293-22 Exhibit A.pdf

1.16 Disputes Under the Contract 1.16.1 A dispute arising under the Contract shall be submitted in writing to the Director of Engineering 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. 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 borne 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. 1.17 Affirmative Action Requirements Exhibit B (Rev. 9/92) P.L. 1975, C. 127 (N.J.A.C.17:27) Mandatory Affirmative Action Language Goods, Professional Services and General Service Contracts 1.17.1 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 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,

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, 14

notices to be provided by the Public Agency Compliance Officer setting forth provisions to this nondiscrimination clause. B. 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. C. 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 or understanding, 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. D. 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. E. 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.J.A.C. 17:27-5.2 F. 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. G. The Contractor or subcontractor agrees to revise any of its testing procedures, if

the use of any recruitment agency which engages in direct or indirect discriminatory practices. G. 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 15

as established by applicable Federal law and applicable Federal court decisions. H. 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. I. The contractor shall submit to the public agency, after notification of award but prior to execution of a 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 N.J.A.C. 17:27. 1.18 Historical Recycling Quantities Year Brush/Tree Leaves Woodchip Commingled Corrugated Mixed Stumps (Class C) Paper Paper and (Class B) Newspaper 2008 3,832 4,401 1,470 527 664 775 2009 2,183 4,421 1,351 477 373 305 2010 1,901 8,016 507 560 387 515 2011 9,644 1,662

009 2,183 4,421 1,351 477 373 305 2010 1,901 8,016 507 560 387 515 2011 9,644 1,662 1,872 155 239 391 2012 8,617 2,014 2,871 135 279 2013 6,032 3,257 239 391 2014 4,190 3,672 116 159 2015 4,603 4,257 106 156 2016 3,422 4,309 183.30 239 391 2017 2,407 5,250 106.28 112 120 This information is for illustrative purposes only. Nothing contained herein shall provide a basis to modify the agreement. No adjustments have been made for weather events. 16

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 DATE EVENT June 15, 2018 Pre-Bid Meeting and Site Visit at Township of West Orange Recycling Center, 590 Mt. Pleasant Avenue, West Orange, New Jersey. June 22, 2018 All questions concerning this Request for Proposal shall be submitted in writing by this date, directed to Mr. Wayne DeFeo, DeFeo Associates, 15 Washington Valley Road, Warren Township, New Jersey 07059-7003, wdefeo@defeoassociates.com. July 10, 2018 Responses to questions concerning this Request for Proposal will be posted on the Township Web site on or before this date. July 17, 2018 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 Clerk’s Office in the Council Chambers, 66 Main Street, West Orange, New Jersey. August 2018 – Transition September 2018 October 1, 2018 Contract between winning bidder and Township of West Orange will commence. June 2, 2021 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, 2021 First additional one-year contractual period commences if Township exercises its option. June 2, 2022 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, 2022 Second additional one-year contractual period commences if Township exercises its option.

tract for another one-year period. October 1, 2022 Second additional one-year contractual period commences if Township exercises its option. 17

SECTION 2.0 TECHNICAL 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 plans 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 de minimis quantities 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 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,