293-22 Exhibit A.pdf

7. Any breach of any provision of this agreement. 2.24 PERFORMANCE BOND, RESTORATION 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

nce 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 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. 31

b. A Restoration Bond in the form acceptable to the West Orange Township Attorney, and in the amount equal to $50,000, 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 Restoration Bond must specifically provide that it will indemnify and pay all costs related to any actions required to restore the property to its original condition as it existed prior to the receipt of any Class A, B or Class C material at the site at the beginning of the contract. 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 remediate 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. c. Worker’s Compensation Insurance per state requirements. d. 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. e. An Automobile Public Liability and Property Damage Policy with a combined single limit of $2,000,000 for bodily injury and property damage. f. All certificates of insurance shall stipulate that the insurance will not be changed or canceled without giving thirty (30) days prior written notice to

. f. 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. g. 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. 32

SECTION 3.0 PROPOSAL DOCUMENTS

Article 3.01 STOCKHOLDER DISCLOSURE CERTIFICATION I certify that the list below contains the names and home addresses of all stockholders holding 10% or more of the issued and outstanding stock of the undersigned. _________ I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the undersigned. __________ PLEASE CHECK TYPE OF BUSINESS ORGANIZATION: Partnership _____ Limited Partnership _____ Limited Liability Corp. _____ Corporation _____ Sole Proprietorship_____ Limited Liability Partnership_____ Subchapter S Corp. _____ PLEASE CHECK APPROPRIATE BOXES AND SIGN BELOW Stockholders NAME: ______________________________________________ HOME ADDRESS: ____________________________________ ____________________________________ NAME: ______________________________________________ HOME ADDRESS: ____________________________________ _______________________________________ NAME: ______________________________________________ HOME ADDRESS: _____________________________________ ______________________________________ 34

NAME: _______________________________________________ HOME ADDRESS: _____________________________________ ______________________________________ ______________________________ _______________________________ Owner or Representative Signature Print Name and Title NOTARY PUBLIC Sworn before me this ____ day of ______________2018 35

Article 3.2 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 and print name of affiant under signature Subscribed and sworn to before me this ____________ day of ____________________2018. ________________________________ (Notary Public) My commission expires ______________________________ 36

Article 3.03 MARKET AFFIDAVIT AND GUARANTEE STATE OF NEW JERSEY COUNTY OF I, , am the (Name of Affiant) (Identify Relationship to Proposer) of the and being duly (Name of Proposer) sworn, I depose and say: All statements contained in this affidavit are true and correct and made with full knowledge that the State of New Jersey and West Orange will rely upon the truth of the statements contained in this affidavit and in this Proposal in signing the contract for the Contract term. At all times during the term of this Contract, _______________________agrees to commit, that ___________________________ has secured and will maintain sufficient market capacity for the Marketing of all Recyclable Materials as outlined within the RFP at a Market as defined under N.J.S.A. 13:1E-99.12 and received during the term of this Contract. I also understand and agree that failure to comply with the representations contained herein shall be cause for breach of contract and will entitle West Orange to damages arising there-from in accordance with the Liquidated Damages Provision within this Request for Proposal and Contract. Name of Firm or Individual Title Signature Date Subscribed and sworn to before me this day of 2018 ____________________________ Notary Public of My Commission expires , 2018 37

Article 3.04 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, no state). _____________________________________________________________________ _____________________________________________________________________ ______________________________________________________________________ 38