— DEFINITIONS “Class B” exempt wood waste operation shall mean the area designated as a Class B processing area on the site plan in Appendix “A.” This operation shall be limited to the acceptance of Class B materials as defined within this RFP and as defined by law. “Class B” recyclable material” means branches, woody plants wood chips from tree parts, tree parts and brush. “Class C” exempt compost operation shall mean the area designated as a Class C processing operation on the site plan in Appendix “A.” The operation shall be limited to the acceptance of materials as defined within the RFP and as defined in law except that the Operator may not accept grass clippings other than that incidentally found in the collection of leaves under any circumstances, “Class C recyclable material” means a source separated compostable material which is subject to Department approval prior to the receipt, storage, processing or transfer at a recycling center in accordance with N.J.S.A. 13:1E-99.34b, and which includes, and is specifically limited under the terms of this RFP to Leaves. “Environmental Compliance Officer” shall mean a person or firm retained by the Township of West Orange who shall conduct regular inspections of the Site in order to guarantee compliance with applicable law and the terms of this RFP. “Law” shall mean those statutes and regulations governing the design and operation of materials at the operations for which the Township of West Orange is soliciting this RFP. Law includes, but is not limited to, the Solid Waste Management Act. “Operating Schedule” shall mean those time periods where the Site is allowed to receive and process recyclable materials in accordance with the authorization to operate except that under no circumstances may the Class B operation utilize a tub grinder or any other wood grinding or chipping equipment on Saturday. “Recycling Convenience Center” shall mean that area designated on the the site plan in Appendix “A.” The Recycling Convenience Center shall be limited to the acceptance of materials as outlined with the scope of this RFP. “Sand and Clean Fill” shall mean soil amendments commonly used in the blending of topsoil and compost and shall have test findings that are in accordance with the Law. “Site” shall mean the Recycling Convenience Center, located at 590 Mt. Pleasant Avenue West Orange, New Jersey, and