293-22 Exhibit A.pdf

2.9.2 Landscapers and contractors licensed by the Township who collect leaves at Llewellyn Park and Hutton Lafayette Apartments shall be authorized to dispose of all the leaves collected from these sites at the Facility at no charge to the landscapers or contractors. 2.9.3 Residents of the Township shall be authorized to dispose of their Vegetative Waste, at no charge, to the Facility from their private homes. Said delivery shall be limited to private vehicles. 2.9.4 Residents of the Township shall be authorized to deposit their recyclable materials at the Recycling Convenience Center at no charge. 2.9.5 The Operator may charge all other users of the Class "B" and Class "C" exempt facilities in its discretion including commercial landscapers not otherwise exempt under this section. 2.9.6 The Operator may distribute and sell topsoil, compost, mulches and various landscape supplies from the Facility. 2.10 MARKETING OF RECYCLABLE MATERlALS 2. I 0.1 The Operator shall be responsible for the provision of containers, the transportation and the end marketing of the following recyclable materials from the Recycling Convenience Center: 2.11.1 (a) Aluminum Beverage Cans 2.11.l(b) Glass food containers 2.11.l(c) Corrugated Paper 2.11.l(d) Mixed Paper 2.11.l(e) Steel food and product (non-toxic) containers 2.11.2(f) Tires (without rims) 2.1 l .2(g) Scrap metal 2.11.2(h) Propane Tanks (empty) 2.11.2(i) Electronics 2.11 PERMITS 2.11.1 The Operator shall be responsible for the permitting of all equipment being utilized at the site in accordance with Law. Permits include electrical and building permits for ramps and/or trailers. 2.12 MATERIALS TO TOWNSHIP 2.12J Township Product - The Operator shall annually provide processed Vegetative Waste of the following types and minimum quantities to the Township of West Orange at no charge: 2.12.1 (a) Mulch (choice regular or colored mulch)- 1200 cubic yards per year. 2.12. l(b) Top soil (double screened)- 1200 cubic yards per year. 2.12.1 (c) Wood chips - 1200 cubic yards per year. 22

2.12.2 Township Board of Education - The Operator shall also annually provide processed Vegetative Waste of the following types and minimum quantities to the Township of West Orange Board of Education at no charge: 2.12.2(a) Mulch - 120 cubic yards per year. 2.12.2(b) Top soil (double screened) - 150 cubic yards per year. 2.12.3 Residential Product - In addition to the foregoing, the Operator shall annually provide wood chips, mulch and topsoil to West Orange residents at no charge; provided that such wood chips, mulch and topsoil is transported in the resident's normal passenger vehicle (not a commercial vehicle) and will be used for the resident's personal use. 2. I 2.3(a) The amount that may be taken at one time shall be limited to that which can be contained in three (3) thirty-five (35) gallon containers. 2. I 2.3(b) The Operator is not required to load personal vehicles or if the operator elects to provide such a service, shall be permitted to charge for loading services. 2.13 ON SITE IMPROVEMENTS AND SITE PREPARATION 2.13. I The Township of West Orange Recycling Facility is an operating facility that is in need of site improvements. The Operator shall pay the cost of the site improvements. All construction permits must be obtained and all fees paid by Operator to the Township. 2.13.2 The Operator shall fund the cost of upgrading and maintaining the landscape, grading, fencing and all road improvements on the current site and site plan improvements as per specifications as directed by the Township. 2.13.3 All site improvements shall be completed within eighteen (18) months, except as otherwise noted herein, subject to a six (6) month extension at the sole discretion of the Township. 2.14 WORK TO BE PERFORMED 2.14. I The Class Band Class C facility operation will be done in accordance with the standards established by the NJDEP underN.J.A.C. 7:26A-I et al. seq. and in accordance with the current Leaf Composting Manual for New Jersey Municipalities as may be amended from time to time. An NJDEP Certified Compost Facility Operator shall be present on site at all times the facility is open andfor operational. 2.14.2 The Recycling Convenience Center shall be operated in accordance with all applicable law. In addition, the Operator shall be responsible for the following: 2.14.2(a) Staffing the gatehouse with

e Recycling Convenience Center shall be operated in accordance with all applicable law. In addition, the Operator shall be responsible for the following: 2.14.2(a) Staffing the gatehouse with professionally trained staff who are capable of bilingual communication in English and Spanish. There shall be staff at this facility during every hour that the facility is in operation. 23

2.14.2(b) Providing sufficient staffing levels to maintain a neat and orderly appearance at the Recycling Convenience Center including the policing of litter and to assist residents with offloading of recyclable materials as necessary. 2. l 4.2(c) Providing sufficient containers to accommodate the quantity of recyclable materials deposited by residents at the Recycling Convenience Center including those times when full containers are transported to market. 2.14.3 Operator will have an odor neutralizing system at his disposal for use at the site to control all odors associated with the operation of the facility. Such device shall be capable of operating in all weather conditions including fog and rain. The system will be available for use at any time that it may be necessary and shall consist of an odor neutralizing chemical that meets all New Jersey Department of Environmental Protection Rules and Regulations. Under no circumstances shall the system consist of an odor masking agent. 2. l 4.3(a) Operator shall operate an odor neutralizing system in accordance with the following procedures: 1. The system shall be employed in such a manner as to operate downwind of the odor sources and upwind of any sensitive receptors at any time that there is a risk of odor becoming offensive to such sensitive receptors. 2. General preventative maintenance must be regularly undertaken and a necessary supply of spare parts available for emergency repairs must be on site at all times. 3. Odor - neutralizing chemicals be available for use on the site at all times. 4. Material Safety Data Sheets ("MSDS") shall be kept on site and made available for any Township, State or County representatives, or any resident that requests such information at any time during normal business hours. 5. If the system that has been approved proves to be inadequate to neutralize odors to the satisfaction of the Township, New Jersey Department of Environmental Protection or the Essex County Health Department, an additional system(s) may need to be employed, or in the alternative, a

Department of Environmental Protection or the Essex County Health Department, an additional system(s) may need to be employed, or in the alternative, a different system may need to be employed and the Operator agrees to this condition. a. Any costs associated with an alternative system will be borne solely by the Operator. 6. The Township shall be notified in advance of any substitution ofodor neutralizing chemical prior to its use at the site. a. A complete MSDS shall be provided as needed for any substitution of chemicals. 2.14.4 Operator shal 1 implement a Fire Safety Prevention protocol that conforms to the following minimum standards in addition to the implementation of the approved fire prevention plan as approved by the West Orange Fire Department. 2.l4.4(a) The Operator shall maintain sufficient fire access to the site and to all Class A, B and C materials at all times. Such access shall include sufficient width between storage 24

piles as may be required by the West Orange Fire Department and surface preparation so as to allow unimpeded access to emergency vehicles. 2. I 4.4(b) The Operator shall maintain a fire safety watch whenever the National Weather Service or local authorities have issued any form of fire warning for West Orange and surrounding environs. Said fire watch will be maintained at any time the storage of Class A, B or C materials is maintained on the site. 2.15 UTILITIES 2.15.1 The cost for all utilities, including water usage and water service charges, required to operate the Recycling Convenience Center, the Class Band Class C locations at the Site shall be paid by the Operator. 2.16 ACCIDENT REPORTING 2.16.1 The Operator shall prepare written Accident Reports containing the date, time, type of accident, weather conditions, etc. along with the names of witnesses and any other pertinent information. These records shall be submitted to the Township Engineer/Director of Public Works and Director of Public Works and maintained along with the other Facility records by the Operator in the onsite trailer. 2.17 RECORD KEEPING 2.17.1 All records shall be kept in a neat and orderly manner to facilitate inspection by the Township of West Orange and representatives of the regulatory agencies. 2.17 .2 Incoming and Outgoing material reports for all Class B and Class C material shall be provided to the Township no later than March l aftet· the close of the preceding year in a form as required by the Township. 2.18 REGULATORY OVERSIGHT BY WEST ORANGE 2.18.1 The Township of West Orange Environmental Compliance Officer in accordance with the following schedule will inspect the Recycling Facility: 2.18. l(a) Class "B" recycling operation shall be inspected three (3) times per month for the first six (6) months of the contract. 2.18.l (a)! Class "B" recycling operation shall be inspected two (2) times per month each month thereafter for the duration of the contract. 2.18.l (b) Class "C" recycling operation shall be inspected three (3) times per month for the first six (6) months and the last six months of the contract. 2.18.l(b)I Class "C" recycling operation shall be inspected two (2) times per month each month thereafter for the duration of the contract.

six months of the contract. 2.18.l(b)I Class "C" recycling operation shall be inspected two (2) times per month each month thereafter for the duration of the contract. 2.18. l (c) The Recycling Convenience Center shall be inspected one (l) time per month for the duration of the contract. 25

2.18.2 The Environmental Compliance Officer shall be paid for the inspection services above from the escrow fund established in accordance with this RFP. 2.18.2(a) The inspections outlined in 2.18.l(a) & (b) shall result in total charges of $750.00 per inspection for the Class Band Class C facilities combined. 2.18.2(b) The inspections outlined in 2.18.1 (c) shall result in total charges of $150.00 for each inspection of the Recycling Convenience Center. 2.18.3 The Township of West Orange Environmental Compliance Officer shall 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. 2.! 8.4(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 $185.00/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 at the above rate and mileage at $.565/mile . .. 2.18.5 The Operator agrees to place into escrow the sum of $25,000 to cover the cost of inspections as outlined herein. When the escrow fund falls below $20,000, the Operator agrees to replenish the escrow fund to restore the balance of the escrow fund back to $25,000. 2.18.6 The Operator agrees that any remaining amounts in the escrow funds will be returned to the Operator within thirty (30) days from the termination of the Agreement. 2.19 LIQUIDATED DAMAGES 2.19.1 The parties acknowledge that in the event of a default in performance by the 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 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

ely 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 sums as Liquidated Damages. 2.19 .2 Liquidated Damages shall be assessed based on the findings of the Environmental 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 26

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 assessment 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. 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 minimal quantities 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 po1tion 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 RFP, 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