98-24 Exhibits to the Agreement for the Operation of the Recycling Center - Part I.pdf

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 18

circumstances may the Class B operation utilize a tub grinder or any other wood grinding or chipping equipment on Saturday. “Recycling Market” shall mean an end market whereby Recyclable Materials are returned to the economic mainstream for processing and manufacturing into new products or are sold for final use. “Recycling Convenience Center” shall mean that area designated on the site plan in Appendix " 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 all facilities therein (See attached site plan for details). A successful Operator shal! be responsible for any delineation markings, pilings and flags that may be required pursuant to the site plan and the regulations governing this site. “Site Improvement” shall mean those physical improvements to the Site that enhance the aesthetic, operational and compliance factors. “Tires” shall mean passenger automobile tires that are removed from the rim upon receipt at the facility. 2.1 SCOPE OF WORK — OVERVIEW AND SUMMARY 2.1.1 The object of this RFP is to retain the services of an Operator to operate and maintain the Township’s Recycling Convenience Center and to operate the Township’s exempt Class B-Wood and the Township’s exempt Class C-Compost facility. The successful Operator shall also maintain and operate the Recycling Convenience Center in accordance with the terms of this RFP and shall submit a proposal for the marketing of all recyclable commodities that originate at this facility including tires. 2.1.2 The successful Respondent shall be required to provide finished wood mulch, and finished compost to the Township at no cost to the Township as required and specified in Section 2.12.1 and 2.12.2, and shall also be required to provide finished wood mulch and compost at no cost to the residents of West Orange (so long as the material is collected by said residents in their private vehicles) as required and specified in Section 2.12.3. 2.1.3 The successful Respondent shall provide for the improvement of the Recycling Convenience Center in accordance

d residents in their private vehicles) as required and specified in Section 2.12.3. 2.1.3 The successful Respondent shall provide for the improvement of the Recycling Convenience Center in accordance with the physical site plan improvements and landscaping improvement contained within this RFP at a level equal to or better than that outlined within this RFP. Any such improvements shall be at the sole cost of the successful Operator. No improvements shall be undertaken without the express written approval of the Township. Any permits that may be required are the sole responsibility of the Operator 19

2.1.4 The Facility shall be operated in accordance with all terms and conditions found within this RFP and shall be operated in accordance with the terms and conditions required under law. 2.1.5 The Operator is advised that any fines assessed by any governmental agency including, but not limited to any violation of law governing this site shall be the sole responsibility of the Operator. This includes the possible costs associated with any fines, and possible costs of meetings, additional inspections, hearings, legal expenses, attorney’s fees, written responses required or hearings that may be associated with such violation. 2.2 SITE CONDITIONS 2.2.1 The Operator shall accept the Facility “As Is” and shall be solely responsible for processing all existing materials that may be on the site as of the effective date of contract implementation. 2.2.2 The current site plan is shown in Appendix “A.” 2.2.3 All operations must be performed by the Operator within the site limits described herein and in Section 3 of this RFP. 2.2.4 Should the successful Respondent have a contract executed and become the Operator of the facility, and if said contract is terminated for any reason by the Operator or the Township of West Orange, all Class B and Class C vegetative materials and all recyclable materials shall be removed from the Convenience Center at the sole expense of the Operator prior to vacating the property. 2.3 ADMINISTRATION OF CONTRACT 2.3.1 The Director of Public Works/Engineer or his designee shall be the Contract Administrator on behalf of the Township. 2.4 HOURS OF OPERATION 2.4.1 The site shall be operated in accordance with the following schedule: Monday — Friday Saturday Sunday & Holidays Site Operation Component 7:30 A.M. — 4:30 P.M. 7:30 A.M. -4:00 P.M. | Closed Recycling Convenience Center Class B 7:30 A.M.—4:30 P.M. | 7:30 A.M.—4:00 P.M. | Closed NO GRINDING Class C 7:30 A.M.—4:30 P.M. | 7:30 A.M.—4:00 P.M. | Closed NO GRINDING OR WINDROW TURNING 20

2.5 SITE ACCESS BY THE TOWNSHIP AND ITS AGENTS 2.5.1 The Township of West Orange reserves the right to perform work at the site or to permit other entities to perform work at the Township’s direction. 2.5.2 The Operator shall afford such accommodation as necessary for the Township to perform such work. 2.6 ACCEPTABLE MATERIALS 2.6.1 Acceptable materials include the following: 2.6.1(a) Class B recyclable material, consisting of tree parts and stumps, brush, and untreated wood. 2.6.1(b) Class C recyclable material consisting of leaves. 2.6.1(c) Sand or clean-fill may be brought to the Facility for the use in processing the compost. 2.6.1(d) The Operator shall test all sand or clean fill and provide said test results to the Township prior to acceptance of any sand or clean fill. 2.6.1(e) At no time shall the importation or stockpiling of clean fill be of such quantities so as to interfere with the proper storage or processing of Class C or Class B materials or in any way interfere with the storage of such materials. 2.6.2. The Recycling Convenience Center shall only accept: - Aluminum Beverage Cans - Glass food containers - Plastic Containers #1, #2 and #5 - Corrugated Paper - Mixed Paper - Steel food and product (non-toxic) containers - Tires (without rims) - Scrap metal - Propane Tanks (empty) - Electronics - Other materials if approved in advance and in writing by the Township. 2.7 PROHIBITED MATERIALS 2.7.1. The following materials are specifically prohibited from acceptance at the Facility: 2.7.1(a) Hazardous materials 2.7.1(b) Grass Clippings other than de minimis quantities incidentally found in the collection of Class B and Class C materials . 2.8 SOURCES OF MATERIALS 2.8.1 The Site’s source of materials shall be limited to Township vehicles, Township Board of Education vehicles, tree service contractors and landscapers who do work for the Township, all 21

Township Residents and landscapers and tree service contractors who are allowed to dump by the Township. The Operator shall record the date of receipt and origin of all materials brought to the Facility. 2.8.2 Vegetative material that is collected from outside the Township may be accepted by the Operator if it is limited to those Class B and Class C materials allowable under the terms of this RFP, provided that the Operator transports these materials to a Class “B” or a Class “C” Recycling Facility in accordance with applicable Law if said materials exceed the maximum allowance of the site exemption. Regardless of any accepted vegetative material collected from outside the Township, all acceptable vegetative material collected within the Township must be accepted without limitation. 2.8.3 The Operator shall not accept and process any Vegetative Waste in excess of site limitations as prescribed by Law. 2.8.4 The Township reserves the right to terminate the acceptance of Class “B” or Class “C” materials from outside the Township based upon any health, safety, or traffic concerns on twenty- four (24) hours written notice. 2.9 FEES CHARGED TO USERS 2.9.1 Tree service contractors and landscapers contracted by the Township shall be authorized to dispose of all materials collected, while working for the Township only, at the Facility at no charge to the contractor or landscaper. 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. 2.9.4(a) The Operator may charge all users for the receipt of tires. The fee per tire shall be clearly posted at the office trailer. 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 blended topsoil, compost,

ss “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 blended topsoil, compost, mulches and various landscape supplies from the Facility. 2.9.7 In the event that: (i) there is a disaster declaration by the President of the United States consistent with the Stafford Disaster Relief and Emergency Assistance Act or any amended or revised act which has the same purpose or intent and (ii) the amount of Class-B materials 22

received from an approved source within the Township; exceeds 800 cubic yards ina thirty (30) day period following the disaster declaration, then the Operator may invoice the Township for the amount of Class-B materials that exceed the 800 cubic yards in the thirty (30) day period at a rate of $15 per cubic yard. The Operator agrees to provide all necessary documentation or information required by FEMA for the Township to seek reimbursement of the amounts paid to the Contractor pursuant to this provision. (a) In the event that: (i) the Governor of the State of New Jersey adopts an Executive Order declaring a State of Emergency arising from a major weather event; and (ii) the amount of Class-B materials received from an approved source within the Township exceeds 800 cubic yards in a thirty (30) day period following the adoption of the Executive Order; the Operator may reduce the amount of rent due for the following month for the amount of Class-B materials for that thirty (30) day period that exceed the 800 cubic yards in the thirty (30) day period at a rate of $15 per cubic yard up to, but not to exceed the total rent due during that thirty (30) day period. a. To initiate any claims as per this section, the Operator shall submit copies of all incoming load tickets that clearly indicate the municipality of origin for the Class B material being delivered to the property. The incoming ticket shall indicate the volume of material received, the type of vehicle used to deliver the material, the license plate number of the vehicle and the fees charged for the entire load of Class B material being deposited. 2.10 MARKETING OF RECYCLABLE MATERIALS 2.10.1 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: .11.1(a) Aluminum Beverage Cans .11.1(b) Glass food containers .11.1(c) Plastic containers as outlined in the West Orange Recycling Ordinance 2.11.1(d) Corrugated Paper 2.11.1(e) Mixed Paper 2.11.1(£) Steel food and product (non-toxic) containers 2.11.2(g) Tires (without rims) .11.2(h) Scrap metal .11.2(i) Propane Tanks (empty) 11.2(j) Electronics i) Nn NNW eb 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 including all

(empty) 11.2(j) Electronics i) Nn NNW eb 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 including all N.J.D.E.P. Air Permits. All site improvements shall be permitted as required including electrical and building permits for ramps and/or trailers. 2.11.2 The Operator shall be responsible for assisting the Township in obtaining any required storm water permits as outlined in N.J.A.C. 7.14A. All costs associated with testing under this regulation shall be the responsibility of the Operator. 2.12 MATERIALS TO TOWNSHIP 23

2.12.1 Township Product — The Operator shall annually provide processed finish material 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. 2.12.1(b) Top soil (double screened) — 1200 cubic yards per year. 2.12.1(c) Wood chips — 1200 cubic yards per year. 2.12.2 Township Board of Education — The Operator shall also annually provide finish material 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 residents’ personal use. 2.12.3(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. 2.12.3(b) The Operator is not required to load personal vehicles or if the operator elects to provide such a service, the operator shall be permitted to charge for loading services. 2.13 ON SITE IMPROVEMENTS AND SITE PREPARATION 2.13.1 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 2.14.1 The Class B and Class C facility operation will be done in accordance with the standards established by the NJDEP under N.J.A.C. 7:26A-1 et al. seq. and in accordance with the current Leaf Composting Manual for New Jersey Municipalities as may be amended from