98-24 Exhibits to the Agreement for the Operation of the Recycling Center - Part II.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 If awarded a contract; the successful bidder will be required to comply with the requirements of N.LS.A. 10:5-31 et seq. and N.J.A.C. 17:27 et seq as outlined in Section 3.11. 1.18 Historical Recycling Quantities The most recent recycling activity on this site is outlined below: Class C Incoming Material ~ 2022 — 28,484 cubic yards Class C Outgoing Material ~ 2022 — 19,542 cubic yards Class B Incoming Material — 2022 — 62,938 cubic yards Class B Outgoing Material — 2022 ~ 48,632 cubic yards 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. 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