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

2.20.4(a) Total volume and Gross Revenue of material received by material type as follows: - Leaves - Brush - Tree Parts - Clean Wood - Soil 2.20.4(b) Total volume and Gross Revenues generated by the sale of each material as follows: - blended soils, - finished compost -decorative stone - mulch of all grades - landscape supplies 2.21 CHANGES TO OPERATING PROCEDURES 2.21.1 Changes to the Operating Procedures or approved equipment shall first require the approval in writing of the Township of West Orange and the NJDEP. 2.21.2 All expenses and fees required to change the Operating Procedures and/or Equipment utilized at any part of the recycling facilities shall be paid for by the Operator. 2.21.3 The Operator shall reimburse the Township for all of the Township’s expenses incurred with regard to this Agreement and all operations within seven (7) days of receipt. 2.22 TERMINATION 2.22.1 West Orange may, in its sole discretion, upon seven (7) days written notice delivered via hand delivery, overnight service or telecopy transmission to the Operator, terminate or limit the services of the Operator for good cause, including, but not limited to, the following: a. Non-performance by the Operator; b. Abandonment of the Facility by the Operator, which shall include, but not be limited to, the failure to be open and fully operational for two (2) consecutive business days; C Failure to provide proof of renewal of the Performance and Payment Bond (“Bond”) and Certificate of Insurance (“Insurance”) at least ten (10) business days before expiration of the existing Bond and Insurance; d. Expiration or termination of any permit necessary for the performance of the services required hereunder. e. Any negative declaration, charge or determination by the DEP or other governmental entity which is not cured within thirty (30) days; and f: Failure to reimburse the Township for any cost or expense incurred by the Township within seven (7) days of being provided a written request for reimbursement. 30

2.22.2 In the event of termination, the Operator shall remove all equipment within seven (7) days and shall be fully liable for any costs incurred in the removal of same. Any items remaining after seven (7) days shall be deemed abandoned to West Orange for all purposes and West Orange shall not be responsible for their use or disposal. 2.23 OPERATOR NON-PERFORMANCE a. Non-performance by the Operator shall include, but not be limited to, any of the following situations: L vw Failure to be open and accept Vegetative Waste during the days and hours prescribed in Section 2.4 and failure to be open, operate and accept materials at the Recycling Convenience Center on the days and hours prescribed in Section 2.4 (except national holidays); Failure to staff the Facility with at least one (1) person during all hours of operation; Failure to provide on-site, every thirty (30) days at least one (1) tub-grinder and any other equipment necessary to load and process Vegetative Waste, unless the Operator removes the Vegetative Waste off-site for processing: Failure to comply with all conditions of any and all permits and laws of the Township of West Orange, the State of New Jersey and the DEP; The stockpiling of any items at levels or operations which are deemed to be a fire, safety and/or health concern in the sole discretion of the Fire Chief, Fire Director and/or Director of the Department of Health or their designees; Failure to accept and process at no cost to the Township Vegetative Waste generated by the Township and delivered to the Facility by the Department of Public Works for the Township; and Any breach of any provision of this agreement. Failure to deliver materials from the Convenience Center to recycling markets. 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 31

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. Ifa Proposer fails to provide a performance bond for the first year of the contract, the Township may declare the Proposer 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 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-Proposing the contract. 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

any’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. Ifthe Surety on the Bond furnished files bankruptcy or becomes 32

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 At 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. Ci 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 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. Certificates shall show the type, amount, class of operations covered, effective dates and expiration dates for all policies. a 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. 33

SECTION 3.0 PROPOSAL DOCUMENTS 34

DOCUMENT CHECK LIST Section | Description Initial When due § 3.01 | Statement of Ownership Disclosure Mandatory with Proposal § 3.02 Affidavit of Authorization for Contract Mandatory with Proposal § 3.03 | Market Capacity Affidavit Mandatory with Proposal | § 3.04 Moral Integrity Affidavit Mandatory with Proposal § 3.05 Non- Mandatory with Proposal Collusion Affidavit § 3.06 | Sub-Contractor Use Form With Proposal § 3.07 Experience Statement Mandatory with Proposal § 3.08 Qualifications of Personnel Mandatory with Proposal § 3.09 | Equipment List With Proposal § 3.10 | Consent of Surety Prior to Contract Award §3.11 | Affirmative Action Requirements Prior to Signing Contract | §3.12 | Americans with Disabilities Act With Proposal §3.13 | Americans with Disabilities Act Affidavit With Proposal § 3.14 Proposal form Mandatory with Proposal §3.15 | Revenue Sharing Proposal Mandatory with Proposal | §3.16 | Respondent Proposal Form Mandatory with Proposal § 3.17 Disclosure of Violations Mandatory with Proposal §3.18 | Disclosure of Political Contributions With Proposal § 3.19 | Disclosure of Investment Activities in Iran Prior to Contract Award § 3.20 | Equipment Dedication Affidavit Mandatory with Proposal §3.21 Proposal Bond Form Mandatory with Proposal § 3.22 | Acknowledgement of Receipt of Addenda Mandatory with Proposal §3.23 Business Registration Certificate Prior to Contract Award §1.09 | Certificate of Insurance Due 5 days from request after Award 35

Article 3.01 STATEMENT OF OWNERSHIP DISCLOSURE NJS.A. 52:25-24.2 (P.L. 1977, c.33, as amended by P.L. 2016, c.43) This statement shall be completed, certified to, and included with all bid and proposal submissions. Failure to submit the required information is cause for automatic rejection of the bid or proposal. Name of Organization: Part I Check the box that represents the type of business organization: oO Sole Proprietorship (skip Parts II and III, execute certification in Part 1V) non-profit Corporation (skip Parts II and III, execute certification in Part IV) oO For-Profit Corporation (any type) Oo Limited Liability Company (LLC) Oo Partnership oO Limited Partnership Oo Limited Liability Partnership (LLP) other (be specific): Part IT O The list below contains the names and addresses of all stockholders in the corporation who own 10 percent or more of its stock, of any class, or of all individual partners in the partnership who own a 10 percent or greater interest therein, or of all members in the limited liability company who own a 10 percent or greater interest therein, as the case may be. (COMPLETE THE LIST BELOW IN THIS SECTION) OR | No one stockholder in the corporation owns 10 percent or more of its stock, of any class, or no individual partner in the partnership owns a 10 percent or greater interest therein, or no member in the limited liability company owns a 10 percent or greater interest therein, as the case may be. (SKIP TO PART IV) (Please attach additional sheets if more space is needed): Name of Individual or Business Entity Address 36

Part III DISCLOSURE OF 10% OR GREATER OWNERSHIP IN THE STOCKHOLDERS, PARTNERS OR LLC MEMBERS LISTED IN PART II Ifa bidder has a direct or indirect parent entity which is publicly traded, and any person holds a 10 percent or greater beneficial interest in the publicly traded parent entity as of the last annual federal Security and Exchange Commission (SEC) or foreign equivalent filing, ownership disclosure can be met by providing links to the website(s) containing the last annual filing(s) with the federal Securities and Exchange Commission (or foreign equivalent) that contain the name and address of each person holding a 10% or greater beneficial interest in the publicly traded parent entity, along with the relevant page numbers of the filing(s) that contain the information on each such person. Attach additional sheets if more space is needed. Website (URL) containing the last annual SEC (or foreign equivalent) filing Page #’s Please list the names and addresses of each stockholder, partner or member owning a 10 percent or greater interest in any corresponding corporation, partnership and/or limited liability company (LLC) listed in Part II other than for any publicly traded parent entities referenced above. The disclosure shall be continued until names and addresses of every non-corporate stockholder, and individual partner, and member exceeding the 10 percent ownership criteria established pursuant to N.J.S.A, 52:2. .2 has been listed. Attach additional sheets if more space is needed. Stockholder/Partner/Member and Address Corresponding Entity Listed in Part II Part IV Certification 37

I, being duly sworn upon my oath, hereby represent that the foregoing information and any attachments thereto to the best of my knowledge are true and complete. I acknowledge: that I am authorized to execute this certification on behalf of the bidder/proposer; that the Township of West Orange is relying on the information contained herein and that I am under a continuing obligation from the date of this certification through the completion of any contracts with Township of West Orange to notify the Township of West Orange in writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification, and if I do so, am subject to criminal prosecution under the law and that it will constitute a material breach of my agreement(s) with the, permitting the Township of West Orange to declare any contract(s) resulting from this certification void and unenforceable. Full Name (Print): Title: Signature: Date: 38